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:
Section 1. Section 366 of the social services law is amended by adding
a new subdivision 16 to read as follows:
16. 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
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
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 SIXTEEN 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 SIXTEEN 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
medical assistance is paid to or on behalf of an alien for whom an affi-
A. 7215 3
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 SIXTEEN 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.