A 8095: Provides for emergency appropriation through May 1, 2025 for the support of government.

  
  STATE OF NEW YORK ________________________________________________________________________ 8095 2025-2026 Regular Sessions  IN ASSEMBLY April 29, 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 123 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. LBD12010-01-5 
 A. 8095 2 1 incurred prior to April 1, 2025, on the 2 payrolls scheduled to be paid during the 3 period April 1 through [April 29] May 1, 4 2025 to state officers and employees of 5 the executive branch, including the gover- 6 nor, 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 .............. 14 .......................... [1,336,630,000] 1,631,630,000 15 -------------- 16 § 3. Section 3 of chapter 113 of the laws of 2025, relating to making 17 appropriations for the support of government, as amended by chapter 123 18 of the laws of 2025, is amended to read as follows: 19 § 3. The amount specified in this section, or so much thereof as shall 20 be sufficient to accomplish the purpose designated, is hereby appropri- 21 ated and authorized to be paid as hereinafter provided, to the public 22 officers and for the purpose specified, which amount shall be available 23 for the state fiscal year beginning April 1, 2025. 24 ALL STATE DEPARTMENTS AND AGENCIES 25 For the payment of state operations non 26 personal service liabilities to the execu- 27 tive branch, including the comptroller, 28 and the attorney general, and legislature, 29 incurred in the ordinary course of busi- 30 ness, during the period April 1 through 31 [April 29] May 1, 2025, pursuant to exist- 32 ing state law and for purposes for which 33 the legislature authorized the expenditure 34 of moneys during the 2024-2025 state 35 fiscal year; provided, however, that noth- 36 ing contained herein shall be deemed to 37 limit or restrict the power or authority 38 of state departments or agencies to 39 conduct their activities or operations in 40 accordance with existing law, and further 41 provided that nothing contained herein 42 shall be deemed to supersede, nullify or 43 modify the provisions of section 40 of the 44 state finance law prescribing when appro- 45 priations made for the 2024-2025 state 46 fiscal year shall have ceased to have 47 force and effect ............................ 34,000,000 48 -------------- 49 § 4. Section 4 of chapter 113 of the laws of 2025, relating to making 50 appropriations for the support of government, as amended by chapter 123 51 of the laws of 2025, is amended to read as follows: 
 A. 8095 3 1 § 4. The amounts specified in this section, or so much thereof as 2 shall be sufficient to accomplish the purposes designated, is hereby 3 appropriated and authorized to be paid as hereinafter provided, to the 4 public officers and for the purposes specified, which amount shall be 5 available for the state fiscal year beginning April 1, 2025. 6 MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES 7 GENERAL STATE CHARGES 8 STATE OPERATIONS 9 GENERAL STATE CHARGES ....................... [575,295,000] 595,945,000 10 -------------- 11 General Fund 12 State Purposes Account - 10050 13 For employee fringe benefits according to 14 the following project schedule including 15 those benefits which are related to 16 employees paid from funds, accounts, or 17 programs where the division of the budget 18 has issued waivers .......... [567,475,000] 588,125,000 19 Project Schedule 20 PROJECT AMOUNT 21 -------------------------------------------- 22 For the state's contribution 23 to the health insurance fund 24 and deposit into the retiree 25 health benefit trust fund 26 pursuant to section 99-aa of 27 the state finance law. The 28 state's share of the health 29 insurance program dividends 30 shall be available to pay 31 for the premiums in 2025-26 .. 422,000,000 32 For the state's contribution 33 to the social security 34 contribution fund .......... 35 ................ [99,150,000] 119,450,000 36 For the state's contribution 37 to employee benefit fund 38 programs ...................... 37,500,000 39 For the state's contribution 40 to the dental insurance plan ... 6,000,000 41 For the state's share of 42 contributions to the volun- 43 tary defined contribution 44 plan made on behalf of 45 eligible employees pursuant 46 to chapter 18 of the laws of 47 2012 who elect to partic- 48 ipate in such plan and who 49 are not otherwise eligible 
 A. 8095 4 1 to participate in the SUNY 2 optional retirement program ..... 558,000 3 For the payment of the metro- 4 politan commuter transporta- 5 tion mobility tax pursuant 6 to article 23 of the tax 7 law, as added by chapter 25 8 of the laws of 2009, on 9 behalf of the state employ- 10 ees employed in the metro- 11 politan commuter transporta- 12 tion district ... [2,250,000] 2,600,000 13 For the state's contribution 14 to the vision care plan ........... 17,000 15 -------------- 16 Project schedule total ... 17 ........... [567,475,000] 588,125,000 18 -------------- 19 For payments in accordance with section 19-a 20 of the public lands law (80567) .............. 7,720,000 21 For payment of claims for damage to personal 22 or real property or for bodily injuries or 23 wrongful death caused by officers, employ- 24 ees, or other authorized persons providing 25 service to state government while provid- 26 ing such service, and the state university 27 construction fund while acting within the 28 scope of their employment, and while oper- 29 ating motor vehicles, and for any individ- 30 uals operating motor vehicles which are 31 assigned on a permanent basis with unre- 32 stricted use to state officers and employ- 33 ees when the person is permanently 34 assigned the motor vehicle (80559) ............. 100,000 35 -------------- 36 § 5. Section 5 of chapter 118 of the laws of 2025, relating to making 37 appropriations for the support of government, as amended by chapter 123 38 of the laws of 2025, is amended to read as follows: 39 § 5. 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 JUDICIARY 45 For the purpose of making payments for 46 personal service, including liabilities 47 incurred prior to April 1, 2025, on the 48 payrolls scheduled to be paid during the 49 period April 1 through [April 29] May 1, 50 2025 to officers and employees of the 51 judiciary .................................. 175,000,000 
 A. 8095 5 1 For the payment of state operations nonper- 2 sonal service liabilities, the sum of 3 twenty-five million dollars ($25,000,000), 4 or so much thereof as shall be sufficient 5 to accomplish the purpose designated, is 6 hereby appropriated to the judiciary out 7 of any moneys in the general fund or other 8 funds to the credit of the state purposes 9 account not otherwise appropriated. The 10 comptroller is hereby authorized and 11 directed to utilize this appropriation for 12 the purpose of making payments for nonper- 13 sonal service liabilities incurred by the 14 judiciary from April 1 through [April 29] 15 May 1, 2025 ................................. 25,000,000 16 For the payment of aid to localities liabil- 17 ities, the sum of thirty million dollars 18 ($30,000,000), or so much thereof as shall 19 be sufficient to accomplish the purpose 20 designated, is hereby appropriated to the 21 judiciary out of any moneys in the general 22 fund or other funds to the credit of the 23 state purposes account not otherwise 24 appropriated. The comptroller is hereby 25 authorized and directed to utilize this 26 appropriation for the purpose of making 27 payments for aid to localities liabilities 28 incurred by the judiciary from April 1 29 through [April 29] May 1, 2025 .............. 30,000,000 30 For the payment of employee fringe benefit 31 programs including, but not limited to, 32 the judiciary's contributions to the 33 health insurance fund, the employees' 34 retirement system pension accumulation 35 fund, the social security contribution 36 fund, employee benefit fund programs, the 37 dental insurance plan, the vision care 38 plan, the unemployment insurance fund, and 39 for workers' compensation benefits, the 40 sum of three hundred million dollars 41 ($300,000,000), or so much thereof as 42 shall be sufficient to accomplish the 43 purpose designated, is hereby appropriated 44 to the judiciary out of any moneys in the 45 general fund or other funds to the credit 46 of the state purposes account not other- 47 wise appropriated. The comptroller is 48 hereby authorized and directed to utilize 49 this appropriation for the purpose of 50 making payments for employee fringe bene- 51 fit liabilities incurred by the judiciary 52 from April 1 through [April 29] May 1, 53 2025 ....................................... 300,000,000 54 -------------- 
