S 7766: Provides for emergency appropriation through May 7, 2025 for the support of government.

  
  STATE OF NEW YORK ________________________________________________________________________ 7766 2025-2026 Regular Sessions  IN SENATE May 6, 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 3 of chapter 113 of the laws of 2025, relating to making 9 appropriations for the support of government, as amended by chapter 125 10 of the laws of 2025, is amended to read as follows: 11 § 3. The amount specified in this section, or so much thereof as shall 12 be sufficient to accomplish the purpose designated, is hereby appropri- 13 ated and authorized to be paid as hereinafter provided, to the public 14 officers and for the purpose specified, which amount shall be available 15 for the state fiscal year beginning April 1, 2025. 16 ALL STATE DEPARTMENTS AND AGENCIES EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12012-01-5 
 S. 7766 2 1 For the payment of state operations non 2 personal service liabilities to the execu- 3 tive branch, including the comptroller, 4 and the attorney general, and legislature, 5 incurred in the ordinary course of busi- 6 ness, during the period April 1 through 7 May [6] 7, 2025, pursuant to existing 8 state law and for purposes for which the 9 legislature authorized the expenditure of 10 moneys during the 2024-2025 state fiscal 11 year; provided, however, that nothing 12 contained herein shall be deemed to limit 13 or restrict the power or authority of 14 state departments or agencies to conduct 15 their activities or operations in accord- 16 ance with existing law, and further 17 provided that nothing contained herein 18 shall be deemed to supersede, nullify or 19 modify the provisions of section 40 of the 20 state finance law prescribing when appro- 21 priations made for the 2024-2025 state 22 fiscal year shall have ceased to have 23 force and effect ............................ 34,000,000 24 -------------- 25 § 3. Section 4 of chapter 113 of the laws of 2025, relating to making 26 appropriations for the support of government, as amended by chapter 124 27 of the laws of 2025, is amended to read as follows: 28 § 4. The amounts specified in this section, or so much thereof as 29 shall be sufficient to accomplish the purposes designated, is hereby 30 appropriated and authorized to be paid as hereinafter provided, to the 31 public officers and for the purposes specified, which amount shall be 32 available for the state fiscal year beginning April 1, 2025. 33 MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES 34 GENERAL STATE CHARGES 35 STATE OPERATIONS 36 GENERAL STATE CHARGES ....................... [595,945,000] 629,945,000 37 -------------- 38 General Fund 39 State Purposes Account - 10050 40 For employee fringe benefits according to 41 the following project schedule including 42 those benefits which are related to 43 employees paid from funds, accounts, or 44 programs where the division of the budget 45 has issued waivers .......... [588,125,000] 622,125,000 46 Project Schedule 47 PROJECT AMOUNT 48 -------------------------------------------- 
 S. 7766 3 1 For the state's contribution 2 to the health insurance fund 3 and deposit into the retiree 4 health benefit trust fund 5 pursuant to section 99-aa of 6 the state finance law. The 7 state's share of the health 8 insurance program dividends 9 shall be available to pay 10 for the premiums in 2025-26 .. 422,000,000 11 For the state's contribution 12 to the social security 13 contribution fund .......... 14 ............... [119,450,000] 153,450,000 15 For the state's contribution 16 to employee benefit fund 17 programs ...................... 37,500,000 18 For the state's contribution 19 to the dental insurance plan ... 6,000,000 20 For the state's share of 21 contributions to the volun- 22 tary defined contribution 23 plan made on behalf of 24 eligible employees pursuant 25 to chapter 18 of the laws of 26 2012 who elect to partic- 27 ipate in such plan and who 28 are not otherwise eligible 29 to participate in the SUNY 30 optional retirement program ..... 558,000 31 For the payment of the metro- 32 politan commuter transporta- 33 tion mobility tax pursuant 34 to article 23 of the tax 35 law, as added by chapter 25 36 of the laws of 2009, on 37 behalf of the state employ- 38 ees employed in the metro- 39 politan commuter transporta- 40 tion district .................. 2,600,000 41 For the state's contribution 42 to the vision care plan ........... 17,000 43 -------------- 44 Project schedule total ... 45 ........... [588,125,000] 622,125,000 46 -------------- 47 For payments in accordance with section 19-a 48 of the public lands law (80567) .............. 7,720,000 49 For payment of claims for damage to personal 50 or real property or for bodily injuries or 51 wrongful death caused by officers, employ- 52 ees, or other authorized persons providing 53 service to state government while provid- 54 ing such service, and the state university 55 construction fund while acting within the 
