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