A 8282: Provides for emergency appropriation through May 9, 2025 for the support of government.

  
  STATE OF NEW YORK ________________________________________________________________________ 8282 2025-2026 Regular Sessions  IN ASSEMBLY May 8, 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 125 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. LBD12014-01-5 
 A. 8282 2 1 incurred prior to April 1, 2025, on the 2 payrolls scheduled to be paid during the 3 period April 1 through May [7] 9, 2025 to 4 state officers and employees of the execu- 5 tive branch, including the governor, lieu- 6 tenant governor, comptroller, and attorney 7 general, and to employees of the legisla- 8 ture. This appropriation also includes 9 payments for services performed by mental- 10 ly ill or developmentally disabled persons 11 who are employed in state-operated special 12 employment, work-for-pay or sheltered 13 workshop programs ........................ 1,978,430,000 14 -------------- 15 § 3. Section 3 of chapter 113 of the laws of 2025, relating to making 16 appropriations for the support of government, as amended by chapter 126 17 of the laws of 2025, is amended to read as follows: 18 § 3. The amount specified in this section, or so much thereof as shall 19 be sufficient to accomplish the purpose designated, is hereby appropri- 20 ated and authorized to be paid as hereinafter provided, to the public 21 officers and for the purpose specified, which amount shall be available 22 for the state fiscal year beginning April 1, 2025. 23 ALL STATE DEPARTMENTS AND AGENCIES 24 For the payment of state operations non 25 personal service liabilities to the execu- 26 tive branch, including the comptroller, 27 and the attorney general, and legislature, 28 incurred in the ordinary course of busi- 29 ness, during the period April 1 through 30 May [7] 9, 2025, pursuant to existing 31 state law and for purposes for which the 32 legislature authorized the expenditure of 33 moneys during the 2024-2025 state fiscal 34 year; provided, however, that nothing 35 contained herein shall be deemed to limit 36 or restrict the power or authority of 37 state departments or agencies to conduct 38 their activities or operations in accord- 39 ance with existing law, and further 40 provided that nothing contained herein 41 shall be deemed to supersede, nullify or 42 modify the provisions of section 40 of the 43 state finance law prescribing when appro- 44 priations made for the 2024-2025 state 45 fiscal year shall have ceased to have 46 force and effect ............................ 34,000,000 47 -------------- 48 § 4. Section 5 of chapter 118 of the laws of 2025, relating to making 49 appropriations for the support of government, as amended by chapter 126 50 of the laws of 2025, is amended to read as follows: 51 § 5. The amounts specified in this section, or so much thereof as 52 shall be sufficient to accomplish the purposes designated, is hereby 53 appropriated and authorized to be paid as hereinafter provided, to the 
 A. 8282 3 1 public officers and for the purposes specified, which amount shall be 2 available for the state fiscal year beginning April 1, 2025. 3 JUDICIARY 4 For the purpose of making payments for 5 personal service, including liabilities 6 incurred prior to April 1, 2025, on the 7 payrolls scheduled to be paid during the 8 period April 1 through May [7] 9, 2025 to 9 officers and employees of the judiciary .... 265,000,000 10 For the payment of state operations nonper- 11 sonal service liabilities, the sum of 12 twenty-five million dollars ($25,000,000), 13 or so much thereof as shall be sufficient 14 to accomplish the purpose designated, is 15 hereby appropriated to the judiciary out 16 of any moneys in the general fund or other 17 funds to the credit of the state purposes 18 account not otherwise appropriated. The 19 comptroller is hereby authorized and 20 directed to utilize this appropriation for 21 the purpose of making payments for nonper- 22 sonal service liabilities incurred by the 23 judiciary from April 1 through May [7] 9, 24 2025 ........................................ 25,000,000 25 For the payment of aid to localities liabil- 26 ities, the sum of thirty million dollars 27 ($30,000,000), or so much thereof as shall 28 be sufficient to accomplish the purpose 29 designated, is hereby appropriated to the 30 judiciary out of any moneys in the general 31 fund or other funds to the credit of the 32 state purposes account not otherwise 33 appropriated. The comptroller is hereby 34 authorized and directed to utilize this 35 appropriation for the purpose of making 36 payments for aid to localities liabilities 37 incurred by the judiciary from April 1 38 through May [7] 9, 2025 ..................... 30,000,000 39 For the payment of employee fringe benefit 40 programs including, but not limited to, 41 the judiciary's contributions to the 42 health insurance fund, the employees' 43 retirement system pension accumulation 44 fund, the social security contribution 45 fund, employee benefit fund programs, the 46 dental insurance plan, the vision care 47 plan, the unemployment insurance fund, and 48 for workers' compensation benefits, the 49 sum of three hundred million dollars 50 ($300,000,000), or so much thereof as 51 shall be sufficient to accomplish the 52 purpose designated, is hereby appropriated 53 to the judiciary out of any moneys in the 54 general fund or other funds to the credit 
 A. 8282 4 1 of the state purposes account not other- 2 wise appropriated. The comptroller is 3 hereby authorized and directed to utilize 4 this appropriation for the purpose of 5 making payments for employee fringe bene- 6 fit liabilities incurred by the judiciary 7 from April 1 through May [7] 9, 2025 ....... 300,000,000 8 -------------- 9 § 5. Section 5 of chapter 113 of the laws of 2025, relating to making 10 appropriations for the support of government, as amended by chapter 126 11 of the laws of 2025, is amended to read as follows: 12 § 5. The amounts specified in this section, or so much thereof as 13 shall be sufficient to accomplish the purposes designated, is hereby 14 appropriated and authorized to be paid as hereinafter provided, to the 15 public officers and for the purposes specified, which amount shall be 16 available for the state fiscal year beginning April 1, 2025. 17 DEPARTMENT OF HEALTH 18 AID TO LOCALITIES 19 CENTER FOR COMMUNITY HEALTH PROGRAM ......... [47,660,000] 48,730,000 20 -------------- 21 General Fund 22 Local Assistance Account - 10000 23 For services and expenses related to the 24 Indian health program. The money hereby 25 appropriated shall be for payment of 26 financial assistance heretofore accrued or 27 hereafter to accrue (26840) .................. 7,000,000 28 -------------- 29 Special Revenue Funds - Federal 30 Federal USDA-Food and Nutrition Services Fund 31 Federal Food and Nutrition Services Account - 25022 32 For various federal food and nutritional 33 services. The moneys hereby appropriated 34 shall be available for payment of finan- 35 cial assistance heretofore accrued (26986) 36 ............................. [40,660,000] 41,730,000 37 -------------- 38 CHILD HEALTH INSURANCE PROGRAM ............................. 109,366,000 39 -------------- 40 Special Revenue Funds - Other 41 HCRA Resources Fund 42 Children's Health Insurance Account - 20810 43 The money hereby appropriated is available 44 for payment of aid heretofore accrued or 45 hereafter accrued. 
