Shown verbatim: the complete text as captured from the official source posted by the New York State Senate, fetched 2026-08-11. Nothing is edited or removed. Where this bill amends existing law, language marked for deletion in the official source appears here in brackets. The official bill page.
S T A T E O F N E W Y O R K
________________________________________________________________________
10760
I N A S S E M B L Y
March 30, 2026
___________
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; and provid-
ing for the repeal of such provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. The legislature hereby finds and
declares that the enactment of these appropriations provides sufficient
authority to the comptroller for the purpose of making payments for the
purposes described herein until such time as appropriation bills submit-
ted by the governor pursuant to article VII of the state constitution
for the support of government for the state fiscal year beginning April
1, 2026 are enacted.
§ 2. The amounts specified in this section, or so much thereof as
shall be sufficient to accomplish the purposes designated, is hereby
appropriated and authorized to be paid as hereinafter provided, to the
public officers and for the purpose specified, which amount shall be
available for the state fiscal year beginning April 1, 2026.
ALL STATE DEPARTMENTS AND AGENCIES
For the purpose of making payments for
personal service, including liabilities
incurred prior to April 1, 2026, on the
payrolls scheduled to be paid during the
period April 1 through April 7, 2026 to
state officers and employees of the execu-
tive branch. This appropriation also
includes payments for services performed
by mentally ill or developmentally disa-
bled persons who are employed in state-op-
erated special employment, work-for-pay or
sheltered workshop programs ................ 247,904,000
--------------
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12026-01-6
A. 10760 2
§ 3. The amount specified in this section, or so much thereof as shall
be sufficient to accomplish the purpose designated, is hereby appropri-
ated and authorized to be paid as hereinafter provided, to the public
officers and for the purpose specified, which amount shall be available
for the state fiscal year beginning April 1, 2026.
ALL STATE DEPARTMENTS AND AGENCIES
For the payment of state operations non
personal service liabilities to the execu-
tive branch, including the comptroller,
and the attorney general, incurred in the
ordinary course of business, during the
period April 1 through April 7, 2026,
pursuant to existing state law and for
purposes for which the legislature author-
ized the expenditure of moneys during the
2025-2026 state fiscal year; provided,
however, that nothing contained herein
shall be deemed to limit or restrict the
power or authority of state departments or
agencies to conduct their activities or
operations in accordance with existing
law, and further provided that nothing
contained herein shall be deemed to super-
sede, nullify or modify the provisions of
section 40 of the state finance law
prescribing when appropriations made for
the 2025-2026 state fiscal year shall have
ceased to have force and effect ............. 10,000,000
--------------
§ 4. The amounts specified in this section, or so much thereof as
shall be sufficient to accomplish the purposes designated, is hereby
appropriated and authorized to be paid as hereinafter provided, to the
public officers and for the purposes specified, which amount shall be
available for the state fiscal year beginning April 1, 2026.
MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES
GENERAL STATE CHARGES
STATE OPERATIONS
GENERAL STATE CHARGES ...................................... 22,525,000
--------------
General Fund
State Purposes Account - 10050
For employee fringe benefits according to
the following project schedule including
those benefits which are related to
employees paid from funds, accounts, or
programs where the division of the budget
has issued waivers .......................... 22,525,000
A. 10760 3
Project Schedule
PROJECT AMOUNT
--------------------------------------------
For the state's contribution
to the social security
contribution fund ............. 21,500,000
For the payment of the metro-
politan commuter transporta-
tion mobility tax pursuant
to article 23 of the tax
law, as added by chapter 25
of the laws of 2009, on
behalf of the state employ-
ees employed in the metro-
politan commuter transporta-
tion district .................... 675,000
For the state's share of
contributions to the volun-
tary defined contribution
plan made on behalf of
eligible employees pursuant
to chapter 18 of the laws of
2012 who elect to partic-
ipate in such plan and who
are not otherwise eligible
to participate in the SUNY
optional retirement program ...... 350,000
--------------
Project schedule total .... 22,525,000
--------------
§ 5. The amounts specified in this section, or so much thereof as
shall be sufficient to accomplish the purposes designated, is hereby
appropriated and authorized to be paid as hereinafter provided, to the
public officers and for the purposes specified, which amount shall be
available for the state fiscal year beginning April 1, 2026.