 A. 8095 6 1 § 6. Section 5 of chapter 113 of the laws of 2025, relating to making 2 appropriations for the support of government, as amended by chapter 123 3 of the laws of 2025, is amended to read as follows: 4 § 5. The amounts specified in this section, or so much thereof as 5 shall be sufficient to accomplish the purposes designated, is hereby 6 appropriated and authorized to be paid as hereinafter provided, to the 7 public officers and for the purposes specified, which amount shall be 8 available for the state fiscal year beginning April 1, 2025. 9 DEPARTMENT OF HEALTH 10 AID TO LOCALITIES 11 CENTER FOR COMMUNITY HEALTH PROGRAM ......... [38,030,000] 40,170,000 12 -------------- 13 General Fund 14 Local Assistance Account - 10000 15 For services and expenses related to the 16 Indian health program. The money hereby 17 appropriated shall be for payment of 18 financial assistance heretofore accrued or 19 hereafter to accrue (26840) .................. 7,000,000 20 -------------- 21 Special Revenue Funds - Federal 22 Federal USDA-Food and Nutrition Services Fund 23 Federal Food and Nutrition Services Account - 25022 24 For various federal food and nutritional 25 services. The moneys hereby appropriated 26 shall be available for payment of finan- 27 cial assistance heretofore accrued (26986) 28 ............................. [31,030,000] 33,170,000 29 -------------- 30 CHILD HEALTH INSURANCE PROGRAM ............................. 109,366,000 31 -------------- 32 Special Revenue Funds - Other 33 HCRA Resources Fund 34 Children's Health Insurance Account - 20810 35 The money hereby appropriated is available 36 for payment of aid heretofore accrued or 37 hereafter accrued. 38 Notwithstanding any other provision of law, 39 the money hereby appropriated may be 40 increased or decreased by transfer or 41 suballocation to appropriations of the 42 office of temporary and disability assist- 43 ance, for the reimbursement of local 44 district administrative costs related to 45 children newly enrolled in medicaid whose 46 household income is between 100 percent 
 A. 8095 7 1 and 133 percent of the federal poverty 2 level. 3 Notwithstanding any provision of law to the 4 contrary, the amounts appropriated herein 5 shall be net of refunds, rebates, 6 reimbursements, credits, repayments, 7 and/or disallowances. 8 For services and expenses related to the 9 children's health insurance program 10 authorized pursuant to title 1-A of arti- 11 cle 25 of the public health law (26931) .... 109,366,000 12 -------------- 13 ELDERLY PHARMACEUTICAL INSURANCE COVERAGE PROGRAM ............ 1,520,000 14 -------------- 15 Special Revenue Funds - Other 16 HCRA Resources Fund 17 EPIC Premium Account - 20818 18 For services and expenses of the program for 19 elderly pharmaceutical insurance coverage, 20 including reimbursement to pharmacies 21 participating in such program. 22 The moneys hereby appropriated shall be 23 available for payment of financial assist- 24 ance heretofore accrued (26803) .............. 1,520,000 25 MEDICAL ASSISTANCE PROGRAM ............................... 7,541,232,000 26 -------------- 27 General Fund 28 Local Assistance Account - 10000 29 For the medical assistance program, includ- 30 ing administrative expenses, for local 31 social services districts, and for medical 32 care rates for authorized child care agen- 33 cies. 34 Notwithstanding section 40 of the state 35 finance law or any provision of law to the 36 contrary, subject to federal approval, 37 department of health state funds medicaid 38 spending, excluding payments for medical 39 services provided at state facilities 40 operated by the office of mental health, 41 the office for people with developmental 42 disabilities and the office of addiction 43 services and supports and further exclud- 44 ing any payments which are not appropri- 45 ated within the department of health, in 46 the aggregate, for the period April 1, 47 2025 through March 31, 2026, shall not 48 exceed $33,417,285,000 except as provided 49 below provided, however, such aggregate 
 A. 8095 8 1 limits may be adjusted by the director of 2 the budget to account for any changes in 3 the New York state federal medical assist- 4 ance percentage amount established pursu- 5 ant to the federal social security act, 6 increases in provider revenues, reductions 7 in local social services district payments 8 for medical assistance administration, 9 minimum wage increases, and beginning 10 April 1, 2012 the operational costs of the 11 New York state medical indemnity fund, 12 pursuant to chapter 59 of the laws of 13 2011, and state costs or savings from the 14 essential plan program. Such projections 15 may be adjusted by the director of the 16 budget to account for increased or expe- 17 dited department of health state funds 18 medicaid expenditures as a result of a 19 natural or other type of disaster, includ- 20 ing a governmental declaration of emergen- 21 cy. 22 The director of the budget, in consultation 23 with the commissioner of health, shall 24 assess on a quarterly basis known and 25 projected medicaid expenditures by catego- 26 ry of service and by geographic region, as 27 defined by the commissioner, incurred both 28 prior to and subsequent to such assessment 29 for each such period, and if the director 30 of the budget determines that such expend- 31 itures are expected to cause medicaid 32 spending for such period to exceed the 33 aggregate limit specified herein for such 34 period, the state medicaid director, in 35 consultation with the director of the 36 budget and the commissioner of health, 37 shall develop a medicaid savings allo- 38 cation adjustment to limit such spending 39 to the aggregate limit specified herein 40 for such period. 41 Such medicaid savings allocation adjustment 42 shall be designed, to reduce the expendi- 43 tures authorized by the appropriations 44 herein in compliance with the following 45 guidelines: (1) reductions shall be made 46 in compliance with applicable federal law, 47 including the provisions of the Patient 48 Protection and Affordable Care Act, Public 49 Law No. 111-148, and the Health Care and 50 Education Reconciliation Act of 2010, 51 Public Law No. 111-152 (collectively 52 "Affordable Care Act") and any subsequent 53 amendments thereto or regulations promul- 54 gated thereunder; (2) reductions shall be 55 made in a manner that complies with the 56 state medicaid plan approved by the feder- 
 A. 8095 9 1 al centers for medicare and medicaid 2 services, provided, however, that the 3 commissioner of health is authorized to 4 submit any state plan amendment or seek 5 other federal approval, including waiver 6 authority, to implement the provisions of 7 the medicaid savings allocation adjustment 8 that meets the other criteria set forth 9 herein; (3) reductions shall be made in a 10 manner that maximizes federal financial 11 participation, to the extent practicable, 12 including any federal financial partic- 13 ipation that is available or is reasonably 14 expected to become available, in the 15 discretion of the commissioner, under the 16 Affordable Care Act; (4) reductions shall 17 be made uniformly among categories of 18 services and geographic regions of the 19 state, to the extent practicable, and 20 shall be made uniformly within a category 21 of service, to the extent practicable, 22 except where the commissioner determines 23 that there are sufficient grounds for 24 non-uniformity, including but not limited 25 to: the extent to which specific catego- 26 ries of services contributed to department 27 of health medicaid state funds spending in 28 excess of the limits specified herein; the 29 need to maintain safety net services in 30 underserved communities; or the potential 31 benefits of pursuing innovative payment 32 models contemplated by the Affordable Care 33 Act, in which case such grounds shall be 34 set forth in the medicaid savings allo- 35 cation adjustment; and (5) reductions 36 shall be made in a manner that does not 37 unnecessarily create administrative 38 burdens to medicaid applicants and recipi- 39 ents or providers. 40 The commissioner shall seek the input of the 41 legislature, as well as organizations 42 representing health care providers, 43 consumers, businesses, workers, health 44 insurers, and others with relevant exper- 45 tise, in developing such medicaid savings 46 allocation adjustment, to the extent that 47 all or part of such adjustment, in the 48 discretion of the commissioner, is likely 49 to have a material impact on the overall 50 medicaid program, particular categories of 51 service or particular geographic regions 52 of the state. 53 (a) The commissioner shall post the medicaid 54 savings allocation adjustment on the 55 department of health's website and shall 56 provide written copies of such adjustment 
