S 7631: Provides for emergency appropriation through April 29, 2025 for the support of government.

  
  STATE OF NEW YORK ________________________________________________________________________ 7631 2025-2026 Regular Sessions  IN SENATE April 24, 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; to amend chapter 119 of the laws of 2025 making appropriations for the support of government, in relation thereto; and providing for the repeal of such provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative intent. The legislature hereby finds and 2 declares that the enactment of these appropriations provides sufficient 3 authority to the comptroller for the purpose of making payments for the 4 purposes described herein until such time as appropriation bills submit- 5 ted by the governor pursuant to article VII of the state constitution 6 for the support of government for the state fiscal year beginning April 7 1, 2025 are enacted. 8 § 2. Section 2 of chapter 113 of the laws of 2025, relating to making 9 appropriations for the support of government, as amended by chapter 122 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12009-01-5 
 S. 7631 2 1 personal service, including liabilities 2 incurred prior to April 1, 2025, on the 3 payrolls scheduled to be paid during the 4 period April 1 through April [24] 29, 2025 5 to state officers and employees of the 6 executive branch, including the governor, 7 lieutenant governor, comptroller, and 8 attorney general, and to employees of the 9 legislature. This appropriation also 10 includes payments for services performed 11 by mentally ill or developmentally disa- 12 bled persons who are employed in state-op- 13 erated special employment, work-for-pay or 14 sheltered workshop programs .............. 1,336,630,000 15 -------------- 16 § 3. Section 3 of chapter 113 of the laws of 2025, relating to making 17 appropriations for the support of government, as amended by chapter 122 18 of the laws of 2025, is amended to read as follows: 19 § 3. The amount specified in this section, or so much thereof as shall 20 be sufficient to accomplish the purpose designated, is hereby appropri- 21 ated and authorized to be paid as hereinafter provided, to the public 22 officers and for the purpose specified, which amount shall be available 23 for the state fiscal year beginning April 1, 2025. 24 ALL STATE DEPARTMENTS AND AGENCIES 25 For the payment of state operations non 26 personal service liabilities to the execu- 27 tive branch, including the comptroller, 28 and the attorney general, and legislature, 29 incurred in the ordinary course of busi- 30 ness, during the period April 1 through 31 April [24] 29, 2025, pursuant to existing 32 state law and for purposes for which the 33 legislature authorized the expenditure of 34 moneys during the 2024-2025 state fiscal 35 year; provided, however, that nothing 36 contained herein shall be deemed to limit 37 or restrict the power or authority of 38 state departments or agencies to conduct 39 their activities or operations in accord- 40 ance with existing law, and further 41 provided that nothing contained herein 42 shall be deemed to supersede, nullify or 43 modify the provisions of section 40 of the 44 state finance law prescribing when appro- 45 priations made for the 2024-2025 state 46 fiscal year shall have ceased to have 47 force and effect ............................ 34,000,000 48 -------------- 49 § 4. Section 4 of chapter 113 of the laws of 2025, relating to making 50 appropriations for the support of government, as amended by chapter 122 51 of the laws of 2025, is amended to read as follows: 
 S. 7631 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 ....................... [567,571,000] 575,295,000 10 -------------- 11 General Fund 12 State Purposes Account - 10050 13 For employee fringe benefits according to 14 the following project schedule including 15 those benefits which are related to 16 employees paid from funds, accounts, or 17 programs where the division of the budget 18 has issued waivers .......... [567,471,000] 567,475,000 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 ............. 99,150,000 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 
 S. 7631 4 1 optional retirement program 2 ................... [554,000] 558,000 3 For the payment of the metro- 4 politan commuter transporta- 5 tion mobility tax pursuant 6 to article 23 of the tax 7 law, as added by chapter 25 8 of the laws of 2009, on 9 behalf of the state employ- 10 ees employed in the metro- 11 politan commuter transporta- 12 tion district .................. 2,250,000 13 For the state's contribution 14 to the vision care plan ........... 17,000 15 -------------- 16 Project schedule total ... 17 ........... [567,471,000] 567,475,000 18 -------------- 19 For payments in accordance with section 19-a 20 of the public lands law (80567) .............. 7,720,000 21 For payment of claims for damage to personal 22 or real property or for bodily injuries or 23 wrongful death caused by officers, employ- 24 ees, or other authorized persons providing 25 service to state government while provid- 26 ing such service, and the state university 27 construction fund while acting within the 28 scope of their employment, and while oper- 29 ating motor vehicles, and for any individ- 30 uals operating motor vehicles which are 31 assigned on a permanent basis with unre- 32 stricted use to state officers and employ- 33 ees when the person is permanently 34 assigned the motor vehicle (80559) ............. 100,000 35 -------------- 36 § 5. Section 5 of chapter 118 of the laws of 2025, relating to making 37 appropriations for the support of government, as amended by chapter 122 38 of the laws of 2025, is amended to read as follows: 39 § 5. The amounts specified in this section, or so much thereof as 40 shall be sufficient to accomplish the purposes designated, is hereby 41 appropriated and authorized to be paid as hereinafter provided, to the 42 public officers and for the purposes specified, which amount shall be 43 available for the state fiscal year beginning April 1, 2025. 44 JUDICIARY 45 For the purpose of making payments for 46 personal service, including liabilities 47 incurred prior to April 1, 2025, on the 48 payrolls scheduled to be paid during the 49 period April 1 through April [24] 29, 2025 50 to officers and employees of the judiciary 51 ............................................ 175,000,000 
 S. 7631 5 1 For the payment of state operations nonper- 2 sonal service liabilities, the sum of 3 twenty-five million dollars ($25,000,000), 4 or so much thereof as shall be sufficient 5 to accomplish the purpose designated, is 6 hereby appropriated to the judiciary out 7 of any moneys in the general fund or other 8 funds to the credit of the state purposes 9 account not otherwise appropriated. The 10 comptroller is hereby authorized and 11 directed to utilize this appropriation for 12 the purpose of making payments for nonper- 13 sonal service liabilities incurred by the 14 judiciary from April 1 through April [24] 15 29, 2025 .................................... 25,000,000 16 For the payment of aid to localities liabil- 17 ities, the sum of thirty million dollars 18 ($30,000,000), or so much thereof as shall 19 be sufficient to accomplish the purpose 20 designated, is hereby appropriated to the 21 judiciary out of any moneys in the general 22 fund or other funds to the credit of the 23 state purposes account not otherwise 24 appropriated. The comptroller is hereby 25 authorized and directed to utilize this 26 appropriation for the purpose of making 27 payments for aid to localities liabilities 28 incurred by the judiciary from April 1 29 through April [24] 29, 2025 ................. 30,000,000 30 For the payment of employee fringe benefit 31 programs including, but not limited to, 32 the judiciary's contributions to the 33 health insurance fund, the employees' 34 retirement system pension accumulation 35 fund, the social security contribution 36 fund, employee benefit fund programs, the 37 dental insurance plan, the vision care 38 plan, the unemployment insurance fund, and 39 for workers' compensation benefits, the 40 sum of three hundred million dollars 41 ($300,000,000), or so much thereof as 42 shall be sufficient to accomplish the 43 purpose designated, is hereby appropriated 44 to the judiciary out of any moneys in the 45 general fund or other funds to the credit 46 of the state purposes account not other- 47 wise appropriated. The comptroller is 48 hereby authorized and directed to utilize 49 this appropriation for the purpose of 50 making payments for employee fringe bene- 51 fit liabilities incurred by the judiciary 52 from April 1 through April [24] 29, 2025 ... 300,000,000 53 -------------- 
