I 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 fol- lowing 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘COVID–19 Recovery for Seniors and People with Dis- 5 abilities Act of 2020’’. 6 (b) TABLE OF CONTENTS.—The table of contents for 7 this Act is as follows: 8 VerDate Sep 11 2014 01:10 Jun 13, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 kjohnson on DSK79L0C42PROD with BILLS
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
I
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 fol-
lowing 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 Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3
(a) SHORT TITLE.—This Act may be cited as the 4
‘‘COVID–19 Recovery for Seniors and People with Dis-5
abilities Act of 2020’’. 6
(b) TABLE OF CONTENTS.—The table of contents for 7
this Act is as follows: 8
VerDate Sep 11 2014 01:10 Jun 13, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951kjoh
nson
on
DS
K79
L0C
42P
RO
D w
ith B
ILLS
2
•HR 6951 IH
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 peri-
ods.
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 supple-
mental 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 cov-
erage 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 fur-
nished without an electronic visit verification system.
TITLE IV—AGRICULTURE
Sec. 401. Commodity supplemental food program.
TITLE I—SOCIAL SECURITY 1
SEC. 101. DEFINITIONS. 2
In this title: 3
(1) COMMISSIONER.—The term ‘‘Commis-4
sioner’’ means the Commissioner of Social Security. 5
VerDate Sep 11 2014 01:10 Jun 13, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951kjoh
nson
on
DS
K79
L0C
42P
RO
D w
ith B
ILLS
3
•HR 6951 IH
(2) COVID–19 EMERGENCY PERIOD.—The 1
term ‘‘COVID–19 emergency period’’ means the pe-2
riod of months— 3
(A) beginning with the first month that be-4
gins on or after the date of enactment of this 5
Act; and 6
(B) ending with the sixth month that be-7
gins on or after the last day of the public health 8
emergency described in section 1135(g)(1)(B) 9
of such Act (42 U.S.C. 1320b–5(g)(1)(B)). 10
SEC. 102. PAUSING CONTINUING DISABILITY REVIEWS DUR-11
ING THE COVID–19 PUBLIC HEALTH EMER-12
GENCY. 13
(a) IN GENERAL.—Notwithstanding any other provi-14
sion of law and except as provided in subsection (b), the 15
Commissioner shall not conduct any continuing disability 16
review (as such term is defined in section 201(g)(1)(A) 17
of the Social Security Act (42 U.S.C. 401(g)(1)(A))) dur-18
ing the COVID–19 emergency period. 19
(b) EXCEPTION FOR CDR APPEALS.—Subsection (a) 20
shall not apply to a continuing disability review that— 21
(1) is in progress on the date of enactment of 22
this Act; and 23
(2) is being conducted pursuant to an appeal by 24
an individual of a adverse decision of the Commis-25
VerDate Sep 11 2014 01:10 Jun 13, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951kjoh
nson
on
DS
K79
L0C
42P
RO
D w
ith B
ILLS
4
•HR 6951 IH
sioner with respect to the individual’s eligibility for 1
benefits under title II or XVI of the Social Security 2
Act (42 U.S.C. 401 et seq., 1381 et seq.), or the 3
amount of such benefits for which the individual is 4
eligible. 5
SEC. 103. PAUSING ALL COLLECTION OF OVERPAYMENTS 6
DURING THE COVID–19 PUBLIC HEALTH 7
EMERGENCY. 8
(a) IN GENERAL.—Notwithstanding any other provi-9
sion of law and except as provided in subsection (b), dur-10
ing the COVID–19 emergency period, the Commissioner 11
shall not make any downward adjustment to a benefit 12
amount payable to an individual under title II or XVI of 13
the Social Security Act (42 U.S.C. 401 et seq., 1381 et 14
seq.), or take any other action, for the purpose of col-15
lecting an overpayment made to such individual. 16
(b) EXCEPTION FOR FRAUD.—Subsection (a) shall 17
not apply to any downward adjustment or any other action 18
with respect to a benefit amount payable to an individual 19
under title II or XVI of the Social Security Act (42 U.S.C. 20
401 et seq., 1381 et seq.) if such adjustment is made, or 21
such action taken, on the basis that the individual is in-22
volved in fraud or similar fault. 23
VerDate Sep 11 2014 01:10 Jun 13, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951kjoh
nson
on
DS
K79
L0C
42P
RO
D w
ith B
ILLS
5
•HR 6951 IH
SEC. 104. PAUSING ALL SUSPENSION OF BENEFITS FOR 1
FAILURE TO COOPERATE DURING THE 2
COVID–19 PUBLIC HEALTH EMERGENCY. 3
Notwithstanding any other provision of law, during 4
