A 7515: Provides for emergency appropriation through April 3, 2025 for the support of government.

  
  STATE OF NEW YORK ________________________________________________________________________ 7515 2025-2026 Regular Sessions  IN ASSEMBLY March 31, 2025 ___________ Introduced by M. of A. PRETLOW -- (at request of the Governor) -- read once and referred to the Committee on Ways and Means AN ACT making appropriations for the support of government; and provid- ing for the repeal of such provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative intent. The legislature hereby finds and 2 declares that the enactment of these appropriations provides sufficient 3 authority to the comptroller for the purpose of making payments for the 4 purposes described herein until such time as appropriation bills submit- 5 ted by the governor pursuant to article VII of the state constitution 6 for the support of government for the state fiscal year beginning April 7 1, 2025 are enacted. 8 § 2. The amounts specified in this section, or so much thereof as 9 shall be sufficient to accomplish the purposes designated, is hereby 10 appropriated and authorized to be paid as hereinafter provided, to the 11 public officers and for the purpose specified, which amount shall be 12 available for the state fiscal year beginning April 1, 2025. 13 ALL STATE DEPARTMENTS AND AGENCIES 14 For the purpose of making payments for 15 personal service, including liabilities 16 incurred prior to April 1, 2025, on the 17 payrolls scheduled to be paid during the 18 period April 1 through April 3, 2025 to 19 state officers and employees of the execu- 20 tive branch. This appropriation also 21 includes payments for services performed 22 by mentally ill or developmentally disa- 23 bled persons who are employed in state-op- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12002-01-5 
 A. 7515 2 1 erated special employment, work-for-pay or 2 sheltered workshop programs ................ 279,930,000 3 -------------- 4 § 3. The amount specified in this section, or so much thereof as shall 5 be sufficient to accomplish the purpose designated, is hereby appropri- 6 ated and authorized to be paid as hereinafter provided, to the public 7 officers and for the purpose specified, which amount shall be available 8 for the state fiscal year beginning April 1, 2025. 9 ALL STATE DEPARTMENTS AND AGENCIES 10 For the payment of state operations non 11 personal service liabilities to the execu- 12 tive branch, including the comptroller, 13 and the attorney general, incurred in the 14 ordinary course of business, during the 15 period April 1 through April 3, 2025, 16 pursuant to existing state law and for 17 purposes for which the legislature author- 18 ized the expenditure of moneys during the 19 2024-2025 state fiscal year; provided, 20 however, that nothing contained herein 21 shall be deemed to limit or restrict the 22 power or authority of state departments or 23 agencies to conduct their activities or 24 operations in accordance with existing 25 law, and further provided that nothing 26 contained herein shall be deemed to super- 27 sede, nullify or modify the provisions of 28 section 40 of the state finance law 29 prescribing when appropriations made for 30 the 2024-2025 state fiscal year shall have 31 ceased to have force and effect ............. 10,000,000 32 -------------- 33 § 4. The amounts specified in this section, or so much thereof as 34 shall be sufficient to accomplish the purposes designated, is hereby 35 appropriated and authorized to be paid as hereinafter provided, to the 36 public officers and for the purposes specified, which amount shall be 37 available for the state fiscal year beginning April 1, 2025. 38 MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES 39 GENERAL STATE CHARGES 40 STATE OPERATIONS 41 GENERAL STATE CHARGES ...................................... 20,650,000 42 -------------- 43 General Fund 44 State Purposes Account - 10050 45 For employee fringe benefits according to 46 the following project schedule including 
 A. 7515 3 1 those benefits which are related to 2 employees paid from funds, accounts, or 3 programs where the division of the budget 4 has issued waivers .......................... 20,650,000 5 Project Schedule 6 PROJECT AMOUNT 7 -------------------------------------------- 8 For the state's contribution 9 to the social security 10 contribution fund ............. 20,300,000 11 For the payment of the metro- 12 politan commuter transporta- 13 tion mobility tax pursuant 14 to article 23 of the tax 15 law, as added by chapter 25 16 of the laws of 2009, on 17 behalf of the state employ- 18 ees employed in the metro- 19 politan commuter transporta- 20 tion district .................... 350,000 21 -------------- 22 Project schedule total .... 20,650,000 23 -------------- 24 § 5. The amounts specified in this section, or so much thereof as 25 shall be sufficient to accomplish the purposes designated, is hereby 26 appropriated and authorized to be paid as hereinafter provided, to the 27 public officers and for the purposes specified, which amount shall be 28 available for the state fiscal year beginning April 1, 2025. 29 DEPARTMENT OF HEALTH 30 AID TO LOCALITIES 31 CENTER FOR COMMUNITY HEALTH PROGRAM .......................... 3,210,000 32 -------------- 33 Special Revenue Funds - Federal 34 Federal USDA-Food and Nutrition Services Fund 35 Federal Food and Nutrition Services Account - 25022 36 For various federal food and nutritional 37 services. The moneys hereby appropriated 38 shall be available for payment of finan- 39 cial assistance heretofore accrued (26986) ... 3,210,000 40 -------------- 41 MEDICAL ASSISTANCE PROGRAM ............................... 1,111,204,000 42 -------------- 43 General Fund 44 Local Assistance Account - 10000 45 For the medical assistance program, includ- 46 ing administrative expenses, for local 47 social services districts, and for medical 
