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NY State Legislature· S7766-2025Signed by Governor

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

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S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7766
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                May 6, 2025
                                ___________
 
 Introduced by Sen. KRUEGER -- (at request of the Governor) -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Rules
 
 AN  ACT  making  appropriations  for the support of government; to amend
   chapter 113 of the laws of 2025 making appropriations for the  support
   of  government,  in relation thereto; to amend chapter 118 of the laws
   of 2025 making  appropriations  for  the  support  of  government,  in
   relation  thereto;  to  amend  chapter  119 of the laws of 2025 making
   appropriations for the support of government, in relation thereto; and
   providing for the repeal of such provisions upon expiration thereof
 
   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 3 of chapter 113 of the laws of 2025, relating to  making
 appropriations  for the support of government, as amended by chapter 125
 of the laws of 2025, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD12012-01-5
 S. 7766                             2
 
 For  the  payment  of  state  operations non
   personal service liabilities to the execu-
   tive branch,  including  the  comptroller,
   and the attorney general, and legislature,
   incurred  in  the ordinary course of busi-
   ness, during the period  April  1  through
   May  [6]  7,  2025,  pursuant  to existing
   state law and for purposes for  which  the
   legislature  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 ............................ 34,000,000
                                             --------------
 
   § 3. Section 4 of chapter 113 of the laws of 2025, relating to  making
 appropriations  for the support of government, as amended by chapter 124
 of the laws of 2025, 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.
 
            MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES
 
                           GENERAL STATE CHARGES
 
                             STATE OPERATIONS
 GENERAL STATE CHARGES ....................... [595,945,000]  629,945,000
                                             --------------
 
   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 .......... [588,125,000]  622,125,000
 
               Project Schedule
 PROJECT                               AMOUNT
 --------------------------------------------
 S. 7766                             3
 
 For  the  state's contribution
   to the health insurance fund
   and deposit into the retiree
   health  benefit  trust  fund
   pursuant to section 99-aa of
   the  state  finance law. The
   state's share of the  health
   insurance  program dividends
   shall be  available  to  pay
   for the premiums in 2025-26 .. 422,000,000
 For  the  state's contribution
   to   the   social   security
   contribution fund ..........
   ............... [119,450,000]  153,450,000
 For  the  state's contribution
   to  employee  benefit   fund
   programs ...................... 37,500,000
 For  the  state's contribution
   to the dental insurance plan ... 6,000,000
 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 ..... 558,000
 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 .................. 2,600,000
 For the  state's  contribution
   to the vision care plan ........... 17,000
                               --------------
     Project schedule total ...
       ........... [588,125,000]  622,125,000
                 --------------
 
 For payments in accordance with section 19-a
   of the public lands law (80567) .............. 7,720,000
 For payment of claims for damage to personal
   or real property or for bodily injuries or
   wrongful death caused by officers, employ-
   ees, or other authorized persons providing
   service  to state government while provid-
   ing such service, and the state university
   construction fund while acting within  the
 S. 7766                             4
 
   scope of their employment, and while oper-
   ating motor vehicles, and for any individ-
   uals  operating  motor  vehicles which are
   assigned  on  a permanent basis with unre-
   stricted use to state officers and employ-
   ees  when  the   person   is   permanently
   assigned the motor vehicle (80559) ............. 100,000
                                             --------------
 
   §  4. Section 5 of chapter 118 of the laws of 2025, relating to making
 appropriations for the support of government, as amended by chapter  125
 of the laws of 2025, 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
 public officers and for the purposes specified, which  amount  shall  be
 available for the state fiscal year beginning April 1, 2025.
 
