Us Congress 2025-2026 Regular Session

Us Congress House Bill HB2082 Compare Versions

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11 I
22 119THCONGRESS
33 1
44 STSESSION H. R. 2082
55 To amend title II of the Social Security Act to provide for long-term care
66 insurance benefits, and for other purposes.
77 IN THE HOUSE OF REPRESENTATIVES
88 MARCH11, 2025
99 Mr. S
1010 UOZZI(for himself and Mr. MOOLENAAR) introduced the following bill;
1111 which was referred to the Committee on Ways and Means
1212 A BILL
1313 To amend title II of the Social Security Act to provide
1414 for long-term care insurance benefits, and for other purposes.
1515 Be it enacted by the Senate and House of Representa-1
1616 tives of the United States of America in Congress assembled, 2
1717 SECTION 1. SHORT TITLE. 3
1818 This Act may be cited as the ‘‘Well-Being Insurance 4
1919 for Seniors to be at Home Act’’ or the ‘‘WISH Act’’. 5
2020 SEC. 2. FINDINGS; PURPOSE. 6
2121 (a) F
2222 INDINGS.—Congress finds the following: 7
2323 (1) More than half of Americans entering old 8
2424 age today will have a long-term services and sup-9
2525 ports (in this section referred to as ‘‘LTSS’’) need, 10
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2929 averaging $298,000 costs per person for about 2 1
3030 years of serious self-care disability, and more than 2
3131 half will be out-of-pocket, according to the U.S. De-3
3232 partment of Health and Human Services (in this 4
3333 section referred to as ‘‘HHS’’). 5
3434 (2) The population age 85 or older (which is a 6
3535 proxy for the number of elders needing LTSS) will 7
3636 double between 2022 and 2035, and nearly triple by 8
3737 2050. This aging will outpace the number of work-9
3838 ing-age people, including family members, who can 10
3939 help seniors financially or with unpaid care. 11
4040 (3) Research has shown that most U.S. seniors 12
4141 could only afford less than a year of nursing home 13
4242 care, assisted living care, or extensive home care 14
4343 using their financial resources. Some can get by 15
4444 using unpaid (family) care, but most rely on a com-16
4545 bination of paid and unpaid care. 17
4646 (4) More than 1 in 5 middle-income seniors will 18
4747 end up impoverished, Medicaid eligible, and mostly 19
4848 using Medicaid to cover their LTSS costs. 20
4949 (5) Millions of older Americans—1 in 5—will 21
5050 need LTSS for more than 5 years, with a price tag 22
5151 that would impoverish nearly all American house-23
5252 holds if they faced that need. HHS projections show 24
5353 that older adults who need LTSS for more than 5 25
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5757 years incur nearly half of all LTSS expenses and 60 1
5858 percent of Medicaid’s LTSS spending. 2
5959 (6) Only 1 in 10 American adults (11 percent) 3
6060 have any private coverage for LTSS expenses, leav-4
6161 ing almost all middle-class American families to ex-5
6262 haust their nest-eggs and become impoverished be-6
6363 fore qualifying for Medicaid. 7
6464 (7) The Nation urgently needs to create meth-8
6565 ods for ordinary Americans to be able to take re-9
6666 sponsibility to plan for the risk of a substantial pe-10
6767 riod of disability during retirement years. 11
6868 (8) Given that Americans move and work across 12
6969 State lines so frequently, State-based LTSS plans 13
7070 encounter difficult administrative issues. Therefore, 14
7171 a solution to address LTSS needs for seniors must 15
7272 be anchored in a Federal insurance plan. Addition-16
7373 ally, since the time just after onset of disability is 17
7474 more predictable and manageable, a Federal insur-18
7575 ance plan should cover the risk of especially long pe-19
7676 riods of long-term care, leaving the early period of 20
7777 need to personal responsibility. 21
7878 (9) Those methods must also responsibly sup-22
7979 port the workforce providing supports and services. 23
8080 (b) P
8181 URPOSE.—The purpose of this Act is to enable 24
8282 most Americans to make plans that protect themselves 25
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8686 and their families, to enable disabled older adults to sup-1
8787 port themselves in their communities during periods of se-2
8888 rious disability, to support the workforce providing direct 3