DEPARTMENT OF HEALTH
AID TO LOCALITIES
CENTER FOR COMMUNITY HEALTH PROGRAM .......................... 6,420,000
--------------
Special Revenue Funds - Federal
Federal USDA-Food and Nutrition Services Fund
Federal Food and Nutrition Services Account - 25022
For various federal food and nutritional
services. The moneys hereby appropriated
shall be available for payment of finan-
cial assistance heretofore accrued (26986) ... 6,420,000
--------------
MEDICAL ASSISTANCE PROGRAM ................................. 609,931,000
--------------
A. 10760 4
General Fund
Local Assistance Account - 10000
For the medical assistance program, includ-
ing administrative expenses, for local
social services districts, and for medical
care rates for authorized child care agen-
cies.
Notwithstanding section 40 of the state
finance law or any provision of law to the
contrary, subject to federal approval,
department of health state funds medicaid
spending, excluding payments for medical
services provided at state facilities
operated by the office of mental health,
the office for people with developmental
disabilities and the office of addiction
services and supports and further exclud-
ing any payments which are not appropri-
ated within the department of health, in
the aggregate, for the period April 1,
2026 through March 31, 2027, shall not
exceed $36,099,200,000 except as provided
below provided, however, such aggregate
limits may be adjusted by the director of
the budget to account for any changes in
the New York state federal medical assist-
ance percentage amount established pursu-
ant to the federal social security act,
increases in provider revenues, reductions
in local social services district payments
for medical assistance administration,
minimum wage increases, and beginning
April 1, 2012 the operational costs of the
New York state medical indemnity fund,
pursuant to chapter 59 of the laws of
2011, and state costs or savings from the
essential plan program. Such projections
may be adjusted by the director of the
budget to account for increased or expe-
dited department of health state funds
medicaid expenditures as a result of a
natural or other type of disaster, includ-
ing a governmental declaration of emergen-
cy.
The director of the budget, in consultation
with the commissioner of health, shall
assess on a quarterly basis known and
projected medicaid expenditures by catego-
ry of service and by geographic region, as
defined by the commissioner, incurred both
prior to and subsequent to such assessment
for each such period, and if the director
of the budget determines that such expend-
itures are expected to cause medicaid
spending for such period to exceed the
A. 10760 5
aggregate limit specified herein for such
period, the state medicaid director, in
consultation with the director of the
budget and the commissioner of health,
shall develop a medicaid savings allo-
cation adjustment to limit such spending
to the aggregate limit specified herein
for such period.
Such medicaid savings allocation adjustment
shall be designed, to reduce the expendi-
tures authorized by the appropriations
herein in compliance with the following
guidelines: (1) reductions shall be made
in compliance with applicable federal law,
including the provisions of the Patient
Protection and Affordable Care Act, Public
Law No. 111-148, and the Health Care and
Education Reconciliation Act of 2010,
Public Law No. 111-152 (collectively
"Affordable Care Act") and any subsequent
amendments thereto or regulations promul-
gated thereunder; (2) reductions shall be
made in a manner that complies with the
state medicaid plan approved by the feder-
al centers for medicare and medicaid
services, provided, however, that the
commissioner of health is authorized to
submit any state plan amendment or seek
other federal approval, including waiver
authority, to implement the provisions of
the medicaid savings allocation adjustment
that meets the other criteria set forth
herein; (3) reductions shall be made in a
manner that maximizes federal financial
participation, to the extent practicable,
including any federal financial partic-
ipation that is available or is reasonably
expected to become available, in the
discretion of the commissioner, under the
Affordable Care Act; (4) reductions shall
be made uniformly among categories of
services and geographic regions of the
state, to the extent practicable, and
shall be made uniformly within a category
of service, to the extent practicable,
except where the commissioner determines
that there are sufficient grounds for
non-uniformity, including but not limited
to: the extent to which specific catego-
ries of services contributed to department
of health medicaid state funds spending in
excess of the limits specified herein; the
need to maintain safety net services in
underserved communities; or the potential
benefits of pursuing innovative payment
models contemplated by the Affordable Care
A. 10760 6
Act, in which case such grounds shall be
set forth in the medicaid savings allo-
cation adjustment; and (5) reductions
shall be made in a manner that does not
unnecessarily create administrative
burdens to medicaid applicants and recipi-
ents or providers.
