Bill Text: NY A07215 | 2013-2014 | General Assembly | Introduced
Bill Title: Provides for the establishment of a medical assistance sponsor buy-in program by the department of health; program shall provide that qualified aliens whose sponsors have signed an affidavit of support shall be eligible for medical assistance during periods in which the sponsor has made buy-in support payments.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-08 - referred to health [A07215 Detail]
Download: New_York-2013-A07215-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7215
2013-2014 Regular Sessions
I N A S S E M B L Y
May 8, 2013
___________
Introduced by M. of A. JACOBS -- read once and referred to the Committee
on Health
AN ACT to amend the social services law, in relation to establishing a
medical assistance sponsor buy-in program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 366 of the social services law is amended by adding
2 a new subdivision 16 to read as follows:
3 16. NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE DEPARTMENT OF HEALTH
4 SHALL ESTABLISH A MEDICAL ASSISTANCE SPONSOR BUY-IN PROGRAM. SUCH
5 PROGRAM SHALL PROVIDE THAT QUALIFIED ALIENS AS DEFINED IN SECTION 431 OF
6 THE FEDERAL PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION
7 ACT OF 1996 (8 U.S. CODE 1641) WHOSE SPONSORS HAVE SIGNED AN AFFIDAVIT
8 OF SUPPORT PURSUANT TO SECTION 213A OF THE IMMIGRATION AND NATURALIZA-
9 TION ACT SHALL, IF OTHERWISE ELIGIBLE, BE ELIGIBLE FOR MEDICAL ASSIST-
10 ANCE FOR SUCH PERIODS OF TIME FOR WHICH THE SPONSOR HAS MADE MEDICAL
11 ASSISTANCE BUY-IN PAYMENTS TO THE SOCIAL SERVICES DISTRICT IN WHICH SUCH
12 ALIEN RESIDES. THE DEPARTMENT OF HEALTH IS AUTHORIZED TO PROMULGATE
13 REGULATIONS ESTABLISHING MEDICAL ASSISTANCE BUY-IN PAYMENT RATES. SUCH
14 RATES SHALL REFLECT THE PROJECTED AVERAGE COST OF NON-EMERGENCY MEDICAL
15 ASSISTANCE COSTS AND SHALL BE SET ON A SLIDING SCALE BASED ON THE SPON-
16 SOR'S INCOME.
17 S 2. Paragraph (c) of subdivision 1 of section 122 of the social
18 services law, as amended by chapter 214 of the laws of 1998, is amended
19 to read as follows:
20 (c) The following persons, not described in paragraph (a) or (b) of
21 this subdivision, shall, if otherwise eligible, be eligible for safety
22 net assistance and medical assistance, except that medical assistance
23 shall be limited to care and services (not including care and services
24 related to an organ transplant procedure) necessary for the treatment of
25 an emergency medical condition as that term is defined in section 1903
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10453-01-3
A. 7215 2
1 of the federal social security act unless and until federal financial
2 participation is available for the costs of providing medical assistance
3 provided, however, that any such person who, on the fourth day of
4 August, nineteen hundred ninety-seven was residing in a residential
5 health care facility licensed by the department of health or in a resi-
6 dential facility licensed, operated or funded by the office of mental
7 health or the office of mental retardation and developmental disabili-
8 ties, and was in receipt of a medical assistance authorization based on
9 a finding that he or she was a person permanently residing in the United
10 States under color of law shall, if otherwise eligible, be eligible for
11 medical assistance and provided, further, that any such person who, on
12 the fourth day of August, nineteen hundred ninety-seven, was diagnosed
13 as having AIDS, as defined in subdivision one of section two thousand
14 seven hundred eighty of the public health law, and was in receipt of
15 medical assistance authorization pursuant to title eleven of article
16 five of this chapter based on a finding that he or she was a person
17 permanently residing in the United States under color of law shall, if