 A. 8095 10 1 to the chairs of the senate finance and 2 the assembly ways and means committees at 3 least 30 days before the date on which 4 implementation is expected to begin. 5 (b) The commissioner may revise the medicaid 6 savings allocation adjustment subsequent 7 to the provisions of notice and prior to 8 implementation but needs to provide a new 9 notice pursuant to subparagraph (i) of 10 this paragraph only if the commissioner 11 determines, in his or her discretion, that 12 such revisions materially alter the 13 adjustment. 14 Notwithstanding the provisions of paragraphs 15 (a) and (b) of this subdivision, the 16 commissioner need not seek the input 17 described in paragraph (a) of this subdi- 18 vision or provide notice pursuant to para- 19 graph (b) of this subdivision if, in the 20 discretion of the commissioner, expedited 21 development and implementation of a medi- 22 caid savings allocation adjustment is 23 necessary due to a public health emergen- 24 cy. 25 For purposes of this section, a public 26 health emergency is defined as: (i) a 27 disaster, natural or otherwise, that 28 significantly increases the immediate need 29 for health care personnel in an area of 30 the state; (ii) an event or condition that 31 creates a widespread risk of exposure to a 32 serious communicable disease, or the 33 potential for such widespread risk of 34 exposure; or (iii) any other event or 35 condition determined by the commissioner 36 to constitute an imminent threat to public 37 health. 38 Nothing in this paragraph shall be deemed to 39 prevent all or part of such medicaid 40 savings allocation adjustment from taking 41 effect retroactively to the extent permit- 42 ted by the federal centers for medicare 43 and medicaid services. 44 In accordance with the medicaid savings 45 allocation adjustment, the commissioner of 46 the department of health shall reduce 47 department of health state funds medicaid 48 spending by the amount of the projected 49 overspending through, actions including, 50 but not limited to modifying or suspending 51 reimbursement methods, including but not 52 limited to all fees, premium levels and 53 rates of payment, notwithstanding any 54 provision of law that sets a specific 55 amount or methodology for any such 56 payments or rates of payment; modifying or 
 A. 8095 11 1 discontinuing medicaid program benefits; 2 seeking all necessary federal approvals, 3 including, but not limited to waivers, 4 waiver amendments; and suspending time 5 frames for notice, approval or certif- 6 ication of rate requirements, notwith- 7 standing any provision of law, rule or 8 regulation to the contrary, including but 9 not limited to sections 2807 and 3614 of 10 the public health law, section 18 of chap- 11 ter 2 of the laws of 1988, and 18 NYCRR 12 505.14(h). 13 The department of health shall prepare a 14 quarterly report that sets forth: (a) 15 known and projected department of health 16 medicaid expenditures as described in 17 subdivision (1) of this section, and 18 factors that could result in medicaid 19 disbursements for the relevant state 20 fiscal year to exceed the projected 21 department of health state funds disburse- 22 ments in the enacted budget financial plan 23 pursuant to subdivision 3 of section 23 of 24 the state finance law, including spending 25 increases or decreases due to: enrollment 26 fluctuations, rate changes, utilization 27 changes, MRT investments, and shift of 28 beneficiaries to managed care; and vari- 29 ations in offline medicaid payments; and 30 (b) the actions taken to implement any 31 medicaid savings allocation adjustment 32 implemented pursuant to subdivision (4) of 33 this section, including information 34 concerning the impact of such actions on 35 each category of service and each 36 geographic region of the state. Each such 37 quarterly report shall be provided to the 38 chairs of the senate finance and the 39 assembly ways and means committees and 40 shall be posted on the department of 41 health's website in a timely manner. 42 The money hereby appropriated is to be 43 available for payment of aid heretofore 44 accrued or hereafter accrued to munici- 45 palities, and to providers of medical 46 services pursuant to section 367-b of the 47 social services law, and for payment of 48 state aid to municipalities and to provid- 49 ers of family care where payment systems 50 through the fiscal intermediaries are not 51 operational. 52 Notwithstanding any inconsistent provision 53 of law to the contrary, funds may be used 54 by the department for outside legal 55 assistance on issues involving the federal 56 government, the conduct of preadmission 
 A. 8095 12 1 screening and annual resident reviews 2 required by the state's medicaid program, 3 computer matching with insurance carriers 4 to insure that medicaid is the payer of 5 last resort and activities related to the 6 management of the pharmacy benefit avail- 7 able under the medicaid program. 8 Notwithstanding any inconsistent provision 9 of law, in lieu of payments authorized by 10 the social services law, or payments of 11 federal funds otherwise due to the local 12 social services districts for programs 13 provided under the federal social security 14 act or the federal food stamp act, funds 15 herein appropriated, in amounts certified 16 by the state commissioner of temporary and 17 disability assistance or the state commis- 18 sioner of health as due from local social 19 services districts each month as their 20 share of payments made pursuant to section 21 367-b of the social services law may be 22 set aside by the state comptroller in an 23 interest-bearing account in order to 24 ensure the orderly and prompt payment of 25 providers under section 367-b of the 26 social services law pursuant to an esti- 27 mate provided by the commissioner of 28 health of each local social services 29 district's share of payments made pursuant 30 to section 367-b of the social services 31 law. 32 Notwithstanding any inconsistent provision 33 of law, funding made available by these 34 appropriations shall support direct salary 35 costs and related fringe benefits within 36 the medical assistance program associated 37 with any minimum wage increase that takes 38 effect during the timeframe of these 39 appropriations, pursuant to section 652 of 40 the labor law. Each eligible organization 41 in receipt of funding made available by 42 these appropriations may be required to 43 submit written certification, in such form 44 and at such time the commissioner may 45 prescribe, attesting to the total amount 46 of funds used by the eligible organiza- 47 tion, how such funding will be or was used 48 for purposes eligible under these appro- 49 priations and any other reporting deemed 50 necessary by the commissioner. The amounts 51 appropriated herein may include advances 52 to organizations authorized to receive 53 such funds to accomplish this purpose. 54 Notwithstanding any other provision of law, 55 the money hereby appropriated may be 56 increased or decreased by interchange or 