 A. 8282 5 1 Notwithstanding any other provision of law, 2 the money hereby appropriated may be 3 increased or decreased by transfer or 4 suballocation to appropriations of the 5 office of temporary and disability assist- 6 ance, for the reimbursement of local 7 district administrative costs related to 8 children newly enrolled in medicaid whose 9 household income is between 100 percent 10 and 133 percent of the federal poverty 11 level. 12 Notwithstanding any provision of law to the 13 contrary, the amounts appropriated herein 14 shall be net of refunds, rebates, 15 reimbursements, credits, repayments, 16 and/or disallowances. 17 For services and expenses related to the 18 children's health insurance program 19 authorized pursuant to title 1-A of arti- 20 cle 25 of the public health law (26931) .... 109,366,000 21 -------------- 22 ELDERLY PHARMACEUTICAL INSURANCE COVERAGE PROGRAM ............ 1,520,000 23 -------------- 24 Special Revenue Funds - Other 25 HCRA Resources Fund 26 EPIC Premium Account - 20818 27 For services and expenses of the program for 28 elderly pharmaceutical insurance coverage, 29 including reimbursement to pharmacies 30 participating in such program. 31 The moneys hereby appropriated shall be 32 available for payment of financial assist- 33 ance heretofore accrued (26803) .............. 1,520,000 34 MEDICAL ASSISTANCE PROGRAM ............................... 8,652,436,000 35 -------------- 36 General Fund 37 Local Assistance Account - 10000 38 For the medical assistance program, includ- 39 ing administrative expenses, for local 40 social services districts, and for medical 41 care rates for authorized child care agen- 42 cies. 43 Notwithstanding section 40 of the state 44 finance law or any provision of law to the 45 contrary, subject to federal approval, 46 department of health state funds medicaid 47 spending, excluding payments for medical 48 services provided at state facilities 49 operated by the office of mental health, 
 A. 8282 6 1 the office for people with developmental 2 disabilities and the office of addiction 3 services and supports and further exclud- 4 ing any payments which are not appropri- 5 ated within the department of health, in 6 the aggregate, for the period April 1, 7 2025 through March 31, 2026, shall not 8 exceed $33,417,285,000 except as provided 9 below provided, however, such aggregate 10 limits may be adjusted by the director of 11 the budget to account for any changes in 12 the New York state federal medical assist- 13 ance percentage amount established pursu- 14 ant to the federal social security act, 15 increases in provider revenues, reductions 16 in local social services district payments 17 for medical assistance administration, 18 minimum wage increases, and beginning 19 April 1, 2012 the operational costs of the 20 New York state medical indemnity fund, 21 pursuant to chapter 59 of the laws of 22 2011, and state costs or savings from the 23 essential plan program. Such projections 24 may be adjusted by the director of the 25 budget to account for increased or expe- 26 dited department of health state funds 27 medicaid expenditures as a result of a 28 natural or other type of disaster, includ- 29 ing a governmental declaration of emergen- 30 cy. 31 The director of the budget, in consultation 32 with the commissioner of health, shall 33 assess on a quarterly basis known and 34 projected medicaid expenditures by catego- 35 ry of service and by geographic region, as 36 defined by the commissioner, incurred both 37 prior to and subsequent to such assessment 38 for each such period, and if the director 39 of the budget determines that such expend- 40 itures are expected to cause medicaid 41 spending for such period to exceed the 42 aggregate limit specified herein for such 43 period, the state medicaid director, in 44 consultation with the director of the 45 budget and the commissioner of health, 46 shall develop a medicaid savings allo- 47 cation adjustment to limit such spending 48 to the aggregate limit specified herein 49 for such period. 50 Such medicaid savings allocation adjustment 51 shall be designed, to reduce the expendi- 52 tures authorized by the appropriations 53 herein in compliance with the following 54 guidelines: (1) reductions shall be made 55 in compliance with applicable federal law, 56 including the provisions of the Patient 
 A. 8282 7 1 Protection and Affordable Care Act, Public 2 Law No. 111-148, and the Health Care and 3 Education Reconciliation Act of 2010, 4 Public Law No. 111-152 (collectively 5 "Affordable Care Act") and any subsequent 6 amendments thereto or regulations promul- 7 gated thereunder; (2) reductions shall be 8 made in a manner that complies with the 9 state medicaid plan approved by the feder- 10 al centers for medicare and medicaid 11 services, provided, however, that the 12 commissioner of health is authorized to 13 submit any state plan amendment or seek 14 other federal approval, including waiver 15 authority, to implement the provisions of 16 the medicaid savings allocation adjustment 17 that meets the other criteria set forth 18 herein; (3) reductions shall be made in a 19 manner that maximizes federal financial 20 participation, to the extent practicable, 21 including any federal financial partic- 22 ipation that is available or is reasonably 23 expected to become available, in the 24 discretion of the commissioner, under the 25 Affordable Care Act; (4) reductions shall 26 be made uniformly among categories of 27 services and geographic regions of the 28 state, to the extent practicable, and 29 shall be made uniformly within a category 30 of service, to the extent practicable, 31 except where the commissioner determines 32 that there are sufficient grounds for 33 non-uniformity, including but not limited 34 to: the extent to which specific catego- 35 ries of services contributed to department 36 of health medicaid state funds spending in 37 excess of the limits specified herein; the 38 need to maintain safety net services in 39 underserved communities; or the potential 40 benefits of pursuing innovative payment 41 models contemplated by the Affordable Care 42 Act, in which case such grounds shall be 43 set forth in the medicaid savings allo- 44 cation adjustment; and (5) reductions 45 shall be made in a manner that does not 46 unnecessarily create administrative 47 burdens to medicaid applicants and recipi- 48 ents or providers. 49 The commissioner shall seek the input of the 50 legislature, as well as organizations 51 representing health care providers, 52 consumers, businesses, workers, health 53 insurers, and others with relevant exper- 54 tise, in developing such medicaid savings 55 allocation adjustment, to the extent that 56 all or part of such adjustment, in the 
 A. 8282 8 1 discretion of the commissioner, is likely 2 to have a material impact on the overall 3 medicaid program, particular categories of 4 service or particular geographic regions 5 of the state. 6 (a) The commissioner shall post the medicaid 7 savings allocation adjustment on the 8 department of health's website and shall 9 provide written copies of such adjustment 10 to the chairs of the senate finance and 11 the assembly ways and means committees at 12 least 30 days before the date on which 13 implementation is expected to begin. 14 (b) The commissioner may revise the medicaid 15 savings allocation adjustment subsequent 16 to the provisions of notice and prior to 17 implementation but needs to provide a new 18 notice pursuant to subparagraph (i) of 19 this paragraph only if the commissioner 20 determines, in his or her discretion, that 21 such revisions materially alter the 22 adjustment. 23 Notwithstanding the provisions of paragraphs 24 (a) and (b) of this subdivision, the 25 commissioner need not seek the input 26 described in paragraph (a) of this subdi- 27 vision or provide notice pursuant to para- 28 graph (b) of this subdivision if, in the 29 discretion of the commissioner, expedited 30 development and implementation of a medi- 31 caid savings allocation adjustment is 32 necessary due to a public health emergen- 33 cy. 34 For purposes of this section, a public 35 health emergency is defined as: (i) a 36 disaster, natural or otherwise, that 37 significantly increases the immediate need 38 for health care personnel in an area of 39 the state; (ii) an event or condition that 40 creates a widespread risk of exposure to a 41 serious communicable disease, or the 42 potential for such widespread risk of 43 exposure; or (iii) any other event or 44 condition determined by the commissioner 45 to constitute an imminent threat to public 46 health. 47 Nothing in this paragraph shall be deemed to 48 prevent all or part of such medicaid 49 savings allocation adjustment from taking 50 effect retroactively to the extent permit- 51 ted by the federal centers for medicare 52 and medicaid services. 53 In accordance with the medicaid savings 54 allocation adjustment, the commissioner of 55 the department of health shall reduce 56 department of health state funds medicaid 
