Immediate Access for the Terminally Ill Act

12/15/2023, 4:09 PM

Immediate Access for the Terminally Ill Act

This bill permits Social Security Disability Insurance (SSDI) beneficiaries with specified terminal illnesses to elect expedited payment of benefits in exchange for a reduction in the amount of their monthly benefit. 

Specifically, the bill requires the Social Security Administration (SSA) to establish a list of medical conditions that qualify an individual for expedited payment. These conditions must have no known cure, must involve a life expectancy of five years or less, and must be present on the most recent Compassionate Allowances list (a list of medical conditions that, by definition, meet the standards for SSDI benefits). The bill directs SSA to update the list every five years. Congress must approve each medical condition added to the list. 

Under the bill, individuals diagnosed with a specified terminal condition may elect to receive SSDI benefits beginning the month after the onset of disability. Under current law, individuals generally must wait five months after the onset of disability to begin receiving SSDI benefits. Individuals who opt to receive expedited payment must accept a 7% reduction in monthly benefits. 

Separately, the bill prohibits individuals receiving unemployment benefits from simultaneously receiving SSDI benefits. The bill also permits SSA to collect less than 100% of an overpaid Social Security beneficiary’s monthly benefit, so long as the collection amount is not less than 10% of their monthly benefit.

Bill 118 s 3316, also known as the Immediate Access for the Terminally Ill Act, is a piece of legislation currently being considered by the US Congress. The main purpose of this bill is to provide terminally ill patients with immediate access to experimental treatments that have not yet been approved by the Food and Drug Administration (FDA).

Under this bill, terminally ill patients would be able to request access to these experimental treatments directly from drug manufacturers, bypassing the usual FDA approval process. This would give patients the opportunity to try potentially life-saving treatments that may not be available through traditional channels.

The bill includes provisions to ensure that patients are fully informed of the risks and benefits of the experimental treatments, and that they have the support of their healthcare providers in making decisions about their care. It also includes safeguards to protect patients from unscrupulous practices by drug manufacturers. Supporters of the bill argue that it gives terminally ill patients more control over their own healthcare decisions and the chance to try new treatments that could prolong their lives. Critics, however, raise concerns about the safety and efficacy of experimental treatments and the potential for exploitation of vulnerable patients. Overall, the Immediate Access for the Terminally Ill Act is a controversial piece of legislation that raises important questions about the balance between patient autonomy and the need for regulatory oversight in healthcare.
Congress
118
Number
S - 3316
Introduced on
2023-11-15
# Amendments
0
Sponsors
+5

Variations and Revisions

11/15/2023
Text
PDF
XML

Status of Legislation

Bill Introduced
Introduced to House
House to Vote
Introduced to Senate
Senate to Vote

Purpose and Summary

Immediate Access for the Terminally Ill Act

This bill permits Social Security Disability Insurance (SSDI) beneficiaries with specified terminal illnesses to elect expedited payment of benefits in exchange for a reduction in the amount of their monthly benefit. 

Specifically, the bill requires the Social Security Administration (SSA) to establish a list of medical conditions that qualify an individual for expedited payment. These conditions must have no known cure, must involve a life expectancy of five years or less, and must be present on the most recent Compassionate Allowances list (a list of medical conditions that, by definition, meet the standards for SSDI benefits). The bill directs SSA to update the list every five years. Congress must approve each medical condition added to the list. 

Under the bill, individuals diagnosed with a specified terminal condition may elect to receive SSDI benefits beginning the month after the onset of disability. Under current law, individuals generally must wait five months after the onset of disability to begin receiving SSDI benefits. Individuals who opt to receive expedited payment must accept a 7% reduction in monthly benefits. 

Separately, the bill prohibits individuals receiving unemployment benefits from simultaneously receiving SSDI benefits. The bill also permits SSA to collect less than 100% of an overpaid Social Security beneficiary’s monthly benefit, so long as the collection amount is not less than 10% of their monthly benefit.

Bill 118 s 3316, also known as the Immediate Access for the Terminally Ill Act, is a piece of legislation currently being considered by the US Congress. The main purpose of this bill is to provide terminally ill patients with immediate access to experimental treatments that have not yet been approved by the Food and Drug Administration (FDA).

Under this bill, terminally ill patients would be able to request access to these experimental treatments directly from drug manufacturers, bypassing the usual FDA approval process. This would give patients the opportunity to try potentially life-saving treatments that may not be available through traditional channels.

The bill includes provisions to ensure that patients are fully informed of the risks and benefits of the experimental treatments, and that they have the support of their healthcare providers in making decisions about their care. It also includes safeguards to protect patients from unscrupulous practices by drug manufacturers. Supporters of the bill argue that it gives terminally ill patients more control over their own healthcare decisions and the chance to try new treatments that could prolong their lives. Critics, however, raise concerns about the safety and efficacy of experimental treatments and the potential for exploitation of vulnerable patients. Overall, the Immediate Access for the Terminally Ill Act is a controversial piece of legislation that raises important questions about the balance between patient autonomy and the need for regulatory oversight in healthcare.
Alternative Names
Official Title as IntroducedA bill to amend title II of the Social Security Act to allow disabled individuals with incurable terminal illnesses listed on the Compassionate Allowance list to receive disability insurance benefits without a waiting period, to prohibit concurrent receipt of disability insurance benefits and unemployment insurance, and for other purposes.
Policy Areas
Social Welfare

Comments

Related

Bill Update Alert:  Immediate Access for the Terminally Ill Act
Committee:  Finance

Recent Activity

Latest Summary1/10/2025

Immediate Access for the Terminally Ill Act

This bill permits Social Security Disability Insurance (SSDI) beneficiaries with specified terminal illnesses to elect expedited payment of benefits in exchange for a reduction in ...

Latest Action11/15/2023
Read twice and referred to the Committee on Finance.