 A. 8095 13 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 depart- 7 ment of health state purpose account, the 8 office of mental health, office for people 9 with developmental disabilities, the 10 office of addiction services and supports, 11 the department of family assistance office 12 of temporary and disability assistance, 13 the department of corrections and communi- 14 ty supervision, the office of information 15 technology services, the state university 16 of New York, and office of children and 17 family services, the office of medicaid 18 inspector general, the state education 19 department, and the state office for the 20 aging with the approval of the director of 21 the budget, who shall file such approval 22 with the department of audit and control 23 and copies thereof with the chairman of 24 the senate finance committee and the 25 chairman of the assembly ways and means 26 committee. 27 Notwithstanding any inconsistent provision 28 of law to the contrary, the moneys hereby 29 appropriated may be used for payments to 30 the centers for medicaid and medicare 31 services for obligations incurred related 32 to the pharmaceutical costs of dually 33 eligible medicare/medicaid beneficiaries 34 participating in the medicare drug benefit 35 authorized by P.L. 108-173. 36 Notwithstanding any inconsistent provision 37 of law, the moneys hereby appropriated 38 shall not be used for any existing rates, 39 fees, fee schedule, or procedures which 40 may affect the cost of care and services 41 provided by personal care providers, case 42 managers, health maintenance organiza- 43 tions, out of state medical facilities 44 which provide care and services to resi- 45 dents of the state, providers of transpor- 46 tation services, that are altered, 47 amended, adjusted or otherwise changed by 48 a local social services district unless 49 previously approved by the department of 50 health and the director of the budget. 51 Notwithstanding any inconsistent provision 52 of law to the contrary, funds shall be 53 made available to the commissioner of the 54 office of mental health or the commission- 55 er of the office of addiction services and 56 supports, in consultation with the commis- 
 A. 8095 14 1 sioner of health and approved by the 2 director of the budget, and consistent 3 with appropriations made therefor, to 4 implement allocation adjustment developed 5 by each such commissioner which shall 6 describe mental health or substance use 7 disorder services that should be developed 8 to meet service needs resulting from the 9 reduction of inpatient behavioral health 10 services provided under the medicaid 11 program, by programs licensed pursuant to 12 article 31 or 32 of the mental hygiene 13 law. Such programs may include programs 14 that are licensed pursuant to both article 15 31 of the mental hygiene law and article 16 28 of the public health law, or certified 17 under both article 32 of the mental 18 hygiene law and article 28 of the public 19 health law. 20 Notwithstanding any inconsistent provision 21 of law, the moneys hereby appropriated may 22 be available for payments associated with 23 the resolution by settlement agreement or 24 judgment of rate appeals and/or litigation 25 where the department of health is a party. 26 For services and expenses of the medical 27 assistance program including hospital 28 inpatient services and general hospitals 29 that are safety-net providers that evince 30 severe financial distress, pursuant to 31 criteria determined by the commissioner, 32 shall be eligible for awards for amounts 33 appropriated herein, to enable such 34 providers to maintain operations and vital 35 services while establishing long term 36 solutions to achieve sustainable health 37 services. 38 Notwithstanding any inconsistent provisions 39 of law, no expenditures shall be used for 40 the medical assistance program for any 41 expenses not explicitly authorized in law 42 without the approval of the director of 43 the budget. 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 (26947) ....................... 101,000,000 53 For services and expenses of the medical 54 assistance program including hospital 55 outpatient and emergency room services. 
 A. 8095 15 1 Notwithstanding any provision of law to the 2 contrary, the portion of this appropri- 3 ation covering fiscal year 2025-26 shall 4 supersede and replace any duplicative (i) 5 reappropriation for this item covering 6 fiscal year 2025-26, and (ii) appropri- 7 ation for this item covering fiscal year 8 2025-26 set forth in chapter 53 of the 9 laws of 2024 (26948) ........................ 26,080,000 10 For services and expenses of the medical 11 assistance program including clinic 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 (26949) ........................ 47,565,000 22 For services and expenses of the medical 23 assistance program including nursing home 24 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 (26950) ....................... 127,340,000 34 For services and expenses of the medical 35 assistance program including other long 36 term care 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 (26951) ....................... 703,890,000 46 For services and expenses of the medical 47 assistance program including managed care 48 services including regional planning 49 activities of the finger lakes health 50 systems agency, including statewide coor- 51 dination and demonstration of best prac- 52 tices. The department shall make grants 53 within amounts appropriated therefor, to 54 assure high-quality and accessible primary 55 care, to provide technical assistance to 56 support financial and business planning 
 A. 8095 16 1 for integrated systems of care, and to 2 assist primary care providers in the 3 adoption, implementation, and meaningful 4 use of electronic health record technolo- 5 gy. 6 Notwithstanding any provision of law to the 7 contrary, the portion of this appropri- 8 ation covering fiscal year 2025-26 shall 9 supersede and replace any duplicative (i) 10 reappropriation for this item covering 11 fiscal year 2025-26, and (ii) appropri- 12 ation for this item covering fiscal year 13 2025-26 set forth in chapter 53 of the 14 laws of 2024 (26952) ....................... 434,308,000 15 For services and expenses for health homes 16 including grants to health homes. 17 Notwithstanding any provision of law to the 18 contrary, the portion of this appropri- 19 ation covering fiscal year 2025-26 shall 20 supersede and replace any duplicative (i) 21 reappropriation for this item covering 22 fiscal year 2025-26, and (ii) appropri- 23 ation for this item covering fiscal year 24 2025-26 set forth in chapter 53 of the 25 laws of 2024 (29548) ........................ 15,080,000 26 For services and expenses of the medical 27 assistance program including pharmacy 28 services provided, however, that no funds 29 shall be made available pursuant to this 30 appropriation for any drug not explicitly 31 authorized in any enacted law, rule, or 32 regulation without approval from the 33 director of the budget. 34 Notwithstanding any provision of law to the 35 contrary, the portion of this appropri- 36 ation covering fiscal year 2025-26 shall 37 supersede and replace any duplicative (i) 38 reappropriation for this item covering 39 fiscal year 2025-26, and (ii) appropri- 40 ation for this item covering fiscal year 41 2025-26 set forth in chapter 53 of the 42 laws of 2024 (26953) ....................... 242,380,000 43 For services and expenses of the medical 44 assistance program including transporta- 45 tion services. 46 Notwithstanding any provision of law to the 47 contrary, the portion of this appropri- 48 ation covering fiscal year 2025-26 shall 49 supersede and replace any duplicative (i) 50 reappropriation for this item covering 51 fiscal year 2025-26, and (ii) appropri- 52 ation for this item covering fiscal year 53 2025-26 set forth in chapter 53 of the 54 laws of 2024 (26954) ........................ 35,860,000 