The commissioner shall seek the input of the
legislature, as well as organizations
representing health care providers,
consumers, businesses, workers, health
insurers, and others with relevant exper-
tise, in developing such medicaid savings
allocation adjustment, to the extent that
all or part of such adjustment, in the
discretion of the commissioner, is likely
to have a material impact on the overall
medicaid program, particular categories of
service or particular geographic regions
of the state.
(a) The commissioner shall post the medicaid
savings allocation adjustment on the
department of health's website and shall
provide written copies of such adjustment
to the chairs of the senate finance and
the assembly ways and means committees at
least 30 days before the date on which
implementation is expected to begin.
(b) The commissioner may revise the medicaid
savings allocation adjustment subsequent
to the provisions of notice and prior to
implementation but needs to provide a new
notice pursuant to subparagraph (i) of
this paragraph only if the commissioner
determines, in his or her discretion, that
such revisions materially alter the
adjustment.
Notwithstanding the provisions of paragraphs
(a) and (b) of this subdivision, the
commissioner need not seek the input
described in paragraph (a) of this subdi-
vision or provide notice pursuant to para-
graph (b) of this subdivision if, in the
discretion of the commissioner, expedited
development and implementation of a medi-
caid savings allocation adjustment is
necessary due to a public health emergen-
cy.
For purposes of this section, a public
health emergency is defined as: (i) a
disaster, natural or otherwise, that
significantly increases the immediate need
for health care personnel in an area of
the state; (ii) an event or condition that
creates a widespread risk of exposure to a
serious communicable disease, or the
A. 10760 7
potential for such widespread risk of
exposure; or (iii) any other event or
condition determined by the commissioner
to constitute an imminent threat to public
health.
Nothing in this paragraph shall be deemed to
prevent all or part of such medicaid
savings allocation adjustment from taking
effect retroactively to the extent permit-
ted by the federal centers for medicare
and medicaid services.
In accordance with the medicaid savings
allocation adjustment, the commissioner of
the department of health shall reduce
department of health state funds medicaid
spending by the amount of the projected
overspending through, actions including,
but not limited to modifying or suspending
reimbursement methods, including but not
limited to all fees, premium levels and
rates of payment, notwithstanding any
provision of law that sets a specific
amount or methodology for any such
payments or rates of payment; modifying or
discontinuing medicaid program benefits;
seeking all necessary federal approvals,
including, but not limited to waivers,
waiver amendments; and suspending time
frames for notice, approval or certif-
ication of rate requirements, notwith-
standing any provision of law, rule or
regulation to the contrary, including but
not limited to sections 2807 and 3614 of
the public health law, section 18 of chap-
ter 2 of the laws of 1988, and 18 NYCRR
505.14(h).
The department of health shall prepare a
quarterly report that sets forth: (a)
known and projected department of health
medicaid expenditures as described in
subdivision (1) of this section, and
factors that could result in medicaid
disbursements for the relevant state
fiscal year to exceed the projected
department of health state funds disburse-
ments in the enacted budget financial plan
pursuant to subdivision 3 of section 23 of
the state finance law, including spending
increases or decreases due to: enrollment
fluctuations, rate changes, utilization
changes, MRT investments, and shift of
beneficiaries to managed care; and vari-
ations in offline medicaid payments; and
(b) the actions taken to implement any
medicaid savings allocation adjustment
implemented pursuant to subdivision (4) of
A. 10760 8
this section, including information
concerning the impact of such actions on
each category of service and each
geographic region of the state. Each such
quarterly report shall be provided to the
chairs of the senate finance and the
assembly ways and means committees and
shall be posted on the department of
health's website in a timely manner.
The money hereby appropriated is to be
available for payment of aid heretofore
accrued or hereafter accrued to munici-
palities, and to providers of medical
services pursuant to section 367-b of the
social services law, and for payment of
state aid to municipalities and to provid-
ers of family care where payment systems
through the fiscal intermediaries are not
operational.
Notwithstanding any inconsistent provision
of law to the contrary, funds may be used
by the department for outside legal
assistance on issues involving the federal
government, the conduct of preadmission
screening and annual resident reviews
required by the state's medicaid program,
computer matching with insurance carriers
to insure that medicaid is the payer of
last resort and activities related to the
management of the pharmacy benefit avail-
able under the medicaid program.