18 otherwise eligible, be eligible for medical assistance PROVIDED FURTHER,
19 HOWEVER, THAT ANY QUALIFIED ALIEN WHOSE SPONSOR HAS SIGNED AN AFFIDAVIT
20 OF SUPPORT PURSUANT TO SECTION 213A OF THE IMMIGRATION AND NATURALIZA-
21 TION ACT AND WHOSE SPONSOR IS ENROLLED IN THE MEDICAL ASSISTANCE SPONSOR
22 BUY-IN PROGRAM PURSUANT TO SUBDIVISION SIXTEEN OF SECTION THREE HUNDRED
23 SIXTY-SIX OF THIS CHAPTER, SHALL, IF OTHERWISE ELIGIBLE, BE ELIGIBLE FOR
24 MEDICAL ASSISTANCE:
25 (i) a qualified alien who entered the United States less than five
26 years earlier or for less than five years has had a status within the
27 meaning of the term "qualified alien" as defined in section 431 of the
28 federal personal responsibility and work opportunity reconciliation act
29 of 1996 (8 U.S. Code 1641), as amended, if such entry occurred on or
30 after the twenty-second day of August, nineteen hundred ninety-six; and
31 (ii) an alien whose status is not within the meaning of the term
32 "qualified alien" as defined in section 431 of the federal personal
33 responsibility and work opportunity reconciliation act of 1996 (8 U.S.
34 Code 1641), as amended, but who is otherwise permanently residing in the
35 United States under color of law.
36 S 3. Subdivision 4 of section 122 of the social services law, as
37 amended by chapter 214 of the laws of 1998, is amended to read as
38 follows:
39 4. To the extent permitted by federal law and regulation, the income
40 and resources of a sponsor of an alien, who has signed an affidavit of
41 support pursuant to section 213A of the immigration and naturalization
42 act, and the income and resources of such sponsor's spouse, shall be
43 deemed available to such alien for purposes of determining the eligibil-
44 ity of such alien for assistance funded under the temporary assistance
45 to needy families block grant and medical assistance PROVIDED, HOWEVER,
46 THAT THIS SUBDIVISION SHALL NOT APPLY TO ALIENS WHOSE SPONSOR IS PARTIC-
47 IPATING IN THE MEDICAL ASSISTANCE SPONSOR BUY-IN PROGRAM AUTHORIZED
48 PURSUANT TO SUBDIVISION SIXTEEN OF SECTION THREE HUNDRED SIXTY-SIX OF
49 THIS CHAPTER.
50 S 4. Subdivision 5 of section 122 of the social services law, as added
51 by section 7 of part B of chapter 436 of the laws of 1997, is amended to
52 read as follows:
53 5. If and to the extent that the family assistance, safety net assist-
54 ance, state additional payments in the supplemental security income
55 program, emergency assistance to aged, blind or disabled adults or
56 medical assistance is paid to or on behalf of an alien for whom an affi-
A. 7215 3
1 davit of support pursuant to section 213A of the immigration and natur-
2 alization act has been signed, the social services district shall
3 request reimbursement by the sponsor in the amount of such assistance,
4 EXCEPT FOR THE MEDICAL ASSISTANCE RECEIVED BY AN ALIEN DURING THE PERIOD
5 OF TIME IN WHICH THE ALIEN'S SPONSOR IS ENROLLED IN THE MEDICAL ASSIST-
6 ANCE SPONSOR BUY-IN PROGRAM PURSUANT TO SUBDIVISION SIXTEEN OF SECTION
7 THREE HUNDRED SIXTY-SIX OF THIS CHAPTER, and, if the sponsor does not
8 within forty-five days of such request indicate a willingness to
9 commence payments, such social services district may commence an action
10 against the sponsor pursuant to the affidavit. Remedies available to
11 enforce an affidavit of support include all of the remedies described in
12 sections 3201, 3202, 3204 and 3205 of title 28 of the United States
13 Code, as well as an order for specific performance and payment of legal
14 fees and other costs of collection, and include corresponding remedies
15 available under state law; provided, however, that no action shall be
16 brought more than ten years after assistance was last given.
17 S 5. This act shall take effect immediately.