 A. 8282 9 1 spending by the amount of the projected 2 overspending through, actions including, 3 but not limited to modifying or suspending 4 reimbursement methods, including but not 5 limited to all fees, premium levels and 6 rates of payment, notwithstanding any 7 provision of law that sets a specific 8 amount or methodology for any such 9 payments or rates of payment; modifying or 10 discontinuing medicaid program benefits; 11 seeking all necessary federal approvals, 12 including, but not limited to waivers, 13 waiver amendments; and suspending time 14 frames for notice, approval or certif- 15 ication of rate requirements, notwith- 16 standing any provision of law, rule or 17 regulation to the contrary, including but 18 not limited to sections 2807 and 3614 of 19 the public health law, section 18 of chap- 20 ter 2 of the laws of 1988, and 18 NYCRR 21 505.14(h). 22 The department of health shall prepare a 23 quarterly report that sets forth: (a) 24 known and projected department of health 25 medicaid expenditures as described in 26 subdivision (1) of this section, and 27 factors that could result in medicaid 28 disbursements for the relevant state 29 fiscal year to exceed the projected 30 department of health state funds disburse- 31 ments in the enacted budget financial plan 32 pursuant to subdivision 3 of section 23 of 33 the state finance law, including spending 34 increases or decreases due to: enrollment 35 fluctuations, rate changes, utilization 36 changes, MRT investments, and shift of 37 beneficiaries to managed care; and vari- 38 ations in offline medicaid payments; and 39 (b) the actions taken to implement any 40 medicaid savings allocation adjustment 41 implemented pursuant to subdivision (4) of 42 this section, including information 43 concerning the impact of such actions on 44 each category of service and each 45 geographic region of the state. Each such 46 quarterly report shall be provided to the 47 chairs of the senate finance and the 48 assembly ways and means committees and 49 shall be posted on the department of 50 health's website in a timely manner. 51 The money hereby appropriated is to be 52 available for payment of aid heretofore 53 accrued or hereafter accrued to munici- 54 palities, and to providers of medical 55 services pursuant to section 367-b of the 56 social services law, and for payment of 
 A. 8282 10 1 state aid to municipalities and to provid- 2 ers of family care where payment systems 3 through the fiscal intermediaries are not 4 operational. 5 Notwithstanding any inconsistent provision 6 of law to the contrary, funds may be used 7 by the department for outside legal 8 assistance on issues involving the federal 9 government, the conduct of preadmission 10 screening and annual resident reviews 11 required by the state's medicaid program, 12 computer matching with insurance carriers 13 to insure that medicaid is the payer of 14 last resort and activities related to the 15 management of the pharmacy benefit avail- 16 able under the medicaid program. 17 Notwithstanding any inconsistent provision 18 of law, in lieu of payments authorized by 19 the social services law, or payments of 20 federal funds otherwise due to the local 21 social services districts for programs 22 provided under the federal social security 23 act or the federal food stamp act, funds 24 herein appropriated, in amounts certified 25 by the state commissioner of temporary and 26 disability assistance or the state commis- 27 sioner of health as due from local social 28 services districts each month as their 29 share of payments made pursuant to section 30 367-b of the social services law may be 31 set aside by the state comptroller in an 32 interest-bearing account in order to 33 ensure the orderly and prompt payment of 34 providers under section 367-b of the 35 social services law pursuant to an esti- 36 mate provided by the commissioner of 37 health of each local social services 38 district's share of payments made pursuant 39 to section 367-b of the social services 40 law. 41 Notwithstanding any inconsistent provision 42 of law, funding made available by these 43 appropriations shall support direct salary 44 costs and related fringe benefits within 45 the medical assistance program associated 46 with any minimum wage increase that takes 47 effect during the timeframe of these 48 appropriations, pursuant to section 652 of 49 the labor law. Each eligible organization 50 in receipt of funding made available by 51 these appropriations may be required to 52 submit written certification, in such form 53 and at such time the commissioner may 54 prescribe, attesting to the total amount 55 of funds used by the eligible organiza- 56 tion, how such funding will be or was used 
 A. 8282 11 1 for purposes eligible under these appro- 2 priations and any other reporting deemed 3 necessary by the commissioner. The amounts 4 appropriated herein may include advances 5 to organizations authorized to receive 6 such funds to accomplish this purpose. 7 Notwithstanding any other provision of law, 8 the money hereby appropriated may be 9 increased or decreased by interchange or 10 transfer, with any appropriation of the 11 department of health and the office of 12 medicaid inspector general and may be 13 increased or decreased by transfer or 14 suballocation between these appropriated 15 amounts and appropriations of the depart- 16 ment of health state purpose account, the 17 office of mental health, office for people 18 with developmental disabilities, the 19 office of addiction services and supports, 20 the department of family assistance office 21 of temporary and disability assistance, 22 the department of corrections and communi- 23 ty supervision, the office of information 24 technology services, the state university 25 of New York, and office of children and 26 family services, the office of medicaid 27 inspector general, the state education 28 department, and the state office for the 29 aging with the approval of the director of 30 the budget, who shall file such approval 31 with the department of audit and control 32 and copies thereof with the chairman of 33 the senate finance committee and the 34 chairman of the assembly ways and means 35 committee. 36 Notwithstanding any inconsistent provision 37 of law to the contrary, the moneys hereby 38 appropriated may be used for payments to 39 the centers for medicaid and medicare 40 services for obligations incurred related 41 to the pharmaceutical costs of dually 42 eligible medicare/medicaid beneficiaries 43 participating in the medicare drug benefit 44 authorized by P.L. 108-173. 45 Notwithstanding any inconsistent provision 46 of law, the moneys hereby appropriated 47 shall not be used for any existing rates, 48 fees, fee schedule, or procedures which 49 may affect the cost of care and services 50 provided by personal care providers, case 51 managers, health maintenance organiza- 52 tions, out of state medical facilities 53 which provide care and services to resi- 54 dents of the state, providers of transpor- 55 tation services, that are altered, 56 amended, adjusted or otherwise changed by 