                                 JUDICIARY

 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  May  7, 2025 to
   officers and employees of the judiciary .... 265,000,000
 For the payment of state operations  nonper-
   sonal  service  liabilities,  the  sum  of
   twenty-five million dollars ($25,000,000),
   or so much thereof as shall be  sufficient
   to  accomplish  the purpose designated, is
   hereby appropriated to the  judiciary  out
   of any moneys in the general fund or other
   funds  to the credit of the state purposes
   account not  otherwise  appropriated.  The
   comptroller   is   hereby  authorized  and
   directed to utilize this appropriation for
   the purpose of making payments for nonper-
   sonal service liabilities incurred by  the
   judiciary  from April 1 through May [6] 7,
   2025 ........................................ 25,000,000
 For the payment of aid to localities liabil-
   ities, the sum of thirty  million  dollars
   ($30,000,000), or so much thereof as shall
   be  sufficient  to  accomplish the purpose
   designated, is hereby appropriated to  the
   judiciary out of any moneys in the general
   fund  or  other funds to the credit of the
   state  purposes  account   not   otherwise
   appropriated.  The  comptroller  is hereby
   authorized and directed  to  utilize  this
   appropriation  for  the  purpose of making
   payments for aid to localities liabilities
   incurred by the  judiciary  from  April  1
   through May [6] 7, 2025 ..................... 30,000,000
 S. 7766                             5
 
 For  the  payment of employee fringe benefit
   programs including, but  not  limited  to,
   the   judiciary's   contributions  to  the
   health  insurance  fund,  the   employees'
   retirement   system  pension  accumulation
   fund,  the  social  security  contribution
   fund,  employee benefit fund programs, the
   dental insurance  plan,  the  vision  care
   plan, the unemployment insurance fund, and
   for  workers'  compensation  benefits, the
   sum  of  three  hundred  million   dollars
   ($300,000,000),  or  so  much  thereof  as
   shall  be  sufficient  to  accomplish  the
   purpose designated, is hereby appropriated
   to  the judiciary out of any moneys in the
   general fund or other funds to the  credit
   of  the  state purposes account not other-
   wise  appropriated.  The  comptroller   is
   hereby  authorized and directed to utilize
   this  appropriation  for  the  purpose  of
   making  payments for employee fringe bene-
   fit liabilities incurred by the  judiciary
   from April 1 through May [6] 7, 2025 ....... 300,000,000
                                             --------------
 
   §  5. Section 5 of chapter 113 of the laws of 2025, relating to making
 appropriations for the support of government, as amended by chapter  125
 of the laws of 2025, 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
 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 ......... [44,450,000]    47,660,000
                                             --------------
 
   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
 S. 7766                             6
 
 For various  federal  food  and  nutritional
   services.  The  moneys hereby appropriated
   shall be available for payment  of  finan-
   cial assistance heretofore accrued (26986)
   ............................. [37,450,000]    40,660,000
                               --------------
 
 CHILD HEALTH INSURANCE PROGRAM ............................. 109,366,000
                                                           --------------
 
   Special Revenue Funds - Other
   HCRA Resources Fund
   Children's Health Insurance Account - 20810
 
 The  money  hereby appropriated is available
   for payment of aid heretofore  accrued  or
   hereafter accrued.
 Notwithstanding  any other provision of law,
   the  money  hereby  appropriated  may   be
   increased  or  decreased  by  transfer  or
   suballocation  to  appropriations  of  the
   office of temporary and disability assist-
   ance,   for  the  reimbursement  of  local
   district administrative costs  related  to
   children  newly enrolled in medicaid whose
   household income is  between  100  percent
   and  133  percent  of  the federal poverty
   level.
 Notwithstanding any provision of law to  the
   contrary,  the amounts appropriated herein
   shall  be   net   of   refunds,   rebates,
   reimbursements,    credits,    repayments,
   and/or disallowances.
 For services and  expenses  related  to  the
   children's    health   insurance   program
   authorized pursuant to title 1-A of  arti-
   cle 25 of the public health law (26931) .... 109,366,000
                                             --------------

 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
 S. 7766                             7
 
 MEDICAL ASSISTANCE PROGRAM ............... [7,793,997,000] 8,652,436,000
                                             --------------
 
   General Fund
   Local Assistance Account - 10000

 For  the medical assistance program, includ-
   ing  administrative  expenses,  for  local
   social services districts, and for medical
   care rates for authorized child care agen-
   cies.
 Notwithstanding  section  40  of  the  state
   finance law or any provision of law to the
   contrary,  subject  to  federal  approval,
   department  of health state funds medicaid
   spending, excluding payments  for  medical
   services   provided  at  state  facilities
   operated by the office of  mental  health,
   the  office  for people with developmental
   disabilities and the office  of  addiction
   services  and supports and further exclud-
   ing any payments which are  not  appropri-
   ated  within  the department of health, in
   the aggregate, for  the  period  April  1,
   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
 S. 7766                             8
 
