BILL NUMBER: S1809          REVISED 04/03/19

SPONSOR: RIVERA
 
TITLE OF BILL:  An act to amend the social services law, in relation
to ensuring that temporary protected status beneficiaries continue to
receive Medicaid benefits

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the social services law by adding a new section 364-k.

- Subdivisions 1 and 3 allow temporary protected status beneficiaries'
and individuals enrolled in the federal deferred action for childhood
arrivals program to continue to receive medical assistance benefits,
regardless of any federal action to cancel, suspend, or rescind such
program.

- Subdivisions 2 and 4 extend eligibility for medical assistance bene-
fits to those who were formerly granted temporary protected status and
formerly enrolled in the federal deferred action for childhood arrivals
program as long as they meet all requirements, other than their immi-
gration status.
              

Section 2 determines the law shall take effect immediately.

 
JUSTIFICATION:

The federal administration is attempting to end Temporary Protected
Status (TPS) and Deferred Action for Childhood Arrivals (DACA), which
would render immigrants currently eligible for state-funded Medicaid in
New York State to be at risk of losing their Medicaid benefits. This
would take away protections and benefits that have assisted the immi-
grant community in establishing themselves within the United States.

Barriers that keep immigrants from accessing health services lead to
poor outcomes and health inequalities, and allowing individuals to go
uninsured also places additional strain on the healthcare system.
Numerous studies have found that people without coverage are more likely
to delay seeking preventive care for serious and chronic health condi-
tions, avoid seeking care for fear of costs, and are at higher risk of
incurring medical debt or bankruptcy. Studies have also shown that those
who have gained coverage have reduced mortality and morbidity.  However,
without insurance, individuals are more likely to refuse treatment until
in crisis and end up utilizing emergency rooms at higher rates, the most
expensive setting to seek treatment.

TPS beneficiaries and DACA recipients are also deeply integrated in and
are valuable contributors to the economic and social life of New York
State. TPS beneficiaries work in a variety of industries such as health-
care, social service, manufacturing, waste management, etc.  that
contributes approximately $1.492 billion to the state gross domestic
product (GDP) annually, according to an analysis conducted by the Center
for American Progress. While the Trump administration's current attempt
to end the TPS program has been preliminarily held up in federal court,
its future is uncertain.

DACA recipients also have the right to work legally and be protected
against deportation. According to the Center for American Progress, if
DACA workers lose their work permits and consequently their jobs, New
York would lose $2.379 billion on the state GDP. Similar to TPS, the
Trump administration has actively tried to end the DACA program and is
currently involved in a number of lawsuits that have temporarily halted
their efforts. New York has already committed publicly to keeping DACA
recipients eligible for Medicaid benefits, and should codify this
commitment in state law.

New York should continue to be a leader on immigrant healthcare and keep
its legal and moral obligation to protect immigrants and their families
by ensuring that TPS and DACA recipients can continue to receive health
coverage regardless of federal actions.

 
PRIOR LEGISLATIVE HISTORY:

2018: S7569 (Hamilton)

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
Immediately.