COVID-19 Recovery for Seniors and People with Disabilities Act of 2020
This bill modifies Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI), Medicare, Medicaid, and other programs for older adults and individuals with disabilities, including by revising eligibility criteria and administrative procedures.
Among other changes, the bill permanently increases relevant income thresholds and asset limits that apply to SSDI, as well as temporarily suspends certain waiting periods that apply to SSDI, SSI, and Medicare coverage to address the COVID-19 (i.e., coronavirus disease 2019) emergency. The bill also establishes a special Medicare enrollment period and temporarily suspends asset tests used to determine eligibility for certain low-income subsidy programs under the Medicare prescription drug benefit. In addition, the bill delays the application of a reduced federal matching rate under Medicaid for certain personal care services that require an in-home visit.
Additionally, the Social Security Administration (SSA) shall not conduct most disability reviews, collect overpayments, suspend benefits, or undertake specified administrative actions during the COVID-19 emergency. The SSA and the Department of Education must also develop a process to automatically discharge the student loan debt of certain SSDI beneficiaries who have medically determined physical or mental impairments that are unlikely to improve.
In addition, state agencies may modify practices to achieve contactless delivery of food packages to supplement the diets of older, low-income individuals under the Commodity Supplemental Food Program.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6951 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 6951
To assist older Americans and people with disabilities affected by
COVID-19.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 19, 2020
Ms. Schakowsky (for herself, Ms. Matsui, Mr. Lamb, Ms. Roybal-Allard,
Mrs. Dingell, Ms. Pressley, and Mr. Deutch) introduced the following
bill; which was referred to the Committee on Ways and Means, and in
addition to the Committees on Energy and Commerce, Education and Labor,
and Agriculture, 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 assist older Americans and people with disabilities affected by
COVID-19.
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 ``COVID-19 Recovery
for Seniors and People with Disabilities Act of 2020''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--SOCIAL SECURITY
Sec. 101. Definitions.
Sec. 102. Pausing continuing disability reviews during the COVID-19
public health emergency.
Sec. 103. Pausing all collection of overpayments during the COVID-19
public health emergency.
Sec. 104. Pausing all suspension of benefits for failure to cooperate
during the COVID-19 public health
emergency.
Sec. 105. Update in eligibility thresholds for supplemental security
income; elimination of marriage penalty.
Sec. 106. Elimination of Social Security disability and Medicare
waiting periods.
Sec. 107. Support and maintenance furnished in kind not included as
income for purposes of SSI.
Sec. 108. Suspension of certain regulations.
Sec. 109. Discharge of student loans.
Sec. 110. Elimination of separate account requirement for past-due
supplemental security income benefits paid
to child beneficiaries.
Sec. 111. Increasing the substantial gainful activity limit.
Sec. 112. State grants to protect the legal rights of SSI and SSDI
applicants and beneficiaries.
Sec. 113. Social security assistance and representation grants.
TITLE II--MEDICARE
Sec. 201. Fairness in Medicare enrollment and coverage periods.
Sec. 202. Permitting an attestation of employment-based health
insurance coverage during the COVID-19
public health emergency.
Sec. 203. Suspension of the Medicare part D low-income subsidy asset
test.
TITLE III--MEDICAID
Sec. 301. Suspension of asset test for medical assistance for Medicare
cost sharing during COVID-19 emergency
period.
Sec. 302. Temporary increase of Medicaid FMAP for Medicare cost-
sharing.
Sec. 303. Delay in reduction of FMAP for Medicaid personal care
services furnished without an electronic
visit verification system.
TITLE IV--AGRICULTURE
Sec. 401. Commodity supplemental food program.
TITLE I--SOCIAL SECURITY
SEC. 101. DEFINITIONS.
In this title:
(1) Commissioner.--The term ``Commissioner'' means the
Commissioner of Social Security.
(2) COVID-19 emergency period.--The term ``COVID-19
emergency period'' means the period of months--
(A) beginning with the first month that begins on
or after the date of enactment of this Act; and
(B) ending with the sixth month that begins on or
after the last day of the public health emergency
described in section 1135(g)(1)(B) of such Act (42
U.S.C. 1320b-5(g)(1)(B)).
SEC. 102. PAUSING CONTINUING DISABILITY REVIEWS DURING THE COVID-19
PUBLIC HEALTH EMERGENCY.
(a) In General.--Notwithstanding any other provision of law and
except as provided in subsection (b), the Commissioner shall not
conduct any continuing disability review (as such term is defined in
section 201(g)(1)(A) of the Social Security Act (42 U.S.C.
401(g)(1)(A))) during the COVID-19 emergency period.
