REPEAL OF SPECIAL DISABILITY STANDARD FOR WIDOWS AND WIDOWERS.

SEC. 5103. REPEAL OF SPECIAL DISABILITY STANDARD FOR WIDOWS AND WIDOWERS. (a) In General.—Section 223(d)(2) (42 U.S.C. 423(d)(2)) is amended— (1) in subparagraph (A), by striking “(except a widow, surviving divorced wife, widower, or surviving divorced husband for purposes of section 202(e) or (f))”; (2) by striking subparagraph (B); and (3) by redesignating subparagraph (C) as subparagraph (B). (b) Conforming Amendments.— (1) The third sentence of section 216(i)(l) (42 U.S.C. 416(i)(D) is amended by striking “(2)(C)” and inserting “(2)(B)”. (2) Section 223(f)(1)(B) (42 U.S.C. 423(f)(1)(B)) is amended to read as follows: “(B) the individual is now able to engage in substantial gainful activity; or”. (3) Section 223(f)(2)(A)(ii) (42 U.S.C. 423(f)(2)(A)(ii)) is amended to read as follows: “(ii) the individual is now able to engage in substantial gainful activity, or”. (4) Section 223(f)(3) (42 U.S.C. 423(f)(3)) is amended by striking “therefore—” and all that follows and inserting “therefore the individual is able to engage in substantial gainful activity; or”. (5) Section 223(f) is further amended, in the matter following paragraph (4), by striking “(or gainful activity in the case of a widow, surviving divorced wife, widower, or surviving divorced husband)” each place it appears. (c) Transitional Rules Relating to Medicaid and Medicare Eligibility.— (1) Determination of medicaid eligibility.—Section 1634(d) (42 U.S.C. 1383c(d)) is amended— (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (B) by striking “(d) If any person—” and inserting “(d)(D This subsection applies with respect to any person who—”; (C) in subparagraph (A) (as redesignated), by striking “as required” and all that follows through “but not entitled” and inserting “being then not entitled”; (D) in subparagraph (B) (as redesignated), by striking “section 1616(a),” and inserting “section 1616(a) (or payments of the type described in section 212(a) of Public Law 93–66),”; and (E) by striking “such person shall” and all that follows and inserting the following new paragraph: “(2) For purposes of title XIX, each person with respect to whom this subsection applies— “(A) shall be deemed to be a recipient of supplemental security income benefits under this title if such person received such a benefit for the month before the month in which such person began to receive a benefit described in paragraph (1)(A), and “(B) shall be deemed to be a recipient of State supplementary payments of the type referred to in section 1616(a) of this Act (or payments of the type described in section 212(a) of Public Law 93–66) if such person received such a payment for the month 104 STAT. 1388–252before the month in which such person began to receive a benefit described in paragraph (I)(A), for so long as such person (j) would be eligible for such supplemental security income benefits, or such State supplementary payments (or payments of the type described in section 212(a) of Public Law 93–66), in the absence of benefits described in paragraph (1)(A), and (ii) is not entitled to hospital insurance benefits under part A of title XVIII.“. (2) Inclusion of months of ssi eligibility within s-month disability waiting period and 24-month medicare waiting period.— (A) Widow’s benefits based on disability.—Section 202(e)(5) (42 U.S.C. 402(e)(5)) is amended— (i) in subparagraph (B), by striking “(i)” and “(ii)” and inserting “(I)” and “(II)”, respectively; (ii) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (iii) by inserting “(A)” after “(5)”; and (iv) by adding at the end the following new subparagraph: “(B) For purposes of paragraph (1)(F)(i), each month in the period commencing with the first month for which such widow or surviving divorced wife is first eligible for supplemental security income benefits under title XVI, or State supplementary payments of the type referred to in section 1616(a) (or payments of the type described in section 212(a) of Public Law 93–66) which are paid by the Secretary under an agreement referred to in section 1616(a) (or in section 212(b) of Public Law 93–66), shall be included as one of the months of such waiting period for which the requirements of subparagraph (A) have been met.”. (B) Widower’s benefits based on disability.—Section 202(f)(6) (42 U.S.C. 402(f)(6)) is amended— (I) in subparagraph (B), by striking “(i)” and “(ii)” and inserting “(I)” and “(II)”, respectively; (II) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (III) by inserting “(A)” after “(6)”; and (IV) by adding at the end the following new subparagraph: “(B) For purposes of paragraph (1)(F)(i), each month in the period commencing with the first month for which such widower or surviving divorced husband is first eligible for supplemental security income benefits under title XVI, or State supplementary payments of the type referred to in section 1616(a) (or payments of the type described in section 212(a) of Public Law 93–66) which are paid by the Secretary under an agreement referred to in section 1616(a) (or in section 212(b) of Public Law 93–66), shall be included as one of the months of such waiting period for which the requirements of subparagraph (A) have been met.”