 A. 8095 17 1 For services and expenses of the medical 2 assistance program including dental 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 (26955) ........................... 410,000 13 For services and expenses of the medical 14 assistance program including non-institu- 15 tional and other spending. 16 The money hereby appropriated is available 17 for payment of liabilities heretofore 18 accrued or hereafter accrued. 19 Notwithstanding any inconsistent provision 20 of law, the money hereby appropriated may 21 be available for payments to any county or 22 public school districts associated with 23 additional claims for school supportive 24 health 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 (26956) ........................ 99,010,000 34 For services and expenses of the medical 35 assistance program including medical 36 services provided at state facilities 37 operated by the office of mental health, 38 the office for people with developmental 39 disabilities and the office of addiction 40 services and supports. 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 (26961) ....................... 417,000,000 50 -------------- 51 Special Revenue Funds - Federal 52 Federal Health and Human Services Fund 53 Medicaid Direct Account - 25106 
 A. 8095 18 1 For services and expenses for the medical 2 assistance program, including administra- 3 tive expenses for local social services 4 districts, pursuant to title XIX of the 5 federal social security act or its succes- 6 sor program. 7 The moneys hereby appropriated are to be 8 available for payment of aid heretofore 9 accrued or hereafter accrued to munici- 10 palities, and to providers of medical 11 services pursuant to section 367-b of the 12 social services law, and for payment of 13 state aid to municipalities and to provid- 14 ers of family care where payment systems 15 through the fiscal intermediaries are not 16 operational. 17 Notwithstanding any inconsistent provision 18 of law, funding made available by these 19 appropriations shall support direct salary 20 costs and related fringe benefits within 21 the medical assistance program associated 22 with any minimum wage increase that takes 23 effect during the timeframe of these 24 appropriations, pursuant to section 652 of 25 the labor law. Each eligible organization 26 in receipt of funding made available by 27 these appropriations may be required to 28 submit written certification, in such form 29 and at such time the commissioner may 30 prescribe, attesting to the total amount 31 of funds used by the eligible organiza- 32 tion, how such funding will be or was used 33 for purposes eligible under these appro- 34 priations and any other reporting deemed 35 necessary by the commissioner. The amounts 36 appropriated herein may include advances 37 to organizations authorized to receive 38 such funds to accomplish this purpose. 39 Notwithstanding any other provision of law, 40 the money hereby appropriated may be 41 increased or decreased by interchange or 42 transfer, with any appropriation of the 43 department of health and the office of 44 medicaid inspector general and may be 45 increased or decreased by transfer or 46 suballocation between these appropriated 47 amounts and appropriations of the office 48 of mental health, office for people with 49 developmental disabilities, the office of 50 addiction services and supports, the 51 department of family assistance office of 52 temporary and disability assistance, 53 office of children and family services, 54 the department of financial services, 55 department of corrections and community 56 supervision, the office of information 
 A. 8095 19 1 technology services, the state university 2 of New York, the state education depart- 3 ment, and the state office for the aging 4 with the approval of the director of the 5 budget, who shall file such approval with 6 the department of audit and control and 7 copies thereof with the chairman of the 8 senate finance committee and the chairman 9 of the assembly ways and means committee. 10 Notwithstanding any inconsistent provision 11 of law, in lieu of payments authorized by 12 the social services law, or payments of 13 federal funds otherwise due to the local 14 social services districts for programs 15 provided under the federal social security 16 act or the federal food stamp act, funds 17 herein appropriated, in amounts certified 18 by the state commissioner of temporary and 19 disability assistance or the state commis- 20 sioner of health as due from local social 21 services districts each month as their 22 share of payments made pursuant to section 23 367-b of the social services law may be 24 set aside by the state comptroller in an 25 interest-bearing account in order to 26 ensure the orderly and prompt payment of 27 providers under section 367-b of the 28 social services law pursuant to an esti- 29 mate provided by the commissioner of 30 health of each local social services 31 district's share of payments made pursuant 32 to section 367-b of the social services 33 law. 34 Notwithstanding any inconsistent provision 35 of law to the contrary, funds shall be 36 made available to the commissioner of the 37 office of mental health or the commission- 38 er of the office of addiction services and 39 supports, in consultation with the commis- 40 sioner of health and approved by the 41 director of the budget, and consistent 42 with appropriations made therefor, to 43 implement allocation adjustment developed 44 by each such commissioner which shall 45 describe mental health or substance use 46 disorder services that should be developed 47 to meet service needs resulting from the 48 reduction of inpatient behavioral health 49 services provided under the medicaid 50 program, by programs licensed pursuant to 51 article 31 or 32 of the mental hygiene 52 law. Such programs may include programs 53 that are licensed pursuant to both article 54 31 of the mental hygiene law and article 55 28 of the public health law, or certified 56 under both article 32 of the mental 
 A. 8095 20 1 hygiene law and article 28 of the public 2 health law. 3 Notwithstanding any inconsistent provision 4 of law, the moneys hereby appropriated may 5 be available for payments associated with 6 the resolution by settlement agreement or 7 judgment of rate appeals and/or litigation 8 where the department of health is a party. 9 Notwithstanding any inconsistent 10 provisions of law, no expenditures shall 11 be used for the medical assistance program 12 for any expenses not explicitly authorized 13 in law without the approval of the direc- 14 tor of the budget. 15 For services and expenses of the medical 16 assistance program including hospital 17 inpatient services. 18 Notwithstanding any provision of law to the 19 contrary, the portion of this appropri- 20 ation covering fiscal year 2025-26 shall 21 supersede and replace any duplicative (i) 22 reappropriation for this item covering 23 fiscal year 2025-26, and (ii) appropri- 24 ation for this item covering fiscal year 25 2025-26 set forth in chapter 53 of the 26 laws of 2024 (26947) ....................... 289,070,000 27 For services and expenses of the medical 28 assistance program including hospital 29 outpatient and emergency room services. 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 (26948) ........................ 51,860,000 39 For services and expenses of the medical 40 assistance program including clinic 41 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 (26949) ........................ 84,835,000 51 For services and expenses of the medical 52 assistance program including nursing home 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. 8095 21 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 (26950) ....................... 396,795,000 7 For services and expenses of the medical 8 assistance program including other long 9 term care services. 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 (26951) ..................... 1,323,939,000 19 For services and expenses of the medical 20 assistance program including managed care 21 services including regional planning 22 activities of the finger lakes health 23 systems agency, including statewide coor- 24 dination and demonstration of best prac- 25 tices. The department shall make grants 26 within amounts appropriated therefor, to 27 assure high-quality and accessible primary 28 care, to provide technical assistance to 29 support financial and business planning 30 for integrated systems of care, and to 31 assist primary care providers in the 32 adoption, implementation, and meaningful 33 use of electronic health record technolo- 34 gy. 