A 8270: Provides for emergency appropriation through May 7, 2025 for the support of government.

  
  STATE OF NEW YORK ________________________________________________________________________ 8270 2025-2026 Regular Sessions  IN ASSEMBLY May 6, 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 3 of chapter 113 of the laws of 2025, relating to making 9 appropriations for the support of government, as amended by chapter 125 10 of the laws of 2025, is amended to read as follows: 11 § 3. The amount specified in this section, or so much thereof as shall 12 be sufficient to accomplish the purpose designated, is hereby appropri- 13 ated and authorized to be paid as hereinafter provided, to the public 14 officers and for the purpose specified, which amount shall be available 15 for the state fiscal year beginning April 1, 2025. 16 ALL STATE DEPARTMENTS AND AGENCIES 17 For the payment of state operations non 18 personal service liabilities to the execu- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12012-01-5 
 A. 8270 2 1 tive branch, including the comptroller, 2 and the attorney general, and legislature, 3 incurred in the ordinary course of busi- 4 ness, during the period April 1 through 5 May [6] 7, 2025, pursuant to existing 6 state law and for purposes for which the 7 legislature authorized the expenditure of 8 moneys during the 2024-2025 state fiscal 9 year; provided, however, that nothing 10 contained herein shall be deemed to limit 11 or restrict the power or authority of 12 state departments or agencies to conduct 13 their activities or operations in accord- 14 ance with existing law, and further 15 provided that nothing contained herein 16 shall be deemed to supersede, nullify or 17 modify the provisions of section 40 of the 18 state finance law prescribing when appro- 19 priations made for the 2024-2025 state 20 fiscal year shall have ceased to have 21 force and effect ............................ 34,000,000 22 -------------- 23 § 3. Section 4 of chapter 113 of the laws of 2025, relating to making 24 appropriations for the support of government, as amended by chapter 124 25 of the laws of 2025, is amended to read as follows: 26 § 4. The amounts specified in this section, or so much thereof as 27 shall be sufficient to accomplish the purposes designated, is hereby 28 appropriated and authorized to be paid as hereinafter provided, to the 29 public officers and for the purposes specified, which amount shall be 30 available for the state fiscal year beginning April 1, 2025. 31 MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES 32 GENERAL STATE CHARGES 33 STATE OPERATIONS 34 GENERAL STATE CHARGES ....................... [595,945,000] 629,945,000 35 -------------- 36 General Fund 37 State Purposes Account - 10050 38 For employee fringe benefits according to 39 the following project schedule including 40 those benefits which are related to 41 employees paid from funds, accounts, or 42 programs where the division of the budget 43 has issued waivers .......... [588,125,000] 622,125,000 44 Project Schedule 45 PROJECT AMOUNT 46 -------------------------------------------- 47 For the state's contribution 48 to the health insurance fund 49 and deposit into the retiree 
 A. 8270 3 1 health benefit trust fund 2 pursuant to section 99-aa of 3 the state finance law. The 4 state's share of the health 5 insurance program dividends 6 shall be available to pay 7 for the premiums in 2025-26 .. 422,000,000 8 For the state's contribution 9 to the social security 10 contribution fund .......... 11 ............... [119,450,000] 153,450,000 12 For the state's contribution 13 to employee benefit fund 14 programs ...................... 37,500,000 15 For the state's contribution 16 to the dental insurance plan ... 6,000,000 17 For the state's share of 18 contributions to the volun- 19 tary defined contribution 20 plan made on behalf of 21 eligible employees pursuant 22 to chapter 18 of the laws of 23 2012 who elect to partic- 24 ipate in such plan and who 25 are not otherwise eligible 26 to participate in the SUNY 27 optional retirement program ..... 558,000 28 For the payment of the metro- 29 politan commuter transporta- 30 tion mobility tax pursuant 31 to article 23 of the tax 32 law, as added by chapter 25 33 of the laws of 2009, on 34 behalf of the state employ- 35 ees employed in the metro- 36 politan commuter transporta- 37 tion district .................. 2,600,000 38 For the state's contribution 39 to the vision care plan ........... 17,000 40 -------------- 41 Project schedule total ... 42 ........... [588,125,000] 622,125,000 43 -------------- 44 For payments in accordance with section 19-a 45 of the public lands law (80567) .............. 7,720,000 46 For payment of claims for damage to personal 47 or real property or for bodily injuries or 48 wrongful death caused by officers, employ- 49 ees, or other authorized persons providing 50 service to state government while provid- 51 ing such service, and the state university 52 construction fund while acting within the 53 scope of their employment, and while oper- 54 ating motor vehicles, and for any individ- 55 uals operating motor vehicles which are 
 A. 8270 4 1 assigned on a permanent basis with unre- 2 stricted use to state officers and employ- 3 ees when the person is permanently 4 assigned the motor vehicle (80559) ............. 100,000 5 -------------- 6 § 4. Section 5 of chapter 118 of the laws of 2025, relating to making 7 appropriations for the support of government, as amended by chapter 125 8 of the laws of 2025, is amended to read as follows: 9 § 5. 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 JUDICIARY 15 For the purpose of making payments for 16 personal service, including liabilities 17 incurred prior to April 1, 2025, on the 18 payrolls scheduled to be paid during the 19 period April 1 through May 7, 2025 to 20 officers and employees of the judiciary .... 265,000,000 21 For the payment of state operations nonper- 22 sonal service liabilities, the sum of 23 twenty-five million dollars ($25,000,000), 24 or so much thereof as shall be sufficient 25 to accomplish the purpose designated, is 26 hereby appropriated to the judiciary out 27 of any moneys in the general fund or other 28 funds to the credit of the state purposes 29 account not otherwise appropriated. The 30 comptroller is hereby authorized and 31 directed to utilize this appropriation for 32 the purpose of making payments for nonper- 33 sonal service liabilities incurred by the 34 judiciary from April 1 through May [6] 7, 35 2025 ........................................ 25,000,000 36 For the payment of aid to localities liabil- 37 ities, the sum of thirty million dollars 38 ($30,000,000), or so much thereof as shall 39 be sufficient to accomplish the purpose 40 designated, is hereby appropriated to the 41 judiciary out of any moneys in the general 42 fund or other funds to the credit of the 43 state purposes account not otherwise 44 appropriated. The comptroller is hereby 45 authorized and directed to utilize this 46 appropriation for the purpose of making 47 payments for aid to localities liabilities 48 incurred by the judiciary from April 1 49 through May [6] 7, 2025 ..................... 30,000,000 50 For the payment of employee fringe benefit 51 programs including, but not limited to, 52 the judiciary's contributions to the 53 health insurance fund, the employees' 
