A 7765: Provides for emergency appropriation through April 15, 2025 for the support of government.

  
  STATE OF NEW YORK ________________________________________________________________________ 7765 2025-2026 Regular Sessions  IN ASSEMBLY April 10, 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; to amend chapter 118 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, as amended by chapter 118 10 of the laws of 2025, is amended to read as 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12005-01-5 
 A. 7765 2 1 payrolls scheduled to be paid during the 2 period April 1 through April [9] 15, 2025 3 to state officers and employees of the 4 executive branch, including the governor, 5 lieutenant governor, comptroller, and 6 attorney general, and to employees of the 7 legislature. This appropriation also 8 includes payments for services performed 9 by mentally ill or developmentally disa- 10 bled persons who are employed in state-op- 11 erated special employment, work-for-pay or 12 sheltered workshop programs ................ 668,330,000 13 -------------- 14 § 3. Section 3 of chapter 113 of the laws of 2025, relating to making 15 appropriations for the support of government, as amended by chapter 118 16 of the laws of 2025, is amended to read as follows: 17 § 3. The amount specified in this section, or so much thereof as shall 18 be sufficient to accomplish the purpose designated, is hereby appropri- 19 ated and authorized to be paid as hereinafter provided, to the public 20 officers and for the purpose specified, which amount shall be available 21 for the state fiscal year beginning April 1, 2025. 22 ALL STATE DEPARTMENTS AND AGENCIES 23 For the payment of state operations non 24 personal service liabilities to the execu- 25 tive branch, including the comptroller, 26 and the attorney general, and legislature, 27 incurred in the ordinary course of busi- 28 ness, during the period April 1 through 29 April [9] 15, 2025, pursuant to existing 30 state law and for purposes for which the 31 legislature authorized the expenditure of 32 moneys during the 2024-2025 state fiscal 33 year; provided, however, that nothing 34 contained herein shall be deemed to limit 35 or restrict the power or authority of 36 state departments or agencies to conduct 37 their activities or operations in accord- 38 ance with existing law, and further 39 provided that nothing contained herein 40 shall be deemed to supersede, nullify or 41 modify the provisions of section 40 of the 42 state finance law prescribing when appro- 43 priations made for the 2024-2025 state 44 fiscal year shall have ceased to have 45 force and effect ......................... 46 .............................. [20,000,000] 32,000,000 47 -------------- 48 § 4. Section 4 of chapter 113 of the laws of 2025, relating to making 49 appropriations for the support of government, as amended by chapter 118 50 of the laws of 2025, is amended to read as follows: 51 § 4. The amounts specified in this section, or so much thereof as 52 shall be sufficient to accomplish the purposes designated, is hereby 
 A. 7765 3 1 appropriated and authorized to be paid as hereinafter provided, to the 2 public officers and for the purposes specified, which amount shall be 3 available for the state fiscal year beginning April 1, 2025. 4 MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES 5 GENERAL STATE CHARGES 6 STATE OPERATIONS 7 GENERAL STATE CHARGES ....................... [50,175,000] 516,471,000 8 -------------- 9 General Fund 10 State Purposes Account - 10050 11 For employee fringe benefits according to 12 the following project schedule including 13 those benefits which are related to 14 employees paid from funds, accounts, or 15 programs where the division of the budget 16 has issued waivers ........... [50,175,000] 516,471,000 17 Project Schedule 18 PROJECT AMOUNT 19 -------------------------------------------- 20 For the state's contribution 21 to the health insurance fund 22 and deposit into the retiree 23 health benefit trust fund 24 pursuant to section 99-aa of 25 the state finance law. The 26 state's share of the health 27 insurance program dividends 28 shall be available to pay 29 for the premiums in 2025-26 .. 422,000,000 30 For the state's contribution 31 to the social security 32 contribution fund ............. 49,550,000 33 For the state's contribution 34 to employee benefit fund 35 programs ...................... 37,500,000 36 For the state's contribution 37 to the dental insurance plan ... 6,000,000 38 For the state's share of 39 contributions to the volun- 40 tary defined contribution 41 plan made on behalf of 42 eligible employees pursuant 43 to chapter 18 of the laws of 44 2012 who elect to partic- 45 ipate in such plan and who 46 are not otherwise eligible 47 to participate in the SUNY 48 optional retirement program 49 ................... [275,000] 279,000 50 For the payment of the metro- 
 A. 7765 4 1 politan commuter transporta- 2 tion mobility tax pursuant 3 to article 23 of the tax 4 law, as added by chapter 25 5 of the laws of 2009, on 6 behalf of the state employ- 7 ees employed in the metro- 8 politan commuter transporta- 9 tion district ..... [350,000] 1,125,000 10 For the state's contribution 11 to the vision care plan ........... 17,000 12 -------------- 13 Project schedule total ... 14 ........... [50,175,000] 516,471,000 15 -------------- 16 § 5. Section 5 of chapter 118 of the laws of 2025, relating to making 17 appropriations for the support of government, is amended to read as 18 follows: 19 § 5. The amounts specified in this section, or so much thereof as 20 shall be sufficient to accomplish the purposes designated, is hereby 21 appropriated and authorized to be paid as hereinafter provided, to the 22 public officers and for the purposes specified, which amount shall be 23 available for the state fiscal year beginning April 1, 2025. 24 JUDICIARY 25 For the purpose of making payments for 26 personal service, including liabilities 27 incurred prior to April 1, 2025, on the 28 payrolls scheduled to be paid during the 29 period April 1 through April [9] 15, 2025 30 to officers and employees of the judiciary 31 ............................................. 85,000,000 32 For the payment of state operations nonper- 33 sonal service liabilities, the sum of 34 twenty-five million dollars ($25,000,000), 35 or so much thereof as shall be sufficient 36 to accomplish the purpose designated, is 37 hereby appropriated to the judiciary out 38 of any moneys in the general fund or other 39 funds to the credit of the state purposes 40 account not otherwise appropriated. The 41 comptroller is hereby authorized and 42 directed to utilize this appropriation for 43 the purpose of making payments for nonper- 44 sonal service liabilities incurred by the 45 judiciary from April 1 through April 15, 46 2025 ........................................ 25,000,000 47 For the payment of aid to localities liabil- 48 ities, the sum of thirty million dollars 49 ($30,000,000), or so much thereof as shall 50 be sufficient to accomplish the purpose 51 designated, is hereby appropriated to the 52 judiciary out of any moneys in the general 53 fund or other funds to the credit of the 
 A. 7765 5 1 state purposes account not otherwise 2 appropriated. The comptroller is hereby 3 authorized and directed to utilize this 4 appropriation for the purpose of making 5 payments for aid to localities liabilities 6 incurred by the judiciary from April 1 7 through April 15, 2025 ...................... 30,000,000 8 For the payment of employee fringe benefit 9 programs including, but not limited to, 10 the judiciary's contributions to the 11 health insurance fund, the employees' 12 retirement system pension accumulation 13 fund, the social security contribution 14 fund, employee benefit fund programs, the 15 dental insurance plan, the vision care 16 plan, the unemployment insurance fund, and 17 for workers' compensation benefits, the 18 sum of three hundred million dollars 19 ($300,000,000), or so much thereof as 20 shall be sufficient to accomplish the 21 purpose designated, is hereby appropriated 22 to the judiciary out of any moneys in the 23 general fund or other funds to the credit 24 of the state purposes account not other- 25 wise appropriated. The comptroller is 26 hereby authorized and directed to utilize 27 this appropriation for the purpose of 28 making payments for employee fringe bene- 29 fit liabilities incurred by the judiciary 30 from April 1 through April [9] 15, 2025 .... 300,000,000 31 -------------- 32 § 6. The amounts specified in this section, or so much thereof as 33 shall be sufficient to accomplish the purposes designated, is hereby 34 appropriated and authorized to be paid as hereinafter provided, to the 35 public officers and for the purposes specified, which amount shall be 36 available for the state fiscal year beginning April 1, 2025. 37 OFFICE OF CHILDREN AND FAMILY SERVICES 38 AID TO LOCALITIES 39 FAMILY AND CHILDREN'S SERVICES PROGRAM ...................... 19,650,000 40 -------------- 41 General Fund 42 Local Assistance Account - 10000 43 For services and expenses for the adoption 44 subsidy program pursuant to title 9 of 45 article 6 of the social services law. 46 Notwithstanding any inconsistent provision 47 of law, the liability of the state to 48 social services districts and the amount 49 to be distributed or otherwise expended by 50 the state to reimburse social services 51 districts pursuant to section 456 of the 52 social services law shall be 62 percent of 
 A. 7765 6 1 eligible social services district expendi- 2 tures. 3 The amount hereby appropriated is to be 4 available for payment of aid heretofore 5 accrued or hereafter to accrue to munici- 6 palities. Subject to the approval of the 7 director of the budget, such funds shall 8 be available to the office net of disal- 9 lowances, refunds, reimbursements, and 10 credits. 11 Notwithstanding any inconsistent provision 12 of law, the amount herein appropriated may 13 be transferred to any other appropriation 14 within the office of children and family 15 services and/or the office of temporary 16 and disability assistance and/or suballo- 17 cated to the office of temporary and disa- 18 bility assistance for the purpose of 19 paying local social services districts' 20 costs of the above program and may be 21 increased or decreased by interchange with 22 any other appropriation or with any other 23 item or items within the amounts appropri- 24 ated within the office of children and 25 family services general fund - local 26 assistance account with the approval of 27 the director of the budget who shall file 28 such approval with the department of audit 29 and control and copies thereof with the 30 chairman of the senate finance committee 31 and the chairman of the assembly ways and 32 means committee. 33 Notwithstanding any inconsistent provision 34 of law, in lieu of payments authorized by 35 the social services law, or payments of 36 federal funds otherwise due to the local 37 social services districts for programs 38 provided under the federal social security 39 act or the federal food stamp act, funds 40 herein appropriated, in amounts certified 41 by the state commissioner or the state 42 commissioner of health as due from local 43 social services districts each month as 44 their share of payments made pursuant to 45 section 367-b of the social services law 46 may be set aside by the state comptroller 47 in an interest-bearing account with such 48 interest accruing to the credit of the 49 locality in order to ensure the orderly 50 and prompt payment of providers under 51 section 367-b of the social services law 52 pursuant to an estimate provided by the 53 commissioner of health of each local 54 social services district's share of 55 payments made pursuant to section 367-b of 56 the social services law. 