(b) Exception for CDR Appeals.--Subsection (a) shall not apply to a
continuing disability review that--
(1) is in progress on the date of enactment of this Act;
and
(2) is being conducted pursuant to an appeal by an
individual of a adverse decision of the Commissioner with
respect to the individual's eligibility for benefits under
title II or XVI of the Social Security Act (42 U.S.C. 401 et
seq., 1381 et seq.), or the amount of such benefits for which
the individual is eligible.
SEC. 103. PAUSING ALL COLLECTION OF OVERPAYMENTS DURING THE COVID-19
PUBLIC HEALTH EMERGENCY.
(a) In General.--Notwithstanding any other provision of law and
except as provided in subsection (b), during the COVID-19 emergency
period, the Commissioner shall not make any downward adjustment to a
benefit amount payable to an individual under title II or XVI of the
Social Security Act (42 U.S.C. 401 et seq., 1381 et seq.), or take any
other action, for the purpose of collecting an overpayment made to such
individual.
(b) Exception for Fraud.--Subsection (a) shall not apply to any
downward adjustment or any other action with respect to a benefit
amount payable to an individual under title II or XVI of the Social
Security Act (42 U.S.C. 401 et seq., 1381 et seq.) if such adjustment
is made, or such action taken, on the basis that the individual is
involved in fraud or similar fault.
SEC. 104. PAUSING ALL SUSPENSION OF BENEFITS FOR FAILURE TO COOPERATE
DURING THE COVID-19 PUBLIC HEALTH EMERGENCY.
Notwithstanding any other provision of law, during the COVID-19
emergency period, the Commissioner shall not suspend, modify, or
terminate an individual's entitlement to, or eligibility for, benefits
under title II or XVI of the Social Security Act (42 U.S.C. 401 et
seq., 1381 et seq.) on the basis that the individual has failed to
cooperate with a request of the Commissioner.
SEC. 105. UPDATE IN ELIGIBILITY THRESHOLDS FOR SUPPLEMENTAL SECURITY
INCOME; ELIMINATION OF MARRIAGE PENALTY.
(a) Update in General Income Exclusion.--Section 1612(b)(2)(A) of
the Social Security Act (42 U.S.C. 1382a(b)(2)(A)) is amended by
striking ``$240'' and inserting ``$1,476 (increased as described in
section 1617(d) for each calendar year after 2020)''.
(b) Update in Earned Income Exclusion.--Section 1612(b)(4) of such
Act (42 U.S.C. 1382a(b)(4)) is amended by striking ``$780'' each place
it appears and inserting ``$4,788 (increased as described in section
1617(d) for each calendar year after 2020)''.
(c) Update in Resource Limit for Individuals and Couples.--Section
1611(a)(3) of such Act (42 U.S.C. 1382(a)(3)) is amended--
(1) in subparagraph (A), by striking ``$2,250'' and all
that follows through the end of the subparagraph and inserting
``$20,000 in calendar year 2020, and shall be increased as
described in section 1617(d) for each subsequent calendar
year.''; and
(2) in subparagraph (B), by striking ``$1,500'' and all
that follows through the end of the subparagraph and inserting
``$10,000 in calendar year 2020, and shall be increased as
described in section 1617(d) for each subsequent calendar
year.''.
(d) Inflation Adjustment.--Section 1617 of such Act (42 U.S.C.
1382f) is amended--
(1) in the section heading, by inserting ``; inflation
adjustment'' after ``benefits''; and
(2) by adding at the end the following:
``(d)(1) In the case of any calendar year after 2020, each of the
amounts specified in sections 1611(a)(3), 1612(b)(2)(A), and 1612(b)(4)
shall be increased by multiplying each such amount by the quotient
obtained by dividing--
``(A) the average of the Consumer Price Index for
Elderly Consumers (CPI-E, as published by the Bureau of
Labor Statistics of the Department of Labor) for the
12-month period ending with September of the preceding
calendar year, by
``(B) such average for the 12-month period ending
with September 2019.
``(2) In no case shall the application of paragraph (1)
result in a reduction to the amounts specified in such
paragraph.''.
(e) Repeal of Marriage Penalty.--
(1) In general.--Section 1611(b)(2) of the Social Security
Act (42 U.S.C. 1382f(b)(2)) is amended by striking ``payable at
the rate of'' and all that follows through the end of the
paragraph and inserting ``payable--
``(A) for calendar years 1974 through 2019, at the rate of
$2,628 (or, if greater, the amount determined under section
1617); and
``(B) for calendar year 2020 and any calendar year
thereafter, at twice the rate applicable for such calendar year
under paragraph (1) for an individual who does not have an
eligible spouse,
reduced by the amount of income, not excluded pursuant to section
1612(b), of such individual and spouse.''.
