S 7317: Provides for emergency appropriation through April 15, 2025 for the support of government.

  
  STATE OF NEW YORK ________________________________________________________________________ 7317 2025-2026 Regular Sessions  IN SENATE April 10, 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; 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; 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 118 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. LBD12005-01-5 
 S. 7317 2 1 incurred prior to April 1, 2025, on the 2 payrolls scheduled to be paid during the 3 period April 1 through April [9] 15, 2025 4 to state officers and employees of the 5 executive branch, including the governor, 6 lieutenant governor, comptroller, and 7 attorney general, and to employees of the 8 legislature. This appropriation also 9 includes payments for services performed 10 by mentally ill or developmentally disa- 11 bled persons who are employed in state-op- 12 erated special employment, work-for-pay or 13 sheltered workshop programs ................ 668,330,000 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 118 17 of the laws of 2025, is amended to read as follows: 18 § 3. The amount specified in this section, or so much thereof as shall 19 be sufficient to accomplish the purpose designated, is hereby appropri- 20 ated and authorized to be paid as hereinafter provided, to the public 21 officers and for the purpose specified, which amount shall be available 22 for the state fiscal year beginning April 1, 2025. 23 ALL STATE DEPARTMENTS AND AGENCIES 24 For the payment of state operations non 25 personal service liabilities to the execu- 26 tive branch, including the comptroller, 27 and the attorney general, and legislature, 28 incurred in the ordinary course of busi- 29 ness, during the period April 1 through 30 April [9] 15, 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 ......................... 47 .............................. [20,000,000] 32,000,000 48 -------------- 49 § 4. Section 4 of chapter 113 of the laws of 2025, relating to making 50 appropriations for the support of government, as amended by chapter 118 51 of the laws of 2025, is amended to read as follows: 
 S. 7317 3 1 § 4. The amounts specified in this section, or so much thereof as 2 shall be sufficient to accomplish the purposes designated, is hereby 3 appropriated and authorized to be paid as hereinafter provided, to the 4 public officers and for the purposes specified, which amount shall be 5 available for the state fiscal year beginning April 1, 2025. 6 MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES 7 GENERAL STATE CHARGES 8 STATE OPERATIONS 9 GENERAL STATE CHARGES ....................... [50,175,000] 516,471,000 10 -------------- 11 General Fund 12 State Purposes Account - 10050 13 For employee fringe benefits according to 14 the following project schedule including 15 those benefits which are related to 16 employees paid from funds, accounts, or 17 programs where the division of the budget 18 has issued waivers ........... [50,175,000] 516,471,000 19 Project Schedule 20 PROJECT AMOUNT 21 -------------------------------------------- 22 For the state's contribution 23 to the health insurance fund 24 and deposit into the retiree 25 health benefit trust fund 26 pursuant to section 99-aa of 27 the state finance law. The 28 state's share of the health 29 insurance program dividends 30 shall be available to pay 31 for the premiums in 2025-26 .. 422,000,000 32 For the state's contribution 33 to the social security 34 contribution fund ............. 49,550,000 35 For the state's contribution 36 to employee benefit fund 37 programs ...................... 37,500,000 38 For the state's contribution 39 to the dental insurance plan ... 6,000,000 40 For the state's share of 41 contributions to the volun- 42 tary defined contribution 43 plan made on behalf of 44 eligible employees pursuant 45 to chapter 18 of the laws of 46 2012 who elect to partic- 47 ipate in such plan and who 48 are not otherwise eligible 49 to participate in the SUNY 50 optional retirement program 
 S. 7317 4 1 ................... [275,000] 279,000 2 For the payment of the metro- 3 politan commuter transporta- 4 tion mobility tax pursuant 5 to article 23 of the tax 6 law, as added by chapter 25 7 of the laws of 2009, on 8 behalf of the state employ- 9 ees employed in the metro- 10 politan commuter transporta- 11 tion district ..... [350,000] 1,125,000 12 For the state's contribution 13 to the vision care plan ........... 17,000 14 -------------- 15 Project schedule total ... 16 ........... [50,175,000] 516,471,000 17 -------------- 18 § 5. Section 5 of chapter 118 of the laws of 2025, relating to making 19 appropriations for the support of government, is amended to read as 20 follows: 21 § 5. The amounts specified in this section, or so much thereof as 22 shall be sufficient to accomplish the purposes designated, is hereby 23 appropriated and authorized to be paid as hereinafter provided, to the 24 public officers and for the purposes specified, which amount shall be 25 available for the state fiscal year beginning April 1, 2025. 26 JUDICIARY 27 For the purpose of making payments for 28 personal service, including liabilities 29 incurred prior to April 1, 2025, on the 30 payrolls scheduled to be paid during the 31 period April 1 through April [9] 15, 2025 32 to officers and employees of the judiciary 33 ............................................. 85,000,000 34 For the payment of state operations nonper- 35 sonal service liabilities, the sum of 36 twenty-five million dollars ($25,000,000), 37 or so much thereof as shall be sufficient 38 to accomplish the purpose designated, is 39 hereby appropriated to the judiciary out 40 of any moneys in the general fund or other 41 funds to the credit of the state purposes 42 account not otherwise appropriated. The 43 comptroller is hereby authorized and 44 directed to utilize this appropriation for 45 the purpose of making payments for nonper- 46 sonal service liabilities incurred by the 47 judiciary from April 1 through April 15, 48 2025 ........................................ 25,000,000 49 For the payment of aid to localities liabil- 50 ities, the sum of thirty million dollars 51 ($30,000,000), or so much thereof as shall 52 be sufficient to accomplish the purpose 53 designated, is hereby appropriated to the 
 S. 7317 5 1 judiciary out of any moneys in the general 2 fund or other funds to the credit of the 3 state purposes account not otherwise 4 appropriated. The comptroller is hereby 5 authorized and directed to utilize this 6 appropriation for the purpose of making 7 payments for aid to localities liabilities 8 incurred by the judiciary from April 1 9 through April 15, 2025 ...................... 30,000,000 10 For the payment of employee fringe benefit 11 programs including, but not limited to, 12 the judiciary's contributions to the 13 health insurance fund, the employees' 14 retirement system pension accumulation 15 fund, the social security contribution 16 fund, employee benefit fund programs, the 17 dental insurance plan, the vision care 18 plan, the unemployment insurance fund, and 19 for workers' compensation benefits, the 20 sum of three hundred million dollars 21 ($300,000,000), or so much thereof as 22 shall be sufficient to accomplish the 23 purpose designated, is hereby appropriated 24 to the judiciary out of any moneys in the 25 general fund or other funds to the credit 26 of the state purposes account not other- 27 wise appropriated. The comptroller is 28 hereby authorized and directed to utilize 29 this appropriation for the purpose of 30 making payments for employee fringe bene- 31 fit liabilities incurred by the judiciary 32 from April 1 through April [9] 15, 2025 .... 300,000,000 33 -------------- 34 § 6. The amounts specified in this section, or so much thereof as 35 shall be sufficient to accomplish the purposes designated, is hereby 36 appropriated and authorized to be paid as hereinafter provided, to the 37 public officers and for the purposes specified, which amount shall be 38 available for the state fiscal year beginning April 1, 2025. 39 OFFICE OF CHILDREN AND FAMILY SERVICES 40 AID TO LOCALITIES 41 FAMILY AND CHILDREN'S SERVICES PROGRAM ...................... 19,650,000 42 -------------- 43 General Fund 44 Local Assistance Account - 10000 45 For services and expenses for the adoption 46 subsidy program pursuant to title 9 of 47 article 6 of the social services law. 48 Notwithstanding any inconsistent provision 49 of law, the liability of the state to 50 social services districts and the amount 51 to be distributed or otherwise expended by 52 the state to reimburse social services 
 S. 7317 6 1 districts pursuant to section 456 of the 2 social services law shall be 62 percent of 3 eligible social services district expendi- 4 tures. 5 The amount hereby appropriated is to be 6 available for payment of aid heretofore 7 accrued or hereafter to accrue to munici- 8 palities. Subject to the approval of the 9 director of the budget, such funds shall 10 be available to the office net of disal- 11 lowances, refunds, reimbursements, and 12 credits. 13 Notwithstanding any inconsistent provision 14 of law, the amount herein appropriated may 15 be transferred to any other appropriation 16 within the office of children and family 17 services and/or the office of temporary 18 and disability assistance and/or suballo- 19 cated to the office of temporary and disa- 20 bility assistance for the purpose of 21 paying local social services districts' 22 costs of the above program and may be 23 increased or decreased by interchange with 24 any other appropriation or with any other 25 item or items within the amounts appropri- 26 ated within the office of children and 27 family services general fund - local 28 assistance account with the approval of 29 the director of the budget who shall file 30 such approval with the department of audit 31 and control and copies thereof with the 32 chairman of the senate finance committee 33 and the chairman of the assembly ways and 34 means committee. 35 Notwithstanding any inconsistent provision 36 of law, in lieu of payments authorized by 37 the social services law, or payments of 38 federal funds otherwise due to the local 39 social services districts for programs 40 provided under the federal social security 41 act or the federal food stamp act, funds 42 herein appropriated, in amounts certified 43 by the state commissioner or the state 44 commissioner of health as due from local 45 social services districts each month as 46 their share of payments made pursuant to 47 section 367-b of the social services law 48 may be set aside by the state comptroller 49 in an interest-bearing account with such 50 interest accruing to the credit of the 51 locality in order to ensure the orderly 52 and prompt payment of providers under 53 section 367-b of the social services law 54 pursuant to an estimate provided by the 55 commissioner of health of each local 56 social services district's share of 
 S. 7317 7 1 payments made pursuant to section 367-b of 2 the social services law. 3 The amounts appropriated herein shall be 4 available for reimbursement of local 5 district claims only to the extent that 6 such claims are submitted within twenty- 7 four months of the last day of the state 8 fiscal year in which the expenditures were 9 incurred, unless waived for good cause by 10 the commissioner subject to the approval 11 of the director of the budget. 12 Notwithstanding any inconsistent provision 13 of law including, but not limited to, any 14 chapter of the laws of 2024 which enacts a 15 cost of living adjustment for the state 16 fiscal year beginning on April 1, 2024, 17 the commissioner shall continue to apply 18 any cost of living adjustment increase in 19 effect on March 31, 2024 for the entire 20 rate year that began when such cost of 21 living adjustment increase was in effect. 22 Notwithstanding any inconsistent provision 23 of law, the commissioner shall apply a 24 2.84 percent cost of living adjustment for 25 the rate year that begins on July 1, 2024 26 for the purposes of establishing rates of 27 payments, contracts, or any other form of 28 reimbursement, provided that this shall 29 not prevent the commissioner from applying 30 additional trend or staff retention 31 factors for this program. 32 Notwithstanding any other provision of law 33 to the contrary, amounts due and owing to 34 a social services district under this 35 appropriation, may be reduced up to such 36 amounts due and owing to the state under 37 section 529 of the executive law (13917) .... 19,650,000 38 -------------- 39 § 7. The amounts specified in this section, or so much thereof as 40 shall be sufficient to accomplish the purposes designated, is hereby 41 appropriated and authorized to be paid as hereinafter provided, to the 42 public officers and for the purposes specified, which amount shall be 43 available for the state fiscal year beginning April 1, 2025. 44 OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE 45 AID TO LOCALITIES 46 EMPLOYMENT AND INCOME SUPPORT PROGRAM ...................... 262,533,000 47 -------------- 48 General Fund 49 Local Assistance Account - 10000 50 For state reimbursement of the safety net 51 assistance program as established pursuant 52 to chapter 436 of the laws of 1997. 