 A. 7765 7 1 The amounts appropriated herein shall be 2 available for reimbursement of local 3 district claims only to the extent that 4 such claims are submitted within twenty- 5 four months of the last day of the state 6 fiscal year in which the expenditures were 7 incurred, unless waived for good cause by 8 the commissioner subject to the approval 9 of the director of the budget. 10 Notwithstanding any inconsistent provision 11 of law including, but not limited to, any 12 chapter of the laws of 2024 which enacts a 13 cost of living adjustment for the state 14 fiscal year beginning on April 1, 2024, 15 the commissioner shall continue to apply 16 any cost of living adjustment increase in 17 effect on March 31, 2024 for the entire 18 rate year that began when such cost of 19 living adjustment increase was in effect. 20 Notwithstanding any inconsistent provision 21 of law, the commissioner shall apply a 22 2.84 percent cost of living adjustment for 23 the rate year that begins on July 1, 2024 24 for the purposes of establishing rates of 25 payments, contracts, or any other form of 26 reimbursement, provided that this shall 27 not prevent the commissioner from applying 28 additional trend or staff retention 29 factors for this program. 30 Notwithstanding any other provision of law 31 to the contrary, amounts due and owing to 32 a social services district under this 33 appropriation, may be reduced up to such 34 amounts due and owing to the state under 35 section 529 of the executive law (13917) .... 19,650,000 36 -------------- 37 § 7. The amounts specified in this section, or so much thereof as 38 shall be sufficient to accomplish the purposes designated, is hereby 39 appropriated and authorized to be paid as hereinafter provided, to the 40 public officers and for the purposes specified, which amount shall be 41 available for the state fiscal year beginning April 1, 2025. 42 OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE 43 AID TO LOCALITIES 44 EMPLOYMENT AND INCOME SUPPORT PROGRAM ...................... 262,533,000 45 -------------- 46 General Fund 47 Local Assistance Account - 10000 48 For state reimbursement of the safety net 49 assistance program as established pursuant 50 to chapter 436 of the laws of 1997. 51 Notwithstanding section 153 of the social 52 services law or any other inconsistent 
 A. 7765 8 1 provision of law, funds appropriated here- 2 in shall reimburse 29 percent of safety 3 net assistance expenditures, including the 4 cost of providing shelter supplements for 5 safety net assistance households at local 6 option, including eligible households 7 containing a household member who has been 8 released from prison, in order to prevent 9 eviction and address homelessness in 10 accordance with social services district 11 plans approved by the office of temporary 12 and disability assistance and the director 13 of the budget, provided, however, that in 14 social services districts with a popu- 15 lation over five million no shelter 16 supplements other than the family home- 17 lessness and eviction prevention supple- 18 ment shall be reimbursed, provided however 19 funds appropriated herein shall only be 20 used to reimburse rental costs up to the 21 maximum rent levels in place as of January 22 1, 2021, then adjusted consistent with the 23 annual year-over-year percentage changes 24 in fair market rent, provided, however, in 25 the event of a decrease in fair market 26 rent the value of the maximum rent levels 27 reimbursed with funds appropriated herein 28 shall not decrease and shall be set at the 29 maximum rent levels established during the 30 prior year, and further provided that such 31 supplements shall not be part of the stan- 32 dard of need pursuant to section 131-a of 33 the social services law. Funds appropri- 34 ated herein shall also reimburse 29 35 percent of safety net assistance expendi- 36 tures, in social services districts with a 37 population over five million, for emergen- 38 cy shelter, transportation, or nutrition 39 payments which the district determines are 40 necessary to establish or maintain inde- 41 pendent living arrangements among persons 42 living with medically diagnosed HIV 43 infection as defined by the AIDS institute 44 of the state department of health and who 45 are homeless or facing homelessness and 46 for whom no viable and less costly alter- 47 native to housing is available; provided, 48 however, that funds appropriated herein 49 may only be used for such purposes if the 50 cost of such allowances are not eligible 51 for reimbursement under medical assistance 52 or other programs. 53 Funds appropriated herein shall reimburse 29 54 percent of safety net assistance expendi- 55 tures, in social services districts with a 56 population of five million or fewer, for 
 A. 7765 9 1 emergency shelter payments promulgated by 2 the office of temporary and disability 3 assistance which the district determines 4 are necessary to establish or maintain 5 independent living arrangements among 6 persons living with medically diagnosed 7 HIV infection as defined by the AIDS 8 institute of the state department of 9 health and who are homeless or facing 10 homelessness and for whom no viable and 11 less costly alternative to housing is 12 available; provided, however, that funds 13 appropriated herein may only be used for 14 such purposes if the cost of such allow- 15 ances are not eligible for reimbursement 16 under medical assistance or other 17 programs. 18 Funds appropriated herein shall reimburse 29 19 percent of safety net assistance expendi- 20 tures, in social services districts with a 21 population of five million or fewer, for 22 emergency shelter payments in excess of 23 those promulgated by the office of tempo- 24 rary and disability assistance but not 25 exceeding an amount reasonably approximate 26 to 100 percent of fair market rent, at 27 local option which the district determines 28 are necessary to establish or maintain 29 independent living arrangements among 30 persons living with medically diagnosed 31 HIV infection as defined by the AIDS 32 institute of the State department of 33 health and who are homeless or facing 34 homelessness and for whom no viable and 35 less costly alternative to housing is 36 available; provided, however, that funds 37 appropriated herein may only be used for 38 such purposes if the cost of such allow- 39 ances are not eligible for reimbursement 40 under medical assistance or other 41 programs. Such emergency shelter payments 42 shall only be made at local option and in 43 accordance with a plan approved by the 44 office of temporary and disability assist- 45 ance and the director of the budget. 46 Provided, however, notwithstanding section 47 153 of the social services law or any 48 other inconsistent provision of law, if 49 necessary funding, as determined by the 50 director of the budget, is secured in a 51 social services district from the medical 52 assistance program by reducing the capita- 53 tion rates paid to medicaid managed care 54 organizations by the amount of savings 55 resulting from stably housing individuals 56 living with medically diagnosed HIV 
 A. 7765 10 1 infection as defined by the AIDS institute 2 of the state department of health, the 3 social services district shall make such 4 emergency shelter payments in excess of 5 those promulgated by the office of tempo- 6 rary and disability assistance but not 7 exceeding an amount reasonably approximate 8 to 100 percent of fair market rent, and 9 the savings shall be used to reimburse 100 10 percent of the cost of such excess emer- 11 gency shelter payments for cases reim- 12 bursed under the safety net assistance or 13 family assistance programs in social 14 services districts with a population of 15 five million or fewer, in accordance with 16 a plan approved by the office of temporary 17 and disability assistance and the director 18 of the budget; provided further that 19 reimbursement shall be provided to medi- 20 caid managed care organizations through 21 adjustments to capitation rates should 22 actual gross savings not be realized as 23 determined by the director of the budget. 24 For persons living with medically diagnosed 25 HIV infection as defined by the AIDS 26 institute of the state department of 27 health living in social services districts 28 with a population over five million who 29 are receiving public assistance, funds 30 appropriated herein shall be used to reim- 31 burse 29 percent of the additional rental 32 costs determined based on limiting such 33 person's earned and/or unearned income 34 contribution to 30 percent. 35 For persons living with medically diagnosed 36 HIV infection as defined by the AIDS 37 institute of the state department of 38 health living in social services districts 39 with a population of five million or fewer 40 who are receiving public assistance, funds 41 appropriated herein may be used to reim- 42 burse up to 100 percent of the additional 43 rental costs determined based on limiting 44 such person's earned and/or unearned 45 income contribution to 30 percent. Such 46 payments of additional rental costs shall 47 only be made at local option and in 48 accordance with a plan approved by the 49 office of temporary and disability assist- 50 ance and the director of the budget. 51 Provided, however, notwithstanding section 52 153 of the social services law or any 53 other inconsistent provision of law, if 54 necessary funding, as determined by the 55 director of the budget, is secured in a 56 social services district from the medical 
 A. 7765 11 1 assistance program by reducing the capita- 2 tion rates paid to medicaid managed care 3 organizations by the amount of savings 4 resulting from stably housing individuals 5 living with medically diagnosed HIV 6 infection as defined by the AIDS institute 7 of the state department of health, the 8 social services district shall make such 9 payments of additional rental costs, for 10 cases reimbursed under the safety net 11 assistance and family assistance program, 12 and the savings shall be used to reimburse 13 100 percent of the cost of the additional 14 rental costs determined based on limiting 15 such person's earned and/or unearned 16 income contribution to 30 percent in 17 social services districts with a popu- 18 lation of five million or fewer, in 19 accordance with a plan approved by the 20 office of temporary and disability assist- 21 ance and the director of the budget; 22 provided further that reimbursement shall 23 be provided to medicaid managed care 24 organizations through adjustments to capi- 25 tation rates should actual gross savings 26 not be realized as determined by the 27 director of the budget. 28 Amounts appropriated herein may be used to 29 enter into contracts with persons or enti- 30 ties authorized pursuant to subdivision 31 (j) of section 17 of the social services 32 law consistent with federal law and 33 requirements. Such contracts will be 34 consistent with subdivision (j) of section 35 17 of the social services law. Notwith- 36 standing section 153 of the social 37 services law or any other inconsistent 38 provision of law, the office may reduce 39 reimbursement otherwise payable to social 40 services districts to recover 29 percent 41 of costs incurred by the office for 42 expenditures related to subdivision (j) of 43 section 17 of the social services law. 44 Such funds are to be available for payment 45 of aid heretofore accrued or hereafter to 46 accrue to municipalities. Subject to the 47 approval of the director of the budget, 48 such funds shall be available to the 49 office of temporary and disability assist- 50 ance net of disallowances, refunds, 51 reimbursements, and credits, including 52 those related to title IV-E of the social 53 security act; and including, but not 54 limited to, additional federal funds 55 resulting from any changes in federal cost 56 allocation methodologies. 