8989 services to elders living with disabilities, and to reduce 4
9090 what is now necessary reliance on Medicaid. 5
9191 SEC. 3. LONG-TERM CARE INSURANCE BENEFITS. 6
9292 (a) I
9393 NGENERAL.—Title II of the Social Security Act 7
9494 (42 U.S.C. 401 et seq.) is amended by adding at the end 8
9595 the following: 9
9696 ‘‘SEC. 235. LONG-TERM CARE INSURANCE BENEFITS. 10
9797 ‘‘(a) I
9898 NGENERAL.—Every individual who— 11
9999 ‘‘(1) has attained retirement age (as defined in 12
100100 section 216(l)(1)); 13
101101 ‘‘(2) has filed an application for long-term care 14
102102 insurance benefits; 15
103103 ‘‘(3) is insured for long-term care insurance 16
104104 benefits (as determined under subsection (c)) at the 17
105105 time such individual’s application is filed; and 18
106106 ‘‘(4) has a continual serious functional dis-19
107107 ability (as defined in subsection (d)) and, at the time 20
108108 such individual’s application is filed, has had such 21
109109 disability for a substantial period of time (as deter-22
110110 mined under subsection (e)), 23
111111 shall be entitled to a long-term care insurance benefit for 24
112112 each month beginning with the 1st month in which the 25
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116116 individual meets the criteria specified in paragraphs (1) 1
117117 through (4), and ending with the earlier of the month in 2
118118 which the individual dies or the 1st month in which the 3
119119 individual no longer has a continual serious functional dis-4
120120 ability (as so defined). 5
121121 ‘‘(b) B
122122 ENEFITAMOUNT.—Such individual’s long- 6
123123 term care insurance benefit for each month shall be an 7
124124 amount equal to the product of— 8
125125 ‘‘(1) an estimate, to be determined by the Sec-9
126126 retary of Health and Human Services in consulta-10
127127 tion with the Department of Labor, of the median 11
128128 cost of 6 hours per day of paid personal assistance 12
129129 in the United States, indexed to wages in the long- 13
130130 term care sector, multiplied by 14
131131 ‘‘(2) the ratio (not greater than 1) of the num-15
132132 ber of quarters of coverage the individual has during 16
133133 the applicable base period (as defined in subsection 17
134134 (c)(2)) to 40. 18
135135 ‘‘(c) D
136136 EFINITION OFINSUREDSTATUS.— 19
137137 ‘‘(1) I
138138 N GENERAL.—For purposes of subsection 20
139139 (a), an individual shall be insured for long-term care 21
140140 insurance benefits in any month if the individual has 22
141141 6 quarters of coverage during the applicable base pe-23
142142 riod. 24
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146146 ‘‘(2) APPLICABLE BASE PERIOD .—For purposes 1
147147 of this subsection, the term ‘applicable base period’ 2
148148 means the period that begins with the 1st quarter of 3
149149 2026. 4
150150 ‘‘(d) D
151151 EFINITION OFCONTINUALSERIOUSFUNC-5
152152 TIONALDISABILITY.—For purposes of subsection (a), an 6
153153 individual shall be considered to have a continual serious 7
154154 functional disability if the person is a chronically ill indi-8
155155 vidual (as determined under section 7702B(c)(2) of the 9
156156 Internal Revenue Code of 1986) and is expected to remain 10
157157 a chronically ill individual (as so determined) for at least 11
158158 1 year or until the individual’s death. 12
159159 ‘‘(e) D
160160 EFINITION OFSUBSTANTIALPERIOD.— 13
161161 ‘‘(1) I
162162 N GENERAL.—For purposes of subsection 14
163163 (a), a substantial period of time means— 15
164164 ‘‘(A) in the case of an individual who, at 16
165165 the time described in paragraph (3), has aver-17
166166 age indexed monthly earnings for long-term 18
167167 care equal to or less than the dollar amount 19
168168 representing the 40th percentile in the table es-20
169169 tablished under subsection (f) for such calendar 21
170170 year, 12 months; and 22
171171 ‘‘(B) in the case of an individual who, at 23
172172 such time, has average indexed monthly earn-24
173173 ings for long-term care greater than such dollar 25
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177177 amount, 12 months plus 1 additional month for 1
178178 each 1.25 percentile interval above the 40th 2
179179 percentile for which the individual’s average in-3
180180 dexed monthly earnings for long-term care 4
