A 8068: Provides for emergency appropriation through April 29, 2025 for the support of government.

  
  STATE OF NEW YORK ________________________________________________________________________ 8068 2025-2026 Regular Sessions  IN ASSEMBLY April 24, 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; to amend chapter 119 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 122 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12009-01-5 
 A. 8068 2 1 incurred prior to April 1, 2025, on the 2 payrolls scheduled to be paid during the 3 period April 1 through April [24] 29, 2025 4 to state officers and employees of the 5 executive branch, including the governor, 6 lieutenant governor, comptroller, and 7 attorney general, and to employees of the 8 legislature. This appropriation also 9 includes payments for services performed 10 by mentally ill or developmentally disa- 11 bled persons who are employed in state-op- 12 erated special employment, work-for-pay or 13 sheltered workshop programs .............. 1,336,630,000 14 -------------- 15 § 3. Section 3 of chapter 113 of the laws of 2025, relating to making 16 appropriations for the support of government, as amended by chapter 122 17 of the laws of 2025, is amended to read as follows: 18 § 3. The amount specified in this section, or so much thereof as shall 19 be sufficient to accomplish the purpose designated, is hereby appropri- 20 ated and authorized to be paid as hereinafter provided, to the public 21 officers and for the purpose specified, which amount shall be available 22 for the state fiscal year beginning April 1, 2025. 23 ALL STATE DEPARTMENTS AND AGENCIES 24 For the payment of state operations non 25 personal service liabilities to the execu- 26 tive branch, including the comptroller, 27 and the attorney general, and legislature, 28 incurred in the ordinary course of busi- 29 ness, during the period April 1 through 30 April [24] 29, 2025, pursuant to existing 31 state law and for purposes for which the 32 legislature authorized the expenditure of 33 moneys during the 2024-2025 state fiscal 34 year; provided, however, that nothing 35 contained herein shall be deemed to limit 36 or restrict the power or authority of 37 state departments or agencies to conduct 38 their activities or operations in accord- 39 ance with existing law, and further 40 provided that nothing contained herein 41 shall be deemed to supersede, nullify or 42 modify the provisions of section 40 of the 43 state finance law prescribing when appro- 44 priations made for the 2024-2025 state 45 fiscal year shall have ceased to have 46 force and effect ............................ 34,000,000 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 122 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. 8068 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 ....................... [567,571,000] 575,295,000 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 .......... [567,471,000] 567,475,000 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 ............. 99,150,000 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 ................... [554,000] 558,000 
 A. 8068 4 1 For the payment of the metro- 2 politan commuter transporta- 3 tion mobility tax pursuant 4 to article 23 of the tax 5 law, as added by chapter 25 6 of the laws of 2009, on 7 behalf of the state employ- 8 ees employed in the metro- 9 politan commuter transporta- 10 tion district .................. 2,250,000 11 For the state's contribution 12 to the vision care plan ........... 17,000 13 -------------- 14 Project schedule total ... 15 ........... [567,471,000] 567,475,000 16 -------------- 17 For payments in accordance with section 19-a 18 of the public lands law (80567) .............. 7,720,000 19 For payment of claims for damage to personal 20 or real property or for bodily injuries or 21 wrongful death caused by officers, employ- 22 ees, or other authorized persons providing 23 service to state government while provid- 24 ing such service, and the state university 25 construction fund while acting within the 26 scope of their employment, and while oper- 27 ating motor vehicles, and for any individ- 28 uals operating motor vehicles which are 29 assigned on a permanent basis with unre- 30 stricted use to state officers and employ- 31 ees when the person is permanently 32 assigned the motor vehicle (80559) ............. 100,000 33 -------------- 34 § 5. Section 5 of chapter 118 of the laws of 2025, relating to making 35 appropriations for the support of government, as amended by chapter 122 36 of the laws of 2025, is amended to read as follows: 37 § 5. 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 JUDICIARY 43 For the purpose of making payments for 44 personal service, including liabilities 45 incurred prior to April 1, 2025, on the 46 payrolls scheduled to be paid during the 47 period April 1 through April [24] 29, 2025 48 to officers and employees of the judiciary 49 ............................................ 175,000,000 50 For the payment of state operations nonper- 51 sonal service liabilities, the sum of 52 twenty-five million dollars ($25,000,000), 
 A. 8068 5 1 or so much thereof as shall be sufficient 2 to accomplish the purpose designated, is 3 hereby appropriated to the judiciary out 4 of any moneys in the general fund or other 5 funds to the credit of the state purposes 6 account not otherwise appropriated. The 7 comptroller is hereby authorized and 8 directed to utilize this appropriation for 9 the purpose of making payments for nonper- 10 sonal service liabilities incurred by the 11 judiciary from April 1 through April [24] 12 29, 2025 .................................... 25,000,000 13 For the payment of aid to localities liabil- 14 ities, the sum of thirty million dollars 15 ($30,000,000), or so much thereof as shall 16 be sufficient to accomplish the purpose 17 designated, is hereby appropriated to the 18 judiciary out of any moneys in the general 19 fund or other funds to the credit of the 20 state purposes account not otherwise 21 appropriated. The comptroller is hereby 22 authorized and directed to utilize this 23 appropriation for the purpose of making 24 payments for aid to localities liabilities 25 incurred by the judiciary from April 1 26 through April [24] 29, 2025 ................. 30,000,000 27 For the payment of employee fringe benefit 28 programs including, but not limited to, 29 the judiciary's contributions to the 30 health insurance fund, the employees' 31 retirement system pension accumulation 32 fund, the social security contribution 33 fund, employee benefit fund programs, the 34 dental insurance plan, the vision care 35 plan, the unemployment insurance fund, and 36 for workers' compensation benefits, the 37 sum of three hundred million dollars 38 ($300,000,000), or so much thereof as 39 shall be sufficient to accomplish the 40 purpose designated, is hereby appropriated 41 to the judiciary out of any moneys in the 42 general fund or other funds to the credit 43 of the state purposes account not other- 44 wise appropriated. The comptroller is 45 hereby authorized and directed to utilize 46 this appropriation for the purpose of 47 making payments for employee fringe bene- 48 fit liabilities incurred by the judiciary 49 from April 1 through April [24] 29, 2025 ... 300,000,000 50 -------------- 51 § 6. Section 5 of chapter 113 of the laws of 2025, relating to making 52 appropriations for the support of government, as amended by chapter 122 53 of the laws of 2025, is amended to read as follows: 54 § 5. The amounts specified in this section, or so much thereof as 55 shall be sufficient to accomplish the purposes designated, is hereby 