 A. 8270 5 1 retirement system pension accumulation 2 fund, the social security contribution 3 fund, employee benefit fund programs, the 4 dental insurance plan, the vision care 5 plan, the unemployment insurance fund, and 6 for workers' compensation benefits, the 7 sum of three hundred million dollars 8 ($300,000,000), or so much thereof as 9 shall be sufficient to accomplish the 10 purpose designated, is hereby appropriated 11 to the judiciary out of any moneys in the 12 general fund or other funds to the credit 13 of the state purposes account not other- 14 wise appropriated. The comptroller is 15 hereby authorized and directed to utilize 16 this appropriation for the purpose of 17 making payments for employee fringe bene- 18 fit liabilities incurred by the judiciary 19 from April 1 through May [6] 7, 2025 ....... 300,000,000 20 -------------- 21 § 5. Section 5 of chapter 113 of the laws of 2025, relating to making 22 appropriations for the support of government, as amended by chapter 125 23 of the laws of 2025, is amended to read as follows: 24 § 5. The amounts specified in this section, or so much thereof as 25 shall be sufficient to accomplish the purposes designated, is hereby 26 appropriated and authorized to be paid as hereinafter provided, to the 27 public officers and for the purposes specified, which amount shall be 28 available for the state fiscal year beginning April 1, 2025. 29 DEPARTMENT OF HEALTH 30 AID TO LOCALITIES 31 CENTER FOR COMMUNITY HEALTH PROGRAM ......... [44,450,000] 47,660,000 32 -------------- 33 General Fund 34 Local Assistance Account - 10000 35 For services and expenses related to the 36 Indian health program. The money hereby 37 appropriated shall be for payment of 38 financial assistance heretofore accrued or 39 hereafter to accrue (26840) .................. 7,000,000 40 -------------- 41 Special Revenue Funds - Federal 42 Federal USDA-Food and Nutrition Services Fund 43 Federal Food and Nutrition Services Account - 25022 44 For various federal food and nutritional 45 services. The moneys hereby appropriated 46 shall be available for payment of finan- 47 cial assistance heretofore accrued (26986) 48 ............................. [37,450,000] 40,660,000 
 A. 8270 6 1 -------------- 2 CHILD HEALTH INSURANCE PROGRAM ............................. 109,366,000 3 -------------- 4 Special Revenue Funds - Other 5 HCRA Resources Fund 6 Children's Health Insurance Account - 20810 7 The money hereby appropriated is available 8 for payment of aid heretofore accrued or 9 hereafter accrued. 10 Notwithstanding any other provision of law, 11 the money hereby appropriated may be 12 increased or decreased by transfer or 13 suballocation to appropriations of the 14 office of temporary and disability assist- 15 ance, for the reimbursement of local 16 district administrative costs related to 17 children newly enrolled in medicaid whose 18 household income is between 100 percent 19 and 133 percent of the federal poverty 20 level. 21 Notwithstanding any provision of law to the 22 contrary, the amounts appropriated herein 23 shall be net of refunds, rebates, 24 reimbursements, credits, repayments, 25 and/or disallowances. 26 For services and expenses related to the 27 children's health insurance program 28 authorized pursuant to title 1-A of arti- 29 cle 25 of the public health law (26931) .... 109,366,000 30 -------------- 31 ELDERLY PHARMACEUTICAL INSURANCE COVERAGE PROGRAM ............ 1,520,000 32 -------------- 33 Special Revenue Funds - Other 34 HCRA Resources Fund 35 EPIC Premium Account - 20818 36 For services and expenses of the program for 37 elderly pharmaceutical insurance coverage, 38 including reimbursement to pharmacies 39 participating in such program. 40 The moneys hereby appropriated shall be 41 available for payment of financial assist- 42 ance heretofore accrued (26803) .............. 1,520,000 43 MEDICAL ASSISTANCE PROGRAM ............... [7,793,997,000] 8,652,436,000 44 -------------- 45 General Fund 46 Local Assistance Account - 10000 
 A. 8270 7 1 For the medical assistance program, includ- 2 ing administrative expenses, for local 3 social services districts, and for medical 4 care rates for authorized child care agen- 5 cies. 6 Notwithstanding section 40 of the state 7 finance law or any provision of law to the 8 contrary, subject to federal approval, 9 department of health state funds medicaid 10 spending, excluding payments for medical 11 services provided at state facilities 12 operated by the office of mental health, 13 the office for people with developmental 14 disabilities and the office of addiction 15 services and supports and further exclud- 16 ing any payments which are not appropri- 17 ated within the department of health, in 18 the aggregate, for the period April 1, 19 2025 through March 31, 2026, shall not 20 exceed $33,417,285,000 except as provided 21 below provided, however, such aggregate 22 limits may be adjusted by the director of 23 the budget to account for any changes in 24 the New York state federal medical assist- 25 ance percentage amount established pursu- 26 ant to the federal social security act, 27 increases in provider revenues, reductions 28 in local social services district payments 29 for medical assistance administration, 30 minimum wage increases, and beginning 31 April 1, 2012 the operational costs of the 32 New York state medical indemnity fund, 33 pursuant to chapter 59 of the laws of 34 2011, and state costs or savings from the 35 essential plan program. Such projections 36 may be adjusted by the director of the 37 budget to account for increased or expe- 38 dited department of health state funds 39 medicaid expenditures as a result of a 40 natural or other type of disaster, includ- 41 ing a governmental declaration of emergen- 42 cy. 43 The director of the budget, in consultation 44 with the commissioner of health, shall 45 assess on a quarterly basis known and 46 projected medicaid expenditures by catego- 47 ry of service and by geographic region, as 48 defined by the commissioner, incurred both 49 prior to and subsequent to such assessment 50 for each such period, and if the director 51 of the budget determines that such expend- 52 itures are expected to cause medicaid 53 spending for such period to exceed the 54 aggregate limit specified herein for such 55 period, the state medicaid director, in 56 consultation with the director of the 
 A. 8270 8 1 budget and the commissioner of health, 2 shall develop a medicaid savings allo- 3 cation adjustment to limit such spending 4 to the aggregate limit specified herein 5 for such period. 6 Such medicaid savings allocation adjustment 7 shall be designed, to reduce the expendi- 8 tures authorized by the appropriations 9 herein in compliance with the following 10 guidelines: (1) reductions shall be made 11 in compliance with applicable federal law, 12 including the provisions of the Patient 13 Protection and Affordable Care Act, Public 14 Law No. 111-148, and the Health Care and 15 Education Reconciliation Act of 2010, 16 Public Law No. 111-152 (collectively 17 "Affordable Care Act") and any subsequent 18 amendments thereto or regulations promul- 19 gated thereunder; (2) reductions shall be 20 made in a manner that complies with the 21 state medicaid plan approved by the feder- 22 al centers for medicare and medicaid 23 services, provided, however, that the 24 commissioner of health is authorized to 25 submit any state plan amendment or seek 26 other federal approval, including waiver 27 authority, to implement the provisions of 28 the medicaid savings allocation adjustment 29 that meets the other criteria set forth 30 herein; (3) reductions shall be made in a 31 manner that maximizes federal financial 32 participation, to the extent practicable, 33 including any federal financial partic- 34 ipation that is available or is reasonably 35 expected to become available, in the 36 discretion of the commissioner, under the 37 Affordable Care Act; (4) reductions shall 38 be made uniformly among categories of 39 services and geographic regions of the 40 state, to the extent practicable, and 41 shall be made uniformly within a category 42 of service, to the extent practicable, 43 except where the commissioner determines 44 that there are sufficient grounds for 45 non-uniformity, including but not limited 46 to: the extent to which specific catego- 47 ries of services contributed to department 48 of health medicaid state funds spending in 49 excess of the limits specified herein; the 50 need to maintain safety net services in 51 underserved communities; or the potential 52 benefits of pursuing innovative payment 53 models contemplated by the Affordable Care 54 Act, in which case such grounds shall be 55 set forth in the medicaid savings allo- 56 cation adjustment; and (5) reductions 
