| 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> ________________________________________________________________________ 7459 2025-2026 Regular Sessions <FONT SIZE=5><B> IN SENATE</B></FONT> April 17, 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 <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 120 10 of the laws of 2025, is amended to read as follows: 11 § 2. The amounts specified in this section, or so much thereof as 12 shall be sufficient to accomplish the purposes designated, is hereby 13 appropriated and authorized to be paid as hereinafter provided, to the 14 public officers and for the purpose specified, which amount shall be 15 available for the state fiscal year beginning April 1, 2025. 16 ALL STATE DEPARTMENTS AND AGENCIES 17 For the purpose of making payments for EXPLANATION--Matter in <B><U>italics</U></B> (underscored) is new; matter in brackets [<B><S> </S></B>] is old law to be omitted. LBD12007-01-5 </PRE><P CLASS="brk"><PRE WIDTH="108"> S. 7459 2 1 personal service, including liabilities 2 incurred prior to April 1, 2025, on the 3 payrolls scheduled to be paid during the 4 period April 1 through April [<B><S>17</S></B>] <B><U>23</U></B>, 2025 5 to state officers and employees of the 6 executive branch, including the governor, 7 lieutenant governor, comptroller, and 8 attorney general, and to employees of the 9 legislature. This appropriation also 10 includes payments for services performed 11 by mentally ill or developmentally disa- 12 bled persons who are employed in state-op- 13 erated special employment, work-for-pay or 14 sheltered workshop programs .............. 15 ............................ [<B><S>986,830,000</S></B>] <B><U>1,336,630,000</U></B> 16 -------------- 17 § 3. Section 3 of chapter 113 of the laws of 2025, relating to making 18 appropriations for the support of government, as amended by chapter 120 19 of the laws of 2025, is amended to read as follows: 20 § 3. The amount specified in this section, or so much thereof as shall 21 be sufficient to accomplish the purpose designated, is hereby appropri- 22 ated and authorized to be paid as hereinafter provided, to the public 23 officers and for the purpose specified, which amount shall be available 24 for the state fiscal year beginning April 1, 2025. 25 ALL STATE DEPARTMENTS AND AGENCIES 26 For the payment of state operations non 27 personal service liabilities to the execu- 28 tive branch, including the comptroller, 29 and the attorney general, and legislature, 30 incurred in the ordinary course of busi- 31 ness, during the period April 1 through 32 April [<B><S>17</S></B>] <B><U>22</U></B>, 2025, pursuant to existing 33 state law and for purposes for which the 34 legislature authorized the expenditure of 35 moneys during the 2024-2025 state fiscal 36 year; provided, however, that nothing 37 contained herein shall be deemed to limit 38 or restrict the power or authority of 39 state departments or agencies to conduct 40 their activities or operations in accord- 41 ance with existing law, and further 42 provided that nothing contained herein 43 shall be deemed to supersede, nullify or 44 modify the provisions of section 40 of the 45 state finance law prescribing when appro- 46 priations made for the 2024-2025 state 47 fiscal year shall have ceased to have 48 force and effect ............................ 32,000,000 49 -------------- 50 § 4. Section 4 of chapter 113 of the laws of 2025, relating to making 51 appropriations for the support of government, as amended by chapter 120 52 of the laws of 2025, is amended to read as follows: </PRE><P CLASS="brk"><PRE WIDTH="108"> S. 7459 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>537,121,000</S></B>] <B><U>566,796,000</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>537,121,000</S></B>] <B><U>566,696,000</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>69,850,000</S></B>] <B><U>99,150,000</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 50 to participate in the SUNY </PRE><P CLASS="brk"><PRE WIDTH="108"> S. 7459 4 1 optional retirement program 2 ................... [<B><S>279,000</S></B>] <B><U>554,000</U></B> 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 .................. 1,475,000 13 For the state's contribution 14 to the vision care plan ........... 17,000 15 -------------- 16 Project schedule total ... 17 ........... [<B><S>537,121,000</S></B>] <B><U>566,696,000</U></B> 18 -------------- 19 <B><U>For payment of claims for damage to personal</U></B> 20 <B><U>or real property or for bodily injuries or</U></B> 21 <B><U>wrongful death caused by officers, employ-</U></B> 22 <B><U>ees, or other authorized persons providing</U></B> 23 <B><U>service to state government while provid-</U></B> 24 <B><U>ing such service, and the state university</U></B> 25 <B><U>construction fund while acting within the</U></B> 26 <B><U>scope of their employment, and while oper-</U></B> 27 <B><U>ating motor vehicles, and for any individ-</U></B> 28 <B><U>uals operating motor vehicles which are</U></B> 29 <B><U>assigned on a permanent basis with unre-</U></B> 30 <B><U>stricted use to state officers and employ-</U></B> 31 <B><U>ees when the person is permanently</U></B> 32 <B><U>assigned the motor vehicle (80559) </U></B>............. <B><U>100,000</U></B> 33 <B><U>--------------</U></B> 34 § 5. Section 5 of chapter 118 of the laws of 2025, relating to making 35 appropriations for the support of government, as amended by chapter 120 36 of the laws of 2025, is amended to read as follows: 37 § 5. The amounts specified in this section, or so much thereof as 38 shall be sufficient to accomplish the purposes designated, is hereby 39 appropriated and authorized to be paid as hereinafter provided, to the 40 public officers and for the purposes specified, which amount shall be 41 available for the state fiscal year beginning April 1, 2025. 42 JUDICIARY 43 For the purpose of making payments for 44 personal service, including liabilities 45 incurred prior to April 1, 2025, on the 46 payrolls scheduled to be paid during the 47 period April 1 through April [<B><S>17</S></B>] <B><U>23</U></B>, 2025 48 to officers and employees of the judiciary 49 .............................. [<B><S>85,000,000</S></B>] <B><U>175,000,000</U></B> 50 For the payment of state operations nonper- 51 sonal service liabilities, the sum of 52 twenty-five million dollars ($25,000,000), </PRE><P CLASS="brk"><PRE WIDTH="108"> S. 7459 5 1 or so much thereof as shall be sufficient 2 to accomplish the purpose designated, is 3 hereby appropriated to the judiciary out 4 of any moneys in the general fund or other 5 funds to the credit of the state purposes 6 account not otherwise appropriated. The 7 comptroller is hereby authorized and 8 directed to utilize this appropriation for 9 the purpose of making payments for nonper- 10 sonal service liabilities incurred by the 11 judiciary from April 1 through April [<B><S>17</S></B>] 12 <B><U>22</U></B>, 2025 .................................... 25,000,000 13 For the payment of aid to localities liabil- 14 ities, the sum of thirty million dollars 15 ($30,000,000), or so much thereof as shall 16 be sufficient to accomplish the purpose 17 designated, is hereby appropriated to the 18 judiciary out of any moneys in the general 19 fund or other funds to the credit of the 20 state purposes account not otherwise 21 appropriated. The comptroller is hereby 22 authorized and directed to utilize this 23 appropriation for the purpose of making 24 payments for aid to localities liabilities 25 incurred by the judiciary from April 1 26 through April [<B><S>17</S></B>] <B><U>22</U></B>, 2025 ................. 30,000,000 27 For the payment of employee fringe benefit 28 programs including, but not limited to, 29 the judiciary's contributions to the 30 health insurance fund, the employees' 31 retirement system pension accumulation 32 fund, the social security contribution 33 fund, employee benefit fund programs, the 34 dental insurance plan, the vision care 35 plan, the unemployment insurance fund, and 36 for workers' compensation benefits, the 37 sum of three hundred million dollars 38 ($300,000,000), or so much thereof as 39 shall be sufficient to accomplish the 40 purpose designated, is hereby appropriated 41 to the judiciary out of any moneys in the 42 general fund or other funds to the credit 43 of the state purposes account not other- 44 wise appropriated. The comptroller is 45 hereby authorized and directed to utilize 46 this appropriation for the purpose of 47 making payments for employee fringe bene- 48 fit liabilities incurred by the judiciary 49 from April 1 through April [<B><S>17</S></B>] <B><U>22</U></B>, 2025 ... 