S T A T E O F N E W Y O R K
________________________________________________________________________
2583--A
2021-2022 Regular Sessions
I N A S S E M B L Y
January 19, 2021
___________
Introduced by M. of A. HEVESI, EPSTEIN, AUBRY, REYES, ROZIC, WILLIAMS,
CRUZ, RAMOS, J. RIVERA, WALKER, NIOU, WEPRIN, SIMON, PRETLOW, COLTON,
GOTTFRIED, FRONTUS, DICKENS, JEAN-PIERRE, FAHY, SAYEGH, L. ROSENTHAL,
FERNANDEZ, GLICK, PAULIN, COOK, JACKSON, GONZALEZ-ROJAS, FORREST,
BURDICK, OTIS, ZINERMAN, MITAYNES, DAVILA -- read once and referred to
the Committee on Social Services -- reported and referred to the
Committee on Ways and Means -- recommitted to the Committee on Ways
and Means in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the social services law, the executive law, and the
public health law, in relation to providing for supports and services
for unaccompanied minors with no lawful immigration status
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 2 of the social services law is amended by adding a
new subdivision 39 to read as follows:
39. "UNACCOMPANIED MINOR" SHALL MEAN A CHILD WHO, PRIOR TO RELEASE TO
A NEW YORK RESIDENT SPONSOR, WAS IN THE CUSTODY OF THE FEDERAL OFFICE OF
REFUGEE RESETTLEMENT AND:
(A) HAS NO LAWFUL IMMIGRATION STATUS IN THE UNITED STATES;
(B) HAD NOT ATTAINED EIGHTEEN YEARS OF AGE PRIOR TO BEING TAKEN INTO
FEDERAL CUSTODY; AND
(C) WAS NOT ACCOMPANIED BY A PARENT OR LEGAL GUARDIAN UPON ENTRY TO
THE UNITED STATES OR WAS ACCOMPANIED BY A PARENT OR LEGAL GUARDIAN BUT
SUBSEQUENTLY SEPARATED FROM THAT PARENT OR LEGAL GUARDIAN UPON ENTRY TO
THE UNITED STATES.
§ 2. Article 5 of the social services law is amended by adding a new
title 12-B to read as follows:
TITLE 12-B
SUPPORTS AND SERVICES FOR UNACCOMPANIED MINORS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01531-02-2
A. 2583--A 2
SECTION 370-F. SUPPORTS AND SERVICES FOR UNACCOMPANIED MINORS.
370-G. INFORMATIONAL MATERIALS.
§ 370-F. SUPPORTS AND SERVICES FOR UNACCOMPANIED MINORS. 1. UNACCOM-
PANIED MINORS, AS DEFINED UNDER SECTION TWO OF THIS CHAPTER, SHALL BE
ELIGIBLE FOR A RANGE OF APPROPRIATE SERVICES AND SUPPORTS, WHICH SHALL
BE BENEFICIAL TO THE HEALTH, SAFETY, AND WELL-BEING OF SUCH MINORS. SUCH
SERVICES SHALL INCLUDE, BUT NOT BE LIMITED TO: HEALTH AND BEHAVIORAL
HEALTH SERVICES COVERED UNDER PARAGRAPH (K) OF SUBDIVISION TWO OF
SECTION TWENTY-FIVE HUNDRED ELEVEN OF THE PUBLIC HEALTH LAW; INDIVIDUAL
COUNSELING SESSIONS WITH SOCIAL WORKERS; LEGAL SERVICES PROVIDED UNDER
SECTION THREE HUNDRED NINETY-FOUR OF THIS CHAPTER, WHICH SHALL INCLUDE
CULTURALLY AND LINGUISTICALLY APPROPRIATE SERVICES PROVIDED BY ATTOR-
NEYS, INTERPRETERS, AND OTHER SUPPORT STAFF FOR REPRESENTATION IN STATE
COURT PROCEEDINGS, FEDERAL IMMIGRATION PROCEEDINGS, AND ANY APPEALS
ARISING FROM SUCH PROCEEDINGS; LANGUAGE SERVICES; EMPLOYMENT ASSISTANCE;
BILINGUAL SUPPORT GROUPS; AND ASSISTANCE WITH EDUCATIONAL RIGHTS AND
ENROLLMENT IN PUBLIC SCHOOLS. SUCH SUPPORT AND SERVICES SHALL NOT BE
DEEMED PUBLIC BENEFITS THAT WOULD AFFECT AN UNACCOMPANIED MINOR'S IMMI-
GRATION STATUS UNDER 8 USC 1182, AS AMENDED, AND ANY REGULATIONS PROMUL-
GATED THEREUNDER.
2. SUCH SERVICES AND SUPPORTS SHALL BE IDENTIFIED BY AN IMMIGRATION
SERVICES LIAISON UNDER SECTION NINETY-FOUR-B OF THE EXECUTIVE LAW, WHICH
SHALL, TO THE EXTENT PRACTICABLE, CONNECT EACH UNACCOMPANIED MINOR WITH
RESOURCES IN ORDER TO ACCESS SUCH SUPPORTS AND SERVICES IDENTIFIED IN
SUBDIVISION ONE OF THIS SECTION. THE IMMIGRATION SERVICES LIAISON SHALL
CONNECT WITH UNACCOMPANIED MINORS PRIOR TO RELEASE TO A SPONSOR DETER-
MINED TO BE APPROPRIATE BY THE FEDERAL OFFICE OF REFUGEE RESETTLEMENT,
TO THE EXTENT PRACTICABLE, BUT NO LATER THAN UPON REFERRAL PURSUANT TO
SECTION THREE HUNDRED SEVENTY-FOUR-G OR THREE HUNDRED NINETY-FOUR-A OF
THIS CHAPTER.
3. ANY INDIVIDUAL OR PROGRAM PROVIDING SUCH SERVICES AND SUPPORTS OR
OTHERWISE PROVIDING ASSISTANCE TO THE UNACCOMPANIED MINOR SHALL ENSURE
THEY RECEIVE TRAUMA INFORMED TRAINING AS WELL AS TRAINING ON HOW TO
IDENTIFY AND APPROPRIATELY REACT TO UNACCOMPANIED MINORS WHO MAY HAVE
EXPERIENCED ADVERSE CHILDHOOD EXPERIENCES. IN ADDITION, ANY SERVICES,
SUPPORTS OR ASSISTANCE SHALL BE PROVIDED IN A CULTURALLY COMPETENT
MANNER.
§ 370-G. INFORMATIONAL MATERIALS. 1. THE OFFICE OF CHILDREN AND FAMILY
SERVICES, IN CONSULTATION WITH THE OFFICE OF MENTAL HEALTH AND THE
OFFICE FOR NEW AMERICANS, SHALL DEVELOP INFORMATIONAL MATERIALS FOR
AUTHORIZED AGENCIES, AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION TEN OF
SECTION THREE HUNDRED SEVENTY-ONE OF THIS CHAPTER AND OUT OF STATE CARE
PROVIDERS. SUCH INFORMATIONAL MATERIALS SHALL INCLUDE CONTACT INFORMA-
TION FOR IMMIGRATION SERVICES LIAISONS, AS WELL AS A GENERAL DESCRIPTION
OF THE BENEFITS UNACCOMPANIED MINORS AS DEFINED IN SECTION TWO OF THIS
CHAPTER ARE ELIGIBLE FOR, PURSUANT TO SUBDIVISION ONE OF SECTION THREE
HUNDRED SEVENTY-F OF THIS TITLE.
2. THE INFORMATIONAL MATERIALS SHALL BE MADE AVAILABLE IN ENGLISH AND
THE SIX MOST COMMON NON-ENGLISH LANGUAGES SPOKEN BY INDIVIDUALS WITH
LIMITED-ENGLISH PROFICIENCY IN THE STATE OF NEW YORK, BASED ON UNITED
STATES CENSUS DATA, AND SHALL BE PUBLISHED ON THE OFFICE OF CHILDREN AND
FAMILY SERVICES, THE OFFICE OF MENTAL HEALTH AND THE OFFICE FOR NEW
AMERICANS' WEBSITES.
§ 3. The social services law is amended by adding a new section 394 to
read as follows:
A. 2583--A 3
§ 394. LEGAL REPRESENTATION OF UNACCOMPANIED MINORS. 1. AN UNACCOMPA-
NIED MINOR, AS DEFINED IN SECTION TWO OF THIS CHAPTER, OR MINOR IN THE
CUSTODY OF THE FEDERAL OFFICE OF REFUGEE RESETTLEMENT WHILE IN THE CARE
OF AN AUTHORIZED AGENCY, AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION TEN
OF SECTION THREE HUNDRED SEVENTY-ONE OF THIS ARTICLE, WHO IS PRESENT IN
THIS STATE AND AGAINST WHOM AN IMMIGRATION PROCEEDING MAY BE OR HAS BEEN
COMMENCED SHALL BE ENTITLED TO REPRESENTATION BY COUNSEL THROUGH THE
COMPLETION OF SUCH PROCEEDING, INCLUDING APPEALS AND/OR OBTAINING STATUS
AND OTHER RELATED ASSISTANCE, PURSUANT TO SECTION NINETY-FOUR-D OF THE
EXECUTIVE LAW, INCLUDING INTERPRETATION OR TRANSLATION SERVICES PURSUANT
TO SUBDIVISION FIVE OF THIS SECTION.
2. REPRESENTATION AND RELATED ASSISTANCE PROVIDED IN ACCORDANCE WITH
THIS SECTION SHALL BE A STATE CHARGE, PURSUANT TO SECTION NINETY-FOUR-D
OF THE EXECUTIVE LAW.
3. (A) UPON RECEIPT FROM A FEDERAL IMMIGRATION AUTHORITY OF A CIVIL
IMMIGRATION DETAINER, OR A REQUEST FOR TRANSFER, NOTIFICATION, INTER-
VIEW, INTERROGATION OR OTHER REQUEST, AN AUTHORIZED AGENCY, OR AGENT
THEREOF, SHALL PROVIDE TO THE CHILD, WHO IS THE SUBJECT OF SUCH DETAINER
OR REQUEST, SUCH CHILD'S SPONSOR, IF SPONSORED, AND SUCH CHILD'S COUN-
SEL, IF REPRESENTED:
(I) NOTIFICATION OF SUCH DETAINER OR REQUEST;
(II) A COPY OF SUCH DETAINER OR REQUEST;
(III) NOTICE REGARDING SUCH CHILD'S RIGHT TO COUNSEL PURSUANT TO THIS
SECTION IF SUCH CHILD IS WITHOUT COUNSEL AT THE TIME OF SUCH DETAINER OR
REQUEST; AND
(IV) INFORMATION AS TO WHETHER OR NOT SUCH AGENCY INTENDS TO COMPLY
WITH SUCH DETAINER OR REQUEST.
(B) IF SUCH CHILD IS UNDER THE AGE OF FIVE AT THE TIME SUCH DETAINER
OR REQUEST IS RECEIVED, SUCH INFORMATION REQUIRED PURSUANT TO PARAGRAPH
(A) OF THIS SUBDIVISION SHALL ONLY BE PROVIDED TO SUCH CHILD'S SPONSOR,
IF SPONSORED, AND SUCH CHILD'S COUNSEL, IF REPRESENTED.
4. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
A CHILD IN THE CARE OF AN AUTHORIZED AGENCY MAY REQUEST TO BE INTER-
VIEWED BY A FEDERAL LAW ENFORCEMENT AGENCY OR AN AGENT THEREOF ONLY WITH
WRITTEN AUTHORIZATION BY SUCH CHILD'S COUNSEL, PROVIDED THAT IF SUCH
CHILD IS NOT REPRESENTED AND IS ENTITLED TO COUNSEL PURSUANT TO THIS
SECTION, HE OR SHE SHALL BE NOTIFIED OF SUCH RIGHT AND PROVIDED A
REASONABLE OPPORTUNITY TO OBTAIN SUCH COUNSEL BEFORE ANY SUCH INTERVIEW.
5. IN ADDITION TO ANY OTHER RIGHT TO THE ASSISTANCE OF INTERPRETATION
OR TRANSLATION SERVICES, ANY FOREIGN-BORN CHILD, OR CHILD NOT PROFICIENT
IN THE ENGLISH LANGUAGE, TO WHOM INQUIRY IS MADE PURSUANT TO THIS
SECTION SHALL BE ENTITLED TO THE ASSISTANCE OF A NEUTRAL AND QUALIFIED
INTERPRETER OR TRANSLATOR, AS THE CASE MAY BE, WITH RESPECT TO SUCH
INQUIRY, PROVIDED AT NO COST OR EXPENSE TO SUCH CHILD.
6. THIS SECTION SHALL SUPERSEDE CONFLICTING LOCAL LAWS, RULES, POLI-
CIES, PROCEDURES AND PRACTICES, EXCEPT TO THE EXTENT THAT THE PROVISIONS
OF ANY SUCH LOCAL LAW, RULE, POLICY OR ANY SUCH PROCEDURE OR PRACTICE
MAY PROVIDE ANY ADDITIONAL OR GREATER RIGHT OR PROTECTION. NOTHING IN
THIS SECTION SHALL PROHIBIT ANY AUTHORIZED AGENCY FROM COOPERATING WITH
A FEDERAL IMMIGRATION AUTHORITY TO THE EXTENT REQUIRED BY FEDERAL LAW.
NOTHING IN THIS SECTION SHALL BE INTERPRETED OR APPLIED SO AS TO CREATE
ANY POWER, DUTY OR OBLIGATION IN CONFLICT WITH FEDERAL LAW.
§ 4. Paragraphs (m) and (n) of subdivision 5 of section 94-b of the
executive law, as added by chapter 206 of the laws of 2014, are amended
and a new paragraph (o) is added to read as follows:
A. 2583--A 4
(m) Encourage and assist local governments in the development of
activities to enhance civic engagement among immigrants and in immigrant
communities; [and]
(n) Beginning in two thousand fifteen, by June fifteenth of each year,
produce a report to the governor, the speaker of the assembly, and the
temporary president of the senate describing the activities of the
office, including but not limited to, summarizing calls received through
the hotline and website, information on ESOL training services provided
by the office, the number of immigrants assisted through the opportunity
centers, or an estimation thereof, the status of any workforce develop-
ment programs, and any other relevant information[.]; AND
(O) ESTABLISH AN IMMIGRATION SERVICES LIAISON TO ASSIST UNACCOMPANIED
MINORS AS DEFINED IN SECTION TWO OF THE SOCIAL SERVICES LAW, IN ORDER TO
ACCESS APPROPRIATE SUPPORTS AND SERVICES FOR SUCH MINORS. THE OFFICE MAY
WORK IN CONJUNCTION WITH THE OFFICE OF TEMPORARY AND DISABILITY ASSIST-
ANCE, THE OFFICE OF CHILDREN AND FAMILY SERVICES AND THE OFFICE OF
MENTAL HEALTH IN ORDER TO EFFECTUATE THEIR DUTIES UNDER THIS PROVISION.
§ 5. The social services law is amended by adding a new section 374-g
to read as follows:
§ 374-G. UNACCOMPANIED MINORS RELEASED BY AUTHORIZED AGENCIES. 1.
EVERY AUTHORIZED AGENCY AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION TEN
OF SECTION THREE HUNDRED SEVENTY-ONE OF THIS TITLE, THAT RELEASES AN
UNACCOMPANIED MINOR, AS DEFINED IN SECTION TWO OF THIS CHAPTER, IN NEW
YORK TO A SPONSOR THAT IS A NEW YORK RESIDENT, AND DEEMED TO BE APPRO-
PRIATE BY THE FEDERAL OFFICE OF REFUGEE RESETTLEMENT, SHALL PROVIDE THE
UNACCOMPANIED MINOR AND THEIR SPONSOR WITH: (A) DIRECT REFERRALS TO
IMMIGRATION SERVICES LIAISONS UNDER SECTION NINETY-FOUR-B OF THE EXECU-
TIVE LAW; (B) INFORMATIONAL MATERIALS DEVELOPED BY THE OFFICE OF CHIL-
DREN AND FAMILY SERVICES, INFORMING THEM OF AVAILABLE SUPPORTS AND
SERVICES THE UNACCOMPANIED MINOR IS ELIGIBLE FOR UPON RELEASE INTO NEW
YORK AS DEFINED IN SECTION THREE HUNDRED SEVENTY-F OF THIS CHAPTER; AND
(C) NOTIFICATION OF SUCH MINOR'S RIGHT TO COUNSEL UNDER SECTION THREE
HUNDRED NINETY-FOUR OF THIS TITLE.