   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
   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
 S. 7766                             9
 
   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
   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
 S. 7766                            10
 
   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.
 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
 S. 7766                            11
 
   (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
   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
 S. 7766                            12

   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
   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
 S. 7766                            13
 
   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
   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
 S. 7766                            14
 
   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.
 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) ....................... 121,200,000
 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) ........................ 31,296,000
 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) ........................ 57,078,000
 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
 S. 7766                            15
 
   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) ....................... 152,808,000
 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) ....................... 774,279,000
 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) ....................... 477,739,000
 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) ........................ 18,096,000
 For  services  and  expenses  of the medical
   assistance  program   including   pharmacy
   services  provided, however, that no funds
   shall be made available pursuant  to  this
 S. 7766                            16
 
   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
   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) ....................... 290,856,000
 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) ........................ 43,032,000
 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) ........................... 492,000
 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
 S. 7766                            17
 
   2025-26 set forth in  chapter  53  of  the
   laws of 2024 (26956) ....................... 118,812,000
 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) ........ [417,000,000]  500,400,000
                               --------------
 
   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
 S. 7766                            18
 
   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 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
 S. 7766                            19
 
   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
   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) ........ [289,070,000]  346,884,000
 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-
 S. 7766                            20
 
   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) ......... [51,860,000]   62,232,000
 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) ......... [84,835,000]  101,802,000
 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) ........ [396,795,000]  476,154,000
 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) ..... [1,323,939,000] 1,456,333,000
 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
 S. 7766                            21
 
   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) ..... [1,508,290,000] 1,659,119,000
 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) ........ [463,080,000]  555,696,000
 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) ......... [61,175,000]   73,410,000
 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) .......... [7,110,000]    8,532,000
 For  services  and  expenses  of the medical
   assistance program  including  noninstitu-
   tional and other spending.
 S. 7766                            22

 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
   2025-26 set forth in  chapter  53  of  the
   laws of 2024 (26956) ........ [688,155,000]  825,786,000
 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) ........ [417,000,000]  500,400,000
                               --------------
 
   §  6. Section 6 of chapter 113 of the laws of 2025, relating to making
 appropriations for the support of government, as amended by chapter  125
 of the laws of 2025, 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 .... [975,000,000]  1,140,000,000
                                             --------------
 
   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
 S. 7766                            23
 
   extended   benefit  program,  the  federal
   additional  compensation  program  or  any
   other  federally funded unemployment bene-
   fit program (34787) ........ [975,000,000] 1,140,000,000
 
   § 7. Section 11 of chapter 119 of the laws of 2025, relating to making
 appropriations for the support of government, as amended by chapter  125
 of the laws of 2025, is amended to read as follows:
   §  11.  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 MENTAL HYGIENE
             OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES
 
                             AID TO LOCALITIES
 
 COMMUNITY SERVICES PROGRAM ................. [428,257,000]   433,306,000
                                             --------------
 
   General Fund
   Local Assistance Account - 10000
 
 For  services  and expenses of the community
   services program,  net  of  disallowances,
   for  community  programs  for  people with
   developmental  disabilities  pursuant   to
   article  41  of  the  mental  hygiene law,
   and/or chapter 620 of the  laws  of  1974,
   chapter  660  of the laws of 1977, chapter
   412 of the laws of 1981, chapter 27 of the
   laws of 1987, chapter 729 of the  laws  of
   1989,  chapter 329 of the laws of 1993 and
   other provisions  of  the  mental  hygiene
   law.   Notwithstanding   any  inconsistent
   provision of law, the following  appropri-
   ation shall be net of prior and/or current
   year refunds, rebates, reimbursements, and
   credits.
 Notwithstanding  any other provision of law,
   advances and reimbursement  made  pursuant
   to  subdivision  (d)  of section 41.15 and
   section 41.18 of the  mental  hygiene  law
   shall  be allocated pursuant to a plan and
   in a manner prescribed by the agency  head
   and  approved by the director of the budg-
   et. The  moneys  hereby  appropriated  are
   available  to reimburse or advance locali-
   ties and voluntary non-profit agencies for
   expenditures  made  during  local   fiscal
   periods  commencing January 1, 2025, April
   1, 2025 or July 1, 2025, and for  advances
   for  the  3 month period beginning January
   1, 2026.
 S. 7766                            24
 
