§ 122. Aliens. 1. Notwithstanding any law to the contrary, no personexcept a citizen or an alien who has been duly naturalized as a citizenshall be eligible for additional state payments for aged, blind anddisabled persons, family assistance, safety net assistance, servicesfunded under title XX of the federal social security act, or medicalassistance, subject to the following exceptions:[a] The following persons shall, if otherwise eligible, receivebenefits under such programs:[i] a refugee who entered the United States within the previous fiveyears with respect to benefits under the temporary assistance to needyfamilies block grant program and the safety net assistance program andwithin the previous seven years with respect to medical assistance;[ii] an asylee who was granted asylum within the previous five yearswith respect to benefits under the temporary assistance to needyfamilies block grant program and the safety net assistance program andwithin the previous seven years with respect to medical assistance;[iii] a person for whom deportation was withheld within the previousfive years with respect to benefits under the temporary assistance toneedy families block grant program and the safety net assistance programand within the previous seven years with respect to medical assistance;[iv] except as otherwise required by federal law, a person lawfullyadmitted for permanent residence who has worked for or can be creditedwith forty qualifying quarters as defined under title II of the federalSocial Security Act, exclusive of any quarter after the thirty-first dayof December, nineteen hundred ninety-six in which such person or suchperson's parent or spouse received any federal means tested assistance;* [v] any alien lawfully residing in the state who is on active dutyin the armed forces [other than active duty for training] or who [1] hasreceived an honorable discharge [and not on account of alienage] fromthe armed forces, or [2] has a qualifying condition, as defined insection three hundred fifty of the executive law, and has received adischarge other than bad conduct or dishonorable [and not on account ofalienage] from the armed forces, or [3] is a discharged LGBT veteran, asdefined in section three hundred fifty of the executive law, and hasreceived a discharge other than bad conduct or dishonorable [and not onaccount of alienage] from the armed forces, or the spouse, unremarriedsurviving spouse or unmarried dependent child of any such alien, if suchalien, spouse or dependent child is a qualified alien as defined insection 431 of the federal personal responsibility and work opportunityreconciliation act of 1996 [8 U.S. Code 1641], as amended;* NB Effective until April 1, 2023* [v] any alien lawfully residing in the state who is on active dutyin the armed forces [other than active duty for training] or who [1] hasreceived an honorable discharge [and not on account of alienage] fromthe armed forces, or [2] has a qualifying condition, as defined insection one of the veterans' services law, and has received a dischargeother than bad conduct or dishonorable [and not on account of alienage]from the armed forces, or [3] is a discharged LGBT veteran, as definedin section one of the veterans' services law, and has received adischarge other than bad conduct or dishonorable [and not on account ofalienage] from the armed forces, or the spouse, unremarried survivingspouse or unmarried dependent child of any such alien, if such alien,spouse or dependent child is a qualified alien as defined in section 431of the federal personal responsibility and work opportunityreconciliation act of 1996 [8 U.S. Code 1641], as amended;* NB Effective April 1, 2023[vi] an alien granted status as a Cuban and Haitian entrant as definedin section 501[e] of the federal Refugee Education Act of 1980 withinthe previous five years with respect to benefits under the temporaryassistance to needy families block grant program, and safety netassistance and within the previous seven years with respect to medicalassistance; and[vii] an alien admitted to the United States as an Amerasian immigrantas described in section 402[a][2][A] of the federal personalresponsibility and work opportunity reconciliation act of 1996 withinthe previous five years with respect to benefits under the temporaryassistance to needy families block grant program, and safety netassistance and within the previous seven years with respect to medicalassistance.[b] The following persons, not described in paragraph [a] of thissubdivision, shall, if otherwise eligible, be eligible for familyassistance, medical assistance, and safety net assistance:[i] an alien who is a qualified alien as defined in section 431 of thefederal personal responsibility and work opportunity reconciliation actof 1996 [8 U.S. Code 1641], as amended, who entered the United Statesbefore the twenty-second day of August, nineteen hundred ninety-six andcontinuously resided in the United States until attaining qualifiedstatus; and[ii] a qualified alien who entered the United States five years ormore earlier with a status within the meaning of the term "qualifiedalien" as defined in section 431 of the federal personal responsibilityand work opportunity reconciliation act of 1996 [8 U.S. Code 1641], asamended, if such entry occurred on or after the twenty-second day ofAugust, nineteen hundred ninety-six.