S 7070: Provides for emergency appropriation through April 3, 2025 for the support of government.

  
  STATE OF NEW YORK ________________________________________________________________________ 7070 2025-2026 Regular Sessions  IN SENATE March 31, 2025 ___________ Introduced by Sen. KRUEGER -- (at request of the Governor) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT making appropriations for the support of government; and provid- ing 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. The amounts specified in this section, or so much thereof as 9 shall be sufficient to accomplish the purposes designated, is hereby 10 appropriated and authorized to be paid as hereinafter provided, to the 11 public officers and for the purpose specified, which amount shall be 12 available for the state fiscal year beginning April 1, 2025. 13 ALL STATE DEPARTMENTS AND AGENCIES 14 For the purpose of making payments for 15 personal service, including liabilities 16 incurred prior to April 1, 2025, on the 17 payrolls scheduled to be paid during the 18 period April 1 through April 3, 2025 to 19 state officers and employees of the execu- 20 tive branch. This appropriation also 21 includes payments for services performed EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12002-01-5 
 S. 7070 2 1 by mentally ill or developmentally disa- 2 bled persons who are employed in state-op- 3 erated special employment, work-for-pay or 4 sheltered workshop programs ................ 279,930,000 5 -------------- 6 § 3. The amount specified in this section, or so much thereof as shall 7 be sufficient to accomplish the purpose designated, is hereby appropri- 8 ated and authorized to be paid as hereinafter provided, to the public 9 officers and for the purpose specified, which amount shall be available 10 for the state fiscal year beginning April 1, 2025. 11 ALL STATE DEPARTMENTS AND AGENCIES 12 For the payment of state operations non 13 personal service liabilities to the execu- 14 tive branch, including the comptroller, 15 and the attorney general, incurred in the 16 ordinary course of business, during the 17 period April 1 through April 3, 2025, 18 pursuant to existing state law and for 19 purposes for which the legislature author- 20 ized the expenditure of moneys during the 21 2024-2025 state fiscal year; provided, 22 however, that nothing contained herein 23 shall be deemed to limit or restrict the 24 power or authority of state departments or 25 agencies to conduct their activities or 26 operations in accordance with existing 27 law, and further provided that nothing 28 contained herein shall be deemed to super- 29 sede, nullify or modify the provisions of 30 section 40 of the state finance law 31 prescribing when appropriations made for 32 the 2024-2025 state fiscal year shall have 33 ceased to have force and effect ............. 10,000,000 34 -------------- 35 § 4. The amounts specified in this section, or so much thereof as 36 shall be sufficient to accomplish the purposes designated, is hereby 37 appropriated and authorized to be paid as hereinafter provided, to the 38 public officers and for the purposes specified, which amount shall be 39 available for the state fiscal year beginning April 1, 2025. 40 MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES 41 GENERAL STATE CHARGES 42 STATE OPERATIONS 43 GENERAL STATE CHARGES ...................................... 20,650,000 44 -------------- 45 General Fund 46 State Purposes Account - 10050 
 S. 7070 3 1 For employee fringe benefits according to 2 the following project schedule including 3 those benefits which are related to 4 employees paid from funds, accounts, or 5 programs where the division of the budget 6 has issued waivers .......................... 20,650,000 7 Project Schedule 8 PROJECT AMOUNT 9 -------------------------------------------- 10 For the state's contribution 11 to the social security 12 contribution fund ............. 20,300,000 13 For the payment of the metro- 14 politan commuter transporta- 15 tion mobility tax pursuant 16 to article 23 of the tax 17 law, as added by chapter 25 18 of the laws of 2009, on 19 behalf of the state employ- 20 ees employed in the metro- 21 politan commuter transporta- 22 tion district .................... 350,000 23 -------------- 24 Project schedule total .... 20,650,000 25 -------------- 26 § 5. 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 HEALTH 32 AID TO LOCALITIES 33 CENTER FOR COMMUNITY HEALTH PROGRAM .......................... 3,210,000 34 -------------- 35 Special Revenue Funds - Federal 36 Federal USDA-Food and Nutrition Services Fund 37 Federal Food and Nutrition Services Account - 25022 38 For various federal food and nutritional 39 services. The moneys hereby appropriated 40 shall be available for payment of finan- 41 cial assistance heretofore accrued (26986) ... 3,210,000 42 -------------- 43 MEDICAL ASSISTANCE PROGRAM ............................... 1,111,204,000 44 -------------- 45 General Fund 46 Local Assistance Account - 10000 
 S. 7070 4 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 
 S. 7070 5 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 
 S. 7070 6 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 
 S. 7070 7 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 
 S. 7070 8 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 
 S. 7070 9 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. 
 S. 7070 10 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 
 S. 7070 11 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) ........................ 20,200,000 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) ......................... 5,216,000 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) ......................... 9,513,000 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) ........................ 25,468,000 54 For services and expenses of the medical 55 assistance program including other long 56 term care services. 