 A. 7765 12 1 Notwithstanding any inconsistent provision 2 of law, the amount herein appropriated may 3 be increased or decreased by interchange 4 with any other appropriation within the 5 office of temporary and disability assist- 6 ance general fund - local assistance 7 account with the approval of the director 8 of the budget, who shall file such 9 approval with the department of audit and 10 control and copies thereof with the chair- 11 man of the senate finance committee and 12 the chairman of the assembly ways and 13 means committee. 14 Social services districts shall be required 15 to report to the office of temporary and 16 disability assistance on an annual basis, 17 information, as determined and requested 18 by the office, related to services and 19 expenditures for which reimbursement is 20 sought for providing temporary housing 21 assistance to homeless individuals and 22 families. Such information shall be 23 submitted electronically to the extent 24 feasible as determined by the office, and 25 shall be used to evaluate expenditures by 26 such social services districts for the 27 provision of temporary housing assistance 28 for homeless individuals and families. 29 Notwithstanding section 153 of the social 30 services law, or any other inconsistent 31 provision of law, the office of temporary 32 and disability assistance may withhold or 33 deny reimbursement, in whole or in part, 34 to any social services district that fails 35 to develop or submit a homeless services 36 plan subject to the approval of the office 37 of temporary and disability assistance, 38 fails to provide homeless services and 39 outreach in accordance with its approved 40 homeless services plan, or fails to devel- 41 op or submit homeless services outcome 42 reports, consistent with those require- 43 ments promulgated by the office of tempo- 44 rary and disability assistance. 45 Notwithstanding section 153 of the social 46 services law, or any other inconsistent 47 provision of law, such appropriation shall 48 be available for reimbursement of eligible 49 costs incurred on or after January 1, 2025 50 and before January 1, 2026, that are 51 otherwise reimbursable by the state on or 52 after April 1, 2025, that are claimed by 53 March 1, 2026. Such reimbursement shall 54 constitute total state reimbursement for 55 activities funded herein in state fiscal 56 year 2025-2026 (52203) ...................... 79,200,000 
 A. 7765 13 1 For expenditures for additional state 2 payments for eligible aged, blind, and 3 disabled persons related to supplemental 4 security income and for expenditures made 5 pursuant to title 8 of article 5 of the 6 social services law. Such funds are avail- 7 able for payment of aid heretofore accrued 8 or hereafter to accrue. Notwithstanding 9 any inconsistent provision of law, the 10 amount herein appropriated may be 11 increased or decreased by interchange with 12 any other appropriation within the office 13 of temporary and disability assistance 14 general fund - local assistance account 15 with the approval of the director of the 16 budget, who shall file such approval with 17 the department of audit and control and 18 copies thereof with the chairman of the 19 senate finance committee and the chairman 20 of the assembly ways and means committee 21 (52311) ..................................... 58,333,000 22 Special Revenue Funds - Federal 23 Federal Health and Human Services Fund 24 Temporary Assistance for Needy Families Account - 25178 25 For reimbursement of the cost of the family 26 assistance and the emergency assistance to 27 families programs. Notwithstanding section 28 153 of the social services law or any 29 inconsistent provision of law, funds 30 appropriated herein shall be provided 31 without state or local participation 32 except that for social services districts 33 with a population of five million or more, 34 reimbursement will be eighty-five percent. 35 Funds appropriated herein shall also include 36 the cost of providing shelter supplements 37 for family assistance households at local 38 option, including eligible households 39 containing a household member who has been 40 released from prison, in order to prevent 41 eviction and address homelessness in 42 accordance with social services district 43 plans approved by the office of temporary 44 and disability assistance and the director 45 of the budget, provided, however, that in 46 social services districts with a popu- 47 lation over five million no shelter 48 supplements other than the family home- 49 lessness and eviction prevention supple- 50 ment shall be reimbursed, provided however 51 funds appropriated herein shall only be 52 used to reimburse rental costs up to the 53 maximum rent levels in place as of January 54 1, 2021, then adjusted consistent with the 
 A. 7765 14 1 annual year-over-year percentage changes 2 in fair market rent, provided, however, in 3 the event of a decrease in fair market 4 rent the value of the maximum rent levels 5 reimbursed with funds appropriated herein 6 shall not decrease and shall be set at the 7 maximum rent levels established during the 8 prior year, and further provided that such 9 supplements shall not be part of the stan- 10 dard of need pursuant to section 131-a of 11 the social services law. 12 Funds appropriated herein shall also reim- 13 burse for family assistance expenditures 14 for emergency shelter, transportation, or 15 nutrition payments which the district 16 determines are necessary to establish or 17 maintain independent living arrangements 18 among persons living with medically diag- 19 nosed HIV infection as defined by the AIDS 20 institute of the State department of 21 health and who are homeless or facing 22 homelessness and for whom no viable and 23 less costly alternative to housing is 24 available; provided, however, that funds 25 appropriated herein may only be used for 26 such purposes if the cost of such allow- 27 ances are not eligible for reimbursement 28 under medical assistance or other 29 programs. 30 For persons living with medically diagnosed 31 HIV infection as defined by the AIDS 32 institute of the state department of 33 health who are receiving public assistance 34 funds appropriated herein shall not be 35 used to reimburse the additional rental 36 costs determined based on limiting such 37 person's earned and/or unearned income 38 contribution to 30 percent. 39 Amounts appropriated herein may be used to 40 enter into contracts with persons or enti- 41 ties authorized pursuant to subdivision 42 (j) of section 17 of the social services 43 law consistent with federal law and 44 requirements. Such contracts will be made 45 consistent with subdivision (j) of section 46 17 of the social services law. Notwith- 47 standing section 153 of the social 48 services law or any other inconsistent 49 provision of law, the office may reduce 50 reimbursement otherwise payable to social 51 services districts to recover the federal 52 share of costs incurred by the office for 53 expenditures related to subdivision (j) of 54 section 17 of the social services law. 55 Such funds are to be available for payment 56 of aid heretofore accrued or hereafter to 
 A. 7765 15 1 accrue to municipalities. Subject to the 2 approval of the director of the budget, 3 such funds shall be available to the 4 office of temporary and disability assist- 5 ance net of disallowances, refunds, 6 reimbursements, and credits including, but 7 not limited to, additional federal funds 8 resulting from any changes in federal cost 9 allocation methodologies. 10 Notwithstanding any inconsistent provision 11 of law, the amount herein appropriated may 12 be increased or decreased by interchange 13 with any other appropriation within the 14 office of temporary and disability assist- 15 ance federal fund - local assistance 16 account with the approval of the director 17 of the budget, who shall file such 18 approval with the department of audit and 19 control and copies thereof with the chair- 20 man of the senate finance committee and 21 the chairman of the assembly ways and 22 means committee. 23 Social services districts shall be required 24 to report to the office of temporary and 25 disability assistance on an annual basis, 26 information, as determined and requested 27 by the office, related to services and 28 expenditures for which reimbursement is 29 sought for providing temporary housing 30 assistance to homeless individuals and 31 families. Such information shall be 32 submitted electronically to the extent 33 feasible as determined by the office, and 34 shall be used to evaluate expenditures by 35 such social services districts for the 36 provision of temporary housing assistance 37 for homeless individuals and families. 38 Notwithstanding section 153 of the social 39 services law, or any other inconsistent 40 provision of law, the office of temporary 41 and disability assistance may withhold or 42 deny reimbursement, in whole or in part, 43 to any social services district that fails 44 to develop or submit a homeless services 45 plan subject to the approval of the office 46 of temporary and disability assistance, 47 fails to provide homeless services and 48 outreach in accordance with its approved 49 homeless services plan, or fails to devel- 50 op or submit homeless services outcome 51 reports, consistent with those require- 52 ments promulgated by the office of tempo- 53 rary and disability assistance. 54 Notwithstanding section 153 of the social 55 services law, or any other inconsistent 56 provision of law, such appropriation shall 
 A. 7765 16 1 be available for reimbursement of eligible 2 costs incurred on or after January 1, 2025 3 and before January 1, 2026, that are 4 otherwise reimbursable by the state on or 5 after April 1, 2025, that are claimed by 6 March 1, 2026. Such reimbursement shall 7 constitute total federal reimbursement for 8 activities funded herein in state fiscal 9 year 2025-26 (52203) ....................... 125,000,000 10 -------------- 11 § 8. Section 5 of chapter 113 of the laws of 2025, relating to making 12 appropriations for the support of government, as amended by chapter 118 13 of the laws of 2025, is amended to read as follows: 14 § 5. The amounts specified in this section, or so much thereof as 15 shall be sufficient to accomplish the purposes designated, is hereby 16 appropriated and authorized to be paid as hereinafter provided, to the 17 public officers and for the purposes specified, which amount shall be 18 available for the state fiscal year beginning April 1, 2025. 19 DEPARTMENT OF HEALTH 20 AID TO LOCALITIES 21 CENTER FOR COMMUNITY HEALTH PROGRAM .......... [16,630,000] 23,050,000 22 -------------- 23 General Fund 24 Local Assistance Account - 10000 25 For services and expenses related to the 26 Indian health program. The money hereby 27 appropriated shall be for payment of 28 financial assistance heretofore accrued or 29 hereafter to accrue (26840) .................. 7,000,000 30 -------------- 31 Special Revenue Funds - Federal 32 Federal USDA-Food and Nutrition Services Fund 33 Federal Food and Nutrition Services Account - 25022 34 For various federal food and nutritional 35 services. The moneys hereby appropriated 36 shall be available for payment of finan- 37 cial assistance heretofore accrued (26986) 38 ............................... [9,630,000] 16,050,000 39 -------------- 40 ELDERLY PHARMACEUTICAL INSURANCE COVERAGE PROGRAM ............ 1,520,000 41 -------------- 42 Special Revenue Funds - Other 43 HCRA Resources Fund 44 EPIC Premium Account - 20818 
 A. 7765 17 1 For services and expenses of the program for 2 elderly pharmaceutical insurance coverage, 3 including reimbursement to pharmacies 4 participating in such program. 5 The moneys hereby appropriated shall be 6 available for payment of financial assist- 7 ance heretofore accrued (26803) .............. 1,520,000 8 MEDICAL ASSISTANCE PROGRAM ............... [2,222,408,000] 3,333,612,000 9 -------------- 10 General Fund 11 Local Assistance Account - 10000 12 For the medical assistance program, includ- 13 ing administrative expenses, for local 14 social services districts, and for medical 15 care rates for authorized child care agen- 16 cies. 17 Notwithstanding section 40 of the state 18 finance law or any provision of law to the 19 contrary, subject to federal approval, 20 department of health state funds medicaid 21 spending, excluding payments for medical 22 services provided at state facilities 23 operated by the office of mental health, 24 the office for people with developmental 25 disabilities and the office of addiction 26 services and supports and further exclud- 27 ing any payments which are not appropri- 28 ated within the department of health, in 29 the aggregate, for the period April 1, 30 2025 through March 31, 2026, shall not 31 exceed $33,417,285,000 except as provided 32 below provided, however, such aggregate 33 limits may be adjusted by the director of 34 the budget to account for any changes in 35 the New York state federal medical assist- 36 ance percentage amount established pursu- 37 ant to the federal social security act, 38 increases in provider revenues, reductions 39 in local social services district payments 40 for medical assistance administration, 41 minimum wage increases, and beginning 42 April 1, 2012 the operational costs of the 43 New York state medical indemnity fund, 44 pursuant to chapter 59 of the laws of 45 2011, and state costs or savings from the 46 essential plan program. Such projections 47 may be adjusted by the director of the 48 budget to account for increased or expe- 49 dited department of health state funds 50 medicaid expenditures as a result of a 51 natural or other type of disaster, includ- 52 ing a governmental declaration of emergen- 53 cy. 
