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To amend titles II and XIX of the Social Security Act remove the age limit on the Medicaid buy-program, to remove work restrictions on disabled adult children who have reached retirement age, and for other purposes.

H.R. 7101 · 115th Congress · Oct 26, 2018 · Lineage

A BILL

Section 1 Removing the age limit on the Medicaid buy-in program

Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) is amended—
(1)
in section 1902(a)(10)(A)(ii)(XV), by striking “, but less than 65,”; and
(2)
in section 1905(v)(1)(A), by striking “, but less than 65,”.

Sec. 2 Removing work restrictions on disabled adult children after retirement age

Section 223(e) of the Social Security Act (42 U.S.C. 423(e)) is amended—
(1)
in paragraph (1), by striking “No benefit” and inserting “Subject to paragraph (3), no benefit”; and
(2)
by adding at the end the following new paragraph:

“(3) Paragraph (1) shall not apply in the case of a child’s insurance benefit under section 202(d)(1)(B)(ii) that is payable to an individual who has attained retirement age (as defined in section 216(l)).”

Sec. 3 Reentitlement to DAC benefit for certain former disabled adult children

Section 202(d) of the Social Security Act (42 U.S.C. 402(d)) is amended by adding at the end the following new paragraph:

“(11)

“(A) A child whose entitlement to child’s insurance benefits on the basis of paragraph (1)(B)(ii) terminated with the termination month (as defined for purposes of paragraph (1)(G)) may again become entitled to such benefits (provided no event specified in paragraph (1)(D) has occurred) beginning with the first month thereafter in which the child attains retirement age (as defined in section 216(l)(1)), but only if—

“(i) the child had attained early retirement age (as defined in section 216(l)(2)) but had not attained retirement age (as defined in section 216(l)(1)) when such benefits were terminated;

“(ii) the child engaged in substantial gainful activity during the period after the child attained early retirement age (as so defined), but did not experience medical improvement that could have, by itself, served as the basis for terminating the individual's child’s insurance benefits;

“(iii) the child is under a disability (as defined in section 223(d)) at the time the child attains retirement age (as so defined); and

“(iv) the child has filed application for such reentitlement.

“(B) Reentitlement to child’s insurance benefits under this paragraph shall end with the month preceding the first month in which an event specified in paragraph (1)(D) occurs.”