HR6543-119

What This Bill Does

The Health Care Worker and First Responder Fairness Act changes how Social Security retirement earnings-test rules apply to health care professionals and first responders. For wages paid from January 31, 2020, through May 11, 2023, qualifying individuals who attest to and provide evidence of health-care-professional or first-responder employment would have those wages excluded from excess-earnings determinations under Social Security Act section 203. The Commissioner of Social Security must issue implementation guidance within 30 days. For future HHS-declared public health emergencies with a health-care worker shortage, the Commissioner may issue waivers to qualifying health care professionals or first responders so wages during the emergency are not counted toward excess earnings. The Commissioner must report annually to Congress on waivers issued. The bill defines Commissioner, health care professional, first responder, and Secretary.

Who Benefits and How

Retired health care professionals benefit because covered wages can be excluded from the earnings test, allowing them to keep more Social Security benefits while working during emergencies. Retired first responders benefit from the same exclusion if they provide evidence of qualifying employment. Hospitals and emergency response employers benefit from fewer benefit-related disincentives when recruiting experienced workers during public health emergencies. Congress benefits from annual waiver reports for future emergencies.

Who Bears the Burden and How

The Social Security Administration must issue guidance, verify attestations and evidence, evaluate future waivers, adjust benefits administration, and report annually to Congress. HHS must determine when a public health emergency has caused a health-care workforce shortage for future waivers. Federal Social Security benefit outlays may increase when covered wages are excluded from excess-earnings calculations. Applicants must provide evidence of qualifying employment to receive the exclusion or waiver.

Key Provisions

• Excludes January 31, 2020, through May 11, 2023, qualifying wages from Social Security excess-earnings calculations.
• Requires Social Security implementation guidance within 30 days after enactment.
• Authorizes future public-health-emergency waivers when HHS determines a health-care worker shortage exists.
• Requires annual congressional reports on future waivers issued by the Commissioner.
• Defines health care professional, first responder, Commissioner, and Secretary.