STATE OF NEW YORK
________________________________________________________________________
8068
2025-2026 Regular Sessions
IN ASSEMBLY
April 24, 2025
___________
Introduced by M. of A. PRETLOW -- (at request of the Governor) -- read
once and referred to the Committee on Ways and Means
AN ACT making appropriations for the support of government; to amend
chapter 113 of the laws of 2025 making appropriations for the support
of government, in relation thereto; 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:
1 Section 1. Legislative intent. The legislature hereby finds and
2 declares that the enactment of these appropriations provides sufficient
3 authority to the comptroller for the purpose of making payments for the
4 purposes described herein until such time as appropriation bills submit-
5 ted by the governor pursuant to article VII of the state constitution
6 for the support of government for the state fiscal year beginning April
7 1, 2025 are enacted.
8 § 2. Section 2 of chapter 113 of the laws of 2025, relating to making
9 appropriations for the support of government, as amended by chapter 122
10 of the laws of 2025, is amended to read as follows:
11 § 2. The amounts specified in this section, or so much thereof as
12 shall be sufficient to accomplish the purposes designated, is hereby
13 appropriated and authorized to be paid as hereinafter provided, to the
14 public officers and for the purpose specified, which amount shall be
15 available for the state fiscal year beginning April 1, 2025.
16 ALL STATE DEPARTMENTS AND AGENCIES
17 For the purpose of making payments for
18 personal service, including liabilities
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12009-01-5
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1 incurred prior to April 1, 2025, on the
2 payrolls scheduled to be paid during the
3 period April 1 through April [24] 29, 2025
4 to state officers and employees of the
5 executive branch, including the governor,
6 lieutenant governor, comptroller, and
7 attorney general, and to employees of the
8 legislature. This appropriation also
9 includes payments for services performed
10 by mentally ill or developmentally disa-
11 bled persons who are employed in state-op-
12 erated special employment, work-for-pay or
13 sheltered workshop programs .............. 1,336,630,000
14 --------------
15 § 3. Section 3 of chapter 113 of the laws of 2025, relating to making
16 appropriations for the support of government, as amended by chapter 122
17 of the laws of 2025, is amended to read as follows:
18 § 3. The amount specified in this section, or so much thereof as shall
19 be sufficient to accomplish the purpose designated, is hereby appropri-
20 ated and authorized to be paid as hereinafter provided, to the public
21 officers and for the purpose specified, which amount shall be available
22 for the state fiscal year beginning April 1, 2025.
23 ALL STATE DEPARTMENTS AND AGENCIES
24 For the payment of state operations non
25 personal service liabilities to the execu-
26 tive branch, including the comptroller,
27 and the attorney general, and legislature,
28 incurred in the ordinary course of busi-
29 ness, during the period April 1 through
30 April [24] 29, 2025, pursuant to existing
31 state law and for purposes for which the
32 legislature authorized the expenditure of
33 moneys during the 2024-2025 state fiscal
34 year; provided, however, that nothing
35 contained herein shall be deemed to limit
36 or restrict the power or authority of
37 state departments or agencies to conduct
38 their activities or operations in accord-
39 ance with existing law, and further
40 provided that nothing contained herein
41 shall be deemed to supersede, nullify or
42 modify the provisions of section 40 of the
43 state finance law prescribing when appro-
44 priations made for the 2024-2025 state
45 fiscal year shall have ceased to have
46 force and effect ............................ 34,000,000
47 --------------
48 § 4. Section 4 of chapter 113 of the laws of 2025, relating to making
49 appropriations for the support of government, as amended by chapter 122
50 of the laws of 2025, is amended to read as follows:
51 § 4. The amounts specified in this section, or so much thereof as
52 shall be sufficient to accomplish the purposes designated, is hereby
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1 appropriated and authorized to be paid as hereinafter provided, to the
2 public officers and for the purposes specified, which amount shall be
3 available for the state fiscal year beginning April 1, 2025.
4 MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES
5 GENERAL STATE CHARGES
6 STATE OPERATIONS
7 GENERAL STATE CHARGES ....................... [567,571,000] 575,295,000
8 --------------
9 General Fund
10 State Purposes Account - 10050
11 For employee fringe benefits according to
12 the following project schedule including
13 those benefits which are related to
14 employees paid from funds, accounts, or
15 programs where the division of the budget
16 has issued waivers .......... [567,471,000] 567,475,000
17 Project Schedule
18 PROJECT AMOUNT
19 --------------------------------------------
20 For the state's contribution
21 to the health insurance fund
22 and deposit into the retiree
23 health benefit trust fund
24 pursuant to section 99-aa of
25 the state finance law. The
26 state's share of the health
27 insurance program dividends
28 shall be available to pay
29 for the premiums in 2025-26 .. 422,000,000
30 For the state's contribution
31 to the social security
32 contribution fund ............. 99,150,000
33 For the state's contribution
34 to employee benefit fund
35 programs ...................... 37,500,000
36 For the state's contribution
37 to the dental insurance plan ... 6,000,000
38 For the state's share of
39 contributions to the volun-
40 tary defined contribution
41 plan made on behalf of
42 eligible employees pursuant
43 to chapter 18 of the laws of
44 2012 who elect to partic-
45 ipate in such plan and who
46 are not otherwise eligible
47 to participate in the SUNY
48 optional retirement program
49 ................... [554,000] 558,000
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1 For the payment of the metro-
