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NY State Legislature· A7635-2025Signed by Governor

Provides for emergency appropriation for the period April 1, 2025 through April 7, 2025, the official text

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S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7635
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 3, 2025
                                ___________
 
 Introduced  by  M. of A. PRETLOW -- (at request of the Governor) -- read
   once and referred to the Committee on Ways and Means
 
 AN ACT making appropriations for the support  of  government;  to  amend
   chapter  113 of the laws of 2025 making appropriations for the support
   of government, in relation thereto; and providing for  the  repeal  of
   such provisions upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   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, 2025 are enacted.
   §  2. Section 2 of chapter 113 of the laws of 2025, relating to making
 appropriations for the support of government,  is  amended  to  read  as
 follows:
   §  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, 2025.
 
                    ALL STATE DEPARTMENTS AND AGENCIES
 
 For  the  purpose  of  making  payments  for
   personal  service,  including  liabilities
   incurred  prior  to  April 1, 2025, on the
   payrolls scheduled to be paid  during  the
   period  April  1  through  [April 3, 2025]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD12003-01-5
 A. 7635                             2

   APRIL  7,  2025  to  state  officers   and
   employees  of  the  executive branch. This
   appropriation also includes  payments  for
   services  performed  by  mentally  ill  or
   developmentally disabled persons  who  are
   employed in state-operated special employ-
   ment,  work-for-pay  or sheltered workshop
   programs .................... [279,930,000]  324,930,000
                               --------------
 
   § 3. Section 3 of chapter 113 of the laws of 2025, relating to  making
 appropriations  for  the  support  of  government, is amended to read as
 follows:
   § 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, 2025.
 
                    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 3, 2025]
   APRIL 7, 2025, pursuant to existing  state
   law  and for purposes for which the legis-
   lature  authorized  the   expenditure   of
   moneys  during  the 2024-2025 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  accord-
   ance   with   existing  law,  and  further
   provided  that  nothing  contained  herein
   shall  be  deemed to supersede, nullify or
   modify the provisions of section 40 of the
   state finance law prescribing when  appro-
   priations  made  for  the  2024-2025 state
   fiscal year  shall  have  ceased  to  have
   force and effect ............................ 10,000,000
                                             --------------
 
   §  4. Section 4 of chapter 113 of the laws of 2025, relating to making
 appropriations for the support of government,  is  amended  to  read  as
 follows:
   §  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, 2025.
 A. 7635                             3
 
            MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES
 
                           GENERAL STATE CHARGES
 
                             STATE OPERATIONS
 GENERAL STATE CHARGES .......................  [20,650,000]   20,925,000
                                             --------------
 
   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 ........... [20,650,000]   20,925,000
 
               Project Schedule
 PROJECT                               AMOUNT
 --------------------------------------------
 For the  state's  contribution
   to   the   social   security
   contribution fund ............. 20,300,000
 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 ...... 275,000
 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 .................... 350,000
                               --------------
     Project schedule total ...
       ...........  [20,650,000]   20,925,000
                 --------------
 
   § 5. Section 5 of chapter 113 of the laws of 2025, relating to  making
 appropriations  for  the  support  of  government, is amended to read as
 follows:
   § 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
 A. 7635                             4
 
 public  officers  and  for the purposes specified, which amount shall be
 available for the state fiscal year beginning April 1, 2025.
 
                           DEPARTMENT OF HEALTH
 
                             AID TO LOCALITIES
 
 CENTER FOR COMMUNITY HEALTH PROGRAM ........... [3,210,000]   14,490,000
                                             --------------
 
   GENERAL FUND
   LOCAL ASSISTANCE ACCOUNT - 10000
 
 FOR  SERVICES  AND  EXPENSES  RELATED TO THE
   INDIAN HEALTH PROGRAM.  THE  MONEY  HEREBY
   APPROPRIATED   SHALL  BE  FOR  PAYMENT  OF
   FINANCIAL ASSISTANCE HERETOFORE ACCRUED OR
   HEREAFTER TO ACCRUE (26840) .................. 7,000,000
                                             --------------
 
   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)
   ............................... [3,210,000]    7,490,000
                               --------------
 
