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NY State Legislature· S7070-2025Signed by Governor

Provides for emergency appropriation for the period April 1, 2025 through April 3, 2025, the official text

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
 ________________________________________________________________________
 
                                   7070
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 31, 2025
                                ___________
 
 Introduced by Sen. KRUEGER -- (at request of the Governor) -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Rules
 
 AN  ACT making appropriations for the support of government; 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, 2025 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, 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  to
   state officers and employees of the execu-
   tive   branch.   This  appropriation  also
   includes payments for  services  performed
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD12002-01-5
 S. 7070                             2
 
   by  mentally  ill or developmentally disa-
   bled persons who are employed in state-op-
   erated special employment, work-for-pay or
   sheltered workshop programs ................ 279,930,000
                                             --------------
 
   § 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,
   pursuant  to  existing  state  law and for
   purposes for which the legislature author-
   ized 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  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 2024-2025 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, 2025.
 
            MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES
 
                           GENERAL STATE CHARGES
 
                             STATE OPERATIONS
 GENERAL STATE CHARGES ......................................  20,650,000
                                                           --------------
 
   General Fund
   State Purposes Account - 10050
 S. 7070                             3
 
 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
 
               Project Schedule
 PROJECT                               AMOUNT
 --------------------------------------------
 For the  state's  contribution
   to   the   social   security
   contribution fund ............. 20,300,000
 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
                               --------------
   §  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, 2025.
 
                           DEPARTMENT OF HEALTH
 
                             AID TO LOCALITIES
 
 CENTER FOR COMMUNITY HEALTH PROGRAM .......................... 3,210,000
                                                           --------------
 
   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
                                             --------------
 
 MEDICAL ASSISTANCE PROGRAM ............................... 1,111,204,000
                                                           --------------
 
   General Fund
   Local Assistance Account - 10000
 S. 7070                             4
 
 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,
   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
 S. 7070                             5
 
   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
   Act,  in  which case such grounds shall be
   set forth in the  medicaid  savings  allo-
   cation   adjustment;  and  (5)  reductions
 S. 7070                             6
 
   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
   potential  for  such  widespread  risk  of
   exposure;  or  (iii)  any  other  event or
   condition determined by  the  commissioner
 S. 7070                             7
 
   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
   this   section,   including    information
   concerning  the  impact of such actions on
   each  category   of   service   and   each
 S. 7070                             8
 
   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.
 Notwithstanding  any  inconsistent provision
   of law, funding made  available  by  these
   appropriations shall support direct salary
   costs  and  related fringe benefits within
 S. 7070                             9
 
   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
   to  the  pharmaceutical  costs  of  dually
   eligible  medicare/medicaid  beneficiaries
   participating in the medicare drug benefit
   authorized by P.L. 108-173.
 S. 7070                            10
 
 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,
   shall be eligible for awards  for  amounts
   appropriated   herein,   to   enable  such
   providers to maintain operations and vital
   services  while  establishing  long   term
 S. 7070                            11
 
   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  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
 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
 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
 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
 For services and  expenses  of  the  medical
   assistance  program  including  other long
   term care services.
 S. 7070                            12
 
 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) ........................ 70,389,000
 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
 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
 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
 S. 7070                            13
 
   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) ........................ 48,476,000
 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
 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
 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
 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
 S. 7070                            14
 
   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
                                             --------------
 
   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.
 S. 7070                            15
 
 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 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
 S. 7070                            16
 
   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.
   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
 S. 7070                            17
 
 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) ........................ 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)
 S. 7070                            18
 
   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) ....................... 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)
 S. 7070                            19
 
   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) ....................... 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. 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
                                                           --------------
 
   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
                                             --------------
 
   §  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
 S. 7070                            20
 
 public officers and for the purposes specified, which  amount  shall  be
 available for the state fiscal year beginning April 1, 2025.
 