 A. 8282 12 1 a local social services district unless 2 previously approved by the department of 3 health and the director of the budget. 4 Notwithstanding any inconsistent provision 5 of law to the contrary, funds shall be 6 made available to the commissioner of the 7 office of mental health or the commission- 8 er of the office of addiction services and 9 supports, in consultation with the commis- 10 sioner of health and approved by the 11 director of the budget, and consistent 12 with appropriations made therefor, to 13 implement allocation adjustment developed 14 by each such commissioner which shall 15 describe mental health or substance use 16 disorder services that should be developed 17 to meet service needs resulting from the 18 reduction of inpatient behavioral health 19 services provided under the medicaid 20 program, by programs licensed pursuant to 21 article 31 or 32 of the mental hygiene 22 law. Such programs may include programs 23 that are licensed pursuant to both article 24 31 of the mental hygiene law and article 25 28 of the public health law, or certified 26 under both article 32 of the mental 27 hygiene law and article 28 of the public 28 health law. 29 Notwithstanding any inconsistent provision 30 of law, the moneys hereby appropriated may 31 be available for payments associated with 32 the resolution by settlement agreement or 33 judgment of rate appeals and/or litigation 34 where the department of health is a party. 35 For services and expenses of the medical 36 assistance program including hospital 37 inpatient services and general hospitals 38 that are safety-net providers that evince 39 severe financial distress, pursuant to 40 criteria determined by the commissioner, 41 shall be eligible for awards for amounts 42 appropriated herein, to enable such 43 providers to maintain operations and vital 44 services while establishing long term 45 solutions to achieve sustainable health 46 services. 47 Notwithstanding any inconsistent provisions 48 of law, no expenditures shall be used for 49 the medical assistance program for any 50 expenses not explicitly authorized in law 51 without the approval of the director of 52 the budget. 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. 8282 13 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 (26947) ....................... 121,200,000 6 For services and expenses of the medical 7 assistance program including hospital 8 outpatient and emergency room services. 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 (26948) ........................ 31,296,000 18 For services and expenses of the medical 19 assistance program including clinic 20 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 (26949) ........................ 57,078,000 30 For services and expenses of the medical 31 assistance program including nursing home 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 (26950) ....................... 152,808,000 42 For services and expenses of the medical 43 assistance program including other long 44 term care 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 (26951) ....................... 774,279,000 54 For services and expenses of the medical 55 assistance program including managed care 56 services including regional planning 
 A. 8282 14 1 activities of the finger lakes health 2 systems agency, including statewide coor- 3 dination and demonstration of best prac- 4 tices. The department shall make grants 5 within amounts appropriated therefor, to 6 assure high-quality and accessible primary 7 care, to provide technical assistance to 8 support financial and business planning 9 for integrated systems of care, and to 10 assist primary care providers in the 11 adoption, implementation, and meaningful 12 use of electronic health record technolo- 13 gy. 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 (26952) ....................... 477,739,000 23 For services and expenses for health homes 24 including grants to health homes. 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 (29548) ........................ 18,096,000 34 For services and expenses of the medical 35 assistance program including pharmacy 36 services provided, however, that no funds 37 shall be made available pursuant to this 38 appropriation for any drug not explicitly 39 authorized in any enacted law, rule, or 40 regulation without approval from the 41 director of the budget. 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 (26953) ....................... 290,856,000 51 For services and expenses of the medical 52 assistance program including transporta- 53 tion 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. 8282 15 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 (26954) ........................ 43,032,000 7 For services and expenses of the medical 8 assistance program including dental 9 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 (26955) ........................... 492,000 19 For services and expenses of the medical 20 assistance program including non-institu- 21 tional and other spending. 22 The money hereby appropriated is available 23 for payment of liabilities heretofore 24 accrued or hereafter accrued. 25 Notwithstanding any inconsistent provision 26 of law, the money hereby appropriated may 27 be available for payments to any county or 28 public school districts associated with 29 additional claims for school supportive 30 health services. 31 Notwithstanding any provision of law to the 32 contrary, the portion of this appropri- 33 ation covering fiscal year 2025-26 shall 34 supersede and replace any duplicative (i) 35 reappropriation for this item covering 36 fiscal year 2025-26, and (ii) appropri- 37 ation for this item covering fiscal year 38 2025-26 set forth in chapter 53 of the 39 laws of 2024 (26956) ....................... 118,812,000 40 For services and expenses of the medical 41 assistance program including medical 42 services provided at state facilities 43 operated by the office of mental health, 44 the office for people with developmental 45 disabilities and the office of addiction 46 services and supports. 47 Notwithstanding any provision of law to the 48 contrary, the portion of this appropri- 49 ation covering fiscal year 2025-26 shall 50 supersede and replace any duplicative (i) 51 reappropriation for this item covering 52 fiscal year 2025-26, and (ii) appropri- 53 ation for this item covering fiscal year 54 2025-26 set forth in chapter 53 of the 55 laws of 2024 (26961) ....................... 500,400,000 56 -------------- 
 A. 8282 16 1 Special Revenue Funds - Federal 2 Federal Health and Human Services Fund 3 Medicaid Direct Account - 25106 4 For services and expenses for the medical 5 assistance program, including administra- 6 tive expenses for local social services 7 districts, pursuant to title XIX of the 8 federal social security act or its succes- 9 sor program. 10 The moneys hereby appropriated are to be 11 available for payment of aid heretofore 12 accrued or hereafter accrued to munici- 13 palities, and to providers of medical 14 services pursuant to section 367-b of the 15 social services law, and for payment of 16 state aid to municipalities and to provid- 17 ers of family care where payment systems 18 through the fiscal intermediaries are not 19 operational. 20 Notwithstanding any inconsistent provision 21 of law, funding made available by these 22 appropriations shall support direct salary 23 costs and related fringe benefits within 24 the medical assistance program associated 25 with any minimum wage increase that takes 26 effect during the timeframe of these 27 appropriations, pursuant to section 652 of 28 the labor law. Each eligible organization 29 in receipt of funding made available by 30 these appropriations may be required to 31 submit written certification, in such form 32 and at such time the commissioner may 33 prescribe, attesting to the total amount 34 of funds used by the eligible organiza- 35 tion, how such funding will be or was used 36 for purposes eligible under these appro- 37 priations and any other reporting deemed 38 necessary by the commissioner. The amounts 39 appropriated herein may include advances 40 to organizations authorized to receive 41 such funds to accomplish this purpose. 42 Notwithstanding any other provision of law, 43 the money hereby appropriated may be 44 increased or decreased by interchange or 45 transfer, with any appropriation of the 46 department of health and the office of 47 medicaid inspector general and may be 48 increased or decreased by transfer or 49 suballocation between these appropriated 50 amounts and appropriations of the office 51 of mental health, office for people with 52 developmental disabilities, the office of 53 addiction services and supports, the 54 department of family assistance office of 55 temporary and disability assistance, 
