| 1 | 1 | | <STYLE><!--U {color: Green}S {color: RED} I {color: DARKBLUE; background-color:yellow} P.brk {page-break-before:always}--></STYLE> <BASEFONT SIZE=3> <PRE WIDTH="108"> <FONT SIZE=5><B> STATE OF NEW YORK</B></FONT> ________________________________________________________________________ 7923 2025-2026 Regular Sessions <FONT SIZE=5><B> IN ASSEMBLY</B></FONT> April 15, 2025 ___________ Introduced by M. of A. PRETLOW -- (at request of the Governor) -- read once and referred to the Committee on Ways and Means 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 <B><U>The People of the State of New York, represented in Senate and Assem-</U></B> <B><U>bly, do enact as follows:</U></B> 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 119 10 of the laws of 2025, is amended to read as follows: 11 § 2. The amounts specified in this section, or so much thereof as 12 shall be sufficient to accomplish the purposes designated, is hereby 13 appropriated and authorized to be paid as hereinafter provided, to the 14 public officers and for the purpose specified, which amount shall be 15 available for the state fiscal year beginning April 1, 2025. 16 ALL STATE DEPARTMENTS AND AGENCIES 17 For the purpose of making payments for 18 personal service, including liabilities EXPLANATION--Matter in <B><U>italics</U></B> (underscored) is new; matter in brackets [<B><S> </S></B>] is old law to be omitted. LBD12006-01-5 </PRE><P CLASS="brk"><PRE WIDTH="108"> A. 7923 2 1 incurred prior to April 1, 2025, on the 2 payrolls scheduled to be paid during the 3 period April 1 through April [<B><S>15</S></B>] <B><U>17</U></B>, 2025 4 to state officers and employees of the 5 executive branch, including the governor, 6 lieutenant governor, comptroller, and 7 attorney general, and to employees of the 8 legislature. This appropriation also 9 includes payments for services performed 10 by mentally ill or developmentally disa- 11 bled persons who are employed in state-op- 12 erated special employment, work-for-pay or 13 sheltered workshop programs .............. 14 ............................ [<B><S>668,330,000</S></B>] <B><U>986,830,000</U></B> 15 -------------- 16 § 3. Section 3 of chapter 113 of the laws of 2025, relating to making 17 appropriations for the support of government, as amended by chapter 119 18 of the laws of 2025, is amended to read as follows: 19 § 3. The amount specified in this section, or so much thereof as shall 20 be sufficient to accomplish the purpose designated, is hereby appropri- 21 ated and authorized to be paid as hereinafter provided, to the public 22 officers and for the purpose specified, which amount shall be available 23 for the state fiscal year beginning April 1, 2025. 24 ALL STATE DEPARTMENTS AND AGENCIES 25 For the payment of state operations non 26 personal service liabilities to the execu- 27 tive branch, including the comptroller, 28 and the attorney general, and legislature, 29 incurred in the ordinary course of busi- 30 ness, during the period April 1 through 31 April [<B><S>15</S></B>] <B><U>17</U></B>, 2025, pursuant to existing 32 state law and for purposes for which the 33 legislature authorized the expenditure of 34 moneys during the 2024-2025 state fiscal 35 year; provided, however, that nothing 36 contained herein shall be deemed to limit 37 or restrict the power or authority of 38 state departments or agencies to conduct 39 their activities or operations in accord- 40 ance with existing law, and further 41 provided that nothing contained herein 42 shall be deemed to supersede, nullify or 43 modify the provisions of section 40 of the 44 state finance law prescribing when appro- 45 priations made for the 2024-2025 state 46 fiscal year shall have ceased to have 47 force and effect ............................ 32,000,000 48 -------------- 49 § 4. Section 4 of chapter 113 of the laws of 2025, relating to making 50 appropriations for the support of government, as amended by chapter 119 51 of the laws of 2025, is amended to read as follows: </PRE><P CLASS="brk"><PRE WIDTH="108"> A. 7923 3 1 § 4. The amounts specified in this section, or so much thereof as 2 shall be sufficient to accomplish the purposes designated, is hereby 3 appropriated and authorized to be paid as hereinafter provided, to the 4 public officers and for the purposes specified, which amount shall be 5 available for the state fiscal year beginning April 1, 2025. 6 MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES 7 GENERAL STATE CHARGES 8 STATE OPERATIONS 9 GENERAL STATE CHARGES ...................... [<B><S>516,471,000</S></B>] <B><U>537,121,000</U></B> 10 -------------- 11 General Fund 12 State Purposes Account - 10050 13 For employee fringe benefits according to 14 the following project schedule including 15 those benefits which are related to 16 employees paid from funds, accounts, or 17 programs where the division of the budget 18 has issued waivers ......... [<B><S>516,471,000</S></B>] <B><U>537,121,000</U></B> 19 Project Schedule 20 PROJECT AMOUNT 21 -------------------------------------------- 22 For the state's contribution 23 to the health insurance fund 24 and deposit into the retiree 25 health benefit trust fund 26 pursuant to section 99-aa of 27 the state finance law. The 28 state's share of the health 29 insurance program dividends 30 shall be available to pay 31 for the premiums in 2025-26 .. 422,000,000 32 For the state's contribution 33 to the social security 34 contribution fund .......... 35 ............... [<B><S>49,550,000</S></B>] <B><U>69,850,000</U></B> 36 For the state's contribution 37 to employee benefit fund 38 programs ...................... 37,500,000 39 For the state's contribution 40 to the dental insurance plan ... 6,000,000 41 For the state's share of 42 contributions to the volun- 43 tary defined contribution 44 plan made on behalf of 45 eligible employees pursuant 46 to chapter 18 of the laws of 47 2012 who elect to partic- 48 ipate in such plan and who 49 are not otherwise eligible </PRE><P CLASS="brk"><PRE WIDTH="108"> A. 7923 4 1 to participate in the SUNY 2 optional retirement program ...... 279,000 3 For the payment of the metro- 4 politan commuter transporta- 5 tion mobility tax pursuant 6 to article 23 of the tax 7 law, as added by chapter 25 8 of the laws of 2009, on 9 behalf of the state employ- 10 ees employed in the metro- 11 politan commuter transporta- 12 tion district .............. 13 ................ [<B><S>1,125,000</S></B>] <B><U>1,475,000</U></B> 14 For the state's contribution 15 to the vision care plan ........... 17,000 16 -------------- 17 Project schedule total ... 18 ......... [<B><S>516,471,000</S></B>] <B><U>537,121,000</U></B> 19 -------------- 20 § 5. Section 5 of chapter 118 of the laws of 2025, relating to making 21 appropriations for the support of government, as amended by chapter 119 22 of the laws of 2025, is amended to read as follows: 23 § 5. The amounts specified in this section, or so much thereof as 24 shall be sufficient to accomplish the purposes designated, is hereby 25 appropriated and authorized to be paid as hereinafter provided, to the 26 public officers and for the purposes specified, which amount shall be 27 available for the state fiscal year beginning April 1, 2025. 28 JUDICIARY 29 For the purpose of making payments for 30 personal service, including liabilities 31 incurred prior to April 1, 2025, on the 32 payrolls scheduled to be paid during the 33 period April 1 through April [<B><S>15</S></B>] <B><U>17</U></B>, 2025 34 to officers and employees of the judiciary 35 ............................................. 