(2) Conforming amendment.--Section 1617(a)(1) of the Social
Security Act (42 U.S.C. 1382(a)(1)) is amended by striking
``subsections (a)(1)(A), (a)(2)(A), (b)(1), and (b)(2)'' and
inserting ``subsections (a)(1)(A), (a)(2)(A), and (b)(1)''.
(f) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act, and shall apply to
eligibility determinations made, and benefit amounts payable, under
title XVI of the Social Security Act (42 U.S.C. 1381 et seq.) on or
after such date.
SEC. 106. ELIMINATION OF SOCIAL SECURITY DISABILITY AND MEDICARE
WAITING PERIODS.
(a) Temporary Elimination of Waiting Periods for Social Security
Disability Benefits and Railroad Retirement Act Disability Benefits.--
During the period that begins on the date of enactment of this Act and
ends on the last day of the sixth month that begins on or after the
last day of the public health emergency described in section
1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B))--
(1) section 202(e)(5) of the Social Security Act (42 U.S.C.
402(e)(5)) shall be applied by striking subparagraphs (A) and
(B) and inserting the following: ``The waiting period referred
to in paragraph (1)(F), in the case of any widow or surviving
divorced wife, is zero months.'';
(2) section 202(f)(5) of the Social Security Act (42 U.S.C.
402(f)(5)) shall be applied by striking subparagraphs (A) and
(B) and inserting the following: ``The waiting period referred
to in paragraph (1)(F), in the case of any widower or surviving
divorced husband, is zero months.'';
(3) section 223(c)(2) of the Social Security Act (42 U.S.C.
423(c)(2)) shall be applied by substituting ``zero months.''
for ``the earliest period of five consecutive calendar months''
and all that follows through the period; and
(4) section 5(a)(ii) of the Railroad Retirement Act of 1974
(45 U.S.C. 231c(a)(ii)) shall be applied by striking ``the of
(A)'' and all that follows through ``(B)''.
(b) Temporary Elimination of Medicare Waiting Period.--For purposes
of applying section 226 of the Social Security Act (42 U.S.C. 426) to
any individual during the period described in subsection (a), the
following special rules apply:
(1) Subsection (b) of such section shall be applied as if
there were no requirement for any entitlement to benefits, or
status, for a period longer than 1 month.
(2) The entitlement under such subsection shall begin with
the first month (rather than twenty-fifth month) of entitlement
or status.
(3) Subsection (f) of such section shall not be applied.
(c) Rules of Application.--
(1) Scope of application.--The provisions of the Social
Security Act and the Railroad Retirement Act of 1974 specified
in subsections (a) and (b) shall be applied in the manner
described in such subsections with respect to any individual--
(A) for whom a waiting period under such provision
began before the date of enactment of this Act; and
(B) for whom a waiting period under such a
provision begins on or after such date of enactment.
(2) Effect of application.--An individual with respect to
whom a waiting period under a provision specified in subsection
(a) or (b) does not apply as a result of the application of
such subsection shall, for purposes of applying such provision
to such individual after the end of the period described in
subsection (a), be deemed to have met the waiting period
requirement under such provision.
SEC. 107. SUPPORT AND MAINTENANCE FURNISHED IN KIND NOT INCLUDED AS
INCOME FOR PURPOSES OF SSI.
(a) In General.--Section 1612(a)(2) of such Act (42 U.S.C.
1382a(a)(2)) is amended--
(1) by inserting ``(other than support or maintenance
furnished in kind)'' after ``all other income''; and
(2) in subparagraph (A)--
(A) by striking ``or kind'';
(B) by striking clause (i) and redesignating
clauses (ii) and (iii) as clauses (i) and (ii),
respectively; and
(C) in clause (ii) (as so redesignated), by
striking ``and the provisions of clause (i) shall not
be applicable''.
(b) Conforming Amendments.--
(1) Section 1611(c) of such Act (42 U.S.C. 1382(c)) is
amended by striking paragraph (6) and redesignating paragraphs
(7) through (10) as paragraphs (6) through (9), respectively.
(2) Section 1612(a)(2) of such Act (42 U.S.C. 1382a(a)(2))
is amended--
(A) in subparagraph (F), by inserting ``and'' at
the end;
(B) in subparagraph (G), by striking ``; and'' and
inserting a period;
(C) by moving subparagraph (G) 2 ems to the right;
and
(D) by striking subparagraph (H).