 A. 7515 4 1 care rates for authorized child care agen- 2 cies. 3 Notwithstanding section 40 of the state 4 finance law or any provision of law to the 5 contrary, subject to federal approval, 6 department of health state funds medicaid 7 spending, excluding payments for medical 8 services provided at state facilities 9 operated by the office of mental health, 10 the office for people with developmental 11 disabilities and the office of addiction 12 services and supports and further exclud- 13 ing any payments which are not appropri- 14 ated within the department of health, in 15 the aggregate, for the period April 1, 16 2025 through March 31, 2026, shall not 17 exceed $33,417,285,000 except as provided 18 below provided, however, such aggregate 19 limits may be adjusted by the director of 20 the budget to account for any changes in 21 the New York state federal medical assist- 22 ance percentage amount established pursu- 23 ant to the federal social security act, 24 increases in provider revenues, reductions 25 in local social services district payments 26 for medical assistance administration, 27 minimum wage increases, and beginning 28 April 1, 2012 the operational costs of the 29 New York state medical indemnity fund, 30 pursuant to chapter 59 of the laws of 31 2011, and state costs or savings from the 32 essential plan program. Such projections 33 may be adjusted by the director of the 34 budget to account for increased or expe- 35 dited department of health state funds 36 medicaid expenditures as a result of a 37 natural or other type of disaster, includ- 38 ing a governmental declaration of emergen- 39 cy. 40 The director of the budget, in consultation 41 with the commissioner of health, shall 42 assess on a quarterly basis known and 43 projected medicaid expenditures by catego- 44 ry of service and by geographic region, as 45 defined by the commissioner, incurred both 46 prior to and subsequent to such assessment 47 for each such period, and if the director 48 of the budget determines that such expend- 49 itures are expected to cause medicaid 50 spending for such period to exceed the 51 aggregate limit specified herein for such 52 period, the state medicaid director, in 53 consultation with the director of the 54 budget and the commissioner of health, 55 shall develop a medicaid savings allo- 56 cation adjustment to limit such spending 
 A. 7515 5 1 to the aggregate limit specified herein 2 for such period. 3 Such medicaid savings allocation adjustment 4 shall be designed, to reduce the expendi- 5 tures authorized by the appropriations 6 herein in compliance with the following 7 guidelines: (1) reductions shall be made 8 in compliance with applicable federal law, 9 including the provisions of the Patient 10 Protection and Affordable Care Act, Public 11 Law No. 111-148, and the Health Care and 12 Education Reconciliation Act of 2010, 13 Public Law No. 111-152 (collectively 14 "Affordable Care Act") and any subsequent 15 amendments thereto or regulations promul- 16 gated thereunder; (2) reductions shall be 17 made in a manner that complies with the 18 state medicaid plan approved by the feder- 19 al centers for medicare and medicaid 20 services, provided, however, that the 21 commissioner of health is authorized to 22 submit any state plan amendment or seek 23 other federal approval, including waiver 24 authority, to implement the provisions of 25 the medicaid savings allocation adjustment 26 that meets the other criteria set forth 27 herein; (3) reductions shall be made in a 28 manner that maximizes federal financial 29 participation, to the extent practicable, 30 including any federal financial partic- 31 ipation that is available or is reasonably 32 expected to become available, in the 33 discretion of the commissioner, under the 34 Affordable Care Act; (4) reductions shall 35 be made uniformly among categories of 36 services and geographic regions of the 37 state, to the extent practicable, and 38 shall be made uniformly within a category 39 of service, to the extent practicable, 40 except where the commissioner determines 41 that there are sufficient grounds for 42 non-uniformity, including but not limited 43 to: the extent to which specific catego- 44 ries of services contributed to department 45 of health medicaid state funds spending in 46 excess of the limits specified herein; the 47 need to maintain safety net services in 48 underserved communities; or the potential 49 benefits of pursuing innovative payment 50 models contemplated by the Affordable Care 51 Act, in which case such grounds shall be 52 set forth in the medicaid savings allo- 53 cation adjustment; and (5) reductions 54 shall be made in a manner that does not 55 unnecessarily create administrative 
 A. 7515 6 1 burdens to medicaid applicants and recipi- 2 ents or providers. 3 The commissioner shall seek the input of the 4 legislature, as well as organizations 5 representing health care providers, 6 consumers, businesses, workers, health 7 insurers, and others with relevant exper- 8 tise, in developing such medicaid savings 9 allocation adjustment, to the extent that 10 all or part of such adjustment, in the 11 discretion of the commissioner, is likely 12 to have a material impact on the overall 13 medicaid program, particular categories of 14 service or particular geographic regions 15 of the state. 16 (a) The commissioner shall post the medicaid 17 savings allocation adjustment on the 18 department of health's website and shall 19 provide written copies of such adjustment 20 to the chairs of the senate finance and 21 the assembly ways and means committees at 22 least 30 days before the date on which 23 implementation is expected to begin. 24 (b) The commissioner may revise the medicaid 25 savings allocation adjustment subsequent 26 to the provisions of notice and prior to 27 implementation but needs to provide a new 28 notice pursuant to subparagraph (i) of 29 this paragraph only if the commissioner 30 determines, in his or her discretion, that 31 such revisions materially alter the 32 adjustment. 33 Notwithstanding the provisions of paragraphs 34 (a) and (b) of this subdivision, the 35 commissioner need not seek the input 36 described in paragraph (a) of this subdi- 37 vision or provide notice pursuant to para- 38 graph (b) of this subdivision if, in the 39 discretion of the commissioner, expedited 40 development and implementation of a medi- 41 caid savings allocation adjustment is 42 necessary due to a public health emergen- 43 cy. 44 For purposes of this section, a public 45 health emergency is defined as: (i) a 46 disaster, natural or otherwise, that 47 significantly increases the immediate need 48 for health care personnel in an area of 49 the state; (ii) an event or condition that 50 creates a widespread risk of exposure to a 51 serious communicable disease, or the 52 potential for such widespread risk of 53 exposure; or (iii) any other event or 54 condition determined by the commissioner 55 to constitute an imminent threat to public 56 health. 