 S. 7766 4 1 scope of their employment, and while oper- 2 ating motor vehicles, and for any individ- 3 uals operating motor vehicles which are 4 assigned on a permanent basis with unre- 5 stricted use to state officers and employ- 6 ees when the person is permanently 7 assigned the motor vehicle (80559) ............. 100,000 8 -------------- 9 § 4. Section 5 of chapter 118 of the laws of 2025, relating to making 10 appropriations for the support of government, as amended by chapter 125 11 of the laws of 2025, is amended to read as follows: 12 § 5. The amounts specified in this section, or so much thereof as 13 shall be sufficient to accomplish the purposes designated, is hereby 14 appropriated and authorized to be paid as hereinafter provided, to the 15 public officers and for the purposes specified, which amount shall be 16 available for the state fiscal year beginning April 1, 2025. 17 JUDICIARY 18 For the purpose of making payments for 19 personal service, including liabilities 20 incurred prior to April 1, 2025, on the 21 payrolls scheduled to be paid during the 22 period April 1 through May 7, 2025 to 23 officers and employees of the judiciary .... 265,000,000 24 For the payment of state operations nonper- 25 sonal service liabilities, the sum of 26 twenty-five million dollars ($25,000,000), 27 or so much thereof as shall be sufficient 28 to accomplish the purpose designated, is 29 hereby appropriated to the judiciary out 30 of any moneys in the general fund or other 31 funds to the credit of the state purposes 32 account not otherwise appropriated. The 33 comptroller is hereby authorized and 34 directed to utilize this appropriation for 35 the purpose of making payments for nonper- 36 sonal service liabilities incurred by the 37 judiciary from April 1 through May [6] 7, 38 2025 ........................................ 25,000,000 39 For the payment of aid to localities liabil- 40 ities, the sum of thirty million dollars 41 ($30,000,000), or so much thereof as shall 42 be sufficient to accomplish the purpose 43 designated, is hereby appropriated to the 44 judiciary out of any moneys in the general 45 fund or other funds to the credit of the 46 state purposes account not otherwise 47 appropriated. The comptroller is hereby 48 authorized and directed to utilize this 49 appropriation for the purpose of making 50 payments for aid to localities liabilities 51 incurred by the judiciary from April 1 52 through May [6] 7, 2025 ..................... 30,000,000 
 S. 7766 5 1 For the payment of employee fringe benefit 2 programs including, but not limited to, 3 the judiciary's contributions to the 4 health insurance fund, the employees' 5 retirement system pension accumulation 6 fund, the social security contribution 7 fund, employee benefit fund programs, the 8 dental insurance plan, the vision care 9 plan, the unemployment insurance fund, and 10 for workers' compensation benefits, the 11 sum of three hundred million dollars 12 ($300,000,000), or so much thereof as 13 shall be sufficient to accomplish the 14 purpose designated, is hereby appropriated 15 to the judiciary out of any moneys in the 16 general fund or other funds to the credit 17 of the state purposes account not other- 18 wise appropriated. The comptroller is 19 hereby authorized and directed to utilize 20 this appropriation for the purpose of 21 making payments for employee fringe bene- 22 fit liabilities incurred by the judiciary 23 from April 1 through May [6] 7, 2025 ....... 300,000,000 24 -------------- 25 § 5. Section 5 of chapter 113 of the laws of 2025, relating to making 26 appropriations for the support of government, as amended by chapter 125 27 of the laws of 2025, is amended to read as follows: 28 § 5. The amounts specified in this section, or so much thereof as 29 shall be sufficient to accomplish the purposes designated, is hereby 30 appropriated and authorized to be paid as hereinafter provided, to the 31 public officers and for the purposes specified, which amount shall be 32 available for the state fiscal year beginning April 1, 2025. 33 DEPARTMENT OF HEALTH 34 AID TO LOCALITIES 35 CENTER FOR COMMUNITY HEALTH PROGRAM ......... [44,450,000] 47,660,000 36 -------------- 37 General Fund 38 Local Assistance Account - 10000 39 For services and expenses related to the 40 Indian health program. The money hereby 41 appropriated shall be for payment of 42 financial assistance heretofore accrued or 43 hereafter to accrue (26840) .................. 7,000,000 44 -------------- 45 Special Revenue Funds - Federal 46 Federal USDA-Food and Nutrition Services Fund 47 Federal Food and Nutrition Services Account - 25022 
 S. 7766 6 1 For various federal food and nutritional 2 services. The moneys hereby appropriated 3 shall be available for payment of finan- 4 cial assistance heretofore accrued (26986) 5 ............................. [37,450,000] 40,660,000 6 -------------- 7 CHILD HEALTH INSURANCE PROGRAM ............................. 109,366,000 8 -------------- 9 Special Revenue Funds - Other 10 HCRA Resources Fund 11 Children's Health Insurance Account - 20810 12 The money hereby appropriated is available 13 for payment of aid heretofore accrued or 14 hereafter accrued. 15 Notwithstanding any other provision of law, 16 the money hereby appropriated may be 17 increased or decreased by transfer or 18 suballocation to appropriations of the 19 office of temporary and disability assist- 20 ance, for the reimbursement of local 21 district administrative costs related to 22 children newly enrolled in medicaid whose 23 household income is between 100 percent 24 and 133 percent of the federal poverty 25 level. 26 Notwithstanding any provision of law to the 27 contrary, the amounts appropriated herein 28 shall be net of refunds, rebates, 29 reimbursements, credits, repayments, 30 and/or disallowances. 31 For services and expenses related to the 32 children's health insurance program 33 authorized pursuant to title 1-A of arti- 34 cle 25 of the public health law (26931) .... 109,366,000 35 -------------- 36 ELDERLY PHARMACEUTICAL INSURANCE COVERAGE PROGRAM ............ 1,520,000 37 -------------- 38 Special Revenue Funds - Other 39 HCRA Resources Fund 40 EPIC Premium Account - 20818 41 For services and expenses of the program for 42 elderly pharmaceutical insurance coverage, 43 including reimbursement to pharmacies 44 participating in such program. 45 The moneys hereby appropriated shall be 46 available for payment of financial assist- 47 ance heretofore accrued (26803) .............. 1,520,000 