 S. 7317 8 1 Notwithstanding section 153 of the social 2 services law or any other inconsistent 3 provision of law, funds appropriated here- 4 in shall reimburse 29 percent of safety 5 net assistance expenditures, including the 6 cost of providing shelter supplements for 7 safety net assistance households at local 8 option, including eligible households 9 containing a household member who has been 10 released from prison, in order to prevent 11 eviction and address homelessness in 12 accordance with social services district 13 plans approved by the office of temporary 14 and disability assistance and the director 15 of the budget, provided, however, that in 16 social services districts with a popu- 17 lation over five million no shelter 18 supplements other than the family home- 19 lessness and eviction prevention supple- 20 ment shall be reimbursed, provided however 21 funds appropriated herein shall only be 22 used to reimburse rental costs up to the 23 maximum rent levels in place as of January 24 1, 2021, then adjusted consistent with the 25 annual year-over-year percentage changes 26 in fair market rent, provided, however, in 27 the event of a decrease in fair market 28 rent the value of the maximum rent levels 29 reimbursed with funds appropriated herein 30 shall not decrease and shall be set at the 31 maximum rent levels established during the 32 prior year, and further provided that such 33 supplements shall not be part of the stan- 34 dard of need pursuant to section 131-a of 35 the social services law. Funds appropri- 36 ated herein shall also reimburse 29 37 percent of safety net assistance expendi- 38 tures, in social services districts with a 39 population over five million, for emergen- 40 cy shelter, transportation, or nutrition 41 payments which the district determines are 42 necessary to establish or maintain inde- 43 pendent living arrangements among persons 44 living with medically diagnosed HIV 45 infection as defined by the AIDS institute 46 of the state department of health and who 47 are homeless or facing homelessness and 48 for whom no viable and less costly alter- 49 native to housing is available; provided, 50 however, that funds appropriated herein 51 may only be used for such purposes if the 52 cost of such allowances are not eligible 53 for reimbursement under medical assistance 54 or other programs. 55 Funds appropriated herein shall reimburse 29 56 percent of safety net assistance expendi- 
 S. 7317 9 1 tures, in social services districts with a 2 population of five million or fewer, for 3 emergency shelter payments promulgated by 4 the office of temporary and disability 5 assistance which the district determines 6 are necessary to establish or maintain 7 independent living arrangements among 8 persons living with medically diagnosed 9 HIV infection as defined by the AIDS 10 institute of the state department of 11 health and who are homeless or facing 12 homelessness and for whom no viable and 13 less costly alternative to housing is 14 available; provided, however, that funds 15 appropriated herein may only be used for 16 such purposes if the cost of such allow- 17 ances are not eligible for reimbursement 18 under medical assistance or other 19 programs. 20 Funds appropriated herein shall reimburse 29 21 percent of safety net assistance expendi- 22 tures, in social services districts with a 23 population of five million or fewer, for 24 emergency shelter payments in excess of 25 those promulgated by the office of tempo- 26 rary and disability assistance but not 27 exceeding an amount reasonably approximate 28 to 100 percent of fair market rent, at 29 local option which the district determines 30 are necessary to establish or maintain 31 independent living arrangements among 32 persons living with medically diagnosed 33 HIV infection as defined by the AIDS 34 institute of the State department of 35 health and who are homeless or facing 36 homelessness and for whom no viable and 37 less costly alternative to housing is 38 available; provided, however, that funds 39 appropriated herein may only be used for 40 such purposes if the cost of such allow- 41 ances are not eligible for reimbursement 42 under medical assistance or other 43 programs. Such emergency shelter payments 44 shall only be made at local option and in 45 accordance with a plan approved by the 46 office of temporary and disability assist- 47 ance and the director of the budget. 48 Provided, however, notwithstanding section 49 153 of the social services law or any 50 other inconsistent provision of law, if 51 necessary funding, as determined by the 52 director of the budget, is secured in a 53 social services district from the medical 54 assistance program by reducing the capita- 55 tion rates paid to medicaid managed care 56 organizations by the amount of savings 
 S. 7317 10 1 resulting from stably housing individuals 2 living with medically diagnosed HIV 3 infection as defined by the AIDS institute 4 of the state department of health, the 5 social services district shall make such 6 emergency shelter payments in excess of 7 those promulgated by the office of tempo- 8 rary and disability assistance but not 9 exceeding an amount reasonably approximate 10 to 100 percent of fair market rent, and 11 the savings shall be used to reimburse 100 12 percent of the cost of such excess emer- 13 gency shelter payments for cases reim- 14 bursed under the safety net assistance or 15 family assistance programs in social 16 services districts with a population of 17 five million or fewer, in accordance with 18 a plan approved by the office of temporary 19 and disability assistance and the director 20 of the budget; provided further that 21 reimbursement shall be provided to medi- 22 caid managed care organizations through 23 adjustments to capitation rates should 24 actual gross savings not be realized as 25 determined by the director of the budget. 26 For persons living with medically diagnosed 27 HIV infection as defined by the AIDS 28 institute of the state department of 29 health living in social services districts 30 with a population over five million who 31 are receiving public assistance, funds 32 appropriated herein shall be used to reim- 33 burse 29 percent of the additional rental 34 costs determined based on limiting such 35 person's earned and/or unearned income 36 contribution to 30 percent. 37 For persons living with medically diagnosed 38 HIV infection as defined by the AIDS 39 institute of the state department of 40 health living in social services districts 41 with a population of five million or fewer 42 who are receiving public assistance, funds 43 appropriated herein may be used to reim- 44 burse up to 100 percent of the additional 45 rental costs determined based on limiting 46 such person's earned and/or unearned 47 income contribution to 30 percent. Such 48 payments of additional rental costs shall 49 only be made at local option and in 50 accordance with a plan approved by the 51 office of temporary and disability assist- 52 ance and the director of the budget. 53 Provided, however, notwithstanding section 54 153 of the social services law or any 55 other inconsistent provision of law, if 56 necessary funding, as determined by the 
 S. 7317 11 1 director of the budget, is secured in a 2 social services district from the medical 3 assistance program by reducing the capita- 4 tion rates paid to medicaid managed care 5 organizations by the amount of savings 6 resulting from stably housing individuals 7 living with medically diagnosed HIV 8 infection as defined by the AIDS institute 9 of the state department of health, the 10 social services district shall make such 11 payments of additional rental costs, for 12 cases reimbursed under the safety net 13 assistance and family assistance program, 14 and the savings shall be used to reimburse 15 100 percent of the cost of the additional 16 rental costs determined based on limiting 17 such person's earned and/or unearned 18 income contribution to 30 percent in 19 social services districts with a popu- 20 lation of five million or fewer, in 21 accordance with a plan approved by the 22 office of temporary and disability assist- 23 ance and the director of the budget; 24 provided further that reimbursement shall 25 be provided to medicaid managed care 26 organizations through adjustments to capi- 27 tation rates should actual gross savings 28 not be realized as determined by the 29 director of the budget. 30 Amounts appropriated herein may be used to 31 enter into contracts with persons or enti- 32 ties authorized pursuant to subdivision 33 (j) of section 17 of the social services 34 law consistent with federal law and 35 requirements. Such contracts will be 36 consistent with subdivision (j) of section 37 17 of the social services law. Notwith- 38 standing section 153 of the social 39 services law or any other inconsistent 40 provision of law, the office may reduce 41 reimbursement otherwise payable to social 42 services districts to recover 29 percent 43 of costs incurred by the office for 44 expenditures related to subdivision (j) of 45 section 17 of the social services law. 46 Such funds are to be available for payment 47 of aid heretofore accrued or hereafter to 48 accrue to municipalities. Subject to the 49 approval of the director of the budget, 50 such funds shall be available to the 51 office of temporary and disability assist- 52 ance net of disallowances, refunds, 53 reimbursements, and credits, including 54 those related to title IV-E of the social 55 security act; and including, but not 56 limited to, additional federal funds 
 S. 7317 12 1 resulting from any changes in federal cost 2 allocation methodologies. 3 Notwithstanding any inconsistent provision 4 of law, the amount herein appropriated may 5 be increased or decreased by interchange 6 with any other appropriation within the 7 office of temporary and disability assist- 8 ance general fund - local assistance 9 account with the approval of the director 10 of the budget, who shall file such 11 approval with the department of audit and 12 control and copies thereof with the chair- 13 man of the senate finance committee and 14 the chairman of the assembly ways and 15 means committee. 16 Social services districts shall be required 17 to report to the office of temporary and 18 disability assistance on an annual basis, 19 information, as determined and requested 20 by the office, related to services and 21 expenditures for which reimbursement is 22 sought for providing temporary housing 23 assistance to homeless individuals and 24 families. Such information shall be 25 submitted electronically to the extent 26 feasible as determined by the office, and 27 shall be used to evaluate expenditures by 28 such social services districts for the 29 provision of temporary housing assistance 30 for homeless individuals and families. 31 Notwithstanding section 153 of the social 32 services law, or any other inconsistent 33 provision of law, the office of temporary 34 and disability assistance may withhold or 35 deny reimbursement, in whole or in part, 36 to any social services district that fails 37 to develop or submit a homeless services 38 plan subject to the approval of the office 39 of temporary and disability assistance, 40 fails to provide homeless services and 41 outreach in accordance with its approved 42 homeless services plan, or fails to devel- 43 op or submit homeless services outcome 44 reports, consistent with those require- 45 ments promulgated by the office of tempo- 46 rary and disability assistance. 47 Notwithstanding section 153 of the social 48 services law, or any other inconsistent 49 provision of law, such appropriation shall 50 be available for reimbursement of eligible 51 costs incurred on or after January 1, 2025 52 and before January 1, 2026, that are 53 otherwise reimbursable by the state on or 54 after April 1, 2025, that are claimed by 55 March 1, 2026. Such reimbursement shall 56 constitute total state reimbursement for 