 ELDERLY PHARMACEUTICAL INSURANCE COVERAGE PROGRAM ............ 1,520,000
                                                           --------------
 
   SPECIAL REVENUE FUNDS - OTHER
   HCRA RESOURCES FUND
   EPIC PREMIUM ACCOUNT - 20818
 
 FOR SERVICES AND EXPENSES OF THE PROGRAM FOR
   ELDERLY PHARMACEUTICAL INSURANCE COVERAGE,
   INCLUDING   REIMBURSEMENT   TO  PHARMACIES
   PARTICIPATING IN SUCH PROGRAM.
 THE  MONEYS  HEREBY  APPROPRIATED  SHALL  BE
   AVAILABLE FOR PAYMENT OF FINANCIAL ASSIST-
   ANCE HERETOFORE ACCRUED (26803) .............. 1,520,000
 
 MEDICAL ASSISTANCE PROGRAM ............... [1,111,204,000] 1,363,969,000
                                             --------------
 
   General Fund
   Local Assistance Account - 10000
 
 For  the medical assistance program, includ-
   ing  administrative  expenses,  for  local
   social services districts, and for medical
 A. 7635                             5
 
   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,
   2025  through  March  31,  2026, shall not
   exceed $33,417,285,000 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
   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
 A. 7635                             6
 
   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
   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
 A. 7635                             7
 
   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
   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.
 A. 7635                             8
 
 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
   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
 A. 7635                             9
 
   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.
 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
 A. 7635                            10
 
   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
   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
 A. 7635                            11
 
   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,
   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.
 A. 7635                            12
 
 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  2025-26  shall
   supersede  and replace any duplicative (i)
   reappropriation  for  this  item  covering
   fiscal  year  2025-26,  and (ii) appropri-
   ation for this item covering  fiscal  year
   2025-26  set  forth  in  chapter 53 of the
   laws of 2024 (26947) ......... [20,200,000]   40,400,000
 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  2025-26  shall
   supersede  and replace any duplicative (i)
   reappropriation  for  this  item  covering
   fiscal  year  2025-26,  and (ii) appropri-
   ation for this item covering  fiscal  year
   2025-26  set  forth  in  chapter 53 of the
   laws of 2024 (26948) .......... [5,216,000]   10,432,000
 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  2025-26  shall
   supersede  and replace any duplicative (i)
   reappropriation  for  this  item  covering
   fiscal  year  2025-26,  and (ii) appropri-
   ation for this item covering  fiscal  year
   2025-26  set  forth  in  chapter 53 of the
   laws of 2024 (26949) ........... [9,513,000]  19,026,000
 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  2025-26  shall
   supersede  and replace any duplicative (i)
   reappropriation  for  this  item  covering
   fiscal  year  2025-26,  and (ii) appropri-
   ation for this item covering  fiscal  year
   2025-26  set  forth  in  chapter 53 of the
   laws of 2024 (26950) ......... [25,468,000]   50,936,000
 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-
 A. 7635                            13
 
   ation covering fiscal year  2025-26  shall
   supersede  and replace any duplicative (i)
   reappropriation  for  this  item  covering
   fiscal  year  2025-26,  and (ii) appropri-
   ation for this item covering  fiscal  year
   2025-26  set  forth  in  chapter 53 of the
   laws of 2024 (26951) ......... [70,389,000]  140,778,000
 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  2025-26  shall
   supersede  and replace any duplicative (i)
   reappropriation  for  this  item  covering
   fiscal  year  2025-26,  and (ii) appropri-
   ation for this item covering  fiscal  year
   2025-26  set  forth  in  chapter 53 of the
   laws of 2024 (26952) ......... [43,431,000]   86,862,000
 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 2025-26 shall
   supersede and replace any duplicative  (i)
   reappropriation  for  this  item  covering
   fiscal year 2025-26,  and  (ii)  appropri-
   ation  for  this item covering fiscal year
   2025-26 set forth in  chapter  53  of  the
   laws of 2024 (29548) .......... [3,016,000]    6,032,000
 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
   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  2025-26  shall
   supersede  and replace any duplicative (i)
   reappropriation  for  this  item  covering
 A. 7635                            14
 