 S. 7766 7 1 MEDICAL ASSISTANCE PROGRAM ............... [7,793,997,000] 8,652,436,000 2 -------------- 3 General Fund 4 Local Assistance Account - 10000 5 For the medical assistance program, includ- 6 ing administrative expenses, for local 7 social services districts, and for medical 8 care rates for authorized child care agen- 9 cies. 10 Notwithstanding section 40 of the state 11 finance law or any provision of law to the 12 contrary, subject to federal approval, 13 department of health state funds medicaid 14 spending, excluding payments for 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 and further exclud- 20 ing any payments which are not appropri- 21 ated within the department of health, in 22 the aggregate, for the period April 1, 23 2025 through March 31, 2026, shall not 24 exceed $33,417,285,000 except as provided 25 below provided, however, such aggregate 26 limits may be adjusted by the director of 27 the budget to account for any changes in 28 the New York state federal medical assist- 29 ance percentage amount established pursu- 30 ant to the federal social security act, 31 increases in provider revenues, reductions 32 in local social services district payments 33 for medical assistance administration, 34 minimum wage increases, and beginning 35 April 1, 2012 the operational costs of the 36 New York state medical indemnity fund, 37 pursuant to chapter 59 of the laws of 38 2011, and state costs or savings from the 39 essential plan program. Such projections 40 may be adjusted by the director of the 41 budget to account for increased or expe- 42 dited department of health state funds 43 medicaid expenditures as a result of a 44 natural or other type of disaster, includ- 45 ing a governmental declaration of emergen- 46 cy. 47 The director of the budget, in consultation 48 with the commissioner of health, shall 49 assess on a quarterly basis known and 50 projected medicaid expenditures by catego- 51 ry of service and by geographic region, as 52 defined by the commissioner, incurred both 53 prior to and subsequent to such assessment 54 for each such period, and if the director 
 S. 7766 8 1 of the budget determines that such expend- 2 itures are expected to cause medicaid 3 spending for such period to exceed the 4 aggregate limit specified herein for such 5 period, the state medicaid director, in 6 consultation with the director of the 7 budget and the commissioner of health, 8 shall develop a medicaid savings allo- 9 cation adjustment to limit such spending 10 to the aggregate limit specified herein 11 for such period. 12 Such medicaid savings allocation adjustment 13 shall be designed, to reduce the expendi- 14 tures authorized by the appropriations 15 herein in compliance with the following 16 guidelines: (1) reductions shall be made 17 in compliance with applicable federal law, 18 including the provisions of the Patient 19 Protection and Affordable Care Act, Public 20 Law No. 111-148, and the Health Care and 21 Education Reconciliation Act of 2010, 22 Public Law No. 111-152 (collectively 23 "Affordable Care Act") and any subsequent 24 amendments thereto or regulations promul- 25 gated thereunder; (2) reductions shall be 26 made in a manner that complies with the 27 state medicaid plan approved by the feder- 28 al centers for medicare and medicaid 29 services, provided, however, that the 30 commissioner of health is authorized to 31 submit any state plan amendment or seek 32 other federal approval, including waiver 33 authority, to implement the provisions of 34 the medicaid savings allocation adjustment 35 that meets the other criteria set forth 36 herein; (3) reductions shall be made in a 37 manner that maximizes federal financial 38 participation, to the extent practicable, 39 including any federal financial partic- 40 ipation that is available or is reasonably 41 expected to become available, in the 42 discretion of the commissioner, under the 43 Affordable Care Act; (4) reductions shall 44 be made uniformly among categories of 45 services and geographic regions of the 46 state, to the extent practicable, and 47 shall be made uniformly within a category 48 of service, to the extent practicable, 49 except where the commissioner determines 50 that there are sufficient grounds for 51 non-uniformity, including but not limited 52 to: the extent to which specific catego- 53 ries of services contributed to department 54 of health medicaid state funds spending in 55 excess of the limits specified herein; the 56 need to maintain safety net services in 
 S. 7766 9 1 underserved communities; or the potential 2 benefits of pursuing innovative payment 3 models contemplated by the Affordable Care 4 Act, in which case such grounds shall be 5 set forth in the medicaid savings allo- 6 cation adjustment; and (5) reductions 7 shall be made in a manner that does not 8 unnecessarily create administrative 9 burdens to medicaid applicants and recipi- 10 ents or providers. 11 The commissioner shall seek the input of the 12 legislature, as well as organizations 13 representing health care providers, 14 consumers, businesses, workers, health 15 insurers, and others with relevant exper- 16 tise, in developing such medicaid savings 17 allocation adjustment, to the extent that 18 all or part of such adjustment, in the 19 discretion of the commissioner, is likely 20 to have a material impact on the overall 21 medicaid program, particular categories of 22 service or particular geographic regions 23 of the state. 24 (a) The commissioner shall post the medicaid 25 savings allocation adjustment on the 26 department of health's website and shall 27 provide written copies of such adjustment 28 to the chairs of the senate finance and 29 the assembly ways and means committees at 30 least 30 days before the date on which 31 implementation is expected to begin. 32 (b) The commissioner may revise the medicaid 33 savings allocation adjustment subsequent 34 to the provisions of notice and prior to 35 implementation but needs to provide a new 36 notice pursuant to subparagraph (i) of 37 this paragraph only if the commissioner 38 determines, in his or her discretion, that 39 such revisions materially alter the 40 adjustment. 41 Notwithstanding the provisions of paragraphs 42 (a) and (b) of this subdivision, the 43 commissioner need not seek the input 44 described in paragraph (a) of this subdi- 45 vision or provide notice pursuant to para- 46 graph (b) of this subdivision if, in the 47 discretion of the commissioner, expedited 48 development and implementation of a medi- 49 caid savings allocation adjustment is 50 necessary due to a public health emergen- 51 cy. 52 For purposes of this section, a public 53 health emergency is defined as: (i) a 54 disaster, natural or otherwise, that 55 significantly increases the immediate need 56 for health care personnel in an area of 