                          OFFICE OF MENTAL HEALTH
 
                             AID TO LOCALITIES
 
 ADULT SERVICES PROGRAM ...................................... 94,917,000
                                                           --------------
 
   General Fund
   Local Assistance Account - 10000
 
 For  services  and expenses of various adult
   community mental health services,  includ-
   ing  transfer  to the department of health
   to reimburse the department for the  state
   and/or  local  share of medical assistance
   for  various   community   mental   health
   services.
 For  payment  of state financial assistance,
   net of disallowances, for community mental
   health programs pursuant to article 41 and
   other provisions  of  the  mental  hygiene
   law.  The  moneys  hereby appropriated for
   allocation to local governments and volun-
   tary agencies for services  are  available
   to  reimburse  or  advance  funds to local
   governments  and  voluntary  agencies  for
   expenditures  made  or  to  be made during
   local program years commencing January  1,
   2025  or July 1, 2025 and for advances for
   the period beginning January 1,  2026  for
   local  governments  and voluntary agencies
   with program years  beginning  January  1.
   Notwithstanding  any  provision  of law to
   the  contrary,  the  commissioner  of  the
   office  of  mental health shall be author-
   ized,  subject  to  the  approval  of  the
   director   of   the  budget,  to  continue
   contracts and state aid letter payments to
   support  county   contracts   which   were
   executed  on or before March 31, 2025 with
   entities  providing  services  to  persons
   with  mental  illness,  without  any addi-
   tional requirements that such contracts be
   subject to competitive bidding, a  request
   for proposals process or other administra-
   tive procedures.
 The  state  comptroller is hereby authorized
   to receive funds from the office of mental
   health that were returned  from  providers
   in the current fiscal year in respect of a
   settlement  of local assistance funds from
   prior fiscal years, and is  authorized  to
   refund  such  moneys  to the credit of the
 S. 7070                            21
 
   local assistance account  of  the  general
   fund  for  the  purpose of reimbursing the
   2025-26 appropriation.
 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  of  mental
   health  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.
 Notwithstanding  any other provision of law,
   the commissioner of mental  health  shall,
   until  July 1, 2026, be solely authorized,
   in his or  her  discretion,  to  designate
   those  general  hospitals,  local  govern-
   mental units and voluntary agencies  which
   may   apply  and  be  considered  for  the
   approval  and  issuance  of  an  operating
   certificate  pursuant to article 31 of the
   mental hygiene law for the operation of  a
   comprehensive     psychiatric    emergency
   program.
 Notwithstanding any provision of section  21
   of  chapter  723  of  the laws of 1989, as
   amended, to the contrary,  the  provisions
   of  sections 1, 2 and 4-20 of such chapter
   shall remain  in  full  force  and  effect
   until  July  1,  2026, when upon such date
   the amendments and additions made by  such
   sections  of  chapter  723  of the laws of
   1989 shall expire and be deemed  repealed,
   and  any  provision  of law amended by any
   such sections shall revert to its text  as
   it  existed prior to the effective date of
   chapter 723 of the laws of 1989.
 Notwithstanding any other provision  of  law
   to the contrary, any of the amounts appro-
   priated   herein   may   be  increased  or
   decreased by interchange or transfer with-
   out limit, with any appropriation  of  the
   office  of mental health or by transfer or
   suballocation to any department, agency or
   public authority for expenditures incurred
   in the operation of such programs with the
   approval of the director of the budget:
 For services and expenses of various  commu-
   nity  mental  health residential programs,
   including but  not  limited  to  community
   residences  pursuant to sections 41.44 and
   41.38 of the mental hygiene law.  Notwith-
   standing  the  provisions of section 31.03
 S. 7070                            22
 
   of the mental hygiene law  and  any  other
   inconsistent   provision  of  law,  moneys
   appropriated  for  family  care  shall  be
   available  for,  but  not  limited to, the
   purchase of substitute caretakers up to  a
   maximum of 14 days and payments limited to
   $774  per  year  based upon financial need
   for the  personal  needs  of  each  client
   residing in the family care home. Provided
   further   however,   notwithstanding   any
   provision of  law  to  the  contrary,  the
   commissioner   of  the  office  of  mental
   health may appoint a temporary operator in
   a manner consistent with part L of chapter
   59 of the laws of 2016 to  administer  any
   community    mental   health   residential
   program appropriated for  herein  for  the
   period  for  which  this appropriation has
   effect. Funds appropriated herein will  be
   made  available to support the development
   of new transitional stepdown units to help
   individuals  transitioning  from   various
   levels  of  care to community-based living
   (36911) ..................................... 94,917,000
 
   § 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, 2025.
 
                     DEPARTMENT OF VETERANS' SERVICES
 
                             AID TO LOCALITIES
 
 VETERANS' BENEFITS ADVISING PROGRAM ............................. 42,000
                                                           --------------
 
   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
 
   §  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
 S. 7070                            23
 
 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.
 
   §  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, 2025; 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.
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