 S. 7631 6 1 § 6. Section 5 of chapter 113 of the laws of 2025, relating to making 2 appropriations for the support of government, as amended by chapter 122 3 of the laws of 2025, is amended to read as follows: 4 § 5. The amounts specified in this section, or so much thereof as 5 shall be sufficient to accomplish the purposes designated, is hereby 6 appropriated and authorized to be paid as hereinafter provided, to the 7 public officers and for the purposes specified, which amount shall be 8 available for the state fiscal year beginning April 1, 2025. 9 DEPARTMENT OF HEALTH 10 AID TO LOCALITIES 11 CENTER FOR COMMUNITY HEALTH PROGRAM ......... [32,680,000] 38,030,000 12 -------------- 13 General Fund 14 Local Assistance Account - 10000 15 For services and expenses related to the 16 Indian health program. The money hereby 17 appropriated shall be for payment of 18 financial assistance heretofore accrued or 19 hereafter to accrue (26840) .................. 7,000,000 20 -------------- 21 Special Revenue Funds - Federal 22 Federal USDA-Food and Nutrition Services Fund 23 Federal Food and Nutrition Services Account - 25022 24 For various federal food and nutritional 25 services. The moneys hereby appropriated 26 shall be available for payment of finan- 27 cial assistance heretofore accrued (26986) 28 ............................. [25,680,000] 31,030,000 29 -------------- 30 ELDERLY PHARMACEUTICAL INSURANCE COVERAGE PROGRAM ............ 1,520,000 31 -------------- 32 Special Revenue Funds - Other 33 HCRA Resources Fund 34 EPIC Premium Account - 20818 35 For services and expenses of the program for 36 elderly pharmaceutical insurance coverage, 37 including reimbursement to pharmacies 38 participating in such program. 39 The moneys hereby appropriated shall be 40 available for payment of financial assist- 41 ance heretofore accrued (26803) .............. 1,520,000 42 MEDICAL ASSISTANCE PROGRAM ............... [6,032,985,000] 7,541,232,000 43 -------------- 
 S. 7631 7 1 General Fund 2 Local Assistance Account - 10000 3 For the medical assistance program, includ- 4 ing administrative expenses, for local 5 social services districts, and for medical 6 care rates for authorized child care agen- 7 cies. 8 Notwithstanding section 40 of the state 9 finance law or any provision of law to the 10 contrary, subject to federal approval, 11 department of health state funds medicaid 12 spending, excluding payments for medical 13 services provided at state facilities 14 operated by the office of mental health, 15 the office for people with developmental 16 disabilities and the office of addiction 17 services and supports and further exclud- 18 ing any payments which are not appropri- 19 ated within the department of health, in 20 the aggregate, for the period April 1, 21 2025 through March 31, 2026, shall not 22 exceed $33,417,285,000 except as provided 23 below provided, however, such aggregate 24 limits may be adjusted by the director of 25 the budget to account for any changes in 26 the New York state federal medical assist- 27 ance percentage amount established pursu- 28 ant to the federal social security act, 29 increases in provider revenues, reductions 30 in local social services district payments 31 for medical assistance administration, 32 minimum wage increases, and beginning 33 April 1, 2012 the operational costs of the 34 New York state medical indemnity fund, 35 pursuant to chapter 59 of the laws of 36 2011, and state costs or savings from the 37 essential plan program. Such projections 38 may be adjusted by the director of the 39 budget to account for increased or expe- 40 dited department of health state funds 41 medicaid expenditures as a result of a 42 natural or other type of disaster, includ- 43 ing a governmental declaration of emergen- 44 cy. 45 The director of the budget, in consultation 46 with the commissioner of health, shall 47 assess on a quarterly basis known and 48 projected medicaid expenditures by catego- 49 ry of service and by geographic region, as 50 defined by the commissioner, incurred both 51 prior to and subsequent to such assessment 52 for each such period, and if the director 53 of the budget determines that such expend- 54 itures are expected to cause medicaid 55 spending for such period to exceed the 
 S. 7631 8 1 aggregate limit specified herein for such 2 period, the state medicaid director, in 3 consultation with the director of the 4 budget and the commissioner of health, 5 shall develop a medicaid savings allo- 6 cation adjustment to limit such spending 7 to the aggregate limit specified herein 8 for such period. 9 Such medicaid savings allocation adjustment 10 shall be designed, to reduce the expendi- 11 tures authorized by the appropriations 12 herein in compliance with the following 13 guidelines: (1) reductions shall be made 14 in compliance with applicable federal law, 15 including the provisions of the Patient 16 Protection and Affordable Care Act, Public 17 Law No. 111-148, and the Health Care and 18 Education Reconciliation Act of 2010, 19 Public Law No. 111-152 (collectively 20 "Affordable Care Act") and any subsequent 21 amendments thereto or regulations promul- 22 gated thereunder; (2) reductions shall be 23 made in a manner that complies with the 24 state medicaid plan approved by the feder- 25 al centers for medicare and medicaid 26 services, provided, however, that the 27 commissioner of health is authorized to 28 submit any state plan amendment or seek 29 other federal approval, including waiver 30 authority, to implement the provisions of 31 the medicaid savings allocation adjustment 32 that meets the other criteria set forth 33 herein; (3) reductions shall be made in a 34 manner that maximizes federal financial 35 participation, to the extent practicable, 36 including any federal financial partic- 37 ipation that is available or is reasonably 38 expected to become available, in the 39 discretion of the commissioner, under the 40 Affordable Care Act; (4) reductions shall 41 be made uniformly among categories of 42 services and geographic regions of the 43 state, to the extent practicable, and 44 shall be made uniformly within a category 45 of service, to the extent practicable, 46 except where the commissioner determines 47 that there are sufficient grounds for 48 non-uniformity, including but not limited 49 to: the extent to which specific catego- 50 ries of services contributed to department 51 of health medicaid state funds spending in 52 excess of the limits specified herein; the 53 need to maintain safety net services in 54 underserved communities; or the potential 55 benefits of pursuing innovative payment 56 models contemplated by the Affordable Care 
 S. 7631 9 1 Act, in which case such grounds shall be 2 set forth in the medicaid savings allo- 3 cation adjustment; and (5) reductions 4 shall be made in a manner that does not 5 unnecessarily create administrative 6 burdens to medicaid applicants and recipi- 7 ents or providers. 8 The commissioner shall seek the input of the 9 legislature, as well as organizations 10 representing health care providers, 11 consumers, businesses, workers, health 12 insurers, and others with relevant exper- 13 tise, in developing such medicaid savings 14 allocation adjustment, to the extent that 15 all or part of such adjustment, in the 16 discretion of the commissioner, is likely 17 to have a material impact on the overall 18 medicaid program, particular categories of 19 service or particular geographic regions 20 of the state. 21 (a) The commissioner shall post the medicaid 22 savings allocation adjustment on the 23 department of health's website and shall 24 provide written copies of such adjustment 25 to the chairs of the senate finance and 26 the assembly ways and means committees at 27 least 30 days before the date on which 28 implementation is expected to begin. 29 (b) The commissioner may revise the medicaid 30 savings allocation adjustment subsequent 31 to the provisions of notice and prior to 32 implementation but needs to provide a new 33 notice pursuant to subparagraph (i) of 34 this paragraph only if the commissioner 35 determines, in his or her discretion, that 36 such revisions materially alter the 37 adjustment. 38 Notwithstanding the provisions of paragraphs 39 (a) and (b) of this subdivision, the 40 commissioner need not seek the input 41 described in paragraph (a) of this subdi- 42 vision or provide notice pursuant to para- 43 graph (b) of this subdivision if, in the 44 discretion of the commissioner, expedited 45 development and implementation of a medi- 46 caid savings allocation adjustment is 47 necessary due to a public health emergen- 48 cy. 49 For purposes of this section, a public 50 health emergency is defined as: (i) a 51 disaster, natural or otherwise, that 52 significantly increases the immediate need 53 for health care personnel in an area of 54 the state; (ii) an event or condition that 55 creates a widespread risk of exposure to a 56 serious communicable disease, or the 