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 (26952) ..................... 1,508,290,000 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 heretofore enacted law, 50 rule, or regulation without approval from 51 the 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. 8095 22 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) ....................... 463,080,000 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) ........................ 61,175,000 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) ......................... 7,110,000 29 For services and expenses of the medical 30 assistance program including noninstitu- 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 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 (26956) ....................... 688,155,000 44 For services and expenses of the medical 45 assistance program including medical 46 services provided at state facilities 47 operated by the office of mental health, 48 the office for people with developmental 49 disabilities and the office of addiction 50 services and supports. 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. 8095 23 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 (26961) ....................... 417,000,000 5 -------------- 6 § 7. Section 6 of chapter 113 of the laws of 2025, relating to making 7 appropriations for the support of government, as amended by chapter 123 8 of the laws of 2025, is amended to read as follows: 9 § 6. The amounts specified in this section, or so much thereof as 10 shall be sufficient to accomplish the purposes designated, is hereby 11 appropriated and authorized to be paid as hereinafter provided, to the 12 public officers and for the purposes specified, which amount shall be 13 available for the state fiscal year beginning April 1, 2025. 14 DEPARTMENT OF LABOR 15 AID TO LOCALITIES 16 UNEMPLOYMENT INSURANCE BENEFIT PROGRAM ..... [855,000,000] 945,000,000 17 -------------- 18 Enterprise Funds 19 Unemployment Insurance Benefit Fund 20 Unemployment Insurance Benefit Account - 50650 21 For payment of unemployment insurance bene- 22 fits pursuant to article 18 of the labor 23 law or as authorized by the federal 24 government through the disaster unemploy- 25 ment assistance program, the emergency 26 unemployment compensation program, the 27 extended benefit program, the federal 28 additional compensation program or any 29 other federally funded unemployment bene- 30 fit program (34787) ........ [855,000,000] 945,000,000 31 § 8. Section 11 of chapter 119 of the laws of 2025, relating to making 32 appropriations for the support of government, as amended by chapter 123 33 of the laws of 2025, is amended to read as follows: 34 § 11. The amounts specified in this section, or so much thereof as 35 shall be sufficient to accomplish the purposes designated, is hereby 36 appropriated and authorized to be paid as hereinafter provided, to the 37 public officers and for the purposes specified, which amount shall be 38 available for the state fiscal year beginning April 1, 2025. 39 DEPARTMENT OF MENTAL HYGIENE 40 OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES 41 AID TO LOCALITIES 42 COMMUNITY SERVICES PROGRAM ................. [418,159,000] 421,525,000 43 -------------- 44 General Fund 45 Local Assistance Account - 10000 
 A. 8095 24 1 For services and expenses of the community 2 services program, net of disallowances, 3 for community programs for people with 4 developmental disabilities pursuant to 5 article 41 of the mental hygiene law, 6 and/or chapter 620 of the laws of 1974, 7 chapter 660 of the laws of 1977, chapter 8 412 of the laws of 1981, chapter 27 of the 9 laws of 1987, chapter 729 of the laws of 10 1989, chapter 329 of the laws of 1993 and 11 other provisions of the mental hygiene 12 law. Notwithstanding any inconsistent 13 provision of law, the following appropri- 14 ation shall be net of prior and/or current 15 year refunds, rebates, reimbursements, and 16 credits. 17 Notwithstanding any other provision of law, 18 advances and reimbursement made pursuant 19 to subdivision (d) of section 41.15 and 20 section 41.18 of the mental hygiene law 21 shall be allocated pursuant to a plan and 22 in a manner prescribed by the agency head 23 and approved by the director of the budg- 24 et. The moneys hereby appropriated are 25 available to reimburse or advance locali- 26 ties and voluntary non-profit agencies for 27 expenditures made during local fiscal 28 periods commencing January 1, 2025, April 29 1, 2025 or July 1, 2025, and for advances 30 for the 3 month period beginning January 31 1, 2026. 32 Notwithstanding the provisions of article 41 33 of the mental hygiene law or any other 34 inconsistent provision of law, rule or 35 regulation, the commissioner, pursuant to 36 such contract and in the manner provided 37 therein, may pay all or a portion of the 38 expenses incurred by such voluntary agen- 39 cies arising out of loans which are funded 40 from the proceeds of bonds and notes 41 issued by the dormitory authority of the 42 state of New York. 43 Notwithstanding any other provision of law, 44 the money hereby appropriated may be 45 transferred to state operations and/or any 46 appropriation of the office for people 47 with developmental disabilities with the 48 approval of the director of the budget. 49 Notwithstanding any inconsistent provision 50 of law, moneys from this appropriation may 51 be used for state aid of up to 100 percent 52 of the net deficit costs of day training 53 programs and family support services. 54 Notwithstanding the provisions of section 55 16.23 of the mental hygiene law and any 56 other inconsistent provision of law, with 
 A. 8095 25 1 relation to the operation of certified 2 family care homes, including family care 3 homes sponsored by voluntary not-for-pro- 4 fit agencies, moneys from this appropri- 5 ation may be used for payments to purchase 6 general services including but not limited 7 to respite providers, up to a maximum of 8 14 days, at rates to be established by the 9 commissioner and approved by the director 10 of the budget in consideration of factors 11 including, but not limited to, geographic 12 area and number of clients cared for in 13 the home and for payment in an amount 14 determined by the commissioner for the 15 personal needs of each client residing in 16 the family care home. 17 Notwithstanding the provisions of subdivi- 18 sion 12 of section 8 of the state finance 19 law and any other inconsistent provision 20 of law, moneys from this appropriation may 21 be used for expenses of family care homes 22 including payments to operators of certi- 23 fied family care homes for damages caused 24 by clients to personal and real property 25 in accordance with standards established 26 by the commissioner and approved by the 27 director of the budget. 28 Notwithstanding any inconsistent provision 29 of law, moneys from this appropriation may 30 be used for appropriate day program 31 services and residential services includ- 32 ing, but not limited to, direct housing 33 subsidies to individuals, start-up 34 expenses for family care providers, envi- 35 ronmental modifications, adaptive technol- 36 ogies, appraisals, property options, 37 feasibility studies and preoperational 38 expenses. 39 Notwithstanding any inconsistent provision 40 of law except pursuant to a chapter of the 41 laws of 2024 authorizing a 2.84 percent 42 cost of living adjustment, for the period 43 commencing on April 1, 2024 and ending 44 March 31, 2025 the commissioner shall not 45 apply any other cost of living adjustment 46 for the purpose of establishing rates of 47 payments, contracts or any other form of 48 reimbursement; provided that this shall 49 not prevent the commissioner from applying 50 prior adjustments for the purpose of 51 establishing rates resulting from a rebas- 52 ing of base year costs. 53 Notwithstanding section 6908 of the educa- 54 tion law and any other provision of law, 55 rule or regulation to the contrary, direct 56 support staff in programs certified or 