 A. 7515 7 1 Nothing in this paragraph shall be deemed to 2 prevent all or part of such medicaid 3 savings allocation adjustment from taking 4 effect retroactively to the extent permit- 5 ted by the federal centers for medicare 6 and medicaid services. 7 In accordance with the medicaid savings 8 allocation adjustment, the commissioner of 9 the department of health shall reduce 10 department of health state funds medicaid 11 spending by the amount of the projected 12 overspending through, actions including, 13 but not limited to modifying or suspending 14 reimbursement methods, including but not 15 limited to all fees, premium levels and 16 rates of payment, notwithstanding any 17 provision of law that sets a specific 18 amount or methodology for any such 19 payments or rates of payment; modifying or 20 discontinuing medicaid program benefits; 21 seeking all necessary federal approvals, 22 including, but not limited to waivers, 23 waiver amendments; and suspending time 24 frames for notice, approval or certif- 25 ication of rate requirements, notwith- 26 standing any provision of law, rule or 27 regulation to the contrary, including but 28 not limited to sections 2807 and 3614 of 29 the public health law, section 18 of chap- 30 ter 2 of the laws of 1988, and 18 NYCRR 31 505.14(h). 32 The department of health shall prepare a 33 quarterly report that sets forth: (a) 34 known and projected department of health 35 medicaid expenditures as described in 36 subdivision (1) of this section, and 37 factors that could result in medicaid 38 disbursements for the relevant state 39 fiscal year to exceed the projected 40 department of health state funds disburse- 41 ments in the enacted budget financial plan 42 pursuant to subdivision 3 of section 23 of 43 the state finance law, including spending 44 increases or decreases due to: enrollment 45 fluctuations, rate changes, utilization 46 changes, MRT investments, and shift of 47 beneficiaries to managed care; and vari- 48 ations in offline medicaid payments; and 49 (b) the actions taken to implement any 50 medicaid savings allocation adjustment 51 implemented pursuant to subdivision (4) of 52 this section, including information 53 concerning the impact of such actions on 54 each category of service and each 55 geographic region of the state. Each such 56 quarterly report shall be provided to the 
 A. 7515 8 1 chairs of the senate finance and the 2 assembly ways and means committees and 3 shall be posted on the department of 4 health's website in a timely manner. 5 The money hereby appropriated is to be 6 available for payment of aid heretofore 7 accrued or hereafter accrued to munici- 8 palities, and to providers of medical 9 services pursuant to section 367-b of the 10 social services law, and for payment of 11 state aid to municipalities and to provid- 12 ers of family care where payment systems 13 through the fiscal intermediaries are not 14 operational. 15 Notwithstanding any inconsistent provision 16 of law to the contrary, funds may be used 17 by the department for outside legal 18 assistance on issues involving the federal 19 government, the conduct of preadmission 20 screening and annual resident reviews 21 required by the state's medicaid program, 22 computer matching with insurance carriers 23 to insure that medicaid is the payer of 24 last resort and activities related to the 25 management of the pharmacy benefit avail- 26 able under the medicaid program. 27 Notwithstanding any inconsistent provision 28 of law, in lieu of payments authorized by 29 the social services law, or payments of 30 federal funds otherwise due to the local 31 social services districts for programs 32 provided under the federal social security 33 act or the federal food stamp act, funds 34 herein appropriated, in amounts certified 35 by the state commissioner of temporary and 36 disability assistance or the state commis- 37 sioner of health as due from local social 38 services districts each month as their 39 share of payments made pursuant to section 40 367-b of the social services law may be 41 set aside by the state comptroller in an 42 interest-bearing account in order to 43 ensure the orderly and prompt payment of 44 providers under section 367-b of the 45 social services law pursuant to an esti- 46 mate provided by the commissioner of 47 health of each local social services 48 district's share of payments made pursuant 49 to section 367-b of the social services 50 law. 51 Notwithstanding any inconsistent provision 52 of law, funding made available by these 53 appropriations shall support direct salary 54 costs and related fringe benefits within 55 the medical assistance program associated 56 with any minimum wage increase that takes 
 A. 7515 9 1 effect during the timeframe of these 2 appropriations, pursuant to section 652 of 3 the labor law. Each eligible organization 4 in receipt of funding made available by 5 these appropriations may be required to 6 submit written certification, in such form 7 and at such time the commissioner may 8 prescribe, attesting to the total amount 9 of funds used by the eligible organiza- 10 tion, how such funding will be or was used 11 for purposes eligible under these appro- 12 priations and any other reporting deemed 13 necessary by the commissioner. The amounts 14 appropriated herein may include advances 15 to organizations authorized to receive 16 such funds to accomplish this purpose. 17 Notwithstanding any other provision of law, 18 the money hereby appropriated may be 19 increased or decreased by interchange or 20 transfer, with any appropriation of the 21 department of health and the office of 22 medicaid inspector general and may be 23 increased or decreased by transfer or 24 suballocation between these appropriated 25 amounts and appropriations of the depart- 26 ment of health state purpose account, the 27 office of mental health, office for people 28 with developmental disabilities, the 29 office of addiction services and supports, 30 the department of family assistance office 31 of temporary and disability assistance, 32 the department of corrections and communi- 33 ty supervision, the office of information 34 technology services, the state university 35 of New York, and office of children and 36 family services, the office of medicaid 37 inspector general, the state education 38 department, and the state office for the 39 aging with the approval of the director of 40 the budget, who shall file such approval 41 with the department of audit and control 42 and copies thereof with the chairman of 43 the senate finance committee and the 44 chairman of the assembly ways and means 45 committee. 46 Notwithstanding any inconsistent provision 47 of law to the contrary, the moneys hereby 48 appropriated may be used for payments to 49 the centers for medicaid and medicare 50 services for obligations incurred related 51 to the pharmaceutical costs of dually 52 eligible medicare/medicaid beneficiaries 53 participating in the medicare drug benefit 54 authorized by P.L. 108-173. 55 Notwithstanding any inconsistent provision 56 of law, the moneys hereby appropriated 