181181 would attain (as specified in such table). 5
182182 ‘‘(2) T
183183 ABLE OF EARNINGS.— 6
184184 ‘‘(A) I
185185 N GENERAL.—The Commissioner of 7
186186 Social Security shall establish a table, for each 8
187187 calendar year beginning with calendar year 9
188188 2026, setting forth— 10
189189 ‘‘(i) the dollar amount representing 11
190190 the 40th percentile among the average in-12
191191 dexed monthly earnings for long-term care 13
192192 (as determined under subparagraph (B)) 14
193193 of each individual who has attained age 62 15
194194 and whose primary insurance amount is 16
195195 first computed during such calendar year 17
196196 (or, for calendar year 2036, during any 18
197197 previous calendar year); and 19
198198 ‘‘(ii) the dollar amounts representing 20
199199 percentiles over 40 (increasing linearly 21
200200 from 40 in intervals of 1.25) among the 22
201201 average indexed monthly earnings for long- 23
202202 term care (as so determined) of each such 24
203203 individual. 25
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207207 ‘‘(B) DETERMINATION OF AVERAGE IN -1
208208 DEXED MONTHLY EARNINGS FOR LONG -TERM 2
209209 CARE.—For purposes of this subsection, the av-3
210210 erage indexed monthly earnings for long-term 4
211211 care of an individual shall be determined under 5
212212 section 215(b) (as in effect on the date of en-6
213213 actment of this Act) as if such section were 7
214214 amended— 8
215215 ‘‘(i) in paragraph (2)(A), by striking 9
216216 ‘reduced—’ and all that follows through 10
217217 the end and inserting ‘reduced by the num-11
218218 ber of benefit computation years for which 12
219219 no wages were paid in and no self-employ-13
220220 ment income credited.’; and 14
221221 ‘‘(ii) in paragraph (2)(B)(ii), by strik-15
222222 ing ‘1950’ and inserting ‘2025’. 16
223223 ‘‘(3) T
224224 IME OF CALCULATION .—The time de-17
225225 scribed in this paragraph is— 18
226226 ‘‘(A) in the case of an individual who has 19
227227 40 quarters of coverage during the applicable 20
228228 base period (as defined in subsection (c)(2)) 21
229229 prior to becoming entitled to old-age insurance 22
230230 benefits, the time at which the individual’s pri-23
231231 mary insurance amount was first computed 24
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235235 with respect to the individual’s application for 1
236236 such benefits; and 2
237237 ‘‘(B) in the case of any other individual, 3
238238 the time at which the individual files an appli-4
239239 cation for long-term care insurance benefits 5
240240 under this section. 6
241241 ‘‘(f) P
242242 ROVISION OFINFORMATIONRELATING TOOB-7
243243 TAININGLONG-TERMCARE.—The Commissioner of So-8
244244 cial Security shall provide to each individual entitled to 9
245245 a long-term care insurance benefit under this section, as 10
246246 soon as practicable following the first day of the first 11
247247 month of such entitlement, information describing the 12
248248 steps the individual may take to obtain long-term care, 13
249249 including an explanation of the services (including care 14
250250 planning, care management, and administrative services 15
251251 for hired care providers, by referral or in-house, for a fee) 16
252252 provided by, and the appropriate contact information for, 17
253253 the Aging and Disability Resource Centers described in 18
254254 section 202(b)(8) of the Older Americans Act of 1965 and 19
255255 the area agencies on aging (as defined in section 102(6) 20
256256 of such Act). 21
257257 ‘‘(g) P
258258 ROVISION OFBENEFICIARYINFORMATION BY 22
259259 A
260260 NYPERSON.—Any person may submit applicable infor-23
261261 mation with respect to an individual’s application for long- 24
262262 term care insurance benefits, an annual statement de-25
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266266 scribed under subsection (i)(2), or any other information 1
267267 required to be submitted by the individual under this title, 2
268268 including, as applicable, the individual’s representative, or 3
269269 any family member or other appropriate person. 4
270270 ‘‘(h) T
271271 REATMENT OFLONG-TERMCAREINSURANCE 5
272272 B
273273 ENEFITPAYMENTS.—A long-term care insurance benefit 6
274274 payment shall not be regarded as income and shall not 7
275275 be regarded as a resource for any month, for purposes 8