 A. 8095 26 1 approved by the office for people with 2 developmental disabilities, including the 3 home and community based services waiver 4 programs that the office for people with 5 developmental disabilities is authorized 6 to administer with federal approval pursu- 7 ant to subdivision (c) of section 1915 of 8 the federal social security act, are 9 authorized to provide such tasks as OPWDD 10 may specify when performed under the 11 supervision, training and periodic 12 inspection of a registered professional 13 nurse and in accordance with an authorized 14 practitioner's ordered care. 15 Notwithstanding any other provision of law 16 to the contrary, and consistent with 17 section 33.07 of the mental hygiene law, 18 the directors of facilities licensed but 19 not operated by the office for people with 20 developmental disabilities who act as 21 federally-appointed representative payees 22 and who assume management responsibility 23 over the funds of a resident may continue 24 to use such funds for the cost of the 25 resident's care and treatment, consistent 26 with federal law and regulations. 27 Funds appropriated herein shall be available 28 in accordance with the following: 29 Notwithstanding any inconsistent provision 30 of law, the director of the budget is 31 authorized to make suballocations from 32 this appropriation to the department of 33 health medical assistance program. 34 Notwithstanding any inconsistent provision 35 of law, and pursuant to criteria estab- 36 lished by the commissioner of the office 37 for people with developmental disabilities 38 and approved by the director of the budg- 39 et, expenditures may be made from this 40 appropriation for residential facilities 41 which are pending recertification as 42 intermediate care facilities for people 43 with developmental disabilities. 44 Notwithstanding the provisions of section 45 41.36 of the mental hygiene law and any 46 other inconsistent provision of law, 47 moneys from this appropriation may be used 48 for payment up to $250 per year per 49 client, at such times and in such manner 50 as determined by the commissioner on the 51 basis of financial need for the personal 52 needs of each client residing in voluntar- 53 y-operated community residences and volun- 54 tary-operated community residential alter- 55 natives, including individualized 56 residential alternatives under the home 
 A. 8095 27 1 and community based services waiver. The 2 commissioner shall, subject to the 3 approval of the director of the budget, 4 alter existing advance payment schedules 5 for voluntary-operated community resi- 6 dences established pursuant to section 7 41.36 of the mental hygiene law. 8 Notwithstanding any inconsistent provision 9 of law, moneys from this appropriation may 10 be used for the operation of clinics 11 licensed pursuant to article 16 of the 12 mental hygiene law including, but not 13 limited to, supportive and habilitative 14 services consistent with the home and 15 community based services waiver. 16 For the state share of medical assistance 17 services expenses incurred by the depart- 18 ment of health for the provision of 19 medical assistance services to people with 20 developmental disabilities (37835) ......... 369,352,000 21 For services and expenses of the community 22 services program, net of disallowances, 23 for community programs for people with 24 developmental disabilities pursuant to 25 article 41 of the mental hygiene law, 26 and/or chapter 620 of the laws of 1974, 27 chapter 660 of the laws of 1977, chapter 28 412 of the laws of 1981, chapter 27 of the 29 laws of 1987, chapter 729 of the laws of 30 1989, chapter 329 of the laws of 1993 and 31 other provisions of the mental hygiene 32 law. Notwithstanding any inconsistent 33 provision of law, the following appropri- 34 ation shall be net of prior and/or current 35 year refunds, rebates, reimbursements, and 36 credits. 37 Notwithstanding any other provision of law, 38 advances and reimbursement made pursuant 39 to subdivision (d) of section 41.15 and 40 section 41.18 of the mental hygiene law 41 shall be allocated pursuant to a plan and 42 in a manner prescribed by the agency head 43 and approved by the director of the budg- 44 et. The moneys hereby appropriated are 45 available to reimburse or advance locali- 46 ties and voluntary non-profit agencies for 47 expenditures made during local fiscal 48 periods commencing January 1, 2025, April 49 1, 2025 or July 1, 2025, and for advances 50 for the 3 month period beginning January 51 1, 2026. 52 Notwithstanding the provisions of article 41 53 of the mental hygiene law or any other 54 inconsistent provision of law, rule or 55 regulation, the commissioner, pursuant to 56 such contract and in the manner provided 
 A. 8095 28 1 therein, may pay all or a portion of the 2 expenses incurred by such voluntary agen- 3 cies arising out of loans which are funded 4 from the proceeds of bonds and notes 5 issued by the dormitory authority of the 6 state of New York. 7 Notwithstanding any other provision of law, 8 the money hereby appropriated may be 9 transferred to state operations and/or any 10 appropriation of the office for people 11 with developmental disabilities with the 12 approval of the director of the budget. 13 Notwithstanding any inconsistent provision 14 of law, moneys from this appropriation may 15 be used for state aid of up to 100 percent 16 of the net deficit costs of day training 17 programs and family support services. 18 Notwithstanding the provisions of section 19 16.23 of the mental hygiene law and any 20 other inconsistent provision of law, with 21 relation to the operation of certified 22 family care homes, including family care 23 homes sponsored by voluntary not-for-pro- 24 fit agencies, moneys from this appropri- 25 ation may be used for payments to purchase 26 general services including but not limited 27 to respite providers, up to a maximum of 28 14 days, at rates to be established by the 29 commissioner and approved by the director 30 of the budget in consideration of factors 31 including, but not limited to, geographic 32 area and number of clients cared for in 33 the home and for payment in an amount 34 determined by the commissioner for the 35 personal needs of each client residing in 36 the family care home. 37 Notwithstanding the provisions of subdivi- 38 sion 12 of section 8 of the state finance 39 law and any other inconsistent provision 40 of law, moneys from this appropriation may 41 be used for expenses of family care homes 42 including payments to operators of certi- 43 fied family care homes for damages caused 44 by clients to personal and real property 45 in accordance with standards established 46 by the commissioner and approved by the 47 director of the budget. 48 Notwithstanding any inconsistent provision 49 of law, moneys from this appropriation may 50 be used for appropriate day program 51 services and residential services includ- 52 ing, but not limited to, direct housing 53 subsidies to individuals, start-up 54 expenses for family care providers, envi- 55 ronmental modifications, adaptive technol- 56 ogies, appraisals, property options, 
