A 7635: Provides for emergency appropriation through April 7, 2025 for the support of government.

  
  STATE OF NEW YORK ________________________________________________________________________ 7635 2025-2026 Regular Sessions  IN ASSEMBLY April 3, 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; to amend chapter 113 of the laws of 2025 making appropriations for the support of government, in relation thereto; and providing 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. Section 2 of chapter 113 of the laws of 2025, relating to making 9 appropriations for the support of government, is amended to read as 10 follows: 11 § 2. The amounts specified in this section, or so much thereof as 12 shall be sufficient to accomplish the purposes designated, is hereby 13 appropriated and authorized to be paid as hereinafter provided, to the 14 public officers and for the purpose specified, which amount shall be 15 available for the state fiscal year beginning April 1, 2025. 16 ALL STATE DEPARTMENTS AND AGENCIES 17 For the purpose of making payments for 18 personal service, including liabilities 19 incurred prior to April 1, 2025, on the 20 payrolls scheduled to be paid during the 21 period April 1 through [April 3, 2025] EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12003-01-5 
 A. 7635 2 1 April 7, 2025 to state officers and 2 employees of the executive branch. This 3 appropriation also includes payments for 4 services performed by mentally ill or 5 developmentally disabled persons who are 6 employed in state-operated special employ- 7 ment, work-for-pay or sheltered workshop 8 programs .................... [279,930,000] 324,930,000 9 -------------- 10 § 3. Section 3 of chapter 113 of the laws of 2025, relating to making 11 appropriations for the support of government, is amended to read as 12 follows: 13 § 3. The amount specified in this section, or so much thereof as shall 14 be sufficient to accomplish the purpose designated, is hereby appropri- 15 ated and authorized to be paid as hereinafter provided, to the public 16 officers and for the purpose specified, which amount shall be available 17 for the state fiscal year beginning April 1, 2025. 18 ALL STATE DEPARTMENTS AND AGENCIES 19 For the payment of state operations non 20 personal service liabilities to the execu- 21 tive branch, including the comptroller, 22 and the attorney general, incurred in the 23 ordinary course of business, during the 24 period April 1 through [April 3, 2025] 25 April 7, 2025, pursuant to existing state 26 law and for purposes for which the legis- 27 lature authorized the expenditure of 28 moneys during the 2024-2025 state fiscal 29 year; provided, however, that nothing 30 contained herein shall be deemed to limit 31 or restrict the power or authority of 32 state departments or agencies to conduct 33 their activities or operations in accord- 34 ance with existing law, and further 35 provided that nothing contained herein 36 shall be deemed to supersede, nullify or 37 modify the provisions of section 40 of the 38 state finance law prescribing when appro- 39 priations made for the 2024-2025 state 40 fiscal year shall have ceased to have 41 force and effect ............................ 10,000,000 42 -------------- 43 § 4. Section 4 of chapter 113 of the laws of 2025, relating to making 44 appropriations for the support of government, is amended to read as 45 follows: 46 § 4. The amounts specified in this section, or so much thereof as 47 shall be sufficient to accomplish the purposes designated, is hereby 48 appropriated and authorized to be paid as hereinafter provided, to the 49 public officers and for the purposes specified, which amount shall be 50 available for the state fiscal year beginning April 1, 2025. 
 A. 7635 3 1 MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES 2 GENERAL STATE CHARGES 3 STATE OPERATIONS 4 GENERAL STATE CHARGES ....................... [20,650,000] 20,925,000 5 -------------- 6 General Fund 7 State Purposes Account - 10050 8 For employee fringe benefits according to 9 the following project schedule including 10 those benefits which are related to 11 employees paid from funds, accounts, or 12 programs where the division of the budget 13 has issued waivers ........... [20,650,000] 20,925,000 14 Project Schedule 15 PROJECT AMOUNT 16 -------------------------------------------- 17 For the state's contribution 18 to the social security 19 contribution fund ............. 20,300,000 20 For the state's share of 21 contributions to the volun- 22 tary defined contribution 23 plan made on behalf of 24 eligible employees pursuant 25 to chapter 18 of the laws of 26 2012 who elect to partic- 27 ipate in such plan and who 28 are not otherwise eligible 29 to participate in the SUNY 30 optional retirement program ...... 275,000 31 For the payment of the metro- 32 politan commuter transporta- 33 tion mobility tax pursuant 34 to article 23 of the tax 35 law, as added by chapter 25 36 of the laws of 2009, on 37 behalf of the state employ- 38 ees employed in the metro- 39 politan commuter transporta- 40 tion district .................... 350,000 41 -------------- 42 Project schedule total ... 43 ........... [20,650,000] 20,925,000 44 -------------- 45 § 5. Section 5 of chapter 113 of the laws of 2025, relating to making 46 appropriations for the support of government, is amended to read as 47 follows: 48 § 5. The amounts specified in this section, or so much thereof as 49 shall be sufficient to accomplish the purposes designated, is hereby 50 appropriated and authorized to be paid as hereinafter provided, to the 
 A. 7635 4 1 public officers and for the purposes specified, which amount shall be 2 available for the state fiscal year beginning April 1, 2025. 3 DEPARTMENT OF HEALTH 4 AID TO LOCALITIES 5 CENTER FOR COMMUNITY HEALTH PROGRAM ........... [3,210,000] 14,490,000 6 -------------- 7 General Fund 8 Local Assistance Account - 10000 9 For services and expenses related to the 10 Indian health program. The money hereby 11 appropriated shall be for payment of 12 financial assistance heretofore accrued or 13 hereafter to accrue (26840) .................. 7,000,000 14 -------------- 15 Special Revenue Funds - Federal 16 Federal USDA-Food and Nutrition Services Fund 17 Federal Food and Nutrition Services Account - 25022 18 For various federal food and nutritional 19 services. The moneys hereby appropriated 20 shall be available for payment of finan- 21 cial assistance heretofore accrued (26986) 22 ............................... [3,210,000] 7,490,000 23 -------------- 24 ELDERLY PHARMACEUTICAL INSURANCE COVERAGE PROGRAM ............ 1,520,000 25 -------------- 26 Special Revenue Funds - Other 27 HCRA Resources Fund 28 EPIC Premium Account - 20818 29 For services and expenses of the program for 30 elderly pharmaceutical insurance coverage, 31 including reimbursement to pharmacies 32 participating in such program. 33 The moneys hereby appropriated shall be 34 available for payment of financial assist- 35 ance heretofore accrued (26803) .............. 1,520,000 36 MEDICAL ASSISTANCE PROGRAM ............... [1,111,204,000] 1,363,969,000 37 -------------- 38 General Fund 39 Local Assistance Account - 10000 40 For the medical assistance program, includ- 41 ing administrative expenses, for local 42 social services districts, and for medical 
