NY Soc Serv L § 122 (2021)
2021 New York Laws SOS - Social Services Article 4 - Residence and Removal 122 - Aliens.

§  122.  Aliens. 1. Notwithstanding any law to the contrary, no person except a citizen or an alien who has been duly naturalized as a  citizen shall  be  eligible  for  additional  state payments for aged, blind and disabled persons, family assistance,  safety  net  assistance,  services funded  under  title  XX  of the federal social security act, or medical assistance, subject to the following exceptions:  (a) The  following  persons  shall,  if  otherwise  eligible,  receive benefits under such programs:  (i)  a  refugee who entered the United States within the previous five years with respect to benefits under the temporary assistance  to  needy families  block  grant program and the safety net assistance program and within the previous seven years with respect to medical assistance;  (ii) an asylee who was granted asylum within the previous  five  years with  respect  to  benefits  under  the  temporary  assistance  to needy families block grant program and the safety net assistance  program  and within the previous seven years with respect to medical assistance;  (iii)  a  person for whom deportation was withheld within the previous five years with respect to benefits under the  temporary  assistance  to needy families block grant program and the safety net assistance program and within the previous seven years with respect to medical assistance;  (iv)  except  as  otherwise required by federal law, a person lawfully admitted for permanent residence who has worked for or can  be  credited with  forty qualifying quarters as defined under title II of the federal Social Security Act, exclusive of any quarter after the thirty-first day of December, nineteen hundred ninety-six in which such  person  or  such person's parent or spouse received any federal means tested assistance;  (v)  any alien lawfully residing in the state who is on active duty in the armed forces (other than active duty for training) or  who  (1)  has received  an  honorable  discharge (and not on account of alienage) from the armed forces, or (2) has  a  qualifying  condition,  as  defined  in section  three  hundred  fifty  of the executive law, and has received a discharge other than bad conduct or dishonorable (and not on account  of alienage) from the armed forces, or (3) is a discharged LGBT veteran, as defined  in  section  three  hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable (and not  on account  of  alienage) from the armed forces, or the spouse, unremarried surviving spouse or unmarried dependent child of any such alien, if such alien, spouse or dependent child is a  qualified  alien  as  defined  in section  431 of the federal personal responsibility and work opportunity reconciliation act of 1996 (8 U.S. Code 1641), as amended;  (vi) an alien granted status as a Cuban and Haitian entrant as defined in section 501(e) of the federal Refugee Education Act  of  1980  within the  previous  five  years  with respect to benefits under the temporary assistance to  needy  families  block  grant  program,  and  safety  net assistance  and  within the previous seven years with respect to medical assistance; and  (vii) an alien admitted to the United States as an Amerasian immigrant as  described  in  section  402(a)(2)(A)   of   the   federal   personal responsibility  and  work  opportunity reconciliation act of 1996 within the previous five years with respect to  benefits  under  the  temporary assistance  to  needy  families  block  grant  program,  and  safety net assistance and within the previous seven years with respect  to  medical assistance.  (b)  The  following  persons,  not  described in paragraph (a) of this subdivision, shall,  if  otherwise  eligible,  be  eligible  for  family assistance, medical assistance, and safety net assistance:  (i) an alien who is a qualified alien as defined in section 431 of the federal  personal responsibility and work opportunity reconciliation act  of 1996 (8 U.S. Code 1641), as amended, who entered  the  United  States before  the twenty-second day of August, nineteen hundred ninety-six and continuously resided in the  United  States  until  attaining  qualified status; and  (ii)  a  qualified  alien  who entered the United States five years or more earlier with a status within the meaning  of  the  term  "qualified alien"  as defined in section 431 of the federal personal responsibility and work opportunity reconciliation act of 1996 (8 U.S. Code  1641),  as amended,  if  such  entry  occurred on or after the twenty-second day of August, nineteen hundred ninety-six.  (c) The following persons, not described in paragraph (a)  or  (b)  of this  subdivision,  shall, if otherwise eligible, be eligible for safety net assistance and medical assistance, except  that  medical  assistance shall  be  limited to care and services (not including care and services related to an organ transplant procedure) necessary for the treatment of an emergency medical condition as that term is defined in  section  1903 of  the  federal  social security act unless and until federal financial participation is available for the costs of providing medical assistance provided, however, that any such  person  who,  on  the  fourth  day  of August,  nineteen  hundred  ninety-seven  was  residing in a residential health care facility licensed by  the  department  of  health  or  in  a residential  facility  licensed,  operated  or  funded  by the office of mental health or the office for people with developmental  disabilities, and  was  in  receipt  of  a medical assistance authorization based on a finding that he or she was a person