S 7707: Provides for emergency appropriation through May 7, 2025 for the support of government.

  
  STATE OF NEW YORK ________________________________________________________________________ 7707 2025-2026 Regular Sessions  IN SENATE May 1, 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 124 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. LBD12011-01-5 
 S. 7707 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 May [1] 7, 2025 to 5 state officers and employees of the execu- 6 tive branch, including the governor, lieu- 7 tenant governor, comptroller, and attorney 8 general, and to employees of the legisla- 9 ture. This appropriation also includes 10 payments for services performed by mental- 11 ly ill or developmentally disabled persons 12 who are employed in state-operated special 13 employment, work-for-pay or sheltered 14 workshop programs ........................ 15 .......................... [1,631,630,000] 1,978,430,000 16 -------------- 17 § 3. Section 3 of chapter 113 of the laws of 2025, relating to making 18 appropriations for the support of government, as amended by chapter 124 19 of the laws of 2025, is amended to read as follows: 20 § 3. The amount specified in this section, or so much thereof as shall 21 be sufficient to accomplish the purpose designated, is hereby appropri- 22 ated and authorized to be paid as hereinafter provided, to the public 23 officers and for the purpose specified, which amount shall be available 24 for the state fiscal year beginning April 1, 2025. 25 ALL STATE DEPARTMENTS AND AGENCIES 26 For the payment of state operations non 27 personal service liabilities to the execu- 28 tive branch, including the comptroller, 29 and the attorney general, and legislature, 30 incurred in the ordinary course of busi- 31 ness, during the period April 1 through 32 May [1] 6, 2025, pursuant to existing 33 state law and for purposes for which the 34 legislature authorized the expenditure of 35 moneys during the 2024-2025 state fiscal 36 year; provided, however, that nothing 37 contained herein shall be deemed to limit 38 or restrict the power or authority of 39 state departments or agencies to conduct 40 their activities or operations in accord- 41 ance with existing law, and further 42 provided that nothing contained herein 43 shall be deemed to supersede, nullify or 44 modify the provisions of section 40 of the 45 state finance law prescribing when appro- 46 priations made for the 2024-2025 state 47 fiscal year shall have ceased to have 48 force and effect ............................ 34,000,000 49 -------------- 50 § 4. Section 5 of chapter 118 of the laws of 2025, relating to making 51 appropriations for the support of government, as amended by chapter 124 52 of the laws of 2025, is amended to read as follows: 
 S. 7707 3 1 § 5. 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 JUDICIARY 7 For the purpose of making payments for 8 personal service, including liabilities 9 incurred prior to April 1, 2025, on the 10 payrolls scheduled to be paid during the 11 period April 1 through May [1] 7, 2025 to 12 officers and employees of the judiciary .. 13 ............................. [175,000,000] 265,000,000 14 For the payment of state operations nonper- 15 sonal service liabilities, the sum of 16 twenty-five million dollars ($25,000,000), 17 or so much thereof as shall be sufficient 18 to accomplish the purpose designated, is 19 hereby appropriated to the judiciary out 20 of any moneys in the general fund or other 21 funds to the credit of the state purposes 22 account not otherwise appropriated. The 23 comptroller is hereby authorized and 24 directed to utilize this appropriation for 25 the purpose of making payments for nonper- 26 sonal service liabilities incurred by the 27 judiciary from April 1 through May [1] 6, 28 2025 ........................................ 25,000,000 29 For the payment of aid to localities liabil- 30 ities, the sum of thirty million dollars 31 ($30,000,000), or so much thereof as shall 32 be sufficient to accomplish the purpose 33 designated, is hereby appropriated to the 34 judiciary out of any moneys in the general 35 fund or other funds to the credit of the 36 state purposes account not otherwise 37 appropriated. The comptroller is hereby 38 authorized and directed to utilize this 39 appropriation for the purpose of making 40 payments for aid to localities liabilities 41 incurred by the judiciary from April 1 42 through May [1] 6, 2025 ..................... 30,000,000 43 For the payment of employee fringe benefit 44 programs including, but not limited to, 45 the judiciary's contributions to the 46 health insurance fund, the employees' 47 retirement system pension accumulation 48 fund, the social security contribution 49 fund, employee benefit fund programs, the 50 dental insurance plan, the vision care 51 plan, the unemployment insurance fund, and 52 for workers' compensation benefits, the 53 sum of three hundred million dollars 54 ($300,000,000), or so much thereof as 
 S. 7707 4 1 shall be sufficient to accomplish the 2 purpose designated, is hereby appropriated 3 to the judiciary out of any moneys in the 4 general fund or other funds to the credit 5 of the state purposes account not other- 6 wise appropriated. The comptroller is 7 hereby authorized and directed to utilize 8 this appropriation for the purpose of 9 making payments for employee fringe bene- 10 fit liabilities incurred by the judiciary 11 from April 1 through May [1] 6, 2025 ....... 300,000,000 12 -------------- 13 § 5. Section 5 of chapter 113 of the laws of 2025, relating to making 14 appropriations for the support of government, as amended by chapter 124 15 of the laws of 2025, is amended to read as follows: 16 § 5. The amounts specified in this section, or so much thereof as 17 shall be sufficient to accomplish the purposes designated, is hereby 18 appropriated and authorized to be paid as hereinafter provided, to the 19 public officers and for the purposes specified, which amount shall be 20 available for the state fiscal year beginning April 1, 2025. 21 DEPARTMENT OF HEALTH 22 AID TO LOCALITIES 23 CENTER FOR COMMUNITY HEALTH PROGRAM ......... [40,170,000] 44,450,000 24 -------------- 25 General Fund 26 Local Assistance Account - 10000 27 For services and expenses related to the 28 Indian health program. The money hereby 29 appropriated shall be for payment of 30 financial assistance heretofore accrued or 31 hereafter to accrue (26840) .................. 7,000,000 32 -------------- 33 Special Revenue Funds - Federal 34 Federal USDA-Food and Nutrition Services Fund 35 Federal Food and Nutrition Services Account - 25022 36 For various federal food and nutritional 37 services. The moneys hereby appropriated 38 shall be available for payment of finan- 39 cial assistance heretofore accrued (26986) 40 ............................. [33,170,000] 37,450,000 41 -------------- 42 CHILD HEALTH INSURANCE PROGRAM ............................. 109,366,000 43 -------------- 44 Special Revenue Funds - Other 45 HCRA Resources Fund 46 Children's Health Insurance Account - 20810 