 A. 7765 18 1 The director of the budget, in consultation 2 with the commissioner of health, shall 3 assess on a quarterly basis known and 4 projected medicaid expenditures by catego- 5 ry of service and by geographic region, as 6 defined by the commissioner, incurred both 7 prior to and subsequent to such assessment 8 for each such period, and if the director 9 of the budget determines that such expend- 10 itures are expected to cause medicaid 11 spending for such period to exceed the 12 aggregate limit specified herein for such 13 period, the state medicaid director, in 14 consultation with the director of the 15 budget and the commissioner of health, 16 shall develop a medicaid savings allo- 17 cation adjustment to limit such spending 18 to the aggregate limit specified herein 19 for such period. 20 Such medicaid savings allocation adjustment 21 shall be designed, to reduce the expendi- 22 tures authorized by the appropriations 23 herein in compliance with the following 24 guidelines: (1) reductions shall be made 25 in compliance with applicable federal law, 26 including the provisions of the Patient 27 Protection and Affordable Care Act, Public 28 Law No. 111-148, and the Health Care and 29 Education Reconciliation Act of 2010, 30 Public Law No. 111-152 (collectively 31 "Affordable Care Act") and any subsequent 32 amendments thereto or regulations promul- 33 gated thereunder; (2) reductions shall be 34 made in a manner that complies with the 35 state medicaid plan approved by the feder- 36 al centers for medicare and medicaid 37 services, provided, however, that the 38 commissioner of health is authorized to 39 submit any state plan amendment or seek 40 other federal approval, including waiver 41 authority, to implement the provisions of 42 the medicaid savings allocation adjustment 43 that meets the other criteria set forth 44 herein; (3) reductions shall be made in a 45 manner that maximizes federal financial 46 participation, to the extent practicable, 47 including any federal financial partic- 48 ipation that is available or is reasonably 49 expected to become available, in the 50 discretion of the commissioner, under the 51 Affordable Care Act; (4) reductions shall 52 be made uniformly among categories of 53 services and geographic regions of the 54 state, to the extent practicable, and 55 shall be made uniformly within a category 56 of service, to the extent practicable, 
 A. 7765 19 1 except where the commissioner determines 2 that there are sufficient grounds for 3 non-uniformity, including but not limited 4 to: the extent to which specific catego- 5 ries of services contributed to department 6 of health medicaid state funds spending in 7 excess of the limits specified herein; the 8 need to maintain safety net services in 9 underserved communities; or the potential 10 benefits of pursuing innovative payment 11 models contemplated by the Affordable Care 12 Act, in which case such grounds shall be 13 set forth in the medicaid savings allo- 14 cation adjustment; and (5) reductions 15 shall be made in a manner that does not 16 unnecessarily create administrative 17 burdens to medicaid applicants and recipi- 18 ents or providers. 19 The commissioner shall seek the input of the 20 legislature, as well as organizations 21 representing health care providers, 22 consumers, businesses, workers, health 23 insurers, and others with relevant exper- 24 tise, in developing such medicaid savings 25 allocation adjustment, to the extent that 26 all or part of such adjustment, in the 27 discretion of the commissioner, is likely 28 to have a material impact on the overall 29 medicaid program, particular categories of 30 service or particular geographic regions 31 of the state. 32 (a) The commissioner shall post the medicaid 33 savings allocation adjustment on the 34 department of health's website and shall 35 provide written copies of such adjustment 36 to the chairs of the senate finance and 37 the assembly ways and means committees at 38 least 30 days before the date on which 39 implementation is expected to begin. 40 (b) The commissioner may revise the medicaid 41 savings allocation adjustment subsequent 42 to the provisions of notice and prior to 43 implementation but needs to provide a new 44 notice pursuant to subparagraph (i) of 45 this paragraph only if the commissioner 46 determines, in his or her discretion, that 47 such revisions materially alter the 48 adjustment. 49 Notwithstanding the provisions of paragraphs 50 (a) and (b) of this subdivision, the 51 commissioner need not seek the input 52 described in paragraph (a) of this subdi- 53 vision or provide notice pursuant to para- 54 graph (b) of this subdivision if, in the 55 discretion of the commissioner, expedited 56 development and implementation of a medi- 
 A. 7765 20 1 caid savings allocation adjustment is 2 necessary due to a public health emergen- 3 cy. 4 For purposes of this section, a public 5 health emergency is defined as: (i) a 6 disaster, natural or otherwise, that 7 significantly increases the immediate need 8 for health care personnel in an area of 9 the state; (ii) an event or condition that 10 creates a widespread risk of exposure to a 11 serious communicable disease, or the 12 potential for such widespread risk of 13 exposure; or (iii) any other event or 14 condition determined by the commissioner 15 to constitute an imminent threat to public 16 health. 17 Nothing in this paragraph shall be deemed to 18 prevent all or part of such medicaid 19 savings allocation adjustment from taking 20 effect retroactively to the extent permit- 21 ted by the federal centers for medicare 22 and medicaid services. 23 In accordance with the medicaid savings 24 allocation adjustment, the commissioner of 25 the department of health shall reduce 26 department of health state funds medicaid 27 spending by the amount of the projected 28 overspending through, actions including, 29 but not limited to modifying or suspending 30 reimbursement methods, including but not 31 limited to all fees, premium levels and 32 rates of payment, notwithstanding any 33 provision of law that sets a specific 34 amount or methodology for any such 35 payments or rates of payment; modifying or 36 discontinuing medicaid program benefits; 37 seeking all necessary federal approvals, 38 including, but not limited to waivers, 39 waiver amendments; and suspending time 40 frames for notice, approval or certif- 41 ication of rate requirements, notwith- 42 standing any provision of law, rule or 43 regulation to the contrary, including but 44 not limited to sections 2807 and 3614 of 45 the public health law, section 18 of chap- 46 ter 2 of the laws of 1988, and 18 NYCRR 47 505.14(h). 48 The department of health shall prepare a 49 quarterly report that sets forth: (a) 50 known and projected department of health 51 medicaid expenditures as described in 52 subdivision (1) of this section, and 53 factors that could result in medicaid 54 disbursements for the relevant state 55 fiscal year to exceed the projected 56 department of health state funds disburse- 
 A. 7765 21 1 ments in the enacted budget financial plan 2 pursuant to subdivision 3 of section 23 of 3 the state finance law, including spending 4 increases or decreases due to: enrollment 5 fluctuations, rate changes, utilization 6 changes, MRT investments, and shift of 7 beneficiaries to managed care; and vari- 8 ations in offline medicaid payments; and 9 (b) the actions taken to implement any 10 medicaid savings allocation adjustment 11 implemented pursuant to subdivision (4) of 12 this section, including information 13 concerning the impact of such actions on 14 each category of service and each 15 geographic region of the state. Each such 16 quarterly report shall be provided to the 17 chairs of the senate finance and the 18 assembly ways and means committees and 19 shall be posted on the department of 20 health's website in a timely manner. 21 The money hereby appropriated is to be 22 available for payment of aid heretofore 23 accrued or hereafter accrued to munici- 24 palities, and to providers of medical 25 services pursuant to section 367-b of the 26 social services law, and for payment of 27 state aid to municipalities and to provid- 28 ers of family care where payment systems 29 through the fiscal intermediaries are not 30 operational. 31 Notwithstanding any inconsistent provision 32 of law to the contrary, funds may be used 33 by the department for outside legal 34 assistance on issues involving the federal 35 government, the conduct of preadmission 36 screening and annual resident reviews 37 required by the state's medicaid program, 38 computer matching with insurance carriers 39 to insure that medicaid is the payer of 40 last resort and activities related to the 41 management of the pharmacy benefit avail- 42 able under the medicaid program. 43 Notwithstanding any inconsistent provision 44 of law, in lieu of payments authorized by 45 the social services law, or payments of 46 federal funds otherwise due to the local 47 social services districts for programs 48 provided under the federal social security 49 act or the federal food stamp act, funds 50 herein appropriated, in amounts certified 51 by the state commissioner of temporary and 52 disability assistance or the state commis- 53 sioner of health as due from local social 54 services districts each month as their 55 share of payments made pursuant to section 56 367-b of the social services law may be 
 A. 7765 22 1 set aside by the state comptroller in an 2 interest-bearing account in order to 3 ensure the orderly and prompt payment of 4 providers under section 367-b of the 5 social services law pursuant to an esti- 6 mate provided by the commissioner of 7 health of each local social services 8 district's share of payments made pursuant 9 to section 367-b of the social services 10 law. 11 Notwithstanding any inconsistent provision 12 of law, funding made available by these 13 appropriations shall support direct salary 14 costs and related fringe benefits within 15 the medical assistance program associated 16 with any minimum wage increase that takes 17 effect during the timeframe of these 18 appropriations, pursuant to section 652 of 19 the labor law. Each eligible organization 20 in receipt of funding made available by 21 these appropriations may be required to 22 submit written certification, in such form 23 and at such time the commissioner may 24 prescribe, attesting to the total amount 25 of funds used by the eligible organiza- 26 tion, how such funding will be or was used 27 for purposes eligible under these appro- 28 priations and any other reporting deemed 29 necessary by the commissioner. The amounts 30 appropriated herein may include advances 31 to organizations authorized to receive 32 such funds to accomplish this purpose. 33 Notwithstanding any other provision of law, 34 the money hereby appropriated may be 35 increased or decreased by interchange or 36 transfer, with any appropriation of the 37 department of health and the office of 38 medicaid inspector general and may be 39 increased or decreased by transfer or 40 suballocation between these appropriated 41 amounts and appropriations of the depart- 42 ment of health state purpose account, the 43 office of mental health, office for people 44 with developmental disabilities, the 45 office of addiction services and supports, 46 the department of family assistance office 47 of temporary and disability assistance, 48 the department of corrections and communi- 49 ty supervision, the office of information 50 technology services, the state university 51 of New York, and office of children and 52 family services, the office of medicaid 53 inspector general, the state education 54 department, and the state office for the 55 aging with the approval of the director of 56 the budget, who shall file such approval 
