2012 New York Consolidated Laws
SOS - Social Services
Article 4 - (117 - 122) 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  has
  received  an  honorable  discharge (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  of mental retardation and 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.