§ 122. Noncitizens. 1. Notwithstanding any law to the contrary, no
person except a citizen or a noncitizen who has been duly naturalized as
a citizen shall be eligible for additional state payments for aged,
blind and disabled persons, family assistance, safety net assistance,
services funded under title XX of the federal social security act, or
medical assistance, subject to the following exceptions:

(a) The following persons shall, if otherwise eligible, receive
benefits under such programs:

(i) a refugee who entered the United States within the previous five
years with respect to benefits under the temporary assistance to needy
families block grant program and the safety net assistance program and
within the previous seven years with respect to medical assistance;

(ii) an asylee who was granted asylum within the previous five years
with respect to benefits under the temporary assistance to needy
families block grant program and the safety net assistance program and
within the previous seven years with respect to medical assistance;

(iii) a person for whom deportation was withheld within the previous
five years with respect to benefits under the temporary assistance to
needy families block grant program and the safety net assistance program
and within the previous seven years with respect to medical assistance;

(iv) except as otherwise required by federal law, a person lawfully
admitted for permanent residence who has worked for or can be credited
with forty qualifying quarters as defined under title II of the federal
Social Security Act, exclusive of any quarter after the thirty-first day
of December, nineteen hundred ninety-six in which such person or such
person's parent or spouse received any federal means tested assistance;

(v) any noncitizen lawfully residing in the state who is on active
duty in the armed forces (other than active duty for training) or who
(1) has received an honorable discharge (and not on account of
noncitizen status) from the armed forces, or (2) has a qualifying
condition, as defined in section one of the veterans' services law, and
has received a discharge other than bad conduct or dishonorable (and not
on account of noncitizen status) from the armed forces, or (3) is a
discharged LGBT veteran, as defined in section one of the veterans'
services law, and has received a discharge other than bad conduct or
dishonorable (and not on account of noncitizen status) from the armed
forces, or the spouse, unremarried surviving spouse or unmarried
dependent child of any such noncitizen, if such noncitizen, spouse or
dependent child is a 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;

(vi) a noncitizen granted status as a Cuban and Haitian entrant as
defined in section 501(e) of the federal Refugee Education Act of 1980
within the previous five years with respect to benefits under the
temporary assistance to needy families block grant program, and safety
net assistance and within the previous seven years with respect to
medical assistance; and

(vii) a noncitizen admitted to the United States as an Amerasian
immigrant as described in section 402(a)(2)(A) of the federal personal
responsibility and work opportunity reconciliation act of 1996 within
the previous five years with respect to benefits under the temporary
assistance to needy families block grant program, and safety net
assistance and within the previous seven years with respect to medical
assistance.

(b) The following persons, not described in paragraph (a) of this
subdivision, shall, if otherwise eligible, be eligible for family
assistance, medical assistance, and safety net assistance:

(i) a noncitizen who is a 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, who entered the United
States before the twenty-second day of August, nineteen hundred
ninety-six and continuously resided in the United States until attaining
qualified status; and

(ii) a qualified alien who entered the United States five years or
more earlier with 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.

(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
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
residential facility licensed, operated or funded by the office of
mental health or the office for people with developmental disabilities,
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:

(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) a noncitizen 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.

(d) A person paroled into the United States for a period of less than
one year shall, if otherwise eligible, be eligible to receive any state
or local non-federal assistance provided under this chapter on the same
terms as such programs are available to persons who are qualified aliens
as defined in section 431 of the federal personal responsibility and
work opportunity reconciliation act of 1996 (8 U.S. Code 1641), as
amended.

(e) Nothing herein shall preclude the receipt by any noncitizen of
community based non-cash assistance in accordance with the directions of
the United States attorney general or the receipt of medical assistance
for care and services (not including care and services related to an
organ transplant procedure) necessary to treat an emergency medical
condition as that term is defined in section 1903 of the federal social
security act.

(f) A noncitizen who is not ineligible for federal supplemental
security income benefits by reason of noncitizen status shall, if
otherwise eligible, be eligible to receive additional state payments for
aged, blind or disabled persons under section two hundred nine of this
chapter.

(g) Noncitizens receiving supplemental security income benefits or
additional state payments for aged, blind and disabled persons under
section two hundred nine of this chapter shall be eligible for medical
assistance if otherwise eligible.

(h) Qualified aliens 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 otherwise eligible and except as otherwise
provided by federal law, shall be eligible for services pursuant to
title XX of the federal social security act.

2. Any noncitizen, including a noncitizen who is not a 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, is eligible for adult protective services and services and
assistance relating to child protection to the extent that such person
is otherwise eligible pursuant to this chapter and the regulations of
the department.

3. Each social services district shall report to the department, in
accordance with regulations of the department, the name and address and
other identifying information known to it with respect to any noncitizen
known to be unlawfully in the United States.

4. To the extent permitted by federal law and regulation, the income
and resources of a sponsor of a noncitizen, 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 noncitizen for purposes of
determining the eligibility of such noncitizen for assistance funded
under the temporary for assistance funded under the temporary assistance
to needy families block grant and medical assistance.

5. If and to the extent that the family assistance, safety net
assistance, 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 a noncitizen for whom
an affidavit of support pursuant to section 213A of the immigration and
naturalization act has been signed, the social services district shall
request reimbursement by the sponsor in the amount of such assistance,
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.

6. Nothing in this section shall be interpreted as affecting the
eligibility for pre-natal care benefits for persons otherwise eligible
for such benefits.