 S. 7317 13 1 activities funded herein in state fiscal 2 year 2025-2026 (52203) ...................... 79,200,000 3 For expenditures for additional state 4 payments for eligible aged, blind, and 5 disabled persons related to supplemental 6 security income and for expenditures made 7 pursuant to title 8 of article 5 of the 8 social services law. Such funds are avail- 9 able for payment of aid heretofore accrued 10 or hereafter to accrue. Notwithstanding 11 any inconsistent provision of law, the 12 amount herein appropriated may be 13 increased or decreased by interchange with 14 any other appropriation within the office 15 of temporary and disability assistance 16 general fund - local assistance account 17 with the approval of the director of the 18 budget, who shall file such approval with 19 the department of audit and control and 20 copies thereof with the chairman of the 21 senate finance committee and the chairman 22 of the assembly ways and means committee 23 (52311) ..................................... 58,333,000 24 Special Revenue Funds - Federal 25 Federal Health and Human Services Fund 26 Temporary Assistance for Needy Families Account - 25178 27 For reimbursement of the cost of the family 28 assistance and the emergency assistance to 29 families programs. Notwithstanding section 30 153 of the social services law or any 31 inconsistent provision of law, funds 32 appropriated herein shall be provided 33 without state or local participation 34 except that for social services districts 35 with a population of five million or more, 36 reimbursement will be eighty-five percent. 37 Funds appropriated herein shall also include 38 the cost of providing shelter supplements 39 for family assistance households at local 40 option, including eligible households 41 containing a household member who has been 42 released from prison, in order to prevent 43 eviction and address homelessness in 44 accordance with social services district 45 plans approved by the office of temporary 46 and disability assistance and the director 47 of the budget, provided, however, that in 48 social services districts with a popu- 49 lation over five million no shelter 50 supplements other than the family home- 51 lessness and eviction prevention supple- 52 ment shall be reimbursed, provided however 53 funds appropriated herein shall only be 54 used to reimburse rental costs up to the 
 S. 7317 14 1 maximum rent levels in place as of January 2 1, 2021, then adjusted consistent with the 3 annual year-over-year percentage changes 4 in fair market rent, provided, however, in 5 the event of a decrease in fair market 6 rent the value of the maximum rent levels 7 reimbursed with funds appropriated herein 8 shall not decrease and shall be set at the 9 maximum rent levels established during the 10 prior year, and further provided that such 11 supplements shall not be part of the stan- 12 dard of need pursuant to section 131-a of 13 the social services law. 14 Funds appropriated herein shall also reim- 15 burse for family assistance expenditures 16 for emergency shelter, transportation, or 17 nutrition payments which the district 18 determines are necessary to establish or 19 maintain independent living arrangements 20 among persons living with medically diag- 21 nosed HIV infection as defined by the AIDS 22 institute of the State department of 23 health and who are homeless or facing 24 homelessness and for whom no viable and 25 less costly alternative to housing is 26 available; provided, however, that funds 27 appropriated herein may only be used for 28 such purposes if the cost of such allow- 29 ances are not eligible for reimbursement 30 under medical assistance or other 31 programs. 32 For persons living with medically diagnosed 33 HIV infection as defined by the AIDS 34 institute of the state department of 35 health who are receiving public assistance 36 funds appropriated herein shall not be 37 used to reimburse the additional rental 38 costs determined based on limiting such 39 person's earned and/or unearned income 40 contribution to 30 percent. 41 Amounts appropriated herein may be used to 42 enter into contracts with persons or enti- 43 ties authorized pursuant to subdivision 44 (j) of section 17 of the social services 45 law consistent with federal law and 46 requirements. Such contracts will be made 47 consistent with subdivision (j) of section 48 17 of the social services law. Notwith- 49 standing section 153 of the social 50 services law or any other inconsistent 51 provision of law, the office may reduce 52 reimbursement otherwise payable to social 53 services districts to recover the federal 54 share of costs incurred by the office for 55 expenditures related to subdivision (j) of 56 section 17 of the social services law. 
 S. 7317 15 1 Such funds are to be available for payment 2 of aid heretofore accrued or hereafter to 3 accrue to municipalities. Subject to the 4 approval of the director of the budget, 5 such funds shall be available to the 6 office of temporary and disability assist- 7 ance net of disallowances, refunds, 8 reimbursements, and credits including, but 9 not limited to, additional federal funds 10 resulting from any changes in federal cost 11 allocation methodologies. 12 Notwithstanding any inconsistent provision 13 of law, the amount herein appropriated may 14 be increased or decreased by interchange 15 with any other appropriation within the 16 office of temporary and disability assist- 17 ance federal fund - local assistance 18 account with the approval of the director 19 of the budget, who shall file such 20 approval with the department of audit and 21 control and copies thereof with the chair- 22 man of the senate finance committee and 23 the chairman of the assembly ways and 24 means committee. 25 Social services districts shall be required 26 to report to the office of temporary and 27 disability assistance on an annual basis, 28 information, as determined and requested 29 by the office, related to services and 30 expenditures for which reimbursement is 31 sought for providing temporary housing 32 assistance to homeless individuals and 33 families. Such information shall be 34 submitted electronically to the extent 35 feasible as determined by the office, and 36 shall be used to evaluate expenditures by 37 such social services districts for the 38 provision of temporary housing assistance 39 for homeless individuals and families. 40 Notwithstanding section 153 of the social 41 services law, or any other inconsistent 42 provision of law, the office of temporary 43 and disability assistance may withhold or 44 deny reimbursement, in whole or in part, 45 to any social services district that fails 46 to develop or submit a homeless services 47 plan subject to the approval of the office 48 of temporary and disability assistance, 49 fails to provide homeless services and 50 outreach in accordance with its approved 51 homeless services plan, or fails to devel- 52 op or submit homeless services outcome 53 reports, consistent with those require- 54 ments promulgated by the office of tempo- 55 rary and disability assistance. 
 S. 7317 16 1 Notwithstanding section 153 of the social 2 services law, or any other inconsistent 3 provision of law, such appropriation shall 4 be available for reimbursement of eligible 5 costs incurred on or after January 1, 2025 6 and before January 1, 2026, that are 7 otherwise reimbursable by the state on or 8 after April 1, 2025, that are claimed by 9 March 1, 2026. Such reimbursement shall 10 constitute total federal reimbursement for 11 activities funded herein in state fiscal 12 year 2025-26 (52203) ....................... 125,000,000 13 -------------- 14 § 8. Section 5 of chapter 113 of the laws of 2025, relating to making 15 appropriations for the support of government, as amended by chapter 118 16 of the laws of 2025, is amended to read as follows: 17 § 5. The amounts specified in this section, or so much thereof as 18 shall be sufficient to accomplish the purposes designated, is hereby 19 appropriated and authorized to be paid as hereinafter provided, to the 20 public officers and for the purposes specified, which amount shall be 21 available for the state fiscal year beginning April 1, 2025. 22 DEPARTMENT OF HEALTH 23 AID TO LOCALITIES 24 CENTER FOR COMMUNITY HEALTH PROGRAM .......... [16,630,000] 23,050,000 25 -------------- 26 General Fund 27 Local Assistance Account - 10000 28 For services and expenses related to the 29 Indian health program. The money hereby 30 appropriated shall be for payment of 31 financial assistance heretofore accrued or 32 hereafter to accrue (26840) .................. 7,000,000 33 -------------- 34 Special Revenue Funds - Federal 35 Federal USDA-Food and Nutrition Services Fund 36 Federal Food and Nutrition Services Account - 25022 37 For various federal food and nutritional 38 services. The moneys hereby appropriated 39 shall be available for payment of finan- 40 cial assistance heretofore accrued (26986) 41 ............................... [9,630,000] 16,050,000 42 -------------- 43 ELDERLY PHARMACEUTICAL INSURANCE COVERAGE PROGRAM ............ 1,520,000 44 -------------- 45 Special Revenue Funds - Other 46 HCRA Resources Fund 
 S. 7317 17 1 EPIC Premium Account - 20818 2 For services and expenses of the program for 3 elderly pharmaceutical insurance coverage, 4 including reimbursement to pharmacies 5 participating in such program. 6 The moneys hereby appropriated shall be 7 available for payment of financial assist- 8 ance heretofore accrued (26803) .............. 1,520,000 9 MEDICAL ASSISTANCE PROGRAM ............... [2,222,408,000] 3,333,612,000 10 -------------- 11 General Fund 12 Local Assistance Account - 10000 13 For the medical assistance program, includ- 14 ing administrative expenses, for local 15 social services districts, and for medical 16 care rates for authorized child care agen- 17 cies. 18 Notwithstanding section 40 of the state 19 finance law or any provision of law to the 20 contrary, subject to federal approval, 21 department of health state funds medicaid 22 spending, excluding payments for medical 23 services provided at state facilities 24 operated by the office of mental health, 25 the office for people with developmental 26 disabilities and the office of addiction 27 services and supports and further exclud- 28 ing any payments which are not appropri- 29 ated within the department of health, in 30 the aggregate, for the period April 1, 31 2025 through March 31, 2026, shall not 32 exceed $33,417,285,000 except as provided 33 below provided, however, such aggregate 34 limits may be adjusted by the director of 35 the budget to account for any changes in 36 the New York state federal medical assist- 37 ance percentage amount established pursu- 38 ant to the federal social security act, 39 increases in provider revenues, reductions 40 in local social services district payments 41 for medical assistance administration, 42 minimum wage increases, and beginning 43 April 1, 2012 the operational costs of the 44 New York state medical indemnity fund, 45 pursuant to chapter 59 of the laws of 46 2011, and state costs or savings from the 47 essential plan program. Such projections 48 may be adjusted by the director of the 49 budget to account for increased or expe- 50 dited department of health state funds 51 medicaid expenditures as a result of a 52 natural or other type of disaster, includ- 
 S. 7317 18 1 ing a governmental declaration of emergen- 2 cy. 3 The director of the budget, in consultation 4 with the commissioner of health, shall 5 assess on a quarterly basis known and 6 projected medicaid expenditures by catego- 7 ry of service and by geographic region, as 8 defined by the commissioner, incurred both 9 prior to and subsequent to such assessment 10 for each such period, and if the director 11 of the budget determines that such expend- 12 itures are expected to cause medicaid 13 spending for such period to exceed the 14 aggregate limit specified herein for such 15 period, the state medicaid director, in 16 consultation with the director of the 17 budget and the commissioner of health, 18 shall develop a medicaid savings allo- 19 cation adjustment to limit such spending 20 to the aggregate limit specified herein 21 for such period. 22 Such medicaid savings allocation adjustment 23 shall be designed, to reduce the expendi- 24 tures authorized by the appropriations 25 herein in compliance with the following 26 guidelines: (1) reductions shall be made 27 in compliance with applicable federal law, 28 including the provisions of the Patient 29 Protection and Affordable Care Act, Public 30 Law No. 111-148, and the Health Care and 31 Education Reconciliation Act of 2010, 32 Public Law No. 111-152 (collectively 33 "Affordable Care Act") and any subsequent 34 amendments thereto or regulations promul- 35 gated thereunder; (2) reductions shall be 36 made in a manner that complies with the 37 state medicaid plan approved by the feder- 38 al centers for medicare and medicaid 39 services, provided, however, that the 40 commissioner of health is authorized to 41 submit any state plan amendment or seek 42 other federal approval, including waiver 43 authority, to implement the provisions of 44 the medicaid savings allocation adjustment 45 that meets the other criteria set forth 46 herein; (3) reductions shall be made in a 47 manner that maximizes federal financial 48 participation, to the extent practicable, 49 including any federal financial partic- 50 ipation that is available or is reasonably 51 expected to become available, in the 52 discretion of the commissioner, under the 53 Affordable Care Act; (4) reductions shall 54 be made uniformly among categories of 55 services and geographic regions of the 56 state, to the extent practicable, and 