Notwithstanding any inconsistent provision
of law, in lieu of payments authorized by
the social services law, or payments of
federal funds otherwise due to the local
social services districts for programs
provided under the federal social security
act or the federal food stamp act, funds
herein appropriated, in amounts certified
by the state commissioner of temporary and
disability assistance or the state commis-
sioner of health as due from local social
services districts each month as their
share of payments made pursuant to section
367-b of the social services law may be
set aside by the state comptroller in an
interest-bearing account in order to
ensure the orderly and prompt payment of
providers under section 367-b of the
social services law pursuant to an esti-
mate provided by the commissioner of
health of each local social services
district's share of payments made pursuant
to section 367-b of the social services
law.
A. 10760 9
Notwithstanding any inconsistent provision
of law, funding made available by these
appropriations shall support direct salary
costs and related fringe benefits within
the medical assistance program associated
with any minimum wage increase that takes
effect during the timeframe of these
appropriations, pursuant to section 652 of
the labor law. Each eligible organization
in receipt of funding made available by
these appropriations may be required to
submit written certification, in such form
and at such time the commissioner may
prescribe, attesting to the total amount
of funds used by the eligible organiza-
tion, how such funding will be or was used
for purposes eligible under these appro-
priations and any other reporting deemed
necessary by the commissioner. The amounts
appropriated herein may include advances
to organizations authorized to receive
such funds to accomplish this purpose.
Notwithstanding any other provision of law,
the money hereby appropriated may be
increased or decreased by interchange or
transfer, with any appropriation of the
department of health and the office of
medicaid inspector general and may be
increased or decreased by transfer or
suballocation between these appropriated
amounts and appropriations of the depart-
ment of health state purpose account, the
office of mental health, office for people
with developmental disabilities, the
office of addiction services and supports,
the department of family assistance office
of temporary and disability assistance,
the department of corrections and communi-
ty supervision, the office of information
technology services, the state university
of New York, and office of children and
family services, the office of medicaid
inspector general, the state education
department, and the state office for the
aging with the approval of the director of
the budget, who shall file such approval
with the department of audit and control
and copies thereof with the chairman of
the senate finance committee and the
chairman of the assembly ways and means
committee.
Notwithstanding any inconsistent provision
of law to the contrary, the moneys hereby
appropriated may be used for payments to
the centers for medicaid and medicare
services for obligations incurred related
A. 10760 10
to the pharmaceutical costs of dually
eligible medicare/medicaid beneficiaries
participating in the medicare drug benefit
authorized by P.L. 108-173.
Notwithstanding any inconsistent provision
of law, the moneys hereby appropriated
shall not be used for any existing rates,
fees, fee schedule, or procedures which
may affect the cost of care and services
provided by personal care providers, case
managers, health maintenance organiza-
tions, out of state medical facilities
which provide care and services to resi-
dents of the state, providers of transpor-
tation services, that are altered,
amended, adjusted or otherwise changed by
a local social services district unless
previously approved by the department of
health and the director of the budget.
Notwithstanding any inconsistent provision
of law to the contrary, funds shall be
made available to the commissioner of the
office of mental health or the commission-
er of the office of addiction services and
supports, in consultation with the commis-
sioner of health and approved by the
director of the budget, and consistent
with appropriations made therefor, to
implement allocation adjustment developed
by each such commissioner which shall
describe mental health or substance use
disorder services that should be developed
to meet service needs resulting from the
reduction of inpatient behavioral health
services provided under the medicaid
program, by programs licensed pursuant to
article 31 or 32 of the mental hygiene
law. Such programs may include programs
that are licensed pursuant to both article
31 of the mental hygiene law and article
28 of the public health law, or certified
under both article 32 of the mental
hygiene law and article 28 of the public
health law.
Notwithstanding any inconsistent provision
of law, the moneys hereby appropriated may
be available for payments associated with
the resolution by settlement agreement or
judgment of rate appeals and/or litigation
where the department of health is a party.
For services and expenses of the medical
assistance program including hospital
inpatient services and general hospitals
that are safety-net providers that evince
severe financial distress, pursuant to
criteria determined by the commissioner,
A. 10760 11
shall be eligible for awards for amounts
appropriated herein, to enable such
providers to maintain operations and vital
services while establishing long term
solutions to achieve sustainable health
services.