 A. 8282 17 1 office of children and family services, 2 the department of financial services, 3 department of corrections and community 4 supervision, the office of information 5 technology services, the state university 6 of New York, the state education depart- 7 ment, and the state office for the aging 8 with the approval of the director of the 9 budget, who shall file such approval with 10 the department of audit and control and 11 copies thereof with the chairman of the 12 senate finance committee and the chairman 13 of the assembly ways and means committee. 14 Notwithstanding any inconsistent provision 15 of law, in lieu of payments authorized by 16 the social services law, or payments of 17 federal funds otherwise due to the local 18 social services districts for programs 19 provided under the federal social security 20 act or the federal food stamp act, funds 21 herein appropriated, in amounts certified 22 by the state commissioner of temporary and 23 disability assistance or the state commis- 24 sioner of health as due from local social 25 services districts each month as their 26 share of payments made pursuant to section 27 367-b of the social services law may be 28 set aside by the state comptroller in an 29 interest-bearing account in order to 30 ensure the orderly and prompt payment of 31 providers under section 367-b of the 32 social services law pursuant to an esti- 33 mate provided by the commissioner of 34 health of each local social services 35 district's share of payments made pursuant 36 to section 367-b of the social services 37 law. 38 Notwithstanding any inconsistent provision 39 of law to the contrary, funds shall be 40 made available to the commissioner of the 41 office of mental health or the commission- 42 er of the office of addiction services and 43 supports, in consultation with the commis- 44 sioner of health and approved by the 45 director of the budget, and consistent 46 with appropriations made therefor, to 47 implement allocation adjustment developed 48 by each such commissioner which shall 49 describe mental health or substance use 50 disorder services that should be developed 51 to meet service needs resulting from the 52 reduction of inpatient behavioral health 53 services provided under the medicaid 54 program, by programs licensed pursuant to 55 article 31 or 32 of the mental hygiene 56 law. Such programs may include programs 
 A. 8282 18 1 that are licensed pursuant to both article 2 31 of the mental hygiene law and article 3 28 of the public health law, or certified 4 under both article 32 of the mental 5 hygiene law and article 28 of the public 6 health law. 7 Notwithstanding any inconsistent provision 8 of law, the moneys hereby appropriated may 9 be available for payments associated with 10 the resolution by settlement agreement or 11 judgment of rate appeals and/or litigation 12 where the department of health is a party. 13 Notwithstanding any inconsistent 14 provisions of law, no expenditures shall 15 be used for the medical assistance program 16 for any expenses not explicitly authorized 17 in law without the approval of the direc- 18 tor of the budget. 19 For services and expenses of the medical 20 assistance program including hospital 21 inpatient 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 (26947) ....................... 346,884,000 31 For services and expenses of the medical 32 assistance program including hospital 33 outpatient and emergency room services. 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 (26948) ........................ 62,232,000 43 For services and expenses of the medical 44 assistance program including clinic 45 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 (26949) ....................... 101,802,000 
 A. 8282 19 1 For services and expenses of the medical 2 assistance program including nursing home 3 services. 4 Notwithstanding any provision of law to the 5 contrary, the portion of this appropri- 6 ation covering fiscal year 2025-26 shall 7 supersede and replace any duplicative (i) 8 reappropriation for this item covering 9 fiscal year 2025-26, and (ii) appropri- 10 ation for this item covering fiscal year 11 2025-26 set forth in chapter 53 of the 12 laws of 2024 (26950) ....................... 476,154,000 13 For services and expenses of the medical 14 assistance program including other long 15 term care services. 16 Notwithstanding any provision of law to the 17 contrary, the portion of this appropri- 18 ation covering fiscal year 2025-26 shall 19 supersede and replace any duplicative (i) 20 reappropriation for this item covering 21 fiscal year 2025-26, and (ii) appropri- 22 ation for this item covering fiscal year 23 2025-26 set forth in chapter 53 of the 24 laws of 2024 (26951) ..................... 1,456,333,000 25 For services and expenses of the medical 26 assistance program including managed care 27 services including regional planning 28 activities of the finger lakes health 29 systems agency, including statewide coor- 30 dination and demonstration of best prac- 31 tices. The department shall make grants 32 within amounts appropriated therefor, to 33 assure high-quality and accessible primary 34 care, to provide technical assistance to 35 support financial and business planning 36 for integrated systems of care, and to 37 assist primary care providers in the 38 adoption, implementation, and meaningful 39 use of electronic health record technolo- 40 gy. 41 Notwithstanding any provision of law to the 42 contrary, the portion of this appropri- 43 ation covering fiscal year 2025-26 shall 44 supersede and replace any duplicative (i) 45 reappropriation for this item covering 46 fiscal year 2025-26, and (ii) appropri- 47 ation for this item covering fiscal year 48 2025-26 set forth in chapter 53 of the 49 laws of 2024 (26952) ..................... 1,659,119,000 50 For services and expenses of the medical 51 assistance program including pharmacy 52 services, provided, however, that no funds 53 shall be made available pursuant to this 54 appropriation for any drug not explicitly 55 authorized in any heretofore enacted law, 
 A. 8282 20 1 rule, or regulation without approval from 2 the director of the budget. 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 (26953) ....................... 555,696,000 12 For services and expenses of the medical 13 assistance program including transporta- 14 tion services. 15 Notwithstanding any provision of law to the 16 contrary, the portion of this appropri- 17 ation covering fiscal year 2025-26 shall 18 supersede and replace any duplicative (i) 19 reappropriation for this item covering 20 fiscal year 2025-26, and (ii) appropri- 21 ation for this item covering fiscal year 22 2025-26 set forth in chapter 53 of the 23 laws of 2024 (26954) ........................ 73,410,000 24 For services and expenses of the medical 25 assistance program including dental 26 services. 27 Notwithstanding any provision of law to the 28 contrary, the portion of this appropri- 29 ation covering fiscal year 2025-26 shall 30 supersede and replace any duplicative (i) 31 reappropriation for this item covering 32 fiscal year 2025-26, and (ii) appropri- 33 ation for this item covering fiscal year 34 2025-26 set forth in chapter 53 of the 35 laws of 2024 (26955) ......................... 8,532,000 36 For services and expenses of the medical 37 assistance program including noninstitu- 38 tional and other spending. 39 The money hereby appropriated is available 40 for payment of liabilities heretofore 41 accrued or hereafter accrued. 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 (26956) ....................... 825,786,000 51 For services and expenses of the medical 52 assistance program including medical 53 services provided at state facilities 54 operated by the office of mental health, 55 the office for people with developmental 
 A. 8282 21 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) ....................... 500,400,000 12 -------------- 13 § 6. Section 6 of chapter 113 of the laws of 2025, relating to making 14 appropriations for the support of government, as amended by chapter 126 15 of the laws of 2025, is amended to read as follows: 16 § 6. The amounts specified in this section, or so much thereof as 17 shall be sufficient to accomplish the purposes designated, is hereby 18 appropriated and authorized to be paid as hereinafter provided, to the 19 public officers and for the purposes specified, which amount shall be 20 available for the state fiscal year beginning April 1, 2025. 21 DEPARTMENT OF LABOR 22 AID TO LOCALITIES 23 UNEMPLOYMENT INSURANCE BENEFIT PROGRAM .. [1,140,000,000] 1,155,000,000 24 -------------- 25 Enterprise Funds 26 Unemployment Insurance Benefit Fund 27 Unemployment Insurance Benefit Account - 50650 28 For payment of unemployment insurance bene- 29 fits pursuant to article 18 of the labor 30 law or as authorized by the federal 31 government through the disaster unemploy- 32 ment assistance program, the emergency 33 unemployment compensation program, the 34 extended benefit program, the federal 35 additional compensation program or any 36 other federally funded unemployment bene- 37 fit program (34787) ...... [1,140,000,000] 1,155,000,000 38 § 7. Section 11 of chapter 119 of the laws of 2025, relating to making 39 appropriations for the support of government, as amended by chapter 126 40 of the laws of 2025, is amended to read as follows: 41 § 11. The amounts specified in this section, or so much thereof as 42 shall be sufficient to accomplish the purposes designated, is hereby 43 appropriated and authorized to be paid as hereinafter provided, to the 44 public officers and for the purposes specified, which amount shall be 45 available for the state fiscal year beginning April 1, 2025. 