 S. 7707 5 1 The money hereby appropriated is available 2 for payment of aid heretofore accrued or 3 hereafter accrued. 4 Notwithstanding any other provision of law, 5 the money hereby appropriated may be 6 increased or decreased by transfer or 7 suballocation to appropriations of the 8 office of temporary and disability assist- 9 ance, for the reimbursement of local 10 district administrative costs related to 11 children newly enrolled in medicaid whose 12 household income is between 100 percent 13 and 133 percent of the federal poverty 14 level. 15 Notwithstanding any provision of law to the 16 contrary, the amounts appropriated herein 17 shall be net of refunds, rebates, 18 reimbursements, credits, repayments, 19 and/or disallowances. 20 For services and expenses related to the 21 children's health insurance program 22 authorized pursuant to title 1-A of arti- 23 cle 25 of the public health law (26931) .... 109,366,000 24 -------------- 25 ELDERLY PHARMACEUTICAL INSURANCE COVERAGE PROGRAM ............ 1,520,000 26 -------------- 27 Special Revenue Funds - Other 28 HCRA Resources Fund 29 EPIC Premium Account - 20818 30 For services and expenses of the program for 31 elderly pharmaceutical insurance coverage, 32 including reimbursement to pharmacies 33 participating in such program. 34 The moneys hereby appropriated shall be 35 available for payment of financial assist- 36 ance heretofore accrued (26803) .............. 1,520,000 37 MEDICAL ASSISTANCE PROGRAM ............... [7,541,232,000] 7,793,997,000 38 -------------- 39 General Fund 40 Local Assistance Account - 10000 41 For the medical assistance program, includ- 42 ing administrative expenses, for local 43 social services districts, and for medical 44 care rates for authorized child care agen- 45 cies. 46 Notwithstanding section 40 of the state 47 finance law or any provision of law to the 48 contrary, subject to federal approval, 49 department of health state funds medicaid 
 S. 7707 6 1 spending, excluding payments for medical 2 services provided at state facilities 3 operated by the office of mental health, 4 the office for people with developmental 5 disabilities and the office of addiction 6 services and supports and further exclud- 7 ing any payments which are not appropri- 8 ated within the department of health, in 9 the aggregate, for the period April 1, 10 2025 through March 31, 2026, shall not 11 exceed $33,417,285,000 except as provided 12 below provided, however, such aggregate 13 limits may be adjusted by the director of 14 the budget to account for any changes in 15 the New York state federal medical assist- 16 ance percentage amount established pursu- 17 ant to the federal social security act, 18 increases in provider revenues, reductions 19 in local social services district payments 20 for medical assistance administration, 21 minimum wage increases, and beginning 22 April 1, 2012 the operational costs of the 23 New York state medical indemnity fund, 24 pursuant to chapter 59 of the laws of 25 2011, and state costs or savings from the 26 essential plan program. Such projections 27 may be adjusted by the director of the 28 budget to account for increased or expe- 29 dited department of health state funds 30 medicaid expenditures as a result of a 31 natural or other type of disaster, includ- 32 ing a governmental declaration of emergen- 33 cy. 34 The director of the budget, in consultation 35 with the commissioner of health, shall 36 assess on a quarterly basis known and 37 projected medicaid expenditures by catego- 38 ry of service and by geographic region, as 39 defined by the commissioner, incurred both 40 prior to and subsequent to such assessment 41 for each such period, and if the director 42 of the budget determines that such expend- 43 itures are expected to cause medicaid 44 spending for such period to exceed the 45 aggregate limit specified herein for such 46 period, the state medicaid director, in 47 consultation with the director of the 48 budget and the commissioner of health, 49 shall develop a medicaid savings allo- 50 cation adjustment to limit such spending 51 to the aggregate limit specified herein 52 for such period. 53 Such medicaid savings allocation adjustment 54 shall be designed, to reduce the expendi- 55 tures authorized by the appropriations 56 herein in compliance with the following 
 S. 7707 7 1 guidelines: (1) reductions shall be made 2 in compliance with applicable federal law, 3 including the provisions of the Patient 4 Protection and Affordable Care Act, Public 5 Law No. 111-148, and the Health Care and 6 Education Reconciliation Act of 2010, 7 Public Law No. 111-152 (collectively 8 "Affordable Care Act") and any subsequent 9 amendments thereto or regulations promul- 10 gated thereunder; (2) reductions shall be 11 made in a manner that complies with the 12 state medicaid plan approved by the feder- 13 al centers for medicare and medicaid 14 services, provided, however, that the 15 commissioner of health is authorized to 16 submit any state plan amendment or seek 17 other federal approval, including waiver 18 authority, to implement the provisions of 19 the medicaid savings allocation adjustment 20 that meets the other criteria set forth 21 herein; (3) reductions shall be made in a 22 manner that maximizes federal financial 23 participation, to the extent practicable, 24 including any federal financial partic- 25 ipation that is available or is reasonably 26 expected to become available, in the 27 discretion of the commissioner, under the 28 Affordable Care Act; (4) reductions shall 29 be made uniformly among categories of 30 services and geographic regions of the 31 state, to the extent practicable, and 32 shall be made uniformly within a category 33 of service, to the extent practicable, 34 except where the commissioner determines 35 that there are sufficient grounds for 36 non-uniformity, including but not limited 37 to: the extent to which specific catego- 38 ries of services contributed to department 39 of health medicaid state funds spending in 40 excess of the limits specified herein; the 41 need to maintain safety net services in 42 underserved communities; or the potential 43 benefits of pursuing innovative payment 44 models contemplated by the Affordable Care 45 Act, in which case such grounds shall be 46 set forth in the medicaid savings allo- 47 cation adjustment; and (5) reductions 48 shall be made in a manner that does not 49 unnecessarily create administrative 50 burdens to medicaid applicants and recipi- 51 ents or providers. 52 The commissioner shall seek the input of the 53 legislature, as well as organizations 54 representing health care providers, 55 consumers, businesses, workers, health 56 insurers, and others with relevant exper- 
 S. 7707 8 1 tise, in developing such medicaid savings 2 allocation adjustment, to the extent that 3 all or part of such adjustment, in the 4 discretion of the commissioner, is likely 5 to have a material impact on the overall 6 medicaid program, particular categories of 7 service or particular geographic regions 8 of the state. 9 (a) The commissioner shall post the medicaid 10 savings allocation adjustment on the 11 department of health's website and shall 12 provide written copies of such adjustment 13 to the chairs of the senate finance and 14 the assembly ways and means committees at 15 least 30 days before the date on which 16 implementation is expected to begin. 17 (b) The commissioner may revise the medicaid 18 savings allocation adjustment subsequent 19 to the provisions of notice and prior to 20 implementation but needs to provide a new 21 notice pursuant to subparagraph (i) of 22 this paragraph only if the commissioner 23 determines, in his or her discretion, that 24 such revisions materially alter the 25 adjustment. 26 Notwithstanding the provisions of paragraphs 27 (a) and (b) of this subdivision, the 28 commissioner need not seek the input 29 described in paragraph (a) of this subdi- 30 vision or provide notice pursuant to para- 31 graph (b) of this subdivision if, in the 32 discretion of the commissioner, expedited 33 development and implementation of a medi- 34 caid savings allocation adjustment is 35 necessary due to a public health emergen- 36 cy. 37 For purposes of this section, a public 38 health emergency is defined as: (i) a 39 disaster, natural or otherwise, that 40 significantly increases the immediate need 41 for health care personnel in an area of 42 the state; (ii) an event or condition that 43 creates a widespread risk of exposure to a 44 serious communicable disease, or the 45 potential for such widespread risk of 46 exposure; or (iii) any other event or 47 condition determined by the commissioner 48 to constitute an imminent threat to public 49 health. 50 Nothing in this paragraph shall be deemed to 51 prevent all or part of such medicaid 52 savings allocation adjustment from taking 53 effect retroactively to the extent permit- 54 ted by the federal centers for medicare 55 and medicaid services. 