 A. 8270 9 1 shall be made in a manner that does not 2 unnecessarily create administrative 3 burdens to medicaid applicants and recipi- 4 ents or providers. 5 The commissioner shall seek the input of the 6 legislature, as well as organizations 7 representing health care providers, 8 consumers, businesses, workers, health 9 insurers, and others with relevant exper- 10 tise, in developing such medicaid savings 11 allocation adjustment, to the extent that 12 all or part of such adjustment, in the 13 discretion of the commissioner, is likely 14 to have a material impact on the overall 15 medicaid program, particular categories of 16 service or particular geographic regions 17 of the state. 18 (a) The commissioner shall post the medicaid 19 savings allocation adjustment on the 20 department of health's website and shall 21 provide written copies of such adjustment 22 to the chairs of the senate finance and 23 the assembly ways and means committees at 24 least 30 days before the date on which 25 implementation is expected to begin. 26 (b) The commissioner may revise the medicaid 27 savings allocation adjustment subsequent 28 to the provisions of notice and prior to 29 implementation but needs to provide a new 30 notice pursuant to subparagraph (i) of 31 this paragraph only if the commissioner 32 determines, in his or her discretion, that 33 such revisions materially alter the 34 adjustment. 35 Notwithstanding the provisions of paragraphs 36 (a) and (b) of this subdivision, the 37 commissioner need not seek the input 38 described in paragraph (a) of this subdi- 39 vision or provide notice pursuant to para- 40 graph (b) of this subdivision if, in the 41 discretion of the commissioner, expedited 42 development and implementation of a medi- 43 caid savings allocation adjustment is 44 necessary due to a public health emergen- 45 cy. 46 For purposes of this section, a public 47 health emergency is defined as: (i) a 48 disaster, natural or otherwise, that 49 significantly increases the immediate need 50 for health care personnel in an area of 51 the state; (ii) an event or condition that 52 creates a widespread risk of exposure to a 53 serious communicable disease, or the 54 potential for such widespread risk of 55 exposure; or (iii) any other event or 56 condition determined by the commissioner 
 A. 8270 10 1 to constitute an imminent threat to public 2 health. 3 Nothing in this paragraph shall be deemed to 4 prevent all or part of such medicaid 5 savings allocation adjustment from taking 6 effect retroactively to the extent permit- 7 ted by the federal centers for medicare 8 and medicaid services. 9 In accordance with the medicaid savings 10 allocation adjustment, the commissioner of 11 the department of health shall reduce 12 department of health state funds medicaid 13 spending by the amount of the projected 14 overspending through, actions including, 15 but not limited to modifying or suspending 16 reimbursement methods, including but not 17 limited to all fees, premium levels and 18 rates of payment, notwithstanding any 19 provision of law that sets a specific 20 amount or methodology for any such 21 payments or rates of payment; modifying or 22 discontinuing medicaid program benefits; 23 seeking all necessary federal approvals, 24 including, but not limited to waivers, 25 waiver amendments; and suspending time 26 frames for notice, approval or certif- 27 ication of rate requirements, notwith- 28 standing any provision of law, rule or 29 regulation to the contrary, including but 30 not limited to sections 2807 and 3614 of 31 the public health law, section 18 of chap- 32 ter 2 of the laws of 1988, and 18 NYCRR 33 505.14(h). 34 The department of health shall prepare a 35 quarterly report that sets forth: (a) 36 known and projected department of health 37 medicaid expenditures as described in 38 subdivision (1) of this section, and 39 factors that could result in medicaid 40 disbursements for the relevant state 41 fiscal year to exceed the projected 42 department of health state funds disburse- 43 ments in the enacted budget financial plan 44 pursuant to subdivision 3 of section 23 of 45 the state finance law, including spending 46 increases or decreases due to: enrollment 47 fluctuations, rate changes, utilization 48 changes, MRT investments, and shift of 49 beneficiaries to managed care; and vari- 50 ations in offline medicaid payments; and 51 (b) the actions taken to implement any 52 medicaid savings allocation adjustment 53 implemented pursuant to subdivision (4) of 54 this section, including information 55 concerning the impact of such actions on 56 each category of service and each 
 A. 8270 11 1 geographic region of the state. Each such 2 quarterly report shall be provided to the 3 chairs of the senate finance and the 4 assembly ways and means committees and 5 shall be posted on the department of 6 health's website in a timely manner. 7 The money hereby appropriated is 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 to the contrary, funds may be used 19 by the department for outside legal 20 assistance on issues involving the federal 21 government, the conduct of preadmission 22 screening and annual resident reviews 23 required by the state's medicaid program, 24 computer matching with insurance carriers 25 to insure that medicaid is the payer of 26 last resort and activities related to the 27 management of the pharmacy benefit avail- 28 able under the medicaid program. 29 Notwithstanding any inconsistent provision 30 of law, in lieu of payments authorized by 31 the social services law, or payments of 32 federal funds otherwise due to the local 33 social services districts for programs 34 provided under the federal social security 35 act or the federal food stamp act, funds 36 herein appropriated, in amounts certified 37 by the state commissioner of temporary and 38 disability assistance or the state commis- 39 sioner of health as due from local social 40 services districts each month as their 41 share of payments made pursuant to section 42 367-b of the social services law may be 43 set aside by the state comptroller in an 44 interest-bearing account in order to 45 ensure the orderly and prompt payment of 46 providers under section 367-b of the 47 social services law pursuant to an esti- 48 mate provided by the commissioner of 49 health of each local social services 50 district's share of payments made pursuant 51 to section 367-b of the social services 52 law. 53 Notwithstanding any inconsistent provision 54 of law, funding made available by these 55 appropriations shall support direct salary 56 costs and related fringe benefits within 
 A. 8270 12 1 the medical assistance program associated 2 with any minimum wage increase that takes 3 effect during the timeframe of these 4 appropriations, pursuant to section 652 of 5 the labor law. Each eligible organization 6 in receipt of funding made available by 7 these appropriations may be required to 8 submit written certification, in such form 9 and at such time the commissioner may 10 prescribe, attesting to the total amount 11 of funds used by the eligible organiza- 12 tion, how such funding will be or was used 13 for purposes eligible under these appro- 14 priations and any other reporting deemed 15 necessary by the commissioner. The amounts 16 appropriated herein may include advances 17 to organizations authorized to receive 18 such funds to accomplish this purpose. 19 Notwithstanding any other provision of law, 20 the money hereby appropriated may be 21 increased or decreased by interchange or 22 transfer, with any appropriation of the 23 department of health and the office of 24 medicaid inspector general and may be 25 increased or decreased by transfer or 26 suballocation between these appropriated 27 amounts and appropriations of the depart- 28 ment of health state purpose account, the 29 office of mental health, office for people 30 with developmental disabilities, the 31 office of addiction services and supports, 32 the department of family assistance office 33 of temporary and disability assistance, 34 the department of corrections and communi- 35 ty supervision, the office of information 36 technology services, the state university 37 of New York, and office of children and 38 family services, the office of medicaid 39 inspector general, the state education 40 department, and the state office for the 41 aging with the approval of the director of 42 the budget, who shall file such approval 43 with the department of audit and control 44 and copies thereof with the chairman of 45 the senate finance committee and the 46 chairman of the assembly ways and means 47 committee. 48 Notwithstanding any inconsistent provision 49 of law to the contrary, the moneys hereby 50 appropriated may be used for payments to 51 the centers for medicaid and medicare 52 services for obligations incurred related 53 to the pharmaceutical costs of dually 54 eligible medicare/medicaid beneficiaries 55 participating in the medicare drug benefit 56 authorized by P.L. 108-173. 
