PUBLIC LAW 103-296—AUG. 15, 1994 108 STAT. 1497 uting factor material to the Secretary's determination that such individual is under a disability. "(B) In determining whether the 36-month period referred to in subparagraph (A) has elapsed— "(i) a month shall not be taken into account unless the Secretary determines, under regulations of the Secretary, that treatment required under this subsection is available to the individual for the month, and "(ii) any month for which a suspension is in effect for the individual under paragraph (1)(B) shall not be taken into account. "(8) Monthly insurance benefits under this title which would be payable to any individual (other than the disabled individual to whom benefits are not payable by reason of this subsection) on the basis of the wages and self-employment income of such disabled individual but for the provisions of paragraph (1), (4), or (7) shall be payable as though such paragraph did not apply. "(9) For purposes of this subsection, the term 'benefit based on disability' of an individual means a disability insurance benefit of such individual under section 223 or a child's, widow's, or widower's insurance benefit of such individual under section 202 based on the disability of such individual.". (B) REPORT.— Not later than December 31, 1996, the Secretary shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a full and complete report on the Secretary's activities under paragraph (5) of section 225(c) of the Social Security Act (as amended l3y subparagraph (A)). Such report shall include the number and percentage of individuals referred to in such paragraph who have not received regular drug testing since the effective date of such paragraph. (C) SUNSET OF 36-MONTH RULE. —Section 225(c)(7) of 42 USC 425 the Social Security Act (added by subparagraph (A)) shall cease to be effective with respect to benefits for months after September 2004. (D) PRESERVATION OF MEDICARE BENEFITS.— (i) Section 226 of such Act (42 U.S.C. 426) is amended by adding at the end the following: "(i) For purposes of this section, each person whose monthly insurance benefit for any month is terminated or is otherwise not payable solely by reason of paragraph (1) or (7) of section 225(c) shall be treated as entitled to such benefit for such month.". (ii) Section 226A of such Act (42 U.S.C. 426A) 42 USC 426-1. is amended by adding at the end the following: "(c) For purposes of this section, each person whose monthly insurance benefit for any month is terminated or is otherwise not payable solely by reason of paragraph (1) or (7) of section 225(c) shall be treated as entitled to such benefit for such month.". (E) EFFECTIVE DATE.— 42 USC 425 (i) IN GENERAL. —Except as otherwise provided in ^°^- this paragraph, the amendments made by this paragraph shall apply with respect to benefits based on disability (as defined in section 225(c)(9) of the Social Security Act, added by this section) which are otherwise payable in months beginning after 180 days after the date of the enactment of this Act. The Secretary Regulations. note.
�
