S T A T E   O F   N E W   Y O R K
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                                   457

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M. of A. JACOBS, COLTON -- read once and referred to the
  Committee on Social Services

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:

  Section 1. Section 366 of the social services law is amended by adding
a new subdivision 13 to read as follows:
  13. NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE DEPARTMENT OF  HEALTH
SHALL  ESTABLISH  A  MEDICAL  ASSISTANCE  SPONSOR  BUY-IN  PROGRAM. SUCH
PROGRAM SHALL PROVIDE THAT QUALIFIED ALIENS AS DEFINED IN SECTION 431 OF
THE FEDERAL PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY  RECONCILIATION
ACT  OF  1996 (8 U.S. CODE 1641) WHOSE SPONSORS HAVE SIGNED AN AFFIDAVIT
OF SUPPORT PURSUANT TO SECTION 213A OF THE IMMIGRATION  AND  NATURALIZA-
TION  ACT  SHALL, IF OTHERWISE ELIGIBLE, BE ELIGIBLE FOR MEDICAL ASSIST-
ANCE FOR SUCH PERIODS OF TIME FOR WHICH THE  SPONSOR  HAS  MADE  MEDICAL
ASSISTANCE BUY-IN PAYMENTS TO THE SOCIAL SERVICES DISTRICT IN WHICH SUCH
ALIEN  RESIDES.  THE  DEPARTMENT  OF  HEALTH IS AUTHORIZED TO PROMULGATE
REGULATIONS ESTABLISHING MEDICAL ASSISTANCE BUY-IN PAYMENT  RATES.  SUCH
RATES  SHALL REFLECT THE PROJECTED AVERAGE COST OF NON-EMERGENCY MEDICAL
ASSISTANCE COSTS AND SHALL BE SET ON A SLIDING SCALE BASED ON THE  SPON-
SOR'S INCOME.
  S  2.  Paragraph  (c)  of  subdivision  1 of section 122 of the social
services law, as amended by chapter 214 of the laws of 1998, is  amended
to read as follows:
  (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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD02197-01-9

A. 457                              2

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 resi-
dential facility licensed, operated or funded by the  office  of  mental
health  or  the office of mental retardation and developmental disabili-
ties, 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 PROVIDED FURTHER,
HOWEVER,  THAT ANY QUALIFIED ALIEN WHOSE SPONSOR HAS SIGNED AN AFFIDAVIT
OF SUPPORT PURSUANT TO SECTION 213A OF THE IMMIGRATION  AND  NATURALIZA-
TION ACT AND WHOSE SPONSOR IS ENROLLED IN THE MEDICAL ASSISTANCE SPONSOR
BUY-IN PROGRAM PURSUANT TO SUBDIVISION THIRTEEN OF SECTION THREE HUNDRED
SIXTY-SIX OF THIS CHAPTER, 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.
  S  3.  Subdivision  4  of  section  122 of the social services law, as
amended by chapter 214 of the laws  of  1998,  is  amended  to  read  as
follows:
  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 eligibil-
ity  of  such alien for assistance funded under the temporary assistance
to needy families block grant and medical assistance  PROVIDED, HOWEVER,
THAT THIS SUBDIVISION SHALL NOT APPLY TO ALIENS WHOSE SPONSOR IS PARTIC-
IPATING IN THE MEDICAL  ASSISTANCE  SPONSOR  BUY-IN  PROGRAM  AUTHORIZED
PURSUANT  TO  SUBDIVISION THIRTEEN OF SECTION THREE HUNDRED SIXTY-SIX OF
THIS CHAPTER.
  S 4. Subdivision 5 of section 122 of the social services law, as added
by section 7 of part B of chapter 436 of the laws of 1997, is amended to
read as follows:
  5. If and to the extent that the family assistance, safety net assist-
ance, state additional payments  in  the  supplemental  security  income
program,  emergency  assistance  to  aged,  blind  or disabled adults or

A. 457                              3

medical assistance is paid to or on behalf of an alien for whom an affi-
davit of support pursuant to section 213A of the immigration and  natur-
alization  act  has  been  signed,  the  social  services district shall
request  reimbursement  by the sponsor in the amount of such assistance,
EXCEPT FOR THE MEDICAL ASSISTANCE RECEIVED BY AN ALIEN DURING THE PERIOD
OF TIME IN WHICH THE ALIEN'S SPONSOR IS ENROLLED IN THE MEDICAL  ASSIST-
ANCE  SPONSOR BUY-IN PROGRAM PURSUANT TO SUBDIVISION THIRTEEN OF SECTION
THREE HUNDRED SIXTY-SIX OF THIS CHAPTER, 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.
  S 5. This act shall take effect immediately.