 A. 8270 13 1 Notwithstanding any inconsistent provision 2 of law, the moneys hereby appropriated 3 shall not be used for any existing rates, 4 fees, fee schedule, or procedures which 5 may affect the cost of care and services 6 provided by personal care providers, case 7 managers, health maintenance organiza- 8 tions, out of state medical facilities 9 which provide care and services to resi- 10 dents of the state, providers of transpor- 11 tation services, that are altered, 12 amended, adjusted or otherwise changed by 13 a local social services district unless 14 previously approved by the department of 15 health and the director of the budget. 16 Notwithstanding any inconsistent provision 17 of law to the contrary, funds shall be 18 made available to the commissioner of the 19 office of mental health or the commission- 20 er of the office of addiction services and 21 supports, in consultation with the commis- 22 sioner of health and approved by the 23 director of the budget, and consistent 24 with appropriations made therefor, to 25 implement allocation adjustment developed 26 by each such commissioner which shall 27 describe mental health or substance use 28 disorder services that should be developed 29 to meet service needs resulting from the 30 reduction of inpatient behavioral health 31 services provided under the medicaid 32 program, by programs licensed pursuant to 33 article 31 or 32 of the mental hygiene 34 law. Such programs may include programs 35 that are licensed pursuant to both article 36 31 of the mental hygiene law and article 37 28 of the public health law, or certified 38 under both article 32 of the mental 39 hygiene law and article 28 of the public 40 health law. 41 Notwithstanding any inconsistent provision 42 of law, the moneys hereby appropriated may 43 be available for payments associated with 44 the resolution by settlement agreement or 45 judgment of rate appeals and/or litigation 46 where the department of health is a party. 47 For services and expenses of the medical 48 assistance program including hospital 49 inpatient services and general hospitals 50 that are safety-net providers that evince 51 severe financial distress, pursuant to 52 criteria determined by the commissioner, 53 shall be eligible for awards for amounts 54 appropriated herein, to enable such 55 providers to maintain operations and vital 56 services while establishing long term 
 A. 8270 14 1 solutions to achieve sustainable health 2 services. 3 Notwithstanding any inconsistent provisions 4 of law, no expenditures shall be used for 5 the medical assistance program for any 6 expenses not explicitly authorized in law 7 without the approval of the director of 8 the budget. 9 Notwithstanding any provision of law to the 10 contrary, the portion of this appropri- 11 ation covering fiscal year 2025-26 shall 12 supersede and replace any duplicative (i) 13 reappropriation for this item covering 14 fiscal year 2025-26, and (ii) appropri- 15 ation for this item covering fiscal year 16 2025-26 set forth in chapter 53 of the 17 laws of 2024 (26947) ....................... 121,200,000 18 For services and expenses of the medical 19 assistance program including hospital 20 outpatient and emergency room services. 21 Notwithstanding any provision of law to the 22 contrary, the portion of this appropri- 23 ation covering fiscal year 2025-26 shall 24 supersede and replace any duplicative (i) 25 reappropriation for this item covering 26 fiscal year 2025-26, and (ii) appropri- 27 ation for this item covering fiscal year 28 2025-26 set forth in chapter 53 of the 29 laws of 2024 (26948) ........................ 31,296,000 30 For services and expenses of the medical 31 assistance program including clinic 32 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 (26949) ........................ 57,078,000 42 For services and expenses of the medical 43 assistance program including nursing home 44 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 (26950) ....................... 152,808,000 54 For services and expenses of the medical 55 assistance program including other long 56 term care services. 
