BILL NUMBER: S3602

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

 
PURPOSE:

To amend the social services law to ensure that temporary protected
status holders receive eligibility for medicaid.

 
SUMMARY:

Section 1 amends the Social Services Law by adding a new section 364-k
to prohibit the State Department of Social Services from canceling,
suspending, or rescinding medical assistance benefits for individuals
with Temporary Protected Status (TPS) if the federal government termi-
nates the temporary protection for their country of origin, as well as
for individuals enrolled in the Deferred Action for Childhood Arrivals
              

(DACA) program if the federal government ends the program.  Addi-
tionally, this new section extends eligibility for medical assistance
benefits to individuals who were previously granted Temporary Protected
Status or enrolled in the DACA program, provided they meet all other
eligibility requirements, excluding those related to immigration status.

Section 2 provides the effective date.

 
JUSTIFICATION:

The New York State Constitution provides Medicaid assistance for immi-
grants who do not have a green card (permanent resident alien, formerly
known as the "qualified alien" category) but are permanently residing
under color of law (PRUCOL). These individuals are eligible for full
Medicaid benefits in New York State. The cost of this Medicaid coverage
is funded entirely by the state, without any federal contribution.

Beneficiaries of Temporary Protected Status (TPS) in New York State are
deeply integrated into the state's economic and social fabric, actively
participating in its workforce. According to the National Immigration
Forum, New York has the third-largest TPS population in the country. As
of August 2024, the number of beneficiaries reached 67,840, with El
Salvador, Haiti, and Honduras being the countries with the highest
number of individuals under this status in New York State.

A 2017 survey of TPS holders from El Salvador and Honduras revealed that
88.5% of them are employed, often as essential workers in critical
infrastructure sectors.

Similarly, the number of individuals who arrived under the Deferred
Action for Childhood Arrivals (DACA) program is significant, forming
another vital part of New York State's economy. According to the Ameri-
can Immigration Council, as of March 2020, 28,180 active DACA recipients
lived in New York. Therefore, it is essential to protect healthcare
access for these beneficiaries, even beyond the federal government's
potential termination of the program.

Considering the possibility of changes to the list of countries eligible
for Temporary Protected Status or the cancellation of DACA, it is
crucial to safeguard healthcare access for workers who previously bene-
fited from these programs. This not only would support the beneficiaries
but also represent a significant contribution to New York State's econo-
my.

New York should continue to be a leader in 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.

 
LEGISLATIVE HISTORY:;

2017 - 2018: 57569-A Hamilton / A10607 Solages

2018 - 2019: S1809 Rivera / A3316 Solages

2021 - 2022: S4641 Rivera / A8350 Solages

2023 - 2024: No same as / A9367 Solages

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.