 S. 7631 10 1 potential for such widespread risk of 2 exposure; or (iii) any other event or 3 condition determined by the commissioner 4 to constitute an imminent threat to public 5 health. 6 Nothing in this paragraph shall be deemed to 7 prevent all or part of such medicaid 8 savings allocation adjustment from taking 9 effect retroactively to the extent permit- 10 ted by the federal centers for medicare 11 and medicaid services. 12 In accordance with the medicaid savings 13 allocation adjustment, the commissioner of 14 the department of health shall reduce 15 department of health state funds medicaid 16 spending by the amount of the projected 17 overspending through, actions including, 18 but not limited to modifying or suspending 19 reimbursement methods, including but not 20 limited to all fees, premium levels and 21 rates of payment, notwithstanding any 22 provision of law that sets a specific 23 amount or methodology for any such 24 payments or rates of payment; modifying or 25 discontinuing medicaid program benefits; 26 seeking all necessary federal approvals, 27 including, but not limited to waivers, 28 waiver amendments; and suspending time 29 frames for notice, approval or certif- 30 ication of rate requirements, notwith- 31 standing any provision of law, rule or 32 regulation to the contrary, including but 33 not limited to sections 2807 and 3614 of 34 the public health law, section 18 of chap- 35 ter 2 of the laws of 1988, and 18 NYCRR 36 505.14(h). 37 The department of health shall prepare a 38 quarterly report that sets forth: (a) 39 known and projected department of health 40 medicaid expenditures as described in 41 subdivision (1) of this section, and 42 factors that could result in medicaid 43 disbursements for the relevant state 44 fiscal year to exceed the projected 45 department of health state funds disburse- 46 ments in the enacted budget financial plan 47 pursuant to subdivision 3 of section 23 of 48 the state finance law, including spending 49 increases or decreases due to: enrollment 50 fluctuations, rate changes, utilization 51 changes, MRT investments, and shift of 52 beneficiaries to managed care; and vari- 53 ations in offline medicaid payments; and 54 (b) the actions taken to implement any 55 medicaid savings allocation adjustment 56 implemented pursuant to subdivision (4) of 
 S. 7631 11 1 this section, including information 2 concerning the impact of such actions on 3 each category of service and each 4 geographic region of the state. Each such 5 quarterly report shall be provided to the 6 chairs of the senate finance and the 7 assembly ways and means committees and 8 shall be posted on the department of 9 health's website in a timely manner. 10 The money hereby appropriated is to be 11 available for payment of aid heretofore 12 accrued or hereafter accrued to munici- 13 palities, and to providers of medical 14 services pursuant to section 367-b of the 15 social services law, and for payment of 16 state aid to municipalities and to provid- 17 ers of family care where payment systems 18 through the fiscal intermediaries are not 19 operational. 20 Notwithstanding any inconsistent provision 21 of law to the contrary, funds may be used 22 by the department for outside legal 23 assistance on issues involving the federal 24 government, the conduct of preadmission 25 screening and annual resident reviews 26 required by the state's medicaid program, 27 computer matching with insurance carriers 28 to insure that medicaid is the payer of 29 last resort and activities related to the 30 management of the pharmacy benefit avail- 31 able under the medicaid program. 32 Notwithstanding any inconsistent provision 33 of law, in lieu of payments authorized by 34 the social services law, or payments of 35 federal funds otherwise due to the local 36 social services districts for programs 37 provided under the federal social security 38 act or the federal food stamp act, funds 39 herein appropriated, in amounts certified 40 by the state commissioner of temporary and 41 disability assistance or the state commis- 42 sioner of health as due from local social 43 services districts each month as their 44 share of payments made pursuant to section 45 367-b of the social services law may be 46 set aside by the state comptroller in an 47 interest-bearing account in order to 48 ensure the orderly and prompt payment of 49 providers under section 367-b of the 50 social services law pursuant to an esti- 51 mate provided by the commissioner of 52 health of each local social services 53 district's share of payments made pursuant 54 to section 367-b of the social services 55 law. 
 S. 7631 12 1 Notwithstanding any inconsistent provision 2 of law, funding made available by these 3 appropriations shall support direct salary 4 costs and related fringe benefits within 5 the medical assistance program associated 6 with any minimum wage increase that takes 7 effect during the timeframe of these 8 appropriations, pursuant to section 652 of 9 the labor law. Each eligible organization 10 in receipt of funding made available by 11 these appropriations may be required to 12 submit written certification, in such form 13 and at such time the commissioner may 14 prescribe, attesting to the total amount 15 of funds used by the eligible organiza- 16 tion, how such funding will be or was used 17 for purposes eligible under these appro- 18 priations and any other reporting deemed 19 necessary by the commissioner. The amounts 20 appropriated herein may include advances 21 to organizations authorized to receive 22 such funds to accomplish this purpose. 23 Notwithstanding any other provision of law, 24 the money hereby appropriated may be 25 increased or decreased by interchange or 26 transfer, with any appropriation of the 27 department of health and the office of 28 medicaid inspector general and may be 29 increased or decreased by transfer or 30 suballocation between these appropriated 31 amounts and appropriations of the depart- 32 ment of health state purpose account, the 33 office of mental health, office for people 34 with developmental disabilities, the 35 office of addiction services and supports, 36 the department of family assistance office 37 of temporary and disability assistance, 38 the department of corrections and communi- 39 ty supervision, the office of information 40 technology services, the state university 41 of New York, and office of children and 42 family services, the office of medicaid 43 inspector general, the state education 44 department, and the state office for the 45 aging with the approval of the director of 46 the budget, who shall file such approval 47 with the department of audit and control 48 and copies thereof with the chairman of 49 the senate finance committee and the 50 chairman of the assembly ways and means 51 committee. 52 Notwithstanding any inconsistent provision 53 of law to the contrary, the moneys hereby 54 appropriated may be used for payments to 55 the centers for medicaid and medicare 56 services for obligations incurred related 