 A. 8095 29 1 feasibility studies and preoperational 2 expenses. 3 Notwithstanding any inconsistent provision 4 of law except pursuant to a chapter of the 5 laws of 2024 authorizing a 2.84 percent 6 cost of living adjustment, for the period 7 commencing on April 1, 2024 and ending 8 March 31, 2025 the commissioner shall not 9 apply any other cost of living adjustment 10 for the purpose of establishing rates of 11 payments, contracts or any other form of 12 reimbursement; provided that this shall 13 not prevent the commissioner from applying 14 prior adjustments for the purpose of 15 establishing rates resulting from a rebas- 16 ing of base year costs. 17 Notwithstanding section 6908 of the educa- 18 tion law and any other provision of law, 19 rule or regulation to the contrary, direct 20 support staff in programs certified or 21 approved by the office for people with 22 developmental disabilities, including the 23 home and community based services waiver 24 programs that the office for people with 25 developmental disabilities is authorized 26 to administer with federal approval pursu- 27 ant to subdivision (c) of section 1915 of 28 the federal social security act, are 29 authorized to provide such tasks as OPWDD 30 may specify when performed under the 31 supervision, training and periodic 32 inspection of a registered professional 33 nurse and in accordance with an authorized 34 practitioner's ordered care. 35 Notwithstanding any other provision of law 36 to the contrary, and consistent with 37 section 33.07 of the mental hygiene law, 38 the directors of facilities licensed but 39 not operated by the office for people with 40 developmental disabilities who act as 41 federally-appointed representative payees 42 and who assume management responsibility 43 over the funds of a resident may continue 44 to use such funds for the cost of the 45 resident's care and treatment, consistent 46 with federal law and regulations. 47 Funds appropriated herein shall be available 48 in accordance with the following: 49 Notwithstanding any other provision of law 50 to the contrary, funds appropriated herein 51 are available to reimburse in- and out-of- 52 state private residential schools, pursu- 53 ant to subdivision (c) of section 13.37-a 54 and subdivision (g) of section 13.38 of 55 the mental hygiene law, for costs of 56 supporting the residential and day program 
 A. 8095 30 1 services available to individuals who are 2 over the age of 21 years of age, provided 3 that the amount paid for residential 4 services and/or maintenance costs is net 5 of any supplemental security income bene- 6 fit to which the individual receiving 7 services is eligible, and provided further 8 that funding for nonresidential services 9 will be in an amount not to exceed the 10 maximum reimbursement for appropriate day 11 services delivered by the office for 12 people with developmental disabilities 13 certified or approved providers other than 14 in- and out-of-state private residential 15 schools, unless otherwise authorized by 16 the director of the budget. 17 Notwithstanding section 163 of the state 18 finance law, section 142 of the economic 19 development law, and article 41 of the 20 mental hygiene law, the commissioner of 21 the office for people with developmental 22 disabilities may make the funds appropri- 23 ated herein available as state aid, a loan 24 or a grant, pursuant to terms and condi- 25 tions established by the commissioner of 26 the office for people with developmental 27 disabilities, to cover a portion of the 28 development costs of private, public 29 and/or non-profit organizations, including 30 corporations and partnerships established 31 pursuant to the private housing finance 32 law and/or any other statutory provisions, 33 for supportive housing units that have 34 been set aside for individuals with intel- 35 lectual and developmental disabilities. 36 Further, the office for people with develop- 37 mental disabilities shall have a lien on 38 the real property developed with such 39 state aid, loans or grants, which shall be 40 in the amount of the loan or grant, for a 41 maximum term of 30 years, or other longer 42 term consistent with the requirements of 43 another regulatory agency. 44 For services and expenses related to the 45 provision of residential services to 46 people with developmental disabilities 47 (37802) ..................... [28,333,000] 30,287,000 48 For services and expenses related to the 49 provision of day program services to 50 people with developmental disabilities 51 (37803) ...................... [6,960,000] 7,440,000 52 For services and expenses related to the 53 provision of family support services to 54 people with developmental disabilities 55 (37804) ...................... [7,830,000] 8,370,000 
 A. 8095 31 1 For services and expenses related to the 2 provision of workshop, day training and 3 employment services to people with devel- 4 opmental disabilities. Notwithstanding any 5 other provision of law, up to $800,000 of 6 this appropriation may be transferred to 7 the New York State Education Departments' 8 Adult Career and Continuing Education 9 Services - Vocational Rehabilitation 10 (ACCES-VR) program to support the Long- 11 Term Sheltered Employment program operated 12 by FEDCAP Rehabilitation Services, Inc. 13 (37805) ...................... [4,524,000] 4,836,000 14 For other services and expenses provided to 15 people with developmental disabilities 16 including but not limited to hepatitis B, 17 care at home waiver, epilepsy services, 18 Special Olympics New York, Inc. and volun- 19 tary fingerprinting (37806) .. [1,160,000] 1,240,000 20 -------------- 21 § 9. Section 8 of chapter 113 of the laws of 2025, relating to making 22 appropriations for the support of government, as amended by chapter 123 23 of the laws of 2025, is amended to read as follows: 24 § 8. The amounts specified in this section, or so much thereof as 25 shall be sufficient to accomplish the purposes designated, is hereby 26 appropriated and authorized to be paid as hereinafter provided, to the 27 public officers and for the purposes specified, which amount shall be 28 available for the state fiscal year beginning April 1, 2025. 29 DEPARTMENT OF VETERANS' SERVICES 30 AID TO LOCALITIES 31 BLIND VETERAN ANNUITY ASSISTANCE PROGRAM ....................... 385,000 32 -------------- 33 General Fund 34 Local Assistance Account - 10000 35 For payment of annuities to blind veterans 36 and eligible surviving spouses. Up to 37 $15,000 of this appropriation may be 38 transferred to state operations for admin- 39 istrative costs associated with this 40 program (54606) ................................ 385,000 41 VETERANS' BENEFITS ADVISING PROGRAM ............. [406,000] 434,000 42 -------------- 43 Special Revenue Funds - Other 44 Homeless Veterans Assistance Fund 45 Homeless Veterans Assistance Account - 20204 
 A. 8095 32 1 For services and expenses related to home- 2 less veterans' housing (54815) .. [406,000] 434,000 3 § 10. No expenditure may be made from any appropriation in this act, 4 until a certificate of approval has been issued by the director of the 5 budget and a copy of such certificate shall have been filed with the 6 state comptroller, the chairman of the senate finance committee and the 7 chairman of the assembly ways and means committee provided, however, 8 that any expenditures from any appropriation in this act made by the 9 legislature or judiciary shall not require such certificate. 10 § 11. All expenditures and disbursements made against the appropri- 11 ations in this act shall, upon final action by the legislature on appro- 12 priation bills submitted by the governor pursuant to article VII of the 13 state constitution for the support of government for the state fiscal 14 year beginning April 1, 2025, be transferred by the comptroller as 15 expenditures and disbursements to such appropriations for all state 16 departments and agencies, as applicable, in amounts equal to the amounts 17 charged against the appropriations in this act for each such department, 18 agency, and the legislature and the judiciary. 19 § 12. Severability clause. If any clause, sentence, paragraph, subdi- 20 vision, section or part of this act shall be adjudged by any court of 21 competent jurisdiction to be invalid, such judgment shall not affect, 22 impair, or invalidate the remainder thereof, but shall be confined in 23 its operation to the clause, sentence, paragraph, subdivision, section 24 or part thereof directly involved in the controversy in which such judg- 25 ment shall have been rendered. It is hereby declared to be the intent of 26 the legislature that this act would have been enacted even if such 27 invalid provisions had not been included herein. 28 § 13. This act shall take effect immediately and shall be deemed to 29 have been in full force and effect on and after April 1, 2025; provided, 30 however, that upon the transfer of expenditures and disbursements by the 31 comptroller as provided in section eleven of this act, the appropri- 32 ations made by this act and subject to such section shall be deemed 33 repealed.