(3) Section 1621(c) of such Act (42 U.S.C. 1382j(c)) is
amended to read as follows:
``(c) In determining the amount of income of an alien during the
period of 5 years after such alien's entry into the United States,
support or maintenance furnished in cash to the alien by such alien's
sponsor (to the extent that it reflects income or resources which were
taken into account in determining the amount of income and resources to
be deemed to the alien under subsection (a) or (b) of this section)
shall not be considered to be income of such alien under section
1612(a)(2)(A).''.
SEC. 108. SUSPENSION OF CERTAIN REGULATIONS.
During the COVID-19 emergency period, the Commissioner shall not
promulgate or revise (and shall suspend any activities related to the
promulgation or revision of) any regulation relating to--
(1) the frequency of continuing disability reviews under
title II or XVI of the Social Security Act (42 U.S.C. 401 et
seq., 1381 et seq.);
(2) the authority of administrative appeals judges of the
Social Security Administration; or
(3) the medical-vocational guidelines for determining
whether an individual is disabled for purposes of title II or
XVI of the Social Security Act.
SEC. 109. DISCHARGE OF STUDENT LOANS.
(a) FFEL Loans and Federal Direct Loans.--Section 437(a) of the
Higher Education Act of 1965 (20 U.S.C. 1087(a)) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) MINE disability determinations.--
``(A) In general.--A student borrower whom the
Commissioner of Social Security has classified as
`medical improvement not expected' for purposes of
entitlement to benefits under title II of the Social
Security Act (42 U.S.C. 401 et seq.) on the basis of a
disability--
``(i) shall be considered permanently and
totally disabled for the purpose of discharging
such borrower's loans under this subsection;
and
``(ii) shall not be required to present
additional documentation for purposes of this
subsection.
``(B) Procedures.--The Secretary and the
Commissioner of Social Security shall jointly develop
procedures through which the Commissioner shall, on not
less than a quarterly basis, provide the Secretary with
such information regarding individuals who are
classified as `medical improvement not expected' for
purposes of entitlement to benefits under title II of
the Social Security Act on the basis of a disability as
the Secretary shall require for purposes of carrying
out this paragraph.
``(C) Opt-out process.--After receiving information
regarding a borrower from the Commissioner under
subparagraph (B), the Secretary shall--
``(i) identify whether the individual has
any loans under this title; and
``(ii) if the individual is a student
borrower of a loan described in subparagraph
(A) or (B) of section 428(a)(1), or a loan
under part D, notify the borrower, in writing,
that--
``(I) the borrower qualifies for
discharge under this section based on
the determination of the Commissioner;
``(II) unless the borrower requests
otherwise within 30 days after
receiving the notification under
subclause (I), the Secretary shall
discharge the borrower's liability on
the loan in accordance with the
requirements of this section; and
``(III) there may be tax
implications to the borrower for a
discharge under this paragraph; and
``(iii) if the borrower does not opt out of
the discharge under this paragraph by the date
specified in the notice, discharge the
borrower's liability on the loan, in accordance
with the requirements of this section.
``(D) Grace period.--Any borrower who receives a
discharge under this paragraph may, during the 1-year
period immediately following the discharge, request
that the Secretary restore the loan and reverse the
discharge without suffering any penalty.''.
(b) Perkins Loans.--Section 464(c) of the Higher Education Act of
1965 (20 U.S.C. 1087dd(c)) is amended by adding at the end the
following:
``(8)(A) A student borrower whom the Commissioner of Social
Security has classified as `medical improvement not expected' for
purposes of entitlement to benefits under title II of the Social
Security Act (42 U.S.C. 401 et seq.) on the basis of a disability--
``(i) shall be considered permanently and totally disabled
for the purpose of cancelling such borrower's loans under
paragraph (1)(F); and
``(ii) shall not be required to present additional
documentation for purposes of paragraph (1)(F).
``(B) The Secretary and the Commissioner of Social Security shall
jointly develop procedures through which the Commissioner shall, on not
less than a quarterly basis, provide the Secretary with such
information regarding individuals who are classified as `medical
improvement not expected' for purposes of entitlement to benefits under
title II of the Social Security Act on the basis of a disability as the
Secretary shall require for purposes of carrying out this paragraph.
``(C) After receiving information regarding a borrower from the
Commissioner under subparagraph (B), the Secretary shall--
``(i) identify whether the individual has any loans under
this part; and
``(ii) if the individual is a student borrower of a loan
under this part, notify the borrower, in writing, that--
``(I) the borrower qualifies for cancellation under
this subsection based on the determination of the
Commissioner; and
``(II) unless the borrower requests otherwise
within 30 days after receiving the notification under
subclause (I), the Secretary shall cancel the
borrower's liability on the loan in accordance with the
requirements of this subsection;
``(III) there may be tax implications to the
borrower for a loan cancellation under this paragraph;
and
``(iii) if the borrower does not opt out of the
cancellation under this paragraph by the date specified in the
notice, cancel the borrower's liability on the loan, in
accordance with the requirements of this subsection.