 S. 7631 13 1 to the pharmaceutical costs of dually 2 eligible medicare/medicaid beneficiaries 3 participating in the medicare drug benefit 4 authorized by P.L. 108-173. 5 Notwithstanding any inconsistent provision 6 of law, the moneys hereby appropriated 7 shall not be used for any existing rates, 8 fees, fee schedule, or procedures which 9 may affect the cost of care and services 10 provided by personal care providers, case 11 managers, health maintenance organiza- 12 tions, out of state medical facilities 13 which provide care and services to resi- 14 dents of the state, providers of transpor- 15 tation services, that are altered, 16 amended, adjusted or otherwise changed by 17 a local social services district unless 18 previously approved by the department of 19 health and the director of the budget. 20 Notwithstanding any inconsistent provision 21 of law to the contrary, funds shall be 22 made available to the commissioner of the 23 office of mental health or the commission- 24 er of the office of addiction services and 25 supports, in consultation with the commis- 26 sioner of health and approved by the 27 director of the budget, and consistent 28 with appropriations made therefor, to 29 implement allocation adjustment developed 30 by each such commissioner which shall 31 describe mental health or substance use 32 disorder services that should be developed 33 to meet service needs resulting from the 34 reduction of inpatient behavioral health 35 services provided under the medicaid 36 program, by programs licensed pursuant to 37 article 31 or 32 of the mental hygiene 38 law. Such programs may include programs 39 that are licensed pursuant to both article 40 31 of the mental hygiene law and article 41 28 of the public health law, or certified 42 under both article 32 of the mental 43 hygiene law and article 28 of the public 44 health law. 45 Notwithstanding any inconsistent provision 46 of law, the moneys hereby appropriated may 47 be available for payments associated with 48 the resolution by settlement agreement or 49 judgment of rate appeals and/or litigation 50 where the department of health is a party. 51 For services and expenses of the medical 52 assistance program including hospital 53 inpatient services and general hospitals 54 that are safety-net providers that evince 55 severe financial distress, pursuant to 56 criteria determined by the commissioner, 
 S. 7631 14 1 shall be eligible for awards for amounts 2 appropriated herein, to enable such 3 providers to maintain operations and vital 4 services while establishing long term 5 solutions to achieve sustainable health 6 services. 7 Notwithstanding any inconsistent provisions 8 of law, no expenditures shall be used for 9 the medical assistance program for any 10 expenses not explicitly authorized in law 11 without the approval of the director of 12 the budget. 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 (26947) ......... [80,800,000] 101,000,000 22 For services and expenses of the medical 23 assistance program including hospital 24 outpatient and emergency room services. 25 Notwithstanding any provision of law to the 26 contrary, the portion of this appropri- 27 ation covering fiscal year 2025-26 shall 28 supersede and replace any duplicative (i) 29 reappropriation for this item covering 30 fiscal year 2025-26, and (ii) appropri- 31 ation for this item covering fiscal year 32 2025-26 set forth in chapter 53 of the 33 laws of 2024 (26948) ......... [20,864,000] 26,080,000 34 For services and expenses of the medical 35 assistance program including clinic 36 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 (26949) ......... [38,052,000] 47,565,000 46 For services and expenses of the medical 47 assistance program including nursing home 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. 7631 15 1 2025-26 set forth in chapter 53 of the 2 laws of 2024 (26950) ........ [101,872,000] 127,340,000 3 For services and expenses of the medical 4 assistance program including other long 5 term care 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 (26951) ........ [563,112,000] 703,890,000 15 For services and expenses of the medical 16 assistance program including managed care 17 services including regional planning 18 activities of the finger lakes health 19 systems agency, including statewide coor- 20 dination and demonstration of best prac- 21 tices. The department shall make grants 22 within amounts appropriated therefor, to 23 assure high-quality and accessible primary 24 care, to provide technical assistance to 25 support financial and business planning 26 for integrated systems of care, and to 27 assist primary care providers in the 28 adoption, implementation, and meaningful 29 use of electronic health record technolo- 30 gy. 31 Notwithstanding any provision of law to the 32 contrary, the portion of this appropri- 33 ation covering fiscal year 2025-26 shall 34 supersede and replace any duplicative (i) 35 reappropriation for this item covering 36 fiscal year 2025-26, and (ii) appropri- 37 ation for this item covering fiscal year 38 2025-26 set forth in chapter 53 of the 39 laws of 2024 (26952) ........ [347,446,000] 434,308,000 40 For services and expenses for health homes 41 including grants to health homes. 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 (29548) ......... [12,064,000] 15,080,000 51 For services and expenses of the medical 52 assistance program including pharmacy 53 services provided, however, that no funds 54 shall be made available pursuant to this 55 appropriation for any drug not explicitly 56 authorized in any enacted law, rule, or 
 S. 7631 16 1 regulation without approval from the 2 director of the budget. 3 Notwithstanding any provision of law to the 4 contrary, the portion of this appropri- 5 ation covering fiscal year 2025-26 shall 6 supersede and replace any duplicative (i) 7 reappropriation for this item covering 8 fiscal year 2025-26, and (ii) appropri- 9 ation for this item covering fiscal year 10 2025-26 set forth in chapter 53 of the 11 laws of 2024 (26953) ........ [193,904,000] 242,380,000 12 For services and expenses of the medical 13 assistance program including transporta- 14 tion services. 15 Notwithstanding any provision of law to the 16 contrary, the portion of this appropri- 17 ation covering fiscal year 2025-26 shall 18 supersede and replace any duplicative (i) 19 reappropriation for this item covering 20 fiscal year 2025-26, and (ii) appropri- 21 ation for this item covering fiscal year 22 2025-26 set forth in chapter 53 of the 23 laws of 2024 (26954) ......... [28,688,000] 35,860,000 24 For services and expenses of the medical 25 assistance program including dental 26 services. 27 Notwithstanding any provision of law to the 28 contrary, the portion of this appropri- 29 ation covering fiscal year 2025-26 shall 30 supersede and replace any duplicative (i) 31 reappropriation for this item covering 32 fiscal year 2025-26, and (ii) appropri- 33 ation for this item covering fiscal year 34 2025-26 set forth in chapter 53 of the 35 laws of 2024 (26955) ............ [328,000] 410,000 36 For services and expenses of the medical 37 assistance program including non-institu- 38 tional and other spending. 39 The money hereby appropriated is available 40 for payment of liabilities heretofore 41 accrued or hereafter accrued. 42 Notwithstanding any inconsistent provision 43 of law, the money hereby appropriated may 44 be available for payments to any county or 45 public school districts associated with 46 additional claims for school supportive 47 health services. 48 Notwithstanding any provision of law to the 49 contrary, the portion of this appropri- 50 ation covering fiscal year 2025-26 shall 51 supersede and replace any duplicative (i) 52 reappropriation for this item covering 53 fiscal year 2025-26, and (ii) appropri- 54 ation for this item covering fiscal year 55 2025-26 set forth in chapter 53 of the 56 laws of 2024 (26956) ......... [79,208,000] 99,010,000 
 S. 7631 17 1 For services and expenses of the medical 2 assistance program including medical 3 services provided at state facilities 4 operated by the office of mental health, 5 the office for people with developmental 6 disabilities and the office of addiction 7 services and supports. 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 (26961) ........ [333,600,000] 417,000,000 17 -------------- 18 Special Revenue Funds - Federal 19 Federal Health and Human Services Fund 20 Medicaid Direct Account - 25106 21 For services and expenses for the medical 22 assistance program, including administra- 23 tive expenses for local social services 24 districts, pursuant to title XIX of the 25 federal social security act or its succes- 26 sor program. 27 The moneys hereby appropriated are to be 28 available for payment of aid heretofore 29 accrued or hereafter accrued to munici- 30 palities, and to providers of medical 31 services pursuant to section 367-b of the 32 social services law, and for payment of 33 state aid to municipalities and to provid- 34 ers of family care where payment systems 35 through the fiscal intermediaries are not 36 operational. 37 Notwithstanding any inconsistent provision 38 of law, funding made available by these 39 appropriations shall support direct salary 40 costs and related fringe benefits within 41 the medical assistance program associated 42 with any minimum wage increase that takes 43 effect during the timeframe of these 44 appropriations, pursuant to section 652 of 45 the labor law. Each eligible organization 46 in receipt of funding made available by 47 these appropriations may be required to 48 submit written certification, in such form 49 and at such time the commissioner may 50 prescribe, attesting to the total amount 51 of funds used by the eligible organiza- 52 tion, how such funding will be or was used 53 for purposes eligible under these appro- 54 priations and any other reporting deemed 