2 politan commuter transporta-
3 tion mobility tax pursuant
4 to article 23 of the tax
5 law, as added by chapter 25
6 of the laws of 2009, on
7 behalf of the state employ-
8 ees employed in the metro-
9 politan commuter transporta-
10 tion district .................. 2,250,000
11 For the state's contribution
12 to the vision care plan ........... 17,000
13 --------------
14 Project schedule total ...
15 ........... [567,471,000] 567,475,000
16 --------------
17 For payments in accordance with section 19-a
18 of the public lands law (80567) .............. 7,720,000
19 For payment of claims for damage to personal
20 or real property or for bodily injuries or
21 wrongful death caused by officers, employ-
22 ees, or other authorized persons providing
23 service to state government while provid-
24 ing such service, and the state university
25 construction fund while acting within the
26 scope of their employment, and while oper-
27 ating motor vehicles, and for any individ-
28 uals operating motor vehicles which are
29 assigned on a permanent basis with unre-
30 stricted use to state officers and employ-
31 ees when the person is permanently
32 assigned the motor vehicle (80559) ............. 100,000
33 --------------
34 § 5. Section 5 of chapter 118 of the laws of 2025, relating to making
35 appropriations for the support of government, as amended by chapter 122
36 of the laws of 2025, is amended to read as follows:
37 § 5. The amounts specified in this section, or so much thereof as
38 shall be sufficient to accomplish the purposes designated, is hereby
39 appropriated and authorized to be paid as hereinafter provided, to the
40 public officers and for the purposes specified, which amount shall be
41 available for the state fiscal year beginning April 1, 2025.
42 JUDICIARY
43 For the purpose of making payments for
44 personal service, including liabilities
45 incurred prior to April 1, 2025, on the
46 payrolls scheduled to be paid during the
47 period April 1 through April [24] 29, 2025
48 to officers and employees of the judiciary
49 ............................................ 175,000,000
50 For the payment of state operations nonper-
51 sonal service liabilities, the sum of
52 twenty-five million dollars ($25,000,000),
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1 or so much thereof as shall be sufficient
2 to accomplish the purpose designated, is
3 hereby appropriated to the judiciary out
4 of any moneys in the general fund or other
5 funds to the credit of the state purposes
6 account not otherwise appropriated. The
7 comptroller is hereby authorized and
8 directed to utilize this appropriation for
9 the purpose of making payments for nonper-
10 sonal service liabilities incurred by the
11 judiciary from April 1 through April [24]
12 29, 2025 .................................... 25,000,000
13 For the payment of aid to localities liabil-
14 ities, the sum of thirty million dollars
15 ($30,000,000), or so much thereof as shall
16 be sufficient to accomplish the purpose
17 designated, is hereby appropriated to the
18 judiciary out of any moneys in the general
19 fund or other funds to the credit of the
20 state purposes account not otherwise
21 appropriated. The comptroller is hereby
22 authorized and directed to utilize this
23 appropriation for the purpose of making
24 payments for aid to localities liabilities
25 incurred by the judiciary from April 1
26 through April [24] 29, 2025 ................. 30,000,000
27 For the payment of employee fringe benefit
28 programs including, but not limited to,
29 the judiciary's contributions to the
30 health insurance fund, the employees'
31 retirement system pension accumulation
32 fund, the social security contribution
33 fund, employee benefit fund programs, the
34 dental insurance plan, the vision care
35 plan, the unemployment insurance fund, and
36 for workers' compensation benefits, the
37 sum of three hundred million dollars
38 ($300,000,000), or so much thereof as
39 shall be sufficient to accomplish the
40 purpose designated, is hereby appropriated
41 to the judiciary out of any moneys in the
42 general fund or other funds to the credit
43 of the state purposes account not other-
44 wise appropriated. The comptroller is
45 hereby authorized and directed to utilize
46 this appropriation for the purpose of
47 making payments for employee fringe bene-
48 fit liabilities incurred by the judiciary
49 from April 1 through April [24] 29, 2025 ... 300,000,000
50 --------------
51 § 6. Section 5 of chapter 113 of the laws of 2025, relating to making
52 appropriations for the support of government, as amended by chapter 122
53 of the laws of 2025, is amended to read as follows:
54 § 5. The amounts specified in this section, or so much thereof as
55 shall be sufficient to accomplish the purposes designated, is hereby
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1 appropriated and authorized to be paid as hereinafter provided, to the
2 public officers and for the purposes specified, which amount shall be
3 available for the state fiscal year beginning April 1, 2025.