 A. 7515 10 1 shall not be used for any existing rates, 2 fees, fee schedule, or procedures which 3 may affect the cost of care and services 4 provided by personal care providers, case 5 managers, health maintenance organiza- 6 tions, out of state medical facilities 7 which provide care and services to resi- 8 dents of the state, providers of transpor- 9 tation services, that are altered, 10 amended, adjusted or otherwise changed by 11 a local social services district unless 12 previously approved by the department of 13 health and the director of the budget. 14 Notwithstanding any inconsistent provision 15 of law to the contrary, funds shall be 16 made available to the commissioner of the 17 office of mental health or the commission- 18 er of the office of addiction services and 19 supports, in consultation with the commis- 20 sioner of health and approved by the 21 director of the budget, and consistent 22 with appropriations made therefor, to 23 implement allocation adjustment developed 24 by each such commissioner which shall 25 describe mental health or substance use 26 disorder services that should be developed 27 to meet service needs resulting from the 28 reduction of inpatient behavioral health 29 services provided under the medicaid 30 program, by programs licensed pursuant to 31 article 31 or 32 of the mental hygiene 32 law. Such programs may include programs 33 that are licensed pursuant to both article 34 31 of the mental hygiene law and article 35 28 of the public health law, or certified 36 under both article 32 of the mental 37 hygiene law and article 28 of the public 38 health law. 39 Notwithstanding any inconsistent provision 40 of law, the moneys hereby appropriated may 41 be available for payments associated with 42 the resolution by settlement agreement or 43 judgment of rate appeals and/or litigation 44 where the department of health is a party. 45 For services and expenses of the medical 46 assistance program including hospital 47 inpatient services and general hospitals 48 that are safety-net providers that evince 49 severe financial distress, pursuant to 50 criteria determined by the commissioner, 51 shall be eligible for awards for amounts 52 appropriated herein, to enable such 53 providers to maintain operations and vital 54 services while establishing long term 55 solutions to achieve sustainable health 56 services. 
 A. 7515 11 1 Notwithstanding any inconsistent provisions 2 of law, no expenditures shall be used for 3 the medical assistance program for any 4 expenses not explicitly authorized in law 5 without the approval of the director of 6 the budget. 7 Notwithstanding any provision of law to the 8 contrary, the portion of this appropri- 9 ation covering fiscal year 2025-26 shall 10 supersede and replace any duplicative (i) 11 reappropriation for this item covering 12 fiscal year 2025-26, and (ii) appropri- 13 ation for this item covering fiscal year 14 2025-26 set forth in chapter 53 of the 15 laws of 2024 (26947) ........................ 20,200,000 16 For services and expenses of the medical 17 assistance program including hospital 18 outpatient and emergency room services. 19 Notwithstanding any provision of law to the 20 contrary, the portion of this appropri- 21 ation covering fiscal year 2025-26 shall 22 supersede and replace any duplicative (i) 23 reappropriation for this item covering 24 fiscal year 2025-26, and (ii) appropri- 25 ation for this item covering fiscal year 26 2025-26 set forth in chapter 53 of the 27 laws of 2024 (26948) ......................... 5,216,000 28 For services and expenses of the medical 29 assistance program including clinic 30 services. 31 Notwithstanding any provision of law to the 32 contrary, the portion of this appropri- 33 ation covering fiscal year 2025-26 shall 34 supersede and replace any duplicative (i) 35 reappropriation for this item covering 36 fiscal year 2025-26, and (ii) appropri- 37 ation for this item covering fiscal year 38 2025-26 set forth in chapter 53 of the 39 laws of 2024 (26949) ......................... 9,513,000 40 For services and expenses of the medical 41 assistance program including nursing home 42 services. 43 Notwithstanding any provision of law to the 44 contrary, the portion of this appropri- 45 ation covering fiscal year 2025-26 shall 46 supersede and replace any duplicative (i) 47 reappropriation for this item covering 48 fiscal year 2025-26, and (ii) appropri- 49 ation for this item covering fiscal year 50 2025-26 set forth in chapter 53 of the 51 laws of 2024 (26950) ........................ 25,468,000 52 For services and expenses of the medical 53 assistance program including other long 54 term care services. 55 Notwithstanding any provision of law to the 56 contrary, the portion of this appropri- 
 A. 7515 12 1 ation covering fiscal year 2025-26 shall 2 supersede and replace any duplicative (i) 3 reappropriation for this item covering 4 fiscal year 2025-26, and (ii) appropri- 5 ation for this item covering fiscal year 6 2025-26 set forth in chapter 53 of the 7 laws of 2024 (26951) ........................ 70,389,000 8 For services and expenses of the medical 9 assistance program including managed care 10 services including regional planning 11 activities of the finger lakes health 12 systems agency, including statewide coor- 13 dination and demonstration of best prac- 14 tices. The department shall make grants 15 within amounts appropriated therefor, to 16 assure high-quality and accessible primary 17 care, to provide technical assistance to 18 support financial and business planning 19 for integrated systems of care, and to 20 assist primary care providers in the 21 adoption, implementation, and meaningful 22 use of electronic health record technolo- 23 gy. 24 Notwithstanding any provision of law to the 25 contrary, the portion of this appropri- 26 ation covering fiscal year 2025-26 shall 27 supersede and replace any duplicative (i) 28 reappropriation for this item covering 29 fiscal year 2025-26, and (ii) appropri- 30 ation for this item covering fiscal year 31 2025-26 set forth in chapter 53 of the 32 laws of 2024 (26952) ........................ 