 S. 7707 9 1 In accordance with the medicaid savings 2 allocation adjustment, the commissioner of 3 the department of health shall reduce 4 department of health state funds medicaid 5 spending by the amount of the projected 6 overspending through, actions including, 7 but not limited to modifying or suspending 8 reimbursement methods, including but not 9 limited to all fees, premium levels and 10 rates of payment, notwithstanding any 11 provision of law that sets a specific 12 amount or methodology for any such 13 payments or rates of payment; modifying or 14 discontinuing medicaid program benefits; 15 seeking all necessary federal approvals, 16 including, but not limited to waivers, 17 waiver amendments; and suspending time 18 frames for notice, approval or certif- 19 ication of rate requirements, notwith- 20 standing any provision of law, rule or 21 regulation to the contrary, including but 22 not limited to sections 2807 and 3614 of 23 the public health law, section 18 of chap- 24 ter 2 of the laws of 1988, and 18 NYCRR 25 505.14(h). 26 The department of health shall prepare a 27 quarterly report that sets forth: (a) 28 known and projected department of health 29 medicaid expenditures as described in 30 subdivision (1) of this section, and 31 factors that could result in medicaid 32 disbursements for the relevant state 33 fiscal year to exceed the projected 34 department of health state funds disburse- 35 ments in the enacted budget financial plan 36 pursuant to subdivision 3 of section 23 of 37 the state finance law, including spending 38 increases or decreases due to: enrollment 39 fluctuations, rate changes, utilization 40 changes, MRT investments, and shift of 41 beneficiaries to managed care; and vari- 42 ations in offline medicaid payments; and 43 (b) the actions taken to implement any 44 medicaid savings allocation adjustment 45 implemented pursuant to subdivision (4) of 46 this section, including information 47 concerning the impact of such actions on 48 each category of service and each 49 geographic region of the state. Each such 50 quarterly report shall be provided to the 51 chairs of the senate finance and the 52 assembly ways and means committees and 53 shall be posted on the department of 54 health's website in a timely manner. 55 The money hereby appropriated is to be 56 available for payment of aid heretofore 
 S. 7707 10 1 accrued or hereafter accrued to munici- 2 palities, and to providers of medical 3 services pursuant to section 367-b of the 4 social services law, and for payment of 5 state aid to municipalities and to provid- 6 ers of family care where payment systems 7 through the fiscal intermediaries are not 8 operational. 9 Notwithstanding any inconsistent provision 10 of law to the contrary, funds may be used 11 by the department for outside legal 12 assistance on issues involving the federal 13 government, the conduct of preadmission 14 screening and annual resident reviews 15 required by the state's medicaid program, 16 computer matching with insurance carriers 17 to insure that medicaid is the payer of 18 last resort and activities related to the 19 management of the pharmacy benefit avail- 20 able under the medicaid program. 21 Notwithstanding any inconsistent provision 22 of law, in lieu of payments authorized by 23 the social services law, or payments of 24 federal funds otherwise due to the local 25 social services districts for programs 26 provided under the federal social security 27 act or the federal food stamp act, funds 28 herein appropriated, in amounts certified 29 by the state commissioner of temporary and 30 disability assistance or the state commis- 31 sioner of health as due from local social 32 services districts each month as their 33 share of payments made pursuant to section 34 367-b of the social services law may be 35 set aside by the state comptroller in an 36 interest-bearing account in order to 37 ensure the orderly and prompt payment of 38 providers under section 367-b of the 39 social services law pursuant to an esti- 40 mate provided by the commissioner of 41 health of each local social services 42 district's share of payments made pursuant 43 to section 367-b of the social services 44 law. 45 Notwithstanding any inconsistent provision 46 of law, funding made available by these 47 appropriations shall support direct salary 48 costs and related fringe benefits within 49 the medical assistance program associated 50 with any minimum wage increase that takes 51 effect during the timeframe of these 52 appropriations, pursuant to section 652 of 53 the labor law. Each eligible organization 54 in receipt of funding made available by 55 these appropriations may be required to 56 submit written certification, in such form 
 S. 7707 11 1 and at such time the commissioner may 2 prescribe, attesting to the total amount 3 of funds used by the eligible organiza- 4 tion, how such funding will be or was used 5 for purposes eligible under these appro- 6 priations and any other reporting deemed 7 necessary by the commissioner. The amounts 8 appropriated herein may include advances 9 to organizations authorized to receive 10 such funds to accomplish this purpose. 11 Notwithstanding any other provision of law, 12 the money hereby appropriated may be 13 increased or decreased by interchange or 14 transfer, with any appropriation of the 15 department of health and the office of 16 medicaid inspector general and may be 17 increased or decreased by transfer or 18 suballocation between these appropriated 19 amounts and appropriations of the depart- 20 ment of health state purpose account, the 21 office of mental health, office for people 22 with developmental disabilities, the 23 office of addiction services and supports, 24 the department of family assistance office 25 of temporary and disability assistance, 26 the department of corrections and communi- 27 ty supervision, the office of information 28 technology services, the state university 29 of New York, and office of children and 30 family services, the office of medicaid 31 inspector general, the state education 32 department, and the state office for the 33 aging with the approval of the director of 34 the budget, who shall file such approval 35 with the department of audit and control 36 and copies thereof with the chairman of 37 the senate finance committee and the 38 chairman of the assembly ways and means 39 committee. 40 Notwithstanding any inconsistent provision 41 of law to the contrary, the moneys hereby 42 appropriated may be used for payments to 43 the centers for medicaid and medicare 44 services for obligations incurred related 45 to the pharmaceutical costs of dually 46 eligible medicare/medicaid beneficiaries 47 participating in the medicare drug benefit 48 authorized by P.L. 108-173. 49 Notwithstanding any inconsistent provision 50 of law, the moneys hereby appropriated 51 shall not be used for any existing rates, 52 fees, fee schedule, or procedures which 53 may affect the cost of care and services 54 provided by personal care providers, case 55 managers, health maintenance organiza- 56 tions, out of state medical facilities 
 S. 7707 12 1 which provide care and services to resi- 2 dents of the state, providers of transpor- 3 tation services, that are altered, 4 amended, adjusted or otherwise changed by 5 a local social services district unless 6 previously approved by the department of 7 health and the director of the budget. 8 Notwithstanding any inconsistent provision 9 of law to the contrary, funds shall be 10 made available to the commissioner of the 11 office of mental health or the commission- 12 er of the office of addiction services and 13 supports, in consultation with the commis- 14 sioner of health and approved by the 15 director of the budget, and consistent 16 with appropriations made therefor, to 17 implement allocation adjustment developed 18 by each such commissioner which shall 19 describe mental health or substance use 20 disorder services that should be developed 21 to meet service needs resulting from the 22 reduction of inpatient behavioral health 23 services provided under the medicaid 24 program, by programs licensed pursuant to 25 article 31 or 32 of the mental hygiene 26 law. Such programs may include programs 27 that are licensed pursuant to both article 28 31 of the mental hygiene law and article 29 28 of the public health law, or certified 30 under both article 32 of the mental 31 hygiene law and article 28 of the public 32 health law. 33 Notwithstanding any inconsistent provision 34 of law, the moneys hereby appropriated may 35 be available for payments associated with 36 the resolution by settlement agreement or 37 judgment of rate appeals and/or litigation 38 where the department of health is a party. 39 For services and expenses of the medical 40 assistance program including hospital 41 inpatient services and general hospitals 42 that are safety-net providers that evince 43 severe financial distress, pursuant to 44 criteria determined by the commissioner, 45 shall be eligible for awards for amounts 46 appropriated herein, to enable such 47 providers to maintain operations and vital 48 services while establishing long term 49 solutions to achieve sustainable health 50 services. 51 Notwithstanding any inconsistent provisions 52 of law, no expenditures shall be used for 53 the medical assistance program for any 54 expenses not explicitly authorized in law 55 without the approval of the director of 56 the budget. 