 A. 8282 22 1 DEPARTMENT OF MENTAL HYGIENE 2 OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES 3 AID TO LOCALITIES 4 COMMUNITY SERVICES PROGRAM ................. [433,306,000] 434,989,000 5 -------------- 6 General Fund 7 Local Assistance Account - 10000 8 For services and expenses of the community 9 services program, net of disallowances, 10 for community programs for people with 11 developmental disabilities pursuant to 12 article 41 of the mental hygiene law, 13 and/or chapter 620 of the laws of 1974, 14 chapter 660 of the laws of 1977, chapter 15 412 of the laws of 1981, chapter 27 of the 16 laws of 1987, chapter 729 of the laws of 17 1989, chapter 329 of the laws of 1993 and 18 other provisions of the mental hygiene 19 law. Notwithstanding any inconsistent 20 provision of law, the following appropri- 21 ation shall be net of prior and/or current 22 year refunds, rebates, reimbursements, and 23 credits. 24 Notwithstanding any other provision of law, 25 advances and reimbursement made pursuant 26 to subdivision (d) of section 41.15 and 27 section 41.18 of the mental hygiene law 28 shall be allocated pursuant to a plan and 29 in a manner prescribed by the agency head 30 and approved by the director of the budg- 31 et. The moneys hereby appropriated are 32 available to reimburse or advance locali- 33 ties and voluntary non-profit agencies for 34 expenditures made during local fiscal 35 periods commencing January 1, 2025, April 36 1, 2025 or July 1, 2025, and for advances 37 for the 3 month period beginning January 38 1, 2026. 39 Notwithstanding the provisions of article 41 40 of the mental hygiene law or any other 41 inconsistent provision of law, rule or 42 regulation, the commissioner, pursuant to 43 such contract and in the manner provided 44 therein, may pay all or a portion of the 45 expenses incurred by such voluntary agen- 46 cies arising out of loans which are funded 47 from the proceeds of bonds and notes 48 issued by the dormitory authority of the 49 state of New York. 50 Notwithstanding any other provision of law, 51 the money hereby appropriated may be 52 transferred to state operations and/or any 
 A. 8282 23 1 appropriation of the office for people 2 with developmental disabilities with the 3 approval of the director of the budget. 4 Notwithstanding any inconsistent provision 5 of law, moneys from this appropriation may 6 be used for state aid of up to 100 percent 7 of the net deficit costs of day training 8 programs and family support services. 9 Notwithstanding the provisions of section 10 16.23 of the mental hygiene law and any 11 other inconsistent provision of law, with 12 relation to the operation of certified 13 family care homes, including family care 14 homes sponsored by voluntary not-for-pro- 15 fit agencies, moneys from this appropri- 16 ation may be used for payments to purchase 17 general services including but not limited 18 to respite providers, up to a maximum of 19 14 days, at rates to be established by the 20 commissioner and approved by the director 21 of the budget in consideration of factors 22 including, but not limited to, geographic 23 area and number of clients cared for in 24 the home and for payment in an amount 25 determined by the commissioner for the 26 personal needs of each client residing in 27 the family care home. 28 Notwithstanding the provisions of subdivi- 29 sion 12 of section 8 of the state finance 30 law and any other inconsistent provision 31 of law, moneys from this appropriation may 32 be used for expenses of family care homes 33 including payments to operators of certi- 34 fied family care homes for damages caused 35 by clients to personal and real property 36 in accordance with standards established 37 by the commissioner and approved by the 38 director of the budget. 39 Notwithstanding any inconsistent provision 40 of law, moneys from this appropriation may 41 be used for appropriate day program 42 services and residential services includ- 43 ing, but not limited to, direct housing 44 subsidies to individuals, start-up 45 expenses for family care providers, envi- 46 ronmental modifications, adaptive technol- 47 ogies, appraisals, property options, 48 feasibility studies and preoperational 49 expenses. 50 Notwithstanding any inconsistent provision 51 of law except pursuant to a chapter of the 52 laws of 2024 authorizing a 2.84 percent 53 cost of living adjustment, for the period 54 commencing on April 1, 2024 and ending 55 March 31, 2025 the commissioner shall not 56 apply any other cost of living adjustment 
 A. 8282 24 1 for the purpose of establishing rates of 2 payments, contracts or any other form of 3 reimbursement; provided that this shall 4 not prevent the commissioner from applying 5 prior adjustments for the purpose of 6 establishing rates resulting from a rebas- 7 ing of base year costs. 8 Notwithstanding section 6908 of the educa- 9 tion law and any other provision of law, 10 rule or regulation to the contrary, direct 11 support staff in programs certified or 12 approved by the office for people with 13 developmental disabilities, including the 14 home and community based services waiver 15 programs that the office for people with 16 developmental disabilities is authorized 17 to administer with federal approval pursu- 18 ant to subdivision (c) of section 1915 of 19 the federal social security act, are 20 authorized to provide such tasks as OPWDD 21 may specify when performed under the 22 supervision, training and periodic 23 inspection of a registered professional 24 nurse and in accordance with an authorized 25 practitioner's ordered care. 26 Notwithstanding any other provision of law 27 to the contrary, and consistent with 28 section 33.07 of the mental hygiene law, 29 the directors of facilities licensed but 30 not operated by the office for people with 31 developmental disabilities who act as 32 federally-appointed representative payees 33 and who assume management responsibility 34 over the funds of a resident may continue 35 to use such funds for the cost of the 36 resident's care and treatment, consistent 37 with federal law and regulations. 38 Funds appropriated herein shall be available 39 in accordance with the following: 40 Notwithstanding any inconsistent provision 41 of law, the director of the budget is 42 authorized to make suballocations from 43 this appropriation to the department of 44 health medical assistance program. 45 Notwithstanding any inconsistent provision 46 of law, and pursuant to criteria estab- 47 lished by the commissioner of the office 48 for people with developmental disabilities 49 and approved by the director of the budg- 50 et, expenditures may be made from this 51 appropriation for residential facilities 52 which are pending recertification as 53 intermediate care facilities for people 54 with developmental disabilities. 55 Notwithstanding the provisions of section 56 41.36 of the mental hygiene law and any 