 S. 7631 18 1 necessary by the commissioner. The amounts 2 appropriated herein may include advances 3 to organizations authorized to receive 4 such funds to accomplish this purpose. 5 Notwithstanding any other provision of law, 6 the money hereby appropriated may be 7 increased or decreased by interchange or 8 transfer, with any appropriation of the 9 department of health and the office of 10 medicaid inspector general and may be 11 increased or decreased by transfer or 12 suballocation between these appropriated 13 amounts and appropriations of the office 14 of mental health, office for people with 15 developmental disabilities, the office of 16 addiction services and supports, the 17 department of family assistance office of 18 temporary and disability assistance, 19 office of children and family services, 20 the department of financial services, 21 department of corrections and community 22 supervision, the office of information 23 technology services, the state university 24 of New York, the state education depart- 25 ment, and the state office for the aging 26 with the approval of the director of the 27 budget, who shall file such approval with 28 the department of audit and control and 29 copies thereof with the chairman of the 30 senate finance committee and the chairman 31 of the assembly ways and means committee. 32 Notwithstanding any inconsistent provision 33 of law, in lieu of payments authorized by 34 the social services law, or payments of 35 federal funds otherwise due to the local 36 social services districts for programs 37 provided under the federal social security 38 act or the federal food stamp act, funds 39 herein appropriated, in amounts certified 40 by the state commissioner of temporary and 41 disability assistance or the state commis- 42 sioner of health as due from local social 43 services districts each month as their 44 share of payments made pursuant to section 45 367-b of the social services law may be 46 set aside by the state comptroller in an 47 interest-bearing account in order to 48 ensure the orderly and prompt payment of 49 providers under section 367-b of the 50 social services law pursuant to an esti- 51 mate provided by the commissioner of 52 health of each local social services 53 district's share of payments made pursuant 54 to section 367-b of the social services 55 law. 
 S. 7631 19 1 Notwithstanding any inconsistent provision 2 of law to the contrary, funds shall be 3 made available to the commissioner of the 4 office of mental health or the commission- 5 er of the office of addiction services and 6 supports, in consultation with the commis- 7 sioner of health and approved by the 8 director of the budget, and consistent 9 with appropriations made therefor, to 10 implement allocation adjustment developed 11 by each such commissioner which shall 12 describe mental health or substance use 13 disorder services that should be developed 14 to meet service needs resulting from the 15 reduction of inpatient behavioral health 16 services provided under the medicaid 17 program, by programs licensed pursuant to 18 article 31 or 32 of the mental hygiene 19 law. Such programs may include programs 20 that are licensed pursuant to both article 21 31 of the mental hygiene law and article 22 28 of the public health law, or certified 23 under both article 32 of the mental 24 hygiene law and article 28 of the public 25 health law. 26 Notwithstanding any inconsistent provision 27 of law, the moneys hereby appropriated may 28 be available for payments associated with 29 the resolution by settlement agreement or 30 judgment of rate appeals and/or litigation 31 where the department of health is a party. 32 Notwithstanding any inconsistent 33 provisions of law, no expenditures shall 34 be used for the medical assistance program 35 for any expenses not explicitly authorized 36 in law without the approval of the direc- 37 tor of the budget. 38 For services and expenses of the medical 39 assistance program including hospital 40 inpatient services. 41 Notwithstanding any provision of law to the 42 contrary, the portion of this appropri- 43 ation covering fiscal year 2025-26 shall 44 supersede and replace any duplicative (i) 45 reappropriation for this item covering 46 fiscal year 2025-26, and (ii) appropri- 47 ation for this item covering fiscal year 48 2025-26 set forth in chapter 53 of the 49 laws of 2024 (26947) ........ [231,256,000] 289,070,000 50 For services and expenses of the medical 51 assistance program including hospital 52 outpatient and emergency room services. 53 Notwithstanding any provision of law to the 54 contrary, the portion of this appropri- 55 ation covering fiscal year 2025-26 shall 56 supersede and replace any duplicative (i) 
 S. 7631 20 1 reappropriation for this item covering 2 fiscal year 2025-26, and (ii) appropri- 3 ation for this item covering fiscal year 4 2025-26 set forth in chapter 53 of the 5 laws of 2024 (26948) ......... [41,488,000] 51,860,000 6 For services and expenses of the medical 7 assistance program including clinic 8 services. 9 Notwithstanding any provision of law to the 10 contrary, the portion of this appropri- 11 ation covering fiscal year 2025-26 shall 12 supersede and replace any duplicative (i) 13 reappropriation for this item covering 14 fiscal year 2025-26, and (ii) appropri- 15 ation for this item covering fiscal year 16 2025-26 set forth in chapter 53 of the 17 laws of 2024 (26949) ......... [67,868,000] 84,835,000 18 For services and expenses of the medical 19 assistance program including nursing home 20 services. 21 Notwithstanding any provision of law to the 22 contrary, the portion of this appropri- 23 ation covering fiscal year 2025-26 shall 24 supersede and replace any duplicative (i) 25 reappropriation for this item covering 26 fiscal year 2025-26, and (ii) appropri- 27 ation for this item covering fiscal year 28 2025-26 set forth in chapter 53 of the 29 laws of 2024 (26950) ........ [317,436,000] 396,795,000 30 For services and expenses of the medical 31 assistance program including other long 32 term care services. 33 Notwithstanding any provision of law to the 34 contrary, the portion of this appropri- 35 ation covering fiscal year 2025-26 shall 36 supersede and replace any duplicative (i) 37 reappropriation for this item covering 38 fiscal year 2025-26, and (ii) appropri- 39 ation for this item covering fiscal year 40 2025-26 set forth in chapter 53 of the 41 laws of 2024 (26951) ..... [1,059,151,000] 1,323,939,000 42 For services and expenses of the medical 43 assistance program including managed care 44 services including regional planning 45 activities of the finger lakes health 46 systems agency, including statewide coor- 47 dination and demonstration of best prac- 48 tices. The department shall make grants 49 within amounts appropriated therefor, to 50 assure high-quality and accessible primary 51 care, to provide technical assistance to 52 support financial and business planning 53 for integrated systems of care, and to 54 assist primary care providers in the 55 adoption, implementation, and meaningful 
 S. 7631 21 1 use of electronic health record technolo- 2 gy. 3 Notwithstanding any provision of law to the 4 contrary, the portion of this appropri- 5 ation covering fiscal year 2025-26 shall 6 supersede and replace any duplicative (i) 7 reappropriation for this item covering 8 fiscal year 2025-26, and (ii) appropri- 9 ation for this item covering fiscal year 10 2025-26 set forth in chapter 53 of the 11 laws of 2024 (26952) ..... [1,206,632,000] 1,508,290,000 12 For services and expenses of the medical 13 assistance program including pharmacy 14 services, provided, however, that no funds 15 shall be made available pursuant to this 16 appropriation for any drug not explicitly 17 authorized in any heretofore enacted law, 18 rule, or regulation without approval from 19 the director of the budget. 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 (26953) ........ [370,464,000] 463,080,000 29 For services and expenses of the medical 30 assistance program including transporta- 31 tion 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 (26954) ......... [48,940,000] 61,175,000 41 For services and expenses of the medical 42 assistance program including dental 43 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 (26955) .......... [5,688,000] 7,110,000 53 For services and expenses of the medical 54 assistance program including noninstitu- 55 tional and other spending. 