 A. 8068 6 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 HEALTH 5 AID TO LOCALITIES 6 CENTER FOR COMMUNITY HEALTH PROGRAM ......... [32,680,000] 38,030,000 7 -------------- 8 General Fund 9 Local Assistance Account - 10000 10 For services and expenses related to the 11 Indian health program. The money hereby 12 appropriated shall be for payment of 13 financial assistance heretofore accrued or 14 hereafter to accrue (26840) .................. 7,000,000 15 -------------- 16 Special Revenue Funds - Federal 17 Federal USDA-Food and Nutrition Services Fund 18 Federal Food and Nutrition Services Account - 25022 19 For various federal food and nutritional 20 services. The moneys hereby appropriated 21 shall be available for payment of finan- 22 cial assistance heretofore accrued (26986) 23 ............................. [25,680,000] 31,030,000 24 -------------- 25 ELDERLY PHARMACEUTICAL INSURANCE COVERAGE PROGRAM ............ 1,520,000 26 -------------- 27 Special Revenue Funds - Other 28 HCRA Resources Fund 29 EPIC Premium Account - 20818 30 For services and expenses of the program for 31 elderly pharmaceutical insurance coverage, 32 including reimbursement to pharmacies 33 participating in such program. 34 The moneys hereby appropriated shall be 35 available for payment of financial assist- 36 ance heretofore accrued (26803) .............. 1,520,000 37 MEDICAL ASSISTANCE PROGRAM ............... [6,032,985,000] 7,541,232,000 38 -------------- 39 General Fund 40 Local Assistance Account - 10000 41 For the medical assistance program, includ- 42 ing administrative expenses, for local 
 A. 8068 7 1 social services districts, and for medical 2 care rates for authorized child care agen- 3 cies. 4 Notwithstanding section 40 of the state 5 finance law or any provision of law to the 6 contrary, subject to federal approval, 7 department of health state funds medicaid 8 spending, excluding payments for medical 9 services provided at state facilities 10 operated by the office of mental health, 11 the office for people with developmental 12 disabilities and the office of addiction 13 services and supports and further exclud- 14 ing any payments which are not appropri- 15 ated within the department of health, in 16 the aggregate, for the period April 1, 17 2025 through March 31, 2026, shall not 18 exceed $33,417,285,000 except as provided 19 below provided, however, such aggregate 20 limits may be adjusted by the director of 21 the budget to account for any changes in 22 the New York state federal medical assist- 23 ance percentage amount established pursu- 24 ant to the federal social security act, 25 increases in provider revenues, reductions 26 in local social services district payments 27 for medical assistance administration, 28 minimum wage increases, and beginning 29 April 1, 2012 the operational costs of the 30 New York state medical indemnity fund, 31 pursuant to chapter 59 of the laws of 32 2011, and state costs or savings from the 33 essential plan program. Such projections 34 may be adjusted by the director of the 35 budget to account for increased or expe- 36 dited department of health state funds 37 medicaid expenditures as a result of a 38 natural or other type of disaster, includ- 39 ing a governmental declaration of emergen- 40 cy. 41 The director of the budget, in consultation 42 with the commissioner of health, shall 43 assess on a quarterly basis known and 44 projected medicaid expenditures by catego- 45 ry of service and by geographic region, as 46 defined by the commissioner, incurred both 47 prior to and subsequent to such assessment 48 for each such period, and if the director 49 of the budget determines that such expend- 50 itures are expected to cause medicaid 51 spending for such period to exceed the 52 aggregate limit specified herein for such 53 period, the state medicaid director, in 54 consultation with the director of the 55 budget and the commissioner of health, 56 shall develop a medicaid savings allo- 
 A. 8068 8 1 cation adjustment to limit such spending 2 to the aggregate limit specified herein 3 for such period. 4 Such medicaid savings allocation adjustment 5 shall be designed, to reduce the expendi- 6 tures authorized by the appropriations 7 herein in compliance with the following 8 guidelines: (1) reductions shall be made 9 in compliance with applicable federal law, 10 including the provisions of the Patient 11 Protection and Affordable Care Act, Public 12 Law No. 111-148, and the Health Care and 13 Education Reconciliation Act of 2010, 14 Public Law No. 111-152 (collectively 15 "Affordable Care Act") and any subsequent 16 amendments thereto or regulations promul- 17 gated thereunder; (2) reductions shall be 18 made in a manner that complies with the 19 state medicaid plan approved by the feder- 20 al centers for medicare and medicaid 21 services, provided, however, that the 22 commissioner of health is authorized to 23 submit any state plan amendment or seek 24 other federal approval, including waiver 25 authority, to implement the provisions of 26 the medicaid savings allocation adjustment 27 that meets the other criteria set forth 28 herein; (3) reductions shall be made in a 29 manner that maximizes federal financial 30 participation, to the extent practicable, 31 including any federal financial partic- 32 ipation that is available or is reasonably 33 expected to become available, in the 34 discretion of the commissioner, under the 35 Affordable Care Act; (4) reductions shall 36 be made uniformly among categories of 37 services and geographic regions of the 38 state, to the extent practicable, and 39 shall be made uniformly within a category 40 of service, to the extent practicable, 41 except where the commissioner determines 42 that there are sufficient grounds for 43 non-uniformity, including but not limited 44 to: the extent to which specific catego- 45 ries of services contributed to department 46 of health medicaid state funds spending in 47 excess of the limits specified herein; the 48 need to maintain safety net services in 49 underserved communities; or the potential 50 benefits of pursuing innovative payment 51 models contemplated by the Affordable Care 52 Act, in which case such grounds shall be 53 set forth in the medicaid savings allo- 54 cation adjustment; and (5) reductions 55 shall be made in a manner that does not 56 unnecessarily create administrative 
 A. 8068 9 1 burdens to medicaid applicants and recipi- 2 ents or providers. 3 The commissioner shall seek the input of the 4 legislature, as well as organizations 5 representing health care providers, 6 consumers, businesses, workers, health 7 insurers, and others with relevant exper- 8 tise, in developing such medicaid savings 9 allocation adjustment, to the extent that 10 all or part of such adjustment, in the 11 discretion of the commissioner, is likely 12 to have a material impact on the overall 13 medicaid program, particular categories of 14 service or particular geographic regions 15 of the state. 16 (a) The commissioner shall post the medicaid 17 savings allocation adjustment on the 18 department of health's website and shall 19 provide written copies of such adjustment 20 to the chairs of the senate finance and 21 the assembly ways and means committees at 22 least 30 days before the date on which 23 implementation is expected to begin. 24 (b) The commissioner may revise the medicaid 25 savings allocation adjustment subsequent 26 to the provisions of notice and prior to 27 implementation but needs to provide a new 28 notice pursuant to subparagraph (i) of 29 this paragraph only if the commissioner 30 determines, in his or her discretion, that 31 such revisions materially alter the 32 adjustment. 33 Notwithstanding the provisions of paragraphs 34 (a) and (b) of this subdivision, the 35 commissioner need not seek the input 36 described in paragraph (a) of this subdi- 37 vision or provide notice pursuant to para- 38 graph (b) of this subdivision if, in the 39 discretion of the commissioner, expedited 40 development and implementation of a medi- 41 caid savings allocation adjustment is 42 necessary due to a public health emergen- 43 cy. 44 For purposes of this section, a public 45 health emergency is defined as: (i) a 46 disaster, natural or otherwise, that 47 significantly increases the immediate need 48 for health care personnel in an area of 49 the state; (ii) an event or condition that 50 creates a widespread risk of exposure to a 51 serious communicable disease, or the 52 potential for such widespread risk of 53 exposure; or (iii) any other event or 54 condition determined by the commissioner 55 to constitute an imminent threat to public 56 health. 