4 DEPARTMENT OF HEALTH
5 AID TO LOCALITIES
6 CENTER FOR COMMUNITY HEALTH PROGRAM ......... [32,680,000] 38,030,000
7 --------------
8 General Fund
9 Local Assistance Account - 10000
10 For services and expenses related to the
11 Indian health program. The money hereby
12 appropriated shall be for payment of
13 financial assistance heretofore accrued or
14 hereafter to accrue (26840) .................. 7,000,000
15 --------------
16 Special Revenue Funds - Federal
17 Federal USDA-Food and Nutrition Services Fund
18 Federal Food and Nutrition Services Account - 25022
19 For various federal food and nutritional
20 services. The moneys hereby appropriated
21 shall be available for payment of finan-
22 cial assistance heretofore accrued (26986)
23 ............................. [25,680,000] 31,030,000
24 --------------
25 ELDERLY PHARMACEUTICAL INSURANCE COVERAGE PROGRAM ............ 1,520,000
26 --------------
27 Special Revenue Funds - Other
28 HCRA Resources Fund
29 EPIC Premium Account - 20818
30 For services and expenses of the program for
31 elderly pharmaceutical insurance coverage,
32 including reimbursement to pharmacies
33 participating in such program.
34 The moneys hereby appropriated shall be
35 available for payment of financial assist-
36 ance heretofore accrued (26803) .............. 1,520,000
37 MEDICAL ASSISTANCE PROGRAM ............... [6,032,985,000] 7,541,232,000
38 --------------
39 General Fund
40 Local Assistance Account - 10000
41 For the medical assistance program, includ-
42 ing administrative expenses, for local
A. 8068 7
1 social services districts, and for medical
2 care rates for authorized child care agen-
3 cies.
4 Notwithstanding section 40 of the state
5 finance law or any provision of law to the
6 contrary, subject to federal approval,
7 department of health state funds medicaid
8 spending, excluding payments for medical
9 services provided at state facilities
10 operated by the office of mental health,
11 the office for people with developmental
12 disabilities and the office of addiction
13 services and supports and further exclud-
14 ing any payments which are not appropri-
15 ated within the department of health, in
16 the aggregate, for the period April 1,
17 2025 through March 31, 2026, shall not
18 exceed $33,417,285,000 except as provided
19 below provided, however, such aggregate
20 limits may be adjusted by the director of
21 the budget to account for any changes in
22 the New York state federal medical assist-
23 ance percentage amount established pursu-
24 ant to the federal social security act,
25 increases in provider revenues, reductions
26 in local social services district payments
27 for medical assistance administration,
28 minimum wage increases, and beginning
29 April 1, 2012 the operational costs of the
30 New York state medical indemnity fund,
31 pursuant to chapter 59 of the laws of
32 2011, and state costs or savings from the
33 essential plan program. Such projections
34 may be adjusted by the director of the
35 budget to account for increased or expe-
36 dited department of health state funds
37 medicaid expenditures as a result of a
38 natural or other type of disaster, includ-
39 ing a governmental declaration of emergen-
40 cy.
41 The director of the budget, in consultation
42 with the commissioner of health, shall
43 assess on a quarterly basis known and
44 projected medicaid expenditures by catego-
45 ry of service and by geographic region, as
46 defined by the commissioner, incurred both
47 prior to and subsequent to such assessment
48 for each such period, and if the director
49 of the budget determines that such expend-
50 itures are expected to cause medicaid
51 spending for such period to exceed the
52 aggregate limit specified herein for such
53 period, the state medicaid director, in
54 consultation with the director of the
55 budget and the commissioner of health,
56 shall develop a medicaid savings allo-
A. 8068 8
1 cation adjustment to limit such spending
2 to the aggregate limit specified herein
3 for such period.
4 Such medicaid savings allocation adjustment
5 shall be designed, to reduce the expendi-
6 tures authorized by the appropriations
7 herein in compliance with the following
8 guidelines: (1) reductions shall be made
9 in compliance with applicable federal law,
10 including the provisions of the Patient
11 Protection and Affordable Care Act, Public
12 Law No. 111-148, and the Health Care and
13 Education Reconciliation Act of 2010,
14 Public Law No. 111-152 (collectively
15 "Affordable Care Act") and any subsequent
16 amendments thereto or regulations promul-
17 gated thereunder; (2) reductions shall be
18 made in a manner that complies with the
19 state medicaid plan approved by the feder-
20 al centers for medicare and medicaid
21 services, provided, however, that the
22 commissioner of health is authorized to
23 submit any state plan amendment or seek
24 other federal approval, including waiver
25 authority, to implement the provisions of
26 the medicaid savings allocation adjustment
27 that meets the other criteria set forth
28 herein; (3) reductions shall be made in a
29 manner that maximizes federal financial
30 participation, to the extent practicable,
31 including any federal financial partic-
32 ipation that is available or is reasonably
33 expected to become available, in the
34 discretion of the commissioner, under the
35 Affordable Care Act; (4) reductions shall
36 be made uniformly among categories of
37 services and geographic regions of the
38 state, to the extent practicable, and
39 shall be made uniformly within a category
40 of service, to the extent practicable,
41 except where the commissioner determines
42 that there are sufficient grounds for
43 non-uniformity, including but not limited
44 to: the extent to which specific catego-
45 ries of services contributed to department
46 of health medicaid state funds spending in
47 excess of the limits specified herein; the
48 need to maintain safety net services in
49 underserved communities; or the potential
50 benefits of pursuing innovative payment
51 models contemplated by the Affordable Care
52 Act, in which case such grounds shall be
53 set forth in the medicaid savings allo-
54 cation adjustment; and (5) reductions
55 shall be made in a manner that does not
56 unnecessarily create administrative
A. 8068 9
1 burdens to medicaid applicants and recipi-
2 ents or providers.