 S. 7631 22 1 The money hereby appropriated is available 2 for payment of liabilities heretofore 3 accrued or hereafter accrued. 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) ........ [550,524,000] 688,155,000 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) ........ [333,600,000] 417,000,000 29 -------------- 30 § 7. Section 6 of chapter 113 of the laws of 2025, relating to making 31 appropriations for the support of government, as amended by chapter 122 32 of the laws of 2025, is amended to read as follows: 33 § 6. The amounts specified in this section, or so much thereof as 34 shall be sufficient to accomplish the purposes designated, is hereby 35 appropriated and authorized to be paid as hereinafter provided, to the 36 public officers and for the purposes specified, which amount shall be 37 available for the state fiscal year beginning April 1, 2025. 38 DEPARTMENT OF LABOR 39 AID TO LOCALITIES 40 UNEMPLOYMENT INSURANCE BENEFIT PROGRAM ..... [750,000,000] 855,000,000 41 -------------- 42 Enterprise Funds 43 Unemployment Insurance Benefit Fund 44 Unemployment Insurance Benefit Account - 50650 45 For payment of unemployment insurance bene- 46 fits pursuant to article 18 of the labor 47 law or as authorized by the federal 48 government through the disaster unemploy- 49 ment assistance program, the emergency 50 unemployment compensation program, the 
 S. 7631 23 1 extended benefit program, the federal 2 additional compensation program or any 3 other federally funded unemployment bene- 4 fit program (34787) ........ [750,000,000] 855,000,000 5 § 8. Section 11 of chapter 119 of the laws of 2025, relating to making 6 appropriations for the support of government, as amended by chapter 122 7 of the laws of 2025, is amended to read as follows: 8 § 11. The amounts specified in this section, or so much thereof as 9 shall be sufficient to accomplish the purposes designated, is hereby 10 appropriated and authorized to be paid as hereinafter provided, to the 11 public officers and for the purposes specified, which amount shall be 12 available for the state fiscal year beginning April 1, 2025. 13 DEPARTMENT OF MENTAL HYGIENE 14 OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES 15 AID TO LOCALITIES 16 COMMUNITY SERVICES PROGRAM ................. [409,744,000] 418,159,000 17 -------------- 18 General Fund 19 Local Assistance Account - 10000 20 For services and expenses of the community 21 services program, net of disallowances, 22 for community programs for people with 23 developmental disabilities pursuant to 24 article 41 of the mental hygiene law, 25 and/or chapter 620 of the laws of 1974, 26 chapter 660 of the laws of 1977, chapter 27 412 of the laws of 1981, chapter 27 of the 28 laws of 1987, chapter 729 of the laws of 29 1989, chapter 329 of the laws of 1993 and 30 other provisions of the mental hygiene 31 law. Notwithstanding any inconsistent 32 provision of law, the following appropri- 33 ation shall be net of prior and/or current 34 year refunds, rebates, reimbursements, and 35 credits. 36 Notwithstanding any other provision of law, 37 advances and reimbursement made pursuant 38 to subdivision (d) of section 41.15 and 39 section 41.18 of the mental hygiene law 40 shall be allocated pursuant to a plan and 41 in a manner prescribed by the agency head 42 and approved by the director of the budg- 43 et. The moneys hereby appropriated are 44 available to reimburse or advance locali- 45 ties and voluntary non-profit agencies for 46 expenditures made during local fiscal 47 periods commencing January 1, 2025, April 48 1, 2025 or July 1, 2025, and for advances 49 for the 3 month period beginning January 50 1, 2026. 
 S. 7631 24 1 Notwithstanding the provisions of article 41 2 of the mental hygiene law or any other 3 inconsistent provision of law, rule or 4 regulation, the commissioner, pursuant to 5 such contract and in the manner provided 6 therein, may pay all or a portion of the 7 expenses incurred by such voluntary agen- 8 cies arising out of loans which are funded 9 from the proceeds of bonds and notes 10 issued by the dormitory authority of the 11 state of New York. 12 Notwithstanding any other provision of law, 13 the money hereby appropriated may be 14 transferred to state operations and/or any 15 appropriation of the office for people 16 with developmental disabilities with the 17 approval of the director of the budget. 18 Notwithstanding any inconsistent provision 19 of law, moneys from this appropriation may 20 be used for state aid of up to 100 percent 21 of the net deficit costs of day training 22 programs and family support services. 23 Notwithstanding the provisions of section 24 16.23 of the mental hygiene law and any 25 other inconsistent provision of law, with 26 relation to the operation of certified 27 family care homes, including family care 28 homes sponsored by voluntary not-for-pro- 29 fit agencies, moneys from this appropri- 30 ation may be used for payments to purchase 31 general services including but not limited 32 to respite providers, up to a maximum of 33 14 days, at rates to be established by the 34 commissioner and approved by the director 35 of the budget in consideration of factors 36 including, but not limited to, geographic 37 area and number of clients cared for in 38 the home and for payment in an amount 39 determined by the commissioner for the 40 personal needs of each client residing in 41 the family care home. 42 Notwithstanding the provisions of subdivi- 43 sion 12 of section 8 of the state finance 44 law and any other inconsistent provision 45 of law, moneys from this appropriation may 46 be used for expenses of family care homes 47 including payments to operators of certi- 48 fied family care homes for damages caused 49 by clients to personal and real property 50 in accordance with standards established 51 by the commissioner and approved by the 52 director of the budget. 53 Notwithstanding any inconsistent provision 54 of law, moneys from this appropriation may 55 be used for appropriate day program 56 services and residential services includ- 
 S. 7631 25 1 ing, but not limited to, direct housing 2 subsidies to individuals, start-up 3 expenses for family care providers, envi- 4 ronmental modifications, adaptive technol- 5 ogies, appraisals, property options, 6 feasibility studies and preoperational 7 expenses. 8 Notwithstanding any inconsistent provision 9 of law except pursuant to a chapter of the 10 laws of 2024 authorizing a 2.84 percent 11 cost of living adjustment, for the period 12 commencing on April 1, 2024 and ending 13 March 31, 2025 the commissioner shall not 14 apply any other cost of living adjustment 15 for the purpose of establishing rates of 16 payments, contracts or any other form of 17 reimbursement; provided that this shall 18 not prevent the commissioner from applying 19 prior adjustments for the purpose of 20 establishing rates resulting from a rebas- 21 ing of base year costs. 22 Notwithstanding section 6908 of the educa- 23 tion law and any other provision of law, 24 rule or regulation to the contrary, direct 25 support staff in programs certified or 26 approved by the office for people with 27 developmental disabilities, including the 28 home and community based services waiver 29 programs that the office for people with 30 developmental disabilities is authorized 31 to administer with federal approval pursu- 32 ant to subdivision (c) of section 1915 of 33 the federal social security act, are 34 authorized to provide such tasks as OPWDD 35 may specify when performed under the 36 supervision, training and periodic 37 inspection of a registered professional 38 nurse and in accordance with an authorized 39 practitioner's ordered care. 40 Notwithstanding any other provision of law 41 to the contrary, and consistent with 42 section 33.07 of the mental hygiene law, 43 the directors of facilities licensed but 44 not operated by the office for people with 45 developmental disabilities who act as 46 federally-appointed representative payees 47 and who assume management responsibility 48 over the funds of a resident may continue 49 to use such funds for the cost of the 50 resident's care and treatment, consistent 51 with federal law and regulations. 52 Funds appropriated herein shall be available 53 in accordance with the following: 54 Notwithstanding any inconsistent provision 55 of law, the director of the budget is 56 authorized to make suballocations from 