 S. 7766 10 1 the state; (ii) an event or condition that 2 creates a widespread risk of exposure to a 3 serious communicable disease, or the 4 potential for such widespread risk of 5 exposure; or (iii) any other event or 6 condition determined by the commissioner 7 to constitute an imminent threat to public 8 health. 9 Nothing in this paragraph shall be deemed to 10 prevent all or part of such medicaid 11 savings allocation adjustment from taking 12 effect retroactively to the extent permit- 13 ted by the federal centers for medicare 14 and medicaid services. 15 In accordance with the medicaid savings 16 allocation adjustment, the commissioner of 17 the department of health shall reduce 18 department of health state funds medicaid 19 spending by the amount of the projected 20 overspending through, actions including, 21 but not limited to modifying or suspending 22 reimbursement methods, including but not 23 limited to all fees, premium levels and 24 rates of payment, notwithstanding any 25 provision of law that sets a specific 26 amount or methodology for any such 27 payments or rates of payment; modifying or 28 discontinuing medicaid program benefits; 29 seeking all necessary federal approvals, 30 including, but not limited to waivers, 31 waiver amendments; and suspending time 32 frames for notice, approval or certif- 33 ication of rate requirements, notwith- 34 standing any provision of law, rule or 35 regulation to the contrary, including but 36 not limited to sections 2807 and 3614 of 37 the public health law, section 18 of chap- 38 ter 2 of the laws of 1988, and 18 NYCRR 39 505.14(h). 40 The department of health shall prepare a 41 quarterly report that sets forth: (a) 42 known and projected department of health 43 medicaid expenditures as described in 44 subdivision (1) of this section, and 45 factors that could result in medicaid 46 disbursements for the relevant state 47 fiscal year to exceed the projected 48 department of health state funds disburse- 49 ments in the enacted budget financial plan 50 pursuant to subdivision 3 of section 23 of 51 the state finance law, including spending 52 increases or decreases due to: enrollment 53 fluctuations, rate changes, utilization 54 changes, MRT investments, and shift of 55 beneficiaries to managed care; and vari- 56 ations in offline medicaid payments; and 
 S. 7766 11 1 (b) the actions taken to implement any 2 medicaid savings allocation adjustment 3 implemented pursuant to subdivision (4) of 4 this section, including information 5 concerning the impact of such actions on 6 each category of service and each 7 geographic region of the state. Each such 8 quarterly report shall be provided to the 9 chairs of the senate finance and the 10 assembly ways and means committees and 11 shall be posted on the department of 12 health's website in a timely manner. 13 The money hereby appropriated is to be 14 available for payment of aid heretofore 15 accrued or hereafter accrued to munici- 16 palities, and to providers of medical 17 services pursuant to section 367-b of the 18 social services law, and for payment of 19 state aid to municipalities and to provid- 20 ers of family care where payment systems 21 through the fiscal intermediaries are not 22 operational. 23 Notwithstanding any inconsistent provision 24 of law to the contrary, funds may be used 25 by the department for outside legal 26 assistance on issues involving the federal 27 government, the conduct of preadmission 28 screening and annual resident reviews 29 required by the state's medicaid program, 30 computer matching with insurance carriers 31 to insure that medicaid is the payer of 32 last resort and activities related to the 33 management of the pharmacy benefit avail- 34 able under the medicaid program. 35 Notwithstanding any inconsistent provision 36 of law, in lieu of payments authorized by 37 the social services law, or payments of 38 federal funds otherwise due to the local 39 social services districts for programs 40 provided under the federal social security 41 act or the federal food stamp act, funds 42 herein appropriated, in amounts certified 43 by the state commissioner of temporary and 44 disability assistance or the state commis- 45 sioner of health as due from local social 46 services districts each month as their 47 share of payments made pursuant to section 48 367-b of the social services law may be 49 set aside by the state comptroller in an 50 interest-bearing account in order to 51 ensure the orderly and prompt payment of 52 providers under section 367-b of the 53 social services law pursuant to an esti- 54 mate provided by the commissioner of 55 health of each local social services 56 district's share of payments made pursuant 
