Section 1 Short title
This Act may be cited as the “Marriage Equality for Disabled Adults Act”.
Marriage Equality for Disabled Adults Act
A BILL
To secure the rights and dignity of marriage for Disabled Adult Children, and for other purposes.
Sec. 2 Elimination of marriage restriction for disabled adult children
Sec. 3 Modification of rules to determine marital relationships
In general— Section 1614(d) of the Social Security Act (42 U.S.C. 1382c(d)) is amended by striking “except that” and all that follows through the end of the subsection and inserting “except that if two individuals have been determined to be married under section 216(h)(1) for purposes of title II they shall be considered (from and after the date of such determination or the date of their application for benefits under this title, whichever is later) to be married for purposes of this title.”.
in section 1611(e)(3)—
by striking “a husband and wife” each place it appears and inserting “two married individuals”; and
by striking “such husband and wife” and inserting “such married individuals”;
in section 1614(b)—
in the first sentence, by striking “the husband or wife of” and inserting “married to”; and
in the second sentence, by striking “husband and wife” and inserting “married”; and
in section 1631(b)(1)(A)(i), by striking “husband or wife” and inserting “spouse”.
Sec. 4 Income and resource deeming rules
Section 1614(f) of the Social Security Act (42 U.S.C. 1382c(f)) is amended by adding at the end the following:
“(5) Notwithstanding paragraph (1) of this subsection, for purposes of determining eligibility for, and the amount of, benefits for a married individual who is entitled to a child’s insurance benefit based on a disability under section 202(d), or for the spouse of such an individual, the income and resources of the one spouse is deemed to not include any income or resources of the other spouse.”
Sec. 5 Retention of Medicaid for certain married individuals
Section 1634 of the Social Security Act (42 U.S.C. 1383(c)) is amended by adding at the end the following:
“(e) In the case of a State that exercises the option under section 1902(f), any individual who—
“(1) is a married individual who is entitled to a child’s insurance benefit based on a disability for any month under section 202(d) or the spouse of such an individual; and
“(2) would be eligible for medical assistance under the State plan approved under title XIX if the individual were unmarried,”
Sec. 6 Sense of Congress
It is the sense of the United States Congress that—
Disabled Adult Children, if married, should remain eligible for all Medicare, Medicaid, and Social Security benefits under the same terms as they would if unmarried, regardless of State of residence or State Medicaid law; specifically, this legislation should not impact a Disabled Adult Child’s eligibility for any Medicaid services for which they were eligible when unmarried;
regardless of marital status, eligibility of Disabled Adult Children to receive Federal Medicare, Medicaid, and Social Security benefits should not be impacted by any “holding out” status as defined in section 1382c(d) of title 42, United States Code; and
Disabled Adult Children’s eligibility for Social Security Disability Insurance benefits should not be conditioned on geographic location or residency in the United States.