 Notwithstanding the provisions of article 41
   of the mental hygiene  law  or  any  other
   inconsistent  provision  of  law,  rule or
   regulation, the commissioner, pursuant  to
   such  contract  and in the manner provided
   therein, may pay all or a portion  of  the
   expenses  incurred by such voluntary agen-
   cies arising out of loans which are funded
   from  the  proceeds  of  bonds  and  notes
   issued  by  the dormitory authority of the
   state of New York.
 Notwithstanding any other provision of  law,
   the   money  hereby  appropriated  may  be
   transferred to state operations and/or any
   appropriation of  the  office  for  people
   with  developmental  disabilities with the
   approval of the director of the budget.
 Notwithstanding any  inconsistent  provision
   of law, moneys from this appropriation may
   be used for state aid of up to 100 percent
   of  the  net deficit costs of day training
   programs and family support services.
 Notwithstanding the  provisions  of  section
   16.23  of  the  mental hygiene law and any
   other inconsistent provision of law,  with
   relation  to  the  operation  of certified
   family care homes, including  family  care
   homes  sponsored by voluntary not-for-pro-
   fit agencies, moneys from  this  appropri-
   ation may be used for payments to purchase
   general services including but not limited
   to  respite  providers, up to a maximum of
   14 days, at rates to be established by the
   commissioner and approved by the  director
   of  the budget in consideration of factors
   including, but not limited to,  geographic
   area  and  number  of clients cared for in
   the home and  for  payment  in  an  amount
   determined  by  the  commissioner  for the
   personal needs of each client residing  in
   the family care home.
 Notwithstanding  the  provisions of subdivi-
   sion 12 of section 8 of the state  finance
   law  and  any other inconsistent provision
   of law, moneys from this appropriation may
   be used for expenses of family care  homes
   including  payments to operators of certi-
   fied family care homes for damages  caused
   by  clients  to personal and real property
   in accordance with  standards  established
   by  the  commissioner  and approved by the
   director of the budget.
 Notwithstanding any  inconsistent  provision
   of law, moneys from this appropriation may
   be   used   for  appropriate  day  program
   services and residential services  includ-
 S. 7766                            25
 
   ing,  but  not  limited to, direct housing
   subsidies   to    individuals,    start-up
   expenses  for family care providers, envi-
   ronmental modifications, adaptive technol-
   ogies,   appraisals,   property   options,
   feasibility  studies  and   preoperational
   expenses.
 Notwithstanding  any  inconsistent provision
   of law except pursuant to a chapter of the
   laws of 2024 authorizing  a  2.84  percent
   cost  of living adjustment, for the period
   commencing on April  1,  2024  and  ending
   March  31, 2025 the commissioner shall not
   apply any other cost of living  adjustment
   for  the  purpose of establishing rates of
   payments, contracts or any other  form  of
   reimbursement;  provided  that  this shall
   not prevent the commissioner from applying
   prior  adjustments  for  the  purpose   of
   establishing rates resulting from a rebas-
   ing of base year costs.
 Notwithstanding  section  6908 of the educa-
   tion law and any other provision  of  law,
   rule or regulation to the contrary, direct
   support  staff  in  programs  certified or
   approved by the  office  for  people  with
   developmental  disabilities, including the
   home and community based  services  waiver
   programs  that  the office for people with
   developmental disabilities  is  authorized
   to administer with federal approval pursu-
   ant  to subdivision (c) of section 1915 of
   the  federal  social  security  act,   are
   authorized  to provide such tasks as OPWDD
   may  specify  when  performed  under   the
   supervision,    training    and   periodic
   inspection of  a  registered  professional
   nurse and in accordance with an authorized
   practitioner's ordered care.
 Notwithstanding  any  other provision of law
   to  the  contrary,  and  consistent   with
   section  33.07  of the mental hygiene law,
   the directors of facilities  licensed  but
   not operated by the office for people with
   developmental   disabilities  who  act  as
   federally-appointed representative  payees
   and  who  assume management responsibility
   over the funds of a resident may  continue
   to  use  such  funds  for  the cost of the
   resident's care and treatment,  consistent
   with federal law and regulations.
 Funds appropriated herein shall be available
   in accordance with the following:
 Notwithstanding  any  inconsistent provision
   of law, the  director  of  the  budget  is
   authorized  to  make  suballocations  from
 S. 7766                            26
 