``(D) Any borrower who receives a cancellation under this paragraph
may, during the 1-year period immediately following the cancellation,
request that the Secretary restore the loan and reverse the
cancellation without suffering any penalty.''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect on the date that is 120 days after the date of
enactment of this Act.
SEC. 110. ELIMINATION OF SEPARATE ACCOUNT REQUIREMENT FOR PAST-DUE
SUPPLEMENTAL SECURITY INCOME BENEFITS PAID TO CHILD
BENEFICIARIES.
(a) In General.--Section 1631(a)(2)(F) of the Social Security Act
(42 U.S.C. 1383(a)(2)(F)) is amended--
(1) in clause (i)(I), by striking ``Each representative
payee'' and inserting ``Subject to clause (v), each
representative payee''; and
(2) by adding at the end the following clause:
``(v) Beginning on the date of enactment of
this clause, the requirements of clause (i)
shall cease to be effective, and any amounts
maintained in an account established on behalf
of an individual under clause (i) shall be
subject to the same requirements, and may be
used in the same manner, as monthly benefits
payable to such an individual under this
title.''.
(b) Rule of Construction.--Amounts transferred into the account of
an individual pursuant to subsection (a) shall not be taken into
account as income or resources of such individual for purposes of
determining the eligibility of such individual or any other individual
for benefits or assistance, or the amount or extent of such benefits or
assistance, under title XVI of the Social Security Act (42 U.S.C. 1381
et seq.), under any other Federal program, or under any State or local
program financed in whole or in part with Federal funds.
SEC. 111. INCREASING THE SUBSTANTIAL GAINFUL ACTIVITY LIMIT.
Section 223(d)(4) of the Social Security Act (42 U.S.C. 423(d)(4))
is amended--
(1) in subparagraph (A), by striking the second sentence;
and
(2) by adding at the end the following new subparagraphs:
``(D)(i) Earnings derived from services shall demonstrate
an individual's ability to engage in substantial gainful
activity when the amount of such earnings exceeds, on a monthly
basis--
``(I) for calendar year 2020, $2,400; and
``(II) for any calendar year after 2020,
subject to clause (ii), an amount equal to the
amount that applied under this subparagraph for
the preceding calendar year multiplied by the
quotient obtained by dividing--
``(aa) the national average wage
index (as defined in section 209(k)(1))
for the 12-month period ending with
September of such preceding calendar
year; by
``(bb) the national average wage
index (as so defined) for the 12-month
period ending with September 2019.
``(ii) In no case shall the amount determined for a
calendar year under subclause (II) of clause (i) be
less than the amount that applied under this
subparagraph for the preceding calendar year.''.
SEC. 112. STATE GRANTS TO PROTECT THE LEGAL RIGHTS OF SSI AND SSDI
APPLICANTS AND BENEFICIARIES.
Title XI of the Social Security Act (42 U.S.C. 1301 et seq.) is
amended by inserting after section 1150B the following new section:
``SEC. 1150C. STATE GRANTS TO PROTECT THE LEGAL RIGHTS OF SUPPLEMENTAL
SECURITY AND DISABILITY INSURANCE APPLICANTS AND
BENEFICIARIES.
``(a) In General.--The Commissioner may make payments in each State
to the protection and advocacy system established pursuant to part C of
title I of the Developmental Disabilities Assistance and Bill of Rights
Act for the purpose of protecting the legal rights of beneficiaries
with a disability.
``(b) Services Provided.--Services provided to beneficiaries with a
disability pursuant to a payment made under this section may include--
``(1) information and advice about accessing and applying
for benefits under title II or title XVI on the basis of a
disability and appealing eligibility decisions with respect to
such benefits;
``(2) advocacy and other services that a beneficiary with a
disability may need related to such benefits; and
``(3) services described in section 1150(b).
``(c) Application.--In order to receive payments under this
section, a protection and advocacy system shall submit an application
to the Commissioner, at such time, in such form and manner, and
accompanied by such information and assurances as the Commissioner may
require.
``(d) Amount of Payments.--
``(1) In general.--Subject to the amount appropriated for a
fiscal year for making payments under this section, a
protection and advocacy system shall not be paid an amount that
is less than--
``(A) in the case of a protection and advocacy
system located in one of the 50 States, the District of
Columbia, or Puerto Rico, $200,000; and
``(B) in the case of a protection and advocacy
system located in Guam, American Samoa, the United
States Virgin Islands, or the Commonwealth of the
Northern Mariana Islands, $100,000.