 S. 7070 12 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) ........................ 70,389,000 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) ........................ 43,431,000 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) ......................... 3,016,000 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 
 S. 7070 13 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) ........................ 48,476,000 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) ......................... 7,172,000 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) ............................ 82,000 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) ........................ 19,802,000 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 
 S. 7070 14 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) ........................ 83,400,000 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. 
 S. 7070 15 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 
 S. 7070 16 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) ........................ 57,814,000 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) ........................ 10,372,000 
 S. 7070 17 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) ........................ 16,967,000 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) ......................... 79,359,000 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) ....................... 132,394,000 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) 
 S. 7070 18 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) ....................... 150,829,000 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) ........................ 92,616,000 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) ........................ 12,235,000 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) ......................... 1,422,000 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) 
 S. 7070 19 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) ....................... 137,631,000 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) ........................ 83,400,000 22 -------------- 23 § 6. The amounts specified in this section, or so much thereof as 24 shall be sufficient to accomplish the purposes designated, is hereby 25 appropriated and authorized to be paid as hereinafter provided, to the 26 public officers and for the purposes specified, which amount shall be 27 available for the state fiscal year beginning April 1, 2025. 28 DEPARTMENT OF LABOR 29 AID TO LOCALITIES 30 UNEMPLOYMENT INSURANCE BENEFIT PROGRAM ..................... 165,000,000 31 -------------- 32 Enterprise Funds 33 Unemployment Insurance Benefit Fund 34 Unemployment Insurance Benefit Account - 50650 35 For payment of unemployment insurance bene- 36 fits pursuant to article 18 of the labor 37 law or as authorized by the federal 38 government through the disaster unemploy- 39 ment assistance program, the emergency 40 unemployment compensation program, the 41 extended benefit program, the federal 42 additional compensation program or any 43 other federally funded unemployment bene- 44 fit program (34787) ........................ 165,000,000 45 -------------- 46 § 7. The amounts specified in this section, or so much thereof as 47 shall be sufficient to accomplish the purposes designated, is hereby 48 appropriated and authorized to be paid as hereinafter provided, to the 
 S. 7070 20 1 public officers and for the purposes specified, which amount shall be 2 available for the state fiscal year beginning April 1, 2025. 3 OFFICE OF MENTAL HEALTH 4 AID TO LOCALITIES 5 ADULT SERVICES PROGRAM ...................................... 94,917,000 6 -------------- 7 General Fund 8 Local Assistance Account - 10000 9 For services and expenses of various adult 10 community mental health services, includ- 11 ing transfer to the department of health 12 to reimburse the department for the state 13 and/or local share of medical assistance 14 for various community mental health 15 services. 16 For payment of state financial assistance, 17 net of disallowances, for community mental 18 health programs pursuant to article 41 and 19 other provisions of the mental hygiene 20 law. The moneys hereby appropriated for 21 allocation to local governments and volun- 22 tary agencies for services are available 23 to reimburse or advance funds to local 24 governments and voluntary agencies for 25 expenditures made or to be made during 26 local program years commencing January 1, 27 2025 or July 1, 2025 and for advances for 28 the period beginning January 1, 2026 for 29 local governments and voluntary agencies 30 with program years beginning January 1. 31 Notwithstanding any provision of law to 32 the contrary, the commissioner of the 33 office of mental health shall be author- 34 ized, subject to the approval of the 35 director of the budget, to continue 36 contracts and state aid letter payments to 37 support county contracts which were 38 executed on or before March 31, 2025 with 39 entities providing services to persons 40 with mental illness, without any addi- 41 tional requirements that such contracts be 42 subject to competitive bidding, a request 43 for proposals process or other administra- 44 tive procedures. 45 The state comptroller is hereby authorized 46 to receive funds from the office of mental 47 health that were returned from providers 48 in the current fiscal year in respect of a 49 settlement of local assistance funds from 50 prior fiscal years, and is authorized to 51 refund such moneys to the credit of the 