3 The commissioner shall seek the input of the
4 legislature, as well as organizations
5 representing health care providers,
6 consumers, businesses, workers, health
7 insurers, and others with relevant exper-
8 tise, in developing such medicaid savings
9 allocation adjustment, to the extent that
10 all or part of such adjustment, in the
11 discretion of the commissioner, is likely
12 to have a material impact on the overall
13 medicaid program, particular categories of
14 service or particular geographic regions
15 of the state.
16 (a) The commissioner shall post the medicaid
17 savings allocation adjustment on the
18 department of health's website and shall
19 provide written copies of such adjustment
20 to the chairs of the senate finance and
21 the assembly ways and means committees at
22 least 30 days before the date on which
23 implementation is expected to begin.
24 (b) The commissioner may revise the medicaid
25 savings allocation adjustment subsequent
26 to the provisions of notice and prior to
27 implementation but needs to provide a new
28 notice pursuant to subparagraph (i) of
29 this paragraph only if the commissioner
30 determines, in his or her discretion, that
31 such revisions materially alter the
32 adjustment.
33 Notwithstanding the provisions of paragraphs
34 (a) and (b) of this subdivision, the
35 commissioner need not seek the input
36 described in paragraph (a) of this subdi-
37 vision or provide notice pursuant to para-
38 graph (b) of this subdivision if, in the
39 discretion of the commissioner, expedited
40 development and implementation of a medi-
41 caid savings allocation adjustment is
42 necessary due to a public health emergen-
43 cy.
44 For purposes of this section, a public
45 health emergency is defined as: (i) a
46 disaster, natural or otherwise, that
47 significantly increases the immediate need
48 for health care personnel in an area of
49 the state; (ii) an event or condition that
50 creates a widespread risk of exposure to a
51 serious communicable disease, or the
52 potential for such widespread risk of
53 exposure; or (iii) any other event or
54 condition determined by the commissioner
55 to constitute an imminent threat to public
56 health.
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1 Nothing in this paragraph shall be deemed to
2 prevent all or part of such medicaid
3 savings allocation adjustment from taking
4 effect retroactively to the extent permit-
5 ted by the federal centers for medicare
6 and medicaid services.
7 In accordance with the medicaid savings
8 allocation adjustment, the commissioner of
9 the department of health shall reduce
10 department of health state funds medicaid
11 spending by the amount of the projected
12 overspending through, actions including,
13 but not limited to modifying or suspending
14 reimbursement methods, including but not
15 limited to all fees, premium levels and
16 rates of payment, notwithstanding any
17 provision of law that sets a specific
18 amount or methodology for any such
19 payments or rates of payment; modifying or
20 discontinuing medicaid program benefits;
21 seeking all necessary federal approvals,
22 including, but not limited to waivers,
23 waiver amendments; and suspending time
24 frames for notice, approval or certif-
25 ication of rate requirements, notwith-
26 standing any provision of law, rule or
27 regulation to the contrary, including but
28 not limited to sections 2807 and 3614 of
29 the public health law, section 18 of chap-
30 ter 2 of the laws of 1988, and 18 NYCRR
31 505.14(h).
32 The department of health shall prepare a
33 quarterly report that sets forth: (a)
34 known and projected department of health
35 medicaid expenditures as described in
36 subdivision (1) of this section, and
37 factors that could result in medicaid
38 disbursements for the relevant state
39 fiscal year to exceed the projected
40 department of health state funds disburse-
41 ments in the enacted budget financial plan
42 pursuant to subdivision 3 of section 23 of
43 the state finance law, including spending
44 increases or decreases due to: enrollment
45 fluctuations, rate changes, utilization
46 changes, MRT investments, and shift of
47 beneficiaries to managed care; and vari-
48 ations in offline medicaid payments; and
49 (b) the actions taken to implement any
50 medicaid savings allocation adjustment
51 implemented pursuant to subdivision (4) of
52 this section, including information
53 concerning the impact of such actions on
54 each category of service and each
55 geographic region of the state. Each such
56 quarterly report shall be provided to the
A. 8068 11
1 chairs of the senate finance and the
2 assembly ways and means committees and
3 shall be posted on the department of
4 health's website in a timely manner.