``(2) Inflation adjustment.--For each fiscal year in which
the total amount appropriated to carry out this section exceeds
the total amount appropriated to carry out this section in the
preceding fiscal year, the Commissioner shall increase each
minimum payment under subparagraphs (A) and (B) of paragraph
(1) by a percentage equal to the percentage increase in the
total amount so appropriated to carry out this section.
``(e) Annual Report.--Each protection and advocacy system that
receives a payment under this section shall submit an annual report to
the Commissioner on the services provided to individuals by the system.
``(f) Funding.--
``(1) Allocation of payments.--Payments under this section
shall be made from amounts made available for the
administration of title II and amounts made available for the
administration of title XVI, and shall be allocated among those
amounts as appropriate.
``(2) Carryover.--Any amounts allotted for payment to a
protection and advocacy system under this section for a fiscal
year shall remain available for payment to or on behalf of the
protection and advocacy system until the end of the succeeding
fiscal year.
``(g) Definitions.--In this section:
``(1) Beneficiary with a disability.--The term `beneficiary
with a disability' means an individual who--
``(A) is a title II disability beneficiary or a
title XVI disability beneficiary (as such terms are
defined under section 1148(k)); or
``(B) is an applicant or prospective applicant for
benefits under title II or title XVI on the basis that
such individual has a disability.
``(2) Commissioner.--The term `Commissioner' means the
Commissioner of Social Security.
``(3) Protection and advocacy system.--The term `protection
and advocacy system' means a protection and advocacy system
established pursuant to part C of title I of the Developmental
Disabilities Assistance and Bill of Rights Act.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $25,000,000 for each of fiscal
years 2021 through 2025.''.
SEC. 113. SOCIAL SECURITY ASSISTANCE AND REPRESENTATION GRANTS.
(a) In General.--For each fiscal year during the 5-year period
beginning with fiscal year 2020, the Commissioner shall award not less
than 10 grants under this section to community-based organizations for
the purpose of assisting beneficiaries with disabilities--
(1) during the process of applying for benefits under title
II or XVI of the Social Security Act (42 U.S.C. 401 et seq.,
1381 et seq.) on the basis of a disability;
(2) any appeals processes before the Commissioner, an
administrative judge of the Social Security Administration, or
a State Disability Determination Services office; and
(3) in accessing such benefits.
(b) Grant Requirements.--
(1) Duration and amount of grants.--A grant awarded to a
community-based organization under this section--
(A) shall be for an amount that is not less than
$500,000; and
(B) shall be for a period of 5 years.
(2) Use of funds.--Grant funds shall only be used for a
purpose described in subsection (a).
(c) Application.--
(1) In general.--To receive a grant under this section, a
community-based organization shall submit an application to the
Commissioner, at such time and in such form and manner and
accompanied by such information and assurances as the
Commissioner may require.
(2) Required information.--An application for a grant under
this section shall include the following information:
(A) The region to be served by the applicant.
(B) A description of the needs of beneficiaries
with a disability in such region.
(C) A description of services to be provided under
such grant.
(D) The personnel that would provide such services.
(E) The applicant's plan for disseminating
awareness of the services provided under the grant to
beneficiaries with a disability in the region.
(3) Memorandum of understanding.--An application for a
grant under this section shall include a memorandum of
understanding among any collaborating entities as to roles and
allocation of grant funds for each collaborating agency.
(4) Assurance of availability.--An application for a grant
under this section shall include a commitment by the applicant
that all services provided under the grant, including
information about such services, shall be accessible to
beneficiaries with a disability.
(d) Definitions.--
(1) Beneficiary with a disability.--The term ``beneficiary
with a disability'' has the meaning given such term in section
1150C of the Social Security Act (as added by section 112).
(2) Commissioner.--The term ``Commissioner'' means the
Commissioner of Social Security.
(3) Community-based organization.--The term ``community-
based organization'' means a non-profit agency or collaboration
of non-profit agencies that--
(A) serves a region of one or more States;
(B) includes--
(i) a legal team of lawyers licensed to
practice in the State or States served by the
organization;
(ii) experts in disability benefits
provided under title II and XVI of the Social
Security Act (42 U.S.C. 401 et seq., 1381 et
seq.), including application, and appeals
procedures under such titles; and
(iii) individuals currently receiving
benefits on the basis of a disability under
such a title, or who were beneficiaries under
such a title on the basis of a disability
within the past 5 years; and
(C) is overseen by a board or advisory group
composed of at least \1/3\ members who are current or
former beneficiaries on the basis of a disability under
title II or XVI of the Social Security Act.
(4) State.--The term ``State'' means the 50 states, the
District of Columbia, Puerto Rico, the Virgin Islands, Guam,
American Samoa, and the Commonwealth of Northern Mariana
Islands.