 S. 7070 21 1 local assistance account of the general 2 fund for the purpose of reimbursing the 3 2025-26 appropriation. 4 Notwithstanding any other provision of law 5 to the contrary, and consistent with 6 section 33.07 of the mental hygiene law, 7 the directors of facilities licensed but 8 not operated by the office of mental 9 health who act as federally appointed 10 representative payees and who assume 11 management responsibility over the funds 12 of a resident may continue to use such 13 funds for the cost of the resident's care 14 and treatment, consistent with federal law 15 and regulations. 16 Notwithstanding any other provision of law, 17 the commissioner of mental health shall, 18 until July 1, 2026, be solely authorized, 19 in his or her discretion, to designate 20 those general hospitals, local govern- 21 mental units and voluntary agencies which 22 may apply and be considered for the 23 approval and issuance of an operating 24 certificate pursuant to article 31 of the 25 mental hygiene law for the operation of a 26 comprehensive psychiatric emergency 27 program. 28 Notwithstanding any provision of section 21 29 of chapter 723 of the laws of 1989, as 30 amended, to the contrary, the provisions 31 of sections 1, 2 and 4-20 of such chapter 32 shall remain in full force and effect 33 until July 1, 2026, when upon such date 34 the amendments and additions made by such 35 sections of chapter 723 of the laws of 36 1989 shall expire and be deemed repealed, 37 and any provision of law amended by any 38 such sections shall revert to its text as 39 it existed prior to the effective date of 40 chapter 723 of the laws of 1989. 41 Notwithstanding any other provision of law 42 to the contrary, any of the amounts appro- 43 priated herein may be increased or 44 decreased by interchange or transfer with- 45 out limit, with any appropriation of the 46 office of mental health or by transfer or 47 suballocation to any department, agency or 48 public authority for expenditures incurred 49 in the operation of such programs with the 50 approval of the director of the budget: 51 For services and expenses of various commu- 52 nity mental health residential programs, 53 including but not limited to community 54 residences pursuant to sections 41.44 and 55 41.38 of the mental hygiene law. Notwith- 56 standing the provisions of section 31.03 
 S. 7070 22 1 of the mental hygiene law and any other 2 inconsistent provision of law, moneys 3 appropriated for family care shall be 4 available for, but not limited to, the 5 purchase of substitute caretakers up to a 6 maximum of 14 days and payments limited to 7 $774 per year based upon financial need 8 for the personal needs of each client 9 residing in the family care home. Provided 10 further however, notwithstanding any 11 provision of law to the contrary, the 12 commissioner of the office of mental 13 health may appoint a temporary operator in 14 a manner consistent with part L of chapter 15 59 of the laws of 2016 to administer any 16 community mental health residential 17 program appropriated for herein for the 18 period for which this appropriation has 19 effect. Funds appropriated herein will be 20 made available to support the development 21 of new transitional stepdown units to help 22 individuals transitioning from various 23 levels of care to community-based living 24 (36911) ..................................... 94,917,000 25 § 8. The amounts specified in this section, or so much thereof as 26 shall be sufficient to accomplish the purposes designated, is hereby 27 appropriated and authorized to be paid as hereinafter provided, to the 28 public officers and for the purposes specified, which amount shall be 29 available for the state fiscal year beginning April 1, 2025. 30 DEPARTMENT OF VETERANS' SERVICES 31 AID TO LOCALITIES 32 VETERANS' BENEFITS ADVISING PROGRAM ............................. 42,000 33 -------------- 34 Special Revenue Funds - Other 35 Homeless Veterans Assistance Fund 36 Homeless Veterans Assistance Account - 20204 37 For services and expenses related to home- 38 less veterans' housing (54815) .................. 42,000 39 § 9. No expenditure may be made from any appropriation in this act, 40 until a certificate of approval has been issued by the director of the 41 budget and a copy of such certificate shall have been filed with the 42 state comptroller, the chairman of the senate finance committee and the 43 chairman of the assembly ways and means committee provided, however, 44 that any expenditures from any appropriation in this act made by the 45 legislature or judiciary shall not require such certificate. 46 § 10. All expenditures and disbursements made against the appropri- 47 ations in this act shall, upon final action by the legislature on appro- 48 priation bills submitted by the governor pursuant to article VII of the 
 S. 7070 23 1 state constitution for the support of government for the state fiscal 2 year beginning April 1, 2025, be transferred by the comptroller as 3 expenditures and disbursements to such appropriations for all state 4 departments and agencies, as applicable, in amounts equal to the amounts 5 charged against the appropriations in this act for each such department, 6 agency, and the legislature and the judiciary. 7 § 11. Severability clause. If any clause, sentence, paragraph, subdi- 8 vision, section or part of this act shall be adjudged by any court of 9 competent jurisdiction to be invalid, such judgment shall not affect, 10 impair, or invalidate the remainder thereof, but shall be confined in 11 its operation to the clause, sentence, paragraph, subdivision, section 12 or part thereof directly involved in the controversy in which such judg- 13 ment shall have been rendered. It is hereby declared to be the intent of 14 the legislature that this act would have been enacted even if such 15 invalid provisions had not been included herein. 16 § 12. This act shall take effect immediately and shall be deemed to 17 have been in full force and effect on and after April 1, 2025; provided, 18 however, that upon the transfer of expenditures and disbursements by the 19 comptroller as provided in section ten of this act, the appropriations 20 made by this act and subject to such section shall be deemed repealed.