legislation: 105-s-1858
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| 105-s-1858 | 105 | s | 1858 | Work Incentives Improvement Act of 1998 | Labor and Employment | 1998-03-25 | 1998-07-29 | Subcommittee on Social Security and Family Policy. Hearings held. With printed Hearing: S.Hrg. 105-978. | Senate | Sen. Jeffords, James M. [R-VT] | VT | R | J000072 | 10 | TABLE OF CONTENTS: Title I: Establishment of Options Program Title II: Expanded Availability of Health Care Services Title III: Demonstration Projects and Outreach Title IV: Miscellaneous Work Incentives Improvement Act of 1998 - Title I: Establishment of Options Program - Amends title XI of the Social Security Act (SSA) to add a new part D (OPTIONS Program for Working Individuals with Disabilities). Directs the Commissioner of Social Security to establish the OPTIONS program under which an eligible working individual with a disability and an SSDI (Social Security Disability Insurance) Options program participant shall receive, without being subjected to a waiting period, work incentive services under SSA title XIX (Medicaid) to the extent the State in which the individual or participant resides makes such services available in accordance with title II of this Act, as well as work counseling and assistance. (Sec. 101) Requires an SSDI OPTIONS program participant to be provided, after having been entitled to receive cash benefits under the Disability Insurance Benefits (DIB) program under SSA title II (Old Age, Survivors and Disability Insurance) (OASDI) for at least 24 months (or having participated in the OPTIONS program for at least such period), with the opportunity to purchase Medicare hospital insurance benefits and supplementary medical insurance benefits for as long as the individual participates in the OPTIONS program. Requires such SSDI OPTIONS program participant to choose: (1) to waive DIB cash benefits and acquire average monthly earnings from substantial gainful activity in excess of the amount designated to represent such activity by the Commissioner; or (2) if at the time the individual first elects to participate in the OPTIONS program, he or she has received DIB cash benefits for at least 24 months, to not waive such benefits, and to continue to be subject to the limitation imposed by the Commission for other disability beneficiaries under DIB with respect to average monthly earnings from substantial gainful activity. Outlines continuing disability and other work-related reviews with regard to SSDI OPTIONS program participants, as well as the rules applicable to such program participants who choose to retain cash DIB benefits. Provides that if an SSDI OPTIONS program participant terminates his or her employment, the participant shall: (1) no longer be considered an SSDI OPTIONS program participant; and (2) be presumed automatically eligible for cash DIB benefits and hospital insurance benefits under OASDI, and for Supplemental Security Income (SSI) benefits under SSA title XVI and medical assistance under SSA title XIX (Medicaid), and any month in which the participant participated in the OPTIONS program shall be included in the determination of the 24-month period required for hospital insurance benefits under OASDI. Such a participant shall continue to be eligible for work incentive services under a State work options program only to the extent that the individual's State of residence offers such services and the participant otherwise qualifies for them. Makes appropriations to carry out the OPTIONS program, except for work incentive counseling and assistance program components, which are to be funded out of amounts available for the OASDI and SSI programs. (Sec. 102) Amends title XI of the Social Security Act to direct the Commissioner to establish a community-based work incentive counseling and assistance program under which the Commissioner shall enter into agreements to provide counseling and assistance to eligible working individuals with a disability and SSDI OPTIONS program participants. Requires such agreements to be made with States and public and private agencies and organizations other than Social Security Administration Field Offices that the Commissioner determines have experience in providing rehabilitation services or independent living and social services to working individuals with disabilities, and are qualified to provide counseling and assistance in accordance with specified requirements. Title II: Expanded Availability of Health Care Services - Amends SSA title XIX (Medicaid) to provide for a State Work Options Program for States that elect through a plan amendment to provide work incentive services to qualified eligible working individuals with a disability and to work eligible individuals. Provides for certain limitations on premiums and cost-sharing under such program. Gives priority under such program for personal assistance services to 16- through 25-year-old work eligible individuals. (Sec. 201) Requires a State to provide a choice of provider models for receiving personal assistance services. Prohibits payment under the program for any work incentive services provided to an eligible participant who is also eligible for: (1) health benefits coverage offered by the individual's employer; or (2) any other coverage or payment available for such services, including a vocational rehabilitation program. (Sec. 202) Amends SSA title XVIII (Medicare) to provide for an extension of Medicare Hospital Insurance and Supplementary Medical Insurance for SSDI OPTIONS Program participants. Amends the Internal Revenue Code to provide for disclosure of taxpayer return information to the Social Security Administration for purposes of collecting premiums for SSDI OPTIONS Program participants receiving extended Medicare benefits. Title III: Demonstration Projects and Outreach - Amends the Social Security Disability Amendments of 1980 to provide for an extension of disability insurance program demonstration project authority to include any group of participants with impairments that reasonably may be presumed to be disabled. (Sec. 301) Amends SSA title XI to prescribe requirements for consideration of demonstration project waivers to reduce work disincentives for individuals with disabilities. Expresses the sense of the Congress that the Commissioner of Social Security and the Secretary of Health and Human Services should establish additional demonstration projects to assist individuals with disabilities to engage in work. (Sec. 302) Directs the Commissioner of Social Security to establish and conduct directly, or through grants, contracts, or interagency agreements, an ongoing program of outreach to individuals with disabilities who are potentially eligible to participate in the OPTIONS program or to engage in substantial gainful activity under SSI, and to the families of such individuals. Directs the Commissioner of Social Security to: (1) prepare and disseminate information explaining the OPTIONS program and the opportunity to engage in substantial gainful activity; and (2) work in cooperation with other Federal, State, and private agencies and nonprofit organizations that serve disabled individuals, and with agencies and organizations that focus on vocational rehabilitation and work-related training and counseling. Title IV: Miscellaneous - Requires the Commissioner of Social Security and the Secretary of Health and Human Services to report jointly to the Congress their recommendations for any administrative or legislative changes, including changes to the OPTIONS program for working individuals with disabilities, that they determine would be appropriate to reduce work disincentives for individuals with disabilities. | 2025-08-21T16:11:47Z |