(e) Appropriation.--There is appropriated to the Commissioner, for
each of fiscal years 2020 through 2024, $15,000,000 for the purpose of
carrying out this section.
(f) Reports.--
(1) In general.--Each community-based organization that
receives a grant under this sections shall provide the
Commissioner with--
(A) for each year of the grant period, an annual
report on the services provided; and
(B) at the conclusion of the grant period, a final
report of activities provided under the grant.
(2) Evaluation grant.--From the administrative funds of
title II and title XVI, there shall be awarded an evaluation
grant to an independent entity to evaluate the impact of the
grants under this section. The amount to be awarded to the
evaluation entity shall be at least $500,000 for each of the 5
years of the grant period and at least $500,000 for the 2 years
following the grant period.
TITLE II--MEDICARE
SEC. 201. FAIRNESS IN MEDICARE ENROLLMENT AND COVERAGE PERIODS.
(a) Elimination of Medicare Coverage Gaps for New Enrollees.--In
the case of an individual who enrolled under part A of title XVIII of
the Social Security Act during the general enrollment period under
section 1818 of such Act (42 U.S.C. 1395i-2) or enrolled under part B
of such title during the general enrollment period under section
1837(e) of such Act (42 U.S.C. 1395p(e)), the following shall apply:
(1) Coverage period.--Notwithstanding subsection (c) of
such section 1818 and subsection (a)(2)(E) of section 1838 of
such Act (42 U.S.C. 1395q), such individual's coverage period
under such sections 1818 and 1838 shall begin on April 1, 2020,
rather than on July 1, 2020.
(2) Installment plan for retroactive premium payments.--
Notwithstanding subsection (d) of such section 1818 and section
1839 of such Act (42 U.S.C. 1395r), if the individual is
required to make any back payments of the monthly premium under
such subsection (d) or such section 1839 by reason of the
retroactive coverage period under paragraph (1), the Secretary
of Health and Human Services shall permit the individual, if
requested by the individual, to pay such back payments in
installments, as determined by the Secretary.
(b) Special Part B Open Enrollment Period Relating to the COVID-19
Public Health Emergency.--
(1) Enrollment.--Section 1837 of the Social Security Act
(42 U.S.C. 1395p) is amended by adding at the end the following
new subsection:
``(m) Special Open Enrollment Period Relating to the COVID-19
Public Health Emergency.--In the case of any individual who is eligible
to enroll but who has elected not to enroll (or to be deemed enrolled)
under this part, there shall be a special enrollment period during the
emergency period described in section 1135(g)(1)(B).''.
(2) Coverage period.--Section 1838 of the Social Security
Act (42 U.S.C. 1395q) is amended by adding at the end the
following new subsection:
``(g) Notwithstanding subsection (a), in the case of an individual
who enrolls during a special enrollment period pursuant to section
1837(m), the coverage period under this part shall begin on the date
the individual applied for such enrollment (but in no case earlier than
January 31, 2020).''.
(3) Conforming amendment.--Section 1839(b) of the Social
Security Act (42 U.S.C. 1395r(b)) is amended, in the first
sentence, by striking ``or (l)'' and inserting ``(l), or (m)''.
SEC. 202. PERMITTING AN ATTESTATION OF EMPLOYMENT-BASED HEALTH
INSURANCE COVERAGE DURING THE COVID-19 PUBLIC HEALTH
EMERGENCY.
Subsection (b) of section 1839 of the Social Security Act (42
U.S.C. 1395r) is amended by inserting the following after the second
sentence: ``With respect to enrollments under this part during the
emergency period described in section 1135(g)(1)(B), for purposes of
demonstrating enrollment in a group health plan or a large group health
plan for a period of time under the preceding sentence, the Secretary
shall accept an attestation from an individual regarding the
individual's coverage during such period in lieu of the individual
providing otherwise required documentation.''.
SEC. 203. SUSPENSION OF THE MEDICARE PART D LOW-INCOME SUBSIDY ASSET
TEST.
Section 1860D-14(a)(3) of the Social Security Act (42 U.S.C. 1395w-
114(a)(3)) is amended--
(1) in subparagraph (A)(iii), by striking ``meets'' and
inserting ``subject to subparagraph (H), meets''; and
(2) by adding at the end the following new subparagraph:
``(H) Suspension of the asset test.--During the
period beginning on the date of enactment of this
subparagraph and ending on December 31 of the year
following the year that includes the date of the end of
the emergency period described in section
1135(g)(1)(B), subparagraph (A) shall be applied
without regard to clause (iii) of such subparagraph.''.
