HR1389-119

1. Short title This Act may be cited as the Marriage Equality for Disabled Adults Act.

2. Elimination of marriage restriction for disabled adult children Section 202(d) of the Social Security Act (42 U.S.C. 402(d)) is amended— in paragraph (1)(B), by striking was unmarried and; by amending paragraph (1)(D) to read as follows: the month in which such child dies; by striking paragraph (5). Section 202(s)(2) of such Act (42 U.S.C. 402(s)(2)) is amended by striking (d)(5),. (D)the month in which such child dies;; and

3. Modification of rules to determine marital relationships 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.. Title XVI of the Social Security Act (42 U.S.C. 1381 et seq.) is amended— 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.

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: 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. (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..

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: In the case of a State that exercises the option under section 1902(f), any individual who— 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 would be eligible for medical assistance under the State plan approved under title XIX if the individual were unmarried, (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,shall remain eligible for medical assistance under such plan for so long as the individual satisfies the criteria described in paragraphs (1) and (2). .