 A. 8270 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 (26951) ....................... 774,279,000 10 For services and expenses of the medical 11 assistance program including managed care 12 services including regional planning 13 activities of the finger lakes health 14 systems agency, including statewide coor- 15 dination and demonstration of best prac- 16 tices. The department shall make grants 17 within amounts appropriated therefor, to 18 assure high-quality and accessible primary 19 care, to provide technical assistance to 20 support financial and business planning 21 for integrated systems of care, and to 22 assist primary care providers in the 23 adoption, implementation, and meaningful 24 use of electronic health record technolo- 25 gy. 26 Notwithstanding any provision of law to the 27 contrary, the portion of this appropri- 28 ation covering fiscal year 2025-26 shall 29 supersede and replace any duplicative (i) 30 reappropriation for this item covering 31 fiscal year 2025-26, and (ii) appropri- 32 ation for this item covering fiscal year 33 2025-26 set forth in chapter 53 of the 34 laws of 2024 (26952) ....................... 477,739,000 35 For services and expenses for health homes 36 including grants to health homes. 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 (29548) ........................ 18,096,000 46 For services and expenses of the medical 47 assistance program including pharmacy 48 services provided, however, that no funds 49 shall be made available pursuant to this 50 appropriation for any drug not explicitly 51 authorized in any enacted law, rule, or 52 regulation without approval from the 53 director of the budget. 54 Notwithstanding any provision of law to the 55 contrary, the portion of this appropri- 56 ation covering fiscal year 2025-26 shall 
 A. 8270 16 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 (26953) ....................... 290,856,000 7 For services and expenses of the medical 8 assistance program including transporta- 9 tion 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 (26954) ........................ 43,032,000 19 For services and expenses of the medical 20 assistance program including dental 21 services. 22 Notwithstanding any provision of law to the 23 contrary, the portion of this appropri- 24 ation covering fiscal year 2025-26 shall 25 supersede and replace any duplicative (i) 26 reappropriation for this item covering 27 fiscal year 2025-26, and (ii) appropri- 28 ation for this item covering fiscal year 29 2025-26 set forth in chapter 53 of the 30 laws of 2024 (26955) ........................... 492,000 31 For services and expenses of the medical 32 assistance program including non-institu- 33 tional and other spending. 34 The money hereby appropriated is available 35 for payment of liabilities heretofore 36 accrued or hereafter accrued. 37 Notwithstanding any inconsistent provision 38 of law, the money hereby appropriated may 39 be available for payments to any county or 40 public school districts associated with 41 additional claims for school supportive 42 health 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 (26956) ....................... 118,812,000 52 For services and expenses of the medical 53 assistance program including medical 54 services provided at state facilities 55 operated by the office of mental health, 56 the office for people with developmental 
 A. 8270 17 1 disabilities and the office of addiction 2 services and supports. 3 Notwithstanding any provision of law to the 4 contrary, the portion of this appropri- 5 ation covering fiscal year 2025-26 shall 6 supersede and replace any duplicative (i) 7 reappropriation for this item covering 8 fiscal year 2025-26, and (ii) appropri- 9 ation for this item covering fiscal year 10 2025-26 set forth in chapter 53 of the 11 laws of 2024 (26961) ........ [417,000,000] 500,400,000 12 -------------- 13 Special Revenue Funds - Federal 14 Federal Health and Human Services Fund 15 Medicaid Direct Account - 25106 16 For services and expenses for the medical 17 assistance program, including administra- 18 tive expenses for local social services 19 districts, pursuant to title XIX of the 20 federal social security act or its succes- 21 sor program. 22 The moneys hereby appropriated are to be 23 available for payment of aid heretofore 24 accrued or hereafter accrued to munici- 25 palities, and to providers of medical 26 services pursuant to section 367-b of the 27 social services law, and for payment of 28 state aid to municipalities and to provid- 29 ers of family care where payment systems 30 through the fiscal intermediaries are not 31 operational. 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. 
 A. 8270 18 1 Notwithstanding any other provision of law, 2 the money hereby appropriated may be 3 increased or decreased by interchange or 4 transfer, with any appropriation of the 5 department of health and the office of 6 medicaid inspector general and may be 7 increased or decreased by transfer or 8 suballocation between these appropriated 9 amounts and appropriations of the office 10 of mental health, office for people with 11 developmental disabilities, the office of 12 addiction services and supports, the 13 department of family assistance office of 14 temporary and disability assistance, 15 office of children and family services, 16 the department of financial services, 17 department of corrections and community 18 supervision, the office of information 19 technology services, the state university 20 of New York, the state education depart- 21 ment, and the state office for the aging 22 with the approval of the director of the 23 budget, who shall file such approval with 24 the department of audit and control and 25 copies thereof with the chairman of the 26 senate finance committee and the chairman 27 of the assembly ways and means committee. 28 Notwithstanding any inconsistent provision 29 of law, in lieu of payments authorized by 30 the social services law, or payments of 31 federal funds otherwise due to the local 32 social services districts for programs 33 provided under the federal social security 34 act or the federal food stamp act, funds 35 herein appropriated, in amounts certified 36 by the state commissioner of temporary and 37 disability assistance or the state commis- 38 sioner of health as due from local social 39 services districts each month as their 40 share of payments made pursuant to section 41 367-b of the social services law may be 42 set aside by the state comptroller in an 43 interest-bearing account in order to 44 ensure the orderly and prompt payment of 45 providers under section 367-b of the 46 social services law pursuant to an esti- 47 mate provided by the commissioner of 48 health of each local social services 49 district's share of payments made pursuant 50 to section 367-b of the social services 51 law. 52 Notwithstanding any inconsistent provision 53 of law to the contrary, funds shall be 54 made available to the commissioner of the 55 office of mental health or the commission- 56 er of the office of addiction services and 