. (C) Medicare benefits.—Section 226(e)(D (42 U.S.C. 426(e)(D) is amended— (i) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (ii) by inserting “(A)” after “(e)(D”; and (iii) by adding at the end the following new subparagraph:104 STAT. 1388–253 “(B) For purposes of subsection (b)(2)(A)(iii), each month in the period commencing with the first month for which an individual is first eligible for supplemental security income benefits under title XVI, or State supplementary payments of the type referred to in section 1616(a) of this Act (or payments of the type described in section 212(a) of Public Law 93–66) which are paid by the Secretary under an agreement referred to in section 1616(a) (or in section 212(b) of Public Law 93–66), shall be included as one of the 24 months for which such individual must have been entitled to widow’s or widower’s insurance benefits on the basis of disability in order to become entitled to hospital insurance benefits on that basis.”. (d) Deemed Disability for Purposes of Entitlement to Widow’s and Widower’s Insurance Benefits for Widows and Widowers on SSI Rolls.— (1) Widow’s insurance benefits.—Section 202(e) (42 U.S.C. 402(e)) is amended by adding at the end the following new paragraph: “(9) An individual shall be deemed to be under a disability for purposes of paragraph (IXB)(ii) if such individual is eligible for supplemental security income benefits under title XVI, or State supplementary payments of the type referred to in section 1616(a) (or payments of the type described in section 212(a) of Public Law 93–66) which are paid by the Secretary under an agreement referred to in section 1616(a) (or in section 212(b) of Public Law 93–66), for the month for which all requirements of paragraph (1) for entitlement to benefits under this subsection (other than being under a disability) are met.”. (2) Widower’s insurance benefits.—Section 202(f) (42 U.S.C. 402(f)) is amended by adding at the end the following new paragraph: “(9) An individual shall be deemed to be under a disability for purposes of paragraph (1)(B)(ii) if such individual is eligible for supplemental security income benefits under title XVI, or State supplementary payments of the type referred to in section 1616(a) (or payments of the type described in section 212(a) of Public Law 93–66) which are paid by the Secretary under an agreement referred to in such section 1616(a) (or in section 212(b) of Public Law 93–66), for the month for which all requirements of paragraph (1) for entitlement to benefits under this subsection (other than being under a disability) are met.”. (e) Effective Date.— (1) In general.—The amendments made by this section (other than paragraphs (1) and (2)(C) of subsection (c)) shall apply with respect to monthly insurance benefits for months after December 1990 for which applications are filed on or after January 1, 1991, or are pending on such date. The amendments made by subsection (c)(D shall apply with respect to medical assistance provided after December 1990. The amendments made by subsection (c)(2)(C) shall apply with respect to items and services furnished after December 1990. (2) Application requirements for certain individuals on benefit rolls.—In the case of any individual who— (A) is entitled to disability insurance benefits under section 223 of the Social Security Act for December 1990 or is eligible for supplemental security income benefits under title XVI of such Act, or State supplementary payments of 104 STAT. 1388–254the type referred to in section 1616(a) of such Act (or payments of the type described in section 212(a) of Public Law 93–66) which are paid by the Secretary under an agreement referred to in such section 1616(a) (or in section 212(b) of Public Law 93–66), for January 1991, (B) applied for widow’s or widower’s insurance benefits under subsection (e) or (f) of section 202 of the Social Security Act during 1990, and (C) is not entitled to such benefits under such subsection (e) or (f) for any month on the basis of such application by reason of the definition of disability under section 223(d)(2)(B) of the Social Security Act (as in effect immediately before the date of the enactment of this Act), and would have been so entitled for such month on the basis of such application if the amendments made by this section had been applied with respect to such application, for purposes of determining such individual’s entitlement to such benefits under subsection (e) or (0 of section 202 of the Social Security Act for months after December 1990, the requirement of paragraph (IXC)(i) of such subsection shall be deemed to have been met.