S 2102
110th CONGRESS
1st Session
S. 2102
To amend title II of the Social Security Act to phase out the
24-month waiting period for disabled individuals to become eligible
for Medicare benefits, to eliminate the waiting period for individuals
with life-threatening conditions, and for other purposes.
IN THE SENATE OF THE UNITED STATES
September 26, 2007
Mr. BINGAMAN (for himself, Mr. OBAMA, Mr. SALAZAR, Mr. BROWN, Mr. KERRY,
Ms. STABENOW, Ms. CANTWELL, and Mrs. CLINTON) introduced the following
bill; which was read twice and referred to the Committee on Finance
A BILL
To amend title II of the Social Security Act to phase out the
24-month waiting period for disabled individuals to become eligible
for Medicare benefits, to eliminate the waiting period for individuals
with life-threatening conditions, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Ending the Medicare Disability
Waiting Period Act of 2007'.
(b) Table of Contents- The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Phase-out of waiting period for medicare disability benefits.
Sec. 3. Elimination of waiting period for individuals with life-threatening
conditions.
Sec. 4. Institute of Medicine study and report on delay and prevention
of disability conditions.
SEC. 2. PHASE-OUT OF WAITING PERIOD FOR MEDICARE DISABILITY BENEFITS.
(a) In General- Section 226(b) of the Social Security Act (42 U.S.C.
426(b)) is amended--
(1) in paragraph (2)(A), by striking `, and has for 24 calendar months
been entitled to,' and inserting `, and for the waiting period (as
defined in subsection (k)) has been entitled to,';
(2) in paragraph (2)(B), by striking `, and has been for not less
than 24 months,' and inserting `, and has been for the waiting period
(as defined in subsection (k)),';
(3) in paragraph (2)(C)(ii), by striking `, including the requirement
that he has been entitled to the specified benefits for 24 months,'
and inserting `, including the requirement that the individual has
been entitled to the specified benefits for the waiting period (as
defined in subsection (k)),'; and
(4) in the flush matter following paragraph (2)(C)(ii)(II)--
(A) in the first sentence, by striking `for each month beginning
with the later of (I) July 1973 or (II) the twenty-fifth month of
his entitlement or status as a qualified railroad retirement beneficiary
described in paragraph (2), and' and inserting `for each month beginning
after the waiting period (as so defined) for which the individual
satisfies paragraph (2) and';
(B) in the second sentence, by striking `the `twenty-fifth month
of his entitlement' refers to the first month after the twenty-fourth
month of entitlement to specified benefits referred to in paragraph
(2)(C) and'; and
(C) in the third sentence, by striking `, but not in excess of 78
such months'.
(b) Schedule for Phase-Out of Waiting Period- Section 226 of the Social
Security Act (42 U.S.C. 426) is amended by adding at the end the following
new subsection:
`(k) For purposes of subsection (b) (and for purposes of section 1837(g)(1)
of this Act and section 7(d)(2)(ii) of the Railroad Retirement Act of
1974), the term `waiting period' means--
`(1) for 2008, 18 months;
`(2) for 2009, 16 months;
`(3) for 2010, 14 months;
`(4) for 2011, 12 months;
`(5) for 2012, 10 months;
`(9) for 2016, 2 months; and
`(10) for 2017 and each subsequent year, 0 months.'.
(c) Conforming Amendments-
(1) SUNSET- Effective January 1, 2017, subsection (f) of section 226
of the Social Security Act (42 U.S.C. 426) is repealed.
(2) MEDICARE DESCRIPTION- Section 1811(2) of such Act (42 U.S.C. 1395c(2))
is amended by striking `entitled for not less than 24 months' and
inserting `entitled for the waiting period (as defined in section
226(k))'.
(3) MEDICARE COVERAGE- Section 1837(g)(1) of such Act (42 U.S.C. 1395p(g)(1))
is amended by striking `of the later of (A) April 1973 or (B) the
third month before the 25th month of such entitlement' and inserting
`of the third month before the first month following the waiting period
(as defined in section 226(k)) applicable under section 226(b)'.
(4) RAILROAD RETIREMENT SYSTEM- Section 7(d)(2)(ii) of the Railroad
Retirement Act of 1974 (45 U.S.C. 231f(d)(2)(ii)) is amended--
(A) by striking `, for not less than 24 months' and inserting `,
for the waiting period (as defined in section 226(k) of the Social
Security Act); and
(B) by striking `could have been entitled for 24 calendar months,
and' and inserting `could have been entitled for the waiting period
(as defined is section 226(k) of the Social Security Act), and'.
(d) Effective Date- Except as provided in subsection (c)(1), the amendments
made by this section shall apply to insurance benefits under title XVIII
of the Social Security Act with respect to items and services furnished
in months beginning at least 90 days after the date of the enactment
of this Act (but in no case earlier than January 1, 2008).
SEC. 3. ELIMINATION OF WAITING PERIOD FOR INDIVIDUALS WITH LIFE-THREATENING
CONDITIONS.
(a) In General- Section 226(h) of the Social Security Act (42 U.S.C.
426(h)) is amended--
(1) by redesignating paragraphs (1), (2), and (3) as subparagraphs
(A), (B), and (C), respectively;
(2) in the matter preceding subparagraph (A) (as redesignated by paragraph
(1)), by inserting `(1)' after `(h)';
(3) in paragraph (1) (as designated by paragraph (2))--
(A) in the matter preceding subparagraph (A) (as redesignated by
paragraph (1)), by inserting `or any other life-threatening condition
identified by the Secretary' after `amyotrophic lateral sclerosis
(ALS)'; and
(B) in subparagraph (B) (as redesignated by paragraph (1)), by striking
`(rather than twenty-fifth month)'; and
(4) by adding at the end the following new paragraph:
`(2) For purposes of identifying life-threatening conditions under paragraph
(1), the Secretary shall compile a list of conditions that are fatal
without medical treatment. In compiling such list, the Secretary shall
consult with the Director of the National Institutes of Health (including
the Office of Rare Diseases), the Director of the Centers for Disease
Control and Prevention, the Director of the National Science Foundation,
and the Institute of Medicine of the National Academy of Sciences.'.
(b) Effective Date- The amendments made by this section shall apply
to insurance benefits under title XVIII of the Social Security Act with
respect to items and services furnished in months beginning at least
90 days after the date of the enactment of this Act (but in no case
earlier than January 1, 2008).
SEC. 4. INSTITUTE OF MEDICINE STUDY AND REPORT ON DELAY AND PREVENTION
OF DISABILITY CONDITIONS.
(a) Study- The Secretary of Health and Human Services (in this section
referred to as the `Secretary') shall request that the Institute of
Medicine of the National Academy of Sciences conduct a study on the
range of disability conditions that can be delayed or prevented if individuals
receive access to health care services and coverage before the condition
reaches disability levels.
(b) Report- Not later than the date that is 2 years after the date of
enactment of this Act, the Secretary shall submit to Congress a report
containing the results of the Institute of Medicine study authorized
under this section.
(c) Authorization of Appropriations- There is authorized to be appropriated
to carry out this section $750,000 for the period of fiscal years 2008
and 2009.
END
