H.R. 1389 — Marriage Equality for Disabled Adults Act

This section provides the short title of the Act as the “Marriage Equality for Disabled Adults Act.”

This section revises the Social Security Act’s child’s insurance benefit rules under 42 U.S.C. § 402(d) by eliminating the marriage restriction for disabled adult children, so that a child who is otherwise eligible may receive benefits without having to be unmarried. It also strikes the existing termination language in paragraph (1)(D) and replaces it with a provision ending benefits in the month in which the child dies, and makes a conforming amendment to 42 U.S.C. § 402(s)(2) by removing the reference to paragraph (d)(5). (Thus, marriage would no longer disqualify an otherwise eligible disabled adult child from receiving benefits.)

This section revises the rules for determining marital status under Title XVI of the Social Security Act by providing that, if two individuals are determined to be married under section 216(h)(1) for Title II purposes, they must be treated as married for Title XVI purposes from the later of the date of that determination or the date of their application for Title XVI benefits. As background, Title XVI governs Supplemental Security Income (SSI), a needs-based program for aged, blind, and disabled individuals. The section also makes conforming changes throughout Title XVI by replacing references to “a husband and wife” with “two married individuals,” “such husband and wife” with “such married individuals,” “the husband or wife of” with “married to,” “husband and wife” with “married,” and “husband or wife” with “spouse.”

This section revises the income and resource deeming rules under the Supplemental Security Income program by providing that, for purposes of determining eligibility for and the amount of benefits for a married individual entitled to a child’s insurance benefit based on disability under Social Security Act section 202(d), or for that individual’s spouse, one spouse’s income and resources are deemed not to include the other spouse’s income or resources. (Thus, the spouses’ finances are treated separately for these benefit determinations.)

This section establishes that, in a State that exercises the optional Medicaid eligibility rules under section 1902(f) of the Social Security Act, a married individual who is entitled to a child’s insurance benefit based on disability under section 202(d), or the spouse of such an individual, remains eligible for medical assistance under the State Medicaid plan if the individual would be eligible for Medicaid if unmarried. (Thus, the provision preserves Medicaid coverage for certain married disabled adult children and their spouses in section 1902(f) States for as long as they continue to meet both eligibility criteria.)

This section expresses the sense of Congress that Disabled Adult Children who are married should remain eligible for Medicare, Medicaid, and Social Security benefits on the same terms as if unmarried, regardless of State residence or State Medicaid law; that “holding out” status under 42 U.S.C. § 1382c(d) should not affect their eligibility for Federal Medicare, Medicaid, or Social Security benefits; and that eligibility for Social Security Disability Insurance benefits should not depend on geographic location or residency in the United States.