300,000,000 50 -------------- 51 § 6. Section 5 of chapter 113 of the laws of 2025, relating to making 52 appropriations for the support of government, as amended by chapter 120 53 of the laws of 2025, is amended to read as follows: 54 § 5. The amounts specified in this section, or so much thereof as 55 shall be sufficient to accomplish the purposes designated, is hereby </PRE><P CLASS="brk"><PRE WIDTH="108"> S. 7459 6 1 appropriated and authorized to be paid as hereinafter provided, to the 2 public officers and for the purposes specified, which amount shall be 3 available for the state fiscal year beginning April 1, 2025. 4 DEPARTMENT OF HEALTH 5 AID TO LOCALITIES 6 CENTER FOR COMMUNITY HEALTH PROGRAM ......... [<B><S>25,190,000</S></B>] <B><U>30,540,000</U></B> 7 -------------- 8 General Fund 9 Local Assistance Account - 10000 10 For services and expenses related to the 11 Indian health program. The money hereby 12 appropriated shall be for payment of 13 financial assistance heretofore accrued or 14 hereafter to accrue (26840) .................. 7,000,000 15 -------------- 16 Special Revenue Funds - Federal 17 Federal USDA-Food and Nutrition Services Fund 18 Federal Food and Nutrition Services Account - 25022 19 For various federal food and nutritional 20 services. The moneys hereby appropriated 21 shall be available for payment of finan- 22 cial assistance heretofore accrued (26986) 23 ............................. [<B><S>18,190,000</S></B>] <B><U>23,540,000</U></B> 24 -------------- 25 ELDERLY PHARMACEUTICAL INSURANCE COVERAGE PROGRAM ............ 1,520,000 26 -------------- 27 Special Revenue Funds - Other 28 HCRA Resources Fund 29 EPIC Premium Account - 20818 30 For services and expenses of the program for 31 elderly pharmaceutical insurance coverage, 32 including reimbursement to pharmacies 33 participating in such program. 34 The moneys hereby appropriated shall be 35 available for payment of financial assist- 36 ance heretofore accrued (26803) .............. 1,520,000 37 MEDICAL ASSISTANCE PROGRAM ............... [<B><S>3,333,612,000</S></B>] <B><U>6,032,985,000</U></B> 38 -------------- 39 General Fund 40 Local Assistance Account - 10000 41 For the medical assistance program, includ- 42 ing administrative expenses, for local </PRE><P CLASS="brk"><PRE WIDTH="108"> S. 7459 7 1 social services districts, and for medical 2 care rates for authorized child care agen- 3 cies. 4 Notwithstanding section 40 of the state 5 finance law or any provision of law to the 6 contrary, subject to federal approval, 7 department of health state funds medicaid 8 spending, excluding payments for medical 9 services provided at state facilities 10 operated by the office of mental health, 11 the office for people with developmental 12 disabilities and the office of addiction 13 services and supports and further exclud- 14 ing any payments which are not appropri- 15 ated within the department of health, in 16 the aggregate, for the period April 1, 17 2025 through March 31, 2026, shall not 18 exceed $33,417,285,000 except as provided 19 below provided, however, such aggregate 20 limits may be adjusted by the director of 21 the budget to account for any changes in 22 the New York state federal medical assist- 23 ance percentage amount established pursu- 24 ant to the federal social security act, 25 increases in provider revenues, reductions 26 in local social services district payments 27 for medical assistance administration, 28 minimum wage increases, and beginning 29 April 1, 2012 the operational costs of the 30 New York state medical indemnity fund, 31 pursuant to chapter 59 of the laws of 32 2011, and state costs or savings from the 33 essential plan program. Such projections 34 may be adjusted by the director of the 35 budget to account for increased or expe- 36 dited department of health state funds 37 medicaid expenditures as a result of a 38 natural or other type of disaster, includ- 39 ing a governmental declaration of emergen- 40 cy. 41 The director of the budget, in consultation 42 with the commissioner of health, shall 43 assess on a quarterly basis known and 44 projected medicaid expenditures by catego- 45 ry of service and by geographic region, as 46 defined by the commissioner, incurred both 47 prior to and subsequent to such assessment 48 for each such period, and if the director 49 of the budget determines that such expend- 50 itures are expected to cause medicaid 51 spending for such period to exceed the 52 aggregate limit specified herein for such 53 period, the state medicaid director, in 54 consultation with the director of the 55 budget and the commissioner of health, 56 shall develop a medicaid savings allo- </PRE><P CLASS="brk"><PRE WIDTH="108"> S. 7459 8 1 cation adjustment to limit such spending 2 to the aggregate limit specified herein 3 for such period. 4 Such medicaid savings allocation adjustment 5 shall be designed, to reduce the expendi- 6 tures authorized by the appropriations 7 herein in compliance with the following 8 guidelines: (1) reductions shall be made 9 in compliance with applicable federal law, 10 including the provisions of the Patient 11 Protection and Affordable Care Act, Public 12 Law No. 111-148, and the Health Care and 13 Education Reconciliation Act of 2010, 14 Public Law No. 111-152 (collectively 15 "Affordable Care Act") and any subsequent 16 amendments thereto or regulations promul- 17 gated thereunder; (2) reductions shall be 18 made in a manner that complies with the 19 state medicaid plan approved by the feder- 20 al centers for medicare and medicaid 21 services, provided, however, that the 22 commissioner of health is authorized to 23 submit any state plan amendment or seek 24 other federal approval, including waiver 25 authority, to implement the provisions of 26 the medicaid savings allocation adjustment 27 that meets the other criteria set forth 28 herein; (3) reductions shall be made in a 29 manner that maximizes federal financial 30 participation, to the extent practicable, 31 including any federal financial partic- 32 ipation that is available or is reasonably 33 expected to become available, in the 34 discretion of the commissioner, under the 35 Affordable Care Act; (4) reductions shall 36 be made uniformly among categories of 37 services and geographic regions of the 38 state, to the extent practicable, and 39 shall be made uniformly within a category 40 of service, to the extent practicable, 41 except where the commissioner determines 42 that there are sufficient grounds for 43 non-uniformity, including but not limited 44 to: the extent to which specific catego- 45 ries of services contributed to department 46 of health medicaid state funds spending in 47 excess of the limits specified herein; the 48 need to maintain safety net services in 49 underserved communities; or the potential 50 benefits of pursuing innovative payment 51 models contemplated by the Affordable Care 52 Act, in which case such grounds shall be 53 set forth in the medicaid savings allo- 54 cation adjustment; and (5) reductions 55 shall be made in a manner that does not 56 unnecessarily create administrative </PRE><P CLASS="brk"><PRE WIDTH="108"> S. 7459 9 1 burdens to medicaid applicants and recipi- 2 ents or providers. 3 The commissioner shall seek the input of the 4 legislature, as well as organizations 5 representing health care providers, 6 consumers, businesses, workers, health 7 insurers, and others with relevant exper- 8 tise, in developing such medicaid savings 9 allocation adjustment, to the extent that 10 all or part of such adjustment, in the 11 discretion of the commissioner, is likely 12 to have a material impact on the overall 13 medicaid program, particular categories of 14 service or particular geographic regions 15 of the state. 16 (a) The commissioner shall post the medicaid 17 savings allocation adjustment on the 18 department of health's website and shall 19 provide written copies of such adjustment 20 to the chairs of the senate finance and 21 the assembly ways and means committees at 22 least 30 days before the date on which 23 implementation is expected to begin. 24 (b) The commissioner may revise the medicaid 25 savings allocation adjustment subsequent 26 to the provisions of notice and prior to 27 implementation but needs to provide a new 28 notice pursuant to subparagraph (i) of 29 this paragraph only if the commissioner 30 determines, in his or her discretion, that 31 such revisions materially alter the 32 adjustment. 