United States · Law · HR
H.R. 5595 (99th)
Employment Opportunities for Disabled Americans Act
Introduced
25 September 1986
Last action
—
Status
Became Public Law No: 99-643.
Sponsors
—
Subjects
Discovery layer
Source updated
21 June 2024
Summary
SSI Improvement Amendments of 1986 - Title I: General SSI Amendments - Subtitle A: Treatment of Income and Resources - Amends title XVI (Supplemental Security Income) SSI of the Social Security Act to provide that an individual's temporary income for the month such individual's SSI application becomes effective, or the month following ineligibility, shall be considered in the benefit computation only for such month. Authorizes the Secretary of Health and Human Services to exclude certain unearned income in the form of consideration as an individual's income if such property is disposed of in the manner prescribed by the Secretary or any part of its value is excluded from the resource computation. Authorizes the Secretary, where necessary to avoid undue hardship, to suspend the penalties applied when individuals become SSI eligible by disposing of their resources at less than market value. Applies such penalties only where resources were disposed of within the past 24 months at more than $3,000 below their market value. Subtitle B: Provisions Relating to Eligibility - Provides for the payment of benefits due deceased recipients to the surviving spouse or, if the deceased was a child, to the parents. Treats individuals who are ineligibile for SSI benefits by reason of their receipt of widow's or widower's insurance benefits under title II (Old Age, Survivors and Disability Insurance) of the Act as SSI recipients for purposes of title XIX (Medicaid) of the Act. Provides that an alien's three-year period of ineligibility for SSI benefits shall not apply when the organization sponsoring the alien is no longer in existence or is adjudged bankrupt. Authorizes State agencies administering State plans under any Social Security program other than the SSI program to treat a husband and wife who share health facility accommodations for six consecutive months as an eligibile individual with an eligible spouse (rather than as two eligible individuals) if treating them two as eligible individuals would terminate or reduce either individual's benefits. Subtitle C: Provisions Relating to Emergency Assistance - Extends Federal reimbursement of State interim SSI assistance to cover such assistance provided for the period during which: (1) an individual's benefits were erroneously terminated or suspended; or (2) an issued benefit check was lost or stolen before being negotiated. Authorizes the Secretary to make an emergency cash advance to presumptively eligible individuals who are initially applying for SSI benefits up to the amount which would be payable for the first month to an eligible individual with no other income. Subtitle D: Provisions Relating to Group Living Facility Standards - Repeals a provision in title XVI of the Act reducing payments to SSI recipients where a group living facility fails to meet applicable standards. Directs the Secretary and the Comptroller General to conduct a study of alternative methods of promoting the enforcement of State standards for group living facilities. Subtitle E: Provisions Relating to the Blind - Entitles individuals who are applying for or receiving SSI benefits on the basis of blindness to elect to receive either supplementary notice by telephone or initial notice by certified mail of any determination made or other action taken with respect to such individual's SSI rights. Directs the Secretary to study the desirability and feasibility of extending such notification rights to other individuals who may lack the ability to read. Subtitle F: General Provisions - Sets forth effective dates. Title II - Employment Opportunities for Disabled Americans - Makes permanent the provisions of title XVI (Supplemental Security Income) (SSI) of the Social Security Act which provide special benefits or Medicaid (title XIX of the Act) coverage to individuals who perform substantial gainful activity despite a severe medical impairment. Removes SSI limitations for the first two months of an individual's stay in a health facility if such individual: (1) was eligible for the benefits made permanent by this Title during the month preceding admission to the facility; and (2) is permitted by the facility to retain such benefits. Sets forth provisions regarding the timing of medical determinations as to an individual's eligibility for SSI benefits or the benefits made permanent by this Title, including the provision that individuals whose income renders them ineligible for such benefits for less than one year may be reinstated without undergoing a disability determination. Specifies the factors which must be taken into account in determining whether a disabled individual's earnings provide a "reasonable equivalent" of SSI and Medicaid benefits and thereby disqualify the individual from Medicaid coverage under the SSI program. Directs the Secretary of Health and Human Services, when any individual receives SSI benefits on the basis of a disability, to notify such individual of his or her potential eligibility for the benefits available to those performing substantial gainful activity despite a severe medical impairment. Provides that when an individual becomes ineligible for SSI benefits upon entitlement to or an increase in child's insurance benefits under title II (Old Age, Survivors and Disability Insurance) of the Act, such individual shall be treated for Medicaid purposes as continuing to receive SSI benefits so long as he or she would otherwise be eligible for such benefits. Prohibits States which use more restrictive Medicaid eligibility criteria than those used by the SSI program from terminating the coverage of individuals who would be eligible under the State plan but for their eligibility for the special benefits made permanent by this title.
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Documents
4 official files
Public Law (PDF)
Public Law (PDF)
Public Law · EN · 11 November 1986
House agreed to Senate amendment with amendment
summary · EN · 16 October 1986
Passed Senate amended
summary · EN · 8 October 1986
Introduced in House
summary · EN · 25 September 1986
Sponsors
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Related records
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Sources
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- Official source: https://www.congress.gov/bill/99th-congress/house-bill/5595
- Open data entity: https://api.congress.gov/v3/bill/99/hr/5595