 S. 7631 26 1 this appropriation to the department of 2 health medical assistance program. 3 Notwithstanding any inconsistent provision 4 of law, and pursuant to criteria estab- 5 lished by the commissioner of the office 6 for people with developmental disabilities 7 and approved by the director of the budg- 8 et, expenditures may be made from this 9 appropriation for residential facilities 10 which are pending recertification as 11 intermediate care facilities for people 12 with developmental disabilities. 13 Notwithstanding the provisions of section 14 41.36 of the mental hygiene law and any 15 other inconsistent provision of law, 16 moneys from this appropriation may be used 17 for payment up to $250 per year per 18 client, at such times and in such manner 19 as determined by the commissioner on the 20 basis of financial need for the personal 21 needs of each client residing in voluntar- 22 y-operated community residences and volun- 23 tary-operated community residential alter- 24 natives, including individualized 25 residential alternatives under the home 26 and community based services waiver. The 27 commissioner shall, subject to the 28 approval of the director of the budget, 29 alter existing advance payment schedules 30 for voluntary-operated community resi- 31 dences established pursuant to section 32 41.36 of the mental hygiene law. 33 Notwithstanding any inconsistent provision 34 of law, moneys from this appropriation may 35 be used for the operation of clinics 36 licensed pursuant to article 16 of the 37 mental hygiene law including, but not 38 limited to, supportive and habilitative 39 services consistent with the home and 40 community based services waiver. 41 For the state share of medical assistance 42 services expenses incurred by the depart- 43 ment of health for the provision of 44 medical assistance services to people with 45 developmental disabilities (37835) ......... 369,352,000 46 For services and expenses of the community 47 services program, net of disallowances, 48 for community programs for people with 49 developmental disabilities pursuant to 50 article 41 of the mental hygiene law, 51 and/or chapter 620 of the laws of 1974, 52 chapter 660 of the laws of 1977, chapter 53 412 of the laws of 1981, chapter 27 of the 54 laws of 1987, chapter 729 of the laws of 55 1989, chapter 329 of the laws of 1993 and 56 other provisions of the mental hygiene 
 S. 7631 27 1 law. Notwithstanding any inconsistent 2 provision of law, the following appropri- 3 ation shall be net of prior and/or current 4 year refunds, rebates, reimbursements, and 5 credits. 6 Notwithstanding any other provision of law, 7 advances and reimbursement made pursuant 8 to subdivision (d) of section 41.15 and 9 section 41.18 of the mental hygiene law 10 shall be allocated pursuant to a plan and 11 in a manner prescribed by the agency head 12 and approved by the director of the budg- 13 et. The moneys hereby appropriated are 14 available to reimburse or advance locali- 15 ties and voluntary non-profit agencies for 16 expenditures made during local fiscal 17 periods commencing January 1, 2025, April 18 1, 2025 or July 1, 2025, and for advances 19 for the 3 month period beginning January 20 1, 2026. 21 Notwithstanding the provisions of article 41 22 of the mental hygiene law or any other 23 inconsistent provision of law, rule or 24 regulation, the commissioner, pursuant to 25 such contract and in the manner provided 26 therein, may pay all or a portion of the 27 expenses incurred by such voluntary agen- 28 cies arising out of loans which are funded 29 from the proceeds of bonds and notes 30 issued by the dormitory authority of the 31 state of New York. 32 Notwithstanding any other provision of law, 33 the money hereby appropriated may be 34 transferred to state operations and/or any 35 appropriation of the office for people 36 with developmental disabilities with the 37 approval of the director of the budget. 38 Notwithstanding any inconsistent provision 39 of law, moneys from this appropriation may 40 be used for state aid of up to 100 percent 41 of the net deficit costs of day training 42 programs and family support services. 43 Notwithstanding the provisions of section 44 16.23 of the mental hygiene law and any 45 other inconsistent provision of law, with 46 relation to the operation of certified 47 family care homes, including family care 48 homes sponsored by voluntary not-for-pro- 49 fit agencies, moneys from this appropri- 50 ation may be used for payments to purchase 51 general services including but not limited 52 to respite providers, up to a maximum of 53 14 days, at rates to be established by the 54 commissioner and approved by the director 55 of the budget in consideration of factors 56 including, but not limited to, geographic 
 S. 7631 28 1 area and number of clients cared for in 2 the home and for payment in an amount 3 determined by the commissioner for the 4 personal needs of each client residing in 5 the family care home. 6 Notwithstanding the provisions of subdivi- 7 sion 12 of section 8 of the state finance 8 law and any other inconsistent provision 9 of law, moneys from this appropriation may 10 be used for expenses of family care homes 11 including payments to operators of certi- 12 fied family care homes for damages caused 13 by clients to personal and real property 14 in accordance with standards established 15 by the commissioner and approved by the 16 director of the budget. 17 Notwithstanding any inconsistent provision 18 of law, moneys from this appropriation may 19 be used for appropriate day program 20 services and residential services includ- 21 ing, but not limited to, direct housing 22 subsidies to individuals, start-up 23 expenses for family care providers, envi- 24 ronmental modifications, adaptive technol- 25 ogies, appraisals, property options, 26 feasibility studies and preoperational 27 expenses. 28 Notwithstanding any inconsistent provision 29 of law except pursuant to a chapter of the 30 laws of 2024 authorizing a 2.84 percent 31 cost of living adjustment, for the period 32 commencing on April 1, 2024 and ending 33 March 31, 2025 the commissioner shall not 34 apply any other cost of living adjustment 35 for the purpose of establishing rates of 36 payments, contracts or any other form of 37 reimbursement; provided that this shall 38 not prevent the commissioner from applying 39 prior adjustments for the purpose of 40 establishing rates resulting from a rebas- 41 ing of base year costs. 42 Notwithstanding section 6908 of the educa- 43 tion law and any other provision of law, 44 rule or regulation to the contrary, direct 45 support staff in programs certified or 46 approved by the office for people with 47 developmental disabilities, including the 48 home and community based services waiver 49 programs that the office for people with 50 developmental disabilities is authorized 51 to administer with federal approval pursu- 52 ant to subdivision (c) of section 1915 of 53 the federal social security act, are 54 authorized to provide such tasks as OPWDD 55 may specify when performed under the 56 supervision, training and periodic 
