1 No. 73
In the Matter of Mohamed Aliessa, &c., et al.,
Appellants,
v.
Antonia Novello, &c.,
Respondent.
_________________________________________________________________
2001 NY Int. 59
June 5, 2001
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
Ellen M. Yacknin, for appellants.
Deon J. Nossel, for respondent.
National Health Law Program, et al.; Coalition of Voluntary Safety Net
Hospitals, et al., amici curić.
_________________________________________________________________
ROSENBLATT, J.:
On this appeal, we must decide whether Social Services Law § 122
violates the United States and New York Constitutions by denying
Medicaid benefits funded solely by the State to plaintiffs based on
their status as legal aliens. We conclude that it does.
I.
Plaintiffs are 12 aliens who lawfully reside in New York State. They
immigrated to the United States from various countries, including
Bangladesh, Belorussia, Ecuador, Greece, Guyana, Haiti, Italy,
Malaysia, the Phillippines, Syria and Turkey. As legal aliens, they
fall into two groups. Some are lawfully admitted permanent residents
of the United States under the Immigration and Nationality Act (i.e.,
green card holders) (see, 18 USC § 1101 et seq.);(1) the rest
are permanently residing in the United States under color of law
("PRUCOLs").(2) All suffer from potentially life-threatening
illnesses and, but for the exclusion under Social Services Law § 122,
would allegedly qualify for Medicaid benefits funded solely by the
State.
Plaintiffs brought a class action in Supreme Court seeking a
declaration that Social Services Law § 122 violates article XVII,
sections 1 and 3 of the New York State Constitution and the Equal
SNIPPETS:
National Health Law Program, et al.; Coalition of Voluntary Safety Net Hospitals, et al.,
we must decide whether Social Services Law § 122 violates the United States and New York
Plaintiffs brought a class action in Supreme Court seeking a declaration that Social Services
Deferring its decision on class certification, Supreme Court denied the State's motion and
The court held that because the State enacted the statute in direct response to a Federal
42 USC § 1396a).
It ceased to do so, however, after Congress enacted the Personal Responsibility and Work
Congress restricted alien eligibility for federally funded public assistance benefits and
Its restrictions govern eligibility for Federal and State retirement, welfare, health,
Under title IV, aliens are divided into two categories: qualified aliens and non-qualified
All other aliens, including PRUCOLs, are non-qualified aliens.Plaintiffs in this case fall
This latter group is largely ineligible for Federal Medicaid for five years ).Moreover, title
Finally, notwithstanding all of these restrictions, both non-qualified aliens and qualified
Finally, all plaintiffs may receive safety net assistance and emergency medical treatment -).
Plaintiffs argue that section 122 violates article XVII of the New York State Constitution
Because the requirement imposed an overly burdensome eligibility condition on recipients --
It contends that the Constitution affords it discretion to set levels of benefits for the
In considering whether a State statute violates the Equal Protection Clause, the Supreme
It contends that section 122 implements title IV's Federal immigration policy and should
We hold that section 122 violates the Equal Protection Clauses of the United States and New
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