   this appropriation to  the  department  of
   health medical assistance program.
 Notwithstanding  any  inconsistent provision
   of law, and pursuant  to  criteria  estab-
   lished  by  the commissioner of the office
   for people with developmental disabilities
   and approved by the director of the  budg-
   et,  expenditures  may  be  made from this
   appropriation for  residential  facilities
   which   are   pending  recertification  as
   intermediate care  facilities  for  people
   with developmental disabilities.
 Notwithstanding  the  provisions  of section
   41.36 of the mental hygiene  law  and  any
   other   inconsistent   provision  of  law,
   moneys from this appropriation may be used
   for  payment  up  to  $250  per  year  per
   client,  at  such times and in such manner
   as determined by the commissioner  on  the
   basis  of  financial need for the personal
   needs of each client residing in voluntar-
   y-operated community residences and volun-
   tary-operated community residential alter-
   natives,     including      individualized
   residential  alternatives  under  the home
   and community based services  waiver.  The
   commissioner   shall,   subject   to   the
   approval of the director  of  the  budget,
   alter  existing  advance payment schedules
   for  voluntary-operated  community   resi-
   dences  established  pursuant  to  section
   41.36 of the mental hygiene law.
 Notwithstanding any  inconsistent  provision
   of law, moneys from this appropriation may
   be  used  for  the  operation  of  clinics
   licensed pursuant to  article  16  of  the
   mental  hygiene  law  including,  but  not
   limited to,  supportive  and  habilitative
   services  consistent  with  the  home  and
   community based services waiver.
 For the state share  of  medical  assistance
   services  expenses incurred by the depart-
   ment  of  health  for  the  provision   of
   medical assistance services to people with
   developmental disabilities (37835) ......... 369,352,000
 For  services  and expenses of the community
   services program,  net  of  disallowances,
   for  community  programs  for  people with
   developmental  disabilities  pursuant   to
   article  41  of  the  mental  hygiene law,
   and/or chapter 620 of the  laws  of  1974,
   chapter  660  of the laws of 1977, chapter
   412 of the laws of 1981, chapter 27 of the
   laws of 1987, chapter 729 of the  laws  of
   1989,  chapter 329 of the laws of 1993 and
   other provisions  of  the  mental  hygiene
 S. 7766                            27
 
   law.   Notwithstanding   any  inconsistent
   provision of law, the following  appropri-
   ation shall be net of prior and/or current
   year refunds, rebates, reimbursements, and
   credits.
 Notwithstanding  any other provision of law,
   advances and reimbursement  made  pursuant
   to  subdivision  (d)  of section 41.15 and
   section 41.18 of the  mental  hygiene  law
   shall  be allocated pursuant to a plan and
   in a manner prescribed by the agency  head
   and  approved by the director of the budg-
   et. The  moneys  hereby  appropriated  are
   available  to reimburse or advance locali-
   ties and voluntary non-profit agencies for
   expenditures  made  during  local   fiscal
   periods  commencing January 1, 2025, April
   1, 2025 or July 1, 2025, and for  advances
   for  the  3 month period beginning January
   1, 2026.
 Notwithstanding the provisions of article 41
   of the mental hygiene  law  or  any  other
   inconsistent  provision  of  law,  rule or
   regulation, the commissioner, pursuant  to
   such  contract  and in the manner provided
   therein, may pay all or a portion  of  the
   expenses  incurred by such voluntary agen-
   cies arising out of loans which are funded
   from  the  proceeds  of  bonds  and  notes
   issued  by  the dormitory authority of the
   state of New York.
 Notwithstanding any other provision of  law,
   the   money  hereby  appropriated  may  be
   transferred to state operations and/or any
   appropriation of  the  office  for  people
   with  developmental  disabilities with the
   approval of the director of the budget.
 Notwithstanding any  inconsistent  provision
   of law, moneys from this appropriation may
   be used for state aid of up to 100 percent
   of  the  net deficit costs of day training
   programs and family support services.
 Notwithstanding the  provisions  of  section
   16.23  of  the  mental hygiene law and any
   other inconsistent provision of law,  with
   relation  to  the  operation  of certified
   family care homes, including  family  care
   homes  sponsored by voluntary not-for-pro-
   fit agencies, moneys from  this  appropri-
   ation may be used for payments to purchase
   general services including but not limited
   to  respite  providers, up to a maximum of
   14 days, at rates to be established by the
   commissioner and approved by the  director
   of  the budget in consideration of factors
   including, but not limited to,  geographic
 S. 7766                            28
 