276276 of determining the eligibility of the recipient (or the recipi-9
277277 ent’s spouse or family) for benefits or assistance under 10
278278 any Federal program or under any State or local program 11
279279 financed in whole or in part with Federal funds. 12
280280 ‘‘(i) A
281281 DDITIONALREQUIREMENTS.— 13
282282 ‘‘(1) R
283283 ELATING TO WAGES AND WITHHOLDING 14
284284 RULES.—An individual entitled to a long-term care 15
285285 insurance benefit for a month during a calendar 16
286286 year shall, in any case in which such individual hires 17
287287 an employee who is not a family member to provide 18
288288 paid personal care to the individual during such 19
289289 month, comply with all applicable State and Federal 20
290290 laws relating to— 21
291291 ‘‘(A) the payment of a minimum wage; and 22
292292 ‘‘(B) the withholding of payroll taxes and 23
293293 other employment-related taxes. 24
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297297 ‘‘(2) ANNUAL STATEMENT .—An individual enti-1
298298 tled to a long-term care insurance benefit for a 2
299299 month during a calendar year shall submit a state-3
300300 ment to the Commissioner of Social Security at least 4
301301 once during such calendar year, as directed by the 5
302302 Commissioner— 6
303303 ‘‘(A) affirming that the individual— 7
304304 ‘‘(i) continues to have a continual se-8
305305 rious functional disability (as defined in 9
306306 subsection (d)); and 10
307307 ‘‘(ii) is in compliance with the laws 11
308308 described in paragraph (1); and 12
309309 ‘‘(B) specifying the country of residence of 13
310310 the individual. 14
311311 ‘‘(3) N
312312 ONPAYMENT OF BENEFITS IN CERTAIN 15
313313 CASES.—No long-term care insurance benefit shall 16
314314 be payable to an individual for any month— 17
315315 ‘‘(A) with respect to which the individual 18
316316 fails to satisfy any of the requirements de-19
317317 scribed in the preceding paragraphs of this sub-20
318318 section; or 21
319319 ‘‘(B) beginning after the fifth consecutive 22
320320 year with respect to which the individual has re-23
321321 ported, in the annual statement required under 24
322322 paragraph (2), a country of residence other 25
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326326 than the United States (including any territory 1
327327 of the United States).’’. 2
328328 (b) E
329329 STIMATES OFBENEFITS.—Section 1143(a)(2) 3
330330 of the Social Security Act (42 U.S.C. 1320b–13) is 4
331331 amended— 5
332332 (1) in subparagraph (D), by striking ‘‘and’’ at 6
333333 the end; 7
334334 (2) in subparagraph (E), by striking the period 8
335335 at the end and inserting ‘‘; and’’; and 9
336336 (3) by adding at the end the following: 10
337337 ‘‘(F) an estimate of the potential long-term care 11
338338 insurance benefits payable to the individual.’’. 12
339339 SEC. 4. ESTABLISHMENT OF FEDERAL LONG-TERM CARE 13
340340 INSURANCE TRUST FUND. 14
341341 (a) I
342342 NGENERAL.—There is hereby created on the 15
343343 books of the Treasury of the United States a trust fund 16
344344 to be known as the ‘‘Federal Long-Term Care Insurance 17
345345 Trust Fund’’. The Federal Long-Term Care Insurance 18
346346 Trust Fund shall consist of such gifts and bequests as 19
347347 may be made as provided in section 201(i)(1) of the Social 20
348348 Security Act (42 U.S.C. 401(i)(1)) and such amounts as 21
349349 may be appropriated to, or deposited in, the Federal Long- 22
350350 Term Care Insurance Trust Fund as provided in this sec-23
351351 tion. 24
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355355 (b) APPROPRIATION.—There is appropriated to the 1
356356 Federal Long-Term Care Insurance Trust Fund out of 2
357357 moneys in the Treasury not otherwise appropriated— 3
358358 (1) for each of fiscal years 2026, 2027, and 4
359359 2028, $12,000,000 for the initial establishment of 5
360360 the Long-Term Care Insurance program and pay-6
361361 ment of benefits during such fiscal years; and 7
362362 (2) $50,000,000 for public education relating to 8
363363 the Long-Term Care Insurance program as de-9
364364 scribed in section 6(a). 10
365365 (c) M
366366 ANAGEMENT OF TRUSTFUND.—The provisions 11
367367 of subsections (c), (d), (e), (f), (i), and (m) of section 201 12
368368 of the Social Security Act (42 U.S.C. 401) shall apply with 13