Notwithstanding any inconsistent provisions
of law, no expenditures shall be used for
the medical assistance program for any
expenses not explicitly authorized in law
without the approval of the director of
the budget.
Notwithstanding any provision of law to the
contrary, the portion of this appropri-
ation covering fiscal year 2026-27 shall
supersede and replace any duplicative (i)
reappropriation for this item covering
fiscal year 2026-27, and (ii) appropri-
ation for this item covering fiscal year
2026-27 set forth in chapter 53 of the
laws of 2025 (26947) ........................ 24,238,000
For services and expenses of the medical
assistance program including hospital
outpatient and emergency room services.
Notwithstanding any provision of law to the
contrary, the portion of this appropri-
ation covering fiscal year 2026-27 shall
supersede and replace any duplicative (i)
reappropriation for this item covering
fiscal year 2026-27, and (ii) appropri-
ation for this item covering fiscal year
2026-27 set forth in chapter 53 of the
laws of 2025 (26948) ......................... 7,249,000
For services and expenses of the medical
assistance program including clinic
services.
Notwithstanding any provision of law to the
contrary, the portion of this appropri-
ation covering fiscal year 2026-27 shall
supersede and replace any duplicative (i)
reappropriation for this item covering
fiscal year 2026-27, and (ii) appropri-
ation for this item covering fiscal year
2026-27 set forth in chapter 53 of the
laws of 2025 (26949) ........................ 14,198,000
For services and expenses of the medical
assistance program including nursing home
services.
Notwithstanding any provision of law to the
contrary, the portion of this appropri-
ation covering fiscal year 2026-27 shall
supersede and replace any duplicative (i)
reappropriation for this item covering
fiscal year 2026-27, and (ii) appropri-
ation for this item covering fiscal year
A. 10760 12
2026-27 set forth in chapter 53 of the
laws of 2025 (26950) ........................ 35,685,000
For services and expenses of the medical
assistance program including other long
term care services.
Notwithstanding any provision of law to the
contrary, the portion of this appropri-
ation covering fiscal year 2026-27 shall
supersede and replace any duplicative (i)
reappropriation for this item covering
fiscal year 2026-27, and (ii) appropri-
ation for this item covering fiscal year
2026-27 set forth in chapter 53 of the
laws of 2025 (26951) ....................... 169,986,000
For services and expenses of the medical
assistance program including managed care
services including regional planning
activities of the finger lakes health
systems agency, including statewide coor-
dination and demonstration of best prac-
tices. The department shall make grants
within amounts appropriated therefor, to
assure high-quality and accessible primary
care, to provide technical assistance to
support financial and business planning
for integrated systems of care, and to
assist primary care providers in the
adoption, implementation, and meaningful
use of electronic health record technolo-
gy.
Notwithstanding any provision of law to the
contrary, the portion of this appropri-
ation covering fiscal year 2026-27 shall
supersede and replace any duplicative (i)
reappropriation for this item covering
fiscal year 2026-27, and (ii) appropri-
ation for this item covering fiscal year
2026-27 set forth in chapter 53 of the
laws of 2025 (26952) ....................... 155,710,000
For services and expenses for health homes
including grants to health homes.
Notwithstanding any provision of law to the
contrary, the portion of this appropri-
ation covering fiscal year 2026-27 shall
supersede and replace any duplicative (i)
reappropriation for this item covering
fiscal year 2026-27, and (ii) appropri-
ation for this item covering fiscal year
2026-27 set forth in chapter 53 of the
laws of 2025 (29548) ......................... 3,770,000
For services and expenses of the medical
assistance program including pharmacy
services provided, however, that no funds
shall be made available pursuant to this
appropriation for any drug not explicitly
authorized in any enacted law, rule, or
A. 10760 13
regulation without approval from the
director of the budget.
Notwithstanding any provision of law to the
contrary, the portion of this appropri-
ation covering fiscal year 2026-27 shall
supersede and replace any duplicative (i)
reappropriation for this item covering
fiscal year 2026-27, and (ii) appropri-
ation for this item covering fiscal year
2026-27 set forth in chapter 53 of the
laws of 2025 (26953) ........................ 71,926,000
For services and expenses of the medical
assistance program including transporta-
tion services.