85,000,000 36 For the payment of state operations nonper- 37 sonal service liabilities, the sum of 38 twenty-five million dollars ($25,000,000), 39 or so much thereof as shall be sufficient 40 to accomplish the purpose designated, is 41 hereby appropriated to the judiciary out 42 of any moneys in the general fund or other 43 funds to the credit of the state purposes 44 account not otherwise appropriated. The 45 comptroller is hereby authorized and 46 directed to utilize this appropriation for 47 the purpose of making payments for nonper- 48 sonal service liabilities incurred by the 49 judiciary from April 1 through April [<B><S>15</S></B>] 50 <B><U>17</U></B>, 2025 .................................... 25,000,000 51 For the payment of aid to localities liabil- 52 ities, the sum of thirty million dollars 53 ($30,000,000), or so much thereof as shall </PRE><P CLASS="brk"><PRE WIDTH="108"> A. 7923 5 1 be sufficient to accomplish the purpose 2 designated, is hereby appropriated to the 3 judiciary out of any moneys in the general 4 fund or other funds to the credit of the 5 state purposes account not otherwise 6 appropriated. The comptroller is hereby 7 authorized and directed to utilize this 8 appropriation for the purpose of making 9 payments for aid to localities liabilities 10 incurred by the judiciary from April 1 11 through April [<B><S>15</S></B>] <B><U>17</U></B>, 2025 ................. 30,000,000 12 For the payment of employee fringe benefit 13 programs including, but not limited to, 14 the judiciary's contributions to the 15 health insurance fund, the employees' 16 retirement system pension accumulation 17 fund, the social security contribution 18 fund, employee benefit fund programs, the 19 dental insurance plan, the vision care 20 plan, the unemployment insurance fund, and 21 for workers' compensation benefits, the 22 sum of three hundred million dollars 23 ($300,000,000), or so much thereof as 24 shall be sufficient to accomplish the 25 purpose designated, is hereby appropriated 26 to the judiciary out of any moneys in the 27 general fund or other funds to the credit 28 of the state purposes account not other- 29 wise appropriated. The comptroller is 30 hereby authorized and directed to utilize 31 this appropriation for the purpose of 32 making payments for employee fringe bene- 33 fit liabilities incurred by the judiciary 34 from April 1 through April [<B><S>15</S></B>] <B><U>17</U></B>, 2025 ... 300,000,000 35 -------------- 36 § 6. Section 5 of chapter 113 of the laws of 2025, relating to making 37 appropriations for the support of government, as amended by chapter 119 38 of the laws of 2025, is amended to read as follows: 39 § 5. The amounts specified in this section, or so much thereof as 40 shall be sufficient to accomplish the purposes designated, is hereby 41 appropriated and authorized to be paid as hereinafter provided, to the 42 public officers and for the purposes specified, which amount shall be 43 available for the state fiscal year beginning April 1, 2025. 44 DEPARTMENT OF HEALTH 45 AID TO LOCALITIES 46 CENTER FOR COMMUNITY HEALTH PROGRAM ......... [<B><S>23,050,000</S></B>] <B><U>25,190,000</U></B> 47 -------------- 48 General Fund 49 Local Assistance Account - 10000 </PRE><P CLASS="brk"><PRE WIDTH="108"> A. 7923 6 1 For services and expenses related to the 2 Indian health program. The money hereby 3 appropriated shall be for payment of 4 financial assistance heretofore accrued or 5 hereafter to accrue (26840) .................. 7,000,000 6 -------------- 7 Special Revenue Funds - Federal 8 Federal USDA-Food and Nutrition Services Fund 9 Federal Food and Nutrition Services Account - 25022 10 For various federal food and nutritional 11 services. The moneys hereby appropriated 12 shall be available for payment of finan- 13 cial assistance heretofore accrued (26986) 14 ............................. [<B><S>16,050,000</S></B>] <B><U>18,190,000</U></B> 15 -------------- 16 ELDERLY PHARMACEUTICAL INSURANCE COVERAGE PROGRAM ............ 1,520,000 17 -------------- 18 Special Revenue Funds - Other 19 HCRA Resources Fund 20 EPIC Premium Account - 20818 21 For services and expenses of the program for 22 elderly pharmaceutical insurance coverage, 23 including reimbursement to pharmacies 24 participating in such program. 25 The moneys hereby appropriated shall be 26 available for payment of financial assist- 27 ance heretofore accrued (26803) .............. 1,520,000 28 MEDICAL ASSISTANCE PROGRAM ............................... 3,333,612,000 29 -------------- 30 General Fund 31 Local Assistance Account - 10000 32 For the medical assistance program, includ- 33 ing administrative expenses, for local 34 social services districts, and for medical 35 care rates for authorized child care agen- 36 cies. 37 Notwithstanding section 40 of the state 38 finance law or any provision of law to the 39 contrary, subject to federal approval, 40 department of health state funds medicaid 41 spending, excluding payments for medical 42 services provided at state facilities 43 operated by the office of mental health, 44 the office for people with developmental 45 disabilities and the office of addiction 46 services and supports and further exclud- 47 ing any payments which are not appropri- 48 ated within the department of health, in </PRE><P CLASS="brk"><PRE WIDTH="108"> A. 7923 7 1 the aggregate, for the period April 1, 2 2025 through March 31, 2026, shall not 3 exceed $33,417,285,000 except as provided 4 below provided, however, such aggregate 5 limits may be adjusted by the director of 6 the budget to account for any changes in 7 the New York state federal medical assist- 8 ance percentage amount established pursu- 9 ant to the federal social security act, 10 increases in provider revenues, reductions 11 in local social services district payments 12 for medical assistance administration, 13 minimum wage increases, and beginning 14 April 1, 2012 the operational costs of the 15 New York state medical indemnity fund, 16 pursuant to chapter 59 of the laws of 17 2011, and state costs or savings from the 18 essential plan program. Such projections 19 may be adjusted by the director of the 20 budget to account for increased or expe- 21 dited department of health state funds 22 medicaid expenditures as a result of a 23 natural or other type of disaster, includ- 24 ing a governmental declaration of emergen- 25 cy. 26 The director of the budget, in consultation 27 with the commissioner of health, shall 28 assess on a quarterly basis known and 29 projected medicaid expenditures by catego- 30 ry of service and by geographic region, as 31 defined by the commissioner, incurred both 32 prior to and subsequent to such assessment 33 for each such period, and if the director 34 of the budget determines that such expend- 35 itures are expected to cause medicaid 36 spending for such period to exceed the 37 aggregate limit specified herein for such 38 period, the state medicaid director, in 39 consultation with the director of the 40 budget and the commissioner of health, 41 shall develop a medicaid savings allo- 42 cation adjustment to limit such spending 43 to the aggregate limit specified herein 44 for such period. 