 S. 7317 19 1 shall be made uniformly within a category 2 of service, to the extent practicable, 3 except where the commissioner determines 4 that there are sufficient grounds for 5 non-uniformity, including but not limited 6 to: the extent to which specific catego- 7 ries of services contributed to department 8 of health medicaid state funds spending in 9 excess of the limits specified herein; the 10 need to maintain safety net services in 11 underserved communities; or the potential 12 benefits of pursuing innovative payment 13 models contemplated by the Affordable Care 14 Act, in which case such grounds shall be 15 set forth in the medicaid savings allo- 16 cation adjustment; and (5) reductions 17 shall be made in a manner that does not 18 unnecessarily create administrative 19 burdens to medicaid applicants and recipi- 20 ents or providers. 21 The commissioner shall seek the input of the 22 legislature, as well as organizations 23 representing health care providers, 24 consumers, businesses, workers, health 25 insurers, and others with relevant exper- 26 tise, in developing such medicaid savings 27 allocation adjustment, to the extent that 28 all or part of such adjustment, in the 29 discretion of the commissioner, is likely 30 to have a material impact on the overall 31 medicaid program, particular categories of 32 service or particular geographic regions 33 of the state. 34 (a) The commissioner shall post the medicaid 35 savings allocation adjustment on the 36 department of health's website and shall 37 provide written copies of such adjustment 38 to the chairs of the senate finance and 39 the assembly ways and means committees at 40 least 30 days before the date on which 41 implementation is expected to begin. 42 (b) The commissioner may revise the medicaid 43 savings allocation adjustment subsequent 44 to the provisions of notice and prior to 45 implementation but needs to provide a new 46 notice pursuant to subparagraph (i) of 47 this paragraph only if the commissioner 48 determines, in his or her discretion, that 49 such revisions materially alter the 50 adjustment. 51 Notwithstanding the provisions of paragraphs 52 (a) and (b) of this subdivision, the 53 commissioner need not seek the input 54 described in paragraph (a) of this subdi- 55 vision or provide notice pursuant to para- 56 graph (b) of this subdivision if, in the 
 S. 7317 20 1 discretion of the commissioner, expedited 2 development and implementation of a medi- 3 caid savings allocation adjustment is 4 necessary due to a public health emergen- 5 cy. 6 For purposes of this section, a public 7 health emergency is defined as: (i) a 8 disaster, natural or otherwise, that 9 significantly increases the immediate need 10 for health care personnel in an area of 11 the state; (ii) an event or condition that 12 creates a widespread risk of exposure to a 13 serious communicable disease, or the 14 potential for such widespread risk of 15 exposure; or (iii) any other event or 16 condition determined by the commissioner 17 to constitute an imminent threat to public 18 health. 19 Nothing in this paragraph shall be deemed to 20 prevent all or part of such medicaid 21 savings allocation adjustment from taking 22 effect retroactively to the extent permit- 23 ted by the federal centers for medicare 24 and medicaid services. 25 In accordance with the medicaid savings 26 allocation adjustment, the commissioner of 27 the department of health shall reduce 28 department of health state funds medicaid 29 spending by the amount of the projected 30 overspending through, actions including, 31 but not limited to modifying or suspending 32 reimbursement methods, including but not 33 limited to all fees, premium levels and 34 rates of payment, notwithstanding any 35 provision of law that sets a specific 36 amount or methodology for any such 37 payments or rates of payment; modifying or 38 discontinuing medicaid program benefits; 39 seeking all necessary federal approvals, 40 including, but not limited to waivers, 41 waiver amendments; and suspending time 42 frames for notice, approval or certif- 43 ication of rate requirements, notwith- 44 standing any provision of law, rule or 45 regulation to the contrary, including but 46 not limited to sections 2807 and 3614 of 47 the public health law, section 18 of chap- 48 ter 2 of the laws of 1988, and 18 NYCRR 49 505.14(h). 50 The department of health shall prepare a 51 quarterly report that sets forth: (a) 52 known and projected department of health 53 medicaid expenditures as described in 54 subdivision (1) of this section, and 55 factors that could result in medicaid 56 disbursements for the relevant state 
 S. 7317 21 1 fiscal year to exceed the projected 2 department of health state funds disburse- 3 ments in the enacted budget financial plan 4 pursuant to subdivision 3 of section 23 of 5 the state finance law, including spending 6 increases or decreases due to: enrollment 7 fluctuations, rate changes, utilization 8 changes, MRT investments, and shift of 9 beneficiaries to managed care; and vari- 10 ations in offline medicaid payments; and 11 (b) the actions taken to implement any 12 medicaid savings allocation adjustment 13 implemented pursuant to subdivision (4) of 14 this section, including information 15 concerning the impact of such actions on 16 each category of service and each 17 geographic region of the state. Each such 18 quarterly report shall be provided to the 19 chairs of the senate finance and the 20 assembly ways and means committees and 21 shall be posted on the department of 22 health's website in a timely manner. 23 The money hereby appropriated is to be 24 available for payment of aid heretofore 25 accrued or hereafter accrued to munici- 26 palities, and to providers of medical 27 services pursuant to section 367-b of the 28 social services law, and for payment of 29 state aid to municipalities and to provid- 30 ers of family care where payment systems 31 through the fiscal intermediaries are not 32 operational. 33 Notwithstanding any inconsistent provision 34 of law to the contrary, funds may be used 35 by the department for outside legal 36 assistance on issues involving the federal 37 government, the conduct of preadmission 38 screening and annual resident reviews 39 required by the state's medicaid program, 40 computer matching with insurance carriers 41 to insure that medicaid is the payer of 42 last resort and activities related to the 43 management of the pharmacy benefit avail- 44 able under the medicaid program. 45 Notwithstanding any inconsistent provision 46 of law, in lieu of payments authorized by 47 the social services law, or payments of 48 federal funds otherwise due to the local 49 social services districts for programs 50 provided under the federal social security 51 act or the federal food stamp act, funds 52 herein appropriated, in amounts certified 53 by the state commissioner of temporary and 54 disability assistance or the state commis- 55 sioner of health as due from local social 56 services districts each month as their 
 S. 7317 22 1 share of payments made pursuant to section 2 367-b of the social services law may be 3 set aside by the state comptroller in an 4 interest-bearing account in order to 5 ensure the orderly and prompt payment of 6 providers under section 367-b of the 7 social services law pursuant to an esti- 8 mate provided by the commissioner of 9 health of each local social services 10 district's share of payments made pursuant 11 to section 367-b of the social services 12 law. 13 Notwithstanding any inconsistent provision 14 of law, funding made available by these 15 appropriations shall support direct salary 16 costs and related fringe benefits within 17 the medical assistance program associated 18 with any minimum wage increase that takes 19 effect during the timeframe of these 20 appropriations, pursuant to section 652 of 21 the labor law. Each eligible organization 22 in receipt of funding made available by 23 these appropriations may be required to 24 submit written certification, in such form 25 and at such time the commissioner may 26 prescribe, attesting to the total amount 27 of funds used by the eligible organiza- 28 tion, how such funding will be or was used 29 for purposes eligible under these appro- 30 priations and any other reporting deemed 31 necessary by the commissioner. The amounts 32 appropriated herein may include advances 33 to organizations authorized to receive 34 such funds to accomplish this purpose. 35 Notwithstanding any other provision of law, 36 the money hereby appropriated may be 37 increased or decreased by interchange or 38 transfer, with any appropriation of the 39 department of health and the office of 40 medicaid inspector general and may be 41 increased or decreased by transfer or 42 suballocation between these appropriated 43 amounts and appropriations of the depart- 44 ment of health state purpose account, the 45 office of mental health, office for people 46 with developmental disabilities, the 47 office of addiction services and supports, 48 the department of family assistance office 49 of temporary and disability assistance, 50 the department of corrections and communi- 51 ty supervision, the office of information 52 technology services, the state university 53 of New York, and office of children and 54 family services, the office of medicaid 55 inspector general, the state education 56 department, and the state office for the 
 S. 7317 23 1 aging with the approval of the director of 2 the budget, who shall file such approval 3 with the department of audit and control 4 and copies thereof with the chairman of 5 the senate finance committee and the 6 chairman of the assembly ways and means 7 committee. 8 Notwithstanding any inconsistent provision 9 of law to the contrary, the moneys hereby 10 appropriated may be used for payments to 11 the centers for medicaid and medicare 12 services for obligations incurred related 13 to the pharmaceutical costs of dually 14 eligible medicare/medicaid beneficiaries 15 participating in the medicare drug benefit 16 authorized by P.L. 108-173. 17 Notwithstanding any inconsistent provision 18 of law, the moneys hereby appropriated 19 shall not be used for any existing rates, 20 fees, fee schedule, or procedures which 21 may affect the cost of care and services 22 provided by personal care providers, case 23 managers, health maintenance organiza- 24 tions, out of state medical facilities 25 which provide care and services to resi- 26 dents of the state, providers of transpor- 27 tation services, that are altered, 28 amended, adjusted or otherwise changed by 29 a local social services district unless 30 previously approved by the department of 31 health and the director of the budget. 32 Notwithstanding any inconsistent provision 33 of law to the contrary, funds shall be 34 made available to the commissioner of the 35 office of mental health or the commission- 36 er of the office of addiction services and 37 supports, in consultation with the commis- 38 sioner of health and approved by the 39 director of the budget, and consistent 40 with appropriations made therefor, to 41 implement allocation adjustment developed 42 by each such commissioner which shall 43 describe mental health or substance use 44 disorder services that should be developed 45 to meet service needs resulting from the 46 reduction of inpatient behavioral health 47 services provided under the medicaid 48 program, by programs licensed pursuant to 49 article 31 or 32 of the mental hygiene 50 law. Such programs may include programs 51 that are licensed pursuant to both article 52 31 of the mental hygiene law and article 53 28 of the public health law, or certified 54 under both article 32 of the mental 55 hygiene law and article 28 of the public 56 health law. 