 A. 8068 10 1 Nothing in this paragraph shall be deemed to 2 prevent all or part of such medicaid 3 savings allocation adjustment from taking 4 effect retroactively to the extent permit- 5 ted by the federal centers for medicare 6 and medicaid services. 7 In accordance with the medicaid savings 8 allocation adjustment, the commissioner of 9 the department of health shall reduce 10 department of health state funds medicaid 11 spending by the amount of the projected 12 overspending through, actions including, 13 but not limited to modifying or suspending 14 reimbursement methods, including but not 15 limited to all fees, premium levels and 16 rates of payment, notwithstanding any 17 provision of law that sets a specific 18 amount or methodology for any such 19 payments or rates of payment; modifying or 20 discontinuing medicaid program benefits; 21 seeking all necessary federal approvals, 22 including, but not limited to waivers, 23 waiver amendments; and suspending time 24 frames for notice, approval or certif- 25 ication of rate requirements, notwith- 26 standing any provision of law, rule or 27 regulation to the contrary, including but 28 not limited to sections 2807 and 3614 of 29 the public health law, section 18 of chap- 30 ter 2 of the laws of 1988, and 18 NYCRR 31 505.14(h). 32 The department of health shall prepare a 33 quarterly report that sets forth: (a) 34 known and projected department of health 35 medicaid expenditures as described in 36 subdivision (1) of this section, and 37 factors that could result in medicaid 38 disbursements for the relevant state 39 fiscal year to exceed the projected 40 department of health state funds disburse- 41 ments in the enacted budget financial plan 42 pursuant to subdivision 3 of section 23 of 43 the state finance law, including spending 44 increases or decreases due to: enrollment 45 fluctuations, rate changes, utilization 46 changes, MRT investments, and shift of 47 beneficiaries to managed care; and vari- 48 ations in offline medicaid payments; and 49 (b) the actions taken to implement any 50 medicaid savings allocation adjustment 51 implemented pursuant to subdivision (4) of 52 this section, including information 53 concerning the impact of such actions on 54 each category of service and each 55 geographic region of the state. Each such 56 quarterly report shall be provided to the 
 A. 8068 11 1 chairs of the senate finance and the 2 assembly ways and means committees and 3 shall be posted on the department of 4 health's website in a timely manner. 5 The money hereby appropriated is to be 6 available for payment of aid heretofore 7 accrued or hereafter accrued to munici- 8 palities, and to providers of medical 9 services pursuant to section 367-b of the 10 social services law, and for payment of 11 state aid to municipalities and to provid- 12 ers of family care where payment systems 13 through the fiscal intermediaries are not 14 operational. 15 Notwithstanding any inconsistent provision 16 of law to the contrary, funds may be used 17 by the department for outside legal 18 assistance on issues involving the federal 19 government, the conduct of preadmission 20 screening and annual resident reviews 21 required by the state's medicaid program, 22 computer matching with insurance carriers 23 to insure that medicaid is the payer of 24 last resort and activities related to the 25 management of the pharmacy benefit avail- 26 able under the medicaid program. 27 Notwithstanding any inconsistent provision 28 of law, in lieu of payments authorized by 29 the social services law, or payments of 30 federal funds otherwise due to the local 31 social services districts for programs 32 provided under the federal social security 33 act or the federal food stamp act, funds 34 herein appropriated, in amounts certified 35 by the state commissioner of temporary and 36 disability assistance or the state commis- 37 sioner of health as due from local social 38 services districts each month as their 39 share of payments made pursuant to section 40 367-b of the social services law may be 41 set aside by the state comptroller in an 42 interest-bearing account in order to 43 ensure the orderly and prompt payment of 44 providers under section 367-b of the 45 social services law pursuant to an esti- 46 mate provided by the commissioner of 47 health of each local social services 48 district's share of payments made pursuant 49 to section 367-b of the social services 50 law. 51 Notwithstanding any inconsistent provision 52 of law, funding made available by these 53 appropriations shall support direct salary 54 costs and related fringe benefits within 55 the medical assistance program associated 56 with any minimum wage increase that takes 
 A. 8068 12 1 effect during the timeframe of these 2 appropriations, pursuant to section 652 of 3 the labor law. Each eligible organization 4 in receipt of funding made available by 5 these appropriations may be required to 6 submit written certification, in such form 7 and at such time the commissioner may 8 prescribe, attesting to the total amount 9 of funds used by the eligible organiza- 10 tion, how such funding will be or was used 11 for purposes eligible under these appro- 12 priations and any other reporting deemed 13 necessary by the commissioner. The amounts 14 appropriated herein may include advances 15 to organizations authorized to receive 16 such funds to accomplish this purpose. 17 Notwithstanding any other provision of law, 18 the money hereby appropriated may be 19 increased or decreased by interchange or 20 transfer, with any appropriation of the 21 department of health and the office of 22 medicaid inspector general and may be 23 increased or decreased by transfer or 24 suballocation between these appropriated 25 amounts and appropriations of the depart- 26 ment of health state purpose account, the 27 office of mental health, office for people 28 with developmental disabilities, the 29 office of addiction services and supports, 30 the department of family assistance office 31 of temporary and disability assistance, 32 the department of corrections and communi- 33 ty supervision, the office of information 34 technology services, the state university 35 of New York, and office of children and 36 family services, the office of medicaid 37 inspector general, the state education 38 department, and the state office for the 39 aging with the approval of the director of 40 the budget, who shall file such approval 41 with the department of audit and control 42 and copies thereof with the chairman of 43 the senate finance committee and the 44 chairman of the assembly ways and means 45 committee. 46 Notwithstanding any inconsistent provision 47 of law to the contrary, the moneys hereby 48 appropriated may be used for payments to 49 the centers for medicaid and medicare 50 services for obligations incurred related 51 to the pharmaceutical costs of dually 52 eligible medicare/medicaid beneficiaries 53 participating in the medicare drug benefit 54 authorized by P.L. 108-173. 55 Notwithstanding any inconsistent provision 56 of law, the moneys hereby appropriated 
 A. 8068 13 1 shall not be used for any existing rates, 2 fees, fee schedule, or procedures which 3 may affect the cost of care and services 4 provided by personal care providers, case 5 managers, health maintenance organiza- 6 tions, out of state medical facilities 7 which provide care and services to resi- 8 dents of the state, providers of transpor- 9 tation services, that are altered, 10 amended, adjusted or otherwise changed by 11 a local social services district unless 12 previously approved by the department of 13 health and the director of the budget. 14 Notwithstanding any inconsistent provision 15 of law to the contrary, funds shall be 16 made available to the commissioner of the 17 office of mental health or the commission- 18 er of the office of addiction services and 19 supports, in consultation with the commis- 20 sioner of health and approved by the 21 director of the budget, and consistent 22 with appropriations made therefor, to 23 implement allocation adjustment developed 24 by each such commissioner which shall 25 describe mental health or substance use 26 disorder services that should be developed 27 to meet service needs resulting from the 28 reduction of inpatient behavioral health 29 services provided under the medicaid 30 program, by programs licensed pursuant to 31 article 31 or 32 of the mental hygiene 32 law. Such programs may include programs 33 that are licensed pursuant to both article 34 31 of the mental hygiene law and article 35 28 of the public health law, or certified 36 under both article 32 of the mental 37 hygiene law and article 28 of the public 38 health law. 39 Notwithstanding any inconsistent provision 40 of law, the moneys hereby appropriated may 41 be available for payments associated with 42 the resolution by settlement agreement or 43 judgment of rate appeals and/or litigation 44 where the department of health is a party. 45 For services and expenses of the medical 46 assistance program including hospital 47 inpatient services and general hospitals 48 that are safety-net providers that evince 49 severe financial distress, pursuant to 50 criteria determined by the commissioner, 51 shall be eligible for awards for amounts 52 appropriated herein, to enable such 53 providers to maintain operations and vital 54 services while establishing long term 55 solutions to achieve sustainable health 56 services. 