[c] The following persons, not described in paragraph [a] or [b] ofthis subdivision, shall, if otherwise eligible, be eligible for safetynet assistance and medical assistance, except that medical assistanceshall be limited to care and services [not including care and servicesrelated to an organ transplant procedure] necessary for the treatment ofan emergency medical condition as that term is defined in section 1903of the federal social security act unless and until federal financialparticipation is available for the costs of providing medical assistanceprovided, however, that any such person who, on the fourth day ofAugust, nineteen hundred ninety-seven was residing in a residentialhealth care facility licensed by the department of health or in aresidential facility licensed, operated or funded by the office ofmental health or the office for people with developmental disabilities,and was in receipt of a medical assistance authorization based on afinding that he or she was a person permanently residing in the UnitedStates under color of law shall, if otherwise eligible, be eligible formedical assistance and provided, further, that any such person who, onthe fourth day of August, nineteen hundred ninety-seven, was diagnosedas having AIDS, as defined in subdivision one of section two thousandseven hundred eighty of the public health law, and was in receipt ofmedical assistance authorization pursuant to title eleven of articlefive of this chapter based on a finding that he or she was a personpermanently residing in the United States under color of law shall, ifotherwise eligible, be eligible for medical assistance:[i] a qualified alien who entered the United States less than fiveyears earlier or for less than five years has had a status within themeaning of the term "qualified alien" as defined in section 431 of thefederal personal responsibility and work opportunity reconciliation actof 1996 [8 U.S. Code 1641], as amended, if such entry occurred on orafter the twenty-second day of August, nineteen hundred ninety-six; and[ii] an alien whose status is not within the meaning of the term"qualified alien" as defined in section 431 of the federal personalresponsibility and work opportunity reconciliation act of 1996 [8 U.S.Code 1641], as amended, but who is otherwise permanently residing in theUnited States under color of law.[d] A person paroled into the United States for a period of less thanone year shall, if otherwise eligible, be eligible to receive any stateor local non-federal assistance provided under this chapter on the sameterms as such programs are available to persons who are qualified aliensas defined in section 431 of the federal personal responsibility andwork opportunity reconciliation act of 1996 [8 U.S. Code 1641], asamended.[e] Nothing herein shall preclude the receipt by any alien ofcommunity based non-cash assistance in accordance with the directions ofthe United States attorney general or the receipt of medical assistancefor care and services [not including care and services related to anorgan transplant procedure] necessary to treat an emergency medicalcondition as that term is defined in section 1903 of the federal socialsecurity act.[f] An alien who is not ineligible for federal supplemental securityincome benefits by reason of alien status shall, if otherwise eligible,be eligible to receive additional state payments for aged, blind ordisabled persons under section two hundred nine of this chapter.[g] Aliens receiving supplemental security income benefits oradditional state payments for aged, blind and disabled persons undersection two hundred nine of this chapter shall be eligible for medicalassistance if otherwise eligible.[h] Qualified aliens as defined in section 431 of the federal personalresponsibility and work opportunity reconciliation act of 1996 [8 U.S.Code 1641], as amended, if otherwise eligible and except as otherwiseprovided by federal law, shall be eligible for services pursuant totitle XX of the federal social security act.2. Any alien, including an alien who is not a qualified alien asdefined in section 431 of the federal personal responsibility and workopportunity reconciliation act of 1996 [8 U.S. Code 1641], as amended,is eligible for adult protective services and services and assistancerelating to child protection to the extent that such person is otherwiseeligible pursuant to this chapter and the regulations of the department.3. Each social services district shall report to the department, inaccordance with regulations of the department, the name and address andother identifying information known to it with respect to any alienknown to be unlawfully in the United States.4. To the extent permitted by federal law and regulation, the incomeand resources of a sponsor of an alien, who has signed an affidavit ofsupport pursuant to section 213A of the immigration and naturalizationact, and the income and resources of such sponsor's spouse, shall bedeemed available to such alien for purposes of determining theeligibility of such alien for assistance funded under the temporaryassistance to needy families block grant and medical assistance.5. If and to the extent that the family assistance, safety netassistance, state additional payments in the supplemental securityincome program, emergency assistance to aged, blind or disabled adultsor medical assistance is paid to or on behalf of an alien for whom anaffidavit of support pursuant to section 213A of the immigration andnaturalization act has been signed, the social services district shallrequest reimbursement by the sponsor in the amount of such assistance,and, if the sponsor does not within forty-five days of such requestindicate a willingness to commence payments, such social servicesdistrict may commence an action against the sponsor pursuant to theaffidavit. Remedies available to enforce an affidavit of support includeall of the remedies described in sections 3201, 3202, 3204 and 3205 oftitle 28 of the United States Code, as well as an order for specificperformance and payment of legal fees and other costs of collection, andinclude corresponding remedies available under state law; provided,however, that no action shall be brought more than ten years afterassistance was last given.6. Nothing in this section shall be interpreted as affecting theeligibility for pre-natal care benefits for persons otherwise eligiblefor such benefits.