 A. 8282 25 1 other inconsistent provision of law, 2 moneys from this appropriation may be used 3 for payment up to $250 per year per 4 client, at such times and in such manner 5 as determined by the commissioner on the 6 basis of financial need for the personal 7 needs of each client residing in voluntar- 8 y-operated community residences and volun- 9 tary-operated community residential alter- 10 natives, including individualized 11 residential alternatives under the home 12 and community based services waiver. The 13 commissioner shall, subject to the 14 approval of the director of the budget, 15 alter existing advance payment schedules 16 for voluntary-operated community resi- 17 dences established pursuant to section 18 41.36 of the mental hygiene law. 19 Notwithstanding any inconsistent provision 20 of law, moneys from this appropriation may 21 be used for the operation of clinics 22 licensed pursuant to article 16 of the 23 mental hygiene law including, but not 24 limited to, supportive and habilitative 25 services consistent with the home and 26 community based services waiver. 27 For the state share of medical assistance 28 services expenses incurred by the depart- 29 ment of health for the provision of 30 medical assistance services to people with 31 developmental disabilities (37835) ......... 369,352,000 32 For services and expenses of the community 33 services program, net of disallowances, 34 for community programs for people with 35 developmental disabilities pursuant to 36 article 41 of the mental hygiene law, 37 and/or chapter 620 of the laws of 1974, 38 chapter 660 of the laws of 1977, chapter 39 412 of the laws of 1981, chapter 27 of the 40 laws of 1987, chapter 729 of the laws of 41 1989, chapter 329 of the laws of 1993 and 42 other provisions of the mental hygiene 43 law. Notwithstanding any inconsistent 44 provision of law, the following appropri- 45 ation shall be net of prior and/or current 46 year refunds, rebates, reimbursements, and 47 credits. 48 Notwithstanding any other provision of law, 49 advances and reimbursement made pursuant 50 to subdivision (d) of section 41.15 and 51 section 41.18 of the mental hygiene law 52 shall be allocated pursuant to a plan and 53 in a manner prescribed by the agency head 54 and approved by the director of the budg- 55 et. The moneys hereby appropriated are 56 available to reimburse or advance locali- 
 A. 8282 26 1 ties and voluntary non-profit agencies for 2 expenditures made during local fiscal 3 periods commencing January 1, 2025, April 4 1, 2025 or July 1, 2025, and for advances 5 for the 3 month period beginning January 6 1, 2026. 7 Notwithstanding the provisions of article 41 8 of the mental hygiene law or any other 9 inconsistent provision of law, rule or 10 regulation, the commissioner, pursuant to 11 such contract and in the manner provided 12 therein, may pay all or a portion of the 13 expenses incurred by such voluntary agen- 14 cies arising out of loans which are funded 15 from the proceeds of bonds and notes 16 issued by the dormitory authority of the 17 state of New York. 18 Notwithstanding any other provision of law, 19 the money hereby appropriated may be 20 transferred to state operations and/or any 21 appropriation of the office for people 22 with developmental disabilities with the 23 approval of the director of the budget. 24 Notwithstanding any inconsistent provision 25 of law, moneys from this appropriation may 26 be used for state aid of up to 100 percent 27 of the net deficit costs of day training 28 programs and family support services. 29 Notwithstanding the provisions of section 30 16.23 of the mental hygiene law and any 31 other inconsistent provision of law, with 32 relation to the operation of certified 33 family care homes, including family care 34 homes sponsored by voluntary not-for-pro- 35 fit agencies, moneys from this appropri- 36 ation may be used for payments to purchase 37 general services including but not limited 38 to respite providers, up to a maximum of 39 14 days, at rates to be established by the 40 commissioner and approved by the director 41 of the budget in consideration of factors 42 including, but not limited to, geographic 43 area and number of clients cared for in 44 the home and for payment in an amount 45 determined by the commissioner for the 46 personal needs of each client residing in 47 the family care home. 48 Notwithstanding the provisions of subdivi- 49 sion 12 of section 8 of the state finance 50 law and any other inconsistent provision 51 of law, moneys from this appropriation may 52 be used for expenses of family care homes 53 including payments to operators of certi- 54 fied family care homes for damages caused 55 by clients to personal and real property 56 in accordance with standards established 
 A. 8282 27 1 by the commissioner and approved by the 2 director of the budget. 3 Notwithstanding any inconsistent provision 4 of law, moneys from this appropriation may 5 be used for appropriate day program 6 services and residential services includ- 7 ing, but not limited to, direct housing 8 subsidies to individuals, start-up 9 expenses for family care providers, envi- 10 ronmental modifications, adaptive technol- 11 ogies, appraisals, property options, 12 feasibility studies and preoperational 13 expenses. 14 Notwithstanding any inconsistent provision 15 of law except pursuant to a chapter of the 16 laws of 2024 authorizing a 2.84 percent 17 cost of living adjustment, for the period 18 commencing on April 1, 2024 and ending 19 March 31, 2025 the commissioner shall not 20 apply any other cost of living adjustment 21 for the purpose of establishing rates of 22 payments, contracts or any other form of 23 reimbursement; provided that this shall 24 not prevent the commissioner from applying 25 prior adjustments for the purpose of 26 establishing rates resulting from a rebas- 27 ing of base year costs. 28 Notwithstanding section 6908 of the educa- 29 tion law and any other provision of law, 30 rule or regulation to the contrary, direct 31 support staff in programs certified or 32 approved by the office for people with 33 developmental disabilities, including the 34 home and community based services waiver 35 programs that the office for people with 36 developmental disabilities is authorized 37 to administer with federal approval pursu- 38 ant to subdivision (c) of section 1915 of 39 the federal social security act, are 40 authorized to provide such tasks as OPWDD 41 may specify when performed under the 42 supervision, training and periodic 43 inspection of a registered professional 44 nurse and in accordance with an authorized 45 practitioner's ordered care. 46 Notwithstanding any other provision of law 47 to the contrary, and consistent with 48 section 33.07 of the mental hygiene law, 49 the directors of facilities licensed but 50 not operated by the office for people with 51 developmental disabilities who act as 52 federally-appointed representative payees 53 and who assume management responsibility 54 over the funds of a resident may continue 55 to use such funds for the cost of the 