33 Notwithstanding the provisions of paragraphs 34 (a) and (b) of this subdivision, the 35 commissioner need not seek the input 36 described in paragraph (a) of this subdi- 37 vision or provide notice pursuant to para- 38 graph (b) of this subdivision if, in the 39 discretion of the commissioner, expedited 40 development and implementation of a medi- 41 caid savings allocation adjustment is 42 necessary due to a public health emergen- 43 cy. 44 For purposes of this section, a public 45 health emergency is defined as: (i) a 46 disaster, natural or otherwise, that 47 significantly increases the immediate need 48 for health care personnel in an area of 49 the state; (ii) an event or condition that 50 creates a widespread risk of exposure to a 51 serious communicable disease, or the 52 potential for such widespread risk of 53 exposure; or (iii) any other event or 54 condition determined by the commissioner 55 to constitute an imminent threat to public 56 health. </PRE><P CLASS="brk"><PRE WIDTH="108"> S. 7459 10 1 Nothing in this paragraph shall be deemed to 2 prevent all or part of such medicaid 3 savings allocation adjustment from taking 4 effect retroactively to the extent permit- 5 ted by the federal centers for medicare 6 and medicaid services. 7 In accordance with the medicaid savings 8 allocation adjustment, the commissioner of 9 the department of health shall reduce 10 department of health state funds medicaid 11 spending by the amount of the projected 12 overspending through, actions including, 13 but not limited to modifying or suspending 14 reimbursement methods, including but not 15 limited to all fees, premium levels and 16 rates of payment, notwithstanding any 17 provision of law that sets a specific 18 amount or methodology for any such 19 payments or rates of payment; modifying or 20 discontinuing medicaid program benefits; 21 seeking all necessary federal approvals, 22 including, but not limited to waivers, 23 waiver amendments; and suspending time 24 frames for notice, approval or certif- 25 ication of rate requirements, notwith- 26 standing any provision of law, rule or 27 regulation to the contrary, including but 28 not limited to sections 2807 and 3614 of 29 the public health law, section 18 of chap- 30 ter 2 of the laws of 1988, and 18 NYCRR 31 505.14(h). 32 The department of health shall prepare a 33 quarterly report that sets forth: (a) 34 known and projected department of health 35 medicaid expenditures as described in 36 subdivision (1) of this section, and 37 factors that could result in medicaid 38 disbursements for the relevant state 39 fiscal year to exceed the projected 40 department of health state funds disburse- 41 ments in the enacted budget financial plan 42 pursuant to subdivision 3 of section 23 of 43 the state finance law, including spending 44 increases or decreases due to: enrollment 45 fluctuations, rate changes, utilization 46 changes, MRT investments, and shift of 47 beneficiaries to managed care; and vari- 48 ations in offline medicaid payments; and 49 (b) the actions taken to implement any 50 medicaid savings allocation adjustment 51 implemented pursuant to subdivision (4) of 52 this section, including information 53 concerning the impact of such actions on 54 each category of service and each 55 geographic region of the state. Each such 56 quarterly report shall be provided to the </PRE><P CLASS="brk"><PRE WIDTH="108"> S. 7459 11 1 chairs of the senate finance and the 2 assembly ways and means committees and 3 shall be posted on the department of 4 health's website in a timely manner. 5 The money hereby appropriated is to be 6 available for payment of aid heretofore 7 accrued or hereafter accrued to munici- 8 palities, and to providers of medical 9 services pursuant to section 367-b of the 10 social services law, and for payment of 11 state aid to municipalities and to provid- 12 ers of family care where payment systems 13 through the fiscal intermediaries are not 14 operational. 15 Notwithstanding any inconsistent provision 16 of law to the contrary, funds may be used 17 by the department for outside legal 18 assistance on issues involving the federal 19 government, the conduct of preadmission 20 screening and annual resident reviews 21 required by the state's medicaid program, 22 computer matching with insurance carriers 23 to insure that medicaid is the payer of 24 last resort and activities related to the 25 management of the pharmacy benefit avail- 26 able under the medicaid program. 27 Notwithstanding any inconsistent provision 28 of law, in lieu of payments authorized by 29 the social services law, or payments of 30 federal funds otherwise due to the local 31 social services districts for programs 32 provided under the federal social security 33 act or the federal food stamp act, funds 34 herein appropriated, in amounts certified 35 by the state commissioner of temporary and 36 disability assistance or the state commis- 37 sioner of health as due from local social 38 services districts each month as their 39 share of payments made pursuant to section 40 367-b of the social services law may be 41 set aside by the state comptroller in an 42 interest-bearing account in order to 43 ensure the orderly and prompt payment of 44 providers under section 367-b of the 45 social services law pursuant to an esti- 46 mate provided by the commissioner of 47 health of each local social services 48 district's share of payments made pursuant 49 to section 367-b of the social services 50 law. 51 Notwithstanding any inconsistent provision 52 of law, funding made available by these 53 appropriations shall support direct salary 54 costs and related fringe benefits within 55 the medical assistance program associated 56 with any minimum wage increase that takes </PRE><P CLASS="brk"><PRE WIDTH="108"> S. 7459 12 1 effect during the timeframe of these 2 appropriations, pursuant to section 652 of 3 the labor law. Each eligible organization 4 in receipt of funding made available by 5 these appropriations may be required to 6 submit written certification, in such form 7 and at such time the commissioner may 8 prescribe, attesting to the total amount 9 of funds used by the eligible organiza- 10 tion, how such funding will be or was used 11 for purposes eligible under these appro- 12 priations and any other reporting deemed 13 necessary by the commissioner. The amounts 14 appropriated herein may include advances 15 to organizations authorized to receive 16 such funds to accomplish this purpose. 17 Notwithstanding any other provision of law, 18 the money hereby appropriated may be 19 increased or decreased by interchange or 20 transfer, with any appropriation of the 21 department of health and the office of 22 medicaid inspector general and may be 23 increased or decreased by transfer or 24 suballocation between these appropriated 25 amounts and appropriations of the depart- 26 ment of health state purpose account, the 27 office of mental health, office for people 28 with developmental disabilities, the 29 office of addiction services and supports, 30 the department of family assistance office 31 of temporary and disability assistance, 32 the department of corrections and communi- 33 ty supervision, the office of information 34 technology services, the state university 35 of New York, and office of children and 36 family services, the office of medicaid 37 inspector general, the state education 38 department, and the state office for the 39 aging with the approval of the director of 40 the budget, who shall file such approval 41 with the department of audit and control 42 and copies thereof with the chairman of 43 the senate finance committee and the 44 chairman of the assembly ways and means 45 committee. 46 Notwithstanding any inconsistent provision 47 of law to the contrary, the moneys hereby 48 appropriated may be used for payments to 49 the centers for medicaid and medicare 50 services for obligations incurred related 51 to the pharmaceutical costs of dually 52 eligible medicare/medicaid beneficiaries 53 participating in the medicare drug benefit 54 authorized by P.L. 108-173. 55 Notwithstanding any inconsistent provision 56 of law, the moneys hereby appropriated </PRE><P CLASS="brk"><PRE WIDTH="108"> S. 7459 13 1 shall not be used for any existing rates, 2 fees, fee schedule, or procedures which 3 may affect the cost of care and services 4 provided by personal care providers, case 5 managers, health maintenance organiza- 6 tions, out of state medical facilities 7 which provide care and services to resi- 8 dents of the state, providers of transpor- 9 tation services, that are altered, 10 amended, adjusted or otherwise changed by 11 a local social services district unless 12 previously approved by the department of 13 health and the director of the budget. 