Kenny Callahan Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to waive the waiting periods for Social Security disability and Medicare (SSA title XVIII) coverage of certain terminally ill individuals.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2881 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 2881
To amend titles II and XVIII of the Social Security Act to waive
certain waiting periods for Social Security disability and Medicare
benefits in the case of a terminally ill, disabled individual.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 15, 2009
Mr. Rogers of Alabama (for himself, Mr. Bachus, Mr. Aderholt, Mr.
Bonner, Mr. Griffith, Mr. Bright, Mr. Davis of Alabama, Mr. Gerlach,
Mrs. Christensen, Mr. Carney, Mr. Smith of New Jersey, and Mr.
Langevin) introduced the following bill; which was referred to the
Committee on Ways and Means, and in addition to the Committee on Energy
and Commerce, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend titles II and XVIII of the Social Security Act to waive
certain waiting periods for Social Security disability and Medicare
benefits in the case of a terminally ill, disabled individual.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kenny Callahan Act''.
SEC. 2. WAIVER OF SOCIAL SECURITY DISABILITY WAITING PERIOD FOR
BENEFITS BASED ON DISABILITY IN CASES OF TERMINALLY ILL
BENEFICIARIES.
(a) Disability Insurance Benefits.--Section 223(a) of the Social
Security Act (42 U.S.C. 423(a)) is amended--
(1) in paragraph (1), by inserting in the matter following
subparagraph (E) ``the individual meets the requirements of
paragraph (3) or'' after ``but only if''; and
(2) by adding at the end the following new paragraph:
``(3)(A) For purposes of paragraph (1), an individual meets the
requirements of this paragraph if--
``(i) the impairment underlying a finding that the
individual is under a disability results in his death prior to
the end of the applicable period (as defined in subparagraph
(B)), or
``(ii) in any case not described in clause (i)--
``(I) in the case in which the finding that the
individual is under a disability is made before the end
of the applicable period, the Commissioner determines
that, at the time such finding is made, the impairment
underlying such finding is expected to result in the
individual's death prior to the end of such period, or
``(II) in the case in which such finding is made
after the end of the applicable period, the
Commissioner determines that, at any time during such
period, such impairment was expected to result in the
individual's death prior to the end of such period.
``(B) For purposes of subparagraph (A), the term `applicable
period' means, in connection with any impairment by reason of which an
individual is under a disability, the period of six consecutive
calendar months commencing with the first calendar month commencing
while such individual is under such disability.''.
(b) Widow's Insurance Benefits Based on Disability.--Section 202(e)
of such Act (42 U.S.C. 402(e)) is amended--
(1) in paragraph (1)(F)(ii), by inserting ``she meets the
requirements of paragraph (5)(C) or'' after ``but only if'';
and
(2) in paragraph (5), by adding at the end the following
new subparagraph:
``(C)(i) For purposes of paragraph (1)(F)(ii), an individual meets
the requirements of this subparagraph if--
``(I) the impairment underlying a finding that she is under
a disability results in her death prior to the end of the
applicable period (as defined in clause (ii)), or
``(II) in any case not described in subclause (I)--
``(aa) in the case in which the finding that she is
under a disability is made before the end of the
applicable period, the Commissioner determines that, at
the time such finding is made, the impairment
underlying such finding is expected to result in her
death prior to the end of such period, or
``(bb) in the case in which such finding is made
after the end of the applicable period, the
Commissioner determines that, at any time during such
period, such impairment was expected to result in her
death prior to the end of such period.
``(ii) For purposes of clause (i), the term `applicable period'
means, in connection with any impairment by reason of which an
individual is under a disability, the period of six consecutive
calendar months commencing with the first calendar month commencing
while such individual is under such disability.''.
(c) Widower's Insurance Benefits Based on Disability.--Section
202(f) of such Act (42 U.S.C. 402(f)) is amended--
(1) in paragraph (1)(F)(ii), by inserting ``he meets the
requirements of paragraph (5)(C) or'' after ``but only if'';
and
(2) in paragraph (5), by adding at the end the following
new subparagraph:
``(C)(i) For purposes of paragraph (1)(F)(ii), an individual meets
the requirements of this subparagraph if--
``(I) the impairment underlying a finding that he is under
a disability results in his death prior to the end of the
applicable period (as defined in clause (ii)), or
``(II) in any case not described in subclause (I)--
``(aa) in the case in which the finding that he is
under a disability is made before the end of the
applicable period, the Commissioner determines that, at
the time such finding is made, the impairment
underlying such finding is expected to result in his
death prior to the end of such period, or
``(bb) in the case in which such finding is made
after the end of the applicable period, the
Commissioner determines that, at any time during such
period, such impairment was expected to result in his
death prior to the end of such period.
