NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8281
SPONSOR: Goodell TITLE OF BILL:
An act to amend the social services law, in relation to requiring undoc-
umented immigrants to submit to the same level of health background
check and be vaccinated in order to use certain state resources
PURPOSE OR GENERAL IDEA OF BILL:
This bill would require undocumented immigrants to submit to the same
level of health background checks as lawful immigrants, including meet-
ing the same vaccination requirements, in order to use certain state
resources. Those who are identified as having serious diseases would
then be required to consent to and receive appropriate treatment.In this
manner, undocumented immigrants will receive necessary medical care,
while protecting the general public from the increased risk of serious
diseases.
SUMMARY OF PROVISIONS:
Section 1 amends section 122 of the social services law to require
applicants for public assistance who lack lawful immigrant status to
undergo the same level of health background check as required for lawful
immigrants. If the undocumented immigrant tested positive for such a
disease, the immigrant would be required to consent to and receive
appropriate medical treatment.
Section 2 provides that the act shall take effective January 1st of the
year following enactment.
JUSTIFICATION:
Prior to the issuance of a visa, a lawful immigrant must submit to a
health background check to ensure that the person is not infected by a
dangerous disease or otherwise suffering from a harmful physical or
mental disorder. Unfortunately, illegal immigrants come to New York
State without submitting to such a health background check.
The failure to require an undocumented immigrant to submit to the same
level of health background checks as a lawful immigrant is fundamentally
unfair to those who follow the law and obtain a lawful immigrant status.
In addition, the failure to identify undocumented immigrants with seri-
ous diseases results in the lack of critical medical care for the undoc-
umented immigrant, and increases the likelihood of innocent New Yorkers
being exposed to dangerous diseases.The health background checks
required by this legislation would help identify immigrants with poten-
tially dangerous diseases and ensure a proper medical response.
EFFECTIVE DATE:
The legislation would take effective January 1st after its adoption.
STATE OF NEW YORK
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8281
2023-2024 Regular Sessions
IN ASSEMBLY
November 27, 2023
___________
Introduced by M. of A. GOODELL -- read once and referred to the Commit-
tee on Social Services
AN ACT to amend the social services law, in relation to requiring undoc-
umented immigrants to submit to the same level of health background
check and be vaccinated in order to use certain state resources
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 122 of the social services law is amended by adding
2 a new subdivision 7 to read as follows:
3 7. No person lacking lawful immigrant status shall be eligible for
4 state payments for aged, blind and disabled persons, family assistance,
5 safety net assistance, services funded under title XX of the federal
6 social security act, medical assistance, or any other assistance or
7 program under this chapter unless such person:
8 (a) has been immunized against poliomyelitis, mumps, measles, diphthe-
9 ria, rubella, varicella, Haemophilus influenzae type b (Hib), pertussis,
10 tetanus, pneumococcal disease, meningococcal disease, hepatitis A, hepa-
11 titis B, influenza, rotavirus, and COVID-19; provided, however, this
12 paragraph shall not apply where not medically appropriate or where such
13 person has consented to and is receiving a course of required vaccina-
14 tions;
15 (b) before receiving such payments, has a negative screening test for
16 gonorrhea, Hansen's disease, syphilis, tuberculosis, any communicable
17 disease which may make a person subject to quarantine, and any other
18 communicable disease which the commissioner of health deems of public
19 health significance unless such person has consented to and is receiving
20 appropriate treatment for any such communicable disease which returned a
21 positive screening test; and
22 (c) has not been found to have a physical or mental disorder which has
23 an associated harmful behavior.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13250-03-3
A. 8281 2
1 § 2. This act shall take effect on the first of January next succeed-
2 ing the date on which it shall have become a law. Effective immediately,
3 the addition, amendment and/or repeal of any rule or regulation neces-
4 sary for the implementation of this act on its effective date are
5 authorized to be made and completed on or before such effective date.