   area  and  number  of clients cared for in
   the home and  for  payment  in  an  amount
   determined  by  the  commissioner  for the
   personal  needs of each client residing in
   the family care home.
 Notwithstanding the provisions  of  subdivi-
   sion  12 of section 8 of the state finance
   law and any other  inconsistent  provision
   of law, moneys from this appropriation may
   be  used for expenses of family care homes
   including payments to operators of  certi-
   fied  family care homes for damages caused
   by clients to personal and  real  property
   in  accordance  with standards established
   by the commissioner and  approved  by  the
   director of the budget.
 Notwithstanding  any  inconsistent provision
   of law, moneys from this appropriation may
   be  used  for  appropriate   day   program
   services  and residential services includ-
   ing, but not limited  to,  direct  housing
   subsidies    to    individuals,   start-up
   expenses for family care providers,  envi-
   ronmental modifications, adaptive technol-
   ogies,   appraisals,   property   options,
   feasibility  studies  and   preoperational
   expenses.
 Notwithstanding  any  inconsistent provision
   of law except pursuant to a chapter of the
   laws of 2024 authorizing  a  2.84  percent
   cost  of living adjustment, for the period
   commencing on April  1,  2024  and  ending
   March  31, 2025 the commissioner shall not
   apply any other cost of living  adjustment
   for  the  purpose of establishing rates of
   payments, contracts or any other  form  of
   reimbursement;  provided  that  this shall
   not prevent the commissioner from applying
   prior  adjustments  for  the  purpose   of
   establishing rates resulting from a rebas-
   ing of base year costs.
 Notwithstanding  section  6908 of the educa-
   tion law and any other provision  of  law,
   rule or regulation to the contrary, direct
   support  staff  in  programs  certified or
   approved by the  office  for  people  with
   developmental  disabilities, including the
   home and community based  services  waiver
   programs  that  the office for people with
   developmental disabilities  is  authorized
   to administer with federal approval pursu-
   ant  to subdivision (c) of section 1915 of
   the  federal  social  security  act,   are
   authorized  to provide such tasks as OPWDD
   may  specify  when  performed  under   the
   supervision,    training    and   periodic
 S. 7766                            29
 
   inspection of  a  registered  professional
   nurse and in accordance with an authorized
   practitioner's ordered care.
 Notwithstanding  any  other provision of law
   to  the  contrary,  and  consistent   with
   section  33.07  of the mental hygiene law,
   the directors of facilities  licensed  but
   not operated by the office for people with
   developmental   disabilities  who  act  as
   federally-appointed representative  payees
   and  who  assume management responsibility
   over the funds of a resident may  continue
   to  use  such  funds  for  the cost of the
   resident's care and treatment,  consistent
   with federal law and regulations.
 Funds appropriated herein shall be available
   in accordance with the following:
 Notwithstanding  any  other provision of law
   to the contrary, funds appropriated herein
   are available to reimburse in- and out-of-
   state private residential schools,  pursu-
   ant  to subdivision (c) of section 13.37-a
   and subdivision (g) of  section  13.38  of
   the  mental  hygiene  law,  for  costs  of
   supporting the residential and day program
   services available to individuals who  are
   over  the age of 21 years of age, provided
   that  the  amount  paid  for   residential
   services  and/or  maintenance costs is net
   of any supplemental security income  bene-
   fit  to  which  the  individual  receiving
   services is eligible, and provided further
   that funding for  nonresidential  services
   will  be  in  an  amount not to exceed the
   maximum reimbursement for appropriate  day
   services   delivered  by  the  office  for
   people  with  developmental   disabilities
   certified or approved providers other than
   in-  and  out-of-state private residential
   schools, unless  otherwise  authorized  by
   the director of the budget.
 Notwithstanding  section  163  of  the state
   finance law, section 142 of  the  economic
   development  law,  and  article  41 of the
   mental hygiene law,  the  commissioner  of
   the  office  for people with developmental
   disabilities may make the funds  appropri-
   ated herein available as state aid, a loan
   or  a  grant, pursuant to terms and condi-
   tions established by the  commissioner  of
   the  office  for people with developmental
   disabilities, to cover a  portion  of  the
   development   costs   of  private,  public
   and/or non-profit organizations, including
   corporations and partnerships  established
   pursuant  to  the  private housing finance
 S. 7766                            30
 
