NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3316
SPONSOR: Solages (MS) 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:
PURPOSE OR GENERAL IDEA OF BILL:
Section 1.
1. The Social services law is amended by adding a new section 364-k to
read as follows: S 364-k. Temporary protected status beneficiary's bene-
fits. 1. Notwithstanding any other provision of law, the department
shall not cancel, suspend or rescind medical assistance benefits issued
to a temporary protected status beneficiary if the federal government
ends the designation of temporary protected status for that individual's
country or origin.
2. Notwithstanding any other provision of law, the department shall
extend eligibility for medical assistance benefits to individuals
formerly granted temporary protected status if they meet all require-
ments other than the requirements related to immigration status.
3. Notwithstanding any provision of law, the department shall not
cancel, suspend or rescind medical assistance benefits issued to indi-
viduals enrolled in the federal deferred action for childhood arrivals
program when the program is ended by the federal government.
4. Notwithstanding any other provision of law, the department shall
extend eligibility for medical assistance benefits to individuals
formerly enrolled in the federal deferred action for childhood arrivals
program if they meet all requirements other than the requirements
related to immigration status.
Section 2. This act shall take effect immediately.
JUSTIFICATION:
Many people mistakenly think an immigrant must have a "green
card"(formally called a "lawful permanent resident") or be a refugee, in
order to be eligible for Medicaid. This is not true, at least not in New
York State. Thanks to the New York State Constitution and a 2001 deci-
sion of New York's highest court in a case called Aliessa v. Noveilo,
many (but not all) immigrants who do not have "green cards" are eligible
for Medicaid in New York State. Their Medicaid is paid for by the State
exclusively, without any federal contribution, but that does not affect
the immigrant. The Medicaid they have is the same. Immigrants who do not
have a green card (permanent resident alien formally known as the "qual-
ified alien category") but who are permanently residing under color of
law (PRUCOL) are eligible for full Medicaid in New York State.
The New York State Temporary Protected Status (TPS) beneficiaries are
deeply integrated into the economic and social life of New York State.
The New York State working class consists of 3,700 TPS Haitian workers.
$262.9 million dollars would be lost from state GDP annually without
Haitian workers who hold TPS. 47.7 percent of Haitian workers with TPS
work in health care and social assistance. Each year in New York City
TPS recipients from Haiti account for a scorching $91 million dollars in
income.
The New York State working consists of 13,500 11'S Salvadorans workers.
$958.3 million would be lost from state GDP annually without Salvadoran
workers who hold TPS. 19.9 percent of Salvadoran workers with TPS work
in accommodation and food services; 15.6 percent work in manufacturing;
and 11.7 percent work in administrative and support and waste management
services. Each year in New York City TPS recipients from El Salvador
account for approximately $104 million dollars in income.
The New York State working class consists of 3,800 TPS Honduran workers.
$271.3 million would be lost from state GDP annually without Honduran
workers who hold TPS. 21.3 percent of Honduran workers with TPS work in
construction. Each year in New York City TPS recipients from Honduras
account for $64 million in income.
(TPS) residents have lived in the U.S for an average of 15 years. (TPS)
vast majority are from Haiti, El Salvador, and Honduras. New York State
TPS holders total population consist of 5,200 Haitians, 16,200 Salvado-
rans, and 4,600 Hondurans. It is imperative that the department shall
not cancel, suspend or rescind Medicaid benefits issued to a temporary
protected status beneficiary in reference to the numbers.
PRIOR LEGISLATIVE HISTORY:
A10607 2017-2018 Legislative Session
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
3316
2019-2020 Regular Sessions
IN ASSEMBLY
January 29, 2019
___________
Introduced by M. of A. SOLAGES, GOTTFRIED, JAFFEE, L. ROSENTHAL, CAHILL,
BARRON, D'URSO, SIMON, VANEL, MOSLEY, DE LA ROSA, DAVILA, ARROYO,
BLAKE, ROZIC, PERRY, WILLIAMS, COLTON, WEPRIN, JEAN-PIERRE, DICKENS,
CRESPO, ORTIZ, HYNDMAN, LAVINE, BICHOTTE, RIVERA, DINOWITZ, PICHARDO,
PEOPLES-STOKES, RICHARDSON -- Multi-Sponsored by -- M. of A. COOK,
EPSTEIN -- read once and referred to the Committee on Health
AN ACT to amend the social services law, in relation to ensuring that
temporary protected status beneficiaries continue to receive Medicaid
benefits
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The social services law is amended by adding a new section
2 364-k to read as follows:
3 § 364-k. Temporary protected status beneficiary's benefits. 1.
4 Notwithstanding any other provision of law, the department shall not
5 cancel, suspend or rescind medical assistance benefits issued to a
6 temporary protected status beneficiary if the federal government ends
7 the designation of temporary protected status for that individual's
8 country of origin.
9 2. Notwithstanding any other provision of law, the department shall
10 extend eligibility for medical assistance benefits to individuals
11 formerly granted temporary protected status if they meet all require-
12 ments other than the requirements related to immigration status.
13 3. Notwithstanding any other provision of law, the department shall
14 not cancel, suspend or rescind medical assistance benefits issued to
15 individuals enrolled in the federal deferred action for childhood
16 arrivals program when the program is ended by the federal government.
17 4. Notwithstanding any other provision of law, the department shall
18 extend eligibility for medical assistance benefits to individuals
19 formerly enrolled in the federal deferred action for childhood arrivals
20 program if they meet all requirements other than the requirements
21 related to immigration status.
22 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05353-01-9