45 Such medicaid savings allocation adjustment 46 shall be designed, to reduce the expendi- 47 tures authorized by the appropriations 48 herein in compliance with the following 49 guidelines: (1) reductions shall be made 50 in compliance with applicable federal law, 51 including the provisions of the Patient 52 Protection and Affordable Care Act, Public 53 Law No. 111-148, and the Health Care and 54 Education Reconciliation Act of 2010, 55 Public Law No. 111-152 (collectively 56 "Affordable Care Act") and any subsequent </PRE><P CLASS="brk"><PRE WIDTH="108"> A. 7923 8 1 amendments thereto or regulations promul- 2 gated thereunder; (2) reductions shall be 3 made in a manner that complies with the 4 state medicaid plan approved by the feder- 5 al centers for medicare and medicaid 6 services, provided, however, that the 7 commissioner of health is authorized to 8 submit any state plan amendment or seek 9 other federal approval, including waiver 10 authority, to implement the provisions of 11 the medicaid savings allocation adjustment 12 that meets the other criteria set forth 13 herein; (3) reductions shall be made in a 14 manner that maximizes federal financial 15 participation, to the extent practicable, 16 including any federal financial partic- 17 ipation that is available or is reasonably 18 expected to become available, in the 19 discretion of the commissioner, under the 20 Affordable Care Act; (4) reductions shall 21 be made uniformly among categories of 22 services and geographic regions of the 23 state, to the extent practicable, and 24 shall be made uniformly within a category 25 of service, to the extent practicable, 26 except where the commissioner determines 27 that there are sufficient grounds for 28 non-uniformity, including but not limited 29 to: the extent to which specific catego- 30 ries of services contributed to department 31 of health medicaid state funds spending in 32 excess of the limits specified herein; the 33 need to maintain safety net services in 34 underserved communities; or the potential 35 benefits of pursuing innovative payment 36 models contemplated by the Affordable Care 37 Act, in which case such grounds shall be 38 set forth in the medicaid savings allo- 39 cation adjustment; and (5) reductions 40 shall be made in a manner that does not 41 unnecessarily create administrative 42 burdens to medicaid applicants and recipi- 43 ents or providers. 44 The commissioner shall seek the input of the 45 legislature, as well as organizations 46 representing health care providers, 47 consumers, businesses, workers, health 48 insurers, and others with relevant exper- 49 tise, in developing such medicaid savings 50 allocation adjustment, to the extent that 51 all or part of such adjustment, in the 52 discretion of the commissioner, is likely 53 to have a material impact on the overall 54 medicaid program, particular categories of 55 service or particular geographic regions 56 of the state. </PRE><P CLASS="brk"><PRE WIDTH="108"> A. 7923 9 1 (a) The commissioner shall post the medicaid 2 savings allocation adjustment on the 3 department of health's website and shall 4 provide written copies of such adjustment 5 to the chairs of the senate finance and 6 the assembly ways and means committees at 7 least 30 days before the date on which 8 implementation is expected to begin. 9 (b) The commissioner may revise the medicaid 10 savings allocation adjustment subsequent 11 to the provisions of notice and prior to 12 implementation but needs to provide a new 13 notice pursuant to subparagraph (i) of 14 this paragraph only if the commissioner 15 determines, in his or her discretion, that 16 such revisions materially alter the 17 adjustment. 18 Notwithstanding the provisions of paragraphs 19 (a) and (b) of this subdivision, the 20 commissioner need not seek the input 21 described in paragraph (a) of this subdi- 22 vision or provide notice pursuant to para- 23 graph (b) of this subdivision if, in the 24 discretion of the commissioner, expedited 25 development and implementation of a medi- 26 caid savings allocation adjustment is 27 necessary due to a public health emergen- 28 cy. 29 For purposes of this section, a public 30 health emergency is defined as: (i) a 31 disaster, natural or otherwise, that 32 significantly increases the immediate need 33 for health care personnel in an area of 34 the state; (ii) an event or condition that 35 creates a widespread risk of exposure to a 36 serious communicable disease, or the 37 potential for such widespread risk of 38 exposure; or (iii) any other event or 39 condition determined by the commissioner 40 to constitute an imminent threat to public 41 health. 42 Nothing in this paragraph shall be deemed to 43 prevent all or part of such medicaid 44 savings allocation adjustment from taking 45 effect retroactively to the extent permit- 46 ted by the federal centers for medicare 47 and medicaid services. 48 In accordance with the medicaid savings 49 allocation adjustment, the commissioner of 50 the department of health shall reduce 51 department of health state funds medicaid 52 spending by the amount of the projected 53 overspending through, actions including, 54 but not limited to modifying or suspending 55 reimbursement methods, including but not 56 limited to all fees, premium levels and </PRE><P CLASS="brk"><PRE WIDTH="108"> A. 7923 10 1 rates of payment, notwithstanding any 2 provision of law that sets a specific 3 amount or methodology for any such 4 payments or rates of payment; modifying or 5 discontinuing medicaid program benefits; 6 seeking all necessary federal approvals, 7 including, but not limited to waivers, 8 waiver amendments; and suspending time 9 frames for notice, approval or certif- 10 ication of rate requirements, notwith- 11 standing any provision of law, rule or 12 regulation to the contrary, including but 13 not limited to sections 2807 and 3614 of 14 the public health law, section 18 of chap- 15 ter 2 of the laws of 1988, and 18 NYCRR 16 505.14(h). 17 The department of health shall prepare a 18 quarterly report that sets forth: (a) 19 known and projected department of health 20 medicaid expenditures as described in 21 subdivision (1) of this section, and 22 factors that could result in medicaid 23 disbursements for the relevant state 24 fiscal year to exceed the projected 25 department of health state funds disburse- 26 ments in the enacted budget financial plan 27 pursuant to subdivision 3 of section 23 of 28 the state finance law, including spending 29 increases or decreases due to: enrollment 30 fluctuations, rate changes, utilization 31 changes, MRT investments, and shift of 32 beneficiaries to managed care; and vari- 33 ations in offline medicaid payments; and 34 (b) the actions taken to implement any 35 medicaid savings allocation adjustment 36 implemented pursuant to subdivision (4) of 37 this section, including information 38 concerning the impact of such actions on 39 each category of service and each 40 geographic region of the state. Each such 41 quarterly report shall be provided to the 42 chairs of the senate finance and the 43 assembly ways and means committees and 44 shall be posted on the department of 45 health's website in a timely manner. 46 The money hereby appropriated is to be 47 available for payment of aid heretofore 48 accrued or hereafter accrued to munici- 49 palities, and to providers of medical 50 services pursuant to section 367-b of the 51 social services law, and for payment of 52 state aid to municipalities and to provid- 53 ers of family care where payment systems 54 through the fiscal intermediaries are not 55 operational. </PRE><P CLASS="brk"><PRE WIDTH="108"> A. 7923 11 1 Notwithstanding any inconsistent provision 2 of law to the contrary, funds may be used 3 by the department for outside legal 4 assistance on issues involving the federal 5 government, the conduct of preadmission 6 screening and annual resident reviews 7 required by the state's medicaid program, 8 computer matching with insurance carriers 9 to insure that medicaid is the payer of 10 last resort and activities related to the 11 management of the pharmacy benefit avail- 12 able under the medicaid program. 