2023 New York Laws › SOS - Social Services › Article 4 - Residence and Removal › 122 - Noncitizens.

§ 122. Noncitizens.  1.  Notwithstanding  any  law to the contrary, no
person except a citizen or a noncitizen 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 noncitizen 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
noncitizen  status)  from  the  armed  forces,  or  (2) has a qualifying
condition, as defined in section one of the veterans' services law,  and
has received a discharge other than bad conduct or dishonorable (and not
on  account  of  noncitizen  status)  from the armed forces, or (3) is a
discharged LGBT veteran, as defined in  section  one  of  the  veterans'
services  law,  and  has  received a discharge other than bad conduct or
dishonorable (and not on account of noncitizen status)  from  the  armed
forces,  or  the  spouse,  unremarried  surviving  spouse  or  unmarried
dependent child of any such noncitizen, if such  noncitizen,  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)  a  noncitizen  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) a noncitizen 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) a noncitizen 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) a noncitizen 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  noncitizen  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)  A  noncitizen  who  is  not  ineligible  for federal supplemental
security income benefits  by  reason  of  noncitizen  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) Noncitizens 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 noncitizen, including a noncitizen 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 noncitizen
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 a noncitizen, 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 noncitizen for purposes of
determining the eligibility of such  noncitizen  for  assistance  funded
under the temporary 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 a noncitizen  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.