 A. 8270 19 1 supports, in consultation with the commis- 2 sioner of health and approved by the 3 director of the budget, and consistent 4 with appropriations made therefor, to 5 implement allocation adjustment developed 6 by each such commissioner which shall 7 describe mental health or substance use 8 disorder services that should be developed 9 to meet service needs resulting from the 10 reduction of inpatient behavioral health 11 services provided under the medicaid 12 program, by programs licensed pursuant to 13 article 31 or 32 of the mental hygiene 14 law. Such programs may include programs 15 that are licensed pursuant to both article 16 31 of the mental hygiene law and article 17 28 of the public health law, or certified 18 under both article 32 of the mental 19 hygiene law and article 28 of the public 20 health law. 21 Notwithstanding any inconsistent provision 22 of law, the moneys hereby appropriated may 23 be available for payments associated with 24 the resolution by settlement agreement or 25 judgment of rate appeals and/or litigation 26 where the department of health is a party. 27 Notwithstanding any inconsistent 28 provisions of law, no expenditures shall 29 be used for the medical assistance program 30 for any expenses not explicitly authorized 31 in law without the approval of the direc- 32 tor of the budget. 33 For services and expenses of the medical 34 assistance program including hospital 35 inpatient services. 36 Notwithstanding any provision of law to the 37 contrary, the portion of this appropri- 38 ation covering fiscal year 2025-26 shall 39 supersede and replace any duplicative (i) 40 reappropriation for this item covering 41 fiscal year 2025-26, and (ii) appropri- 42 ation for this item covering fiscal year 43 2025-26 set forth in chapter 53 of the 44 laws of 2024 (26947) ........ [289,070,000] 346,884,000 45 For services and expenses of the medical 46 assistance program including hospital 47 outpatient and emergency room services. 48 Notwithstanding any provision of law to the 49 contrary, the portion of this appropri- 50 ation covering fiscal year 2025-26 shall 51 supersede and replace any duplicative (i) 52 reappropriation for this item covering 53 fiscal year 2025-26, and (ii) appropri- 54 ation for this item covering fiscal year 55 2025-26 set forth in chapter 53 of the 56 laws of 2024 (26948) ......... [51,860,000] 62,232,000 
 A. 8270 20 1 For services and expenses of the medical 2 assistance program including clinic 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 (26949) ......... [84,835,000] 101,802,000 13 For services and expenses of the medical 14 assistance program including nursing home 15 services. 16 Notwithstanding any provision of law to the 17 contrary, the portion of this appropri- 18 ation covering fiscal year 2025-26 shall 19 supersede and replace any duplicative (i) 20 reappropriation for this item covering 21 fiscal year 2025-26, and (ii) appropri- 22 ation for this item covering fiscal year 23 2025-26 set forth in chapter 53 of the 24 laws of 2024 (26950) ........ [396,795,000] 476,154,000 25 For services and expenses of the medical 26 assistance program including other long 27 term care services. 28 Notwithstanding any provision of law to the 29 contrary, the portion of this appropri- 30 ation covering fiscal year 2025-26 shall 31 supersede and replace any duplicative (i) 32 reappropriation for this item covering 33 fiscal year 2025-26, and (ii) appropri- 34 ation for this item covering fiscal year 35 2025-26 set forth in chapter 53 of the 36 laws of 2024 (26951) ..... [1,323,939,000] 1,456,333,000 37 For services and expenses of the medical 38 assistance program including managed care 39 services including regional planning 40 activities of the finger lakes health 41 systems agency, including statewide coor- 42 dination and demonstration of best prac- 43 tices. The department shall make grants 44 within amounts appropriated therefor, to 45 assure high-quality and accessible primary 46 care, to provide technical assistance to 47 support financial and business planning 48 for integrated systems of care, and to 49 assist primary care providers in the 50 adoption, implementation, and meaningful 51 use of electronic health record technolo- 52 gy. 53 Notwithstanding any provision of law to the 54 contrary, the portion of this appropri- 55 ation covering fiscal year 2025-26 shall 56 supersede and replace any duplicative (i) 
 A. 8270 21 1 reappropriation for this item covering 2 fiscal year 2025-26, and (ii) appropri- 3 ation for this item covering fiscal year 4 2025-26 set forth in chapter 53 of the 5 laws of 2024 (26952) ..... [1,508,290,000] 1,659,119,000 6 For services and expenses of the medical 7 assistance program including pharmacy 8 services, provided, however, that no funds 9 shall be made available pursuant to this 10 appropriation for any drug not explicitly 11 authorized in any heretofore enacted law, 12 rule, or regulation without approval from 13 the director of the budget. 14 Notwithstanding any provision of law to the 15 contrary, the portion of this appropri- 16 ation covering fiscal year 2025-26 shall 17 supersede and replace any duplicative (i) 18 reappropriation for this item covering 19 fiscal year 2025-26, and (ii) appropri- 20 ation for this item covering fiscal year 21 2025-26 set forth in chapter 53 of the 22 laws of 2024 (26953) ........ [463,080,000] 555,696,000 23 For services and expenses of the medical 24 assistance program including transporta- 25 tion services. 26 Notwithstanding any provision of law to the 27 contrary, the portion of this appropri- 28 ation covering fiscal year 2025-26 shall 29 supersede and replace any duplicative (i) 30 reappropriation for this item covering 31 fiscal year 2025-26, and (ii) appropri- 32 ation for this item covering fiscal year 33 2025-26 set forth in chapter 53 of the 34 laws of 2024 (26954) ......... [61,175,000] 73,410,000 35 For services and expenses of the medical 36 assistance program including dental 37 services. 38 Notwithstanding any provision of law to the 39 contrary, the portion of this appropri- 40 ation covering fiscal year 2025-26 shall 41 supersede and replace any duplicative (i) 42 reappropriation for this item covering 43 fiscal year 2025-26, and (ii) appropri- 44 ation for this item covering fiscal year 45 2025-26 set forth in chapter 53 of the 46 laws of 2024 (26955) .......... [7,110,000] 8,532,000 47 For services and expenses of the medical 48 assistance program including noninstitu- 49 tional and other spending. 50 The money hereby appropriated is available 51 for payment of liabilities heretofore 52 accrued or hereafter accrued. 53 Notwithstanding any provision of law to the 54 contrary, the portion of this appropri- 55 ation covering fiscal year 2025-26 shall 56 supersede and replace any duplicative (i) 
 A. 8270 22 1 reappropriation for this item covering 2 fiscal year 2025-26, and (ii) appropri- 3 ation for this item covering fiscal year 4 2025-26 set forth in chapter 53 of the 5 laws of 2024 (26956) ........ [688,155,000] 825,786,000 6 For services and expenses of the medical 7 assistance program including medical 8 services provided at state facilities 9 operated by the office of mental health, 10 the office for people with developmental 11 disabilities and the office of addiction 12 services and supports. 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 (26961) ........ [417,000,000] 500,400,000 22 -------------- 23 § 6. Section 6 of chapter 113 of the laws of 2025, relating to making 24 appropriations for the support of government, as amended by chapter 125 25 of the laws of 2025, is amended to read as follows: 26 § 6. The amounts specified in this section, or so much thereof as 27 shall be sufficient to accomplish the purposes designated, is hereby 28 appropriated and authorized to be paid as hereinafter provided, to the 29 public officers and for the purposes specified, which amount shall be 30 available for the state fiscal year beginning April 1, 2025. 31 DEPARTMENT OF LABOR 32 AID TO LOCALITIES 33 UNEMPLOYMENT INSURANCE BENEFIT PROGRAM .... [975,000,000] 1,140,000,000 34 -------------- 35 Enterprise Funds 36 Unemployment Insurance Benefit Fund 37 Unemployment Insurance Benefit Account - 50650 38 For payment of unemployment insurance bene- 39 fits pursuant to article 18 of the labor 40 law or as authorized by the federal 41 government through the disaster unemploy- 42 ment assistance program, the emergency 43 unemployment compensation program, the 44 extended benefit program, the federal 45 additional compensation program or any 46 other federally funded unemployment bene- 47 fit program (34787) ........ [975,000,000] 1,140,000,000 