13 Notwithstanding any inconsistent provision 14 of law, in lieu of payments authorized by 15 the social services law, or payments of 16 federal funds otherwise due to the local 17 social services districts for programs 18 provided under the federal social security 19 act or the federal food stamp act, funds 20 herein appropriated, in amounts certified 21 by the state commissioner of temporary and 22 disability assistance or the state commis- 23 sioner of health as due from local social 24 services districts each month as their 25 share of payments made pursuant to section 26 367-b of the social services law may be 27 set aside by the state comptroller in an 28 interest-bearing account in order to 29 ensure the orderly and prompt payment of 30 providers under section 367-b of the 31 social services law pursuant to an esti- 32 mate provided by the commissioner of 33 health of each local social services 34 district's share of payments made pursuant 35 to section 367-b of the social services 36 law. 37 Notwithstanding any inconsistent provision 38 of law, funding made available by these 39 appropriations shall support direct salary 40 costs and related fringe benefits within 41 the medical assistance program associated 42 with any minimum wage increase that takes 43 effect during the timeframe of these 44 appropriations, pursuant to section 652 of 45 the labor law. Each eligible organization 46 in receipt of funding made available by 47 these appropriations may be required to 48 submit written certification, in such form 49 and at such time the commissioner may 50 prescribe, attesting to the total amount 51 of funds used by the eligible organiza- 52 tion, how such funding will be or was used 53 for purposes eligible under these appro- 54 priations and any other reporting deemed 55 necessary by the commissioner. The amounts 56 appropriated herein may include advances </PRE><P CLASS="brk"><PRE WIDTH="108"> A. 7923 12 1 to organizations authorized to receive 2 such funds to accomplish this purpose. 3 Notwithstanding any other provision of law, 4 the money hereby appropriated may be 5 increased or decreased by interchange or 6 transfer, with any appropriation of the 7 department of health and the office of 8 medicaid inspector general and may be 9 increased or decreased by transfer or 10 suballocation between these appropriated 11 amounts and appropriations of the depart- 12 ment of health state purpose account, the 13 office of mental health, office for people 14 with developmental disabilities, the 15 office of addiction services and supports, 16 the department of family assistance office 17 of temporary and disability assistance, 18 the department of corrections and communi- 19 ty supervision, the office of information 20 technology services, the state university 21 of New York, and office of children and 22 family services, the office of medicaid 23 inspector general, the state education 24 department, and the state office for the 25 aging with the approval of the director of 26 the budget, who shall file such approval 27 with the department of audit and control 28 and copies thereof with the chairman of 29 the senate finance committee and the 30 chairman of the assembly ways and means 31 committee. 32 Notwithstanding any inconsistent provision 33 of law to the contrary, the moneys hereby 34 appropriated may be used for payments to 35 the centers for medicaid and medicare 36 services for obligations incurred related 37 to the pharmaceutical costs of dually 38 eligible medicare/medicaid beneficiaries 39 participating in the medicare drug benefit 40 authorized by P.L. 108-173. 41 Notwithstanding any inconsistent provision 42 of law, the moneys hereby appropriated 43 shall not be used for any existing rates, 44 fees, fee schedule, or procedures which 45 may affect the cost of care and services 46 provided by personal care providers, case 47 managers, health maintenance organiza- 48 tions, out of state medical facilities 49 which provide care and services to resi- 50 dents of the state, providers of transpor- 51 tation services, that are altered, 52 amended, adjusted or otherwise changed by 53 a local social services district unless 54 previously approved by the department of 55 health and the director of the budget. </PRE><P CLASS="brk"><PRE WIDTH="108"> A. 7923 13 1 Notwithstanding any inconsistent provision 2 of law to the contrary, funds shall be 3 made available to the commissioner of the 4 office of mental health or the commission- 5 er of the office of addiction services and 6 supports, in consultation with the commis- 7 sioner of health and approved by the 8 director of the budget, and consistent 9 with appropriations made therefor, to 10 implement allocation adjustment developed 11 by each such commissioner which shall 12 describe mental health or substance use 13 disorder services that should be developed 14 to meet service needs resulting from the 15 reduction of inpatient behavioral health 16 services provided under the medicaid 17 program, by programs licensed pursuant to 18 article 31 or 32 of the mental hygiene 19 law. Such programs may include programs 20 that are licensed pursuant to both article 21 31 of the mental hygiene law and article 22 28 of the public health law, or certified 23 under both article 32 of the mental 24 hygiene law and article 28 of the public 25 health law. 26 Notwithstanding any inconsistent provision 27 of law, the moneys hereby appropriated may 28 be available for payments associated with 29 the resolution by settlement agreement or 30 judgment of rate appeals and/or litigation 31 where the department of health is a party. 32 For services and expenses of the medical 33 assistance program including hospital 34 inpatient services and general hospitals 35 that are safety-net providers that evince 36 severe financial distress, pursuant to 37 criteria determined by the commissioner, 38 shall be eligible for awards for amounts 39 appropriated herein, to enable such 40 providers to maintain operations and vital 41 services while establishing long term 42 solutions to achieve sustainable health 43 services. 44 Notwithstanding any inconsistent provisions 45 of law, no expenditures shall be used for 46 the medical assistance program for any 47 expenses not explicitly authorized in law 48 without the approval of the director of 49 the budget. 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 </PRE><P CLASS="brk"><PRE WIDTH="108"> A. 7923 14 1 2025-26 set forth in chapter 53 of the 2 laws of 2024 (26947) ........................ 60,600,000 3 For services and expenses of the medical 4 assistance program including hospital 5 outpatient and emergency room services. 6 Notwithstanding any provision of law to the 7 contrary, the portion of this appropri- 8 ation covering fiscal year 2025-26 shall 9 supersede and replace any duplicative (i) 10 reappropriation for this item covering 11 fiscal year 2025-26, and (ii) appropri- 12 ation for this item covering fiscal year 13 2025-26 set forth in chapter 53 of the 14 laws of 2024 (26948) ........................ 15,648,000 15 For services and expenses of the medical 16 assistance program including clinic 17 services. 18 Notwithstanding any provision of law to the 19 contrary, the portion of this appropri- 20 ation covering fiscal year 2025-26 shall 21 supersede and replace any duplicative (i) 22 reappropriation for this item covering 23 fiscal year 2025-26, and (ii) appropri- 24 ation for this item covering fiscal year 25 2025-26 set forth in chapter 53 of the 26 laws of 2024 (26949) ........................ 28,539,000 27 For services and expenses of the medical 28 assistance program including nursing home 29 services. 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 (26950) ........................ 76,404,000 39 For services and expenses of the medical 40 assistance program including other long 41 term care services. 42 Notwithstanding any provision of law to the 43 contrary, the portion of this appropri- 44 ation covering fiscal year 2025-26 shall 45 supersede and replace any duplicative (i) 46 reappropriation for this item covering 47 fiscal year 2025-26, and (ii) appropri- 48 ation for this item covering fiscal year 49 2025-26 set forth in chapter 53 of the 50 laws of 2024 (26951) ....................... 