TITLE III--MEDICAID
SEC. 301. SUSPENSION OF ASSET TEST FOR MEDICAL ASSISTANCE FOR MEDICARE
COST SHARING DURING COVID-19 EMERGENCY PERIOD.
(a) In General.--During the period described in subsection (b), for
purposes of determining eligibility for medical assistance for Medicare
cost sharing under section 1902(a)(10)(E) of the Social Security Act
(42 U.S.C. 1396a(a)(10)(E))--
(1) subsection (p)(1) of section 1905 of the Social
Security Act (42 U.S.C. 1396d) shall be applied by disregarding
subparagraph (C) of such subsection; and
(2) subsection (s) of such section shall be applied by
disregarding paragraph (3) of such subsection.
(b) COVID-19 Emergency Period.--The period described in this
subsection is the period--
(1) beginning on the date of enactment of this Act; and
(2) ending with the last day of the twelfth month that
begins on or after the last day of the public health emergency
described in section 1135(g)(1)(B) of such Act (42 U.S.C.
1320b-5(g)(1)(B)).
SEC. 302. TEMPORARY INCREASE OF MEDICAID FMAP FOR MEDICARE COST-
SHARING.
(a) In General.--Notwithstanding any other provision of law, for
each calendar quarter occurring during the period described in section
301(b), the Federal medical assistance percentage applicable under
section 1903(a) of the Social Security Act (42 U.S.C. 1396b(a)) for
each State, including the District of Columbia, American Samoa, Guam,
the Northern Mariana Islands, Puerto Rico, and the Virgin Islands, with
respect to amounts expended by such State on medical assistance for
Medicare cost-sharing (as defined in section 1905(p)(3) of such Act (42
U.S.C. 1396d(p)(3))) provided during such period, shall be equal to 100
percent.
(b) Exclusion of Enhanced Payments From Territorial Payment
Limits.--To the extent that a Federal payment for Medicare cost-sharing
that is made to American Samoa, Guam, the Northern Mariana Islands,
Puerto Rico, and the Virgin Islands is increased pursuant to subsection
(a)--
(1) the limitations on payments to territories under
subsections (f) and (g) of section 1108 of the Social Security
Act (42 U.S.C. 1308) shall not apply to the amount of such
increase; and
(2) the amount of such increase shall be disregarded in
applying such subsections.
SEC. 303. DELAY IN REDUCTION OF FMAP FOR MEDICAID PERSONAL CARE
SERVICES FURNISHED WITHOUT AN ELECTRONIC VISIT
VERIFICATION SYSTEM.
Section 1903(l)(1) of the Social Security Act (42 U.S.C.
1396b(l)(1)) is amended--
(1) by striking ``January 1, 2020'' and inserting ``the
date that is 6 months after the end of the emergency period
described in section 1135(g)(1)(B)''; and
(2) in subparagraph (A), by inserting ``(if applicable)''
after ``percentage points'' each place it appears.
TITLE IV--AGRICULTURE
SEC. 401. COMMODITY SUPPLEMENTAL FOOD PROGRAM.
(a) Definitions.--In this section:
(1) Covered period.--The term ``covered period'' means the
period beginning on the date of enactment of this Act and
ending on the date on which the public health emergency
declared by the Secretary of Health and Human Services under
section 319 of the Public Health Service Act (42 U.S.C. 247d)
on January 31, 2020, with respect to COVID-19, is terminated.
(2) Program.--The term ``program'' means the commodity
supplemental food program established under section 4 of the
Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c
note; Public Law 93-86).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Temporary Modifications to Program.--
(1) Delivery flexibility.--Notwithstanding any other
provision of law, during the covered period, the Secretary
shall permit each State and State agency to modify practices
under the program to achieve contactless delivery of
commodities, including by waiving the requirement for signature
from program participants at the time of delivery.
(2) Monthly distribution.--
(A) In general.--Notwithstanding any other
provision of law, during the covered period, the
Secretary may use appropriated funds under the program
to increase by not more than 200 percent the maximum
monthly quantity of commodities distributed to each
program participant.
(B) Supplement not supplant.--The increased
commodities described in subparagraph (A) shall
supplement and not supplant the regular distribution of
commodities under the program.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Ways and Means, and in addition to the Committees on Energy and Commerce, Education and Labor, and Agriculture, 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 the Committee on Ways and Means, and in addition to the Committees on Energy and Commerce, Education and Labor, and Agriculture, 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 the Committee on Ways and Means, and in addition to the Committees on Energy and Commerce, Education and Labor, and Agriculture, 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 the Committee on Ways and Means, and in addition to the Committees on Energy and Commerce, Education and Labor, and Agriculture, 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 the Subcommittee on Nutrition, Oversight, and Department Operations.
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