``(ii) For purposes of clause (i), the term `applicable period'
means, in connection with any impairment by reason of which an
individual is under a disability, the period of six consecutive
calendar months commencing with the first calendar month commencing
while such individual is under such disability.''.
(d) Commencement of Period of Disability.--Section 216(i)(2)(A) of
such Act (42 U.S.C. (i)(2)(A)) is amended--
(1) by inserting ``(i)'' after ``(2)(A)'';
(2) by inserting ``(I) the individual meets the
requirements of clause (ii), or (II)'' after ``but only if'';
and
(3) by adding at the end the following new clauses:
``(ii) For purposes of clause (i)(I), an individual meets the
requirements of this clause if--
``(I) the impairment underlying a finding that such
individual is under a disability (as defined in paragraph (1))
results in such individual's death prior to the end of the
applicable period (as defined in clause (iii)), or
``(II) in any case not described in subclause (I)--
``(aa) in the case in which the finding that the
individual is under a disability is made before the end
of the applicable period, the Commissioner determines
that, at the time such finding is made, the impairment
underlying such finding is expected to result in the
individual's death prior to the end of such period, or
``(bb) in the case in which such finding is made
after the end of the applicable period, the
Commissioner determines that, at any time during such
period, such impairment was expected to result in the
individual's death prior to the end of such period.
``(iii) For purposes of clause (ii), the term `applicable period'
means, in connection with any impairment by reason of which an
individual is under a disability, the period of six consecutive
calendar months commencing with the first calendar month commencing
while such individual is under such disability.''.
SEC. 3. WAIVER OF MEDICARE DISABILITY WAITING PERIOD FOR BENEFITS BASED
ON DISABILITY IN CASES OF TERMINALLY ILL BENEFICIARIES.
(a) In General.--Section 226 of the Social Security Act (42 U.S.C.
426) is amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i) the following new
subsection:
``(j)(1) With respect to an individual who meets the requirements
of paragraph (2) and who would be entitled to benefits under subsection
(b) but for the 24-month waiting period under subsection (b)(2), the
following special rules apply:
``(A) Subsection (b) shall be applied as if there were no
requirement for any entitlement to benefits, or status, for a
period longer than one month.
``(B) The entitlement under such subsection shall begin
with the first month (rather than twenty-fifth month) of
entitlement or status.
``(C) Subsection (f) shall not be applied.
``(2)(A) Subject to subparagraph (C), an individual meets the
requirements of this paragraph if--
``(i) the impairment underlying a finding under this title
that the individual is under a disability results in the
individual's death before the end of the applicable period (as
defined in subparagraph (B)); or
``(ii) in the case where such finding is made--
``(I) before the end of the applicable period, the
Commissioner determines that, at the time such finding
is made, such impairment is expected to result in the
individual's death before the end of such period; or
``(II) after the end of such period, the
Commissioner determines that, at any time during such
period, such impairment was expected to result in the
individual's death before the end of such period.
``(B) For purposes of subparagraph (A), the term `applicable
period' means, in connection with any impairment by reason of which an
individual is under a disability, the period of 12 consecutive calendar
months commencing with the first calendar month commencing while such
individual is under such disability.
``(C) An individual described in subparagraph (A) shall not
continue to be treated as meeting the requirements of this paragraph
after the end of the 12-month period described in subparagraph (B)
unless, before the end of such period, the individual requests an
extension of such treatment and the Commissioner determines that the
impairment involved is expected to result in the individual's death
before the end of the 12-consecutive-month period immediately following
the applicable period.''.
(b) Conforming Amendment.--Section 1837 of such Act (42 U.S.C.
1395p) is amended by adding at the end the following new subsection:
``(l) In applying this section in the case of an individual who is
entitled to benefits under part A pursuant to the operation of section
226(j), the following special rules apply:
``(1) The initial enrollment period under subsection (d)
shall begin on the first day of the first month in which the
individual satisfies the requirement of section 1836(1).
``(2) In applying subsection (g)(1), the initial enrollment
period shall begin on the first day of the first month of
entitlement to disability insurance benefits referred to in
such subsection.''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to
applications filed on or after January 1, 2010.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to House Ways and Means
Referred to House Energy and Commerce
Referred to the Subcommittee on Health.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line