211,167,000 51 For services and expenses of the medical 52 assistance program including managed care 53 services including regional planning 54 activities of the finger lakes health 55 systems agency, including statewide coor- 56 dination and demonstration of best prac- </PRE><P CLASS="brk"><PRE WIDTH="108"> A. 7923 15 1 tices. The department shall make grants 2 within amounts appropriated therefor, to 3 assure high-quality and accessible primary 4 care, to provide technical assistance to 5 support financial and business planning 6 for integrated systems of care, and to 7 assist primary care providers in the 8 adoption, implementation, and meaningful 9 use of electronic health record technolo- 10 gy. 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 (26952) ....................... 130,293,000 20 For services and expenses for health homes 21 including grants to health homes. 22 Notwithstanding any provision of law to the 23 contrary, the portion of this appropri- 24 ation covering fiscal year 2025-26 shall 25 supersede and replace any duplicative (i) 26 reappropriation for this item covering 27 fiscal year 2025-26, and (ii) appropri- 28 ation for this item covering fiscal year 29 2025-26 set forth in chapter 53 of the 30 laws of 2024 (29548) ......................... 9,048,000 31 For services and expenses of the medical 32 assistance program including pharmacy 33 services provided, however, that no funds 34 shall be made available pursuant to this 35 appropriation for any drug not explicitly 36 authorized in any enacted law, rule, or 37 regulation without approval from the 38 director of the budget. 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 (26953) ....................... 145,428,000 48 For services and expenses of the medical 49 assistance program including transporta- 50 tion 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 </PRE><P CLASS="brk"><PRE WIDTH="108"> A. 7923 16 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 (26954) ........................ 21,516,000 5 For services and expenses of the medical 6 assistance program including dental 7 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 (26955) ........................... 246,000 17 For services and expenses of the medical 18 assistance program including non-institu- 19 tional and other spending. 20 The money hereby appropriated is available 21 for payment of liabilities heretofore 22 accrued or hereafter accrued. 23 Notwithstanding any inconsistent provision 24 of law, the money hereby appropriated may 25 be available for payments to any county or 26 public school districts associated with 27 additional claims for school supportive 28 health 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 (26956) ........................ 59,406,000 38 For services and expenses of the medical 39 assistance program including medical 40 services provided at state facilities 41 operated by the office of mental health, 42 the office for people with developmental 43 disabilities and the office of addiction 44 services and supports. 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 (26961) ....................... 250,200,000 54 -------------- 55 Special Revenue Funds - Federal </PRE><P CLASS="brk"><PRE WIDTH="108"> A. 7923 17 1 Federal Health and Human Services Fund 2 Medicaid Direct Account - 25106 3 For services and expenses for the medical 4 assistance program, including administra- 5 tive expenses for local social services 6 districts, pursuant to title XIX of the 7 federal social security act or its succes- 8 sor program. 9 The moneys hereby appropriated are to be 10 available for payment of aid heretofore 11 accrued or hereafter accrued to munici- 12 palities, and to providers of medical 13 services pursuant to section 367-b of the 14 social services law, and for payment of 15 state aid to municipalities and to provid- 16 ers of family care where payment systems 17 through the fiscal intermediaries are not 18 operational. 19 Notwithstanding any inconsistent provision 20 of law, funding made available by these 21 appropriations shall support direct salary 22 costs and related fringe benefits within 23 the medical assistance program associated 24 with any minimum wage increase that takes 25 effect during the timeframe of these 26 appropriations, pursuant to section 652 of 27 the labor law. Each eligible organization 28 in receipt of funding made available by 29 these appropriations may be required to 30 submit written certification, in such form 31 and at such time the commissioner may 32 prescribe, attesting to the total amount 33 of funds used by the eligible organiza- 34 tion, how such funding will be or was used 35 for purposes eligible under these appro- 36 priations and any other reporting deemed 37 necessary by the commissioner. The amounts 38 appropriated herein may include advances 39 to organizations authorized to receive 40 such funds to accomplish this purpose. 41 Notwithstanding any other provision of law, 42 the money hereby appropriated may be 43 increased or decreased by interchange or 44 transfer, with any appropriation of the 45 department of health and the office of 46 medicaid inspector general and may be 47 increased or decreased by transfer or 48 suballocation between these appropriated 49 amounts and appropriations of the office 50 of mental health, office for people with 51 developmental disabilities, the office of 52 addiction services and supports, the 53 department of family assistance office of 54 temporary and disability assistance, 55 office of children and family services, </PRE><P CLASS="brk"><PRE WIDTH="108"> A. 7923 18 1 the department of financial services, 2 department of corrections and community 3 supervision, the office of information 4 technology services, the state university 5 of New York, the state education depart- 6 ment, and the state office for the aging 7 with the approval of the director of the 8 budget, who shall file such approval with 9 the department of audit and control and 10 copies thereof with the chairman of the 11 senate finance committee and the chairman 12 of the assembly ways and means committee. 13 Notwithstanding any inconsistent provision 14 of law, in lieu of payments authorized by 15 the social services law, or payments of 16 federal funds otherwise due to the local 17 social services districts for programs 18 provided under the federal social security 19 act or the federal food stamp act, funds 20 herein appropriated, in amounts certified 21 by the state commissioner of temporary and 22 disability assistance or the state commis- 23 sioner of health as due from local social 24 services districts each month as their 25 share of payments made pursuant to section 26 367-b of the social services law may be 27 set aside by the state comptroller in an 28 interest-bearing account in order to 29 ensure the orderly and prompt payment of 30 providers under section 367-b of the 31 social services law pursuant to an esti- 32 mate provided by the commissioner of 33 health of each local social services 34 district's share of payments made pursuant 35 to section 367-b of the social services 36 law. 37 Notwithstanding any inconsistent provision 38 of law to the contrary, funds shall be 39 made available to the commissioner of the 40 office of mental health or the commission- 41 er of the office of addiction services and 42 supports, in consultation with the commis- 43 sioner of health and approved by the 44 director of the budget, and consistent 45 with appropriations made therefor, to 46 implement allocation adjustment developed 47 by each such commissioner which shall 48 describe mental health or substance use 49 disorder services that should be developed 50 to meet service needs resulting from the 51 reduction of inpatient behavioral health 52 services provided under the medicaid 53 program, by programs licensed pursuant to 54 article 31 or 32 of the mental hygiene 55 law. Such programs may include programs 56 that are licensed pursuant to both article </PRE><P CLASS="brk"><PRE WIDTH="108"> A. 7923 19 1 31 of the mental hygiene law and article 2 28 of the public health law, or certified 3 under both article 32 of the mental 4 hygiene law and article 28 of the public 5 health law. 6 Notwithstanding any inconsistent provision 7 of law, the moneys hereby appropriated may 8 be available for payments associated with 9 the resolution by settlement agreement or 10 judgment of rate appeals and/or litigation 11 where the department of health is a party. 