 A. 7765 23 1 with the department of audit and control 2 and copies thereof with the chairman of 3 the senate finance committee and the 4 chairman of the assembly ways and means 5 committee. 6 Notwithstanding any inconsistent provision 7 of law to the contrary, the moneys hereby 8 appropriated may be used for payments to 9 the centers for medicaid and medicare 10 services for obligations incurred related 11 to the pharmaceutical costs of dually 12 eligible medicare/medicaid beneficiaries 13 participating in the medicare drug benefit 14 authorized by P.L. 108-173. 15 Notwithstanding any inconsistent provision 16 of law, the moneys hereby appropriated 17 shall not be used for any existing rates, 18 fees, fee schedule, or procedures which 19 may affect the cost of care and services 20 provided by personal care providers, case 21 managers, health maintenance organiza- 22 tions, out of state medical facilities 23 which provide care and services to resi- 24 dents of the state, providers of transpor- 25 tation services, that are altered, 26 amended, adjusted or otherwise changed by 27 a local social services district unless 28 previously approved by the department of 29 health and the director of the budget. 30 Notwithstanding any inconsistent provision 31 of law to the contrary, funds shall be 32 made available to the commissioner of the 33 office of mental health or the commission- 34 er of the office of addiction services and 35 supports, in consultation with the commis- 36 sioner of health and approved by the 37 director of the budget, and consistent 38 with appropriations made therefor, to 39 implement allocation adjustment developed 40 by each such commissioner which shall 41 describe mental health or substance use 42 disorder services that should be developed 43 to meet service needs resulting from the 44 reduction of inpatient behavioral health 45 services provided under the medicaid 46 program, by programs licensed pursuant to 47 article 31 or 32 of the mental hygiene 48 law. Such programs may include programs 49 that are licensed pursuant to both article 50 31 of the mental hygiene law and article 51 28 of the public health law, or certified 52 under both article 32 of the mental 53 hygiene law and article 28 of the public 54 health law. 55 Notwithstanding any inconsistent provision 56 of law, the moneys hereby appropriated may 
 A. 7765 24 1 be available for payments associated with 2 the resolution by settlement agreement or 3 judgment of rate appeals and/or litigation 4 where the department of health is a party. 5 For services and expenses of the medical 6 assistance program including hospital 7 inpatient services and general hospitals 8 that are safety-net providers that evince 9 severe financial distress, pursuant to 10 criteria determined by the commissioner, 11 shall be eligible for awards for amounts 12 appropriated herein, to enable such 13 providers to maintain operations and vital 14 services while establishing long term 15 solutions to achieve sustainable health 16 services. 17 Notwithstanding any inconsistent provisions 18 of law, no expenditures shall be used for 19 the medical assistance program for any 20 expenses not explicitly authorized in law 21 without the approval of the director of 22 the budget. 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 (26947) ......... [40,400,000] 60,600,000 32 For services and expenses of the medical 33 assistance program including hospital 34 outpatient and emergency room 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 (26948) ......... [10,432,000] 15,648,000 44 For services and expenses of the medical 45 assistance program including clinic 46 services. 47 Notwithstanding any provision of law to the 48 contrary, the portion of this appropri- 49 ation covering fiscal year 2025-26 shall 50 supersede and replace any duplicative (i) 51 reappropriation for this item covering 52 fiscal year 2025-26, and (ii) appropri- 53 ation for this item covering fiscal year 54 2025-26 set forth in chapter 53 of the 55 laws of 2024 (26949) ......... [19,026,000] 28,539,000 
 A. 7765 25 1 For services and expenses of the medical 2 assistance program including nursing home 3 services. 4 Notwithstanding any provision of law to the 5 contrary, the portion of this appropri- 6 ation covering fiscal year 2025-26 shall 7 supersede and replace any duplicative (i) 8 reappropriation for this item covering 9 fiscal year 2025-26, and (ii) appropri- 10 ation for this item covering fiscal year 11 2025-26 set forth in chapter 53 of the 12 laws of 2024 (26950) ......... [50,936,000] 76,404,000 13 For services and expenses of the medical 14 assistance program including other long 15 term care services. 16 Notwithstanding any provision of law to the 17 contrary, the portion of this appropri- 18 ation covering fiscal year 2025-26 shall 19 supersede and replace any duplicative (i) 20 reappropriation for this item covering 21 fiscal year 2025-26, and (ii) appropri- 22 ation for this item covering fiscal year 23 2025-26 set forth in chapter 53 of the 24 laws of 2024 (26951) ........ [140,778,000] 211,167,000 25 For services and expenses of the medical 26 assistance program including managed care 27 services including regional planning 28 activities of the finger lakes health 29 systems agency, including statewide coor- 30 dination and demonstration of best prac- 31 tices. The department shall make grants 32 within amounts appropriated therefor, to 33 assure high-quality and accessible primary 34 care, to provide technical assistance to 35 support financial and business planning 36 for integrated systems of care, and to 37 assist primary care providers in the 38 adoption, implementation, and meaningful 39 use of electronic health record technolo- 40 gy. 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 (26952) ......... [86,862,000] 130,293,000 50 For services and expenses for health homes 51 including grants to health homes. 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. 7765 26 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 (29548) .......... [6,032,000] 9,048,000 5 For services and expenses of the medical 6 assistance program including pharmacy 7 services provided, however, that no funds 8 shall be made available pursuant to this 9 appropriation for any drug not explicitly 10 authorized in any enacted law, rule, or 11 regulation without approval from the 12 director of the budget. 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 (26953) ......... [96,952,000] 145,428,000 22 For services and expenses of the medical 23 assistance program including transporta- 24 tion 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 (26954) ......... [14,344,000] 21,516,000 34 For services and expenses of the medical 35 assistance program including dental 36 services. 37 Notwithstanding any provision of law to the 38 contrary, the portion of this appropri- 39 ation covering fiscal year 2025-26 shall 40 supersede and replace any duplicative (i) 41 reappropriation for this item covering 42 fiscal year 2025-26, and (ii) appropri- 43 ation for this item covering fiscal year 44 2025-26 set forth in chapter 53 of the 45 laws of 2024 (26955) ............ [164,000] 246,000 46 For services and expenses of the medical 47 assistance program including non-institu- 48 tional and other spending. 49 The money hereby appropriated is available 50 for payment of liabilities heretofore 51 accrued or hereafter accrued. 52 Notwithstanding any inconsistent provision 53 of law, the money hereby appropriated may 54 be available for payments to any county or 55 public school districts associated with 
 A. 7765 27 1 additional claims for school supportive 2 health services. 3 Notwithstanding any provision of law to the 4 contrary, the portion of this appropri- 5 ation covering fiscal year 2025-26 shall 6 supersede and replace any duplicative (i) 7 reappropriation for this item covering 8 fiscal year 2025-26, and (ii) appropri- 9 ation for this item covering fiscal year 10 2025-26 set forth in chapter 53 of the 11 laws of 2024 (26956) ......... [39,604,000] 59,406,000 12 For services and expenses of the medical 13 assistance program including medical 14 services provided at state facilities 15 operated by the office of mental health, 16 the office for people with developmental 17 disabilities and the office of addiction 18 services and supports. 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 (26961) ........ [166,800,000] 250,200,000 28 -------------- 29 Special Revenue Funds - Federal 30 Federal Health and Human Services Fund 31 Medicaid Direct Account - 25106 32 For services and expenses for the medical 33 assistance program, including administra- 34 tive expenses for local social services 35 districts, pursuant to title XIX of the 36 federal social security act or its succes- 37 sor program. 38 The moneys hereby appropriated are to be 39 available for payment of aid heretofore 40 accrued or hereafter accrued to munici- 41 palities, and to providers of medical 42 services pursuant to section 367-b of the 43 social services law, and for payment of 44 state aid to municipalities and to provid- 45 ers of family care where payment systems 46 through the fiscal intermediaries are not 47 operational. 48 Notwithstanding any inconsistent provision 49 of law, funding made available by these 50 appropriations shall support direct salary 51 costs and related fringe benefits within 52 the medical assistance program associated 53 with any minimum wage increase that takes 54 effect during the timeframe of these 
 A. 7765 28 1 appropriations, pursuant to section 652 of 2 the labor law. Each eligible organization 3 in receipt of funding made available by 4 these appropriations may be required to 5 submit written certification, in such form 6 and at such time the commissioner may 7 prescribe, attesting to the total amount 8 of funds used by the eligible organiza- 9 tion, how such funding will be or was used 10 for purposes eligible under these appro- 11 priations and any other reporting deemed 12 necessary by the commissioner. The amounts 13 appropriated herein may include advances 14 to organizations authorized to receive 15 such funds to accomplish this purpose. 16 Notwithstanding any other provision of law, 17 the money hereby appropriated may be 18 increased or decreased by interchange or 19 transfer, with any appropriation of the 20 department of health and the office of 21 medicaid inspector general and may be 22 increased or decreased by transfer or 23 suballocation between these appropriated 24 amounts and appropriations of the office 25 of mental health, office for people with 26 developmental disabilities, the office of 27 addiction services and supports, the 28 department of family assistance office of 29 temporary and disability assistance, 30 office of children and family services, 31 the department of financial services, 32 department of corrections and community 33 supervision, the office of information 34 technology services, the state university 35 of New York, the state education depart- 36 ment, and the state office for the aging 37 with the approval of the director of the 38 budget, who shall file such approval with 39 the department of audit and control and 40 copies thereof with the chairman of the 41 senate finance committee and the chairman 42 of the assembly ways and means committee. 43 Notwithstanding any inconsistent provision 44 of law, in lieu of payments authorized by 45 the social services law, or payments of 46 federal funds otherwise due to the local 47 social services districts for programs 48 provided under the federal social security 49 act or the federal food stamp act, funds 50 herein appropriated, in amounts certified 51 by the state commissioner of temporary and 52 disability assistance or the state commis- 53 sioner of health as due from local social 54 services districts each month as their 55 share of payments made pursuant to section 56 367-b of the social services law may be 