 A. 8068 14 1 Notwithstanding any inconsistent provisions 2 of law, no expenditures shall be used for 3 the medical assistance program for any 4 expenses not explicitly authorized in law 5 without the approval of the director of 6 the budget. 7 Notwithstanding any provision of law to the 8 contrary, the portion of this appropri- 9 ation covering fiscal year 2025-26 shall 10 supersede and replace any duplicative (i) 11 reappropriation for this item covering 12 fiscal year 2025-26, and (ii) appropri- 13 ation for this item covering fiscal year 14 2025-26 set forth in chapter 53 of the 15 laws of 2024 (26947) ......... [80,800,000] 101,000,000 16 For services and expenses of the medical 17 assistance program including hospital 18 outpatient and emergency room services. 19 Notwithstanding any provision of law to the 20 contrary, the portion of this appropri- 21 ation covering fiscal year 2025-26 shall 22 supersede and replace any duplicative (i) 23 reappropriation for this item covering 24 fiscal year 2025-26, and (ii) appropri- 25 ation for this item covering fiscal year 26 2025-26 set forth in chapter 53 of the 27 laws of 2024 (26948) ......... [20,864,000] 26,080,000 28 For services and expenses of the medical 29 assistance program including clinic 30 services. 31 Notwithstanding any provision of law to the 32 contrary, the portion of this appropri- 33 ation covering fiscal year 2025-26 shall 34 supersede and replace any duplicative (i) 35 reappropriation for this item covering 36 fiscal year 2025-26, and (ii) appropri- 37 ation for this item covering fiscal year 38 2025-26 set forth in chapter 53 of the 39 laws of 2024 (26949) ......... [38,052,000] 47,565,000 40 For services and expenses of the medical 41 assistance program including nursing home 42 services. 43 Notwithstanding any provision of law to the 44 contrary, the portion of this appropri- 45 ation covering fiscal year 2025-26 shall 46 supersede and replace any duplicative (i) 47 reappropriation for this item covering 48 fiscal year 2025-26, and (ii) appropri- 49 ation for this item covering fiscal year 50 2025-26 set forth in chapter 53 of the 51 laws of 2024 (26950) ........ [101,872,000] 127,340,000 52 For services and expenses of the medical 53 assistance program including other long 54 term care services. 55 Notwithstanding any provision of law to the 56 contrary, the portion of this appropri- 
 A. 8068 15 1 ation covering fiscal year 2025-26 shall 2 supersede and replace any duplicative (i) 3 reappropriation for this item covering 4 fiscal year 2025-26, and (ii) appropri- 5 ation for this item covering fiscal year 6 2025-26 set forth in chapter 53 of the 7 laws of 2024 (26951) ........ [563,112,000] 703,890,000 8 For services and expenses of the medical 9 assistance program including managed care 10 services including regional planning 11 activities of the finger lakes health 12 systems agency, including statewide coor- 13 dination and demonstration of best prac- 14 tices. The department shall make grants 15 within amounts appropriated therefor, to 16 assure high-quality and accessible primary 17 care, to provide technical assistance to 18 support financial and business planning 19 for integrated systems of care, and to 20 assist primary care providers in the 21 adoption, implementation, and meaningful 22 use of electronic health record technolo- 23 gy. 24 Notwithstanding any provision of law to the 25 contrary, the portion of this appropri- 26 ation covering fiscal year 2025-26 shall 27 supersede and replace any duplicative (i) 28 reappropriation for this item covering 29 fiscal year 2025-26, and (ii) appropri- 30 ation for this item covering fiscal year 31 2025-26 set forth in chapter 53 of the 32 laws of 2024 (26952) ........ [347,446,000] 434,308,000 33 For services and expenses for health homes 34 including grants to health homes. 35 Notwithstanding any provision of law to the 36 contrary, the portion of this appropri- 37 ation covering fiscal year 2025-26 shall 38 supersede and replace any duplicative (i) 39 reappropriation for this item covering 40 fiscal year 2025-26, and (ii) appropri- 41 ation for this item covering fiscal year 42 2025-26 set forth in chapter 53 of the 43 laws of 2024 (29548) ......... [12,064,000] 15,080,000 44 For services and expenses of the medical 45 assistance program including pharmacy 46 services provided, however, that no funds 47 shall be made available pursuant to this 48 appropriation for any drug not explicitly 49 authorized in any enacted law, rule, or 50 regulation without approval from the 51 director of the budget. 52 Notwithstanding any provision of law to the 53 contrary, the portion of this appropri- 54 ation covering fiscal year 2025-26 shall 55 supersede and replace any duplicative (i) 56 reappropriation for this item covering 
 A. 8068 16 1 fiscal year 2025-26, and (ii) appropri- 2 ation for this item covering fiscal year 3 2025-26 set forth in chapter 53 of the 4 laws of 2024 (26953) ........ [193,904,000] 242,380,000 5 For services and expenses of the medical 6 assistance program including transporta- 7 tion services. 8 Notwithstanding any provision of law to the 9 contrary, the portion of this appropri- 10 ation covering fiscal year 2025-26 shall 11 supersede and replace any duplicative (i) 12 reappropriation for this item covering 13 fiscal year 2025-26, and (ii) appropri- 14 ation for this item covering fiscal year 15 2025-26 set forth in chapter 53 of the 16 laws of 2024 (26954) ......... [28,688,000] 35,860,000 17 For services and expenses of the medical 18 assistance program including dental 19 services. 20 Notwithstanding any provision of law to the 21 contrary, the portion of this appropri- 22 ation covering fiscal year 2025-26 shall 23 supersede and replace any duplicative (i) 24 reappropriation for this item covering 25 fiscal year 2025-26, and (ii) appropri- 26 ation for this item covering fiscal year 27 2025-26 set forth in chapter 53 of the 28 laws of 2024 (26955) ............ [328,000] 410,000 29 For services and expenses of the medical 30 assistance program including non-institu- 31 tional and other spending. 32 The money hereby appropriated is available 33 for payment of liabilities heretofore 34 accrued or hereafter accrued. 35 Notwithstanding any inconsistent provision 36 of law, the money hereby appropriated may 37 be available for payments to any county or 38 public school districts associated with 39 additional claims for school supportive 40 health services. 41 Notwithstanding any provision of law to the 42 contrary, the portion of this appropri- 43 ation covering fiscal year 2025-26 shall 44 supersede and replace any duplicative (i) 45 reappropriation for this item covering 46 fiscal year 2025-26, and (ii) appropri- 47 ation for this item covering fiscal year 48 2025-26 set forth in chapter 53 of the 49 laws of 2024 (26956) ......... [79,208,000] 99,010,000 50 For services and expenses of the medical 51 assistance program including medical 52 services provided at state facilities 53 operated by the office of mental health, 54 the office for people with developmental 55 disabilities and the office of addiction 56 services and supports. 