Notwithstanding any provision of law to the
contrary, the portion of this appropri-
ation covering fiscal year 2026-27 shall
supersede and replace any duplicative (i)
reappropriation for this item covering
fiscal year 2026-27, and (ii) appropri-
ation for this item covering fiscal year
2026-27 set forth in chapter 53 of the
laws of 2025 (26954) ........................ 10,332,000
For services and expenses of the medical
assistance program including dental
services.
Notwithstanding any provision of law to the
contrary, the portion of this appropri-
ation covering fiscal year 2026-27 shall
supersede and replace any duplicative (i)
reappropriation for this item covering
fiscal year 2026-27, and (ii) appropri-
ation for this item covering fiscal year
2026-27 set forth in chapter 53 of the
laws of 2025 (26955) ............................ 79,000
For services and expenses of the medical
assistance program including non-institu-
tional and other spending.
The money hereby appropriated is available
for payment of liabilities heretofore
accrued or hereafter accrued.
Notwithstanding any inconsistent provision
of law, the money hereby appropriated may
be available for payments to any county or
public school districts associated with
additional claims for school supportive
health services.
Notwithstanding any provision of law to the
contrary, the portion of this appropri-
ation covering fiscal year 2026-27 shall
supersede and replace any duplicative (i)
reappropriation for this item covering
fiscal year 2026-27, and (ii) appropri-
ation for this item covering fiscal year
2026-27 set forth in chapter 53 of the
laws of 2025 (26956) ........................ 20,604,000
A. 10760 14
For services and expenses of the medical
assistance program including medical
services provided at state facilities
operated by the office of mental health,
the office for people with developmental
disabilities and the office of addiction
services and supports.
Notwithstanding any provision of law to the
contrary, the portion of this appropri-
ation covering fiscal year 2026-27 shall
supersede and replace any duplicative (i)
reappropriation for this item covering
fiscal year 2026-27, and (ii) appropri-
ation for this item covering fiscal year
2026-27 set forth in chapter 53 of the
laws of 2025 (26961) ........................ 96,154,000
--------------
§ 6. The amounts specified in this section, or so much thereof as
shall be sufficient to accomplish the purposes designated, is hereby
appropriated and authorized to be paid as hereinafter provided, to the
public officers and for the purposes specified, which amount shall be
available for the state fiscal year beginning April 1, 2026.
DEPARTMENT OF LABOR
AID TO LOCALITIES
UNEMPLOYMENT INSURANCE BENEFIT PROGRAM ..................... 135,000,000
--------------
Enterprise Funds
Unemployment Insurance Benefit Fund
Unemployment Insurance Benefit Account - 50650
For payment of unemployment insurance bene-
fits pursuant to article 18 of the labor
law or as authorized by the federal
government through the disaster unemploy-
ment assistance program, the emergency
unemployment compensation program, the
extended benefit program, the federal
additional compensation program or any
other federally funded unemployment bene-
fit program (34787) ........................ 135,000,000
--------------
§ 7. The amounts specified in this section, or so much thereof as
shall be sufficient to accomplish the purposes designated, is hereby
appropriated and authorized to be paid as hereinafter provided, to the
public officers and for the purposes specified, which amount shall be
available for the state fiscal year beginning April 1, 2026.
A. 10760 15
DEPARTMENT OF MENTAL HYGIENE
OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES
AID TO LOCALITIES
COMMUNITY SERVICES PROGRAM .................................. 10,098,000
--------------
General Fund
Local Assistance Account - 10000
For services and expenses of the community
services program, net of disallowances,
for community programs for people with
developmental disabilities pursuant to
article 41 of the mental hygiene law,
and/or chapter 620 of the laws of 1974,
chapter 660 of the laws of 1977, chapter
412 of the laws of 1981, chapter 27 of the
laws of 1987, chapter 729 of the laws of
1989, chapter 329 of the laws of 1993 and
other provisions of the mental hygiene
law. Notwithstanding any inconsistent
provision of law, the following appropri-
ation shall be net of prior and/or current
year refunds, rebates, reimbursements, and
credits.