 A. 7765 29 1 set aside by the state comptroller in an 2 interest-bearing account in order to 3 ensure the orderly and prompt payment of 4 providers under section 367-b of the 5 social services law pursuant to an esti- 6 mate provided by the commissioner of 7 health of each local social services 8 district's share of payments made pursuant 9 to section 367-b of the social services 10 law. 11 Notwithstanding any inconsistent provision 12 of law to the contrary, funds shall be 13 made available to the commissioner of the 14 office of mental health or the commission- 15 er of the office of addiction services and 16 supports, in consultation with the commis- 17 sioner of health and approved by the 18 director of the budget, and consistent 19 with appropriations made therefor, to 20 implement allocation adjustment developed 21 by each such commissioner which shall 22 describe mental health or substance use 23 disorder services that should be developed 24 to meet service needs resulting from the 25 reduction of inpatient behavioral health 26 services provided under the medicaid 27 program, by programs licensed pursuant to 28 article 31 or 32 of the mental hygiene 29 law. Such programs may include programs 30 that are licensed pursuant to both article 31 31 of the mental hygiene law and article 32 28 of the public health law, or certified 33 under both article 32 of the mental 34 hygiene law and article 28 of the public 35 health law. 36 Notwithstanding any inconsistent provision 37 of law, the moneys hereby appropriated may 38 be available for payments associated with 39 the resolution by settlement agreement or 40 judgment of rate appeals and/or litigation 41 where the department of health is a party. 42 Notwithstanding any inconsistent 43 provisions of law, no expenditures shall 44 be used for the medical assistance program 45 for any expenses not explicitly authorized 46 in law without the approval of the direc- 47 tor of the budget. 48 For services and expenses of the medical 49 assistance program including hospital 50 inpatient services. 51 Notwithstanding any provision of law to the 52 contrary, the portion of this appropri- 53 ation covering fiscal year 2025-26 shall 54 supersede and replace any duplicative (i) 55 reappropriation for this item covering 
 A. 7765 30 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 (26947) ........ [115,628,000] 173,442,000 5 For services and expenses of the medical 6 assistance program including hospital 7 outpatient and emergency room 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 (26948) ......... [20,744,000] 31,116,000 17 For services and expenses of the medical 18 assistance program including clinic 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 (26949) ......... [33,934,000] 50,901,000 29 For services and expenses of the medical 30 assistance program including nursing home 31 services. 32 Notwithstanding any provision of law to the 33 contrary, the portion of this appropri- 34 ation covering fiscal year 2025-26 shall 35 supersede and replace any duplicative (i) 36 reappropriation for this item covering 37 fiscal year 2025-26, and (ii) appropri- 38 ation for this item covering fiscal year 39 2025-26 set forth in chapter 53 of the 40 laws of 2024(26950) ......... [158,718,000] 238,077,000 41 For services and expenses of the medical 42 assistance program including other long 43 term care services. 44 Notwithstanding any provision of law to the 45 contrary, the portion of this appropri- 46 ation covering fiscal year 2025-26 shall 47 supersede and replace any duplicative (i) 48 reappropriation for this item covering 49 fiscal year 2025-26, and (ii) appropri- 50 ation for this item covering fiscal year 51 2025-26 set forth in chapter 53 of the 52 laws of 2024 (26951) ........ [264,788,000] 397,182,000 53 For services and expenses of the medical 54 assistance program including managed care 55 services including regional planning 56 activities of the finger lakes health 
 A. 7765 31 1 systems agency, including statewide coor- 2 dination and demonstration of best prac- 3 tices. The department shall make grants 4 within amounts appropriated therefor, to 5 assure high-quality and accessible primary 6 care, to provide technical assistance to 7 support financial and business planning 8 for integrated systems of care, and to 9 assist primary care providers in the 10 adoption, implementation, and meaningful 11 use of electronic health record technolo- 12 gy. 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 (26952) ........ [301,658,000] 452,487,000 22 For services and expenses of the medical 23 assistance program including pharmacy 24 services, provided, however, that no funds 25 shall be made available pursuant to this 26 appropriation for any drug not explicitly 27 authorized in any heretofore enacted law, 28 rule, or regulation without approval from 29 the director of the budget. 30 Notwithstanding any provision of law to the 31 contrary, the portion of this appropri- 32 ation covering fiscal year 2025-26 shall 33 supersede and replace any duplicative (i) 34 reappropriation for this item covering 35 fiscal year 2025-26, and (ii) appropri- 36 ation for this item covering fiscal year 37 2025-26 set forth in chapter 53 of the 38 laws of 2024 (26953) ........ [185,232,000] 277,848,000 39 For services and expenses of the medical 40 assistance program including transporta- 41 tion services. 42 Notwithstanding any provision of law to the 43 contrary, the portion of this appropri- 44 ation covering fiscal year 2025-26 shall 45 supersede and replace any duplicative (i) 46 reappropriation for this item covering 47 fiscal year 2025-26, and (ii) appropri- 48 ation for this item covering fiscal year 49 2025-26 set forth in chapter 53 of the 50 laws of 2024 (26954) ......... [24,470,000] 36,705,000 51 For services and expenses of the medical 52 assistance program including dental 53 services. 54 Notwithstanding any provision of law to the 55 contrary, the portion of this appropri- 56 ation covering fiscal year 2025-26 shall 
 A. 7765 32 1 supersede and replace any duplicative (i) 2 reappropriation for this item covering 3 fiscal year 2025-26, and (ii) appropri- 4 ation for this item covering fiscal year 5 2025-26 set forth in chapter 53 of the 6 laws of 2024 (26955) ........... [2,844,000] 4,266,000 7 For services and expenses of the medical 8 assistance program including noninstitu- 9 tional and other spending. 10 The money hereby appropriated is available 11 for payment of liabilities heretofore 12 accrued or hereafter accrued. 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 (26956) ....... [275,262,000] 412,893,000 22 For services and expenses of the medical 23 assistance program including medical 24 services provided at state facilities 25 operated by the office of mental health, 26 the office for people with developmental 27 disabilities and the office of addiction 28 services and supports. 29 Notwithstanding any provision of law to the 30 contrary, the portion of this appropri- 31 ation covering fiscal year 2025-26 shall 32 supersede and replace any duplicative (i) 33 reappropriation for this item covering 34 fiscal year 2025-26, and (ii) appropri- 35 ation for this item covering fiscal year 36 2025-26 set forth in chapter 53 of the 37 laws of 2024 (26961) ....... [166,800,000] 250,200,000 38 -------------- 39 § 9. Section 6 of chapter 113 of the laws of 2025, relating to making 40 appropriations for the support of government, as amended by chapter 118 41 of the laws of 2025, is amended to read as follows: 42 § 6. The amounts specified in this section, or so much thereof as 43 shall be sufficient to accomplish the purposes designated, is hereby 44 appropriated and authorized to be paid as hereinafter provided, to the 45 public officers and for the purposes specified, which amount shall be 46 available for the state fiscal year beginning April 1, 2025. 47 DEPARTMENT OF LABOR 48 AID TO LOCALITIES 49 UNEMPLOYMENT INSURANCE BENEFIT PROGRAM ...... [345,000,000] 465,000,000 50 -------------- 51 Enterprise Funds 
 A. 7765 33 1 Unemployment Insurance Benefit Fund 2 Unemployment Insurance Benefit Account - 50650 3 For payment of unemployment insurance bene- 4 fits pursuant to article 18 of the labor 5 law or as authorized by the federal 6 government through the disaster unemploy- 7 ment assistance program, the emergency 8 unemployment compensation program, the 9 extended benefit program, the federal 10 additional compensation program or any 11 other federally funded unemployment bene- 12 fit program (34787) ......... [345,000,000] 465,000,000 13 § 10. The amounts specified in this section, or so much thereof as 14 shall be sufficient to accomplish the purposes designated, is hereby 15 appropriated and authorized to be paid as hereinafter provided, to the 16 public officers and for the purposes specified, which amount shall be 17 available for the state fiscal year beginning April 1, 2025. 18 DEPARTMENT OF TRANSPORTATION 19 AID TO LOCALITIES 20 DEDICATED MASS TRANSPORTATION TRUST FUND PROGRAM ............ 49,437,000 21 -------------- 22 Special Revenue Funds - Other 23 Dedicated Mass Transportation Trust Fund 24 Railroad Account - 20852 25 To the metropolitan transportation authority 26 for deposit in the metropolitan transpor- 27 tation authority dedicated tax fund for 28 the expenses of the New York city transit 29 authority, the Manhattan and Bronx surface 30 transit operating authority, and the 31 Staten Island rapid transit operating 32 authority, the Long Island rail road 33 company and the Metro-North commuter rail- 34 road company which includes the New York 35 state portion of the Harlem, Hudson, Port 36 Jervis, Pascack, and the New Haven commu- 37 ter railroad service regardless of whether 38 the services are provided directly or 39 pursuant to joint service agreements. 40 No expenditure shall be made hereunder until 41 a certificate of approval has been issued 42 by the director of the budget and a copy 43 of such certificate filed with the state 44 comptroller, the chairperson of the senate 45 finance committee and the chairperson of 46 the assembly ways and means committee. 47 Moneys appropriated herein may be made 48 available at such times and upon such 49 conditions as may be deemed appropriate by 50 the commissioner of transportation and the 