 S. 7317 24 1 Notwithstanding any inconsistent provision 2 of law, the moneys hereby appropriated may 3 be available for payments associated with 4 the resolution by settlement agreement or 5 judgment of rate appeals and/or litigation 6 where the department of health is a party. 7 For services and expenses of the medical 8 assistance program including hospital 9 inpatient services and general hospitals 10 that are safety-net providers that evince 11 severe financial distress, pursuant to 12 criteria determined by the commissioner, 13 shall be eligible for awards for amounts 14 appropriated herein, to enable such 15 providers to maintain operations and vital 16 services while establishing long term 17 solutions to achieve sustainable health 18 services. 19 Notwithstanding any inconsistent provisions 20 of law, no expenditures shall be used for 21 the medical assistance program for any 22 expenses not explicitly authorized in law 23 without the approval of the director of 24 the budget. 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 (26947) ......... [40,400,000] 60,600,000 34 For services and expenses of the medical 35 assistance program including hospital 36 outpatient and emergency room services. 37 Notwithstanding any provision of law to the 38 contrary, the portion of this appropri- 39 ation covering fiscal year 2025-26 shall 40 supersede and replace any duplicative (i) 41 reappropriation for this item covering 42 fiscal year 2025-26, and (ii) appropri- 43 ation for this item covering fiscal year 44 2025-26 set forth in chapter 53 of the 45 laws of 2024 (26948) ......... [10,432,000] 15,648,000 46 For services and expenses of the medical 47 assistance program including clinic 48 services. 49 Notwithstanding any provision of law to the 50 contrary, the portion of this appropri- 51 ation covering fiscal year 2025-26 shall 52 supersede and replace any duplicative (i) 53 reappropriation for this item covering 54 fiscal year 2025-26, and (ii) appropri- 55 ation for this item covering fiscal year 
 S. 7317 25 1 2025-26 set forth in chapter 53 of the 2 laws of 2024 (26949) ......... [19,026,000] 28,539,000 3 For services and expenses of the medical 4 assistance program including nursing home 5 services. 6 Notwithstanding any provision of law to the 7 contrary, the portion of this appropri- 8 ation covering fiscal year 2025-26 shall 9 supersede and replace any duplicative (i) 10 reappropriation for this item covering 11 fiscal year 2025-26, and (ii) appropri- 12 ation for this item covering fiscal year 13 2025-26 set forth in chapter 53 of the 14 laws of 2024 (26950) ......... [50,936,000] 76,404,000 15 For services and expenses of the medical 16 assistance program including other long 17 term care services. 18 Notwithstanding any provision of law to the 19 contrary, the portion of this appropri- 20 ation covering fiscal year 2025-26 shall 21 supersede and replace any duplicative (i) 22 reappropriation for this item covering 23 fiscal year 2025-26, and (ii) appropri- 24 ation for this item covering fiscal year 25 2025-26 set forth in chapter 53 of the 26 laws of 2024 (26951) ........ [140,778,000] 211,167,000 27 For services and expenses of the medical 28 assistance program including managed care 29 services including regional planning 30 activities of the finger lakes health 31 systems agency, including statewide coor- 32 dination and demonstration of best prac- 33 tices. The department shall make grants 34 within amounts appropriated therefor, to 35 assure high-quality and accessible primary 36 care, to provide technical assistance to 37 support financial and business planning 38 for integrated systems of care, and to 39 assist primary care providers in the 40 adoption, implementation, and meaningful 41 use of electronic health record technolo- 42 gy. 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 (26952) ......... [86,862,000] 130,293,000 52 For services and expenses for health homes 53 including grants to health homes. 54 Notwithstanding any provision of law to the 55 contrary, the portion of this appropri- 56 ation covering fiscal year 2025-26 shall 
 S. 7317 26 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 (29548) .......... [6,032,000] 9,048,000 7 For services and expenses of the medical 8 assistance program including pharmacy 9 services provided, however, that no funds 10 shall be made available pursuant to this 11 appropriation for any drug not explicitly 12 authorized in any enacted law, rule, or 13 regulation without approval from the 14 director of the budget. 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 (26953) ......... [96,952,000] 145,428,000 24 For services and expenses of the medical 25 assistance program including transporta- 26 tion 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 (26954) ......... [14,344,000] 21,516,000 36 For services and expenses of the medical 37 assistance program including dental 38 services. 39 Notwithstanding any provision of law to the 40 contrary, the portion of this appropri- 41 ation covering fiscal year 2025-26 shall 42 supersede and replace any duplicative (i) 43 reappropriation for this item covering 44 fiscal year 2025-26, and (ii) appropri- 45 ation for this item covering fiscal year 46 2025-26 set forth in chapter 53 of the 47 laws of 2024 (26955) ............ [164,000] 246,000 48 For services and expenses of the medical 49 assistance program including non-institu- 50 tional and other spending. 51 The money hereby appropriated is available 52 for payment of liabilities heretofore 53 accrued or hereafter accrued. 54 Notwithstanding any inconsistent provision 55 of law, the money hereby appropriated may 56 be available for payments to any county or 
 S. 7317 27 1 public school districts associated with 2 additional claims for school supportive 3 health 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 (26956) ......... [39,604,000] 59,406,000 13 For services and expenses of the medical 14 assistance program including medical 15 services provided at state facilities 16 operated by the office of mental health, 17 the office for people with developmental 18 disabilities and the office of addiction 19 services and supports. 20 Notwithstanding any provision of law to the 21 contrary, the portion of this appropri- 22 ation covering fiscal year 2025-26 shall 23 supersede and replace any duplicative (i) 24 reappropriation for this item covering 25 fiscal year 2025-26, and (ii) appropri- 26 ation for this item covering fiscal year 27 2025-26 set forth in chapter 53 of the 28 laws of 2024 (26961) ........ [166,800,000] 250,200,000 29 -------------- 30 Special Revenue Funds - Federal 31 Federal Health and Human Services Fund 32 Medicaid Direct Account - 25106 33 For services and expenses for the medical 34 assistance program, including administra- 35 tive expenses for local social services 36 districts, pursuant to title XIX of the 37 federal social security act or its succes- 38 sor program. 39 The moneys hereby appropriated are to be 40 available for payment of aid heretofore 41 accrued or hereafter accrued to munici- 42 palities, and to providers of medical 43 services pursuant to section 367-b of the 44 social services law, and for payment of 45 state aid to municipalities and to provid- 46 ers of family care where payment systems 47 through the fiscal intermediaries are not 48 operational. 49 Notwithstanding any inconsistent provision 50 of law, funding made available by these 51 appropriations shall support direct salary 52 costs and related fringe benefits within 53 the medical assistance program associated 54 with any minimum wage increase that takes 
 S. 7317 28 1 effect during the timeframe of these 2 appropriations, pursuant to section 652 of 3 the labor law. Each eligible organization 4 in receipt of funding made available by 5 these appropriations may be required to 6 submit written certification, in such form 7 and at such time the commissioner may 8 prescribe, attesting to the total amount 9 of funds used by the eligible organiza- 10 tion, how such funding will be or was used 11 for purposes eligible under these appro- 12 priations and any other reporting deemed 13 necessary by the commissioner. The amounts 14 appropriated herein may include advances 15 to organizations authorized to receive 16 such funds to accomplish this purpose. 17 Notwithstanding any other provision of law, 18 the money hereby appropriated may be 19 increased or decreased by interchange or 20 transfer, with any appropriation of the 21 department of health and the office of 22 medicaid inspector general and may be 23 increased or decreased by transfer or 24 suballocation between these appropriated 25 amounts and appropriations of the office 26 of mental health, office for people with 27 developmental disabilities, the office of 28 addiction services and supports, the 29 department of family assistance office of 30 temporary and disability assistance, 31 office of children and family services, 32 the department of financial services, 33 department of corrections and community 34 supervision, the office of information 35 technology services, the state university 36 of New York, the state education depart- 37 ment, and the state office for the aging 38 with the approval of the director of the 39 budget, who shall file such approval with 40 the department of audit and control and 41 copies thereof with the chairman of the 42 senate finance committee and the chairman 43 of the assembly ways and means committee. 44 Notwithstanding any inconsistent provision 45 of law, in lieu of payments authorized by 46 the social services law, or payments of 47 federal funds otherwise due to the local 48 social services districts for programs 49 provided under the federal social security 50 act or the federal food stamp act, funds 51 herein appropriated, in amounts certified 52 by the state commissioner of temporary and 53 disability assistance or the state commis- 54 sioner of health as due from local social 55 services districts each month as their 56 share of payments made pursuant to section 