 A. 8068 17 1 Notwithstanding any provision of law to the 2 contrary, the portion of this appropri- 3 ation covering fiscal year 2025-26 shall 4 supersede and replace any duplicative (i) 5 reappropriation for this item covering 6 fiscal year 2025-26, and (ii) appropri- 7 ation for this item covering fiscal year 8 2025-26 set forth in chapter 53 of the 9 laws of 2024 (26961) ........ [333,600,000] 417,000,000 10 -------------- 11 Special Revenue Funds - Federal 12 Federal Health and Human Services Fund 13 Medicaid Direct Account - 25106 14 For services and expenses for the medical 15 assistance program, including administra- 16 tive expenses for local social services 17 districts, pursuant to title XIX of the 18 federal social security act or its succes- 19 sor program. 20 The moneys hereby appropriated are to be 21 available for payment of aid heretofore 22 accrued or hereafter accrued to munici- 23 palities, and to providers of medical 24 services pursuant to section 367-b of the 25 social services law, and for payment of 26 state aid to municipalities and to provid- 27 ers of family care where payment systems 28 through the fiscal intermediaries are not 29 operational. 30 Notwithstanding any inconsistent provision 31 of law, funding made available by these 32 appropriations shall support direct salary 33 costs and related fringe benefits within 34 the medical assistance program associated 35 with any minimum wage increase that takes 36 effect during the timeframe of these 37 appropriations, pursuant to section 652 of 38 the labor law. Each eligible organization 39 in receipt of funding made available by 40 these appropriations may be required to 41 submit written certification, in such form 42 and at such time the commissioner may 43 prescribe, attesting to the total amount 44 of funds used by the eligible organiza- 45 tion, how such funding will be or was used 46 for purposes eligible under these appro- 47 priations and any other reporting deemed 48 necessary by the commissioner. The amounts 49 appropriated herein may include advances 50 to organizations authorized to receive 51 such funds to accomplish this purpose. 52 Notwithstanding any other provision of law, 53 the money hereby appropriated may be 54 increased or decreased by interchange or 
 A. 8068 18 1 transfer, with any appropriation of the 2 department of health and the office of 3 medicaid inspector general and may be 4 increased or decreased by transfer or 5 suballocation between these appropriated 6 amounts and appropriations of the office 7 of mental health, office for people with 8 developmental disabilities, the office of 9 addiction services and supports, the 10 department of family assistance office of 11 temporary and disability assistance, 12 office of children and family services, 13 the department of financial services, 14 department of corrections and community 15 supervision, the office of information 16 technology services, the state university 17 of New York, the state education depart- 18 ment, and the state office for the aging 19 with the approval of the director of the 20 budget, who shall file such approval with 21 the department of audit and control and 22 copies thereof with the chairman of the 23 senate finance committee and the chairman 24 of the assembly ways and means committee. 25 Notwithstanding any inconsistent provision 26 of law, in lieu of payments authorized by 27 the social services law, or payments of 28 federal funds otherwise due to the local 29 social services districts for programs 30 provided under the federal social security 31 act or the federal food stamp act, funds 32 herein appropriated, in amounts certified 33 by the state commissioner of temporary and 34 disability assistance or the state commis- 35 sioner of health as due from local social 36 services districts each month as their 37 share of payments made pursuant to section 38 367-b of the social services law may be 39 set aside by the state comptroller in an 40 interest-bearing account in order to 41 ensure the orderly and prompt payment of 42 providers under section 367-b of the 43 social services law pursuant to an esti- 44 mate provided by the commissioner of 45 health of each local social services 46 district's share of payments made pursuant 47 to section 367-b of the social services 48 law. 49 Notwithstanding any inconsistent provision 50 of law to the contrary, funds shall be 51 made available to the commissioner of the 52 office of mental health or the commission- 53 er of the office of addiction services and 54 supports, in consultation with the commis- 55 sioner of health and approved by the 56 director of the budget, and consistent 
 A. 8068 19 1 with appropriations made therefor, to 2 implement allocation adjustment developed 3 by each such commissioner which shall 4 describe mental health or substance use 5 disorder services that should be developed 6 to meet service needs resulting from the 7 reduction of inpatient behavioral health 8 services provided under the medicaid 9 program, by programs licensed pursuant to 10 article 31 or 32 of the mental hygiene 11 law. Such programs may include programs 12 that are licensed pursuant to both article 13 31 of the mental hygiene law and article 14 28 of the public health law, or certified 15 under both article 32 of the mental 16 hygiene law and article 28 of the public 17 health law. 18 Notwithstanding any inconsistent provision 19 of law, the moneys hereby appropriated may 20 be available for payments associated with 21 the resolution by settlement agreement or 22 judgment of rate appeals and/or litigation 23 where the department of health is a party. 24 Notwithstanding any inconsistent 25 provisions of law, no expenditures shall 26 be used for the medical assistance program 27 for any expenses not explicitly authorized 28 in law without the approval of the direc- 29 tor of the budget. 30 For services and expenses of the medical 31 assistance program including hospital 32 inpatient services. 33 Notwithstanding any provision of law to the 34 contrary, the portion of this appropri- 35 ation covering fiscal year 2025-26 shall 36 supersede and replace any duplicative (i) 37 reappropriation for this item covering 38 fiscal year 2025-26, and (ii) appropri- 39 ation for this item covering fiscal year 40 2025-26 set forth in chapter 53 of the 41 laws of 2024 (26947) ........ [231,256,000] 289,070,000 42 For services and expenses of the medical 43 assistance program including hospital 44 outpatient and emergency room services. 45 Notwithstanding any provision of law to the 46 contrary, the portion of this appropri- 47 ation covering fiscal year 2025-26 shall 48 supersede and replace any duplicative (i) 49 reappropriation for this item covering 50 fiscal year 2025-26, and (ii) appropri- 51 ation for this item covering fiscal year 52 2025-26 set forth in chapter 53 of the 53 laws of 2024 (26948) ......... [41,488,000] 51,860,000 54 For services and expenses of the medical 55 assistance program including clinic 56 services. 