 S. 7766 12 1 to section 367-b of the social services 2 law. 3 Notwithstanding any inconsistent provision 4 of law, funding made available by these 5 appropriations shall support direct salary 6 costs and related fringe benefits within 7 the medical assistance program associated 8 with any minimum wage increase that takes 9 effect during the timeframe of these 10 appropriations, pursuant to section 652 of 11 the labor law. Each eligible organization 12 in receipt of funding made available by 13 these appropriations may be required to 14 submit written certification, in such form 15 and at such time the commissioner may 16 prescribe, attesting to the total amount 17 of funds used by the eligible organiza- 18 tion, how such funding will be or was used 19 for purposes eligible under these appro- 20 priations and any other reporting deemed 21 necessary by the commissioner. The amounts 22 appropriated herein may include advances 23 to organizations authorized to receive 24 such funds to accomplish this purpose. 25 Notwithstanding any other provision of law, 26 the money hereby appropriated may be 27 increased or decreased by interchange or 28 transfer, with any appropriation of the 29 department of health and the office of 30 medicaid inspector general and may be 31 increased or decreased by transfer or 32 suballocation between these appropriated 33 amounts and appropriations of the depart- 34 ment of health state purpose account, the 35 office of mental health, office for people 36 with developmental disabilities, the 37 office of addiction services and supports, 38 the department of family assistance office 39 of temporary and disability assistance, 40 the department of corrections and communi- 41 ty supervision, the office of information 42 technology services, the state university 43 of New York, and office of children and 44 family services, the office of medicaid 45 inspector general, the state education 46 department, and the state office for the 47 aging with the approval of the director of 48 the budget, who shall file such approval 49 with the department of audit and control 50 and copies thereof with the chairman of 51 the senate finance committee and the 52 chairman of the assembly ways and means 53 committee. 54 Notwithstanding any inconsistent provision 55 of law to the contrary, the moneys hereby 56 appropriated may be used for payments to 
 S. 7766 13 1 the centers for medicaid and medicare 2 services for obligations incurred related 3 to the pharmaceutical costs of dually 4 eligible medicare/medicaid beneficiaries 5 participating in the medicare drug benefit 6 authorized by P.L. 108-173. 7 Notwithstanding any inconsistent provision 8 of law, the moneys hereby appropriated 9 shall not be used for any existing rates, 10 fees, fee schedule, or procedures which 11 may affect the cost of care and services 12 provided by personal care providers, case 13 managers, health maintenance organiza- 14 tions, out of state medical facilities 15 which provide care and services to resi- 16 dents of the state, providers of transpor- 17 tation services, that are altered, 18 amended, adjusted or otherwise changed by 19 a local social services district unless 20 previously approved by the department of 21 health and the director of the budget. 22 Notwithstanding any inconsistent provision 23 of law to the contrary, funds shall be 24 made available to the commissioner of the 25 office of mental health or the commission- 26 er of the office of addiction services and 27 supports, in consultation with the commis- 28 sioner of health and approved by the 29 director of the budget, and consistent 30 with appropriations made therefor, to 31 implement allocation adjustment developed 32 by each such commissioner which shall 33 describe mental health or substance use 34 disorder services that should be developed 35 to meet service needs resulting from the 36 reduction of inpatient behavioral health 37 services provided under the medicaid 38 program, by programs licensed pursuant to 39 article 31 or 32 of the mental hygiene 40 law. Such programs may include programs 41 that are licensed pursuant to both article 42 31 of the mental hygiene law and article 43 28 of the public health law, or certified 44 under both article 32 of the mental 45 hygiene law and article 28 of the public 46 health law. 47 Notwithstanding any inconsistent provision 48 of law, the moneys hereby appropriated may 49 be available for payments associated with 50 the resolution by settlement agreement or 51 judgment of rate appeals and/or litigation 52 where the department of health is a party. 53 For services and expenses of the medical 54 assistance program including hospital 55 inpatient services and general hospitals 56 that are safety-net providers that evince 
 S. 7766 14 1 severe financial distress, pursuant to 2 criteria determined by the commissioner, 3 shall be eligible for awards for amounts 4 appropriated herein, to enable such 5 providers to maintain operations and vital 6 services while establishing long term 7 solutions to achieve sustainable health 8 services. 9 Notwithstanding any inconsistent provisions 10 of law, no expenditures shall be used for 11 the medical assistance program for any 12 expenses not explicitly authorized in law 13 without the approval of the director of 14 the budget. 15 Notwithstanding any provision of law to the 16 contrary, the portion of this appropri- 17 ation covering fiscal year 2025-26 shall 18 supersede and replace any duplicative (i) 19 reappropriation for this item covering 20 fiscal year 2025-26, and (ii) appropri- 21 ation for this item covering fiscal year 22 2025-26 set forth in chapter 53 of the 23 laws of 2024 (26947) ....................... 121,200,000 24 For services and expenses of the medical 25 assistance program including hospital 26 outpatient and emergency room 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 (26948) ........................ 31,296,000 36 For services and expenses of the medical 37 assistance program including clinic 38 services. 39 Notwithstanding any provision of law to the 40 contrary, the portion of this appropri- 41 ation covering fiscal year 2025-26 shall 42 supersede and replace any duplicative (i) 43 reappropriation for this item covering 44 fiscal year 2025-26, and (ii) appropri- 45 ation for this item covering fiscal year 46 2025-26 set forth in chapter 53 of the 47 laws of 2024 (26949) ........................ 57,078,000 48 For services and expenses of the medical 49 assistance program including nursing home 50 services. 51 Notwithstanding any provision of law to the 52 contrary, the portion of this appropri- 53 ation covering fiscal year 2025-26 shall 54 supersede and replace any duplicative (i) 55 reappropriation for this item covering 