12 Notwithstanding any inconsistent 13 provisions of law, no expenditures shall 14 be used for the medical assistance program 15 for any expenses not explicitly authorized 16 in law without the approval of the direc- 17 tor of the budget. 18 For services and expenses of the medical 19 assistance program including hospital 20 inpatient 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 (26947) ....................... 173,442,000 30 For services and expenses of the medical 31 assistance program including hospital 32 outpatient and emergency room 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 (26948) ........................ 31,116,000 42 For services and expenses of the medical 43 assistance program including clinic 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 (26949) ........................ 50,901,000 54 For services and expenses of the medical 55 assistance program including nursing home 56 services. </PRE><P CLASS="brk"><PRE WIDTH="108"> A. 7923 20 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(26950) ........................ 238,077,000 10 For services and expenses of the medical 11 assistance program including other long 12 term care 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 (26951) ....................... 397,182,000 22 For services and expenses of the medical 23 assistance program including managed care 24 services including regional planning 25 activities of the finger lakes health 26 systems agency, including statewide coor- 27 dination and demonstration of best prac- 28 tices. The department shall make grants 29 within amounts appropriated therefor, to 30 assure high-quality and accessible primary 31 care, to provide technical assistance to 32 support financial and business planning 33 for integrated systems of care, and to 34 assist primary care providers in the 35 adoption, implementation, and meaningful 36 use of electronic health record technolo- 37 gy. 38 Notwithstanding any provision of law to the 39 contrary, the portion of this appropri- 40 ation covering fiscal year 2025-26 shall 41 supersede and replace any duplicative (i) 42 reappropriation for this item covering 43 fiscal year 2025-26, and (ii) appropri- 44 ation for this item covering fiscal year 45 2025-26 set forth in chapter 53 of the 46 laws of 2024 (26952) ....................... 452,487,000 47 For services and expenses of the medical 48 assistance program including pharmacy 49 services, provided, however, that no funds 50 shall be made available pursuant to this 51 appropriation for any drug not explicitly 52 authorized in any heretofore enacted law, 53 rule, or regulation without approval from 54 the director of the budget. 55 Notwithstanding any provision of law to the 56 contrary, the portion of this appropri- </PRE><P CLASS="brk"><PRE WIDTH="108"> A. 7923 21 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 (26953) ....................... 277,848,000 8 For services and expenses of the medical 9 assistance program including transporta- 10 tion 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 (26954) ........................ 36,705,000 20 For services and expenses of the medical 21 assistance program including dental 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 (26955) ......................... 4,266,000 32 For services and expenses of the medical 33 assistance program including noninstitu- 34 tional and other spending. 35 The money hereby appropriated is available 36 for payment of liabilities heretofore 37 accrued or hereafter accrued. 38 Notwithstanding any provision of law to the 39 contrary, the portion of this appropri- 40 ation covering fiscal year 2025-26 shall 41 supersede and replace any duplicative (i) 42 reappropriation for this item covering 43 fiscal year 2025-26, and (ii) appropri- 44 ation for this item covering fiscal year 45 2025-26 set forth in chapter 53 of the 46 laws of 2024 (26956) ....................... 412,893,000 47 For services and expenses of the medical 48 assistance program including medical 49 services provided at state facilities 50 operated by the office of mental health, 51 the office for people with developmental 52 disabilities and the office of addiction 53 services and supports. 54 Notwithstanding any provision of law to the 55 contrary, the portion of this appropri- 56 ation covering fiscal year 2025-26 shall </PRE><P CLASS="brk"><PRE WIDTH="108"> A. 7923 22 1 supersede and replace any duplicative (i) 2 reappropriation for this item covering 3 fiscal year 2025-26, and (ii) appropri- 4 ation for this item covering fiscal year 5 2025-26 set forth in chapter 53 of the 6 laws of 2024 (26961) ....................... 250,200,000 7 -------------- 8 § 7. Section 6 of chapter 113 of the laws of 2025, relating to making 9 appropriations for the support of government, as amended by chapter 119 10 of the laws of 2025, is amended to read as follows: 11 § 6. 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 purposes specified, which amount shall be 15 available for the state fiscal year beginning April 1, 2025. 16 DEPARTMENT OF LABOR 17 AID TO LOCALITIES 18 UNEMPLOYMENT INSURANCE BENEFIT PROGRAM ..... [<B><S>465,000,000</S></B>] <B><U>555,000,000</U></B> 19 -------------- 20 Enterprise Funds 21 Unemployment Insurance Benefit Fund 22 Unemployment Insurance Benefit Account - 50650 23 For payment of unemployment insurance bene- 24 fits pursuant to article 18 of the labor 25 law or as authorized by the federal 26 government through the disaster unemploy- 27 ment assistance program, the emergency 28 unemployment compensation program, the 29 extended benefit program, the federal 30 additional compensation program or any 31 other federally funded unemployment bene- 32 fit program (34787) ........ [<B><S>465,000,000</S></B>] <B><U>555,000,000</U></B> 33 § 8. Section 11 of chapter 119 of the laws of 2025, relating to making 34 appropriations for the support of government, is amended to read as 35 follows: 36 § 11. 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 MENTAL HYGIENE 42 OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES 43 AID TO LOCALITIES 44 COMMUNITY SERVICES PROGRAM ................. [<B><S>302,259,000</S></B>] <B><U>305,625,000</U></B> 45 -------------- 46 General Fund </PRE><P CLASS="brk"><PRE WIDTH="108"> A. 7923 23 1 Local Assistance Account - 10000 2 For services and expenses of the community 3 services program, net of disallowances, 4 for community programs for people with 5 developmental disabilities pursuant to 6 article 41 of the mental hygiene law, 7 and/or chapter 620 of the laws of 1974, 8 chapter 660 of the laws of 1977, chapter 9 412 of the laws of 1981, chapter 27 of the 10 laws of 1987, chapter 729 of the laws of 11 1989, chapter 329 of the laws of 1993 and 12 other provisions of the mental hygiene 13 law. Notwithstanding any inconsistent 14 provision of law, the following appropri- 15 ation shall be net of prior and/or current 16 year refunds, rebates, reimbursements, and 17 credits. 18 Notwithstanding any other provision of law, 19 advances and reimbursement made pursuant 20 to subdivision (d) of section 41.15 and 21 section 41.18 of the mental hygiene law 22 shall be allocated pursuant to a plan and 23 in a manner prescribed by the agency head 24 and approved by the director of the budg- 25 et. The moneys hereby appropriated are 26 available to reimburse or advance locali- 27 ties and voluntary non-profit agencies for 28 expenditures made during local fiscal 29 periods commencing January 1, 2025, April 30 1, 2025 or July 1, 2025, and for advances 31 for the 3 month period beginning January 32 1, 2026. 