 S. 7317 29 1 367-b of the social services law may be 2 set aside by the state comptroller in an 3 interest-bearing account in order to 4 ensure the orderly and prompt payment of 5 providers under section 367-b of the 6 social services law pursuant to an esti- 7 mate provided by the commissioner of 8 health of each local social services 9 district's share of payments made pursuant 10 to section 367-b of the social services 11 law. 12 Notwithstanding any inconsistent provision 13 of law to the contrary, funds shall be 14 made available to the commissioner of the 15 office of mental health or the commission- 16 er of the office of addiction services and 17 supports, in consultation with the commis- 18 sioner of health and approved by the 19 director of the budget, and consistent 20 with appropriations made therefor, to 21 implement allocation adjustment developed 22 by each such commissioner which shall 23 describe mental health or substance use 24 disorder services that should be developed 25 to meet service needs resulting from the 26 reduction of inpatient behavioral health 27 services provided under the medicaid 28 program, by programs licensed pursuant to 29 article 31 or 32 of the mental hygiene 30 law. Such programs may include programs 31 that are licensed pursuant to both article 32 31 of the mental hygiene law and article 33 28 of the public health law, or certified 34 under both article 32 of the mental 35 hygiene law and article 28 of the public 36 health law. 37 Notwithstanding any inconsistent provision 38 of law, the moneys hereby appropriated may 39 be available for payments associated with 40 the resolution by settlement agreement or 41 judgment of rate appeals and/or litigation 42 where the department of health is a party. 43 Notwithstanding any inconsistent 44 provisions of law, no expenditures shall 45 be used for the medical assistance program 46 for any expenses not explicitly authorized 47 in law without the approval of the direc- 48 tor of the budget. 49 For services and expenses of the medical 50 assistance program including hospital 51 inpatient services. 52 Notwithstanding any provision of law to the 53 contrary, the portion of this appropri- 54 ation covering fiscal year 2025-26 shall 55 supersede and replace any duplicative (i) 56 reappropriation for this item covering 
 S. 7317 30 1 fiscal year 2025-26, and (ii) appropri- 2 ation for this item covering fiscal year 3 2025-26 set forth in chapter 53 of the 4 laws of 2024 (26947) ........ [115,628,000] 173,442,000 5 For services and expenses of the medical 6 assistance program including hospital 7 outpatient and emergency room services. 8 Notwithstanding any provision of law to the 9 contrary, the portion of this appropri- 10 ation covering fiscal year 2025-26 shall 11 supersede and replace any duplicative (i) 12 reappropriation for this item covering 13 fiscal year 2025-26, and (ii) appropri- 14 ation for this item covering fiscal year 15 2025-26 set forth in chapter 53 of the 16 laws of 2024 (26948) ......... [20,744,000] 31,116,000 17 For services and expenses of the medical 18 assistance program including clinic 19 services. 20 Notwithstanding any provision of law to the 21 contrary, the portion of this appropri- 22 ation covering fiscal year 2025-26 shall 23 supersede and replace any duplicative (i) 24 reappropriation for this item covering 25 fiscal year 2025-26, and (ii) appropri- 26 ation for this item covering fiscal year 27 2025-26 set forth in chapter 53 of the 28 laws of 2024 (26949) ......... [33,934,000] 50,901,000 29 For services and expenses of the medical 30 assistance program including nursing home 31 services. 32 Notwithstanding any provision of law to the 33 contrary, the portion of this appropri- 34 ation covering fiscal year 2025-26 shall 35 supersede and replace any duplicative (i) 36 reappropriation for this item covering 37 fiscal year 2025-26, and (ii) appropri- 38 ation for this item covering fiscal year 39 2025-26 set forth in chapter 53 of the 40 laws of 2024(26950) ......... [158,718,000] 238,077,000 41 For services and expenses of the medical 42 assistance program including other long 43 term care services. 44 Notwithstanding any provision of law to the 45 contrary, the portion of this appropri- 46 ation covering fiscal year 2025-26 shall 47 supersede and replace any duplicative (i) 48 reappropriation for this item covering 49 fiscal year 2025-26, and (ii) appropri- 50 ation for this item covering fiscal year 51 2025-26 set forth in chapter 53 of the 52 laws of 2024 (26951) ........ [264,788,000] 397,182,000 53 For services and expenses of the medical 54 assistance program including managed care 55 services including regional planning 56 activities of the finger lakes health 
 S. 7317 31 1 systems agency, including statewide coor- 2 dination and demonstration of best prac- 3 tices. The department shall make grants 4 within amounts appropriated therefor, to 5 assure high-quality and accessible primary 6 care, to provide technical assistance to 7 support financial and business planning 8 for integrated systems of care, and to 9 assist primary care providers in the 10 adoption, implementation, and meaningful 11 use of electronic health record technolo- 12 gy. 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 (26952) ........ [301,658,000] 452,487,000 22 For services and expenses of the medical 23 assistance program including pharmacy 24 services, provided, however, that no funds 25 shall be made available pursuant to this 26 appropriation for any drug not explicitly 27 authorized in any heretofore enacted law, 28 rule, or regulation without approval from 29 the director of the budget. 30 Notwithstanding any provision of law to the 31 contrary, the portion of this appropri- 32 ation covering fiscal year 2025-26 shall 33 supersede and replace any duplicative (i) 34 reappropriation for this item covering 35 fiscal year 2025-26, and (ii) appropri- 36 ation for this item covering fiscal year 37 2025-26 set forth in chapter 53 of the 38 laws of 2024 (26953) ........ [185,232,000] 277,848,000 39 For services and expenses of the medical 40 assistance program including transporta- 41 tion services. 42 Notwithstanding any provision of law to the 43 contrary, the portion of this appropri- 44 ation covering fiscal year 2025-26 shall 45 supersede and replace any duplicative (i) 46 reappropriation for this item covering 47 fiscal year 2025-26, and (ii) appropri- 48 ation for this item covering fiscal year 49 2025-26 set forth in chapter 53 of the 50 laws of 2024 (26954) ......... [24,470,000] 36,705,000 51 For services and expenses of the medical 52 assistance program including dental 53 services. 54 Notwithstanding any provision of law to the 55 contrary, the portion of this appropri- 56 ation covering fiscal year 2025-26 shall 
 S. 7317 32 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 (26955) ........... [2,844,000] 4,266,000 7 For services and expenses of the medical 8 assistance program including noninstitu- 9 tional and other spending. 10 The money hereby appropriated is available 11 for payment of liabilities heretofore 12 accrued or hereafter accrued. 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 (26956) ....... [275,262,000] 412,893,000 22 For services and expenses of the medical 23 assistance program including medical 24 services provided at state facilities 25 operated by the office of mental health, 26 the office for people with developmental 27 disabilities and the office of addiction 28 services and supports. 29 Notwithstanding any provision of law to the 30 contrary, the portion of this appropri- 31 ation covering fiscal year 2025-26 shall 32 supersede and replace any duplicative (i) 33 reappropriation for this item covering 34 fiscal year 2025-26, and (ii) appropri- 35 ation for this item covering fiscal year 36 2025-26 set forth in chapter 53 of the 37 laws of 2024 (26961) ....... [166,800,000] 250,200,000 38 -------------- 39 § 9. Section 6 of chapter 113 of the laws of 2025, relating to making 40 appropriations for the support of government, as amended by chapter 118 41 of the laws of 2025, is amended to read as follows: 42 § 6. The amounts specified in this section, or so much thereof as 43 shall be sufficient to accomplish the purposes designated, is hereby 44 appropriated and authorized to be paid as hereinafter provided, to the 45 public officers and for the purposes specified, which amount shall be 46 available for the state fiscal year beginning April 1, 2025. 47 DEPARTMENT OF LABOR 48 AID TO LOCALITIES 49 UNEMPLOYMENT INSURANCE BENEFIT PROGRAM ...... [345,000,000] 465,000,000 50 -------------- 51 Enterprise Funds 
 S. 7317 33 1 Unemployment Insurance Benefit Fund 2 Unemployment Insurance Benefit Account - 50650 3 For payment of unemployment insurance bene- 4 fits pursuant to article 18 of the labor 5 law or as authorized by the federal 6 government through the disaster unemploy- 7 ment assistance program, the emergency 8 unemployment compensation program, the 9 extended benefit program, the federal 10 additional compensation program or any 11 other federally funded unemployment bene- 12 fit program (34787) ......... [345,000,000] 465,000,000 13 § 10. The amounts specified in this section, or so much thereof as 14 shall be sufficient to accomplish the purposes designated, is hereby 15 appropriated and authorized to be paid as hereinafter provided, to the 16 public officers and for the purposes specified, which amount shall be 17 available for the state fiscal year beginning April 1, 2025. 18 DEPARTMENT OF TRANSPORTATION 19 AID TO LOCALITIES 20 DEDICATED MASS TRANSPORTATION TRUST FUND PROGRAM ............ 49,437,000 21 -------------- 22 Special Revenue Funds - Other 23 Dedicated Mass Transportation Trust Fund 24 Railroad Account - 20852 25 To the metropolitan transportation authority 26 for deposit in the metropolitan transpor- 27 tation authority dedicated tax fund for 28 the expenses of the New York city transit 29 authority, the Manhattan and Bronx surface 30 transit operating authority, and the 31 Staten Island rapid transit operating 32 authority, the Long Island rail road 33 company and the Metro-North commuter rail- 34 road company which includes the New York 35 state portion of the Harlem, Hudson, Port 36 Jervis, Pascack, and the New Haven commu- 37 ter railroad service regardless of whether 38 the services are provided directly or 39 pursuant to joint service agreements. 40 No expenditure shall be made hereunder until 41 a certificate of approval has been issued 42 by the director of the budget and a copy 43 of such certificate filed with the state 44 comptroller, the chairperson of the senate 45 finance committee and the chairperson of 46 the assembly ways and means committee. 47 Moneys appropriated herein may be made 48 available at such times and upon such 49 conditions as may be deemed appropriate by 50 the commissioner of transportation and the 
 S. 7317 34 1 director of the budget in accordance with 2 the following: 3 To the metropolitan transportation authority 4 for the operating expenses of the Long 5 Island rail road company and the Metro- 6 North commuter railroad company which 7 include operating expenses for the New 8 York state portion of Harlem, Hudson, Port 9 Jervis, Pascack, and New Haven commuter 10 railroad services regardless of whether 11 such services are provided directly or 12 pursuant to joint service agreements 13 (54282) ...................................... 7,426,000 14 Special Revenue Funds - Other 15 Dedicated Mass Transportation Trust Fund 16 Transit Authorities Account - 20851 17 To the metropolitan transportation authority 18 for deposit in the metropolitan transpor- 19 tation authority dedicated tax fund for 20 the expenses of the New York city transit 21 authority, the Manhattan and Bronx surface 22 transit operating authority, and the 23 Staten Island rapid transit operating 24 authority, the Long Island rail road 25 company and the Metro-North commuter rail- 26 road company which includes the New York 27 state portion of the Harlem, Hudson, Port 28 Jervis, Pascack, and the New Haven commu- 29 ter railroad service regardless of whether 30 the services are provided directly or 31 pursuant to joint service agreements. 32 No expenditure shall be made hereunder until 33 a certificate of approval has been issued 34 by the director of the budget and a copy 35 of such certificate filed with the state 36 comptroller, the chairperson of the senate 37 finance committee and the chairperson of 38 the assembly ways and means committee. 39 Moneys appropriated herein may be made 40 available at such times and upon such 41 conditions as may be deemed appropriate by 42 the commissioner of transportation and the 43 director of the budget in accordance with 44 the following: 45 To the metropolitan transportation authority 46 for the operating expenses of the New York 47 city transit authority, the Manhattan and 48 Bronx surface transit operating authority, 49 and the Staten Island rapid transit oper- 50 ating authority (53173) ..................... 42,011,000 51 -------------- 52 § 11. The amounts specified in this section, or so much thereof as 53 shall be sufficient to accomplish the purposes designated, is hereby 