369369 respect to the Federal Long-Term Care Insurance Trust 14
370370 Fund in the same manner as such provisions apply to the 15
371371 Federal Old-Age and Survivors Insurance Trust Fund and 16
372372 the Disability Insurance Trust Fund, except that the Man-17
373373 aging Trustee (within the meaning of subsection (d) of 18
374374 such section) may invest such portion of the Federal 19
375375 Long-Term Care Insurance Trust Fund as the Managing 20
376376 Trustee considers appropriate in conservative market se-21
377377 curities. 22
378378 (d) A
379379 DMINISTRATION.—There are authorized to be 23
380380 made available for expenditure, out of the Federal Long- 24
381381 Term Care Insurance Trust Fund, such sums as may be 25
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385385 necessary to pay the costs of the administration of section 1
386386 3, including start-up costs, technical assistance, outreach, 2
387387 education, evaluation, and reporting. 3
388388 (e) R
389389 EPORT.—Not later than 5 years after the date 4
390390 of enactment of this Act and every 5 years thereafter, the 5
391391 Board of Trustees (as defined for purposes of title II of 6
392392 the Social Security Act) shall submit a report to Congress 7
393393 evaluating the impact of long-term care insurance benefits 8
394394 under section 235 of such Act and making recommenda-9
395395 tions relating to potential geographical adjustments of the 10
396396 amount of such benefits. 11
397397 (f) A
398398 LLOWINGGIFTSTOBEMADE TO THEFEDERAL 12
399399 L
400400 ONG-TERMCAREINSURANCETRUSTFUND.—Section 13
401401 201(i)(1) of the Social Security Act (42 U.S.C. 401(i)(1)) 14
402402 is amended— 15
403403 (1) by striking ‘‘, or the Federal’’ and inserting 16
404404 ‘‘, the Federal’’; and 17
405405 (2) by inserting after ‘‘in such Trust Fund)’’ 18
406406 the following: ‘‘, or the Federal Long-Term Care In-19
407407 surance Trust Fund established under the Well- 20
408408 Being Insurance for Seniors to be at Home Act’’. 21
409409 SEC. 5. EDUCATION AND OUTREACH. 22
410410 (a) P
411411 UBLICEDUCATIONPLAN.— 23
412412 (1) I
413413 N GENERAL.—Not later than 90 days after 24
414414 the date of enactment of this Act, the Secretary of 25
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418418 Health and Human Services, in consultation with 1
419419 the Commissioner of Social Security, shall publish in 2
420420 the Federal Register a 10-year plan to educate the 3
421421 public about the likelihood of needing long-term 4
422422 care, the nature of the experience of long-term care 5
423423 in various situations, the costs of long-term care, the 6
424424 availability of long-term care insurance benefits, and 7
425425 the importance of planning and considering private 8
426426 insurance coverage alongside family support and 9
427427 savings (especially during the first years of a serious 10
428428 disability). Such plan shall be modified as necessary 11
429429 based on research on the effectiveness of various 12
430430 strategies and modifications with experience. 13
431431 (2) F
432432 UNDING.—There are appropriated, out of 14
433433 the Federal Long-Term Care Insurance Trust Fund, 15
434434 to the Secretary of Health and Human Services 16
435435 $50,000,000 to carry out paragraph (1). 17
436436 (b) I
437437 NDIVIDUALNOTICES.— 18
438438 (1) I
439439 N GENERAL.—Beginning 1 year after the 19
440440 date of enactment of this Act and in accordance with 20
441441 paragraph (2), the Commissioner of Social Security 21
442442 shall provide to each eligible individual a notice that 22
443443 specifies— 23
444444 (A)(i) the average indexed monthly earn-24
445445 ings for long-term care that would be calculated 25
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449449 for the individual under paragraph (2)(B) of 1
450450 section 235(e) of the Social Security Act if such 2
451451 average indexed monthly earnings for long-term 3
452452 care were calculated in the month before the 4
453453 month such notice is provided; and 5
454454 (ii) for purposes of applying such section 6
455455 to the individual, the percentile in which such 7
456456 average indexed monthly earnings for long-term 8
457457 care of the individual would fall among the av-9
458458 erage indexed monthly earnings for long-term 10