5 The money hereby appropriated is to be
6 available for payment of aid heretofore
7 accrued or hereafter accrued to munici-
8 palities, and to providers of medical
9 services pursuant to section 367-b of the
10 social services law, and for payment of
11 state aid to municipalities and to provid-
12 ers of family care where payment systems
13 through the fiscal intermediaries are not
14 operational.
15 Notwithstanding any inconsistent provision
16 of law to the contrary, funds may be used
17 by the department for outside legal
18 assistance on issues involving the federal
19 government, the conduct of preadmission
20 screening and annual resident reviews
21 required by the state's medicaid program,
22 computer matching with insurance carriers
23 to insure that medicaid is the payer of
24 last resort and activities related to the
25 management of the pharmacy benefit avail-
26 able under the medicaid program.
27 Notwithstanding any inconsistent provision
28 of law, in lieu of payments authorized by
29 the social services law, or payments of
30 federal funds otherwise due to the local
31 social services districts for programs
32 provided under the federal social security
33 act or the federal food stamp act, funds
34 herein appropriated, in amounts certified
35 by the state commissioner of temporary and
36 disability assistance or the state commis-
37 sioner of health as due from local social
38 services districts each month as their
39 share of payments made pursuant to section
40 367-b of the social services law may be
41 set aside by the state comptroller in an
42 interest-bearing account in order to
43 ensure the orderly and prompt payment of
44 providers under section 367-b of the
45 social services law pursuant to an esti-
46 mate provided by the commissioner of
47 health of each local social services
48 district's share of payments made pursuant
49 to section 367-b of the social services
50 law.
51 Notwithstanding any inconsistent provision
52 of law, funding made available by these
53 appropriations shall support direct salary
54 costs and related fringe benefits within
55 the medical assistance program associated
56 with any minimum wage increase that takes
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1 effect during the timeframe of these
2 appropriations, pursuant to section 652 of
3 the labor law. Each eligible organization
4 in receipt of funding made available by
5 these appropriations may be required to
6 submit written certification, in such form
7 and at such time the commissioner may
8 prescribe, attesting to the total amount
9 of funds used by the eligible organiza-
10 tion, how such funding will be or was used
11 for purposes eligible under these appro-
12 priations and any other reporting deemed
13 necessary by the commissioner. The amounts
14 appropriated herein may include advances
15 to organizations authorized to receive
16 such funds to accomplish this purpose.
17 Notwithstanding any other provision of law,
18 the money hereby appropriated may be
19 increased or decreased by interchange or
20 transfer, with any appropriation of the
21 department of health and the office of
22 medicaid inspector general and may be
23 increased or decreased by transfer or
24 suballocation between these appropriated
25 amounts and appropriations of the depart-
26 ment of health state purpose account, the
27 office of mental health, office for people
28 with developmental disabilities, the
29 office of addiction services and supports,
30 the department of family assistance office
31 of temporary and disability assistance,
32 the department of corrections and communi-
33 ty supervision, the office of information
34 technology services, the state university
35 of New York, and office of children and
36 family services, the office of medicaid
37 inspector general, the state education
38 department, and the state office for the
39 aging with the approval of the director of
40 the budget, who shall file such approval
41 with the department of audit and control
42 and copies thereof with the chairman of
43 the senate finance committee and the
44 chairman of the assembly ways and means
45 committee.
46 Notwithstanding any inconsistent provision
47 of law to the contrary, the moneys hereby
48 appropriated may be used for payments to
49 the centers for medicaid and medicare
50 services for obligations incurred related
51 to the pharmaceutical costs of dually
52 eligible medicare/medicaid beneficiaries
53 participating in the medicare drug benefit
54 authorized by P.L. 108-173.
55 Notwithstanding any inconsistent provision
56 of law, the moneys hereby appropriated
A. 8068 13
1 shall not be used for any existing rates,
2 fees, fee schedule, or procedures which
3 may affect the cost of care and services
4 provided by personal care providers, case
5 managers, health maintenance organiza-
6 tions, out of state medical facilities
7 which provide care and services to resi-
8 dents of the state, providers of transpor-
9 tation services, that are altered,
10 amended, adjusted or otherwise changed by
11 a local social services district unless
12 previously approved by the department of
13 health and the director of the budget.
14 Notwithstanding any inconsistent provision
15 of law to the contrary, funds shall be
16 made available to the commissioner of the
17 office of mental health or the commission-
18 er of the office of addiction services and
19 supports, in consultation with the commis-
20 sioner of health and approved by the
21 director of the budget, and consistent
22 with appropriations made therefor, to
23 implement allocation adjustment developed
24 by each such commissioner which shall
25 describe mental health or substance use
26 disorder services that should be developed
27 to meet service needs resulting from the
28 reduction of inpatient behavioral health
29 services provided under the medicaid
30 program, by programs licensed pursuant to
31 article 31 or 32 of the mental hygiene
32 law. Such programs may include programs
33 that are licensed pursuant to both article
34 31 of the mental hygiene law and article
35 28 of the public health law, or certified
36 under both article 32 of the mental
37 hygiene law and article 28 of the public
38 health law.