permanently residing in  the  United States  under color of law shall, if otherwise eligible, be eligible for medical assistance and provided, further, that any such person  who,  on the  fourth  day of August, nineteen hundred ninety-seven, was diagnosed as having AIDS, as defined in subdivision one of  section  two  thousand seven  hundred  eighty  of  the public health law, and was in receipt of medical assistance authorization pursuant to  title  eleven  of  article five  of  this  chapter  based  on a finding that he or she was a person permanently residing in the United States under color of law  shall,  if otherwise eligible, be eligible for medical assistance:  (i)  a  qualified  alien  who entered the United States less than five years earlier or for less than five years has had a  status  within  the meaning  of  the term "qualified alien" as defined in section 431 of the federal personal responsibility and work opportunity reconciliation  act of  1996  (8  U.S.  Code 1641), as amended, if such entry occurred on or after the twenty-second day of August, nineteen hundred ninety-six; and  (ii) an alien whose status is not  within  the  meaning  of  the  term "qualified  alien"  as  defined  in  section 431 of the federal personal responsibility and work opportunity reconciliation act of 1996  (8  U.S. Code 1641), as amended, but who is otherwise permanently residing in the United States under color of law.  (d)  A person paroled into the United States for a period of less than one year shall, if otherwise eligible, be eligible to receive any  state or  local non-federal assistance provided under this chapter on the same terms as such programs are available to persons who are qualified aliens as defined in section 431 of the  federal  personal  responsibility  and work  opportunity  reconciliation  act  of  1996  (8 U.S. Code 1641), as amended.  (e) Nothing  herein  shall  preclude  the  receipt  by  any  alien  of community based non-cash assistance in accordance with the directions of the  United States attorney general or the receipt of medical assistance for care and services (not including care and  services  related  to  an organ  transplant  procedure)  necessary  to  treat an emergency medical  condition as that term is defined in section 1903 of the federal  social security act.  (f)  An  alien who is not ineligible for federal supplemental security income benefits by reason of alien status shall, if otherwise  eligible, be  eligible  to  receive  additional  state payments for aged, blind or disabled persons under section two hundred nine of this chapter.  (g)  Aliens  receiving  supplemental  security  income   benefits   or additional  state  payments  for  aged, blind and disabled persons under section two hundred nine of this chapter shall be eligible  for  medical assistance if otherwise eligible.  (h) Qualified aliens as defined in section 431 of the federal personal responsibility  and  work opportunity reconciliation act of 1996 (8 U.S. Code 1641), as amended, if otherwise eligible and  except  as  otherwise provided  by  federal  law,  shall  be eligible for services pursuant to title XX of the federal social security act.   2. Any alien, including an alien who  is  not  a  qualified  alien  as defined  in  section 431 of the federal personal responsibility and work opportunity reconciliation act of 1996 (8 U.S. Code 1641),  as  amended, is  eligible  for  adult protective services and services and assistance relating to child protection to the extent that such person is otherwise eligible pursuant to this chapter and the regulations of the department.   3. Each social services district shall report to  the  department,  in accordance  with regulations of the department, the name and address and other identifying information known to it  with  respect  to  any  alien known to be unlawfully in the United States.   4.  To  the extent permitted by federal law and regulation, the income and resources of a sponsor of an alien, who has signed an  affidavit  of support  pursuant  to section 213A of the immigration and naturalization act, and the income and resources of such  sponsor's  spouse,  shall  be deemed   available  to  such  alien  for  purposes  of  determining  the eligibility of such alien for  assistance  funded  under  the  temporary assistance to needy families block grant and medical assistance.   5.  If  and  to  the  extent  that  the  family assistance, safety net assistance, state  additional  payments  in  the  supplemental  security income  program,  emergency assistance to aged, blind or disabled adults or medical assistance is paid to or on behalf of an alien  for  whom  an affidavit  of  support  pursuant  to section 213A of the immigration and naturalization act has been signed, the social services  district  shall request  reimbursement  by the sponsor in the amount of such assistance, and, if the sponsor does not within  forty-five  days  of  such  request indicate  a  willingness  to  commence  payments,  such  social services district may commence an action against  the  sponsor  pursuant  to  the affidavit. Remedies available to enforce an affidavit of support include all  of  the remedies described in sections 3201, 3202, 3204 and 3205 of title 28 of the United States Code, as well as  an  order  for  specific performance and payment of legal fees and other costs of collection, and include  corresponding  remedies  available  under  state law; provided, however, that no action shall be  brought  more  than  ten  years  after assistance was last given.   6.  Nothing  in  this  section  shall  be interpreted as affecting the eligibility for pre-natal care benefits for persons  otherwise  eligible for such benefits.