 S. 7766 15 1 fiscal year 2025-26, and (ii) appropri- 2 ation for this item covering fiscal year 3 2025-26 set forth in chapter 53 of the 4 laws of 2024 (26950) ....................... 152,808,000 5 For services and expenses of the medical 6 assistance program including other long 7 term care services. 8 Notwithstanding any provision of law to the 9 contrary, the portion of this appropri- 10 ation covering fiscal year 2025-26 shall 11 supersede and replace any duplicative (i) 12 reappropriation for this item covering 13 fiscal year 2025-26, and (ii) appropri- 14 ation for this item covering fiscal year 15 2025-26 set forth in chapter 53 of the 16 laws of 2024 (26951) ....................... 774,279,000 17 For services and expenses of the medical 18 assistance program including managed care 19 services including regional planning 20 activities of the finger lakes health 21 systems agency, including statewide coor- 22 dination and demonstration of best prac- 23 tices. The department shall make grants 24 within amounts appropriated therefor, to 25 assure high-quality and accessible primary 26 care, to provide technical assistance to 27 support financial and business planning 28 for integrated systems of care, and to 29 assist primary care providers in the 30 adoption, implementation, and meaningful 31 use of electronic health record technolo- 32 gy. 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 (26952) ....................... 477,739,000 42 For services and expenses for health homes 43 including grants to health homes. 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 (29548) ........................ 18,096,000 53 For services and expenses of the medical 54 assistance program including pharmacy 55 services provided, however, that no funds 56 shall be made available pursuant to this 
 S. 7766 16 1 appropriation for any drug not explicitly 2 authorized in any enacted law, rule, or 3 regulation without approval from the 4 director of the budget. 5 Notwithstanding any provision of law to the 6 contrary, the portion of this appropri- 7 ation covering fiscal year 2025-26 shall 8 supersede and replace any duplicative (i) 9 reappropriation for this item covering 10 fiscal year 2025-26, and (ii) appropri- 11 ation for this item covering fiscal year 12 2025-26 set forth in chapter 53 of the 13 laws of 2024 (26953) ....................... 290,856,000 14 For services and expenses of the medical 15 assistance program including transporta- 16 tion services. 17 Notwithstanding any provision of law to the 18 contrary, the portion of this appropri- 19 ation covering fiscal year 2025-26 shall 20 supersede and replace any duplicative (i) 21 reappropriation for this item covering 22 fiscal year 2025-26, and (ii) appropri- 23 ation for this item covering fiscal year 24 2025-26 set forth in chapter 53 of the 25 laws of 2024 (26954) ........................ 43,032,000 26 For services and expenses of the medical 27 assistance program including dental 28 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 (26955) ........................... 492,000 38 For services and expenses of the medical 39 assistance program including non-institu- 40 tional and other spending. 41 The money hereby appropriated is available 42 for payment of liabilities heretofore 43 accrued or hereafter accrued. 44 Notwithstanding any inconsistent provision 45 of law, the money hereby appropriated may 46 be available for payments to any county or 47 public school districts associated with 48 additional claims for school supportive 49 health services. 50 Notwithstanding any provision of law to the 51 contrary, the portion of this appropri- 52 ation covering fiscal year 2025-26 shall 53 supersede and replace any duplicative (i) 54 reappropriation for this item covering 55 fiscal year 2025-26, and (ii) appropri- 56 ation for this item covering fiscal year 
 S. 7766 17 1 2025-26 set forth in chapter 53 of the 2 laws of 2024 (26956) ....................... 118,812,000 3 For services and expenses of the medical 4 assistance program including medical 5 services provided at state facilities 6 operated by the office of mental health, 7 the office for people with developmental 8 disabilities and the office of addiction 9 services and supports. 10 Notwithstanding any provision of law to the 11 contrary, the portion of this appropri- 12 ation covering fiscal year 2025-26 shall 13 supersede and replace any duplicative (i) 14 reappropriation for this item covering 15 fiscal year 2025-26, and (ii) appropri- 16 ation for this item covering fiscal year 17 2025-26 set forth in chapter 53 of the 18 laws of 2024 (26961) ........ [417,000,000] 500,400,000 19 -------------- 20 Special Revenue Funds - Federal 21 Federal Health and Human Services Fund 22 Medicaid Direct Account - 25106 23 For services and expenses for the medical 24 assistance program, including administra- 25 tive expenses for local social services 26 districts, pursuant to title XIX of the 27 federal social security act or its succes- 28 sor program. 29 The moneys hereby appropriated are to be 30 available for payment of aid heretofore 31 accrued or hereafter accrued to munici- 32 palities, and to providers of medical 33 services pursuant to section 367-b of the 34 social services law, and for payment of 35 state aid to municipalities and to provid- 36 ers of family care where payment systems 37 through the fiscal intermediaries are not 38 operational. 39 Notwithstanding any inconsistent provision 40 of law, funding made available by these 41 appropriations shall support direct salary 42 costs and related fringe benefits within 43 the medical assistance program associated 44 with any minimum wage increase that takes 45 effect during the timeframe of these 46 appropriations, pursuant to section 652 of 47 the labor law. Each eligible organization 48 in receipt of funding made available by 49 these appropriations may be required to 50 submit written certification, in such form 51 and at such time the commissioner may 52 prescribe, attesting to the total amount 53 of funds used by the eligible organiza- 54 tion, how such funding will be or was used 