43,431,000 33 For services and expenses for health homes 34 including grants to health homes. 35 Notwithstanding any provision of law to the 36 contrary, the portion of this appropri- 37 ation covering fiscal year 2025-26 shall 38 supersede and replace any duplicative (i) 39 reappropriation for this item covering 40 fiscal year 2025-26, and (ii) appropri- 41 ation for this item covering fiscal year 42 2025-26 set forth in chapter 53 of the 43 laws of 2024 (29548) ......................... 3,016,000 44 For services and expenses of the medical 45 assistance program including pharmacy 46 services provided, however, that no funds 47 shall be made available pursuant to this 48 appropriation for any drug not explicitly 49 authorized in any enacted law, rule, or 50 regulation without approval from the 51 director of the budget. 52 Notwithstanding any provision of law to the 53 contrary, the portion of this appropri- 54 ation covering fiscal year 2025-26 shall 55 supersede and replace any duplicative (i) 56 reappropriation for this item covering 
 A. 7515 13 1 fiscal year 2025-26, and (ii) appropri- 2 ation for this item covering fiscal year 3 2025-26 set forth in chapter 53 of the 4 laws of 2024 (26953) ........................ 48,476,000 5 For services and expenses of the medical 6 assistance program including transporta- 7 tion services. 8 Notwithstanding any provision of law to the 9 contrary, the portion of this appropri- 10 ation covering fiscal year 2025-26 shall 11 supersede and replace any duplicative (i) 12 reappropriation for this item covering 13 fiscal year 2025-26, and (ii) appropri- 14 ation for this item covering fiscal year 15 2025-26 set forth in chapter 53 of the 16 laws of 2024 (26954) ......................... 7,172,000 17 For services and expenses of the medical 18 assistance program including dental 19 services. 20 Notwithstanding any provision of law to the 21 contrary, the portion of this appropri- 22 ation covering fiscal year 2025-26 shall 23 supersede and replace any duplicative (i) 24 reappropriation for this item covering 25 fiscal year 2025-26, and (ii) appropri- 26 ation for this item covering fiscal year 27 2025-26 set forth in chapter 53 of the 28 laws of 2024 (26955) ............................ 82,000 29 For services and expenses of the medical 30 assistance program including non-institu- 31 tional and other spending. 32 The money hereby appropriated is available 33 for payment of liabilities heretofore 34 accrued or hereafter accrued. 35 Notwithstanding any inconsistent provision 36 of law, the money hereby appropriated may 37 be available for payments to any county or 38 public school districts associated with 39 additional claims for school supportive 40 health services. 41 Notwithstanding any provision of law to the 42 contrary, the portion of this appropri- 43 ation covering fiscal year 2025-26 shall 44 supersede and replace any duplicative (i) 45 reappropriation for this item covering 46 fiscal year 2025-26, and (ii) appropri- 47 ation for this item covering fiscal year 48 2025-26 set forth in chapter 53 of the 49 laws of 2024 (26956) ........................ 19,802,000 50 For services and expenses of the medical 51 assistance program including medical 52 services provided at state facilities 53 operated by the office of mental health, 54 the office for people with developmental 55 disabilities and the office of addiction 56 services and supports. 
 A. 7515 14 1 Notwithstanding any provision of law to the 2 contrary, the portion of this appropri- 3 ation covering fiscal year 2025-26 shall 4 supersede and replace any duplicative (i) 5 reappropriation for this item covering 6 fiscal year 2025-26, and (ii) appropri- 7 ation for this item covering fiscal year 8 2025-26 set forth in chapter 53 of the 9 laws of 2024 (26961) ........................ 83,400,000 10 -------------- 11 Special Revenue Funds - Federal 12 Federal Health and Human Services Fund 13 Medicaid Direct Account - 25106 14 For services and expenses for the medical 15 assistance program, including administra- 16 tive expenses for local social services 17 districts, pursuant to title XIX of the 18 federal social security act or its succes- 19 sor program. 20 The moneys hereby appropriated are to be 21 available for payment of aid heretofore 22 accrued or hereafter accrued to munici- 23 palities, and to providers of medical 24 services pursuant to section 367-b of the 25 social services law, and for payment of 26 state aid to municipalities and to provid- 27 ers of family care where payment systems 28 through the fiscal intermediaries are not 29 operational. 30 Notwithstanding any inconsistent provision 31 of law, funding made available by these 32 appropriations shall support direct salary 33 costs and related fringe benefits within 34 the medical assistance program associated 35 with any minimum wage increase that takes 36 effect during the timeframe of these 37 appropriations, pursuant to section 652 of 38 the labor law. Each eligible organization 39 in receipt of funding made available by 40 these appropriations may be required to 41 submit written certification, in such form 42 and at such time the commissioner may 43 prescribe, attesting to the total amount 44 of funds used by the eligible organiza- 45 tion, how such funding will be or was used 46 for purposes eligible under these appro- 47 priations and any other reporting deemed 48 necessary by the commissioner. The amounts 49 appropriated herein may include advances 50 to organizations authorized to receive 51 such funds to accomplish this purpose. 52 Notwithstanding any other provision of law, 53 the money hereby appropriated may be 54 increased or decreased by interchange or 