 A. 7635 5 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. 7635 6 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. 7635 7 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. 7635 8 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. 7635 9 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. 7635 10 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. 7635 11 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. 7635 12 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] 40,400,000 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] 10,432,000 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] 19,026,000 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] 50,936,000 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. 7635 13 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] 140,778,000 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] 86,862,000 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] 6,032,000 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. 7635 14 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] 96,952,000 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] 14,344,000 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] 164,000 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] 39,604,000 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. 7635 15 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. 7635 16 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. 7635 17 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. 7635 18 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. 7635 19 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. 7635 20 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. Section 6 of chapter 113 of the laws of 2025, relating to making 21 appropriations for the support of government, is amended to read as 22 follows: 23 § 6. The amounts specified in this section, or so much thereof as 24 shall be sufficient to accomplish the purposes designated, is hereby 25 appropriated and authorized to be paid as hereinafter provided, to the 26 public officers and for the purposes specified, which amount shall be 27 available for the state fiscal year beginning April 1, 2025. 28 DEPARTMENT OF LABOR 29 AID TO LOCALITIES 30 UNEMPLOYMENT INSURANCE BENEFIT PROGRAM ...... [165,000,000] 195,000,000 31 -------------- 32 Enterprise Funds 33 Unemployment Insurance Benefit Fund 34 Unemployment Insurance Benefit Account - 50650 35 For payment of unemployment insurance bene- 36 fits pursuant to article 18 of the labor 37 law or as authorized by the federal 38 government through the disaster unemploy- 39 ment assistance program, the emergency 40 unemployment compensation program, the 41 extended benefit program, the federal 42 additional compensation program or any 43 other federally funded unemployment bene- 44 fit program (34787) ......... [165,000,000] 195,000,000 45 -------------- 46 § 7. Section 8 of chapter 113 of the laws of 2025, relating to making 47 appropriations for the support of government, is amended to read as 48 follows: 
 A. 7635 21 1 § 8. The amounts specified in this section, or so much thereof as 2 shall be sufficient to accomplish the purposes designated, is hereby 3 appropriated and authorized to be paid as hereinafter provided, to the 4 public officers and for the purposes specified, which amount shall be 5 available for the state fiscal year beginning April 1, 2025. 6 DEPARTMENT OF VETERANS' SERVICES 7 AID TO LOCALITIES 8 VETERANS' BENEFITS ADVISING PROGRAM .............. [42,000] 98,000 9 -------------- 10 Special Revenue Funds - Other 11 Homeless Veterans Assistance Fund 12 Homeless Veterans Assistance Account - 20204 13 For services and expenses related to home- 14 less veterans' housing (54815) ... [42,000] 98,000 15 § 8. No expenditure may be made from any appropriation in this act, 16 until a certificate of approval has been issued by the director of the 17 budget and a copy of such certificate shall have been filed with the 18 state comptroller, the chairman of the senate finance committee and the 19 chairman of the assembly ways and means committee provided, however, 20 that any expenditures from any appropriation in this act made by the 21 legislature or judiciary shall not require such certificate. 22 § 9. All expenditures and disbursements made against the appropri- 23 ations in this act shall, upon final action by the legislature on appro- 24 priation bills submitted by the governor pursuant to article VII of the 25 state constitution for the support of government for the state fiscal 26 year beginning April 1, 2025, be transferred by the comptroller as 27 expenditures and disbursements to such appropriations for all state 28 departments and agencies, as applicable, in amounts equal to the amounts 29 charged against the appropriations in this act for each such department, 30 agency, and the legislature and the judiciary. 31 § 10. Severability clause. If any clause, sentence, paragraph, subdi- 32 vision, section or part of this act shall be adjudged by any court of 33 competent jurisdiction to be invalid, such judgment shall not affect, 34 impair, or invalidate the remainder thereof, but shall be confined in 35 its operation to the clause, sentence, paragraph, subdivision, section 36 or part thereof directly involved in the controversy in which such judg- 37 ment shall have been rendered. It is hereby declared to be the intent of 38 the legislature that this act would have been enacted even if such 39 invalid provisions had not been included herein. 40 § 11. This act shall take effect immediately and shall be deemed to 41 have been in full force and effect on and after April 1, 2025; provided, 42 however, that upon the transfer of expenditures and disbursements by the 43 comptroller as provided in section nine of this act, the appropriations 44 made by this act and subject to such section shall be deemed repealed.