 S. 7766 18 1 for purposes eligible under these appro- 2 priations and any other reporting deemed 3 necessary by the commissioner. The amounts 4 appropriated herein may include advances 5 to organizations authorized to receive 6 such funds to accomplish this purpose. 7 Notwithstanding any other provision of law, 8 the money hereby appropriated may be 9 increased or decreased by interchange or 10 transfer, with any appropriation of the 11 department of health and the office of 12 medicaid inspector general and may be 13 increased or decreased by transfer or 14 suballocation between these appropriated 15 amounts and appropriations of the office 16 of mental health, office for people with 17 developmental disabilities, the office of 18 addiction services and supports, the 19 department of family assistance office of 20 temporary and disability assistance, 21 office of children and family services, 22 the department of financial services, 23 department of corrections and community 24 supervision, the office of information 25 technology services, the state university 26 of New York, the state education depart- 27 ment, and the state office for the aging 28 with the approval of the director of the 29 budget, who shall file such approval with 30 the department of audit and control and 31 copies thereof with the chairman of the 32 senate finance committee and the chairman 33 of the assembly ways and means committee. 34 Notwithstanding any inconsistent provision 35 of law, in lieu of payments authorized by 36 the social services law, or payments of 37 federal funds otherwise due to the local 38 social services districts for programs 39 provided under the federal social security 40 act or the federal food stamp act, funds 41 herein appropriated, in amounts certified 42 by the state commissioner of temporary and 43 disability assistance or the state commis- 44 sioner of health as due from local social 45 services districts each month as their 46 share of payments made pursuant to section 47 367-b of the social services law may be 48 set aside by the state comptroller in an 49 interest-bearing account in order to 50 ensure the orderly and prompt payment of 51 providers under section 367-b of the 52 social services law pursuant to an esti- 53 mate provided by the commissioner of 54 health of each local social services 55 district's share of payments made pursuant 
 S. 7766 19 1 to section 367-b of the social services 2 law. 3 Notwithstanding any inconsistent provision 4 of law to the contrary, funds shall be 5 made available to the commissioner of the 6 office of mental health or the commission- 7 er of the office of addiction services and 8 supports, in consultation with the commis- 9 sioner of health and approved by the 10 director of the budget, and consistent 11 with appropriations made therefor, to 12 implement allocation adjustment developed 13 by each such commissioner which shall 14 describe mental health or substance use 15 disorder services that should be developed 16 to meet service needs resulting from the 17 reduction of inpatient behavioral health 18 services provided under the medicaid 19 program, by programs licensed pursuant to 20 article 31 or 32 of the mental hygiene 21 law. Such programs may include programs 22 that are licensed pursuant to both article 23 31 of the mental hygiene law and article 24 28 of the public health law, or certified 25 under both article 32 of the mental 26 hygiene law and article 28 of the public 27 health law. 28 Notwithstanding any inconsistent provision 29 of law, the moneys hereby appropriated may 30 be available for payments associated with 31 the resolution by settlement agreement or 32 judgment of rate appeals and/or litigation 33 where the department of health is a party. 34 Notwithstanding any inconsistent 35 provisions of law, no expenditures shall 36 be used for the medical assistance program 37 for any expenses not explicitly authorized 38 in law without the approval of the direc- 39 tor of the budget. 40 For services and expenses of the medical 41 assistance program including hospital 42 inpatient services. 43 Notwithstanding any provision of law to the 44 contrary, the portion of this appropri- 45 ation covering fiscal year 2025-26 shall 46 supersede and replace any duplicative (i) 47 reappropriation for this item covering 48 fiscal year 2025-26, and (ii) appropri- 49 ation for this item covering fiscal year 50 2025-26 set forth in chapter 53 of the 51 laws of 2024 (26947) ........ [289,070,000] 346,884,000 52 For services and expenses of the medical 53 assistance program including hospital 54 outpatient and emergency room services. 55 Notwithstanding any provision of law to the 56 contrary, the portion of this appropri- 