 A. 7515 15 1 transfer, with any appropriation of the 2 department of health and the office of 3 medicaid inspector general and may be 4 increased or decreased by transfer or 5 suballocation between these appropriated 6 amounts and appropriations of the office 7 of mental health, office for people with 8 developmental disabilities, the office of 9 addiction services and supports, the 10 department of family assistance office of 11 temporary and disability assistance, 12 office of children and family services, 13 the department of financial services, 14 department of corrections and community 15 supervision, the office of information 16 technology services, the state university 17 of New York, the state education depart- 18 ment, and the state office for the aging 19 with the approval of the director of the 20 budget, who shall file such approval with 21 the department of audit and control and 22 copies thereof with the chairman of the 23 senate finance committee and the chairman 24 of the assembly ways and means committee. 25 Notwithstanding any inconsistent provision 26 of law, in lieu of payments authorized by 27 the social services law, or payments of 28 federal funds otherwise due to the local 29 social services districts for programs 30 provided under the federal social security 31 act or the federal food stamp act, funds 32 herein appropriated, in amounts certified 33 by the state commissioner of temporary and 34 disability assistance or the state commis- 35 sioner of health as due from local social 36 services districts each month as their 37 share of payments made pursuant to section 38 367-b of the social services law may be 39 set aside by the state comptroller in an 40 interest-bearing account in order to 41 ensure the orderly and prompt payment of 42 providers under section 367-b of the 43 social services law pursuant to an esti- 44 mate provided by the commissioner of 45 health of each local social services 46 district's share of payments made pursuant 47 to section 367-b of the social services 48 law. 49 Notwithstanding any inconsistent provision 50 of law to the contrary, funds shall be 51 made available to the commissioner of the 52 office of mental health or the commission- 53 er of the office of addiction services and 54 supports, in consultation with the commis- 55 sioner of health and approved by the 56 director of the budget, and consistent 
 A. 7515 16 1 with appropriations made therefor, to 2 implement allocation adjustment developed 3 by each such commissioner which shall 4 describe mental health or substance use 5 disorder services that should be developed 6 to meet service needs resulting from the 7 reduction of inpatient behavioral health 8 services provided under the medicaid 9 program, by programs licensed pursuant to 10 article 31 or 32 of the mental hygiene 11 law. Such programs may include programs 12 that are licensed pursuant to both article 13 31 of the mental hygiene law and article 14 28 of the public health law, or certified 15 under both article 32 of the mental 16 hygiene law and article 28 of the public 17 health law. 18 Notwithstanding any inconsistent provision 19 of law, the moneys hereby appropriated may 20 be available for payments associated with 21 the resolution by settlement agreement or 22 judgment of rate appeals and/or litigation 23 where the department of health is a party. 24 Notwithstanding any inconsistent 25 provisions of law, no expenditures shall 26 be used for the medical assistance program 27 for any expenses not explicitly authorized 28 in law without the approval of the direc- 29 tor of the budget. 30 For services and expenses of the medical 31 assistance program including hospital 32 inpatient services. 33 Notwithstanding any provision of law to the 34 contrary, the portion of this appropri- 35 ation covering fiscal year 2025-26 shall 36 supersede and replace any duplicative (i) 37 reappropriation for this item covering 38 fiscal year 2025-26, and (ii) appropri- 39 ation for this item covering fiscal year 40 2025-26 set forth in chapter 53 of the 41 laws of 2024 (26947) ........................ 57,814,000 42 For services and expenses of the medical 43 assistance program including hospital 44 outpatient and emergency room services. 45 Notwithstanding any provision of law to the 46 contrary, the portion of this appropri- 47 ation covering fiscal year 2025-26 shall 48 supersede and replace any duplicative (i) 49 reappropriation for this item covering 50 fiscal year 2025-26, and (ii) appropri- 51 ation for this item covering fiscal year 52 2025-26 set forth in chapter 53 of the 53 laws of 2024 (26948) ........................ 10,372,000 54 For services and expenses of the medical 55 assistance program including clinic 56 services. 
 A. 7515 17 1 Notwithstanding any provision of law to the 2 contrary, the portion of this appropri- 3 ation covering fiscal year 2025-26 shall 4 supersede and replace any duplicative (i) 5 reappropriation for this item covering 6 fiscal year 2025-26, and (ii) appropri- 7 ation for this item covering fiscal year 8 2025-26 set forth in chapter 53 of the 9 laws of 2024 (26949) ........................ 16,967,000 10 For services and expenses of the medical 11 assistance program including nursing home 12 services. 13 Notwithstanding any provision of law to the 14 contrary, the portion of this appropri- 15 ation covering fiscal year 2025-26 shall 16 supersede and replace any duplicative (i) 17 reappropriation for this item covering 18 fiscal year 2025-26, and (ii) appropri- 19 ation for this item covering fiscal year 20 2025-26 set forth in chapter 53 of the 21 laws of 2024(26950) ......................... 79,359,000 22 For services and expenses of the medical 23 assistance program including other long 24 term care services. 25 Notwithstanding any provision of law to the 26 contrary, the portion of this appropri- 27 ation covering fiscal year 2025-26 shall 28 supersede and replace any duplicative (i) 29 reappropriation for this item covering 30 fiscal year 2025-26, and (ii) appropri- 31 ation for this item covering fiscal year 32 2025-26 set forth in chapter 53 of the 33 laws of 2024 (26951) ....................... 132,394,000 34 For services and expenses of the medical 35 assistance program including managed care 36 services including regional planning 37 activities of the finger lakes health 38 systems agency, including statewide coor- 39 dination and demonstration of best prac- 40 tices. The department shall make grants 41 within amounts appropriated therefor, to 42 assure high-quality and accessible primary 43 care, to provide technical assistance to 44 support financial and business planning 45 for integrated systems of care, and to 46 assist primary care providers in the 47 adoption, implementation, and meaningful 48 use of electronic health record technolo- 49 gy. 50 Notwithstanding any provision of law to the 51 contrary, the portion of this appropri- 52 ation covering fiscal year 2025-26 shall 53 supersede and replace any duplicative (i) 54 reappropriation for this item covering 55 fiscal year 2025-26, and (ii) appropri- 56 ation for this item covering fiscal year 