Notwithstanding any other provision of law,
advances and reimbursement made pursuant
to subdivision (d) of section 41.15 and
section 41.18 of the mental hygiene law
shall be allocated pursuant to a plan and
in a manner prescribed by the agency head
and approved by the director of the budg-
et. The moneys hereby appropriated are
available to reimburse or advance locali-
ties and voluntary non-profit agencies for
expenditures made during local fiscal
periods commencing January 1, 2026, April
1, 2026 or July 1, 2026, and for advances
for the 3 month period beginning January
1, 2027.
Notwithstanding the provisions of article 41
of the mental hygiene law or any other
inconsistent provision of law, rule or
regulation, the commissioner, pursuant to
such contract and in the manner provided
therein, may pay all or a portion of the
expenses incurred by such voluntary agen-
cies arising out of loans which are funded
from the proceeds of bonds and notes
issued by the dormitory authority of the
state of New York.
Notwithstanding any other provision of law,
the money hereby appropriated may be
A. 10760 16
transferred to state operations and/or any
appropriation of the office for people
with developmental disabilities with the
approval of the director of the budget.
Notwithstanding any inconsistent provision
of law, moneys from this appropriation may
be used for state aid of up to 100 percent
of the net deficit costs of day training
programs and family support services.
Notwithstanding the provisions of section
16.23 of the mental hygiene law and any
other inconsistent provision of law, with
relation to the operation of certified
family care homes, including family care
homes sponsored by voluntary not-for-pro-
fit agencies, moneys from this appropri-
ation may be used for payments to purchase
general services including but not limited
to respite providers, up to a maximum of
14 days, at rates to be established by the
commissioner and approved by the director
of the budget in consideration of factors
including, but not limited to, geographic
area and number of clients cared for in
the home and for payment in an amount
determined by the commissioner for the
personal needs of each client residing in
the family care home.
Notwithstanding the provisions of subdivi-
sion 12 of section 8 of the state finance
law and any other inconsistent provision
of law, moneys from this appropriation may
be used for expenses of family care homes
including payments to operators of certi-
fied family care homes for damages caused
by clients to personal and real property
in accordance with standards established
by the commissioner and approved by the
director of the budget.
Notwithstanding any inconsistent provision
of law, moneys from this appropriation may
be used for appropriate day program
services and residential services includ-
ing, but not limited to, direct housing
subsidies to individuals, start-up
expenses for family care providers, envi-
ronmental modifications, adaptive technol-
ogies, appraisals, property options,
feasibility studies and preoperational
expenses.
Notwithstanding any inconsistent provision
of law, moneys from this appropriation may
be used to fund continuity of care
services, family reimbursed respite, other
than personal services and direct housing
subsidies for people who are enrolled in
A. 10760 17
OPWDD's self-direction program, provided
any or all such costs are identified in a
self-direction budget approved by OPWDD.
Notwithstanding any inconsistent provision
of law except pursuant to a chapter of the
laws of 2025 authorizing a 2.6 percent
targeted inflationary increase, for the
period commencing on April 1, 2025 and
ending March 31, 2026 the commissioner
shall not apply any other inflationary
increases, cost of living type increases,
inflation factors, or trend factors for
the purpose of establishing rates of
payments, contracts or any other form of
reimbursement; provided that this shall
not prevent the commissioner from applying
prior adjustments for the purpose of
establishing rates resulting from a rebas-
ing of base year costs.
Notwithstanding section 6908 of the educa-
tion law and any other provision of law,
rule or regulation to the contrary, direct
support staff in programs certified or
approved by the office for people with
developmental disabilities, including the
home and community based services waiver
programs that the office for people with
developmental disabilities is authorized
to administer with federal approval pursu-
ant to subdivision (c) of section 1915 of
the federal social security act, are
authorized to provide such tasks as OPWDD
may specify when performed under the
supervision, training and periodic
inspection of a registered professional
nurse and in accordance with an authorized
practitioner's ordered care.
Notwithstanding any other provision of law
to the contrary, and consistent with
section 33.07 of the mental hygiene law,
the directors of facilities licensed but
not operated by the office for people with
developmental disabilities who act as
federally-appointed representative payees
and who assume management responsibility
over the funds of a resident may continue
to use such funds for the cost of the
resident's care and treatment, consistent
with federal law and regulations.