 S. 7317 35 1 appropriated and authorized to be paid as hereinafter provided, to the 2 public officers and for the purposes specified, which amount shall be 3 available for the state fiscal year beginning April 1, 2025. 4 DEPARTMENT OF MENTAL HYGIENE 5 OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES 6 AID TO LOCALITIES 7 COMMUNITY SERVICES PROGRAM ................................. 302,259,000 8 -------------- 9 General Fund 10 Local Assistance Account - 10000 11 For services and expenses of the community 12 services program, net of disallowances, 13 for community programs for people with 14 developmental disabilities pursuant to 15 article 41 of the mental hygiene law, 16 and/or chapter 620 of the laws of 1974, 17 chapter 660 of the laws of 1977, chapter 18 412 of the laws of 1981, chapter 27 of the 19 laws of 1987, chapter 729 of the laws of 20 1989, chapter 329 of the laws of 1993 and 21 other provisions of the mental hygiene 22 law. Notwithstanding any inconsistent 23 provision of law, the following appropri- 24 ation shall be net of prior and/or current 25 year refunds, rebates, reimbursements, and 26 credits. 27 Notwithstanding any other provision of law, 28 advances and reimbursement made pursuant 29 to subdivision (d) of section 41.15 and 30 section 41.18 of the mental hygiene law 31 shall be allocated pursuant to a plan and 32 in a manner prescribed by the agency head 33 and approved by the director of the budg- 34 et. The moneys hereby appropriated are 35 available to reimburse or advance locali- 36 ties and voluntary non-profit agencies for 37 expenditures made during local fiscal 38 periods commencing January 1, 2025, April 39 1, 2025 or July 1, 2025, and for advances 40 for the 3 month period beginning January 41 1, 2026. 42 Notwithstanding the provisions of article 41 43 of the mental hygiene law or any other 44 inconsistent provision of law, rule or 45 regulation, the commissioner, pursuant to 46 such contract and in the manner provided 47 therein, may pay all or a portion of the 48 expenses incurred by such voluntary agen- 49 cies arising out of loans which are funded 50 from the proceeds of bonds and notes 51 issued by the dormitory authority of the 52 state of New York. 
 S. 7317 36 1 Notwithstanding any other provision of law, 2 the money hereby appropriated may be 3 transferred to state operations and/or any 4 appropriation of the office for people 5 with developmental disabilities with the 6 approval of the director of the budget. 7 Notwithstanding any inconsistent provision 8 of law, moneys from this appropriation may 9 be used for state aid of up to 100 percent 10 of the net deficit costs of day training 11 programs and family support services. 12 Notwithstanding the provisions of section 13 16.23 of the mental hygiene law and any 14 other inconsistent provision of law, with 15 relation to the operation of certified 16 family care homes, including family care 17 homes sponsored by voluntary not-for-pro- 18 fit agencies, moneys from this appropri- 19 ation may be used for payments to purchase 20 general services including but not limited 21 to respite providers, up to a maximum of 22 14 days, at rates to be established by the 23 commissioner and approved by the director 24 of the budget in consideration of factors 25 including, but not limited to, geographic 26 area and number of clients cared for in 27 the home and for payment in an amount 28 determined by the commissioner for the 29 personal needs of each client residing in 30 the family care home. 31 Notwithstanding the provisions of subdivi- 32 sion 12 of section 8 of the state finance 33 law and any other inconsistent provision 34 of law, moneys from this appropriation may 35 be used for expenses of family care homes 36 including payments to operators of certi- 37 fied family care homes for damages caused 38 by clients to personal and real property 39 in accordance with standards established 40 by the commissioner and approved by the 41 director of the budget. 42 Notwithstanding any inconsistent provision 43 of law, moneys from this appropriation may 44 be used for appropriate day program 45 services and residential services includ- 46 ing, but not limited to, direct housing 47 subsidies to individuals, start-up 48 expenses for family care providers, envi- 49 ronmental modifications, adaptive technol- 50 ogies, appraisals, property options, 51 feasibility studies and preoperational 52 expenses. 53 Notwithstanding any inconsistent provision 54 of law except pursuant to a chapter of the 55 laws of 2024 authorizing a 2.84 percent 56 cost of living adjustment, for the period 
 S. 7317 37 1 commencing on April 1, 2024 and ending 2 March 31, 2025 the commissioner shall not 3 apply any other cost of living adjustment 4 for the purpose of establishing rates of 5 payments, contracts or any other form of 6 reimbursement; provided that this shall 7 not prevent the commissioner from applying 8 prior adjustments for the purpose of 9 establishing rates resulting from a rebas- 10 ing of base year costs. 11 Notwithstanding section 6908 of the educa- 12 tion law and any other provision of law, 13 rule or regulation to the contrary, direct 14 support staff in programs certified or 15 approved by the office for people with 16 developmental disabilities, including the 17 home and community based services waiver 18 programs that the office for people with 19 developmental disabilities is authorized 20 to administer with federal approval pursu- 21 ant to subdivision (c) of section 1915 of 22 the federal social security act, are 23 authorized to provide such tasks as OPWDD 24 may specify when performed under the 25 supervision, training and periodic 26 inspection of a registered professional 27 nurse and in accordance with an authorized 28 practitioner's ordered care. 29 Notwithstanding any other provision of law 30 to the contrary, and consistent with 31 section 33.07 of the mental hygiene law, 32 the directors of facilities licensed but 33 not operated by the office for people with 34 developmental disabilities who act as 35 federally-appointed representative payees 36 and who assume management responsibility 37 over the funds of a resident may continue 38 to use such funds for the cost of the 39 resident's care and treatment, consistent 40 with federal law and regulations. 41 Funds appropriated herein shall be available 42 in accordance with the following: 43 Notwithstanding any inconsistent provision 44 of law, the director of the budget is 45 authorized to make suballocations from 46 this appropriation to the department of 47 health medical assistance program. 48 Notwithstanding any inconsistent provision 49 of law, and pursuant to criteria estab- 50 lished by the commissioner of the office 51 for people with developmental disabilities 52 and approved by the director of the budg- 53 et, expenditures may be made from this 54 appropriation for residential facilities 55 which are pending recertification as 
 S. 7317 38 1 intermediate care facilities for people 2 with developmental disabilities. 3 Notwithstanding the provisions of section 4 41.36 of the mental hygiene law and any 5 other inconsistent provision of law, 6 moneys from this appropriation may be used 7 for payment up to $250 per year per 8 client, at such times and in such manner 9 as determined by the commissioner on the 10 basis of financial need for the personal 11 needs of each client residing in voluntar- 12 y-operated community residences and volun- 13 tary-operated community residential alter- 14 natives, including individualized 15 residential alternatives under the home 16 and community based services waiver. The 17 commissioner shall, subject to the 18 approval of the director of the budget, 19 alter existing advance payment schedules 20 for voluntary-operated community resi- 21 dences established pursuant to section 22 41.36 of the mental hygiene law. 23 Notwithstanding any inconsistent provision 24 of law, moneys from this appropriation may 25 be used for the operation of clinics 26 licensed pursuant to article 16 of the 27 mental hygiene law including, but not 28 limited to, supportive and habilitative 29 services consistent with the home and 30 community based services waiver. 31 For the state share of medical assistance 32 services expenses incurred by the depart- 33 ment of health for the provision of 34 medical assistance services to people with 35 developmental disabilities (37835) ......... 277,014,000 36 For services and expenses of the community 37 services program, net of disallowances, 38 for community programs for people with 39 developmental disabilities pursuant to 40 article 41 of the mental hygiene law, 41 and/or chapter 620 of the laws of 1974, 42 chapter 660 of the laws of 1977, chapter 43 412 of the laws of 1981, chapter 27 of the 44 laws of 1987, chapter 729 of the laws of 45 1989, chapter 329 of the laws of 1993 and 46 other provisions of the mental hygiene 47 law. Notwithstanding any inconsistent 48 provision of law, the following appropri- 49 ation shall be net of prior and/or current 50 year refunds, rebates, reimbursements, and 51 credits. 52 Notwithstanding any other provision of law, 53 advances and reimbursement made pursuant 54 to subdivision (d) of section 41.15 and 55 section 41.18 of the mental hygiene law 56 shall be allocated pursuant to a plan and 