 A. 8068 20 1 Notwithstanding any provision of law to the 2 contrary, the portion of this appropri- 3 ation covering fiscal year 2025-26 shall 4 supersede and replace any duplicative (i) 5 reappropriation for this item covering 6 fiscal year 2025-26, and (ii) appropri- 7 ation for this item covering fiscal year 8 2025-26 set forth in chapter 53 of the 9 laws of 2024 (26949) ......... [67,868,000] 84,835,000 10 For services and expenses of the medical 11 assistance program including nursing home 12 services. 13 Notwithstanding any provision of law to the 14 contrary, the portion of this appropri- 15 ation covering fiscal year 2025-26 shall 16 supersede and replace any duplicative (i) 17 reappropriation for this item covering 18 fiscal year 2025-26, and (ii) appropri- 19 ation for this item covering fiscal year 20 2025-26 set forth in chapter 53 of the 21 laws of 2024 (26950) ........ [317,436,000] 396,795,000 22 For services and expenses of the medical 23 assistance program including other long 24 term care services. 25 Notwithstanding any provision of law to the 26 contrary, the portion of this appropri- 27 ation covering fiscal year 2025-26 shall 28 supersede and replace any duplicative (i) 29 reappropriation for this item covering 30 fiscal year 2025-26, and (ii) appropri- 31 ation for this item covering fiscal year 32 2025-26 set forth in chapter 53 of the 33 laws of 2024 (26951) ..... [1,059,151,000] 1,323,939,000 34 For services and expenses of the medical 35 assistance program including managed care 36 services including regional planning 37 activities of the finger lakes health 38 systems agency, including statewide coor- 39 dination and demonstration of best prac- 40 tices. The department shall make grants 41 within amounts appropriated therefor, to 42 assure high-quality and accessible primary 43 care, to provide technical assistance to 44 support financial and business planning 45 for integrated systems of care, and to 46 assist primary care providers in the 47 adoption, implementation, and meaningful 48 use of electronic health record technolo- 49 gy. 50 Notwithstanding any provision of law to the 51 contrary, the portion of this appropri- 52 ation covering fiscal year 2025-26 shall 53 supersede and replace any duplicative (i) 54 reappropriation for this item covering 55 fiscal year 2025-26, and (ii) appropri- 56 ation for this item covering fiscal year 
 A. 8068 21 1 2025-26 set forth in chapter 53 of the 2 laws of 2024 (26952) ..... [1,206,632,000] 1,508,290,000 3 For services and expenses of the medical 4 assistance program including pharmacy 5 services, provided, however, that no funds 6 shall be made available pursuant to this 7 appropriation for any drug not explicitly 8 authorized in any heretofore enacted law, 9 rule, or regulation without approval from 10 the director of the budget. 11 Notwithstanding any provision of law to the 12 contrary, the portion of this appropri- 13 ation covering fiscal year 2025-26 shall 14 supersede and replace any duplicative (i) 15 reappropriation for this item covering 16 fiscal year 2025-26, and (ii) appropri- 17 ation for this item covering fiscal year 18 2025-26 set forth in chapter 53 of the 19 laws of 2024 (26953) ........ [370,464,000] 463,080,000 20 For services and expenses of the medical 21 assistance program including transporta- 22 tion services. 23 Notwithstanding any provision of law to the 24 contrary, the portion of this appropri- 25 ation covering fiscal year 2025-26 shall 26 supersede and replace any duplicative (i) 27 reappropriation for this item covering 28 fiscal year 2025-26, and (ii) appropri- 29 ation for this item covering fiscal year 30 2025-26 set forth in chapter 53 of the 31 laws of 2024 (26954) ......... [48,940,000] 61,175,000 32 For services and expenses of the medical 33 assistance program including dental 34 services. 35 Notwithstanding any provision of law to the 36 contrary, the portion of this appropri- 37 ation covering fiscal year 2025-26 shall 38 supersede and replace any duplicative (i) 39 reappropriation for this item covering 40 fiscal year 2025-26, and (ii) appropri- 41 ation for this item covering fiscal year 42 2025-26 set forth in chapter 53 of the 43 laws of 2024 (26955) .......... [5,688,000] 7,110,000 44 For services and expenses of the medical 45 assistance program including noninstitu- 46 tional and other spending. 47 The money hereby appropriated is available 48 for payment of liabilities heretofore 49 accrued or hereafter accrued. 50 Notwithstanding any provision of law to the 51 contrary, the portion of this appropri- 52 ation covering fiscal year 2025-26 shall 53 supersede and replace any duplicative (i) 54 reappropriation for this item covering 55 fiscal year 2025-26, and (ii) appropri- 56 ation for this item covering fiscal year 
 A. 8068 22 1 2025-26 set forth in chapter 53 of the 2 laws of 2024 (26956) ........ [550,524,000] 688,155,000 3 For services and expenses of the medical 4 assistance program including medical 5 services provided at state facilities 6 operated by the office of mental health, 7 the office for people with developmental 8 disabilities and the office of addiction 9 services and supports. 10 Notwithstanding any provision of law to the 11 contrary, the portion of this appropri- 12 ation covering fiscal year 2025-26 shall 13 supersede and replace any duplicative (i) 14 reappropriation for this item covering 15 fiscal year 2025-26, and (ii) appropri- 16 ation for this item covering fiscal year 17 2025-26 set forth in chapter 53 of the 18 laws of 2024 (26961) ........ [333,600,000] 417,000,000 19 -------------- 20 § 7. Section 6 of chapter 113 of the laws of 2025, relating to making 21 appropriations for the support of government, as amended by chapter 122 22 of the laws of 2025, is amended to read as follows: 23 § 6. The amounts specified in this section, or so much thereof as 24 shall be sufficient to accomplish the purposes designated, is hereby 25 appropriated and authorized to be paid as hereinafter provided, to the 26 public officers and for the purposes specified, which amount shall be 27 available for the state fiscal year beginning April 1, 2025. 28 DEPARTMENT OF LABOR 29 AID TO LOCALITIES 30 UNEMPLOYMENT INSURANCE BENEFIT PROGRAM ..... [750,000,000] 855,000,000 31 -------------- 32 Enterprise Funds 33 Unemployment Insurance Benefit Fund 34 Unemployment Insurance Benefit Account - 50650 35 For payment of unemployment insurance bene- 36 fits pursuant to article 18 of the labor 37 law or as authorized by the federal 38 government through the disaster unemploy- 39 ment assistance program, the emergency 40 unemployment compensation program, the 41 extended benefit program, the federal 42 additional compensation program or any 43 other federally funded unemployment bene- 44 fit program (34787) ........ [750,000,000] 855,000,000 45 § 8. Section 11 of chapter 119 of the laws of 2025, relating to making 46 appropriations for the support of government, as amended by chapter 122 47 of the laws of 2025, is amended to read as follows: 48 § 11. The amounts specified in this section, or so much thereof as 49 shall be sufficient to accomplish the purposes designated, is hereby 
 A. 8068 23 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 ................. [409,744,000] 418,159,000 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 
 A. 8068 24 1 issued by the dormitory authority of the 2 state of New York. 3 Notwithstanding any other provision of law, 4 the money hereby appropriated may be 5 transferred to state operations and/or any 6 appropriation of the office for people 7 with developmental disabilities with the 8 approval of the director of the budget. 9 Notwithstanding any inconsistent provision 10 of law, moneys from this appropriation may 11 be used for state aid of up to 100 percent 12 of the net deficit costs of day training 13 programs and family support services. 14 Notwithstanding the provisions of section 15 16.23 of the mental hygiene law and any 16 other inconsistent provision of law, with 17 relation to the operation of certified 18 family care homes, including family care 19 homes sponsored by voluntary not-for-pro- 20 fit agencies, moneys from this appropri- 21 ation may be used for payments to purchase 22 general services including but not limited 23 to respite providers, up to a maximum of 24 14 days, at rates to be established by the 25 commissioner and approved by the director 26 of the budget in consideration of factors 27 including, but not limited to, geographic 28 area and number of clients cared for in 29 the home and for payment in an amount 30 determined by the commissioner for the 31 personal needs of each client residing in 32 the family care home. 33 Notwithstanding the provisions of subdivi- 34 sion 12 of section 8 of the state finance 35 law and any other inconsistent provision 36 of law, moneys from this appropriation may 37 be used for expenses of family care homes 38 including payments to operators of certi- 39 fied family care homes for damages caused 40 by clients to personal and real property 41 in accordance with standards established 42 by the commissioner and approved by the 43 director of the budget. 44 Notwithstanding any inconsistent provision 45 of law, moneys from this appropriation may 46 be used for appropriate day program 47 services and residential services includ- 48 ing, but not limited to, direct housing 49 subsidies to individuals, start-up 50 expenses for family care providers, envi- 51 ronmental modifications, adaptive technol- 52 ogies, appraisals, property options, 53 feasibility studies and preoperational 54 expenses. 55 Notwithstanding any inconsistent provision 56 of law except pursuant to a chapter of the 