Funds appropriated herein shall be available
in accordance with the following:
Notwithstanding any other provision of law
to the contrary, funds appropriated herein
are available to reimburse in- and
out-of-state private residential schools,
pursuant to subdivision (c) of section
A. 10760 18
13.37-a and subdivision (g) of section
13.38 of the mental hygiene law, for costs
of supporting the residential and day
program services available to individuals
who are over the age of 21 years of age,
provided that the amount paid for residen-
tial services and/or maintenance costs is
net of any supplemental security income
benefit to which the individual receiving
services is eligible, and provided further
that funding for nonresidential services
will be in an amount not to exceed the
maximum reimbursement for appropriate day
services delivered by the office for
people with developmental disabilities
certified or approved providers other than
in- and out-of-state private residential
schools, unless otherwise authorized by
the director of the budget.
Notwithstanding section 163 of the state
finance law, section 142 of the economic
development law, and article 41 of the
mental hygiene law, the commissioner of
the office for people with developmental
disabilities may make the funds appropri-
ated herein available as state aid, a loan
or a grant, pursuant to terms and condi-
tions established by the commissioner of
the office for people with developmental
disabilities, to cover a portion of the
development costs of private, public
and/or non-profit organizations, including
corporations and partnerships established
pursuant to the private housing finance
law and/or any other statutory provisions,
for supportive housing units that have
been set aside for individuals with intel-
lectual and developmental disabilities.
Further, the office for people with devel-
opmental disabilities shall have a lien on
the real property developed with such
state aid, loans or grants, which shall be
in the amount of the loan or grant, for a
maximum term of 30 years, or other longer
term consistent with the requirements of
another regulatory agency.
For services and expenses related to the
provision of residential services to
people with developmental disabilities
(37802) ...................................... 5,862,000
For services and expenses related to the
provision of day program services to
people with developmental disabilities
(37803) ...................................... 1,440,000
For services and expenses related to the
provision of family support services to
A. 10760 19
people with developmental disabilities
(37804) ...................................... 1,620,000
For services and expenses related to the
provision of workshop, day training and
employment services to people with devel-
opmental disabilities. Notwithstanding any
other provision of law, up to $13,800 of
this appropriation may be transferred to
the New York State Education Departments'
Adult Career and Continuing Education
Services - Vocational Rehabilitation
(ACCES-VR) program to support the LongTerm
Sheltered Employment program operated by
FEDCAP Rehabilitation Services, Inc.
(37805) ........................................ 936,000
For other services and expenses provided to
people with developmental disabilities
including but not limited to hepatitis B,
care at home waiver, epilepsy services,
Special Olympics New York, Inc. and volun-
tary fingerprinting (37806) .................... 240,000
--------------
§ 8. The amounts specified in this section, or so much thereof as
shall be sufficient to accomplish the purposes designated, is hereby
appropriated and authorized to be paid as hereinafter provided, to the
public officers and for the purposes specified, which amount shall be
available for the state fiscal year beginning April 1, 2026.
DEPARTMENT OF VETERANS' SERVICES
AID TO LOCALITIES
VETERANS' BENEFITS ADVISING PROGRAM ............................. 36,000
--------------
Special Revenue Funds - Other
Homeless Veterans Assistance Fund
Homeless Veterans Assistance Account - 20204
For services and expenses related to home-
less veterans' housing (54815) .................. 36,000
§ 9. No expenditure may be made from any appropriation in this act,
until a certificate of approval has been issued by the director of the
budget and a copy of such certificate shall have been filed with the
state comptroller, the chairman of the senate finance committee and the
chairman of the assembly ways and means committee provided, however,
that any expenditures from any appropriation in this act made by the
legislature or judiciary shall not require such certificate.
§ 10. All expenditures and disbursements made against the appropri-
ations in this act shall, upon final action by the legislature on appro-
priation bills submitted by the governor pursuant to article VII of the
state constitution for the support of government for the state fiscal
year beginning April 1, 2026, be transferred by the comptroller as
A. 10760 20
expenditures and disbursements to such appropriations for all state
departments and agencies, as applicable, in amounts equal to the amounts
charged against the appropriations in this act for each such department,
agency, and the legislature and the judiciary.
§ 11. Severability clause. If any clause, sentence, paragraph, subdi-
vision, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 12. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2026; provided,
however, that upon the transfer of expenditures and disbursements by the
comptroller as provided in section ten of this act, the appropriations
made by this act and subject to such section shall be deemed repealed.Every fact on this page links to its source, starting with the official bill record.