 A. 8270 23 1 § 7. Section 11 of chapter 119 of the laws of 2025, relating to making 2 appropriations for the support of government, as amended by chapter 125 3 of the laws of 2025, is amended to read as follows: 4 § 11. 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 MENTAL HYGIENE 10 OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES 11 AID TO LOCALITIES 12 COMMUNITY SERVICES PROGRAM ................. [428,257,000] 433,306,000 13 -------------- 14 General Fund 15 Local Assistance Account - 10000 16 For services and expenses of the community 17 services program, net of disallowances, 18 for community programs for people with 19 developmental disabilities pursuant to 20 article 41 of the mental hygiene law, 21 and/or chapter 620 of the laws of 1974, 22 chapter 660 of the laws of 1977, chapter 23 412 of the laws of 1981, chapter 27 of the 24 laws of 1987, chapter 729 of the laws of 25 1989, chapter 329 of the laws of 1993 and 26 other provisions of the mental hygiene 27 law. Notwithstanding any inconsistent 28 provision of law, the following appropri- 29 ation shall be net of prior and/or current 30 year refunds, rebates, reimbursements, and 31 credits. 32 Notwithstanding any other provision of law, 33 advances and reimbursement made pursuant 34 to subdivision (d) of section 41.15 and 35 section 41.18 of the mental hygiene law 36 shall be allocated pursuant to a plan and 37 in a manner prescribed by the agency head 38 and approved by the director of the budg- 39 et. The moneys hereby appropriated are 40 available to reimburse or advance locali- 41 ties and voluntary non-profit agencies for 42 expenditures made during local fiscal 43 periods commencing January 1, 2025, April 44 1, 2025 or July 1, 2025, and for advances 45 for the 3 month period beginning January 46 1, 2026. 47 Notwithstanding the provisions of article 41 48 of the mental hygiene law or any other 49 inconsistent provision of law, rule or 50 regulation, the commissioner, pursuant to 51 such contract and in the manner provided 
 A. 8270 24 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. 8270 25 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 inconsistent provision 50 of law, the director of the budget is 51 authorized to make suballocations from 52 this appropriation to the department of 53 health medical assistance program. 54 Notwithstanding any inconsistent provision 55 of law, and pursuant to criteria estab- 56 lished by the commissioner of the office 
 A. 8270 26 1 for people with developmental disabilities 2 and approved by the director of the budg- 3 et, expenditures may be made from this 4 appropriation for residential facilities 5 which are pending recertification as 6 intermediate care facilities for people 7 with developmental disabilities. 8 Notwithstanding the provisions of section 9 41.36 of the mental hygiene law and any 10 other inconsistent provision of law, 11 moneys from this appropriation may be used 12 for payment up to $250 per year per 13 client, at such times and in such manner 14 as determined by the commissioner on the 15 basis of financial need for the personal 16 needs of each client residing in voluntar- 17 y-operated community residences and volun- 18 tary-operated community residential alter- 19 natives, including individualized 20 residential alternatives under the home 21 and community based services waiver. The 22 commissioner shall, subject to the 23 approval of the director of the budget, 24 alter existing advance payment schedules 25 for voluntary-operated community resi- 26 dences established pursuant to section 27 41.36 of the mental hygiene law. 28 Notwithstanding any inconsistent provision 29 of law, moneys from this appropriation may 30 be used for the operation of clinics 31 licensed pursuant to article 16 of the 32 mental hygiene law including, but not 33 limited to, supportive and habilitative 34 services consistent with the home and 35 community based services waiver. 36 For the state share of medical assistance 37 services expenses incurred by the depart- 38 ment of health for the provision of 39 medical assistance services to people with 40 developmental disabilities (37835) ......... 369,352,000 41 For services and expenses of the community 42 services program, net of disallowances, 43 for community programs for people with 44 developmental disabilities pursuant to 45 article 41 of the mental hygiene law, 46 and/or chapter 620 of the laws of 1974, 47 chapter 660 of the laws of 1977, chapter 48 412 of the laws of 1981, chapter 27 of the 49 laws of 1987, chapter 729 of the laws of 50 1989, chapter 329 of the laws of 1993 and 51 other provisions of the mental hygiene 52 law. Notwithstanding any inconsistent 53 provision of law, the following appropri- 54 ation shall be net of prior and/or current 55 year refunds, rebates, reimbursements, and 56 credits. 
 A. 8270 27 1 Notwithstanding any other provision of law, 2 advances and reimbursement made pursuant 3 to subdivision (d) of section 41.15 and 4 section 41.18 of the mental hygiene law 5 shall be allocated pursuant to a plan and 6 in a manner prescribed by the agency head 7 and approved by the director of the budg- 8 et. The moneys hereby appropriated are 9 available to reimburse or advance locali- 10 ties and voluntary non-profit agencies for 11 expenditures made during local fiscal 12 periods commencing January 1, 2025, April 13 1, 2025 or July 1, 2025, and for advances 14 for the 3 month period beginning January 15 1, 2026. 16 Notwithstanding the provisions of article 41 17 of the mental hygiene law or any other 18 inconsistent provision of law, rule or 19 regulation, the commissioner, pursuant to 20 such contract and in the manner provided 21 therein, may pay all or a portion of the 22 expenses incurred by such voluntary agen- 23 cies arising out of loans which are funded 24 from the proceeds of bonds and notes 25 issued by the dormitory authority of the 26 state of New York. 27 Notwithstanding any other provision of law, 28 the money hereby appropriated may be 29 transferred to state operations and/or any 30 appropriation of the office for people 31 with developmental disabilities with the 32 approval of the director of the budget. 33 Notwithstanding any inconsistent provision 34 of law, moneys from this appropriation may 35 be used for state aid of up to 100 percent 36 of the net deficit costs of day training 37 programs and family support services. 38 Notwithstanding the provisions of section 39 16.23 of the mental hygiene law and any 40 other inconsistent provision of law, with 41 relation to the operation of certified 42 family care homes, including family care 43 homes sponsored by voluntary not-for-pro- 44 fit agencies, moneys from this appropri- 45 ation may be used for payments to purchase 46 general services including but not limited 47 to respite providers, up to a maximum of 48 14 days, at rates to be established by the 49 commissioner and approved by the director 50 of the budget in consideration of factors 51 including, but not limited to, geographic 52 area and number of clients cared for in 53 the home and for payment in an amount 54 determined by the commissioner for the 55 personal needs of each client residing in 56 the family care home. 