 A. 8068 25 1 laws of 2024 authorizing a 2.84 percent 2 cost of living adjustment, for the period 3 commencing on April 1, 2024 and ending 4 March 31, 2025 the commissioner shall not 5 apply any other cost of living adjustment 6 for the purpose of establishing rates of 7 payments, contracts or any other form of 8 reimbursement; provided that this shall 9 not prevent the commissioner from applying 10 prior adjustments for the purpose of 11 establishing rates resulting from a rebas- 12 ing of base year costs. 13 Notwithstanding section 6908 of the educa- 14 tion law and any other provision of law, 15 rule or regulation to the contrary, direct 16 support staff in programs certified or 17 approved by the office for people with 18 developmental disabilities, including the 19 home and community based services waiver 20 programs that the office for people with 21 developmental disabilities is authorized 22 to administer with federal approval pursu- 23 ant to subdivision (c) of section 1915 of 24 the federal social security act, are 25 authorized to provide such tasks as OPWDD 26 may specify when performed under the 27 supervision, training and periodic 28 inspection of a registered professional 29 nurse and in accordance with an authorized 30 practitioner's ordered care. 31 Notwithstanding any other provision of law 32 to the contrary, and consistent with 33 section 33.07 of the mental hygiene law, 34 the directors of facilities licensed but 35 not operated by the office for people with 36 developmental disabilities who act as 37 federally-appointed representative payees 38 and who assume management responsibility 39 over the funds of a resident may continue 40 to use such funds for the cost of the 41 resident's care and treatment, consistent 42 with federal law and regulations. 43 Funds appropriated herein shall be available 44 in accordance with the following: 45 Notwithstanding any inconsistent provision 46 of law, the director of the budget is 47 authorized to make suballocations from 48 this appropriation to the department of 49 health medical assistance program. 50 Notwithstanding any inconsistent provision 51 of law, and pursuant to criteria estab- 52 lished by the commissioner of the office 53 for people with developmental disabilities 54 and approved by the director of the budg- 55 et, expenditures may be made from this 56 appropriation for residential facilities 
 A. 8068 26 1 which are pending recertification as 2 intermediate care facilities for people 3 with developmental disabilities. 4 Notwithstanding the provisions of section 5 41.36 of the mental hygiene law and any 6 other inconsistent provision of law, 7 moneys from this appropriation may be used 8 for payment up to $250 per year per 9 client, at such times and in such manner 10 as determined by the commissioner on the 11 basis of financial need for the personal 12 needs of each client residing in voluntar- 13 y-operated community residences and volun- 14 tary-operated community residential alter- 15 natives, including individualized 16 residential alternatives under the home 17 and community based services waiver. The 18 commissioner shall, subject to the 19 approval of the director of the budget, 20 alter existing advance payment schedules 21 for voluntary-operated community resi- 22 dences established pursuant to section 23 41.36 of the mental hygiene law. 24 Notwithstanding any inconsistent provision 25 of law, moneys from this appropriation may 26 be used for the operation of clinics 27 licensed pursuant to article 16 of the 28 mental hygiene law including, but not 29 limited to, supportive and habilitative 30 services consistent with the home and 31 community based services waiver. 32 For the state share of medical assistance 33 services expenses incurred by the depart- 34 ment of health for the provision of 35 medical assistance services to people with 36 developmental disabilities (37835) ......... 369,352,000 37 For services and expenses of the community 38 services program, net of disallowances, 39 for community programs for people with 40 developmental disabilities pursuant to 41 article 41 of the mental hygiene law, 42 and/or chapter 620 of the laws of 1974, 43 chapter 660 of the laws of 1977, chapter 44 412 of the laws of 1981, chapter 27 of the 45 laws of 1987, chapter 729 of the laws of 46 1989, chapter 329 of the laws of 1993 and 47 other provisions of the mental hygiene 48 law. Notwithstanding any inconsistent 49 provision of law, the following appropri- 50 ation shall be net of prior and/or current 51 year refunds, rebates, reimbursements, and 52 credits. 53 Notwithstanding any other provision of law, 54 advances and reimbursement made pursuant 55 to subdivision (d) of section 41.15 and 56 section 41.18 of the mental hygiene law 
 A. 8068 27 1 shall be allocated pursuant to a plan and 2 in a manner prescribed by the agency head 3 and approved by the director of the budg- 4 et. The moneys hereby appropriated are 5 available to reimburse or advance locali- 6 ties and voluntary non-profit agencies for 7 expenditures made during local fiscal 8 periods commencing January 1, 2025, April 9 1, 2025 or July 1, 2025, and for advances 10 for the 3 month period beginning January 11 1, 2026. 12 Notwithstanding the provisions of article 41 13 of the mental hygiene law or any other 14 inconsistent provision of law, rule or 15 regulation, the commissioner, pursuant to 16 such contract and in the manner provided 17 therein, may pay all or a portion of the 18 expenses incurred by such voluntary agen- 19 cies arising out of loans which are funded 20 from the proceeds of bonds and notes 21 issued by the dormitory authority of the 22 state of New York. 23 Notwithstanding any other provision of law, 24 the money hereby appropriated may be 25 transferred to state operations and/or any 26 appropriation of the office for people 27 with developmental disabilities with the 28 approval of the director of the budget. 29 Notwithstanding any inconsistent provision 30 of law, moneys from this appropriation may 31 be used for state aid of up to 100 percent 32 of the net deficit costs of day training 33 programs and family support services. 34 Notwithstanding the provisions of section 35 16.23 of the mental hygiene law and any 36 other inconsistent provision of law, with 37 relation to the operation of certified 38 family care homes, including family care 39 homes sponsored by voluntary not-for-pro- 40 fit agencies, moneys from this appropri- 41 ation may be used for payments to purchase 42 general services including but not limited 43 to respite providers, up to a maximum of 44 14 days, at rates to be established by the 45 commissioner and approved by the director 46 of the budget in consideration of factors 47 including, but not limited to, geographic 48 area and number of clients cared for in 49 the home and for payment in an amount 50 determined by the commissioner for the 51 personal needs of each client residing in 52 the family care home. 53 Notwithstanding the provisions of subdivi- 54 sion 12 of section 8 of the state finance 55 law and any other inconsistent provision 56 of law, moneys from this appropriation may 