 S. 7317 39 1 in a manner prescribed by the agency head 2 and approved by the director of the budg- 3 et. The moneys hereby appropriated are 4 available to reimburse or advance locali- 5 ties and voluntary non-profit agencies for 6 expenditures made during local fiscal 7 periods commencing January 1, 2025, April 8 1, 2025 or July 1, 2025, and for advances 9 for the 3 month period beginning January 10 1, 2026. 11 Notwithstanding the provisions of article 41 12 of the mental hygiene law or any other 13 inconsistent provision of law, rule or 14 regulation, the commissioner, pursuant to 15 such contract and in the manner provided 16 therein, may pay all or a portion of the 17 expenses incurred by such voluntary agen- 18 cies arising out of loans which are funded 19 from the proceeds of bonds and notes 20 issued by the dormitory authority of the 21 state of New York. 22 Notwithstanding any other provision of law, 23 the money hereby appropriated may be 24 transferred to state operations and/or any 25 appropriation of the office for people 26 with developmental disabilities with the 27 approval of the director of the budget. 28 Notwithstanding any inconsistent provision 29 of law, moneys from this appropriation may 30 be used for state aid of up to 100 percent 31 of the net deficit costs of day training 32 programs and family support services. 33 Notwithstanding the provisions of section 34 16.23 of the mental hygiene law and any 35 other inconsistent provision of law, with 36 relation to the operation of certified 37 family care homes, including family care 38 homes sponsored by voluntary not-for-pro- 39 fit agencies, moneys from this appropri- 40 ation may be used for payments to purchase 41 general services including but not limited 42 to respite providers, up to a maximum of 43 14 days, at rates to be established by the 44 commissioner and approved by the director 45 of the budget in consideration of factors 46 including, but not limited to, geographic 47 area and number of clients cared for in 48 the home and for payment in an amount 49 determined by the commissioner for the 50 personal needs of each client residing in 51 the family care home. 52 Notwithstanding the provisions of subdivi- 53 sion 12 of section 8 of the state finance 54 law and any other inconsistent provision 55 of law, moneys from this appropriation may 56 be used for expenses of family care homes 
 S. 7317 40 1 including payments to operators of certi- 2 fied family care homes for damages caused 3 by clients to personal and real property 4 in accordance with standards established 5 by the commissioner and approved by the 6 director of the budget. 7 Notwithstanding any inconsistent provision 8 of law, moneys from this appropriation may 9 be used for appropriate day program 10 services and residential services includ- 11 ing, but not limited to, direct housing 12 subsidies to individuals, start-up 13 expenses for family care providers, envi- 14 ronmental modifications, adaptive technol- 15 ogies, appraisals, property options, 16 feasibility studies and preoperational 17 expenses. 18 Notwithstanding any inconsistent provision 19 of law except pursuant to a chapter of the 20 laws of 2024 authorizing a 2.84 percent 21 cost of living adjustment, for the period 22 commencing on April 1, 2024 and ending 23 March 31, 2025 the commissioner shall not 24 apply any other cost of living adjustment 25 for the purpose of establishing rates of 26 payments, contracts or any other form of 27 reimbursement; provided that this shall 28 not prevent the commissioner from applying 29 prior adjustments for the purpose of 30 establishing rates resulting from a rebas- 31 ing of base year costs. 32 Notwithstanding section 6908 of the educa- 33 tion law and any other provision of law, 34 rule or regulation to the contrary, direct 35 support staff in programs certified or 36 approved by the office for people with 37 developmental disabilities, including the 38 home and community based services waiver 39 programs that the office for people with 40 developmental disabilities is authorized 41 to administer with federal approval pursu- 42 ant to subdivision (c) of section 1915 of 43 the federal social security act, are 44 authorized to provide such tasks as OPWDD 45 may specify when performed under the 46 supervision, training and periodic 47 inspection of a registered professional 48 nurse and in accordance with an authorized 49 practitioner's ordered care. 50 Notwithstanding any other provision of law 51 to the contrary, and consistent with 52 section 33.07 of the mental hygiene law, 53 the directors of facilities licensed but 54 not operated by the office for people with 55 developmental disabilities who act as 56 federally-appointed representative payees 
 S. 7317 41 1 and who assume management responsibility 2 over the funds of a resident may continue 3 to use such funds for the cost of the 4 resident's care and treatment, consistent 5 with federal law and regulations. 6 Funds appropriated herein shall be available 7 in accordance with the following: 8 Notwithstanding any other provision of law 9 to the contrary, funds appropriated herein 10 are available to reimburse in- and out-of- 11 state private residential schools, pursu- 12 ant to subdivision (c) of section 13.37-a 13 and subdivision (g) of section 13.38 of 14 the mental hygiene law, for costs of 15 supporting the residential and day program 16 services available to individuals who are 17 over the age of 21 years of age, provided 18 that the amount paid for residential 19 services and/or maintenance costs is net 20 of any supplemental security income bene- 21 fit to which the individual receiving 22 services is eligible, and provided further 23 that funding for nonresidential services 24 will be in an amount not to exceed the 25 maximum reimbursement for appropriate day 26 services delivered by the office for 27 people with developmental disabilities 28 certified or approved providers other than 29 in- and out-of-state private residential 30 schools, unless otherwise authorized by 31 the director of the budget. 32 Notwithstanding section 163 of the state 33 finance law, section 142 of the economic 34 development law, and article 41 of the 35 mental hygiene law, the commissioner of 36 the office for people with developmental 37 disabilities may make the funds appropri- 38 ated herein available as state aid, a loan 39 or a grant, pursuant to terms and condi- 40 tions established by the commissioner of 41 the office for people with developmental 42 disabilities, to cover a portion of the 43 development costs of private, public 44 and/or non-profit organizations, including 45 corporations and partnerships established 46 pursuant to the private housing finance 47 law and/or any other statutory provisions, 48 for supportive housing units that have 49 been set aside for individuals with intel- 50 lectual and developmental disabilities. 51 Further, the office for people with develop- 52 mental disabilities shall have a lien on 53 the real property developed with such 54 state aid, loans or grants, which shall be 55 in the amount of the loan or grant, for a 56 maximum term of 30 years, or other longer 
 S. 7317 42 1 term consistent with the requirements of 2 another regulatory agency. 3 For services and expenses related to the 4 provision of residential services to 5 people with developmental disabilities 6 (37802) ..................................... 14,655,000 7 For services and expenses related to the 8 provision of day program services to 9 people with developmental disabilities 10 (37803) ...................................... 3,600,000 11 For services and expenses related to the 12 provision of family support services to 13 people with developmental disabilities 14 (37804) ...................................... 4,050,000 15 For services and expenses related to the 16 provision of workshop, day training and 17 employment services to people with devel- 18 opmental disabilities. Notwithstanding any 19 other provision of law, up to $800,000 of 20 this appropriation may be transferred to 21 the New York State Education Departments' 22 Adult Career and Continuing Education 23 Services - Vocational Rehabilitation 24 (ACCES-VR) program to support the Long- 25 Term Sheltered Employment program operated 26 by FEDCAP Rehabilitation Services, Inc. 27 (37805) ...................................... 2,340,000 28 For other services and expenses provided to 29 people with developmental disabilities 30 including but not limited to hepatitis B, 31 care at home waiver, epilepsy services, 32 Special Olympics New York, Inc. and volun- 33 tary fingerprinting (37806) .................... 600,000 34 -------------- 35 § 12. Section 8 of chapter 113 of the laws of 2025, relating to making 36 appropriations for the support of government, as amended by chapter 118 37 of the laws of 2025, is amended to read as follows: 38 § 8. The amounts specified in this section, or so much thereof as 39 shall be sufficient to accomplish the purposes designated, is hereby 40 appropriated and authorized to be paid as hereinafter provided, to the 41 public officers and for the purposes specified, which amount shall be 42 available for the state fiscal year beginning April 1, 2025. 43 DEPARTMENT OF VETERANS' SERVICES 44 AID TO LOCALITIES 45 BLIND VETERAN ANNUITY ASSISTANCE PROGRAM ....................... 385,000 46 -------------- 47 General Fund 48 Local Assistance Account - 10000 49 For payment of annuities to blind veterans 50 and eligible surviving spouses. Up to 
 S. 7317 43 1 $15,000 of this appropriation may be 2 transferred to state operations for admin- 3 istrative costs associated with this 4 program (54606) ................................ 385,000 5 VETERANS' BENEFITS ADVISING PROGRAM ............. [126,000] 210,000 6 -------------- 7 Special Revenue Funds - Other 8 Homeless Veterans Assistance Fund 9 Homeless Veterans Assistance Account - 20204 10 For services and expenses related to home- 11 less veterans' housing (54815) .. [126,000] 210,000 12 § 13. No expenditure may be made from any appropriation in this act, 13 until a certificate of approval has been issued by the director of the 14 budget and a copy of such certificate shall have been filed with the 15 state comptroller, the chairman of the senate finance committee and the 16 chairman of the assembly ways and means committee provided, however, 17 that any expenditures from any appropriation in this act made by the 18 legislature or judiciary shall not require such certificate. 19 § 14. All expenditures and disbursements made against the appropri- 20 ations in this act shall, upon final action by the legislature on appro- 21 priation bills submitted by the governor pursuant to article VII of the 22 state constitution for the support of government for the state fiscal 23 year beginning April 1, 2025, be transferred by the comptroller as 24 expenditures and disbursements to such appropriations for all state 25 departments and agencies, as applicable, in amounts equal to the amounts 26 charged against the appropriations in this act for each such department, 27 agency, and the legislature and the judiciary. 28 § 15. Severability clause. If any clause, sentence, paragraph, subdi- 29 vision, section or part of this act shall be adjudged by any court of 30 competent jurisdiction to be invalid, such judgment shall not affect, 31 impair, or invalidate the remainder thereof, but shall be confined in 32 its operation to the clause, sentence, paragraph, subdivision, section 33 or part thereof directly involved in the controversy in which such judg- 34 ment shall have been rendered. It is hereby declared to be the intent of 35 the legislature that this act would have been enacted even if such 36 invalid provisions had not been included herein. 37 § 16. This act shall take effect immediately and shall be deemed to 38 have been in full force and effect on and after April 1, 2025; provided, 39 however, that upon the transfer of expenditures and disbursements by the 40 comptroller as provided in section fourteen of this act, the appropri- 41 ations made by this act and subject to such section shall be deemed 42 repealed.