39 Notwithstanding any inconsistent provision
40 of law, the moneys hereby appropriated may
41 be available for payments associated with
42 the resolution by settlement agreement or
43 judgment of rate appeals and/or litigation
44 where the department of health is a party.
45 For services and expenses of the medical
46 assistance program including hospital
47 inpatient services and general hospitals
48 that are safety-net providers that evince
49 severe financial distress, pursuant to
50 criteria determined by the commissioner,
51 shall be eligible for awards for amounts
52 appropriated herein, to enable such
53 providers to maintain operations and vital
54 services while establishing long term
55 solutions to achieve sustainable health
56 services.
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1 Notwithstanding any inconsistent provisions
2 of law, no expenditures shall be used for
3 the medical assistance program for any
4 expenses not explicitly authorized in law
5 without the approval of the director of
6 the budget.
7 Notwithstanding any provision of law to the
8 contrary, the portion of this appropri-
9 ation covering fiscal year 2025-26 shall
10 supersede and replace any duplicative (i)
11 reappropriation for this item covering
12 fiscal year 2025-26, and (ii) appropri-
13 ation for this item covering fiscal year
14 2025-26 set forth in chapter 53 of the
15 laws of 2024 (26947) ......... [80,800,000] 101,000,000
16 For services and expenses of the medical
17 assistance program including hospital
18 outpatient and emergency room services.
19 Notwithstanding any provision of law to the
20 contrary, the portion of this appropri-
21 ation covering fiscal year 2025-26 shall
22 supersede and replace any duplicative (i)
23 reappropriation for this item covering
24 fiscal year 2025-26, and (ii) appropri-
25 ation for this item covering fiscal year
26 2025-26 set forth in chapter 53 of the
27 laws of 2024 (26948) ......... [20,864,000] 26,080,000
28 For services and expenses of the medical
29 assistance program including clinic
30 services.
31 Notwithstanding any provision of law to the
32 contrary, the portion of this appropri-
33 ation covering fiscal year 2025-26 shall
34 supersede and replace any duplicative (i)
35 reappropriation for this item covering
36 fiscal year 2025-26, and (ii) appropri-
37 ation for this item covering fiscal year
38 2025-26 set forth in chapter 53 of the
39 laws of 2024 (26949) ......... [38,052,000] 47,565,000
40 For services and expenses of the medical
41 assistance program including nursing home
42 services.
43 Notwithstanding any provision of law to the
44 contrary, the portion of this appropri-
45 ation covering fiscal year 2025-26 shall
46 supersede and replace any duplicative (i)
47 reappropriation for this item covering
48 fiscal year 2025-26, and (ii) appropri-
49 ation for this item covering fiscal year
50 2025-26 set forth in chapter 53 of the
51 laws of 2024 (26950) ........ [101,872,000] 127,340,000
52 For services and expenses of the medical
53 assistance program including other long
54 term care services.
55 Notwithstanding any provision of law to the
56 contrary, the portion of this appropri-
A. 8068 15
1 ation covering fiscal year 2025-26 shall
2 supersede and replace any duplicative (i)
3 reappropriation for this item covering
4 fiscal year 2025-26, and (ii) appropri-
5 ation for this item covering fiscal year
6 2025-26 set forth in chapter 53 of the
7 laws of 2024 (26951) ........ [563,112,000] 703,890,000
8 For services and expenses of the medical
9 assistance program including managed care
10 services including regional planning
11 activities of the finger lakes health
12 systems agency, including statewide coor-
13 dination and demonstration of best prac-
14 tices. The department shall make grants
15 within amounts appropriated therefor, to
16 assure high-quality and accessible primary
17 care, to provide technical assistance to
18 support financial and business planning
19 for integrated systems of care, and to
20 assist primary care providers in the
21 adoption, implementation, and meaningful
22 use of electronic health record technolo-
23 gy.
24 Notwithstanding any provision of law to the
25 contrary, the portion of this appropri-
26 ation covering fiscal year 2025-26 shall
27 supersede and replace any duplicative (i)
28 reappropriation for this item covering
29 fiscal year 2025-26, and (ii) appropri-
30 ation for this item covering fiscal year
31 2025-26 set forth in chapter 53 of the
32 laws of 2024 (26952) ........ [347,446,000] 434,308,000
33 For services and expenses for health homes
34 including grants to health homes.
35 Notwithstanding any provision of law to the
36 contrary, the portion of this appropri-
37 ation covering fiscal year 2025-26 shall
38 supersede and replace any duplicative (i)
39 reappropriation for this item covering
40 fiscal year 2025-26, and (ii) appropri-
41 ation for this item covering fiscal year
42 2025-26 set forth in chapter 53 of the
43 laws of 2024 (29548) ......... [12,064,000] 15,080,000
44 For services and expenses of the medical
45 assistance program including pharmacy
46 services provided, however, that no funds
47 shall be made available pursuant to this
48 appropriation for any drug not explicitly
49 authorized in any enacted law, rule, or
50 regulation without approval from the
51 director of the budget.