 S. 7707 13 1 Notwithstanding any provision of law to the 2 contrary, the portion of this appropri- 3 ation covering fiscal year 2025-26 shall 4 supersede and replace any duplicative (i) 5 reappropriation for this item covering 6 fiscal year 2025-26, and (ii) appropri- 7 ation for this item covering fiscal year 8 2025-26 set forth in chapter 53 of the 9 laws of 2024 (26947) ........ [101,000,000] 121,200,000 10 For services and expenses of the medical 11 assistance program including hospital 12 outpatient and emergency room services. 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 (26948) ......... [26,080,000] 31,296,000 22 For services and expenses of the medical 23 assistance program including clinic 24 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 (26949) ......... [47,565,000] 57,078,000 34 For services and expenses of the medical 35 assistance program including nursing home 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 (26950) ........ [127,340,000] 152,808,000 46 For services and expenses of the medical 47 assistance program including other long 48 term care 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. 7707 14 1 2025-26 set forth in chapter 53 of the 2 laws of 2024 (26951) ........ [703,890,000] 774,279,000 3 For services and expenses of the medical 4 assistance program including managed care 5 services including regional planning 6 activities of the finger lakes health 7 systems agency, including statewide coor- 8 dination and demonstration of best prac- 9 tices. The department shall make grants 10 within amounts appropriated therefor, to 11 assure high-quality and accessible primary 12 care, to provide technical assistance to 13 support financial and business planning 14 for integrated systems of care, and to 15 assist primary care providers in the 16 adoption, implementation, and meaningful 17 use of electronic health record technolo- 18 gy. 19 Notwithstanding any provision of law to the 20 contrary, the portion of this appropri- 21 ation covering fiscal year 2025-26 shall 22 supersede and replace any duplicative (i) 23 reappropriation for this item covering 24 fiscal year 2025-26, and (ii) appropri- 25 ation for this item covering fiscal year 26 2025-26 set forth in chapter 53 of the 27 laws of 2024 (26952) ........ [434,308,000] 477,739,000 28 For services and expenses for health homes 29 including grants to health homes. 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 (29548) ......... [15,080,000] 18,096,000 39 For services and expenses of the medical 40 assistance program including pharmacy 41 services provided, however, that no funds 42 shall be made available pursuant to this 43 appropriation for any drug not explicitly 44 authorized in any enacted law, rule, or 45 regulation without approval from the 46 director of the budget. 47 Notwithstanding any provision of law to the 48 contrary, the portion of this appropri- 49 ation covering fiscal year 2025-26 shall 50 supersede and replace any duplicative (i) 51 reappropriation for this item covering 52 fiscal year 2025-26, and (ii) appropri- 53 ation for this item covering fiscal year 54 2025-26 set forth in chapter 53 of the 55 laws of 2024 (26953) ........ [242,380,000] 290,856,000 
 S. 7707 15 1 For services and expenses of the medical 2 assistance program including transporta- 3 tion 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 (26954) ......... [35,860,000] 43,032,000 13 For services and expenses of the medical 14 assistance program including dental 15 services. 16 Notwithstanding any provision of law to the 17 contrary, the portion of this appropri- 18 ation covering fiscal year 2025-26 shall 19 supersede and replace any duplicative (i) 20 reappropriation for this item covering 21 fiscal year 2025-26, and (ii) appropri- 22 ation for this item covering fiscal year 23 2025-26 set forth in chapter 53 of the 24 laws of 2024 (26955) ............ [410,000] 492,000 25 For services and expenses of the medical 26 assistance program including non-institu- 27 tional and other spending. 28 The money hereby appropriated is available 29 for payment of liabilities heretofore 30 accrued or hereafter accrued. 31 Notwithstanding any inconsistent provision 32 of law, the money hereby appropriated may 33 be available for payments to any county or 34 public school districts associated with 35 additional claims for school supportive 36 health 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 (26956) ......... [99,010,000] 118,812,000 46 For services and expenses of the medical 47 assistance program including medical 48 services provided at state facilities 49 operated by the office of mental health, 50 the office for people with developmental 51 disabilities and the office of addiction 52 services and supports. 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. 7707 16 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 (26961) ....................... 417,000,000 6 -------------- 7 Special Revenue Funds - Federal 8 Federal Health and Human Services Fund 9 Medicaid Direct Account - 25106 10 For services and expenses for the medical 11 assistance program, including administra- 12 tive expenses for local social services 13 districts, pursuant to title XIX of the 14 federal social security act or its succes- 15 sor program. 16 The moneys hereby appropriated are to be 17 available for payment of aid heretofore 18 accrued or hereafter accrued to munici- 19 palities, and to providers of medical 20 services pursuant to section 367-b of the 21 social services law, and for payment of 22 state aid to municipalities and to provid- 23 ers of family care where payment systems 24 through the fiscal intermediaries are not 25 operational. 26 Notwithstanding any inconsistent provision 27 of law, funding made available by these 28 appropriations shall support direct salary 29 costs and related fringe benefits within 30 the medical assistance program associated 31 with any minimum wage increase that takes 32 effect during the timeframe of these 33 appropriations, pursuant to section 652 of 34 the labor law. Each eligible organization 35 in receipt of funding made available by 36 these appropriations may be required to 37 submit written certification, in such form 38 and at such time the commissioner may 39 prescribe, attesting to the total amount 40 of funds used by the eligible organiza- 41 tion, how such funding will be or was used 42 for purposes eligible under these appro- 43 priations and any other reporting deemed 44 necessary by the commissioner. The amounts 45 appropriated herein may include advances 46 to organizations authorized to receive 47 such funds to accomplish this purpose. 48 Notwithstanding any other provision of law, 49 the money hereby appropriated may be 50 increased or decreased by interchange or 51 transfer, with any appropriation of the 52 department of health and the office of 53 medicaid inspector general and may be 54 increased or decreased by transfer or 