 A. 8068 28 1 be used for expenses of family care homes 2 including payments to operators of certi- 3 fied family care homes for damages caused 4 by clients to personal and real property 5 in accordance with standards established 6 by the commissioner and approved by the 7 director of the budget. 8 Notwithstanding any inconsistent provision 9 of law, moneys from this appropriation may 10 be used for appropriate day program 11 services and residential services includ- 12 ing, but not limited to, direct housing 13 subsidies to individuals, start-up 14 expenses for family care providers, envi- 15 ronmental modifications, adaptive technol- 16 ogies, appraisals, property options, 17 feasibility studies and preoperational 18 expenses. 19 Notwithstanding any inconsistent provision 20 of law except pursuant to a chapter of the 21 laws of 2024 authorizing a 2.84 percent 22 cost of living adjustment, for the period 23 commencing on April 1, 2024 and ending 24 March 31, 2025 the commissioner shall not 25 apply any other cost of living adjustment 26 for the purpose of establishing rates of 27 payments, contracts or any other form of 28 reimbursement; provided that this shall 29 not prevent the commissioner from applying 30 prior adjustments for the purpose of 31 establishing rates resulting from a rebas- 32 ing of base year costs. 33 Notwithstanding section 6908 of the educa- 34 tion law and any other provision of law, 35 rule or regulation to the contrary, direct 36 support staff in programs certified or 37 approved by the office for people with 38 developmental disabilities, including the 39 home and community based services waiver 40 programs that the office for people with 41 developmental disabilities is authorized 42 to administer with federal approval pursu- 43 ant to subdivision (c) of section 1915 of 44 the federal social security act, are 45 authorized to provide such tasks as OPWDD 46 may specify when performed under the 47 supervision, training and periodic 48 inspection of a registered professional 49 nurse and in accordance with an authorized 50 practitioner's ordered care. 51 Notwithstanding any other provision of law 52 to the contrary, and consistent with 53 section 33.07 of the mental hygiene law, 54 the directors of facilities licensed but 55 not operated by the office for people with 56 developmental disabilities who act as 
 A. 8068 29 1 federally-appointed representative payees 2 and who assume management responsibility 3 over the funds of a resident may continue 4 to use such funds for the cost of the 5 resident's care and treatment, consistent 6 with federal law and regulations. 7 Funds appropriated herein shall be available 8 in accordance with the following: 9 Notwithstanding any other provision of law 10 to the contrary, funds appropriated herein 11 are available to reimburse in- and out-of- 12 state private residential schools, pursu- 13 ant to subdivision (c) of section 13.37-a 14 and subdivision (g) of section 13.38 of 15 the mental hygiene law, for costs of 16 supporting the residential and day program 17 services available to individuals who are 18 over the age of 21 years of age, provided 19 that the amount paid for residential 20 services and/or maintenance costs is net 21 of any supplemental security income bene- 22 fit to which the individual receiving 23 services is eligible, and provided further 24 that funding for nonresidential services 25 will be in an amount not to exceed the 26 maximum reimbursement for appropriate day 27 services delivered by the office for 28 people with developmental disabilities 29 certified or approved providers other than 30 in- and out-of-state private residential 31 schools, unless otherwise authorized by 32 the director of the budget. 33 Notwithstanding section 163 of the state 34 finance law, section 142 of the economic 35 development law, and article 41 of the 36 mental hygiene law, the commissioner of 37 the office for people with developmental 38 disabilities may make the funds appropri- 39 ated herein available as state aid, a loan 40 or a grant, pursuant to terms and condi- 41 tions established by the commissioner of 42 the office for people with developmental 43 disabilities, to cover a portion of the 44 development costs of private, public 45 and/or non-profit organizations, including 46 corporations and partnerships established 47 pursuant to the private housing finance 48 law and/or any other statutory provisions, 49 for supportive housing units that have 50 been set aside for individuals with intel- 51 lectual and developmental disabilities. 52 Further, the office for people with develop- 53 mental disabilities shall have a lien on 54 the real property developed with such 55 state aid, loans or grants, which shall be 56 in the amount of the loan or grant, for a 
 A. 8068 30 1 maximum term of 30 years, or other longer 2 term consistent with the requirements of 3 another regulatory agency. 4 For services and expenses related to the 5 provision of residential services to 6 people with developmental disabilities 7 (37802) ..................... [23,448,000] 28,333,000 8 For services and expenses related to the 9 provision of day program services to 10 people with developmental disabilities 11 (37803) ...................... [5,760,000] 6,960,000 12 For services and expenses related to the 13 provision of family support services to 14 people with developmental disabilities 15 (37804) ...................... [6,480,000] 7,830,000 16 For services and expenses related to the 17 provision of workshop, day training and 18 employment services to people with devel- 19 opmental disabilities. Notwithstanding any 20 other provision of law, up to $800,000 of 21 this appropriation may be transferred to 22 the New York State Education Departments' 23 Adult Career and Continuing Education 24 Services - Vocational Rehabilitation 25 (ACCES-VR) program to support the Long- 26 Term Sheltered Employment program operated 27 by FEDCAP Rehabilitation Services, Inc. 28 (37805) ...................... [3,744,000] 4,524,000 29 For other services and expenses provided to 30 people with developmental disabilities 31 including but not limited to hepatitis B, 32 care at home waiver, epilepsy services, 33 Special Olympics New York, Inc. and volun- 34 tary fingerprinting (37806) .... [960,000] 1,160,000 35 -------------- 36 § 9. Section 8 of chapter 113 of the laws of 2025, relating to making 37 appropriations for the support of government, as amended by chapter 122 38 of the laws of 2025, is amended to read as follows: 39 § 8. The amounts specified in this section, or so much thereof as 40 shall be sufficient to accomplish the purposes designated, is hereby 41 appropriated and authorized to be paid as hereinafter provided, to the 42 public officers and for the purposes specified, which amount shall be 43 available for the state fiscal year beginning April 1, 2025. 44 DEPARTMENT OF VETERANS' SERVICES 45 AID TO LOCALITIES 46 BLIND VETERAN ANNUITY ASSISTANCE PROGRAM ....................... 385,000 47 -------------- 48 General Fund 49 Local Assistance Account - 10000 
 A. 8068 31 1 For payment of annuities to blind veterans 2 and eligible surviving spouses. Up to 3 $15,000 of this appropriation may be 4 transferred to state operations for admin- 5 istrative costs associated with this 6 program (54606) ................................ 385,000 7 VETERANS' BENEFITS ADVISING PROGRAM ............. [336,000] 406,000 8 -------------- 9 Special Revenue Funds - Other 10 Homeless Veterans Assistance Fund 11 Homeless Veterans Assistance Account - 20204 12 For services and expenses related to home- 13 less veterans' housing (54815) .. [336,000] 406,000 14 § 10. No expenditure may be made from any appropriation in this act, 15 until a certificate of approval has been issued by the director of the 16 budget and a copy of such certificate shall have been filed with the 17 state comptroller, the chairman of the senate finance committee and the 18 chairman of the assembly ways and means committee provided, however, 19 that any expenditures from any appropriation in this act made by the 20 legislature or judiciary shall not require such certificate. 21 § 11. All expenditures and disbursements made against the appropri- 22 ations in this act shall, upon final action by the legislature on appro- 23 priation bills submitted by the governor pursuant to article VII of the 24 state constitution for the support of government for the state fiscal 25 year beginning April 1, 2025, be transferred by the comptroller as 26 expenditures and disbursements to such appropriations for all state 27 departments and agencies, as applicable, in amounts equal to the amounts 28 charged against the appropriations in this act for each such department, 29 agency, and the legislature and the judiciary. 30 § 12. Severability clause. If any clause, sentence, paragraph, subdi- 31 vision, section or part of this act shall be adjudged by any court of 32 competent jurisdiction to be invalid, such judgment shall not affect, 33 impair, or invalidate the remainder thereof, but shall be confined in 34 its operation to the clause, sentence, paragraph, subdivision, section 35 or part thereof directly involved in the controversy in which such judg- 36 ment shall have been rendered. It is hereby declared to be the intent of 37 the legislature that this act would have been enacted even if such 38 invalid provisions had not been included herein. 39 § 13. This act shall take effect immediately and shall be deemed to 40 have been in full force and effect on and after April 1, 2025; provided, 41 however, that upon the transfer of expenditures and disbursements by the 42 comptroller as provided in section eleven of this act, the appropri- 43 ations made by this act and subject to such section shall be deemed 44 repealed.