52 Notwithstanding any provision of law to the
53 contrary, the portion of this appropri-
54 ation covering fiscal year 2025-26 shall
55 supersede and replace any duplicative (i)
56 reappropriation for this item covering
A. 8068 16
1 fiscal year 2025-26, and (ii) appropri-
2 ation for this item covering fiscal year
3 2025-26 set forth in chapter 53 of the
4 laws of 2024 (26953) ........ [193,904,000] 242,380,000
5 For services and expenses of the medical
6 assistance program including transporta-
7 tion services.
8 Notwithstanding any provision of law to the
9 contrary, the portion of this appropri-
10 ation covering fiscal year 2025-26 shall
11 supersede and replace any duplicative (i)
12 reappropriation for this item covering
13 fiscal year 2025-26, and (ii) appropri-
14 ation for this item covering fiscal year
15 2025-26 set forth in chapter 53 of the
16 laws of 2024 (26954) ......... [28,688,000] 35,860,000
17 For services and expenses of the medical
18 assistance program including dental
19 services.
20 Notwithstanding any provision of law to the
21 contrary, the portion of this appropri-
22 ation covering fiscal year 2025-26 shall
23 supersede and replace any duplicative (i)
24 reappropriation for this item covering
25 fiscal year 2025-26, and (ii) appropri-
26 ation for this item covering fiscal year
27 2025-26 set forth in chapter 53 of the
28 laws of 2024 (26955) ............ [328,000] 410,000
29 For services and expenses of the medical
30 assistance program including non-institu-
31 tional and other spending.
32 The money hereby appropriated is available
33 for payment of liabilities heretofore
34 accrued or hereafter accrued.
35 Notwithstanding any inconsistent provision
36 of law, the money hereby appropriated may
37 be available for payments to any county or
38 public school districts associated with
39 additional claims for school supportive
40 health services.
41 Notwithstanding any provision of law to the
42 contrary, the portion of this appropri-
43 ation covering fiscal year 2025-26 shall
44 supersede and replace any duplicative (i)
45 reappropriation for this item covering
46 fiscal year 2025-26, and (ii) appropri-
47 ation for this item covering fiscal year
48 2025-26 set forth in chapter 53 of the
49 laws of 2024 (26956) ......... [79,208,000] 99,010,000
50 For services and expenses of the medical
51 assistance program including medical
52 services provided at state facilities
53 operated by the office of mental health,
54 the office for people with developmental
55 disabilities and the office of addiction
56 services and supports.
A. 8068 17
1 Notwithstanding any provision of law to the
2 contrary, the portion of this appropri-
3 ation covering fiscal year 2025-26 shall
4 supersede and replace any duplicative (i)
5 reappropriation for this item covering
6 fiscal year 2025-26, and (ii) appropri-
7 ation for this item covering fiscal year
8 2025-26 set forth in chapter 53 of the
9 laws of 2024 (26961) ........ [333,600,000] 417,000,000
10 --------------
11 Special Revenue Funds - Federal
12 Federal Health and Human Services Fund
13 Medicaid Direct Account - 25106
14 For services and expenses for the medical
15 assistance program, including administra-
16 tive expenses for local social services
17 districts, pursuant to title XIX of the
18 federal social security act or its succes-
19 sor program.
20 The moneys hereby appropriated are to be
21 available for payment of aid heretofore
22 accrued or hereafter accrued to munici-
23 palities, and to providers of medical
24 services pursuant to section 367-b of the
25 social services law, and for payment of
26 state aid to municipalities and to provid-
27 ers of family care where payment systems
28 through the fiscal intermediaries are not
29 operational.
30 Notwithstanding any inconsistent provision
31 of law, funding made available by these
32 appropriations shall support direct salary
33 costs and related fringe benefits within
34 the medical assistance program associated
35 with any minimum wage increase that takes
36 effect during the timeframe of these
37 appropriations, pursuant to section 652 of
38 the labor law. Each eligible organization
39 in receipt of funding made available by
40 these appropriations may be required to
41 submit written certification, in such form
42 and at such time the commissioner may
43 prescribe, attesting to the total amount
44 of funds used by the eligible organiza-
45 tion, how such funding will be or was used
46 for purposes eligible under these appro-
47 priations and any other reporting deemed
48 necessary by the commissioner. The amounts
49 appropriated herein may include advances
50 to organizations authorized to receive
51 such funds to accomplish this purpose.