 S. 7707 17 1 suballocation between these appropriated 2 amounts and appropriations of the office 3 of mental health, office for people with 4 developmental disabilities, the office of 5 addiction services and supports, the 6 department of family assistance office of 7 temporary and disability assistance, 8 office of children and family services, 9 the department of financial services, 10 department of corrections and community 11 supervision, the office of information 12 technology services, the state university 13 of New York, the state education depart- 14 ment, and the state office for the aging 15 with the approval of the director of the 16 budget, who shall file such approval with 17 the department of audit and control and 18 copies thereof with the chairman of the 19 senate finance committee and the chairman 20 of the assembly ways and means committee. 21 Notwithstanding any inconsistent provision 22 of law, in lieu of payments authorized by 23 the social services law, or payments of 24 federal funds otherwise due to the local 25 social services districts for programs 26 provided under the federal social security 27 act or the federal food stamp act, funds 28 herein appropriated, in amounts certified 29 by the state commissioner of temporary and 30 disability assistance or the state commis- 31 sioner of health as due from local social 32 services districts each month as their 33 share of payments made pursuant to section 34 367-b of the social services law may be 35 set aside by the state comptroller in an 36 interest-bearing account in order to 37 ensure the orderly and prompt payment of 38 providers under section 367-b of the 39 social services law pursuant to an esti- 40 mate provided by the commissioner of 41 health of each local social services 42 district's share of payments made pursuant 43 to section 367-b of the social services 44 law. 45 Notwithstanding any inconsistent provision 46 of law to the contrary, funds shall be 47 made available to the commissioner of the 48 office of mental health or the commission- 49 er of the office of addiction services and 50 supports, in consultation with the commis- 51 sioner of health and approved by the 52 director of the budget, and consistent 53 with appropriations made therefor, to 54 implement allocation adjustment developed 55 by each such commissioner which shall 56 describe mental health or substance use 
 S. 7707 18 1 disorder services that should be developed 2 to meet service needs resulting from the 3 reduction of inpatient behavioral health 4 services provided under the medicaid 5 program, by programs licensed pursuant to 6 article 31 or 32 of the mental hygiene 7 law. Such programs may include programs 8 that are licensed pursuant to both article 9 31 of the mental hygiene law and article 10 28 of the public health law, or certified 11 under both article 32 of the mental 12 hygiene law and article 28 of the public 13 health law. 14 Notwithstanding any inconsistent provision 15 of law, the moneys hereby appropriated may 16 be available for payments associated with 17 the resolution by settlement agreement or 18 judgment of rate appeals and/or litigation 19 where the department of health is a party. 20 Notwithstanding any inconsistent 21 provisions of law, no expenditures shall 22 be used for the medical assistance program 23 for any expenses not explicitly authorized 24 in law without the approval of the direc- 25 tor of the budget. 26 For services and expenses of the medical 27 assistance program including hospital 28 inpatient services. 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 (26947) ....................... 289,070,000 38 For services and expenses of the medical 39 assistance program including hospital 40 outpatient and emergency room 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 (26948) ........................ 51,860,000 50 For services and expenses of the medical 51 assistance program including clinic 52 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. 7707 19 1 reappropriation for this item covering 2 fiscal year 2025-26, and (ii) appropri- 3 ation for this item covering fiscal year 4 2025-26 set forth in chapter 53 of the 5 laws of 2024 (26949) ........................ 84,835,000 6 For services and expenses of the medical 7 assistance program including nursing home 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 (26950) ....................... 396,795,000 18 For services and expenses of the medical 19 assistance program including other long 20 term care 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 (26951) ..................... 1,323,939,000 30 For services and expenses of the medical 31 assistance program including managed care 32 services including regional planning 33 activities of the finger lakes health 34 systems agency, including statewide coor- 35 dination and demonstration of best prac- 36 tices. The department shall make grants 37 within amounts appropriated therefor, to 38 assure high-quality and accessible primary 39 care, to provide technical assistance to 40 support financial and business planning 41 for integrated systems of care, and to 42 assist primary care providers in the 43 adoption, implementation, and meaningful 44 use of electronic health record technolo- 45 gy. 46 Notwithstanding any provision of law to the 47 contrary, the portion of this appropri- 48 ation covering fiscal year 2025-26 shall 49 supersede and replace any duplicative (i) 50 reappropriation for this item covering 51 fiscal year 2025-26, and (ii) appropri- 52 ation for this item covering fiscal year 53 2025-26 set forth in chapter 53 of the 54 laws of 2024 (26952) ..................... 1,508,290,000 55 For services and expenses of the medical 56 assistance program including pharmacy 
 S. 7707 20 1 services, provided, however, that no funds 2 shall be made available pursuant to this 3 appropriation for any drug not explicitly 4 authorized in any heretofore enacted law, 5 rule, or regulation without approval from 6 the director of the budget. 7 Notwithstanding any provision of law to the 8 contrary, the portion of this appropri- 9 ation covering fiscal year 2025-26 shall 10 supersede and replace any duplicative (i) 11 reappropriation for this item covering 12 fiscal year 2025-26, and (ii) appropri- 13 ation for this item covering fiscal year 14 2025-26 set forth in chapter 53 of the 15 laws of 2024 (26953) ....................... 463,080,000 16 For services and expenses of the medical 17 assistance program including transporta- 18 tion services. 19 Notwithstanding any provision of law to the 20 contrary, the portion of this appropri- 21 ation covering fiscal year 2025-26 shall 22 supersede and replace any duplicative (i) 23 reappropriation for this item covering 24 fiscal year 2025-26, and (ii) appropri- 25 ation for this item covering fiscal year 26 2025-26 set forth in chapter 53 of the 27 laws of 2024 (26954) ........................ 61,175,000 28 For services and expenses of the medical 29 assistance program including dental 30 services. 31 Notwithstanding any provision of law to the 32 contrary, the portion of this appropri- 33 ation covering fiscal year 2025-26 shall 34 supersede and replace any duplicative (i) 35 reappropriation for this item covering 36 fiscal year 2025-26, and (ii) appropri- 37 ation for this item covering fiscal year 38 2025-26 set forth in chapter 53 of the 39 laws of 2024 (26955) ......................... 7,110,000 40 For services and expenses of the medical 41 assistance program including noninstitu- 42 tional and other spending. 43 The money hereby appropriated is available 44 for payment of liabilities heretofore 45 accrued or hereafter accrued. 46 Notwithstanding any provision of law to the 47 contrary, the portion of this appropri- 48 ation covering fiscal year 2025-26 shall 49 supersede and replace any duplicative (i) 50 reappropriation for this item covering 51 fiscal year 2025-26, and (ii) appropri- 52 ation for this item covering fiscal year 53 2025-26 set forth in chapter 53 of the 54 laws of 2024 (26956) ....................... 688,155,000 55 For services and expenses of the medical 56 assistance program including medical 