2. SUCH INFORMATIONAL MATERIALS SHALL BE PROVIDED TO BOTH THE UNACCOM-
PANIED MINOR AND THE SPONSOR, UNLESS SUCH UNACCOMPANIED MINOR IS UNDER
THE AGE OF FIVE, IN WHICH CASE SUCH INFORMATIONAL MATERIALS MAY BE
PROVIDED SOLELY TO THE SPONSOR.
§ 6. The social services law is amended by adding a new section 394-a
to read as follows:
§ 394-A. UNACCOMPANIED MINORS RELEASED BY OUT OF STATE CARE PROVIDERS.
1. EVERY OUT OF STATE CARE PROVIDER THAT RELEASES AN UNACCOMPANIED
MINOR, AS DEFINED IN SECTION TWO OF THIS CHAPTER, IN NEW YORK TO A SPON-
SOR THAT IS A NEW YORK RESIDENT, AND DEEMED TO BE APPROPRIATE BY THE
FEDERAL OFFICE OF REFUGEE RESETTLEMENT, SHALL PROVIDE THE UNACCOMPANIED
MINOR AND THEIR SPONSOR WITH: (A) DIRECT REFERRALS TO AN IMMIGRATION
SERVICES LIAISON UNDER SECTION NINETY-FOUR-B OF THE EXECUTIVE LAW; (B)
INFORMATIONAL MATERIALS DEVELOPED BY THE OFFICE OF CHILDREN AND FAMILY
SERVICES, INFORMING THEM OF AVAILABLE SUPPORTS AND SERVICES THE UNACCOM-
PANIED MINOR IS ELIGIBLE FOR UPON RELEASE INTO NEW YORK AS DEFINED IN
SECTION THREE HUNDRED SEVENTY-F OF THIS CHAPTER; AND (C) NOTIFICATION OF
SUCH MINOR'S RIGHT TO COUNSEL UNDER SECTION THREE HUNDRED NINETY-FOUR OF
THIS TITLE.
2. SUCH INFORMATIONAL MATERIALS SHALL BE PROVIDED TO BOTH THE UNACCOM-
PANIED MINOR AND THE SPONSOR, UNLESS SUCH UNACCOMPANIED MINOR IS UNDER
THE AGE OF FIVE, IN WHICH CASE SUCH INFORMATIONAL MATERIALS MAY BE
PROVIDED SOLELY TO THE SPONSOR.
A. 2583--A 5
§ 7. Subdivision 2 of section 2511 of the public health law is amended
by adding a new paragraph (k) to read as follows:
(K) WHERE AN APPLICANT FOR A SUBSIDY PAYMENT PURSUANT TO SUBDIVISION
THREE OF THIS SECTION IS AN UNACCOMPANIED MINOR AS DEFINED IN SECTION
TWO OF THE SOCIAL SERVICES LAW, SUCH UNACCOMPANIED MINOR SHALL BE ELIGI-
BLE FOR SUCH SUBSIDY.