14 Notwithstanding any inconsistent provision 15 of law to the contrary, funds shall be 16 made available to the commissioner of the 17 office of mental health or the commission- 18 er of the office of addiction services and 19 supports, in consultation with the commis- 20 sioner of health and approved by the 21 director of the budget, and consistent 22 with appropriations made therefor, to 23 implement allocation adjustment developed 24 by each such commissioner which shall 25 describe mental health or substance use 26 disorder services that should be developed 27 to meet service needs resulting from the 28 reduction of inpatient behavioral health 29 services provided under the medicaid 30 program, by programs licensed pursuant to 31 article 31 or 32 of the mental hygiene 32 law. Such programs may include programs 33 that are licensed pursuant to both article 34 31 of the mental hygiene law and article 35 28 of the public health law, or certified 36 under both article 32 of the mental 37 hygiene law and article 28 of the public 38 health law. 39 Notwithstanding any inconsistent provision 40 of law, the moneys hereby appropriated may 41 be available for payments associated with 42 the resolution by settlement agreement or 43 judgment of rate appeals and/or litigation 44 where the department of health is a party. 45 For services and expenses of the medical 46 assistance program including hospital 47 inpatient services and general hospitals 48 that are safety-net providers that evince 49 severe financial distress, pursuant to 50 criteria determined by the commissioner, 51 shall be eligible for awards for amounts 52 appropriated herein, to enable such 53 providers to maintain operations and vital 54 services while establishing long term 55 solutions to achieve sustainable health 56 services. </PRE><P CLASS="brk"><PRE WIDTH="108"> S. 7459 14 1 Notwithstanding any inconsistent provisions 2 of law, no expenditures shall be used for 3 the medical assistance program for any 4 expenses not explicitly authorized in law 5 without the approval of the director of 6 the budget. 7 Notwithstanding any provision of law to the 8 contrary, the portion of this appropri- 9 ation covering fiscal year 2025-26 shall 10 supersede and replace any duplicative (i) 11 reappropriation for this item covering 12 fiscal year 2025-26, and (ii) appropri- 13 ation for this item covering fiscal year 14 2025-26 set forth in chapter 53 of the 15 laws of 2024 (26947) ......... [<B><S>60,600,000</S></B>] <B><U>80,800,000</U></B> 16 For services and expenses of the medical 17 assistance program including hospital 18 outpatient and emergency room services. 19 Notwithstanding any provision of law to the 20 contrary, the portion of this appropri- 21 ation covering fiscal year 2025-26 shall 22 supersede and replace any duplicative (i) 23 reappropriation for this item covering 24 fiscal year 2025-26, and (ii) appropri- 25 ation for this item covering fiscal year 26 2025-26 set forth in chapter 53 of the 27 laws of 2024 (26948) ......... [<B><S>15,648,000</S></B>] <B><U>20,864,000</U></B> 28 For services and expenses of the medical 29 assistance program including clinic 30 services. 31 Notwithstanding any provision of law to the 32 contrary, the portion of this appropri- 33 ation covering fiscal year 2025-26 shall 34 supersede and replace any duplicative (i) 35 reappropriation for this item covering 36 fiscal year 2025-26, and (ii) appropri- 37 ation for this item covering fiscal year 38 2025-26 set forth in chapter 53 of the 39 laws of 2024 (26949) ......... [<B><S>28,539,000</S></B>] <B><U>38,052,000</U></B> 40 For services and expenses of the medical 41 assistance program including nursing home 42 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 (26950) ......... [<B><S>76,404,000</S></B>] <B><U>101,872,000</U></B> 52 For services and expenses of the medical 53 assistance program including other long 54 term care services. 55 Notwithstanding any provision of law to the 56 contrary, the portion of this appropri- </PRE><P CLASS="brk"><PRE WIDTH="108"> S. 7459 15 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 (26951) ........ [<B><S>211,167,000</S></B>] <B><U>563,112,000</U></B> 8 For services and expenses of the medical 9 assistance program including managed care 10 services including regional planning 11 activities of the finger lakes health 12 systems agency, including statewide coor- 13 dination and demonstration of best prac- 14 tices. The department shall make grants 15 within amounts appropriated therefor, to 16 assure high-quality and accessible primary 17 care, to provide technical assistance to 18 support financial and business planning 19 for integrated systems of care, and to 20 assist primary care providers in the 21 adoption, implementation, and meaningful 22 use of electronic health record technolo- 23 gy. 24 Notwithstanding any provision of law to the 25 contrary, the portion of this appropri- 26 ation covering fiscal year 2025-26 shall 27 supersede and replace any duplicative (i) 28 reappropriation for this item covering 29 fiscal year 2025-26, and (ii) appropri- 30 ation for this item covering fiscal year 31 2025-26 set forth in chapter 53 of the 32 laws of 2024 (26952) ........ [<B><S>130,293,000</S></B>] <B><U>347,446,000</U></B> 33 For services and expenses for health homes 34 including grants to health homes. 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 (29548) .......... [<B><S>9,048,000</S></B>] <B><U>12,064,000</U></B> 44 For services and expenses of the medical 45 assistance program including pharmacy 46 services provided, however, that no funds 47 shall be made available pursuant to this 48 appropriation for any drug not explicitly 49 authorized in any enacted law, rule, or 50 regulation without approval from the 51 director of the budget. 52 Notwithstanding any provision of law to the 53 contrary, the portion of this appropri- 54 ation covering fiscal year 2025-26 shall 55 supersede and replace any duplicative (i) 56 reappropriation for this item covering </PRE><P CLASS="brk"><PRE WIDTH="108"> S. 7459 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 (26953) ........ [<B><S>145,428,000</S></B>] <B><U>193,904,000</U></B> 5 For services and expenses of the medical 6 assistance program including transporta- 7 tion 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 (26954) ......... [<B><S>21,516,000</S></B>] <B><U>28,688,000</U></B> 17 For services and expenses of the medical 18 assistance program including dental 19 services. 20 Notwithstanding any provision of law to the 21 contrary, the portion of this appropri- 22 ation covering fiscal year 2025-26 shall 23 supersede and replace any duplicative (i) 24 reappropriation for this item covering 25 fiscal year 2025-26, and (ii) appropri- 26 ation for this item covering fiscal year 27 2025-26 set forth in chapter 53 of the 28 laws of 2024 (26955) ............ [<B><S>246,000</S></B>] <B><U>328,000</U></B> 29 For services and expenses of the medical 30 assistance program including non-institu- 31 tional and other spending. 32 The money hereby appropriated is available 33 for payment of liabilities heretofore 34 accrued or hereafter accrued. 35 Notwithstanding any inconsistent provision 36 of law, the money hereby appropriated may 37 be available for payments to any county or 38 public school districts associated with 39 additional claims for school supportive 40 health services. 41 Notwithstanding any provision of law to the 42 contrary, the portion of this appropri- 43 ation covering fiscal year 2025-26 shall 44 supersede and replace any duplicative (i) 45 reappropriation for this item covering 46 fiscal year 2025-26, and (ii) appropri- 47 ation for this item covering fiscal year 48 2025-26 set forth in chapter 53 of the 49 laws of 2024 (26956) ......... [<B><S>59,406,000</S></B>] <B><U>79,208,000</U></B> 50 For services and expenses of the medical 51 assistance program including medical 52 services provided at state facilities 53 operated by the office of mental health, 54 the office for people with developmental 55 disabilities and the office of addiction 56 services and supports. </PRE><P CLASS="brk"><PRE WIDTH="108"> S. 7459 17 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 (26961) ........ [<B><S>250,200,000</S></B>] <B><U>333,600,000</U></B> 10 -------------- 11 Special Revenue Funds - Federal 12 Federal Health and Human Services Fund 13 Medicaid Direct Account - 25106 14 For services and expenses for the medical 15 assistance program, including administra- 16 tive expenses for local social services 17 districts, pursuant to title XIX of the 18 federal social security act or its succes- 19 sor program. 20 The moneys hereby appropriated are to be 21 available for payment of aid heretofore 22 accrued or hereafter accrued to munici- 23 palities, and to providers of medical 24 services pursuant to section 367-b of the 25 social services law, and for payment of 26 state aid to municipalities and to provid- 27 ers of family care where payment systems 28 through the fiscal intermediaries are not 29 operational. 30 Notwithstanding any inconsistent provision 31 of law, funding made available by these 32 appropriations shall support direct salary 33 costs and related fringe benefits within 34 the medical assistance program associated 35 with any minimum wage increase that takes 36 effect during the timeframe of these 37 appropriations, pursuant to section 652 of 38 the labor law. Each eligible organization 39 in receipt of funding made available by 40 these appropriations may be required to 41 submit written certification, in such form 42 and at such time the commissioner may 43 prescribe, attesting to the total amount 44 of funds used by the eligible organiza- 45 tion, how such funding will be or was used 46 for purposes eligible under these appro- 47 priations and any other reporting deemed 48 necessary by the commissioner. The amounts 49 appropriated herein may include advances 50 to organizations authorized to receive 51 such funds to accomplish this purpose. 52 Notwithstanding any other provision of law, 53 the money hereby appropriated may be 54 increased or decreased by interchange or </PRE><P CLASS="brk"><PRE WIDTH="108"> S. 7459 18 1 transfer, with any appropriation of the 2 department of health and the office of 3 medicaid inspector general and may be 4 increased or decreased by transfer or 5 suballocation between these appropriated 6 amounts and appropriations of the office 7 of mental health, office for people with 8 developmental disabilities, the office of 9 addiction services and supports, the 10 department of family assistance office of 11 temporary and disability assistance, 12 office of children and family services, 13 the department of financial services, 14 department of corrections and community 15 supervision, the office of information 16 technology services, the state university 17 of New York, the state education depart- 18 ment, and the state office for the aging 19 with the approval of the director of the 20 budget, who shall file such approval with 21 the department of audit and control and 22 copies thereof with the chairman of the 23 senate finance committee and the chairman 24 of the assembly ways and means committee. 25 Notwithstanding any inconsistent provision 26 of law, in lieu of payments authorized by 27 the social services law, or payments of 28 federal funds otherwise due to the local 29 social services districts for programs 30 provided under the federal social security 31 act or the federal food stamp act, funds 32 herein appropriated, in amounts certified 33 by the state commissioner of temporary and 34 disability assistance or the state commis- 35 sioner of health as due from local social 36 services districts each month as their 37 share of payments made pursuant to section 38 367-b of the social services law may be 39 set aside by the state comptroller in an 40 interest-bearing account in order to 41 ensure the orderly and prompt payment of 42 providers under section 367-b of the 43 social services law pursuant to an esti- 44 mate provided by the commissioner of 45 health of each local social services 46 district's share of payments made pursuant 47 to section 367-b of the social services 48 law. 49 Notwithstanding any inconsistent provision 50 of law to the contrary, funds shall be 51 made available to the commissioner of the 52 office of mental health or the commission- 53 er of the office of addiction services and 54 supports, in consultation with the commis- 55 sioner of health and approved by the 56 director of the budget, and consistent </PRE><P CLASS="brk"><PRE WIDTH="108"> S. 7459 19 1 with appropriations made therefor, to 2 implement allocation adjustment developed 3 by each such commissioner which shall 4 describe mental health or substance use 5 disorder services that should be developed 6 to meet service needs resulting from the 7 reduction of inpatient behavioral health 8 services provided under the medicaid 9 program, by programs licensed pursuant to 10 article 31 or 32 of the mental hygiene 11 law. Such programs may include programs 12 that are licensed pursuant to both article 13 31 of the mental hygiene law and article 14 28 of the public health law, or certified 15 under both article 32 of the mental 16 hygiene law and article 28 of the public 17 health law. 18 Notwithstanding any inconsistent provision 19 of law, the moneys hereby appropriated may 20 be available for payments associated with 21 the resolution by settlement agreement or 22 judgment of rate appeals and/or litigation 23 where the department of health is a party. 24 Notwithstanding any inconsistent 25 provisions of law, no expenditures shall 26 be used for the medical assistance program 27 for any expenses not explicitly authorized 28 in law without the approval of the direc- 29 tor of the budget. 30 For services and expenses of the medical 31 assistance program including hospital 32 inpatient 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 (26947) ........ [<B><S>173,442,000</S></B>] <B><U>231,256,000</U></B> 42 For services and expenses of the medical 43 assistance program including hospital 44 outpatient and emergency room 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 (26948) ......... [<B><S>31,116,000</S></B>] <B><U>41,488,000</U></B> 54 For services and expenses of the medical 55 assistance program including clinic 56 services. </PRE><P CLASS="brk"><PRE WIDTH="108"> S. 7459 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 (26949) ......... [<B><S>50,901,000</S></B>] <B><U>67,868,000</U></B> 10 For services and expenses of the medical 11 assistance program including nursing home 12 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 (26950) ........ [<B><S>238,077,000</S></B>] <B><U>317,436,000</U></B> 22 For services and expenses of the medical 23 assistance program including other long 24 term care services. 25 Notwithstanding any provision of law to the 26 contrary, the portion of this appropri- 27 ation covering fiscal year 2025-26 shall 28 supersede and replace any duplicative (i) 29 reappropriation for this item covering 30 fiscal year 2025-26, and (ii) appropri- 31 ation for this item covering fiscal year 32 2025-26 set forth in chapter 53 of the 33 laws of 2024 (26951) ....... [<B><S>397,182,000</S></B>] <B><U>1,059,151,000</U></B> 34 For services and expenses of the medical 35 assistance program including managed care 36 services including regional planning 37 activities of the finger lakes health 38 systems agency, including statewide coor- 39 dination and demonstration of best prac- 40 tices. The department shall make grants 41 within amounts appropriated therefor, to 42 assure high-quality and accessible primary 43 care, to provide technical assistance to 44 support financial and business planning 45 for integrated systems of care, and to 46 assist primary care providers in the 47 adoption, implementation, and meaningful 48 use of electronic health record technolo- 49 gy. 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"> S. 7459 21 1 2025-26 set forth in chapter 53 of the 2 laws of 2024 (26952) ....... [<B><S>452,487,000</S></B>] <B><U>1,206,632,000</U></B> 3 For services and expenses of the medical 4 assistance program including pharmacy 5 services, provided, however, that no funds 6 shall be made available pursuant to this 7 appropriation for any drug not explicitly 8 authorized in any heretofore enacted law, 9 rule, or regulation without approval from 10 the director of the budget. 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 (26953) ........ [<B><S>277,848,000</S></B>] <B><U>370,464,000</U></B> 20 For services and expenses of the medical 21 assistance program including transporta- 22 tion 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 (26954) ......... [<B><S>36,705,000</S></B>] <B><U>48,940,000</U></B> 32 For services and expenses of the medical 33 assistance program including dental 34 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 (26955) .......... [<B><S>4,266,000</S></B>] <B><U>5,688,000</U></B> 44 For services and expenses of the medical 45 assistance program including noninstitu- 46 tional and other spending. 47 The money hereby appropriated is available 48 for payment of liabilities heretofore 49 accrued or hereafter accrued. 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"> S. 7459 22 1 2025-26 set forth in chapter 53 of the 2 laws of 2024 (26956) ........ [<B><S>412,893,000</S></B>] <B><U>550,524,000</U></B> 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) ........ [<B><S>250,200,000</S></B>] <B><U>333,600,000</U></B> 19 -------------- 20 § 7. The amounts specified in this section, or so much thereof as 21 shall be sufficient to accomplish the purposes designated, is hereby 22 appropriated and authorized to be paid as hereinafter provided, to the 23 public officers and for the purposes specified, which amount shall be 24 available for the state fiscal year beginning April 1, 2025. 25 JUSTICE CENTER FOR THE PROTECTION 26 OF PEOPLE WITH SPECIAL NEEDS 27 AID TO LOCALITIES 28 COMMUNITY SUPPORT PROGRAMS ..................................... 105,000 29 -------------- 30 General Fund 31 Local Assistance Account - 10000 32 Notwithstanding any other provision of law, 33 the money hereby appropriated may be 34 increased or decreased by interchange, 35 with any appropriation of the justice 36 center for the protection of people with 37 special needs, and may be increased or 38 decreased by transfer or suballocation 39 between these appropriated amounts and 40 appropriations of the office of mental 41 health, office for people with develop- 42 mental disabilities, office of addiction 43 services and supports, department of 44 health, and the office of children and 45 family services with the approval of the 46 director of the budget who shall file such 47 approval with the department of audit and 48 control and copies thereof with the chair- 49 man of the senate finance committee and 50 the chairman of the assembly ways and 51 means committee. </PRE><P CLASS="brk"><PRE WIDTH="108"> S. 7459 23 1 For surrogate decision-making committee 2 program contracts with local service 3 providers (48926) .............................. 105,000 4 -------------- 5 § 8. Section 6 of chapter 113 of the laws of 2025, relating to making 6 appropriations for the support of government, as amended by chapter 120 7 of the laws of 2025, is amended to read as follows: 8 § 6. 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 LABOR 14 AID TO LOCALITIES 15 UNEMPLOYMENT INSURANCE BENEFIT PROGRAM ..... [<B><S>555,000,000</S></B>] <B><U>660,000,000</U></B> 16 -------------- 17 Enterprise Funds 18 Unemployment Insurance Benefit Fund 19 Unemployment Insurance Benefit Account - 50650 20 For payment of unemployment insurance bene- 21 fits pursuant to article 18 of the labor 22 law or as authorized by the federal 23 government through the disaster unemploy- 24 ment assistance program, the emergency 25 unemployment compensation program, the 26 extended benefit program, the federal 27 additional compensation program or any 28 other federally funded unemployment bene- 29 fit program (34787) ........ [<B><S>555,000,000</S></B>] <B><U>660,000,000</U></B> 30 § 9. Section 11 of chapter 119 of the laws of 2025, relating to making 31 appropriations for the support of government, as amended by chapter 120 32 of the laws of 2025, is amended to read as follows: 33 § 11. 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 MENTAL HYGIENE 39 OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES 40 AID TO LOCALITIES 41 COMMUNITY SERVICES PROGRAM ................. [<B><S>305,625,000</S></B>] <B><U>406,378,000</U></B> 42 -------------- 43 General Fund 44 Local Assistance Account - 10000 </PRE><P CLASS="brk"><PRE WIDTH="108"> S. 7459 24 1 For services and expenses of the community 2 services program, net of disallowances, 3 for community programs for people with 4 developmental disabilities pursuant to 5 article 41 of the mental hygiene law, 6 and/or chapter 620 of the laws of 1974, 7 chapter 660 of the laws of 1977, chapter 8 412 of the laws of 1981, chapter 27 of the 9 laws of 1987, chapter 729 of the laws of 10 1989, chapter 329 of the laws of 1993 and 11 other provisions of the mental hygiene 12 law. Notwithstanding any inconsistent 13 provision of law, the following appropri- 14 ation shall be net of prior and/or current 15 year refunds, rebates, reimbursements, and 16 credits. 17 Notwithstanding any other provision of law, 18 advances and reimbursement made pursuant 19 to subdivision (d) of section 41.15 and 20 section 41.18 of the mental hygiene law 21 shall be allocated pursuant to a plan and 22 in a manner prescribed by the agency head 23 and approved by the director of the budg- 24 et. The moneys hereby appropriated are 25 available to reimburse or advance locali- 26 ties and voluntary non-profit agencies for 27 expenditures made during local fiscal 28 periods commencing January 1, 2025, April 29 1, 2025 or July 1, 2025, and for advances 30 for the 3 month period beginning January 31 1, 2026. 32 Notwithstanding the provisions of article 41 33 of the mental hygiene law or any other 34 inconsistent provision of law, rule or 35 regulation, the commissioner, pursuant to 36 such contract and in the manner provided 37 therein, may pay all or a portion of the 38 expenses incurred by such voluntary agen- 39 cies arising out of loans which are funded 40 from the proceeds of bonds and notes 41 issued by the dormitory authority of the 42 state of New York. 43 Notwithstanding any other provision of law, 44 the money hereby appropriated may be 45 transferred to state operations and/or any 46 appropriation of the office for people 47 with developmental disabilities with the 48 approval of the director of the budget. 49 Notwithstanding any inconsistent provision 50 of law, moneys from this appropriation may 51 be used for state aid of up to 100 percent 52 of the net deficit costs of day training 53 programs and family support services. 54 Notwithstanding the provisions of section 55 16.23 of the mental hygiene law and any 56 other inconsistent provision of law, with </PRE><P CLASS="brk"><PRE WIDTH="108"> S. 7459 25 1 relation to the operation of certified 2 family care homes, including family care 3 homes sponsored by voluntary not-for-pro- 4 fit agencies, moneys from this appropri- 5 ation may be used for payments to purchase 6 general services including but not limited 7 to respite providers, up to a maximum of 8 14 days, at rates to be established by the 9 commissioner and approved by the director 10 of the budget in consideration of factors 11 including, but not limited to, geographic 12 area and number of clients cared for in 13 the home and for payment in an amount 14 determined by the commissioner for the 15 personal needs of each client residing in 16 the family care home. 17 Notwithstanding the provisions of subdivi- 18 sion 12 of section 8 of the state finance 19 law and any other inconsistent provision 20 of law, moneys from this appropriation may 21 be used for expenses of family care homes 22 including payments to operators of certi- 23 fied family care homes for damages caused 24 by clients to personal and real property 25 in accordance with standards established 26 by the commissioner and approved by the 27 director of the budget. 28 Notwithstanding any inconsistent provision 29 of law, moneys from this appropriation may 30 be used for appropriate day program 31 services and residential services includ- 32 ing, but not limited to, direct housing 33 subsidies to individuals, start-up 34 expenses for family care providers, envi- 35 ronmental modifications, adaptive technol- 36 ogies, appraisals, property options, 37 feasibility studies and preoperational 38 expenses. 39 Notwithstanding any inconsistent provision 40 of law except pursuant to a chapter of the 41 laws of 2024 authorizing a 2.84 percent 42 cost of living adjustment, for the period 43 commencing on April 1, 2024 and ending 44 March 31, 2025 the commissioner shall not 45 apply any other cost of living adjustment 46 for the purpose of establishing rates of 47 payments, contracts or any other form of 48 reimbursement; provided that this shall 49 not prevent the commissioner from applying 50 prior adjustments for the purpose of 51 establishing rates resulting from a rebas- 52 ing of base year costs. 