 S. 7707 21 1 services provided at state facilities 2 operated by the office of mental health, 3 the office for people with developmental 4 disabilities and the office of addiction 5 services and supports. 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 (26961) ....................... 417,000,000 15 -------------- 16 § 6. Section 6 of chapter 113 of the laws of 2025, relating to making 17 appropriations for the support of government, as amended by chapter 124 18 of the laws of 2025, is amended to read as follows: 19 § 6. The amounts specified in this section, or so much thereof as 20 shall be sufficient to accomplish the purposes designated, is hereby 21 appropriated and authorized to be paid as hereinafter provided, to the 22 public officers and for the purposes specified, which amount shall be 23 available for the state fiscal year beginning April 1, 2025. 24 DEPARTMENT OF LABOR 25 AID TO LOCALITIES 26 UNEMPLOYMENT INSURANCE BENEFIT PROGRAM ..... [945,000,000] 975,000,000 27 -------------- 28 Enterprise Funds 29 Unemployment Insurance Benefit Fund 30 Unemployment Insurance Benefit Account - 50650 31 For payment of unemployment insurance bene- 32 fits pursuant to article 18 of the labor 33 law or as authorized by the federal 34 government through the disaster unemploy- 35 ment assistance program, the emergency 36 unemployment compensation program, the 37 extended benefit program, the federal 38 additional compensation program or any 39 other federally funded unemployment bene- 40 fit program (34787) ........ [945,000,000] 975,000,000 41 § 7. Section 11 of chapter 119 of the laws of 2025, relating to making 42 appropriations for the support of government, as amended by chapter 124 43 of the laws of 2025, is amended to read as follows: 44 § 11. The amounts specified in this section, or so much thereof as 45 shall be sufficient to accomplish the purposes designated, is hereby 46 appropriated and authorized to be paid as hereinafter provided, to the 47 public officers and for the purposes specified, which amount shall be 48 available for the state fiscal year beginning April 1, 2025. 
 S. 7707 22 1 DEPARTMENT OF MENTAL HYGIENE 2 OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES 3 AID TO LOCALITIES 4 COMMUNITY SERVICES PROGRAM ................. [421,525,000] 428,257,000 5 -------------- 6 General Fund 7 Local Assistance Account - 10000 8 For services and expenses of the community 9 services program, net of disallowances, 10 for community programs for people with 11 developmental disabilities pursuant to 12 article 41 of the mental hygiene law, 13 and/or chapter 620 of the laws of 1974, 14 chapter 660 of the laws of 1977, chapter 15 412 of the laws of 1981, chapter 27 of the 16 laws of 1987, chapter 729 of the laws of 17 1989, chapter 329 of the laws of 1993 and 18 other provisions of the mental hygiene 19 law. Notwithstanding any inconsistent 20 provision of law, the following appropri- 21 ation shall be net of prior and/or current 22 year refunds, rebates, reimbursements, and 23 credits. 24 Notwithstanding any other provision of law, 25 advances and reimbursement made pursuant 26 to subdivision (d) of section 41.15 and 27 section 41.18 of the mental hygiene law 28 shall be allocated pursuant to a plan and 29 in a manner prescribed by the agency head 30 and approved by the director of the budg- 31 et. The moneys hereby appropriated are 32 available to reimburse or advance locali- 33 ties and voluntary non-profit agencies for 34 expenditures made during local fiscal 35 periods commencing January 1, 2025, April 36 1, 2025 or July 1, 2025, and for advances 37 for the 3 month period beginning January 38 1, 2026. 39 Notwithstanding the provisions of article 41 40 of the mental hygiene law or any other 41 inconsistent provision of law, rule or 42 regulation, the commissioner, pursuant to 43 such contract and in the manner provided 44 therein, may pay all or a portion of the 45 expenses incurred by such voluntary agen- 46 cies arising out of loans which are funded 47 from the proceeds of bonds and notes 48 issued by the dormitory authority of the 49 state of New York. 50 Notwithstanding any other provision of law, 51 the money hereby appropriated may be 52 transferred to state operations and/or any 
 S. 7707 23 1 appropriation of the office for people 2 with developmental disabilities with the 3 approval of the director of the budget. 4 Notwithstanding any inconsistent provision 5 of law, moneys from this appropriation may 6 be used for state aid of up to 100 percent 7 of the net deficit costs of day training 8 programs and family support services. 9 Notwithstanding the provisions of section 10 16.23 of the mental hygiene law and any 11 other inconsistent provision of law, with 12 relation to the operation of certified 13 family care homes, including family care 14 homes sponsored by voluntary not-for-pro- 15 fit agencies, moneys from this appropri- 16 ation may be used for payments to purchase 17 general services including but not limited 18 to respite providers, up to a maximum of 19 14 days, at rates to be established by the 20 commissioner and approved by the director 21 of the budget in consideration of factors 22 including, but not limited to, geographic 23 area and number of clients cared for in 24 the home and for payment in an amount 25 determined by the commissioner for the 26 personal needs of each client residing in 27 the family care home. 28 Notwithstanding the provisions of subdivi- 29 sion 12 of section 8 of the state finance 30 law and any other inconsistent provision 31 of law, moneys from this appropriation may 32 be used for expenses of family care homes 33 including payments to operators of certi- 34 fied family care homes for damages caused 35 by clients to personal and real property 36 in accordance with standards established 37 by the commissioner and approved by the 38 director of the budget. 39 Notwithstanding any inconsistent provision 40 of law, moneys from this appropriation may 41 be used for appropriate day program 42 services and residential services includ- 43 ing, but not limited to, direct housing 44 subsidies to individuals, start-up 45 expenses for family care providers, envi- 46 ronmental modifications, adaptive technol- 47 ogies, appraisals, property options, 48 feasibility studies and preoperational 49 expenses. 50 Notwithstanding any inconsistent provision 51 of law except pursuant to a chapter of the 52 laws of 2024 authorizing a 2.84 percent 53 cost of living adjustment, for the period 54 commencing on April 1, 2024 and ending 55 March 31, 2025 the commissioner shall not 56 apply any other cost of living adjustment 
 S. 7707 24 1 for the purpose of establishing rates of 2 payments, contracts or any other form of 3 reimbursement; provided that this shall 4 not prevent the commissioner from applying 5 prior adjustments for the purpose of 6 establishing rates resulting from a rebas- 7 ing of base year costs. 8 Notwithstanding section 6908 of the educa- 9 tion law and any other provision of law, 10 rule or regulation to the contrary, direct 11 support staff in programs certified or 12 approved by the office for people with 13 developmental disabilities, including the 14 home and community based services waiver 15 programs that the office for people with 16 developmental disabilities is authorized 17 to administer with federal approval pursu- 18 ant to subdivision (c) of section 1915 of 19 the federal social security act, are 20 authorized to provide such tasks as OPWDD 21 may specify when performed under the 22 supervision, training and periodic 23 inspection of a registered professional 24 nurse and in accordance with an authorized 25 practitioner's ordered care. 26 Notwithstanding any other provision of law 27 to the contrary, and consistent with 28 section 33.07 of the mental hygiene law, 29 the directors of facilities licensed but 30 not operated by the office for people with 31 developmental disabilities who act as 32 federally-appointed representative payees 33 and who assume management responsibility 34 over the funds of a resident may continue 35 to use such funds for the cost of the 36 resident's care and treatment, consistent 37 with federal law and regulations. 38 Funds appropriated herein shall be available 39 in accordance with the following: 40 Notwithstanding any inconsistent provision 41 of law, the director of the budget is 42 authorized to make suballocations from 43 this appropriation to the department of 44 health medical assistance program. 45 Notwithstanding any inconsistent provision 46 of law, and pursuant to criteria estab- 47 lished by the commissioner of the office 48 for people with developmental disabilities 49 and approved by the director of the budg- 50 et, expenditures may be made from this 51 appropriation for residential facilities 52 which are pending recertification as 53 intermediate care facilities for people 54 with developmental disabilities. 55 Notwithstanding the provisions of section 56 41.36 of the mental hygiene law and any 