 A. 7765 34 1 director of the budget in accordance with 2 the following: 3 To the metropolitan transportation authority 4 for the operating expenses of the Long 5 Island rail road company and the Metro- 6 North commuter railroad company which 7 include operating expenses for the New 8 York state portion of Harlem, Hudson, Port 9 Jervis, Pascack, and New Haven commuter 10 railroad services regardless of whether 11 such services are provided directly or 12 pursuant to joint service agreements 13 (54282) ...................................... 7,426,000 14 Special Revenue Funds - Other 15 Dedicated Mass Transportation Trust Fund 16 Transit Authorities Account - 20851 17 To the metropolitan transportation authority 18 for deposit in the metropolitan transpor- 19 tation authority dedicated tax fund for 20 the expenses of the New York city transit 21 authority, the Manhattan and Bronx surface 22 transit operating authority, and the 23 Staten Island rapid transit operating 24 authority, the Long Island rail road 25 company and the Metro-North commuter rail- 26 road company which includes the New York 27 state portion of the Harlem, Hudson, Port 28 Jervis, Pascack, and the New Haven commu- 29 ter railroad service regardless of whether 30 the services are provided directly or 31 pursuant to joint service agreements. 32 No expenditure shall be made hereunder until 33 a certificate of approval has been issued 34 by the director of the budget and a copy 35 of such certificate filed with the state 36 comptroller, the chairperson of the senate 37 finance committee and the chairperson of 38 the assembly ways and means committee. 39 Moneys appropriated herein may be made 40 available at such times and upon such 41 conditions as may be deemed appropriate by 42 the commissioner of transportation and the 43 director of the budget in accordance with 44 the following: 45 To the metropolitan transportation authority 46 for the operating expenses of the New York 47 city transit authority, the Manhattan and 48 Bronx surface transit operating authority, 49 and the Staten Island rapid transit oper- 50 ating authority (53173) ..................... 42,011,000 51 -------------- 52 § 11. The amounts specified in this section, or so much thereof as 53 shall be sufficient to accomplish the purposes designated, is hereby 
 A. 7765 35 1 appropriated and authorized to be paid as hereinafter provided, to the 2 public officers and for the purposes specified, which amount shall be 3 available for the state fiscal year beginning April 1, 2025. 4 DEPARTMENT OF MENTAL HYGIENE 5 OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES 6 AID TO LOCALITIES 7 COMMUNITY SERVICES PROGRAM ................................. 302,259,000 8 -------------- 9 General Fund 10 Local Assistance Account - 10000 11 For services and expenses of the community 12 services program, net of disallowances, 13 for community programs for people with 14 developmental disabilities pursuant to 15 article 41 of the mental hygiene law, 16 and/or chapter 620 of the laws of 1974, 17 chapter 660 of the laws of 1977, chapter 18 412 of the laws of 1981, chapter 27 of the 19 laws of 1987, chapter 729 of the laws of 20 1989, chapter 329 of the laws of 1993 and 21 other provisions of the mental hygiene 22 law. Notwithstanding any inconsistent 23 provision of law, the following appropri- 24 ation shall be net of prior and/or current 25 year refunds, rebates, reimbursements, and 26 credits. 27 Notwithstanding any other provision of law, 28 advances and reimbursement made pursuant 29 to subdivision (d) of section 41.15 and 30 section 41.18 of the mental hygiene law 31 shall be allocated pursuant to a plan and 32 in a manner prescribed by the agency head 33 and approved by the director of the budg- 34 et. The moneys hereby appropriated are 35 available to reimburse or advance locali- 36 ties and voluntary non-profit agencies for 37 expenditures made during local fiscal 38 periods commencing January 1, 2025, April 39 1, 2025 or July 1, 2025, and for advances 40 for the 3 month period beginning January 41 1, 2026. 42 Notwithstanding the provisions of article 41 43 of the mental hygiene law or any other 44 inconsistent provision of law, rule or 45 regulation, the commissioner, pursuant to 46 such contract and in the manner provided 47 therein, may pay all or a portion of the 48 expenses incurred by such voluntary agen- 49 cies arising out of loans which are funded 50 from the proceeds of bonds and notes 51 issued by the dormitory authority of the 52 state of New York. 
 A. 7765 36 1 Notwithstanding any other provision of law, 2 the money hereby appropriated may be 3 transferred to state operations and/or any 4 appropriation of the office for people 5 with developmental disabilities with the 6 approval of the director of the budget. 7 Notwithstanding any inconsistent provision 8 of law, moneys from this appropriation may 9 be used for state aid of up to 100 percent 10 of the net deficit costs of day training 11 programs and family support services. 12 Notwithstanding the provisions of section 13 16.23 of the mental hygiene law and any 14 other inconsistent provision of law, with 15 relation to the operation of certified 16 family care homes, including family care 17 homes sponsored by voluntary not-for-pro- 18 fit agencies, moneys from this appropri- 19 ation may be used for payments to purchase 20 general services including but not limited 21 to respite providers, up to a maximum of 22 14 days, at rates to be established by the 23 commissioner and approved by the director 24 of the budget in consideration of factors 25 including, but not limited to, geographic 26 area and number of clients cared for in 27 the home and for payment in an amount 28 determined by the commissioner for the 29 personal needs of each client residing in 30 the family care home. 31 Notwithstanding the provisions of subdivi- 32 sion 12 of section 8 of the state finance 33 law and any other inconsistent provision 34 of law, moneys from this appropriation may 35 be used for expenses of family care homes 36 including payments to operators of certi- 37 fied family care homes for damages caused 38 by clients to personal and real property 39 in accordance with standards established 40 by the commissioner and approved by the 41 director of the budget. 42 Notwithstanding any inconsistent provision 43 of law, moneys from this appropriation may 44 be used for appropriate day program 45 services and residential services includ- 46 ing, but not limited to, direct housing 47 subsidies to individuals, start-up 48 expenses for family care providers, envi- 49 ronmental modifications, adaptive technol- 50 ogies, appraisals, property options, 51 feasibility studies and preoperational 52 expenses. 53 Notwithstanding any inconsistent provision 54 of law except pursuant to a chapter of the 55 laws of 2024 authorizing a 2.84 percent 56 cost of living adjustment, for the period 
 A. 7765 37 1 commencing on April 1, 2024 and ending 2 March 31, 2025 the commissioner shall not 3 apply any other cost of living adjustment 4 for the purpose of establishing rates of 5 payments, contracts or any other form of 6 reimbursement; provided that this shall 7 not prevent the commissioner from applying 8 prior adjustments for the purpose of 9 establishing rates resulting from a rebas- 10 ing of base year costs. 11 Notwithstanding section 6908 of the educa- 12 tion law and any other provision of law, 13 rule or regulation to the contrary, direct 14 support staff in programs certified or 15 approved by the office for people with 16 developmental disabilities, including the 17 home and community based services waiver 18 programs that the office for people with 19 developmental disabilities is authorized 20 to administer with federal approval pursu- 21 ant to subdivision (c) of section 1915 of 22 the federal social security act, are 23 authorized to provide such tasks as OPWDD 24 may specify when performed under the 25 supervision, training and periodic 26 inspection of a registered professional 27 nurse and in accordance with an authorized 28 practitioner's ordered care. 29 Notwithstanding any other provision of law 30 to the contrary, and consistent with 31 section 33.07 of the mental hygiene law, 32 the directors of facilities licensed but 33 not operated by the office for people with 34 developmental disabilities who act as 35 federally-appointed representative payees 36 and who assume management responsibility 37 over the funds of a resident may continue 38 to use such funds for the cost of the 39 resident's care and treatment, consistent 40 with federal law and regulations. 41 Funds appropriated herein shall be available 42 in accordance with the following: 43 Notwithstanding any inconsistent provision 44 of law, the director of the budget is 45 authorized to make suballocations from 46 this appropriation to the department of 47 health medical assistance program. 48 Notwithstanding any inconsistent provision 49 of law, and pursuant to criteria estab- 50 lished by the commissioner of the office 51 for people with developmental disabilities 52 and approved by the director of the budg- 53 et, expenditures may be made from this 54 appropriation for residential facilities 55 which are pending recertification as 
 A. 7765 38 1 intermediate care facilities for people 2 with developmental disabilities. 3 Notwithstanding the provisions of section 4 41.36 of the mental hygiene law and any 5 other inconsistent provision of law, 6 moneys from this appropriation may be used 7 for payment up to $250 per year per 8 client, at such times and in such manner 9 as determined by the commissioner on the 10 basis of financial need for the personal 11 needs of each client residing in voluntar- 12 y-operated community residences and volun- 13 tary-operated community residential alter- 14 natives, including individualized 15 residential alternatives under the home 16 and community based services waiver. The 17 commissioner shall, subject to the 18 approval of the director of the budget, 19 alter existing advance payment schedules 20 for voluntary-operated community resi- 21 dences established pursuant to section 22 41.36 of the mental hygiene law. 23 Notwithstanding any inconsistent provision 24 of law, moneys from this appropriation may 25 be used for the operation of clinics 26 licensed pursuant to article 16 of the 27 mental hygiene law including, but not 28 limited to, supportive and habilitative 29 services consistent with the home and 30 community based services waiver. 31 For the state share of medical assistance 32 services expenses incurred by the depart- 33 ment of health for the provision of 34 medical assistance services to people with 35 developmental disabilities (37835) ......... 277,014,000 36 For services and expenses of the community 37 services program, net of disallowances, 38 for community programs for people with 39 developmental disabilities pursuant to 40 article 41 of the mental hygiene law, 41 and/or chapter 620 of the laws of 1974, 42 chapter 660 of the laws of 1977, chapter 43 412 of the laws of 1981, chapter 27 of the 44 laws of 1987, chapter 729 of the laws of 45 1989, chapter 329 of the laws of 1993 and 46 other provisions of the mental hygiene 47 law. Notwithstanding any inconsistent 48 provision of law, the following appropri- 49 ation shall be net of prior and/or current 50 year refunds, rebates, reimbursements, and 51 credits. 52 Notwithstanding any other provision of law, 53 advances and reimbursement made pursuant 54 to subdivision (d) of section 41.15 and 55 section 41.18 of the mental hygiene law 56 shall be allocated pursuant to a plan and 
