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Waiving the Medicare Disability Wait Period

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The Social Security Administration provides benefits to people unable to work due to severe long-term disbailities. Workers who have worked long enough and recently enough are insured for coverage under the Disability Insurance (DI) program. DI beneficiaries receive cash assistance and, after a 24-month waiting period, Medicare coverage. NCSL policy recommends that the two-year disability waiting period to qualify for the Medicare program be waived for persons suffering from a terminal illness. The structure of the current law makes it difficult for these individuals burdened with severe yet brief illnesses to benefit from their support.  

Federal legislation enacted in 2000 eliminated the requirements for enrollees diagnosed with Amniotrophic Lateral Sclerosis (ALS), a progressive neurodegenerative disease affecting approximately 30,000 U.S. citizens at any given time. The Texas Legislature passed a resolution in June of 2007 which urges Congress to enact legislation which would eliminate the 24-month Medicare waiting period for individuals covered under DI. The resolution estimates that such a change would save their Medicaid program as much as $4.3 billion at 2002 program levels. In addition, Representative Gene Green (D-TX) has reintroduced the issue in Congress in H.R. 154. This measure would, over 10 years, completely phase-out the two-year waiting period. Representative Richard Neal (D-MA) introduced a measure, H.R. 685, which would waive the 24-month wait period for individuals with disabling burn injuries just as it has been waived for individuals with ALS. Both measures remain in committee waiting for consideration. 

Texas House Concurrent Resolution 35

H.R. 154, Ending the Medicare Disability Waiting Period Act of 2007

H.R. 685, Social Security and Medicare Improved Burn Injury Treatment Access Act of 2007

Search bill text at,   The Library of Congress Thomas