Fairness for Seniors and People with Disabilities During COVID–19 Act of 2020

II 116TH CONGRESS 2D SESSION S. 4830 To provide protections to Social Security and Supplemental Security Income beneficiaries relating to extra payments due to the COVID–19 pandemic, and for other purposes. IN THE SENATE OF THE UNITED STATES OCTOBER 21 (legislative day, OCTOBER 19), 2020 Mr. BROWN (for himself, Mr. CASEY, and Mr. WYDEN) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To provide protections to Social Security and Supplemental Security Income beneficiaries relating to extra payments due to the COVID–19 pandemic, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Fairness for Seniors 4 and People with Disabilities During COVID–19 Act of 5 2020’’. 6 VerDate Sep 11 2014 21:48 Oct 28, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4830.IS S4830 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 4830 IS SEC. 2. SOCIAL SECURITY BENEFICIARY PROTECTIONS RE- 1 GARDING INCORRECT PAYMENTS DURING 2 COVID–19. 3 (a) NO LIABILITY OR RECOVERY WITH RESPECT TO 4 CERTAIN INCORRECT PAYMENTS.— 5 (1) IN GENERAL.—Notwithstanding any other 6 provision of title II, title VIII, title XI, or title XVI 7 of the Social Security Act, in the case of any pay- 8 ment under title II, title VIII, or title XVI of such 9 Act of more than the correct amount for any month 10 during the period beginning on March 1, 2020, and 11 ending on December 31, 2020 (other than a pay- 12 ment described in paragraph (2)), no person, estate, 13 State, or organization shall be liable for the repay- 14 ment of the amount of such payment in excess of 15 the correct amount and the Commissioner of Social 16 Security shall not seek recovery of benefits under 17 section 204, 808, 1147, or 1631(b) of such Act from 18 any person, estate, State, or organization. 19 (2) AMOUNTS SUBJECT TO LIABILITY AND RE- 20 COVERY.— 21 (A) IN GENERAL.—A payment described in 22 this paragraph is a payment of more than the 23 correct amount resulting from— 24 VerDate Sep 11 2014 21:48 Oct 28, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4830.IS S4830 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 4830 IS (i) a conviction for an offense under 1 section 208(a), 811, or 1632(a) of the So- 2 cial Security Act; 3 (ii) a redetermination of the entitle- 4 ment of an individual to benefits made 5 under section 205(u) or 1631(e)(7) of such 6 Act when there is reason to believe that an 7 incorrect or incomplete statement that is 8 material to determining such entitlement is 9 knowingly made or that information that is 10 material to the determination is knowingly 11 concealed; or 12 (iii) a determination that a represent- 13 ative payee misused benefits made under 14 section 205(j), 807, or 1631(a)(2) of such 15 Act. 16 (B) LIMITATION.—For purposes of para- 17 graph (1), this paragraph shall not apply with 18 respect to any payment of more than the cor- 19 rect amount resulting from an offense or deter- 20 mination that occurred before March 1, 2020. 21 (b) NOTIFICATIONS; SUSPENSION OF RECOVERY 22 UPON REQUEST.— 23 (1) RECOVERY BY ADJUSTMENT OF BENE- 24 FITS.— 25 VerDate Sep 11 2014 21:48 Oct 28, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4830.IS S4830 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 4830 IS (A) IN GENERAL.—Not later than October 1 31, 2020, the Commissioner of Social Security 2 shall— 3 (i) notify each covered individual of 4 the opportunity to request that the adjust- 5 ment of benefits described in subparagraph 6 (B) be reduced or suspended during the 7 period described in subsection (a)(1); and 8 (ii) reduce or suspend (as requested) 9 such adjustment immediately upon receipt 10 of the request. 11 (B) COVERED INDIVIDUAL.—In this para- 12 graph, the term ‘‘covered individual’’ means an 13 individual with respect to whom the recovery of 14 any payment under title II, title VIII, or title 15 XVI of the Social Security Act of more than the 16 correct amount (other than a payment de- 17 scribed in subparagraph (A) of paragraph 18 (a)(2)) is in effect, by adjustment of the indi- 19 vidual’s monthly benefits or underpayments, for 20 any month during the period described in sub- 21 section (a)(1). 22 (2) RECOVERY BY INSTALLMENT AGREE- 23 MENTS.—Not later than October 31, 2020, the Com- 24 missioner of Social Security shall notify each party 25 VerDate Sep 11 2014 21:48 Oct 28, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4830.IS S4830 pbinns on DSKJLVW7X2PROD with BILLS 5 •S 4830 IS owing a debt to the Social Security Administration 1 (other than a debt arising from a payment described 2 in subparagraph (A) of paragraph (a)(2)) with re- 3 spect to which an installment agreement is in effect 4 of the opportunity to request that the installment 5 payments under such agreement be suspended dur- 6 ing the period described in subsection (a)(1), and 7 shall suspend such payments upon request. The 8 Commissioner shall deem a debt for which such a 9 suspension has been made to be not delinquent dur- 10 ing such period. 11 (c) REPORT.—Not later than November 30, 2020, 12 the Commissioner of Social Security shall submit a report 13 to the Committee on Finance of the Senate and the Com- 14 mittee on Ways and Means of the House of Representa- 15 tives describing the Commissioner’s activities under this 16 section, including a planned timeframe for the resumption 17 of overpayment processing and collection, and any barriers 18 or obstacles to that timeframe. 19 (d) DEEMED ELIGIBILITY FOR SSI FOR PURPOSES 20 OF DETERMINING MEDICAID ELIGIBILITY.— 21 (1) IN GENERAL.—Notwithstanding any provi- 22 sion of title XVI or title XIX of the Social Security 23 Act (or section 212(a) of Public Law 93–66), each 24 individual who receives a covered supplemental pay- 25 VerDate Sep 11 2014 21:48 Oct 28, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4830.IS S4830 pbinns on DSKJLVW7X2PROD with BILLS 6 •S 4830 IS ment for any month during the period described in 1 subsection (a)(1) and is subsequently determined to 2 be ineligible for such payment shall be deemed to be 3 a recipient of supplemental security income benefits 4 under title XVI, State supplementary benefits of the 5 type referred to in section 1616(a) of such Act, or 6 payments of the type described in section 212(a) of 7 Public Law 93–66, as the case may be, for such 8 month for purposes of determining the individual’s 9 eligibility for medical assistance under a State plan 10 approved under title XIX of the Social Security Act 11 (or a waiver of such plan). 12 (2) COVERED SUPPLEMENTAL PAYMENT.—For 13 purposes of this subsection, a covered supplemental 14 payment is— 15 (A) a payment of a supplemental security 16 income benefit under title XVI of the Social Se- 17 curity Act; or 18 (B) a State supplementary payment of the 19 type referred to in section 1616(a) of such Act 20 or a payment of the type described in section 21 212(a) of Public Law 93–66. 22 Æ VerDate Sep 11 2014 21:48 Oct 28, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\S4830.IS S4830 pbinns on DSKJLVW7X2PROD with BILLS