 A. 7765 39 1 in a manner prescribed by the agency head 2 and approved by the director of the budg- 3 et. The moneys hereby appropriated are 4 available to reimburse or advance locali- 5 ties and voluntary non-profit agencies for 6 expenditures made during local fiscal 7 periods commencing January 1, 2025, April 8 1, 2025 or July 1, 2025, and for advances 9 for the 3 month period beginning January 10 1, 2026. 11 Notwithstanding the provisions of article 41 12 of the mental hygiene law or any other 13 inconsistent provision of law, rule or 14 regulation, the commissioner, pursuant to 15 such contract and in the manner provided 16 therein, may pay all or a portion of the 17 expenses incurred by such voluntary agen- 18 cies arising out of loans which are funded 19 from the proceeds of bonds and notes 20 issued by the dormitory authority of the 21 state of New York. 22 Notwithstanding any other provision of law, 23 the money hereby appropriated may be 24 transferred to state operations and/or any 25 appropriation of the office for people 26 with developmental disabilities with the 27 approval of the director of the budget. 28 Notwithstanding any inconsistent provision 29 of law, moneys from this appropriation may 30 be used for state aid of up to 100 percent 31 of the net deficit costs of day training 32 programs and family support services. 33 Notwithstanding the provisions of section 34 16.23 of the mental hygiene law and any 35 other inconsistent provision of law, with 36 relation to the operation of certified 37 family care homes, including family care 38 homes sponsored by voluntary not-for-pro- 39 fit agencies, moneys from this appropri- 40 ation may be used for payments to purchase 41 general services including but not limited 42 to respite providers, up to a maximum of 43 14 days, at rates to be established by the 44 commissioner and approved by the director 45 of the budget in consideration of factors 46 including, but not limited to, geographic 47 area and number of clients cared for in 48 the home and for payment in an amount 49 determined by the commissioner for the 50 personal needs of each client residing in 51 the family care home. 52 Notwithstanding the provisions of subdivi- 53 sion 12 of section 8 of the state finance 54 law and any other inconsistent provision 55 of law, moneys from this appropriation may 56 be used for expenses of family care homes 
 A. 7765 40 1 including payments to operators of certi- 2 fied family care homes for damages caused 3 by clients to personal and real property 4 in accordance with standards established 5 by the commissioner and approved by the 6 director of the budget. 7 Notwithstanding any inconsistent provision 8 of law, moneys from this appropriation may 9 be used for appropriate day program 10 services and residential services includ- 11 ing, but not limited to, direct housing 12 subsidies to individuals, start-up 13 expenses for family care providers, envi- 14 ronmental modifications, adaptive technol- 15 ogies, appraisals, property options, 16 feasibility studies and preoperational 17 expenses. 18 Notwithstanding any inconsistent provision 19 of law except pursuant to a chapter of the 20 laws of 2024 authorizing a 2.84 percent 21 cost of living adjustment, for the period 22 commencing on April 1, 2024 and ending 23 March 31, 2025 the commissioner shall not 24 apply any other cost of living adjustment 25 for the purpose of establishing rates of 26 payments, contracts or any other form of 27 reimbursement; provided that this shall 28 not prevent the commissioner from applying 29 prior adjustments for the purpose of 30 establishing rates resulting from a rebas- 31 ing of base year costs. 32 Notwithstanding section 6908 of the educa- 33 tion law and any other provision of law, 34 rule or regulation to the contrary, direct 35 support staff in programs certified or 36 approved by the office for people with 37 developmental disabilities, including the 38 home and community based services waiver 39 programs that the office for people with 40 developmental disabilities is authorized 41 to administer with federal approval pursu- 42 ant to subdivision (c) of section 1915 of 43 the federal social security act, are 44 authorized to provide such tasks as OPWDD 45 may specify when performed under the 46 supervision, training and periodic 47 inspection of a registered professional 48 nurse and in accordance with an authorized 49 practitioner's ordered care. 50 Notwithstanding any other provision of law 51 to the contrary, and consistent with 52 section 33.07 of the mental hygiene law, 53 the directors of facilities licensed but 54 not operated by the office for people with 55 developmental disabilities who act as 56 federally-appointed representative payees 
 A. 7765 41 1 and who assume management responsibility 2 over the funds of a resident may continue 3 to use such funds for the cost of the 4 resident's care and treatment, consistent 5 with federal law and regulations. 6 Funds appropriated herein shall be available 7 in accordance with the following: 8 Notwithstanding any other provision of law 9 to the contrary, funds appropriated herein 10 are available to reimburse in- and out-of- 11 state private residential schools, pursu- 12 ant to subdivision (c) of section 13.37-a 13 and subdivision (g) of section 13.38 of 14 the mental hygiene law, for costs of 15 supporting the residential and day program 16 services available to individuals who are 17 over the age of 21 years of age, provided 18 that the amount paid for residential 19 services and/or maintenance costs is net 20 of any supplemental security income bene- 21 fit to which the individual receiving 22 services is eligible, and provided further 23 that funding for nonresidential services 24 will be in an amount not to exceed the 25 maximum reimbursement for appropriate day 26 services delivered by the office for 27 people with developmental disabilities 28 certified or approved providers other than 29 in- and out-of-state private residential 30 schools, unless otherwise authorized by 31 the director of the budget. 32 Notwithstanding section 163 of the state 33 finance law, section 142 of the economic 34 development law, and article 41 of the 35 mental hygiene law, the commissioner of 36 the office for people with developmental 37 disabilities may make the funds appropri- 38 ated herein available as state aid, a loan 39 or a grant, pursuant to terms and condi- 40 tions established by the commissioner of 41 the office for people with developmental 42 disabilities, to cover a portion of the 43 development costs of private, public 44 and/or non-profit organizations, including 45 corporations and partnerships established 46 pursuant to the private housing finance 47 law and/or any other statutory provisions, 48 for supportive housing units that have 49 been set aside for individuals with intel- 50 lectual and developmental disabilities. 51 Further, the office for people with develop- 52 mental disabilities shall have a lien on 53 the real property developed with such 54 state aid, loans or grants, which shall be 55 in the amount of the loan or grant, for a 56 maximum term of 30 years, or other longer 
 A. 7765 42 1 term consistent with the requirements of 2 another regulatory agency. 3 For services and expenses related to the 4 provision of residential services to 5 people with developmental disabilities 6 (37802) ..................................... 14,655,000 7 For services and expenses related to the 8 provision of day program services to 9 people with developmental disabilities 10 (37803) ...................................... 3,600,000 11 For services and expenses related to the 12 provision of family support services to 13 people with developmental disabilities 14 (37804) ...................................... 4,050,000 15 For services and expenses related to the 16 provision of workshop, day training and 17 employment services to people with devel- 18 opmental disabilities. Notwithstanding any 19 other provision of law, up to $800,000 of 20 this appropriation may be transferred to 21 the New York State Education Departments' 22 Adult Career and Continuing Education 23 Services - Vocational Rehabilitation 24 (ACCES-VR) program to support the Long- 25 Term Sheltered Employment program operated 26 by FEDCAP Rehabilitation Services, Inc. 27 (37805) ...................................... 2,340,000 28 For other services and expenses provided to 29 people with developmental disabilities 30 including but not limited to hepatitis B, 31 care at home waiver, epilepsy services, 32 Special Olympics New York, Inc. and volun- 33 tary fingerprinting (37806) .................... 600,000 34 -------------- 35 § 12. Section 8 of chapter 113 of the laws of 2025, relating to making 36 appropriations for the support of government, as amended by chapter 118 37 of the laws of 2025, is amended to read as follows: 38 § 8. The amounts specified in this section, or so much thereof as 39 shall be sufficient to accomplish the purposes designated, is hereby 40 appropriated and authorized to be paid as hereinafter provided, to the 41 public officers and for the purposes specified, which amount shall be 42 available for the state fiscal year beginning April 1, 2025. 43 DEPARTMENT OF VETERANS' SERVICES 44 AID TO LOCALITIES 45 BLIND VETERAN ANNUITY ASSISTANCE PROGRAM ....................... 385,000 46 -------------- 47 General Fund 48 Local Assistance Account - 10000 49 For payment of annuities to blind veterans 50 and eligible surviving spouses. Up to 
 A. 7765 43 1 $15,000 of this appropriation may be 2 transferred to state operations for admin- 3 istrative costs associated with this 4 program (54606) ................................ 385,000 5 VETERANS' BENEFITS ADVISING PROGRAM ............. [126,000] 210,000 6 -------------- 7 Special Revenue Funds - Other 8 Homeless Veterans Assistance Fund 9 Homeless Veterans Assistance Account - 20204 10 For services and expenses related to home- 11 less veterans' housing (54815) .. [126,000] 210,000 12 § 13. No expenditure may be made from any appropriation in this act, 13 until a certificate of approval has been issued by the director of the 14 budget and a copy of such certificate shall have been filed with the 15 state comptroller, the chairman of the senate finance committee and the 16 chairman of the assembly ways and means committee provided, however, 17 that any expenditures from any appropriation in this act made by the 18 legislature or judiciary shall not require such certificate. 19 § 14. All expenditures and disbursements made against the appropri- 20 ations in this act shall, upon final action by the legislature on appro- 21 priation bills submitted by the governor pursuant to article VII of the 22 state constitution for the support of government for the state fiscal 23 year beginning April 1, 2025, be transferred by the comptroller as 24 expenditures and disbursements to such appropriations for all state 25 departments and agencies, as applicable, in amounts equal to the amounts 26 charged against the appropriations in this act for each such department, 27 agency, and the legislature and the judiciary. 28 § 15. Severability clause. If any clause, sentence, paragraph, subdi- 29 vision, section or part of this act shall be adjudged by any court of 30 competent jurisdiction to be invalid, such judgment shall not affect, 31 impair, or invalidate the remainder thereof, but shall be confined in 32 its operation to the clause, sentence, paragraph, subdivision, section 33 or part thereof directly involved in the controversy in which such judg- 34 ment shall have been rendered. It is hereby declared to be the intent of 35 the legislature that this act would have been enacted even if such 36 invalid provisions had not been included herein. 37 § 16. This act shall take effect immediately and shall be deemed to 38 have been in full force and effect on and after April 1, 2025; provided, 39 however, that upon the transfer of expenditures and disbursements by the 40 comptroller as provided in section fourteen of this act, the appropri- 41 ations made by this act and subject to such section shall be deemed 42 repealed.