 S. 7707 25 1 other inconsistent provision of law, 2 moneys from this appropriation may be used 3 for payment up to $250 per year per 4 client, at such times and in such manner 5 as determined by the commissioner on the 6 basis of financial need for the personal 7 needs of each client residing in voluntar- 8 y-operated community residences and volun- 9 tary-operated community residential alter- 10 natives, including individualized 11 residential alternatives under the home 12 and community based services waiver. The 13 commissioner shall, subject to the 14 approval of the director of the budget, 15 alter existing advance payment schedules 16 for voluntary-operated community resi- 17 dences established pursuant to section 18 41.36 of the mental hygiene law. 19 Notwithstanding any inconsistent provision 20 of law, moneys from this appropriation may 21 be used for the operation of clinics 22 licensed pursuant to article 16 of the 23 mental hygiene law including, but not 24 limited to, supportive and habilitative 25 services consistent with the home and 26 community based services waiver. 27 For the state share of medical assistance 28 services expenses incurred by the depart- 29 ment of health for the provision of 30 medical assistance services to people with 31 developmental disabilities (37835) ......... 369,352,000 32 For services and expenses of the community 33 services program, net of disallowances, 34 for community programs for people with 35 developmental disabilities pursuant to 36 article 41 of the mental hygiene law, 37 and/or chapter 620 of the laws of 1974, 38 chapter 660 of the laws of 1977, chapter 39 412 of the laws of 1981, chapter 27 of the 40 laws of 1987, chapter 729 of the laws of 41 1989, chapter 329 of the laws of 1993 and 42 other provisions of the mental hygiene 43 law. Notwithstanding any inconsistent 44 provision of law, the following appropri- 45 ation shall be net of prior and/or current 46 year refunds, rebates, reimbursements, and 47 credits. 48 Notwithstanding any other provision of law, 49 advances and reimbursement made pursuant 50 to subdivision (d) of section 41.15 and 51 section 41.18 of the mental hygiene law 52 shall be allocated pursuant to a plan and 53 in a manner prescribed by the agency head 54 and approved by the director of the budg- 55 et. The moneys hereby appropriated are 56 available to reimburse or advance locali- 
 S. 7707 26 1 ties and voluntary non-profit agencies for 2 expenditures made during local fiscal 3 periods commencing January 1, 2025, April 4 1, 2025 or July 1, 2025, and for advances 5 for the 3 month period beginning January 6 1, 2026. 7 Notwithstanding the provisions of article 41 8 of the mental hygiene law or any other 9 inconsistent provision of law, rule or 10 regulation, the commissioner, pursuant to 11 such contract and in the manner provided 12 therein, may pay all or a portion of the 13 expenses incurred by such voluntary agen- 14 cies arising out of loans which are funded 15 from the proceeds of bonds and notes 16 issued by the dormitory authority of the 17 state of New York. 18 Notwithstanding any other provision of law, 19 the money hereby appropriated may be 20 transferred to state operations and/or any 21 appropriation of the office for people 22 with developmental disabilities with the 23 approval of the director of the budget. 24 Notwithstanding any inconsistent provision 25 of law, moneys from this appropriation may 26 be used for state aid of up to 100 percent 27 of the net deficit costs of day training 28 programs and family support services. 29 Notwithstanding the provisions of section 30 16.23 of the mental hygiene law and any 31 other inconsistent provision of law, with 32 relation to the operation of certified 33 family care homes, including family care 34 homes sponsored by voluntary not-for-pro- 35 fit agencies, moneys from this appropri- 36 ation may be used for payments to purchase 37 general services including but not limited 38 to respite providers, up to a maximum of 39 14 days, at rates to be established by the 40 commissioner and approved by the director 41 of the budget in consideration of factors 42 including, but not limited to, geographic 43 area and number of clients cared for in 44 the home and for payment in an amount 45 determined by the commissioner for the 46 personal needs of each client residing in 47 the family care home. 48 Notwithstanding the provisions of subdivi- 49 sion 12 of section 8 of the state finance 50 law and any other inconsistent provision 51 of law, moneys from this appropriation may 52 be used for expenses of family care homes 53 including payments to operators of certi- 54 fied family care homes for damages caused 55 by clients to personal and real property 56 in accordance with standards established 
 S. 7707 27 1 by the commissioner and approved by the 2 director of the budget. 3 Notwithstanding any inconsistent provision 4 of law, moneys from this appropriation may 5 be used for appropriate day program 6 services and residential services includ- 7 ing, but not limited to, direct housing 8 subsidies to individuals, start-up 9 expenses for family care providers, envi- 10 ronmental modifications, adaptive technol- 11 ogies, appraisals, property options, 12 feasibility studies and preoperational 13 expenses. 14 Notwithstanding any inconsistent provision 15 of law except pursuant to a chapter of the 16 laws of 2024 authorizing a 2.84 percent 17 cost of living adjustment, for the period 18 commencing on April 1, 2024 and ending 19 March 31, 2025 the commissioner shall not 20 apply any other cost of living adjustment 21 for the purpose of establishing rates of 22 payments, contracts or any other form of 23 reimbursement; provided that this shall 24 not prevent the commissioner from applying 25 prior adjustments for the purpose of 26 establishing rates resulting from a rebas- 27 ing of base year costs. 28 Notwithstanding section 6908 of the educa- 29 tion law and any other provision of law, 30 rule or regulation to the contrary, direct 31 support staff in programs certified or 32 approved by the office for people with 33 developmental disabilities, including the 34 home and community based services waiver 35 programs that the office for people with 36 developmental disabilities is authorized 37 to administer with federal approval pursu- 38 ant to subdivision (c) of section 1915 of 39 the federal social security act, are 40 authorized to provide such tasks as OPWDD 41 may specify when performed under the 42 supervision, training and periodic 43 inspection of a registered professional 44 nurse and in accordance with an authorized 45 practitioner's ordered care. 46 Notwithstanding any other provision of law 47 to the contrary, and consistent with 48 section 33.07 of the mental hygiene law, 49 the directors of facilities licensed but 50 not operated by the office for people with 51 developmental disabilities who act as 52 federally-appointed representative payees 53 and who assume management responsibility 54 over the funds of a resident may continue 55 to use such funds for the cost of the 