the COVID–19 emergency period, the Commissioner shall 5
not suspend, modify, or terminate an individual’s entitle-6
ment to, or eligibility for, benefits under title II or XVI 7
of the Social Security Act (42 U.S.C. 401 et seq., 1381 8
et seq.) on the basis that the individual has failed to co-9
operate with a request of the Commissioner. 10
SEC. 105. UPDATE IN ELIGIBILITY THRESHOLDS FOR SUP-11
PLEMENTAL SECURITY INCOME; ELIMI-12
NATION OF MARRIAGE PENALTY. 13
(a) UPDATE IN GENERAL INCOME EXCLUSION.— 14
Section 1612(b)(2)(A) of the Social Security Act (42 15
U.S.C. 1382a(b)(2)(A)) is amended by striking ‘‘$240’’ 16
and inserting ‘‘$1,476 (increased as described in section 17
1617(d) for each calendar year after 2020)’’. 18
(b) UPDATE IN EARNED INCOME EXCLUSION.—Sec-19
tion 1612(b)(4) of such Act (42 U.S.C. 1382a(b)(4)) is 20
amended by striking ‘‘$780’’ each place it appears and 21
inserting ‘‘$4,788 (increased as described in section 22
1617(d) for each calendar year after 2020)’’. 23
(c) UPDATE IN RESOURCE LIMIT FOR INDIVIDUALS 24
AND COUPLES.—Section 1611(a)(3) of such Act (42 25
U.S.C. 1382(a)(3)) is amended— 26
VerDate Sep 11 2014 01:10 Jun 13, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951kjoh
nson
on
DS
K79
L0C
42P
RO
D w
ith B
ILLS
6
•HR 6951 IH
(1) in subparagraph (A), by striking ‘‘$2,250’’ 1
and all that follows through the end of the subpara-2
graph and inserting ‘‘$20,000 in calendar year 3
2020, and shall be increased as described in section 4
1617(d) for each subsequent calendar year.’’; and 5
(2) in subparagraph (B), by striking ‘‘$1,500’’ 6
and all that follows through the end of the subpara-7
graph and inserting ‘‘$10,000 in calendar year 8
2020, and shall be increased as described in section 9
1617(d) for each subsequent calendar year.’’. 10
(d) INFLATION ADJUSTMENT.—Section 1617 of such 11
Act (42 U.S.C. 1382f) is amended— 12
(1) in the section heading, by inserting ‘‘; IN-13
FLATION ADJUSTMENT’’ after ‘‘BENEFITS’’; and 14
(2) by adding at the end the following: 15
‘‘(d)(1) In the case of any calendar year after 2020, 16
each of the amounts specified in sections 1611(a)(3), 17
1612(b)(2)(A), and 1612(b)(4) shall be increased by mul-18
tiplying each such amount by the quotient obtained by di-19
viding— 20
‘‘(A) the average of the Consumer Price 21
Index for Elderly Consumers (CPI–E, as pub-22
lished by the Bureau of Labor Statistics of the 23
Department of Labor) for the 12-month period 24
VerDate Sep 11 2014 01:10 Jun 13, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951kjoh
nson
on
DS
K79
L0C
42P
RO
D w
ith B
ILLS
7
•HR 6951 IH
ending with September of the preceding cal-1
endar year, by 2
‘‘(B) such average for the 12-month period 3
ending with September 2019. 4
‘‘(2) In no case shall the application of para-5
graph (1) result in a reduction to the amounts speci-6
fied in such paragraph.’’. 7
(e) REPEAL OF MARRIAGE PENALTY.— 8
(1) IN GENERAL.—Section 1611(b)(2) of the 9
Social Security Act (42 U.S.C. 1382f(b)(2)) is 10
amended by striking ‘‘payable at the rate of’’ and all 11
that follows through the end of the paragraph and 12
inserting ‘‘payable— 13
‘‘(A) for calendar years 1974 through 2019, at 14
the rate of $2,628 (or, if greater, the amount deter-15
mined under section 1617); and 16
‘‘(B) for calendar year 2020 and any calendar 17
year thereafter, at twice the rate applicable for such 18
calendar year under paragraph (1) for an individual 19
who does not have an eligible spouse, 20
reduced by the amount of income, not excluded pursuant 21
to section 1612(b), of such individual and spouse.’’. 22
(2) CONFORMING AMENDMENT.—Section 23
1617(a)(1) of the Social Security Act (42 U.S.C. 24
1382(a)(1)) is amended by striking ‘‘subsections 25
VerDate Sep 11 2014 01:10 Jun 13, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951kjoh
nson
on
DS
K79
L0C
42P
RO
D w
ith B
ILLS
8
•HR 6951 IH
(a)(1)(A), (a)(2)(A), (b)(1), and (b)(2)’’ and insert-1
ing ‘‘subsections (a)(1)(A), (a)(2)(A), and (b)(1)’’. 2
(f) EFFECTIVE DATE.—The amendments made by 3
this section shall take effect on the date of enactment of 4
this Act, and shall apply to eligibility determinations 5
made, and benefit amounts payable, under title XVI of 6
the Social Security Act (42 U.S.C. 1381 et seq.) on or 7
after such date. 8
SEC. 106. ELIMINATION OF SOCIAL SECURITY DISABILITY 9
AND MEDICARE WAITING PERIODS. 10
(a) TEMPORARY ELIMINATION OF WAITING PERIODS 11
FOR SOCIAL SECURITY DISABILITY BENEFITS AND RAIL-12