§ 8. Subdivision 7 of section 2510 of the public health law, as
amended by chapter 436 of the laws of 2021, is amended to read as
follows:
7. "Covered health care services" means: the services of physicians,
optometrists, nurses, nurse practitioners, midwives and other related
professional personnel which are provided on an outpatient basis,
including routine well-child visits; diagnosis and treatment of illness
and injury; inpatient health care services; laboratory tests; diagnostic
x-rays; prescription and non-prescription drugs, ostomy supplies and
durable medical equipment; radiation therapy; chemotherapy; hemodialy-
sis; outpatient blood clotting factor products and other treatments and
services furnished in connection with the care of hemophilia and other
blood clotting protein deficiencies; emergency room services; hospice
services; emergency, preventive and routine dental care, including
medically necessary orthodontia but excluding cosmetic surgery; emergen-
cy, preventive and routine vision care, including eyeglasses; speech and
hearing services; and, inpatient and outpatient mental health, alcohol
and substance abuse services as defined by the commissioner in consulta-
tion with the superintendent. FOR UNACCOMPANIED MINORS, AS SUCH TERM IS
DEFINED BY SECTION TWO OF THE SOCIAL SERVICES LAW, COVERED HEALTH CARE
SERVICES SHALL ALSO INCLUDE: (A) CHILDREN'S MENTAL HEALTH REHABILITATION
SERVICES INCLUDING, BUT NOT LIMITED TO, THOSE ADDED TO THE MEDICAID
STATE PLAN IN JANUARY OF TWO THOUSAND NINETEEN, OTHER LICENSED PRACTI-
TIONER SERVICES, COMMUNITY PSYCHIATRIC SUPPORT AND TREATMENT SERVICES,
AND PSYCHOSOCIAL REHABILITATION SERVICES, ASSUMING SUCH CHILDREN'S
MENTAL HEALTH REHABILITATION SERVICES ARE PROVIDED BY INDIVIDUALS ACTING
WITHIN THEIR LAWFUL SCOPE OF PRACTICE AS ESTABLISHED UNDER THE EDUCATION
LAW; AND (B) TRAUMA INFORMED CARE THAT INCLUDES THE IDENTIFICATION OF
AND APPROPRIATE REACTION AND TREATMENT TO ADVERSE CHILDHOOD EXPERIENCES.
"Covered health care services" shall not include drugs, procedures and
supplies for the treatment of erectile dysfunction when provided to, or
prescribed for use by, a person who is required to register as a sex
offender pursuant to article six-C of the correction law, provided that
any denial of coverage of such drugs, procedures or supplies shall
provide the patient with the means of obtaining additional information
concerning both the denial and the means of challenging such denial.
§ 8-a. Subdivision 7 of section 2510 of the public health law, as
amended by section 1 of part DDD of chapter 56 of the laws of 2022, is
amended to read as follows:
7. "Covered health care services" means: the services of physicians,
optometrists, nurses, nurse practitioners, midwives and other related
professional personnel which are provided on an outpatient basis,
including routine well-child visits; diagnosis and treatment of illness
and injury; inpatient health care services; laboratory tests; diagnostic
x-rays; prescription and non-prescription drugs, ostomy and other
medical supplies and durable medical equipment; radiation therapy;
chemotherapy; hemodialysis; outpatient blood clotting factor products
and other treatments and services furnished in connection with the care
of hemophilia and other blood clotting protein deficiencies; emergency
room services; ambulance services; hospice services; emergency, preven-
A. 2583--A 6
tive and routine dental care, including orthodontia but excluding
cosmetic surgery; emergency, preventive and routine vision care, includ-
ing eyeglasses; speech and hearing services; inpatient and outpatient
mental health, alcohol and substance abuse services, including children
and family treatment and support services, children's home and community
based services, assertive community treatment services and residential
rehabilitation for youth services which shall be reimbursed in accord-
ance with the ambulatory patient group (APG) rate-setting methodology as
utilized by the department of health, the office of addiction services
and supports, or the office of mental health for rate-setting purposes
or any such other fees established pursuant to article forty-three of
the mental hygiene law; and health-related services provided by volun-
tary foster care agency health facilities licensed pursuant to article
twenty-nine-I of this chapter; as defined by the commissioner. FOR UNAC-
COMPANIED MINORS, AS SUCH TERM IS DEFINED BY SECTION TWO OF THE SOCIAL
SERVICES LAW, COVERED HEALTH CARE SERVICES SHALL ALSO INCLUDE: (A) CHIL-
DREN'S MENTAL HEALTH REHABILITATION SERVICES INCLUDING, BUT NOT LIMITED
TO, THOSE ADDED TO THE MEDICAID STATE PLAN IN JANUARY OF TWO THOUSAND
NINETEEN, OTHER LICENSED PRACTITIONER SERVICES, COMMUNITY PSYCHIATRIC
SUPPORT AND TREATMENT SERVICES, AND PSYCHOSOCIAL REHABILITATION
SERVICES, ASSUMING SUCH CHILDREN'S MENTAL HEALTH REHABILITATION SERVICES
ARE PROVIDED BY INDIVIDUALS ACTING WITHIN THEIR LAWFUL SCOPE OF PRACTICE
AS ESTABLISHED UNDER THE EDUCATION LAW; AND (B) TRAUMA INFORMED CARE
THAT INCLUDES THE IDENTIFICATION OF AND APPROPRIATE REACTION AND TREAT-
MENT TO ADVERSE CHILDHOOD EXPERIENCES. "Covered health care services"
shall not include drugs, procedures and supplies for the treatment of
erectile dysfunction when provided to, or prescribed for use by, a
person who is required to register as a sex offender pursuant to article
six-C of the correction law, provided that any denial of coverage of
such drugs, procedures or supplies shall provide the patient with the
means of obtaining additional information concerning both the denial and
the means of challenging such denial.
