Immediate Access for the Terminally Ill Act
- Bill Number
- H.R. 7104
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Social Welfare
- Status
- Introduced
- Latest Action
- 2026-01-15: Referred to the House Committee on Ways and Means.
- Last Updated
- 2026-04-03T18:43:04Z
AI-Generated Summary
Purpose of the Legislation
The "Immediate Access for the Terminally Ill Act" (H.R. 7104) aims to expedite access to Social Security disability insurance benefits for individuals with specific terminal illnesses, prevent the simultaneous receipt of these benefits and unemployment insurance, require congressional oversight for expanding lists of qualifying conditions, and provide flexibility in recovering overpaid benefits to avoid undue hardship.
Key Provisions
- Expedited Disability Benefits for Terminal Illnesses:
- Allows individuals diagnosed with incurable terminal illnesses (life expectancy of 5 years or less from diagnosis) listed on the Social Security Administration's (SSA) Compassionate Allowance list to elect immediate disability insurance benefits without the standard 5-month waiting period.
- The SSA must publish and update this list every 5 years through a formal public process (rulemaking), focusing on conditions already in the Compassionate Allowance program that meet the criteria.
- Elected benefits are reduced to 93% of the standard amount to offset the lack of waiting period.
- The election must be made when applying for benefits and cannot be reversed.
- Applies to applications filed 6 months after the bill's enactment.
- Congressional Oversight for Compassionate Allowance List:
- No new medical conditions or diseases can be added to the SSA's Compassionate Allowance list without approval through a new law passed by Congress.
- Prohibition on Concurrent Disability and Unemployment Benefits:
- Bars individuals under retirement age from receiving both Social Security disability insurance (SSDI) benefits and unemployment compensation in the same month; if both are claimed, SSDI and related survivor or auxiliary benefits are reduced to zero for that month.
- Requires federal agencies and state unemployment programs to share information with the SSA for verification and enforcement.
- Affected individuals receive notice and a chance for a hearing before any reduction.
- "Unemployment compensation" is defined per federal tax law (Section 85(b) of the Internal Revenue Code).
- Flexibility in Overpayment Recovery:
- For old-age, survivors, and disability insurance benefits, the SSA Commissioner can reduce monthly payments by as little as 10% (instead of up to 100%) if full withholding would undermine the program's goal of providing financial support, particularly for those in need.
Significant Changes to Existing Law
- Waiting Period Waiver: Modifies Section 223 of the Social Security Act to eliminate the 5-month delay for qualifying terminal illnesses, but introduces a permanent 7% benefit reduction and limits it to an irrevocable election. Previously, only certain conditions like ALS had limited waivers.
- List Management: Adds congressional approval as a requirement for expanding the Compassionate Allowance list, shifting some authority from the SSA to Congress and potentially slowing updates.
- Concurrent Benefits Ban: Inserts a new Section 224A into the Social Security Act, creating a strict prohibition on overlapping SSDI and unemployment benefits, with mandatory data-sharing mechanisms—unlike current law, which allows both but offsets them in some cases.
- Overpayment Adjustments: Amends Section 204(a) to give the SSA discretion in withholding rates for overpayments, replacing rigid full-recovery rules with a hardship-based minimum of 10%, to better align recoveries with program intent.
Potential Impacts
- On Government Agencies: Increases administrative workload for the SSA in publishing lists, verifying elections, coordinating with state unemployment offices, and handling appeals/hearings. May reduce costs by preventing duplicate payments but requires new data-sharing agreements.
- On Citizens: Terminally ill individuals gain faster financial support (potentially starting immediately upon disability onset), though at a reduced rate, easing end-of-life burdens. Unemployed disabled workers lose access to unemployment benefits if receiving SSDI, possibly straining personal finances. Overpayment rules could prevent severe hardship for beneficiaries by allowing smaller deductions.
- On International Relations: No direct impacts, as the bill focuses on domestic U.S. social welfare programs.
Main Stakeholders Affected
- Individuals with Terminal Illnesses: Primary beneficiaries of expedited benefits, including those with conditions like advanced cancers or neurodegenerative diseases on the Compassionate Allowance list.
- Social Security Disability Recipients: Affected by the ban on concurrent unemployment benefits and more flexible overpayment recoveries.
- Unemployment Insurance Claimants: Overlap with disability claimants may face benefit reductions, impacting low-income workers transitioning between programs.
- Social Security Administration (SSA): Responsible for implementation, list updates, and enforcement, facing both new duties and potential cost savings.
- State Unemployment Agencies: Required to share data, affecting operations in all 50 states and territories.
- Congress: Gains veto power over list expansions, influencing future policy on qualifying conditions.
Notable Legal, Constitutional, or Political Implications
- Legal: Enhances due process by mandating notices and hearings for benefit reductions (aligning with existing SSA procedures under Section 205(b)). The rulemaking requirement for the list ensures transparency under the Administrative Procedure Act. The concurrent benefits prohibition may face challenges if seen as overly punitive, but it builds on existing offsets without altering eligibility criteria.
- Constitutional: No apparent conflicts; supports equal protection by targeting aid to vulnerable groups while preventing fraud/abuse, though the benefit reduction could raise questions about fairness under the Fifth Amendment's due process clause if challenged in court.
- Political: Shifts power to Congress on health policy decisions, potentially politicizing medical lists and slowing responses to emerging diseases. The focus on fiscal responsibility (e.g., benefit cuts, overpayment tweaks) appeals to budget hawks, while expedited aid for the terminally ill garners bipartisan support for compassion, but the unemployment ban could draw criticism from labor advocates for penalizing vulnerable workers.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Harshbarger, Diana [R-TN-1]
Recent Actions
- 2026-01-15: Referred to the House Committee on Ways and Means.
- 2026-01-15: Introduced in House
- 2026-01-15: Introduced in House
Bill Versions
- Immediate Access for the Terminally Ill Act — issued 2026-01-15 — PDF (8 pages)