 A. 7515 18 1 2025-26 set forth in chapter 53 of the 2 laws of 2024 (26952) ....................... 150,829,000 3 For services and expenses of the medical 4 assistance program including pharmacy 5 services, provided, however, that no funds 6 shall be made available pursuant to this 7 appropriation for any drug not explicitly 8 authorized in any heretofore enacted law, 9 rule, or regulation without approval from 10 the director of the budget. 11 Notwithstanding any provision of law to the 12 contrary, the portion of this appropri- 13 ation covering fiscal year 2025-26 shall 14 supersede and replace any duplicative (i) 15 reappropriation for this item covering 16 fiscal year 2025-26, and (ii) appropri- 17 ation for this item covering fiscal year 18 2025-26 set forth in chapter 53 of the 19 laws of 2024 (26953) ........................ 92,616,000 20 For services and expenses of the medical 21 assistance program including transporta- 22 tion services. 23 Notwithstanding any provision of law to the 24 contrary, the portion of this appropri- 25 ation covering fiscal year 2025-26 shall 26 supersede and replace any duplicative (i) 27 reappropriation for this item covering 28 fiscal year 2025-26, and (ii) appropri- 29 ation for this item covering fiscal year 30 2025-26 set forth in chapter 53 of the 31 laws of 2024 (26954) ........................ 12,235,000 32 For services and expenses of the medical 33 assistance program including dental 34 services. 35 Notwithstanding any provision of law to the 36 contrary, the portion of this appropri- 37 ation covering fiscal year 2025-26 shall 38 supersede and replace any duplicative (i) 39 reappropriation for this item covering 40 fiscal year 2025-26, and (ii) appropri- 41 ation for this item covering fiscal year 42 2025-26 set forth in chapter 53 of the 43 laws of 2024 (26955) ......................... 1,422,000 44 For services and expenses of the medical 45 assistance program including noninstitu- 46 tional and other spending. 47 The money hereby appropriated is available 48 for payment of liabilities heretofore 49 accrued or hereafter accrued. 50 Notwithstanding any provision of law to the 51 contrary, the portion of this appropri- 52 ation covering fiscal year 2025-26 shall 53 supersede and replace any duplicative (i) 54 reappropriation for this item covering 55 fiscal year 2025-26, and (ii) appropri- 56 ation for this item covering fiscal year 
 A. 7515 19 1 2025-26 set forth in chapter 53 of the 2 laws of 2024 (26956) ....................... 137,631,000 3 For services and expenses of the medical 4 assistance program including medical 5 services provided at state facilities 6 operated by the office of mental health, 7 the office for people with developmental 8 disabilities and the office of addiction 9 services and supports. 10 Notwithstanding any provision of law to the 11 contrary, the portion of this appropri- 12 ation covering fiscal year 2025-26 shall 13 supersede and replace any duplicative (i) 14 reappropriation for this item covering 15 fiscal year 2025-26, and (ii) appropri- 16 ation for this item covering fiscal year 17 2025-26 set forth in chapter 53 of the 18 laws of 2024 (26961) ........................ 83,400,000 19 -------------- 20 § 6. The amounts specified in this section, or so much thereof as 21 shall be sufficient to accomplish the purposes designated, is hereby 22 appropriated and authorized to be paid as hereinafter provided, to the 23 public officers and for the purposes specified, which amount shall be 24 available for the state fiscal year beginning April 1, 2025. 25 DEPARTMENT OF LABOR 26 AID TO LOCALITIES 27 UNEMPLOYMENT INSURANCE BENEFIT PROGRAM ..................... 165,000,000 28 -------------- 29 Enterprise Funds 30 Unemployment Insurance Benefit Fund 31 Unemployment Insurance Benefit Account - 50650 32 For payment of unemployment insurance bene- 33 fits pursuant to article 18 of the labor 34 law or as authorized by the federal 35 government through the disaster unemploy- 36 ment assistance program, the emergency 37 unemployment compensation program, the 38 extended benefit program, the federal 39 additional compensation program or any 40 other federally funded unemployment bene- 41 fit program (34787) ........................ 165,000,000 42 -------------- 43 § 7. The amounts specified in this section, or so much thereof as 44 shall be sufficient to accomplish the purposes designated, is hereby 45 appropriated and authorized to be paid as hereinafter provided, to the 46 public officers and for the purposes specified, which amount shall be 47 available for the state fiscal year beginning April 1, 2025. 
 A. 7515 20 1 OFFICE OF MENTAL HEALTH 2 AID TO LOCALITIES 3 ADULT SERVICES PROGRAM ...................................... 94,917,000 4 -------------- 5 General Fund 6 Local Assistance Account - 10000 7 For services and expenses of various adult 8 community mental health services, includ- 9 ing transfer to the department of health 10 to reimburse the department for the state 11 and/or local share of medical assistance 12 for various community mental health 13 services. 14 For payment of state financial assistance, 15 net of disallowances, for community mental 16 health programs pursuant to article 41 and 17 other provisions of the mental hygiene 18 law. The moneys hereby appropriated for 19 allocation to local governments and volun- 20 tary agencies for services are available 21 to reimburse or advance funds to local 22 governments and voluntary agencies for 23 expenditures made or to be made during 24 local program years commencing January 1, 25 2025 or July 1, 2025 and for advances for 26 the period beginning January 1, 2026 for 27 local governments and voluntary agencies 28 with program years beginning January 1. 29 Notwithstanding any provision of law to 30 the contrary, the commissioner of the 31 office of mental health shall be author- 32 ized, subject to the approval of the 33 director of the budget, to continue 34 contracts and state aid letter payments to 35 support county contracts which were 36 executed on or before March 31, 2025 with 37 entities providing services to persons 38 with mental illness, without any addi- 39 tional requirements that such contracts be 40 subject to competitive bidding, a request 41 for proposals process or other administra- 42 tive procedures. 43 The state comptroller is hereby authorized 44 to receive funds from the office of mental 45 health that were returned from providers 46 in the current fiscal year in respect of a 47 settlement of local assistance funds from 48 prior fiscal years, and is authorized to 49 refund such moneys to the credit of the 50 local assistance account of the general 51 fund for the purpose of reimbursing the 52 2025-26 appropriation. 
