N.Y. Soc. Serv. Law § 122

§ 122. Aliens. 1. Notwithstanding any law to the contrary, no person\nexcept a citizen or an alien who has been duly naturalized as a citizen\nshall be eligible for additional state payments for aged, blind and\ndisabled persons, family assistance, safety net assistance, services\nfunded under title XX of the federal social security act, or medical\nassistance, subject to the following exceptions:\n (a) The following persons shall, if otherwise eligible, receive\nbenefits under such programs:\n (i) a refugee who entered the United States within the previous five\nyears with respect to benefits under the temporary assistance to needy\nfamilies block grant program and the safety net assistance program and\nwithin the previous seven years with respect to medical assistance;\n (ii) an asylee who was granted asylum within the previous five years\nwith respect to benefits under the temporary assistance to needy\nfamilies block grant program and the safety net assistance program and\nwithin the previous seven years with respect to medical assistance;\n (iii) a person for whom deportation was withheld within the previous\nfive years with respect to benefits under the temporary assistance to\nneedy families block grant program and the safety net assistance program\nand within the previous seven years with respect to medical assistance;\n (iv) except as otherwise required by federal law, a person lawfully\nadmitted for permanent residence who has worked for or can be credited\nwith forty qualifying quarters as defined under title II of the federal\nSocial Security Act, exclusive of any quarter after the thirty-first day\nof December, nineteen hundred ninety-six in which such person or such\nperson's parent or spouse received any federal means tested assistance;\n (v) any alien lawfully residing in the state who is on active duty in\nthe armed forces (other than active duty for training) or who has\nreceived an honorable discharge (and not on account of alienage) from\nthe armed forces or the spouse, unremarried surviving spouse or\nunmarried dependent child of any such alien, if such alien, spouse or\ndependent child is a qualified alien as defined in section 431 of the\nfederal personal responsibility and work opportunity reconciliation act\nof 1996 (8 U.S. Code 1641), as amended;\n (vi) an alien granted status as a Cuban and Haitian entrant as defined\nin section 501(e) of the federal Refugee Education Act of 1980 within\nthe previous five years with respect to benefits under the temporary\nassistance to needy families block grant program, and safety net\nassistance and within the previous seven years with respect to medical\nassistance; and\n (vii) an alien admitted to the United States as an Amerasian immigrant\nas described in section 402(a)(2)(A) of the federal personal\nresponsibility and work opportunity reconciliation act of 1996 within\nthe previous five years with respect to benefits under the temporary\nassistance to needy families block grant program, and safety net\nassistance and within the previous seven years with respect to medical\nassistance.\n (b) The following persons, not described in paragraph (a) of this\nsubdivision, shall, if otherwise eligible, be eligible for family\nassistance, medical assistance, and safety net assistance:\n (i) an alien who is a qualified alien as defined in section 431 of the\nfederal personal responsibility and work opportunity reconciliation act\nof 1996 (8 U.S. Code 1641), as amended, who entered the United States\nbefore the twenty-second day of August, nineteen hundred ninety-six and\ncontinuously resided in the United States until attaining qualified\nstatus; and\n (ii) a qualified alien who entered the United States five years or\nmore earlier with a status within the meaning of the term "qualified\nalien" as defined in section 431 of the federal personal responsibility\nand work opportunity reconciliation act of 1996 (8 U.S. Code 1641), as\namended, if such entry occurred on or after the twenty-second day of\nAugust, nineteen hundred ninety-six.\n (c) The following persons, not described in paragraph (a) or (b) of\nthis subdivision, shall, if otherwise eligible, be eligible for safety\nnet assistance and medical assistance, except that medical assistance\nshall be limited to care and services (not including care and services\nrelated to an organ transplant procedure) necessary for the treatment of\nan emergency medical condition as that term is defined in section 1903\nof the federal social security act unless and until federal financial\nparticipation is available for the costs of providing medical assistance\nprovided, however, that any such person who, on the fourth day of\nAugust, nineteen hundred ninety-seven was residing in a residential\nhealth care facility licensed by the department of health or in a\nresidential facility licensed, operated or funded by the office of\nmental health or the office of mental retardation and developmental\ndisabilities, and was in receipt of a medical assistance authorization\nbased on a finding that he or she was a person permanently residing in\nthe United States under color of law shall, if otherwise eligible, be\neligible for medical assistance and provided, further, that any such\nperson who, on the fourth day of August, nineteen hundred ninety-seven,\nwas