 A. 8270 28 1 Notwithstanding the provisions of subdivi- 2 sion 12 of section 8 of the state finance 3 law and any other inconsistent provision 4 of law, moneys from this appropriation may 5 be used for expenses of family care homes 6 including payments to operators of certi- 7 fied family care homes for damages caused 8 by clients to personal and real property 9 in accordance with standards established 10 by the commissioner and approved by the 11 director of the budget. 12 Notwithstanding any inconsistent provision 13 of law, moneys from this appropriation may 14 be used for appropriate day program 15 services and residential services includ- 16 ing, but not limited to, direct housing 17 subsidies to individuals, start-up 18 expenses for family care providers, envi- 19 ronmental modifications, adaptive technol- 20 ogies, appraisals, property options, 21 feasibility studies and preoperational 22 expenses. 23 Notwithstanding any inconsistent provision 24 of law except pursuant to a chapter of the 25 laws of 2024 authorizing a 2.84 percent 26 cost of living adjustment, for the period 27 commencing on April 1, 2024 and ending 28 March 31, 2025 the commissioner shall not 29 apply any other cost of living adjustment 30 for the purpose of establishing rates of 31 payments, contracts or any other form of 32 reimbursement; provided that this shall 33 not prevent the commissioner from applying 34 prior adjustments for the purpose of 35 establishing rates resulting from a rebas- 36 ing of base year costs. 37 Notwithstanding section 6908 of the educa- 38 tion law and any other provision of law, 39 rule or regulation to the contrary, direct 40 support staff in programs certified or 41 approved by the office for people with 42 developmental disabilities, including the 43 home and community based services waiver 44 programs that the office for people with 45 developmental disabilities is authorized 46 to administer with federal approval pursu- 47 ant to subdivision (c) of section 1915 of 48 the federal social security act, are 49 authorized to provide such tasks as OPWDD 50 may specify when performed under the 51 supervision, training and periodic 52 inspection of a registered professional 53 nurse and in accordance with an authorized 54 practitioner's ordered care. 55 Notwithstanding any other provision of law 56 to the contrary, and consistent with 
 A. 8270 29 1 section 33.07 of the mental hygiene law, 2 the directors of facilities licensed but 3 not operated by the office for people with 4 developmental disabilities who act as 5 federally-appointed representative payees 6 and who assume management responsibility 7 over the funds of a resident may continue 8 to use such funds for the cost of the 9 resident's care and treatment, consistent 10 with federal law and regulations. 11 Funds appropriated herein shall be available 12 in accordance with the following: 13 Notwithstanding any other provision of law 14 to the contrary, funds appropriated herein 15 are available to reimburse in- and out-of- 16 state private residential schools, pursu- 17 ant to subdivision (c) of section 13.37-a 18 and subdivision (g) of section 13.38 of 19 the mental hygiene law, for costs of 20 supporting the residential and day program 21 services available to individuals who are 22 over the age of 21 years of age, provided 23 that the amount paid for residential 24 services and/or maintenance costs is net 25 of any supplemental security income bene- 26 fit to which the individual receiving 27 services is eligible, and provided further 28 that funding for nonresidential services 29 will be in an amount not to exceed the 30 maximum reimbursement for appropriate day 31 services delivered by the office for 32 people with developmental disabilities 33 certified or approved providers other than 34 in- and out-of-state private residential 35 schools, unless otherwise authorized by 36 the director of the budget. 37 Notwithstanding section 163 of the state 38 finance law, section 142 of the economic 39 development law, and article 41 of the 40 mental hygiene law, the commissioner of 41 the office for people with developmental 42 disabilities may make the funds appropri- 43 ated herein available as state aid, a loan 44 or a grant, pursuant to terms and condi- 45 tions established by the commissioner of 46 the office for people with developmental 47 disabilities, to cover a portion of the 48 development costs of private, public 49 and/or non-profit organizations, including 50 corporations and partnerships established 51 pursuant to the private housing finance 52 law and/or any other statutory provisions, 53 for supportive housing units that have 54 been set aside for individuals with intel- 55 lectual and developmental disabilities. 
 A. 8270 30 1 Further, the office for people with develop- 2 mental disabilities shall have a lien on 3 the real property developed with such 4 state aid, loans or grants, which shall be 5 in the amount of the loan or grant, for a 6 maximum term of 30 years, or other longer 7 term consistent with the requirements of 8 another regulatory agency. 9 For services and expenses related to the 10 provision of residential services to 11 people with developmental disabilities 12 (37802) ..................... [34,195,000] 37,126,000 13 For services and expenses related to the 14 provision of day program services to 15 people with developmental disabilities 16 (37803) ...................... [8,400,000] 9,120,000 17 For services and expenses related to the 18 provision of family support services to 19 people with developmental disabilities 20 (37804) ...................... [9,450,000] 10,260,000 21 For services and expenses related to the 22 provision of workshop, day training and 23 employment services to people with devel- 24 opmental disabilities. Notwithstanding any 25 other provision of law, up to $800,000 of 26 this appropriation may be transferred to 27 the New York State Education Departments' 28 Adult Career and Continuing Education 29 Services - Vocational Rehabilitation 30 (ACCES-VR) program to support the Long- 31 Term Sheltered Employment program operated 32 by FEDCAP Rehabilitation Services, Inc. 33 (37805) ...................... [5,460,000] 5,928,000 34 For other services and expenses provided to 35 people with developmental disabilities 36 including but not limited to hepatitis B, 37 care at home waiver, epilepsy services, 38 Special Olympics New York, Inc. and volun- 39 tary fingerprinting (37806) .. [1,400,000] 1,520,000 40 -------------- 41 § 8. Section 8 of chapter 113 of the laws of 2025, relating to making 42 appropriations for the support of government, as amended by chapter 125 43 of the laws of 2025, is amended to read as follows: 44 § 8. The amounts specified in this section, or so much thereof as 45 shall be sufficient to accomplish the purposes designated, is hereby 46 appropriated and authorized to be paid as hereinafter provided, to the 47 public officers and for the purposes specified, which amount shall be 48 available for the state fiscal year beginning April 1, 2025. 49 DEPARTMENT OF VETERANS' SERVICES 50 AID TO LOCALITIES 51 BLIND VETERAN ANNUITY ASSISTANCE PROGRAM ....................... 385,000 52 -------------- 
 A. 8270 31 1 General Fund 2 Local Assistance Account - 10000 3 For payment of annuities to blind veterans 4 and eligible surviving spouses. Up to 5 $15,000 of this appropriation may be 6 transferred to state operations for admin- 7 istrative costs associated with this 8 program (54606) ................................ 385,000 9 VETERANS' BENEFITS ADVISING PROGRAM ............. [490,000] 532,000 10 -------------- 11 Special Revenue Funds - Other 12 Homeless Veterans Assistance Fund 13 Homeless Veterans Assistance Account - 20204 14 For services and expenses related to home- 15 less veterans' housing (54815) .. [490,000] 532,000 16 § 9. No expenditure may be made from any appropriation in this act, 17 until a certificate of approval has been issued by the director of the 18 budget and a copy of such certificate shall have been filed with the 19 state comptroller, the chairman of the senate finance committee and the 20 chairman of the assembly ways and means committee provided, however, 21 that any expenditures from any appropriation in this act made by the 22 legislature or judiciary shall not require such certificate. 23 § 10. All expenditures and disbursements made against the appropri- 24 ations in this act shall, upon final action by the legislature on appro- 25 priation bills submitted by the governor pursuant to article VII of the 26 state constitution for the support of government for the state fiscal 27 year beginning April 1, 2025, be transferred by the comptroller as 28 expenditures and disbursements to such appropriations for all state 29 departments and agencies, as applicable, in amounts equal to the amounts 30 charged against the appropriations in this act for each such department, 31 agency, and the legislature and the judiciary. 32 § 11. Severability clause. If any clause, sentence, paragraph, subdi- 33 vision, section or part of this act shall be adjudged by any court of 34 competent jurisdiction to be invalid, such judgment shall not affect, 35 impair, or invalidate the remainder thereof, but shall be confined in 36 its operation to the clause, sentence, paragraph, subdivision, section 37 or part thereof directly involved in the controversy in which such judg- 38 ment shall have been rendered. It is hereby declared to be the intent of 39 the legislature that this act would have been enacted even if such 40 invalid provisions had not been included herein. 41 § 12. This act shall take effect immediately and shall be deemed to 42 have been in full force and effect on and after April 1, 2025; provided, 43 however, that upon the transfer of expenditures and disbursements by the 44 comptroller as provided in section ten of this act, the appropriations 45 made by this act and subject to such section shall be deemed repealed.