 S. 7766 20 1 ation covering fiscal year 2025-26 shall 2 supersede and replace any duplicative (i) 3 reappropriation for this item covering 4 fiscal year 2025-26, and (ii) appropri- 5 ation for this item covering fiscal year 6 2025-26 set forth in chapter 53 of the 7 laws of 2024 (26948) ......... [51,860,000] 62,232,000 8 For services and expenses of the medical 9 assistance program including clinic 10 services. 11 Notwithstanding any provision of law to the 12 contrary, the portion of this appropri- 13 ation covering fiscal year 2025-26 shall 14 supersede and replace any duplicative (i) 15 reappropriation for this item covering 16 fiscal year 2025-26, and (ii) appropri- 17 ation for this item covering fiscal year 18 2025-26 set forth in chapter 53 of the 19 laws of 2024 (26949) ......... [84,835,000] 101,802,000 20 For services and expenses of the medical 21 assistance program including nursing home 22 services. 23 Notwithstanding any provision of law to the 24 contrary, the portion of this appropri- 25 ation covering fiscal year 2025-26 shall 26 supersede and replace any duplicative (i) 27 reappropriation for this item covering 28 fiscal year 2025-26, and (ii) appropri- 29 ation for this item covering fiscal year 30 2025-26 set forth in chapter 53 of the 31 laws of 2024 (26950) ........ [396,795,000] 476,154,000 32 For services and expenses of the medical 33 assistance program including other long 34 term care services. 35 Notwithstanding any provision of law to the 36 contrary, the portion of this appropri- 37 ation covering fiscal year 2025-26 shall 38 supersede and replace any duplicative (i) 39 reappropriation for this item covering 40 fiscal year 2025-26, and (ii) appropri- 41 ation for this item covering fiscal year 42 2025-26 set forth in chapter 53 of the 43 laws of 2024 (26951) ..... [1,323,939,000] 1,456,333,000 44 For services and expenses of the medical 45 assistance program including managed care 46 services including regional planning 47 activities of the finger lakes health 48 systems agency, including statewide coor- 49 dination and demonstration of best prac- 50 tices. The department shall make grants 51 within amounts appropriated therefor, to 52 assure high-quality and accessible primary 53 care, to provide technical assistance to 54 support financial and business planning 55 for integrated systems of care, and to 56 assist primary care providers in the 
 S. 7766 21 1 adoption, implementation, and meaningful 2 use of electronic health record technolo- 3 gy. 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 (26952) ..... [1,508,290,000] 1,659,119,000 13 For services and expenses of the medical 14 assistance program including pharmacy 15 services, provided, however, that no funds 16 shall be made available pursuant to this 17 appropriation for any drug not explicitly 18 authorized in any heretofore enacted law, 19 rule, or regulation without approval from 20 the director of the budget. 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 (26953) ........ [463,080,000] 555,696,000 30 For services and expenses of the medical 31 assistance program including transporta- 32 tion 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 (26954) ......... [61,175,000] 73,410,000 42 For services and expenses of the medical 43 assistance program including dental 44 services. 45 Notwithstanding any provision of law to the 46 contrary, the portion of this appropri- 47 ation covering fiscal year 2025-26 shall 48 supersede and replace any duplicative (i) 49 reappropriation for this item covering 50 fiscal year 2025-26, and (ii) appropri- 51 ation for this item covering fiscal year 52 2025-26 set forth in chapter 53 of the 53 laws of 2024 (26955) .......... [7,110,000] 8,532,000 54 For services and expenses of the medical 55 assistance program including noninstitu- 56 tional and other spending. 
 S. 7766 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) ........ [688,155,000] 825,786,000 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) ........ [417,000,000] 500,400,000 29 -------------- 30 § 6. Section 6 of chapter 113 of the laws of 2025, relating to making 31 appropriations for the support of government, as amended by chapter 125 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 .... [975,000,000] 1,140,000,000 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. 7766 23 1 extended benefit program, the federal 2 additional compensation program or any 3 other federally funded unemployment bene- 4 fit program (34787) ........ [975,000,000] 1,140,000,000 5 § 7. Section 11 of chapter 119 of the laws of 2025, relating to making 6 appropriations for the support of government, as amended by chapter 125 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 ................. [428,257,000] 433,306,000 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. 7766 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. 7766 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. 7766 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. 7766 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. 7766 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. 7766 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. 7766 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) ..................... [34,195,000] 37,126,000 17 For services and expenses related to the 18 provision of day program services to 19 people with developmental disabilities 20 (37803) ...................... [8,400,000] 9,120,000 21 For services and expenses related to the 22 provision of family support services to 23 people with developmental disabilities 24 (37804) ...................... [9,450,000] 10,260,000 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) ...................... [5,460,000] 5,928,000 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) .. [1,400,000] 1,520,000 44 -------------- 45 § 8. Section 8 of chapter 113 of the laws of 2025, relating to making 46 appropriations for the support of government, as amended by chapter 125 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. 7766 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 ............. [490,000] 532,000 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) .. [490,000] 532,000 20 § 9. 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 § 10. 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 § 11. 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. 7766 32 1 § 12. 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 ten of this act, the appropriations 5 made by this act and subject to such section shall be deemed repealed.