33 Notwithstanding the provisions of article 41 34 of the mental hygiene law or any other 35 inconsistent provision of law, rule or 36 regulation, the commissioner, pursuant to 37 such contract and in the manner provided 38 therein, may pay all or a portion of the 39 expenses incurred by such voluntary agen- 40 cies arising out of loans which are funded 41 from the proceeds of bonds and notes 42 issued by the dormitory authority of the 43 state of New York. 44 Notwithstanding any other provision of law, 45 the money hereby appropriated may be 46 transferred to state operations and/or any 47 appropriation of the office for people 48 with developmental disabilities with the 49 approval of the director of the budget. 50 Notwithstanding any inconsistent provision 51 of law, moneys from this appropriation may 52 be used for state aid of up to 100 percent 53 of the net deficit costs of day training 54 programs and family support services. </PRE><P CLASS="brk"><PRE WIDTH="108"> A. 7923 24 1 Notwithstanding the provisions of section 2 16.23 of the mental hygiene law and any 3 other inconsistent provision of law, with 4 relation to the operation of certified 5 family care homes, including family care 6 homes sponsored by voluntary not-for-pro- 7 fit agencies, moneys from this appropri- 8 ation may be used for payments to purchase 9 general services including but not limited 10 to respite providers, up to a maximum of 11 14 days, at rates to be established by the 12 commissioner and approved by the director 13 of the budget in consideration of factors 14 including, but not limited to, geographic 15 area and number of clients cared for in 16 the home and for payment in an amount 17 determined by the commissioner for the 18 personal needs of each client residing in 19 the family care home. 20 Notwithstanding the provisions of subdivi- 21 sion 12 of section 8 of the state finance 22 law and any other inconsistent provision 23 of law, moneys from this appropriation may 24 be used for expenses of family care homes 25 including payments to operators of certi- 26 fied family care homes for damages caused 27 by clients to personal and real property 28 in accordance with standards established 29 by the commissioner and approved by the 30 director of the budget. 31 Notwithstanding any inconsistent provision 32 of law, moneys from this appropriation may 33 be used for appropriate day program 34 services and residential services includ- 35 ing, but not limited to, direct housing 36 subsidies to individuals, start-up 37 expenses for family care providers, envi- 38 ronmental modifications, adaptive technol- 39 ogies, appraisals, property options, 40 feasibility studies and preoperational 41 expenses. 42 Notwithstanding any inconsistent provision 43 of law except pursuant to a chapter of the 44 laws of 2024 authorizing a 2.84 percent 45 cost of living adjustment, for the period 46 commencing on April 1, 2024 and ending 47 March 31, 2025 the commissioner shall not 48 apply any other cost of living adjustment 49 for the purpose of establishing rates of 50 payments, contracts or any other form of 51 reimbursement; provided that this shall 52 not prevent the commissioner from applying 53 prior adjustments for the purpose of 54 establishing rates resulting from a rebas- 55 ing of base year costs. </PRE><P CLASS="brk"><PRE WIDTH="108"> A. 7923 25 1 Notwithstanding section 6908 of the educa- 2 tion law and any other provision of law, 3 rule or regulation to the contrary, direct 4 support staff in programs certified or 5 approved by the office for people with 6 developmental disabilities, including the 7 home and community based services waiver 8 programs that the office for people with 9 developmental disabilities is authorized 10 to administer with federal approval pursu- 11 ant to subdivision (c) of section 1915 of 12 the federal social security act, are 13 authorized to provide such tasks as OPWDD 14 may specify when performed under the 15 supervision, training and periodic 16 inspection of a registered professional 17 nurse and in accordance with an authorized 18 practitioner's ordered care. 19 Notwithstanding any other provision of law 20 to the contrary, and consistent with 21 section 33.07 of the mental hygiene law, 22 the directors of facilities licensed but 23 not operated by the office for people with 24 developmental disabilities who act as 25 federally-appointed representative payees 26 and who assume management responsibility 27 over the funds of a resident may continue 28 to use such funds for the cost of the 29 resident's care and treatment, consistent 30 with federal law and regulations. 31 Funds appropriated herein shall be available 32 in accordance with the following: 33 Notwithstanding any inconsistent provision 34 of law, the director of the budget is 35 authorized to make suballocations from 36 this appropriation to the department of 37 health medical assistance program. 38 Notwithstanding any inconsistent provision 39 of law, and pursuant to criteria estab- 40 lished by the commissioner of the office 41 for people with developmental disabilities 42 and approved by the director of the budg- 43 et, expenditures may be made from this 44 appropriation for residential facilities 45 which are pending recertification as 46 intermediate care facilities for people 47 with developmental disabilities. 48 Notwithstanding the provisions of section 49 41.36 of the mental hygiene law and any 50 other inconsistent provision of law, 51 moneys from this appropriation may be used 52 for payment up to $250 per year per 53 client, at such times and in such manner 54 as determined by the commissioner on the 55 basis of financial need for the personal 56 needs of each client residing in voluntar- </PRE><P CLASS="brk"><PRE WIDTH="108"> A. 7923 26 1 y-operated community residences and volun- 2 tary-operated community residential alter- 3 natives, including individualized 4 residential alternatives under the home 5 and community based services waiver. The 6 commissioner shall, subject to the 7 approval of the director of the budget, 8 alter existing advance payment schedules 9 for voluntary-operated community resi- 10 dences established pursuant to section 11 41.36 of the mental hygiene law. 12 Notwithstanding any inconsistent provision 13 of law, moneys from this appropriation may 14 be used for the operation of clinics 15 licensed pursuant to article 16 of the 16 mental hygiene law including, but not 17 limited to, supportive and habilitative 18 services consistent with the home and 19 community based services waiver. 20 For the state share of medical assistance 21 services expenses incurred by the depart- 22 ment of health for the provision of 23 medical assistance services to people with 24 developmental disabilities (37835) ......... 277,014,000 25 For services and expenses of the community 26 services program, net of disallowances, 27 for community programs for people with 28 developmental disabilities pursuant to 29 article 41 of the mental hygiene law, 30 and/or chapter 620 of the laws of 1974, 31 chapter 660 of the laws of 1977, chapter 32 412 of the laws of 1981, chapter 27 of the 33 laws of 1987, chapter 729 of the laws of 34 1989, chapter 329 of the laws of 1993 and 35 other provisions of the mental hygiene 36 law. Notwithstanding any inconsistent 37 provision of law, the following appropri- 38 ation shall be net of prior and/or current 39 year refunds, rebates, reimbursements, and 40 credits. 