53 Notwithstanding section 6908 of the educa- 54 tion law and any other provision of law, 55 rule or regulation to the contrary, direct 56 support staff in programs certified or </PRE><P CLASS="brk"><PRE WIDTH="108"> S. 7459 26 1 approved by the office for people with 2 developmental disabilities, including the 3 home and community based services waiver 4 programs that the office for people with 5 developmental disabilities is authorized 6 to administer with federal approval pursu- 7 ant to subdivision (c) of section 1915 of 8 the federal social security act, are 9 authorized to provide such tasks as OPWDD 10 may specify when performed under the 11 supervision, training and periodic 12 inspection of a registered professional 13 nurse and in accordance with an authorized 14 practitioner's ordered care. 15 Notwithstanding any other provision of law 16 to the contrary, and consistent with 17 section 33.07 of the mental hygiene law, 18 the directors of facilities licensed but 19 not operated by the office for people with 20 developmental disabilities who act as 21 federally-appointed representative payees 22 and who assume management responsibility 23 over the funds of a resident may continue 24 to use such funds for the cost of the 25 resident's care and treatment, consistent 26 with federal law and regulations. 27 Funds appropriated herein shall be available 28 in accordance with the following: 29 Notwithstanding any inconsistent provision 30 of law, the director of the budget is 31 authorized to make suballocations from 32 this appropriation to the department of 33 health medical assistance program. 34 Notwithstanding any inconsistent provision 35 of law, and pursuant to criteria estab- 36 lished by the commissioner of the office 37 for people with developmental disabilities 38 and approved by the director of the budg- 39 et, expenditures may be made from this 40 appropriation for residential facilities 41 which are pending recertification as 42 intermediate care facilities for people 43 with developmental disabilities. 44 Notwithstanding the provisions of section 45 41.36 of the mental hygiene law and any 46 other inconsistent provision of law, 47 moneys from this appropriation may be used 48 for payment up to $250 per year per 49 client, at such times and in such manner 50 as determined by the commissioner on the 51 basis of financial need for the personal 52 needs of each client residing in voluntar- 53 y-operated community residences and volun- 54 tary-operated community residential alter- 55 natives, including individualized 56 residential alternatives under the home </PRE><P CLASS="brk"><PRE WIDTH="108"> S. 7459 27 1 and community based services waiver. The 2 commissioner shall, subject to the 3 approval of the director of the budget, 4 alter existing advance payment schedules 5 for voluntary-operated community resi- 6 dences established pursuant to section 7 41.36 of the mental hygiene law. 8 Notwithstanding any inconsistent provision 9 of law, moneys from this appropriation may 10 be used for the operation of clinics 11 licensed pursuant to article 16 of the 12 mental hygiene law including, but not 13 limited to, supportive and habilitative 14 services consistent with the home and 15 community based services waiver. 16 For the state share of medical assistance 17 services expenses incurred by the depart- 18 ment of health for the provision of 19 medical assistance services to people with 20 developmental disabilities (37835) ....... 21 ............................. [<B><S>277,014,000</S></B>] <B><U>369,352,000</U></B> 22 For services and expenses of the community 23 services program, net of disallowances, 24 for community programs for people with 25 developmental disabilities pursuant to 26 article 41 of the mental hygiene law, 27 and/or chapter 620 of the laws of 1974, 28 chapter 660 of the laws of 1977, chapter 29 412 of the laws of 1981, chapter 27 of the 30 laws of 1987, chapter 729 of the laws of 31 1989, chapter 329 of the laws of 1993 and 32 other provisions of the mental hygiene 33 law. Notwithstanding any inconsistent 34 provision of law, the following appropri- 35 ation shall be net of prior and/or current 36 year refunds, rebates, reimbursements, and 37 credits. 38 Notwithstanding any other provision of law, 39 advances and reimbursement made pursuant 40 to subdivision (d) of section 41.15 and 41 section 41.18 of the mental hygiene law 42 shall be allocated pursuant to a plan and 43 in a manner prescribed by the agency head 44 and approved by the director of the budg- 45 et. The moneys hereby appropriated are 46 available to reimburse or advance locali- 47 ties and voluntary non-profit agencies for 48 expenditures made during local fiscal 49 periods commencing January 1, 2025, April 50 1, 2025 or July 1, 2025, and for advances 51 for the 3 month period beginning January 52 1, 2026. 53 Notwithstanding the provisions of article 41 54 of the mental hygiene law or any other 55 inconsistent provision of law, rule or 56 regulation, the commissioner, pursuant to </PRE><P CLASS="brk"><PRE WIDTH="108"> S. 7459 28 1 such contract and in the manner provided 2 therein, may pay all or a portion of the 3 expenses incurred by such voluntary agen- 4 cies arising out of loans which are funded 5 from the proceeds of bonds and notes 6 issued by the dormitory authority of the 7 state of New York. 8 Notwithstanding any other provision of law, 9 the money hereby appropriated may be 10 transferred to state operations and/or any 11 appropriation of the office for people 12 with developmental disabilities with the 13 approval of the director of the budget. 14 Notwithstanding any inconsistent provision 15 of law, moneys from this appropriation may 16 be used for state aid of up to 100 percent 17 of the net deficit costs of day training 18 programs and family support services. 19 Notwithstanding the provisions of section 20 16.23 of the mental hygiene law and any 21 other inconsistent provision of law, with 22 relation to the operation of certified 23 family care homes, including family care 24 homes sponsored by voluntary not-for-pro- 25 fit agencies, moneys from this appropri- 26 ation may be used for payments to purchase 27 general services including but not limited 28 to respite providers, up to a maximum of 29 14 days, at rates to be established by the 30 commissioner and approved by the director 31 of the budget in consideration of factors 32 including, but not limited to, geographic 33 area and number of clients cared for in 34 the home and for payment in an amount 35 determined by the commissioner for the 36 personal needs of each client residing in 37 the family care home. 38 Notwithstanding the provisions of subdivi- 39 sion 12 of section 8 of the state finance 40 law and any other inconsistent provision 41 of law, moneys from this appropriation may 42 be used for expenses of family care homes 43 including payments to operators of certi- 44 fied family care homes for damages caused 45 by clients to personal and real property 46 in accordance with standards established 47 by the commissioner and approved by the 48 director of the budget. 49 Notwithstanding any inconsistent provision 50 of law, moneys from this appropriation may 51 be used for appropriate day program 52 services and residential services includ- 53 ing, but not limited to, direct housing 54 subsidies to individuals, start-up 55 expenses for family care providers, envi- 56 ronmental modifications, adaptive technol- </PRE><P CLASS="brk"><PRE WIDTH="108"> S. 7459 29 1 ogies, appraisals, property options, 2 feasibility studies and preoperational 3 expenses. 4 Notwithstanding any inconsistent provision 5 of law except pursuant to a chapter of the 6 laws of 2024 authorizing a 2.84 percent 7 cost of living adjustment, for the period 8 commencing on April 1, 2024 and ending 9 March 31, 2025 the commissioner shall not 10 apply any other cost of living adjustment 11 for the purpose of establishing rates of 12 payments, contracts or any other form of 13 reimbursement; provided that this shall 14 not prevent the commissioner from applying 15 prior adjustments for the purpose of 16 establishing rates resulting from a rebas- 17 ing of base year costs. 