   fiscal  year  2025-26,  and (ii) appropri-
   ation for this item covering  fiscal  year
   2025-26  set  forth  in  chapter 53 of the
   laws of 2024 (26953) ......... [48,476,000]   96,952,000
 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  2025-26  shall
   supersede  and replace any duplicative (i)
   reappropriation  for  this  item  covering
   fiscal  year  2025-26,  and (ii) appropri-
   ation for this item covering  fiscal  year
   2025-26  set  forth  in  chapter 53 of the
   laws of 2024 (26954) .......... [7,172,000]   14,344,000
 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  2025-26  shall
   supersede  and replace any duplicative (i)
   reappropriation  for  this  item  covering
   fiscal  year  2025-26,  and (ii) appropri-
   ation for this item covering  fiscal  year
   2025-26  set  forth  in  chapter 53 of the
   laws of 2024 (26955) ............. [82,000]      164,000
 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  2025-26  shall
   supersede  and replace any duplicative (i)
   reappropriation  for  this  item  covering
   fiscal  year  2025-26,  and (ii) appropri-
   ation for this item covering  fiscal  year
   2025-26  set  forth  in  chapter 53 of the
   laws of 2024 (26956) ......... [19,802,000]   39,604,000
 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.
 A. 7635                            15
 
 Notwithstanding any provision of law to  the
   contrary,  the  portion  of this appropri-
   ation covering fiscal year  2025-26  shall
   supersede  and replace any duplicative (i)
   reappropriation  for  this  item  covering
   fiscal year 2025-26,  and  (ii)  appropri-
   ation  for  this item covering fiscal year
   2025-26 set forth in  chapter  53  of  the
   laws of 2024 (26961) ........................ 83,400,000
                                             --------------
 
   Special Revenue Funds - Federal
   Federal Health and Human Services Fund
   Medicaid Direct Account - 25106
 
 For  services  and  expenses for the medical
   assistance program, including  administra-
   tive  expenses  for  local social services
   districts, pursuant to title  XIX  of  the
   federal social security act or its succes-
   sor program.
 The  moneys  hereby  appropriated  are 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, 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
 A. 7635                            16
 
   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 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,
   office  of  children  and family services,
   the  department  of  financial   services,
   department  of  corrections  and community
   supervision,  the  office  of  information
   technology  services, the state university
   of New York, the state  education  depart-
   ment,  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, 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.
 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
 A. 7635                            17
 
   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.
   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 direc-
   tor of the budget.
 For services and  expenses  of  the  medical
   assistance   program   including  hospital
   inpatient services.
 Notwithstanding any provision of law to  the
   contrary,  the  portion  of this appropri-
   ation covering fiscal year  2025-26  shall
   supersede  and replace any duplicative (i)
   reappropriation  for  this  item  covering
   fiscal  year  2025-26,  and (ii) appropri-
   ation for this item covering  fiscal  year
   2025-26  set  forth  in  chapter 53 of the
   laws of 2024 (26947) ........................ 57,814,000
 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  2025-26  shall
   supersede  and replace any duplicative (i)
   reappropriation  for  this  item  covering
   fiscal  year  2025-26,  and (ii) appropri-
   ation for this item covering  fiscal  year
   2025-26  set  forth  in  chapter 53 of the
   laws of 2024 (26948) ........................ 10,372,000
 For services and  expenses  of  the  medical
   assistance    program   including   clinic
   services.
 A. 7635                            18
 
 Notwithstanding any provision of law to  the
   contrary,  the  portion  of this appropri-
   ation covering fiscal year  2025-26  shall
   supersede  and replace any duplicative (i)
   reappropriation  for  this  item  covering
   fiscal year 2025-26,  and  (ii)  appropri-
   ation  for  this item covering fiscal year
   2025-26 set forth in  chapter  53  of  the
   laws of 2024 (26949) ........................ 16,967,000
 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 2025-26 shall
   supersede and replace any duplicative  (i)
   reappropriation  for  this  item  covering
   fiscal year 2025-26,  and  (ii)  appropri-
   ation  for  this item covering fiscal year
   2025-26 set forth in  chapter  53  of  the
   laws of 2024(26950) ......................... 79,359,000
 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 2025-26 shall
   supersede and replace any duplicative  (i)
   reappropriation  for  this  item  covering
   fiscal year 2025-26,  and  (ii)  appropri-
   ation  for  this item covering fiscal year
   2025-26 set forth in  chapter  53  of  the
   laws of 2024 (26951) ....................... 132,394,000
 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 2025-26 shall
   supersede and replace any duplicative  (i)
   reappropriation  for  this  item  covering
   fiscal year 2025-26,  and  (ii)  appropri-
   ation  for  this item covering fiscal year
 A. 7635                            19
 