 S. 7631 29 1 inspection of a registered professional 2 nurse and in accordance with an authorized 3 practitioner's ordered care. 4 Notwithstanding any other provision of law 5 to the contrary, and consistent with 6 section 33.07 of the mental hygiene law, 7 the directors of facilities licensed but 8 not operated by the office for people with 9 developmental disabilities who act as 10 federally-appointed representative payees 11 and who assume management responsibility 12 over the funds of a resident may continue 13 to use such funds for the cost of the 14 resident's care and treatment, consistent 15 with federal law and regulations. 16 Funds appropriated herein shall be available 17 in accordance with the following: 18 Notwithstanding any other provision of law 19 to the contrary, funds appropriated herein 20 are available to reimburse in- and out-of- 21 state private residential schools, pursu- 22 ant to subdivision (c) of section 13.37-a 23 and subdivision (g) of section 13.38 of 24 the mental hygiene law, for costs of 25 supporting the residential and day program 26 services available to individuals who are 27 over the age of 21 years of age, provided 28 that the amount paid for residential 29 services and/or maintenance costs is net 30 of any supplemental security income bene- 31 fit to which the individual receiving 32 services is eligible, and provided further 33 that funding for nonresidential services 34 will be in an amount not to exceed the 35 maximum reimbursement for appropriate day 36 services delivered by the office for 37 people with developmental disabilities 38 certified or approved providers other than 39 in- and out-of-state private residential 40 schools, unless otherwise authorized by 41 the director of the budget. 42 Notwithstanding section 163 of the state 43 finance law, section 142 of the economic 44 development law, and article 41 of the 45 mental hygiene law, the commissioner of 46 the office for people with developmental 47 disabilities may make the funds appropri- 48 ated herein available as state aid, a loan 49 or a grant, pursuant to terms and condi- 50 tions established by the commissioner of 51 the office for people with developmental 52 disabilities, to cover a portion of the 53 development costs of private, public 54 and/or non-profit organizations, including 55 corporations and partnerships established 56 pursuant to the private housing finance 
 S. 7631 30 1 law and/or any other statutory provisions, 2 for supportive housing units that have 3 been set aside for individuals with intel- 4 lectual and developmental disabilities. 5 Further, the office for people with develop- 6 mental disabilities shall have a lien on 7 the real property developed with such 8 state aid, loans or grants, which shall be 9 in the amount of the loan or grant, for a 10 maximum term of 30 years, or other longer 11 term consistent with the requirements of 12 another regulatory agency. 13 For services and expenses related to the 14 provision of residential services to 15 people with developmental disabilities 16 (37802) ..................... [23,448,000] 28,333,000 17 For services and expenses related to the 18 provision of day program services to 19 people with developmental disabilities 20 (37803) ...................... [5,760,000] 6,960,000 21 For services and expenses related to the 22 provision of family support services to 23 people with developmental disabilities 24 (37804) ...................... [6,480,000] 7,830,000 25 For services and expenses related to the 26 provision of workshop, day training and 27 employment services to people with devel- 28 opmental disabilities. Notwithstanding any 29 other provision of law, up to $800,000 of 30 this appropriation may be transferred to 31 the New York State Education Departments' 32 Adult Career and Continuing Education 33 Services - Vocational Rehabilitation 34 (ACCES-VR) program to support the Long- 35 Term Sheltered Employment program operated 36 by FEDCAP Rehabilitation Services, Inc. 37 (37805) ...................... [3,744,000] 4,524,000 38 For other services and expenses provided to 39 people with developmental disabilities 40 including but not limited to hepatitis B, 41 care at home waiver, epilepsy services, 42 Special Olympics New York, Inc. and volun- 43 tary fingerprinting (37806) .... [960,000] 1,160,000 44 -------------- 45 § 9. Section 8 of chapter 113 of the laws of 2025, relating to making 46 appropriations for the support of government, as amended by chapter 122 47 of the laws of 2025, is amended to read as follows: 48 § 8. The amounts specified in this section, or so much thereof as 49 shall be sufficient to accomplish the purposes designated, is hereby 50 appropriated and authorized to be paid as hereinafter provided, to the 51 public officers and for the purposes specified, which amount shall be 52 available for the state fiscal year beginning April 1, 2025. 
 S. 7631 31 1 DEPARTMENT OF VETERANS' SERVICES 2 AID TO LOCALITIES 3 BLIND VETERAN ANNUITY ASSISTANCE PROGRAM ....................... 385,000 4 -------------- 5 General Fund 6 Local Assistance Account - 10000 7 For payment of annuities to blind veterans 8 and eligible surviving spouses. Up to 9 $15,000 of this appropriation may be 10 transferred to state operations for admin- 11 istrative costs associated with this 12 program (54606) ................................ 385,000 13 VETERANS' BENEFITS ADVISING PROGRAM ............. [336,000] 406,000 14 -------------- 15 Special Revenue Funds - Other 16 Homeless Veterans Assistance Fund 17 Homeless Veterans Assistance Account - 20204 18 For services and expenses related to home- 19 less veterans' housing (54815) .. [336,000] 406,000 20 § 10. No expenditure may be made from any appropriation in this act, 21 until a certificate of approval has been issued by the director of the 22 budget and a copy of such certificate shall have been filed with the 23 state comptroller, the chairman of the senate finance committee and the 24 chairman of the assembly ways and means committee provided, however, 25 that any expenditures from any appropriation in this act made by the 26 legislature or judiciary shall not require such certificate. 27 § 11. All expenditures and disbursements made against the appropri- 28 ations in this act shall, upon final action by the legislature on appro- 29 priation bills submitted by the governor pursuant to article VII of the 30 state constitution for the support of government for the state fiscal 31 year beginning April 1, 2025, be transferred by the comptroller as 32 expenditures and disbursements to such appropriations for all state 33 departments and agencies, as applicable, in amounts equal to the amounts 34 charged against the appropriations in this act for each such department, 35 agency, and the legislature and the judiciary. 36 § 12. Severability clause. If any clause, sentence, paragraph, subdi- 37 vision, section or part of this act shall be adjudged by any court of 38 competent jurisdiction to be invalid, such judgment shall not affect, 39 impair, or invalidate the remainder thereof, but shall be confined in 40 its operation to the clause, sentence, paragraph, subdivision, section 41 or part thereof directly involved in the controversy in which such judg- 42 ment shall have been rendered. It is hereby declared to be the intent of 43 the legislature that this act would have been enacted even if such 44 invalid provisions had not been included herein. 
 S. 7631 32 1 § 13. This act shall take effect immediately and shall be deemed to 2 have been in full force and effect on and after April 1, 2025; provided, 3 however, that upon the transfer of expenditures and disbursements by the 4 comptroller as provided in section eleven of this act, the appropri- 5 ations made by this act and subject to such section shall be deemed 6 repealed.