diagnosed as having AIDS, as defined in subdivision one of section\ntwo thousand seven hundred eighty of the public health law, and was in\nreceipt of medical assistance authorization pursuant to title eleven of\narticle five of this chapter based on a finding that he or she was a\nperson permanently residing in the United States under color of law\nshall, if otherwise eligible, be eligible for medical assistance:\n (i) a qualified alien who entered the United States less than five\nyears earlier or for less than five years has had a status within the\nmeaning of the term "qualified alien" as defined in section 431 of the\nfederal personal responsibility and work opportunity reconciliation act\nof 1996 (8 U.S. Code 1641), as amended, if such entry occurred on or\nafter the twenty-second day of August, nineteen hundred ninety-six; and\n (ii) an alien whose status is not within the meaning of the term\n"qualified alien" as defined in section 431 of the federal personal\nresponsibility and work opportunity reconciliation act of 1996 (8 U.S.\nCode 1641), as amended, but who is otherwise permanently residing in the\nUnited States under color of law.\n (d) A person paroled into the United States for a period of less than\none year shall, if otherwise eligible, be eligible to receive any state\nor local non-federal assistance provided under this chapter on the same\nterms as such programs are available to persons who are qualified aliens\nas defined in section 431 of the federal personal responsibility and\nwork opportunity reconciliation act of 1996 (8 U.S. Code 1641), as\namended.\n (e) Nothing herein shall preclude the receipt by any alien of\ncommunity based non-cash assistance in accordance with the directions of\nthe United States attorney general or the receipt of medical assistance\nfor care and services (not including care and services related to an\norgan transplant procedure) necessary to treat an emergency medical\ncondition as that term is defined in section 1903 of the federal social\nsecurity act.\n (f) An alien who is not ineligible for federal supplemental security\nincome benefits by reason of alien status shall, if otherwise eligible,\nbe eligible to receive additional state payments for aged, blind or\ndisabled persons under section two hundred nine of this chapter.\n (g) Aliens receiving supplemental security income benefits or\nadditional state payments for aged, blind and disabled persons under\nsection two hundred nine of this chapter shall be eligible for medical\nassistance if otherwise eligible.\n (h) Qualified aliens as defined in section 431 of the federal personal\nresponsibility and work opportunity reconciliation act of 1996 (8 U.S.\nCode 1641), as amended, if otherwise eligible and except as otherwise\nprovided by federal law, shall be eligible for services pursuant to\ntitle XX of the federal social security act.\n 2. Any alien, including an alien who is not a qualified alien as\ndefined in section 431 of the federal personal responsibility and work\nopportunity reconciliation act of 1996 (8 U.S. Code 1641), as amended,\nis eligible for adult protective services and services and assistance\nrelating to child protection to the extent that such person is otherwise\neligible pursuant to this chapter and the regulations of the department.\n 3. Each social services district shall report to the department, in\naccordance with regulations of the department, the name and address and\nother identifying information known to it with respect to any alien\nknown to be unlawfully in the United States.\n 4. To the extent permitted by federal law and regulation, the income\nand resources of a sponsor of an alien, who has signed an affidavit of\nsupport pursuant to section 213A of the immigration and naturalization\nact, and the income and resources of such sponsor's spouse, shall be\ndeemed available to such alien for purposes of determining the\neligibility of such alien for assistance funded under the temporary\nassistance to needy families block grant and medical assistance.\n 5. If and to the extent that the family assistance, safety net\nassistance, state additional payments in the supplemental security\nincome program, emergency assistance to aged, blind or disabled adults\nor medical assistance is paid to or on behalf of an alien for whom an\naffidavit of support pursuant to section 213A of the immigration and\nnaturalization act has been signed, the social services district shall\nrequest reimbursement by the sponsor in the amount of such assistance,\nand, if the sponsor does not within forty-five days of such request\nindicate a willingness to commence payments, such social services\ndistrict may commence an action against the sponsor pursuant to the\naffidavit. Remedies available to enforce an affidavit of support include\nall of the remedies described in sections 3201, 3202, 3204 and 3205 of\ntitle 28 of the United States Code, as well as an order for specific\nperformance and payment of legal fees and other costs of collection, and\ninclude corresponding remedies available under state law; provided,\nhowever, that no action shall be brought more than ten years after\nassistance was last given.\n 6. Nothing in this section shall be interpreted as affecting the\neligibility for pre-natal care benefits for persons otherwise eligible\nfor such benefits.\n