 A. 7515 21 1 Notwithstanding any other provision of law 2 to the contrary, and consistent with 3 section 33.07 of the mental hygiene law, 4 the directors of facilities licensed but 5 not operated by the office of mental 6 health who act as federally appointed 7 representative payees and who assume 8 management responsibility over the funds 9 of a resident may continue to use such 10 funds for the cost of the resident's care 11 and treatment, consistent with federal law 12 and regulations. 13 Notwithstanding any other provision of law, 14 the commissioner of mental health shall, 15 until July 1, 2026, be solely authorized, 16 in his or her discretion, to designate 17 those general hospitals, local govern- 18 mental units and voluntary agencies which 19 may apply and be considered for the 20 approval and issuance of an operating 21 certificate pursuant to article 31 of the 22 mental hygiene law for the operation of a 23 comprehensive psychiatric emergency 24 program. 25 Notwithstanding any provision of section 21 26 of chapter 723 of the laws of 1989, as 27 amended, to the contrary, the provisions 28 of sections 1, 2 and 4-20 of such chapter 29 shall remain in full force and effect 30 until July 1, 2026, when upon such date 31 the amendments and additions made by such 32 sections of chapter 723 of the laws of 33 1989 shall expire and be deemed repealed, 34 and any provision of law amended by any 35 such sections shall revert to its text as 36 it existed prior to the effective date of 37 chapter 723 of the laws of 1989. 38 Notwithstanding any other provision of law 39 to the contrary, any of the amounts appro- 40 priated herein may be increased or 41 decreased by interchange or transfer with- 42 out limit, with any appropriation of the 43 office of mental health or by transfer or 44 suballocation to any department, agency or 45 public authority for expenditures incurred 46 in the operation of such programs with the 47 approval of the director of the budget: 48 For services and expenses of various commu- 49 nity mental health residential programs, 50 including but not limited to community 51 residences pursuant to sections 41.44 and 52 41.38 of the mental hygiene law. Notwith- 53 standing the provisions of section 31.03 54 of the mental hygiene law and any other 55 inconsistent provision of law, moneys 56 appropriated for family care shall be 
 A. 7515 22 1 available for, but not limited to, the 2 purchase of substitute caretakers up to a 3 maximum of 14 days and payments limited to 4 $774 per year based upon financial need 5 for the personal needs of each client 6 residing in the family care home. Provided 7 further however, notwithstanding any 8 provision of law to the contrary, the 9 commissioner of the office of mental 10 health may appoint a temporary operator in 11 a manner consistent with part L of chapter 12 59 of the laws of 2016 to administer any 13 community mental health residential 14 program appropriated for herein for the 15 period for which this appropriation has 16 effect. Funds appropriated herein will be 17 made available to support the development 18 of new transitional stepdown units to help 19 individuals transitioning from various 20 levels of care to community-based living 21 (36911) ..................................... 94,917,000 22 § 8. The amounts specified in this section, or so much thereof as 23 shall be sufficient to accomplish the purposes designated, is hereby 24 appropriated and authorized to be paid as hereinafter provided, to the 25 public officers and for the purposes specified, which amount shall be 26 available for the state fiscal year beginning April 1, 2025. 27 DEPARTMENT OF VETERANS' SERVICES 28 AID TO LOCALITIES 29 VETERANS' BENEFITS ADVISING PROGRAM ............................. 42,000 30 -------------- 31 Special Revenue Funds - Other 32 Homeless Veterans Assistance Fund 33 Homeless Veterans Assistance Account - 20204 34 For services and expenses related to home- 35 less veterans' housing (54815) .................. 42,000 36 § 9. No expenditure may be made from any appropriation in this act, 37 until a certificate of approval has been issued by the director of the 38 budget and a copy of such certificate shall have been filed with the 39 state comptroller, the chairman of the senate finance committee and the 40 chairman of the assembly ways and means committee provided, however, 41 that any expenditures from any appropriation in this act made by the 42 legislature or judiciary shall not require such certificate. 43 § 10. All expenditures and disbursements made against the appropri- 44 ations in this act shall, upon final action by the legislature on appro- 45 priation bills submitted by the governor pursuant to article VII of the 46 state constitution for the support of government for the state fiscal 47 year beginning April 1, 2025, be transferred by the comptroller as 48 expenditures and disbursements to such appropriations for all state 
 A. 7515 23 1 departments and agencies, as applicable, in amounts equal to the amounts 2 charged against the appropriations in this act for each such department, 3 agency, and the legislature and the judiciary. 4 § 11. Severability clause. If any clause, sentence, paragraph, subdi- 5 vision, section or part of this act shall be adjudged by any court of 6 competent jurisdiction to be invalid, such judgment shall not affect, 7 impair, or invalidate the remainder thereof, but shall be confined in 8 its operation to the clause, sentence, paragraph, subdivision, section 9 or part thereof directly involved in the controversy in which such judg- 10 ment shall have been rendered. It is hereby declared to be the intent of 11 the legislature that this act would have been enacted even if such 12 invalid provisions had not been included herein. 13 § 12. This act shall take effect immediately and shall be deemed to 14 have been in full force and effect on and after April 1, 2025; provided, 15 however, that upon the transfer of expenditures and disbursements by the 16 comptroller as provided in section ten of this act, the appropriations 17 made by this act and subject to such section shall be deemed repealed.