 S. 7707 28 1 resident's care and treatment, consistent 2 with federal law and regulations. 3 Funds appropriated herein shall be available 4 in accordance with the following: 5 Notwithstanding any other provision of law 6 to the contrary, funds appropriated herein 7 are available to reimburse in- and out-of- 8 state private residential schools, pursu- 9 ant to subdivision (c) of section 13.37-a 10 and subdivision (g) of section 13.38 of 11 the mental hygiene law, for costs of 12 supporting the residential and day program 13 services available to individuals who are 14 over the age of 21 years of age, provided 15 that the amount paid for residential 16 services and/or maintenance costs is net 17 of any supplemental security income bene- 18 fit to which the individual receiving 19 services is eligible, and provided further 20 that funding for nonresidential services 21 will be in an amount not to exceed the 22 maximum reimbursement for appropriate day 23 services delivered by the office for 24 people with developmental disabilities 25 certified or approved providers other than 26 in- and out-of-state private residential 27 schools, unless otherwise authorized by 28 the director of the budget. 29 Notwithstanding section 163 of the state 30 finance law, section 142 of the economic 31 development law, and article 41 of the 32 mental hygiene law, the commissioner of 33 the office for people with developmental 34 disabilities may make the funds appropri- 35 ated herein available as state aid, a loan 36 or a grant, pursuant to terms and condi- 37 tions established by the commissioner of 38 the office for people with developmental 39 disabilities, to cover a portion of the 40 development costs of private, public 41 and/or non-profit organizations, including 42 corporations and partnerships established 43 pursuant to the private housing finance 44 law and/or any other statutory provisions, 45 for supportive housing units that have 46 been set aside for individuals with intel- 47 lectual and developmental disabilities. 48 Further, the office for people with develop- 49 mental disabilities shall have a lien on 50 the real property developed with such 51 state aid, loans or grants, which shall be 52 in the amount of the loan or grant, for a 53 maximum term of 30 years, or other longer 54 term consistent with the requirements of 55 another regulatory agency. 
 S. 7707 29 1 For services and expenses related to the 2 provision of residential services to 3 people with developmental disabilities 4 (37802) ..................... [30,287,000] 34,195,000 5 For services and expenses related to the 6 provision of day program services to 7 people with developmental disabilities 8 (37803) ...................... [7,440,000] 8,400,000 9 For services and expenses related to the 10 provision of family support services to 11 people with developmental disabilities 12 (37804) ...................... [8,370,000] 9,450,000 13 For services and expenses related to the 14 provision of workshop, day training and 15 employment services to people with devel- 16 opmental disabilities. Notwithstanding any 17 other provision of law, up to $800,000 of 18 this appropriation may be transferred to 19 the New York State Education Departments' 20 Adult Career and Continuing Education 21 Services - Vocational Rehabilitation 22 (ACCES-VR) program to support the Long- 23 Term Sheltered Employment program operated 24 by FEDCAP Rehabilitation Services, Inc. 25 (37805) ...................... [4,836,000] 5,460,000 26 For other services and expenses provided to 27 people with developmental disabilities 28 including but not limited to hepatitis B, 29 care at home waiver, epilepsy services, 30 Special Olympics New York, Inc. and volun- 31 tary fingerprinting (37806) .. [1,240,000] 1,400,000 32 -------------- 33 § 8. Section 8 of chapter 113 of the laws of 2025, relating to making 34 appropriations for the support of government, as amended by chapter 124 35 of the laws of 2025, is amended to read as follows: 36 § 8. The amounts specified in this section, or so much thereof as 37 shall be sufficient to accomplish the purposes designated, is hereby 38 appropriated and authorized to be paid as hereinafter provided, to the 39 public officers and for the purposes specified, which amount shall be 40 available for the state fiscal year beginning April 1, 2025. 41 DEPARTMENT OF VETERANS' SERVICES 42 AID TO LOCALITIES 43 BLIND VETERAN ANNUITY ASSISTANCE PROGRAM ....................... 385,000 44 -------------- 45 General Fund 46 Local Assistance Account - 10000 47 For payment of annuities to blind veterans 48 and eligible surviving spouses. Up to 49 $15,000 of this appropriation may be 50 transferred to state operations for admin- 
 S. 7707 30 1 istrative costs associated with this 2 program (54606) ................................ 385,000 3 VETERANS' BENEFITS ADVISING PROGRAM ............. [434,000] 490,000 4 -------------- 5 Special Revenue Funds - Other 6 Homeless Veterans Assistance Fund 7 Homeless Veterans Assistance Account - 20204 8 For services and expenses related to home- 9 less veterans' housing (54815) .. [434,000] 490,000 10 § 9. No expenditure may be made from any appropriation in this act, 11 until a certificate of approval has been issued by the director of the 12 budget and a copy of such certificate shall have been filed with the 13 state comptroller, the chairman of the senate finance committee and the 14 chairman of the assembly ways and means committee provided, however, 15 that any expenditures from any appropriation in this act made by the 16 legislature or judiciary shall not require such certificate. 17 § 10. All expenditures and disbursements made against the appropri- 18 ations in this act shall, upon final action by the legislature on appro- 19 priation bills submitted by the governor pursuant to article VII of the 20 state constitution for the support of government for the state fiscal 21 year beginning April 1, 2025, be transferred by the comptroller as 22 expenditures and disbursements to such appropriations for all state 23 departments and agencies, as applicable, in amounts equal to the amounts 24 charged against the appropriations in this act for each such department, 25 agency, and the legislature and the judiciary. 26 § 11. Severability clause. If any clause, sentence, paragraph, subdi- 27 vision, section or part of this act shall be adjudged by any court of 28 competent jurisdiction to be invalid, such judgment shall not affect, 29 impair, or invalidate the remainder thereof, but shall be confined in 30 its operation to the clause, sentence, paragraph, subdivision, section 31 or part thereof directly involved in the controversy in which such judg- 32 ment shall have been rendered. It is hereby declared to be the intent of 33 the legislature that this act would have been enacted even if such 34 invalid provisions had not been included herein. 35 § 12. This act shall take effect immediately and shall be deemed to 36 have been in full force and effect on and after April 1, 2025; provided, 37 however, that upon the transfer of expenditures and disbursements by the 38 comptroller as provided in section ten of this act, the appropriations 39 made by this act and subject to such section shall be deemed repealed.