   law and/or any other statutory provisions,
   for supportive  housing  units  that  have
   been set aside for individuals with intel-
   lectual and developmental disabilities.
 Further, the office for people with develop-
   mental  disabilities  shall have a lien on
   the  real  property  developed  with  such
   state aid, loans or grants, which shall be
   in  the amount of the loan or grant, for a
   maximum term of 30 years, or other  longer
   term  consistent  with the requirements of
   another regulatory agency.
 For services and  expenses  related  to  the
   provision   of   residential  services  to
   people  with  developmental   disabilities
   (37802) ..................... [34,195,000]    37,126,000
 For  services  and  expenses  related to the
   provision  of  day  program  services   to
   people   with  developmental  disabilities
   (37803) ...................... [8,400,000]     9,120,000
 For services and  expenses  related  to  the
   provision  of  family  support services to
   people  with  developmental   disabilities
   (37804) ...................... [9,450,000]    10,260,000
 For  services  and  expenses  related to the
   provision of workshop,  day  training  and
   employment  services to people with devel-
   opmental disabilities. Notwithstanding any
   other provision of law, up to $800,000  of
   this  appropriation  may be transferred to
   the New York State Education  Departments'
   Adult   Career  and  Continuing  Education
   Services   -   Vocational   Rehabilitation
   (ACCES-VR)  program  to  support the Long-
   Term Sheltered Employment program operated
   by FEDCAP  Rehabilitation  Services,  Inc.
   (37805) ...................... [5,460,000]     5,928,000
 For  other services and expenses provided to
   people  with  developmental   disabilities
   including  but not limited to hepatitis B,
   care at home  waiver,  epilepsy  services,
   Special Olympics New York, Inc. and volun-
   tary fingerprinting (37806) .. [1,400,000]     1,520,000
                               --------------
 
   §  8. Section 8 of chapter 113 of the laws of 2025, relating to making
 appropriations for the support of government, as amended by chapter  125
 of the laws of 2025, is amended to read as follows:
   §  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.
 S. 7766                            31
 
                     DEPARTMENT OF VETERANS' SERVICES
 
                             AID TO LOCALITIES

 BLIND VETERAN ANNUITY ASSISTANCE PROGRAM ....................... 385,000
                                                           --------------
 
   General Fund
   Local Assistance Account - 10000
 
 For  payment  of annuities to blind veterans
   and  eligible  surviving  spouses.  Up  to
   $15,000   of  this  appropriation  may  be
   transferred to state operations for admin-
   istrative  costs  associated   with   this
   program (54606) ................................ 385,000
 
 VETERANS' BENEFITS ADVISING PROGRAM ............. [490,000]      532,000
                                             --------------
 
   Special Revenue Funds - Other
   Homeless Veterans Assistance Fund
   Homeless Veterans Assistance Account - 20204
 
 For  services  and expenses related to home-
   less veterans' housing (54815) .. [490,000]      532,000
 
   § 9. No expenditure may be made from any appropriation  in  this  act,
 until  a  certificate of approval has been issued by the director of the
 budget and a copy of such certificate shall have  been  filed  with  the
 state  comptroller, the chairman of the senate finance committee and the
 chairman of the assembly ways and  means  committee  provided,  however,
 that  any  expenditures  from  any appropriation in this act made by the
 legislature or judiciary shall not require such certificate.
 
   § 10. All expenditures and disbursements made  against  the  appropri-
 ations in this act shall, upon final action by the legislature on appro-
 priation  bills submitted by the governor pursuant to article VII of the
 state constitution for the support of government for  the  state  fiscal
 year  beginning  April  1,  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.
 S. 7766                            32
 
   §  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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