§ 9. The executive law is amended by adding a new section 94-d to read
as follows:
§ 94-D. REPRESENTATION FOR UNACCOMPANIED MINORS. 1. THE OFFICE FOR NEW
AMERICANS, IN CONSULTATION WITH THE OFFICE OF COURT ADMINISTRATION AND
INDIGENT LEGAL SERVICES, SHALL BE RESPONSIBLE FOR FACILITATING ACCESS TO
REPRESENTATION AND RELATED ASSISTANCE IN IMMIGRATION-RELATED MATTERS
PROVIDED PURSUANT TO SECTION THREE HUNDRED NINETY-FOUR OF THE SOCIAL
SERVICES LAW. ANY SERVICES PROVIDED SHALL BE COMPENSATED IN ACCORDANCE
WITH THIS SECTION. THE OFFICE MAY ENTER INTO AN AGREEMENT WITH A LEGAL
AID SOCIETY OR OTHER NOT-FOR-PROFIT ORGANIZATION WITH APPROPRIATE EXPER-
TISE AND EXPERIENCE IN IMMIGRATION-RELATED MATTERS FOR THE SOCIETY OR
ORGANIZATION TO PROVIDE SUCH REPRESENTATION AND RELATED SERVICES. THE
AGREEMENT SHALL BE IN A FORM APPROVED BY THE DIRECTOR OF THE OFFICE FOR
NEW AMERICANS AND SHALL PROVIDE A GENERAL PLAN FOR A PROGRAM OF SERVICES
TO BE PROVIDED BY SUCH SOCIETY OR ORGANIZATION.
2. ALL EXPENSES FOR SERVICES PROVIDED UNDER THIS SECTION SHALL BE A
STATE CHARGE TO BE PAID OUT OF FUNDS APPROPRIATED TO THE OFFICE FOR THAT
PURPOSE. COUNSEL UTILIZED HEREUNDER SHALL RECEIVE COMPENSATION AT AN
HOURLY RATE FOR TIME EXPENDED IN COURT AND FOR TIME REASONABLY EXPENDED
OUT OF COURT, AND SHALL RECEIVE PAYMENT FOR EXPENSES REASONABLY
INCURRED. THE DIRECTOR OF THE OFFICE FOR NEW AMERICANS SHALL ESTABLISH
RULES AND REGULATIONS REGARDING REASONABLE COMPENSATION AND REIMBURSE-
MENT FOR OTHER SERVICES PROVIDED. NO COUNSEL OR OTHER SERVICE PROVIDER
A. 2583--A 7
UTILIZED PURSUANT TO THIS SECTION SHALL SEEK OR ACCEPT ANY FEE FOR
REPRESENTING SUCH PERSON.
§ 10. Severability. If any clause, sentence, paragraph, section or
part of this act shall be adjudged by any court of competent jurisdic-
tion to be invalid and after exhaustion of all further judicial review,
the judgment shall not affect, impair or invalidate the remainder there-
of, but shall be confined in its operation to the clause, sentence,
paragraph, section or part of this act directly involved in the contro-
versy in which the judgment shall have been rendered.
§ 11. This act shall take effect immediately; provided, however,
sections one, two, four, five, six, seven, eight, and nine of this act
shall take effect on the sixtieth day after it shall have become a law;
provided, further, section eight-a of this act shall take effect on the
same date and in the same manner as section 1 of part DDD of chapter 56
of the laws of 2022, takes effect.