 A. 8282 28 1 resident's care and treatment, consistent 2 with federal law and regulations. 3 Funds appropriated herein shall be available 4 in accordance with the following: 5 Notwithstanding any other provision of law 6 to the contrary, funds appropriated herein 7 are available to reimburse in- and out-of- 8 state private residential schools, pursu- 9 ant to subdivision (c) of section 13.37-a 10 and subdivision (g) of section 13.38 of 11 the mental hygiene law, for costs of 12 supporting the residential and day program 13 services available to individuals who are 14 over the age of 21 years of age, provided 15 that the amount paid for residential 16 services and/or maintenance costs is net 17 of any supplemental security income bene- 18 fit to which the individual receiving 19 services is eligible, and provided further 20 that funding for nonresidential services 21 will be in an amount not to exceed the 22 maximum reimbursement for appropriate day 23 services delivered by the office for 24 people with developmental disabilities 25 certified or approved providers other than 26 in- and out-of-state private residential 27 schools, unless otherwise authorized by 28 the director of the budget. 29 Notwithstanding section 163 of the state 30 finance law, section 142 of the economic 31 development law, and article 41 of the 32 mental hygiene law, the commissioner of 33 the office for people with developmental 34 disabilities may make the funds appropri- 35 ated herein available as state aid, a loan 36 or a grant, pursuant to terms and condi- 37 tions established by the commissioner of 38 the office for people with developmental 39 disabilities, to cover a portion of the 40 development costs of private, public 41 and/or non-profit organizations, including 42 corporations and partnerships established 43 pursuant to the private housing finance 44 law and/or any other statutory provisions, 45 for supportive housing units that have 46 been set aside for individuals with intel- 47 lectual and developmental disabilities. 48 Further, the office for people with develop- 49 mental disabilities shall have a lien on 50 the real property developed with such 51 state aid, loans or grants, which shall be 52 in the amount of the loan or grant, for a 53 maximum term of 30 years, or other longer 54 term consistent with the requirements of 55 another regulatory agency. 
 A. 8282 29 1 For services and expenses related to the 2 provision of residential services to 3 people with developmental disabilities 4 (37802) ..................... [37,126,000] 38,103,000 5 For services and expenses related to the 6 provision of day program services to 7 people with developmental disabilities 8 (37803) ...................... [9,120,000] 9,360,000 9 For services and expenses related to the 10 provision of family support services to 11 people with developmental disabilities 12 (37804) ..................... [10,260,000] 10,530,000 13 For services and expenses related to the 14 provision of workshop, day training and 15 employment services to people with devel- 16 opmental disabilities. Notwithstanding any 17 other provision of law, up to $800,000 of 18 this appropriation may be transferred to 19 the New York State Education Departments' 20 Adult Career and Continuing Education 21 Services - Vocational Rehabilitation 22 (ACCES-VR) program to support the Long- 23 Term Sheltered Employment program operated 24 by FEDCAP Rehabilitation Services, Inc. 25 (37805) ...................... [5,928,000] 6,084,000 26 For other services and expenses provided to 27 people with developmental disabilities 28 including but not limited to hepatitis B, 29 care at home waiver, epilepsy services, 30 Special Olympics New York, Inc. and volun- 31 tary fingerprinting (37806) .. [1,520,000] 1,560,000 32 -------------- 33 § 8. Section 8 of chapter 113 of the laws of 2025, relating to making 34 appropriations for the support of government, as amended by chapter 126 35 of the laws of 2025, is amended to read as follows: 36 § 8. The amounts specified in this section, or so much thereof as 37 shall be sufficient to accomplish the purposes designated, is hereby 38 appropriated and authorized to be paid as hereinafter provided, to the 39 public officers and for the purposes specified, which amount shall be 40 available for the state fiscal year beginning April 1, 2025. 41 DEPARTMENT OF VETERANS' SERVICES 42 AID TO LOCALITIES 43 BLIND VETERAN ANNUITY ASSISTANCE PROGRAM ....................... 385,000 44 -------------- 45 General Fund 46 Local Assistance Account - 10000 47 For payment of annuities to blind veterans 48 and eligible surviving spouses. Up to 49 $15,000 of this appropriation may be 50 transferred to state operations for admin- 
 A. 8282 30 1 istrative costs associated with this 2 program (54606) ................................ 385,000 3 VETERANS' BENEFITS ADVISING PROGRAM ............. [532,000] 546,000 4 -------------- 5 Special Revenue Funds - Other 6 Homeless Veterans Assistance Fund 7 Homeless Veterans Assistance Account - 20204 8 For services and expenses related to home- 9 less veterans' housing (54815) .. [532,000] 546,000 10 § 9. No expenditure may be made from any appropriation in this act, 11 until a certificate of approval has been issued by the director of the 12 budget and a copy of such certificate shall have been filed with the 13 state comptroller, the chairman of the senate finance committee and the 14 chairman of the assembly ways and means committee provided, however, 15 that any expenditures from any appropriation in this act made by the 16 legislature or judiciary shall not require such certificate. 17 § 10. All expenditures and disbursements made against the appropri- 18 ations in this act shall, upon final action by the legislature on appro- 19 priation bills submitted by the governor pursuant to article VII of the 20 state constitution for the support of government for the state fiscal 21 year beginning April 1, 2025, be transferred by the comptroller as 22 expenditures and disbursements to such appropriations for all state 23 departments and agencies, as applicable, in amounts equal to the amounts 24 charged against the appropriations in this act for each such department, 25 agency, and the legislature and the judiciary. 26 § 11. Severability clause. If any clause, sentence, paragraph, subdi- 27 vision, section or part of this act shall be adjudged by any court of 28 competent jurisdiction to be invalid, such judgment shall not affect, 29 impair, or invalidate the remainder thereof, but shall be confined in 30 its operation to the clause, sentence, paragraph, subdivision, section 31 or part thereof directly involved in the controversy in which such judg- 32 ment shall have been rendered. It is hereby declared to be the intent of 33 the legislature that this act would have been enacted even if such 34 invalid provisions had not been included herein. 35 § 12. This act shall take effect immediately and shall be deemed to 36 have been in full force and effect on and after April 1, 2025; provided, 37 however, that upon the transfer of expenditures and disbursements by the 38 comptroller as provided in section ten of this act, the appropriations 39 made by this act and subject to such section shall be deemed repealed.