   2025-26 set forth in  chapter  53  of  the
   laws of 2024 (26952) ....................... 150,829,000
 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 heretofore enacted law,
   rule, or 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 2025-26 shall
   supersede and replace any duplicative  (i)
   reappropriation  for  this  item  covering
   fiscal year 2025-26,  and  (ii)  appropri-
   ation  for  this item covering fiscal year
   2025-26 set forth in  chapter  53  of  the
   laws of 2024 (26953) ........................ 92,616,000
 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 2025-26 shall
   supersede and replace any duplicative  (i)
   reappropriation  for  this  item  covering
   fiscal year 2025-26,  and  (ii)  appropri-
   ation  for  this item covering fiscal year
   2025-26 set forth in  chapter  53  of  the
   laws of 2024 (26954) ........................ 12,235,000
 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 2025-26 shall
   supersede and replace any duplicative  (i)
   reappropriation  for  this  item  covering
   fiscal year 2025-26,  and  (ii)  appropri-
   ation  for  this item covering fiscal year
   2025-26 set forth in  chapter  53  of  the
   laws of 2024 (26955) ......................... 1,422,000
 For  services  and  expenses  of the medical
   assistance program  including  noninstitu-
   tional and other spending.
 The  money  hereby appropriated is available
   for  payment  of  liabilities   heretofore
   accrued or hereafter accrued.
 Notwithstanding  any provision of law to the
   contrary, the portion  of  this  appropri-
   ation  covering  fiscal year 2025-26 shall
   supersede and replace any duplicative  (i)
   reappropriation  for  this  item  covering
   fiscal year 2025-26,  and  (ii)  appropri-
   ation  for  this item covering fiscal year
 A. 7635                            20
 
   2025-26 set forth in  chapter  53  of  the
   laws of 2024 (26956) ....................... 137,631,000
 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 2025-26 shall
   supersede and replace any duplicative  (i)
   reappropriation  for  this  item  covering
   fiscal year 2025-26,  and  (ii)  appropri-
   ation  for  this item covering fiscal year
   2025-26 set forth in  chapter  53  of  the
   laws of 2024 (26961) ........................ 83,400,000
                                             --------------
 
   §  6. Section 6 of chapter 113 of the laws of 2025, relating to making
 appropriations for the support of government,  is  amended  to  read  as
 follows:
   §  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, 2025.
 
                            DEPARTMENT OF LABOR
 
                             AID TO LOCALITIES
 
 UNEMPLOYMENT INSURANCE BENEFIT PROGRAM ...... [165,000,000]  195,000,000
                                             --------------
 
   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) ......... [165,000,000]  195,000,000
                                             --------------
 
   § 7. Section 8 of chapter 113 of the laws of 2025, relating to  making
 appropriations  for  the  support  of  government, is amended to read as
 follows:
 A. 7635                            21
 
   § 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, 2025.
 
                     DEPARTMENT OF VETERANS' SERVICES
 
                             AID TO LOCALITIES

 VETERANS' BENEFITS ADVISING PROGRAM .............. [42,000]       98,000
                                             --------------
 
   Special Revenue Funds - Other
   Homeless Veterans Assistance Fund
   Homeless Veterans Assistance Account - 20204
 
 For  services  and expenses related to home-
   less veterans' housing (54815) ... [42,000]       98,000
 
   § 8. 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.
 
   § 9. 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,  2025,  be  transferred by the comptroller as
 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.
 
   §  10. 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.
 
   §  11.  This  act shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2025; provided,
 however, that upon the transfer of expenditures and disbursements by the
 comptroller as provided in section nine of this act, the  appropriations
 made by this act and subject to such section shall be deemed repealed.
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