459459 care (as determined under such paragraph 11
460460 (2)(B)) of each individual whose average in-12
461461 dexed monthly earnings for long-term care are 13
462462 calculated in such month; 14
463463 (B) the number of quarters of coverage the 15
464464 individual has in the month before the month 16
465465 such notice is provided for purposes of attaining 17
466466 insured status for long-term care insurance 18
467467 benefits under such Act; and 19
468468 (C) in any case in which the individual has 20
469469 a continual serious functional disability (as de-21
470470 fined in section 235(d) of such Act), the date 22
471471 on which such disability began. 23
472472 (2) T
473473 IMING.—A notice described in paragraph 24
474474 (1) shall be provided— 25
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478478 (A) by mail— 1
479479 (i) to each eligible individual not later 2
480480 than 540 days of the date of enactment of 3
481481 this Act; and 4
482482 (ii) to each eligible individual in the 5
483483 month the individual attains age 45, age 6
484484 55, age 65, and retirement age (as defined 7
485485 in section 216(l) of such Act); and 8
486486 (B) for each eligible individual who has at-9
487487 tained age 35, by making such notice available 10
488488 on the individual’s account on the website of 11
489489 the Social Security Administration, to be up-12
490490 dated annually. 13
491491 (3) E
492492 LIGIBLE INDIVIDUAL.—In this subsection, 14
493493 the term ‘‘eligible individual’’ means an individual— 15
494494 (A) who has a social security account num-16
495495 ber; and 17
496496 (B)(i) who has wages or net earnings from 18
497497 self-employment; or 19
498498 (ii) with respect to whom the Commis-20
499499 sioner has information that the pattern of 21
500500 wages or self-employment income indicate a 22
501501 likelihood of noncovered employment. 23
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504504 •HR 2082 IH
505505 SEC. 6. GAO REPORT ON PERFORMANCE OF THE WISH PRO-1
506506 GRAM. 2
507507 Not later than 5 years after the date of enactment 3
508508 of this Act and every 3 years thereafter, the Comptroller 4
509509 General shall submit a report to Congress including— 5
510510 (1) a description of the likelihood of manipula-6
511511 tion of eligibility criteria by beneficiaries or bene-7
512512 ficiary advisors and recommendations as to the mer-8
513513 its of possible remedies; 9
514514 (2) a description of the likelihood of financial 10
515515 exploitation or elder mistreatment by others on 11
516516 whom a beneficiary is dependent or otherwise con-12
517517 nected and recommendations as to the merits of pos-13
518518 sible remedies, including the merits of imposing a fi-14
519519 nancial management service or fiscal intermediary as 15
520520 has often been implemented by states in Medicaid’s 16
521521 Cash and Counseling program; and 17
522522 (3) a description of the marketplace and con-18
523523 sumer understanding of long-term insurance offer-19
524524 ings and recommendations as to the merits of pos-20
525525 sible remedies, including the merits of standardizing 21
526526 insurance offerings to improve consumer under-22
527527 standing. 23
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530530 •HR 2082 IH
531531 SEC. 7. REPORT ON REMAINING LONG-TERM SUPPORTS 1
532532 AND SERVICES NEEDS. 2
533533 Not later than 3 years after the date of enactment 3
534534 of this Act and every 3 years thereafter, the Secretary of 4
535535 Health and Human Services, acting through the Adminis-5
536536 trator of the Administration on Community Living and in 6
537537 consultation with the Commissioner of Social Security, 7
538538 shall submit a plan to Congress that includes— 8
539539 (1) estimates of the long-term services and sup-9
540540 ports needed by individuals who are not eligible for 10
541541 benefits under section 235 of the Social Security 11
542542 Act, including individuals disabled in childhood, indi-12
543543 viduals living with disabilities before retirement age, 13
544544 and individuals who are not insured for benefits 14
545545 under such section; and 15
546546 (2) proposed strategies and costs of mitigating 16
547547 unmet needs for such individuals. 17
548548 Æ
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