41 Notwithstanding any other provision of law, 42 advances and reimbursement made pursuant 43 to subdivision (d) of section 41.15 and 44 section 41.18 of the mental hygiene law 45 shall be allocated pursuant to a plan and 46 in a manner prescribed by the agency head 47 and approved by the director of the budg- 48 et. The moneys hereby appropriated are 49 available to reimburse or advance locali- 50 ties and voluntary non-profit agencies for 51 expenditures made during local fiscal 52 periods commencing January 1, 2025, April 53 1, 2025 or July 1, 2025, and for advances 54 for the 3 month period beginning January 55 1, 2026. </PRE><P CLASS="brk"><PRE WIDTH="108"> A. 7923 27 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- </PRE><P CLASS="brk"><PRE WIDTH="108"> A. 7923 28 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 other provision of law 55 to the contrary, funds appropriated herein 56 are available to reimburse in- and out-of- </PRE><P CLASS="brk"><PRE WIDTH="108"> A. 7923 29 1 state private residential schools, pursu- 2 ant to subdivision (c) of section 13.37-a 3 and subdivision (g) of section 13.38 of 4 the mental hygiene law, for costs of 5 supporting the residential and day program 6 services available to individuals who are 7 over the age of 21 years of age, provided 8 that the amount paid for residential 9 services and/or maintenance costs is net 10 of any supplemental security income bene- 11 fit to which the individual receiving 12 services is eligible, and provided further 13 that funding for nonresidential services 14 will be in an amount not to exceed the 15 maximum reimbursement for appropriate day 16 services delivered by the office for 17 people with developmental disabilities 18 certified or approved providers other than 19 in- and out-of-state private residential 20 schools, unless otherwise authorized by 21 the director of the budget. 22 Notwithstanding section 163 of the state 23 finance law, section 142 of the economic 24 development law, and article 41 of the 25 mental hygiene law, the commissioner of 26 the office for people with developmental 27 disabilities may make the funds appropri- 28 ated herein available as state aid, a loan 29 or a grant, pursuant to terms and condi- 30 tions established by the commissioner of 31 the office for people with developmental 32 disabilities, to cover a portion of the 33 development costs of private, public 34 and/or non-profit organizations, including 35 corporations and partnerships established 36 pursuant to the private housing finance 37 law and/or any other statutory provisions, 38 for supportive housing units that have 39 been set aside for individuals with intel- 40 lectual and developmental disabilities. 41 Further, the office for people with develop- 42 mental disabilities shall have a lien on 43 the real property developed with such 44 state aid, loans or grants, which shall be 45 in the amount of the loan or grant, for a 46 maximum term of 30 years, or other longer 47 term consistent with the requirements of 48 another regulatory agency. 49 For services and expenses related to the 50 provision of residential services to 51 people with developmental disabilities 52 (37802) ..................... [<B><S>14,655,000</S></B>] <B><U>16,609,000</U></B> 53 For services and expenses related to the 54 provision of day program services to 55 people with developmental disabilities 56 (37803) ...................... [<B><S>3,600,000</S></B>] <B><U>4,080,000</U></B> </PRE><P CLASS="brk"><PRE WIDTH="108"> A. 7923 30 1 For services and expenses related to the 2 provision of family support services to 3 people with developmental disabilities 4 (37804) ...................... [<B><S>4,050,000</S></B>] <B><U>4,590,000</U></B> 5 For services and expenses related to the 6 provision of workshop, day training and 7 employment services to people with devel- 8 opmental disabilities. Notwithstanding any 9 other provision of law, up to $800,000 of 10 this appropriation may be transferred to 11 the New York State Education Departments' 12 Adult Career and Continuing Education 13 Services - Vocational Rehabilitation 14 (ACCES-VR) program to support the Long- 15 Term Sheltered Employment program operated 16 by FEDCAP Rehabilitation Services, Inc. 17 (37805) ...................... [<B><S>2,340,000</S></B>] <B><U>2,652,000</U></B> 18 For other services and expenses provided to 19 people with developmental disabilities 20 including but not limited to hepatitis B, 21 care at home waiver, epilepsy services, 22 Special Olympics New York, Inc. and volun- 23 tary fingerprinting (37806) .... [<B><S>600,000</S></B>] <B><U>680,000</U></B> 24 -------------- 25 § 9. Section 8 of chapter 113 of the laws of 2025, relating to making 26 appropriations for the support of government, as amended by chapter 119 27 of the laws of 2025, is amended to read as follows: 28 § 8. 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 VETERANS' SERVICES 34 AID TO LOCALITIES 35 BLIND VETERAN ANNUITY ASSISTANCE PROGRAM ....................... 385,000 36 -------------- 37 General Fund 38 Local Assistance Account - 10000 39 For payment of annuities to blind veterans 40 and eligible surviving spouses. Up to 41 $15,000 of this appropriation may be 42 transferred to state operations for admin- 43 istrative costs associated with this 44 program (54606) ................................ 385,000 45 VETERANS' BENEFITS ADVISING PROGRAM ............. [<B><S>210,000</S></B>] <B><U>238,000</U></B> 46 -------------- 47 Special Revenue Funds - Other 48 Homeless Veterans Assistance Fund </PRE><P CLASS="brk"><PRE WIDTH="108"> A. 7923 31 1 Homeless Veterans Assistance Account - 20204 2 For services and expenses related to home- 3 less veterans' housing (54815) .. [<B><S>210,000</S></B>] <B><U>238,000</U></B> 4 § 10. No expenditure may be made from any appropriation in this act, 5 until a certificate of approval has been issued by the director of the 6 budget and a copy of such certificate shall have been filed with the 7 state comptroller, the chairman of the senate finance committee and the 8 chairman of the assembly ways and means committee provided, however, 9 that any expenditures from any appropriation in this act made by the 10 legislature or judiciary shall not require such certificate. 11 § 11. All expenditures and disbursements made against the appropri- 12 ations in this act shall, upon final action by the legislature on appro- 13 priation bills submitted by the governor pursuant to article VII of the 14 state constitution for the support of government for the state fiscal 15 year beginning April 1, 2025, be transferred by the comptroller as 16 expenditures and disbursements to such appropriations for all state 17 departments and agencies, as applicable, in amounts equal to the amounts 18 charged against the appropriations in this act for each such department, 19 agency, and the legislature and the judiciary. 20 § 12. Severability clause. If any clause, sentence, paragraph, subdi- 21 vision, section or part of this act shall be adjudged by any court of 22 competent jurisdiction to be invalid, such judgment shall not affect, 23 impair, or invalidate the remainder thereof, but shall be confined in 24 its operation to the clause, sentence, paragraph, subdivision, section 25 or part thereof directly involved in the controversy in which such judg- 26 ment shall have been rendered. It is hereby declared to be the intent of 27 the legislature that this act would have been enacted even if such 28 invalid provisions had not been included herein. 29 § 13. This act shall take effect immediately and shall be deemed to 30 have been in full force and effect on and after April 1, 2025; provided, 31 however, that upon the transfer of expenditures and disbursements by the 32 comptroller as provided in section eleven of this act, the appropri- 33 ations made by this act and subject to such section shall be deemed 34 repealed. |
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