18 Notwithstanding section 6908 of the educa- 19 tion law and any other provision of law, 20 rule or regulation to the contrary, direct 21 support staff in programs certified or 22 approved by the office for people with 23 developmental disabilities, including the 24 home and community based services waiver 25 programs that the office for people with 26 developmental disabilities is authorized 27 to administer with federal approval pursu- 28 ant to subdivision (c) of section 1915 of 29 the federal social security act, are 30 authorized to provide such tasks as OPWDD 31 may specify when performed under the 32 supervision, training and periodic 33 inspection of a registered professional 34 nurse and in accordance with an authorized 35 practitioner's ordered care. 36 Notwithstanding any other provision of law 37 to the contrary, and consistent with 38 section 33.07 of the mental hygiene law, 39 the directors of facilities licensed but 40 not operated by the office for people with 41 developmental disabilities who act as 42 federally-appointed representative payees 43 and who assume management responsibility 44 over the funds of a resident may continue 45 to use such funds for the cost of the 46 resident's care and treatment, consistent 47 with federal law and regulations. 48 Funds appropriated herein shall be available 49 in accordance with the following: 50 Notwithstanding any other provision of law 51 to the contrary, funds appropriated herein 52 are available to reimburse in- and out-of- 53 state private residential schools, pursu- 54 ant to subdivision (c) of section 13.37-a 55 and subdivision (g) of section 13.38 of 56 the mental hygiene law, for costs of </PRE><P CLASS="brk"><PRE WIDTH="108"> S. 7459 30 1 supporting the residential and day program 2 services available to individuals who are 3 over the age of 21 years of age, provided 4 that the amount paid for residential 5 services and/or maintenance costs is net 6 of any supplemental security income bene- 7 fit to which the individual receiving 8 services is eligible, and provided further 9 that funding for nonresidential services 10 will be in an amount not to exceed the 11 maximum reimbursement for appropriate day 12 services delivered by the office for 13 people with developmental disabilities 14 certified or approved providers other than 15 in- and out-of-state private residential 16 schools, unless otherwise authorized by 17 the director of the budget. 18 Notwithstanding section 163 of the state 19 finance law, section 142 of the economic 20 development law, and article 41 of the 21 mental hygiene law, the commissioner of 22 the office for people with developmental 23 disabilities may make the funds appropri- 24 ated herein available as state aid, a loan 25 or a grant, pursuant to terms and condi- 26 tions established by the commissioner of 27 the office for people with developmental 28 disabilities, to cover a portion of the 29 development costs of private, public 30 and/or non-profit organizations, including 31 corporations and partnerships established 32 pursuant to the private housing finance 33 law and/or any other statutory provisions, 34 for supportive housing units that have 35 been set aside for individuals with intel- 36 lectual and developmental disabilities. 37 Further, the office for people with develop- 38 mental disabilities shall have a lien on 39 the real property developed with such 40 state aid, loans or grants, which shall be 41 in the amount of the loan or grant, for a 42 maximum term of 30 years, or other longer 43 term consistent with the requirements of 44 another regulatory agency. 45 For services and expenses related to the 46 provision of residential services to 47 people with developmental disabilities 48 (37802) ..................... [<B><S>16,609,000</S></B>] <B><U>21,494,000</U></B> 49 For services and expenses related to the 50 provision of day program services to 51 people with developmental disabilities 52 (37803) ...................... [<B><S>4,080,000</S></B>] <B><U>5,280,000</U></B> 53 For services and expenses related to the 54 provision of family support services to 55 people with developmental disabilities 56 (37804) ...................... [<B><S>4,590,000</S></B>] <B><U>5,940,000</U></B> </PRE><P CLASS="brk"><PRE WIDTH="108"> S. 7459 31 1 For services and expenses related to the 2 provision of workshop, day training and 3 employment services to people with devel- 4 opmental disabilities. Notwithstanding any 5 other provision of law, up to $800,000 of 6 this appropriation may be transferred to 7 the New York State Education Departments' 8 Adult Career and Continuing Education 9 Services - Vocational Rehabilitation 10 (ACCES-VR) program to support the Long- 11 Term Sheltered Employment program operated 12 by FEDCAP Rehabilitation Services, Inc. 13 (37805) ...................... [<B><S>2,652,000</S></B>] <B><U>3,432,000</U></B> 14 For other services and expenses provided to 15 people with developmental disabilities 16 including but not limited to hepatitis B, 17 care at home waiver, epilepsy services, 18 Special Olympics New York, Inc. and volun- 19 tary fingerprinting (37806) .... [<B><S>680,000</S></B>] <B><U>880,000</U></B> 20 -------------- 21 § 10. Section 8 of chapter 113 of the laws of 2025, relating to making 22 appropriations for the support of government, as amended by chapter 120 23 of the laws of 2025, is amended to read as follows: 24 § 8. The amounts specified in this section, or so much thereof as 25 shall be sufficient to accomplish the purposes designated, is hereby 26 appropriated and authorized to be paid as hereinafter provided, to the 27 public officers and for the purposes specified, which amount shall be 28 available for the state fiscal year beginning April 1, 2025. 29 DEPARTMENT OF VETERANS' SERVICES 30 AID TO LOCALITIES 31 BLIND VETERAN ANNUITY ASSISTANCE PROGRAM ....................... 385,000 32 -------------- 33 General Fund 34 Local Assistance Account - 10000 35 For payment of annuities to blind veterans 36 and eligible surviving spouses. Up to 37 $15,000 of this appropriation may be 38 transferred to state operations for admin- 39 istrative costs associated with this 40 program (54606) ................................ 385,000 41 VETERANS' BENEFITS ADVISING PROGRAM ............. [<B><S>238,000</S></B>] <B><U>308,000</U></B> 42 -------------- 43 Special Revenue Funds - Other 44 Homeless Veterans Assistance Fund 45 Homeless Veterans Assistance Account - 20204 </PRE><P CLASS="brk"><PRE WIDTH="108"> S. 7459 32 1 For services and expenses related to home- 2 less veterans' housing (54815) .. [<B><S>238,000</S></B>] <B><U>308,000</U></B> 3 § 11. No expenditure may be made from any appropriation in this act, 4 until a certificate of approval has been issued by the director of the 5 budget and a copy of such certificate shall have been filed with the 6 state comptroller, the chairman of the senate finance committee and the 7 chairman of the assembly ways and means committee provided, however, 8 that any expenditures from any appropriation in this act made by the 9 legislature or judiciary shall not require such certificate. 10 § 12. All expenditures and disbursements made against the appropri- 11 ations in this act shall, upon final action by the legislature on appro- 12 priation bills submitted by the governor pursuant to article VII of the 13 state constitution for the support of government for the state fiscal 14 year beginning April 1, 2025, be transferred by the comptroller as 15 expenditures and disbursements to such appropriations for all state 16 departments and agencies, as applicable, in amounts equal to the amounts 17 charged against the appropriations in this act for each such department, 18 agency, and the legislature and the judiciary. 19 § 13. Severability clause. If any clause, sentence, paragraph, subdi- 20 vision, section or part of this act shall be adjudged by any court of 21 competent jurisdiction to be invalid, such judgment shall not affect, 22 impair, or invalidate the remainder thereof, but shall be confined in 23 its operation to the clause, sentence, paragraph, subdivision, section 24 or part thereof directly involved in the controversy in which such judg- 25 ment shall have been rendered. It is hereby declared to be the intent of 26 the legislature that this act would have been enacted even if such 27 invalid provisions had not been included herein. 28 § 14. This act shall take effect immediately and shall be deemed to 29 have been in full force and effect on and after April 1, 2025; provided, 30 however, that upon the transfer of expenditures and disbursements by the 31 comptroller as provided in section twelve of this act, the appropri- 32 ations made by this act and subject to such section shall be deemed 33 repealed. |
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