52 Notwithstanding any other provision of law,
53 the money hereby appropriated may be
54 increased or decreased by interchange or
A. 8068 18
1 transfer, with any appropriation of the
2 department of health and the office of
3 medicaid inspector general and may be
4 increased or decreased by transfer or
5 suballocation between these appropriated
6 amounts and appropriations of the office
7 of mental health, office for people with
8 developmental disabilities, the office of
9 addiction services and supports, the
10 department of family assistance office of
11 temporary and disability assistance,
12 office of children and family services,
13 the department of financial services,
14 department of corrections and community
15 supervision, the office of information
16 technology services, the state university
17 of New York, the state education depart-
18 ment, and the state office for the aging
19 with the approval of the director of the
20 budget, who shall file such approval with
21 the department of audit and control and
22 copies thereof with the chairman of the
23 senate finance committee and the chairman
24 of the assembly ways and means committee.
25 Notwithstanding any inconsistent provision
26 of law, in lieu of payments authorized by
27 the social services law, or payments of
28 federal funds otherwise due to the local
29 social services districts for programs
30 provided under the federal social security
31 act or the federal food stamp act, funds
32 herein appropriated, in amounts certified
33 by the state commissioner of temporary and
34 disability assistance or the state commis-
35 sioner of health as due from local social
36 services districts each month as their
37 share of payments made pursuant to section
38 367-b of the social services law may be
39 set aside by the state comptroller in an
40 interest-bearing account in order to
41 ensure the orderly and prompt payment of
42 providers under section 367-b of the
43 social services law pursuant to an esti-
44 mate provided by the commissioner of
45 health of each local social services
46 district's share of payments made pursuant
47 to section 367-b of the social services
48 law.
49 Notwithstanding any inconsistent provision
50 of law to the contrary, funds shall be
51 made available to the commissioner of the
52 office of mental health or the commission-
53 er of the office of addiction services and
54 supports, in consultation with the commis-
55 sioner of health and approved by the
56 director of the budget, and consistent
A. 8068 19
1 with appropriations made therefor, to
2 implement allocation adjustment developed
3 by each such commissioner which shall
4 describe mental health or substance use
5 disorder services that should be developed
6 to meet service needs resulting from the
7 reduction of inpatient behavioral health
8 services provided under the medicaid
9 program, by programs licensed pursuant to
10 article 31 or 32 of the mental hygiene
11 law. Such programs may include programs
12 that are licensed pursuant to both article
13 31 of the mental hygiene law and article
14 28 of the public health law, or certified
15 under both article 32 of the mental
16 hygiene law and article 28 of the public
17 health law.
18 Notwithstanding any inconsistent provision
19 of law, the moneys hereby appropriated may
20 be available for payments associated with
21 the resolution by settlement agreement or
22 judgment of rate appeals and/or litigation
23 where the department of health is a party.
24 Notwithstanding any inconsistent
25 provisions of law, no expenditures shall
26 be used for the medical assistance program
27 for any expenses not explicitly authorized
28 in law without the approval of the direc-
29 tor of the budget.
30 For services and expenses of the medical
31 assistance program including hospital
32 inpatient services.
33 Notwithstanding any provision of law to the
34 contrary, the portion of this appropri-
35 ation covering fiscal year 2025-26 shall
36 supersede and replace any duplicative (i)
37 reappropriation for this item covering
38 fiscal year 2025-26, and (ii) appropri-
39 ation for this item covering fiscal year
40 2025-26 set forth in chapter 53 of the
41 laws of 2024 (26947) ........ [231,256,000] 289,070,000
42 For services and expenses of the medical
43 assistance program including hospital
44 outpatient and emergency room services.
45 Notwithstanding any provision of law to the
46 contrary, the portion of this appropri-
47 ation covering fiscal year 2025-26 shall
48 supersede and replace any duplicative (i)
49 reappropriation for this item covering
50 fiscal year 2025-26, and (ii) appropri-
51 ation for this item covering fiscal year
52 2025-26 set forth in chapter 53 of the
53 laws of 2024 (26948) ......... [41,488,000] 51,860,000
54 For services and expenses of the medical
55 assistance program including clinic
56 services.
A. 8068 20
1 Notwithstanding any provision of law to the
2 contrary, the portion of this appropri-
3 ation covering fiscal year 2025-26 shall
4 supersede and replace any duplicative (i)
5 reappropriation for this item covering
6 fiscal year 2025-26, and (ii) appropri-
7 ation for this item covering fiscal year
8 2025-26 set forth in chapter 53 of the
9 laws of 2024 (26949) ......... [67,868,000] 84,835,000
10 For services and expenses of the medical
11 assistance program including nursing home
12 services.
13 Notwithstanding any provision of law to the
14 contrary, the portion of this appropri-
15 ation covering fiscal year 2025-26 shall
16 supersede and replace any duplicative (i)
17 reappropriation for this item covering
18 fiscal year 2025-26, and (ii) appropri-
19 ation for this item covering fiscal year
20 2025-26 set forth in chapter 53 of the
21 laws of 2024 (26950) ........ [317,436,000] 396,795,000
22 For services and expenses of the medical
23 assistance program including other long
24 term care services.
25 Notwithstanding any provision of law to the
26 contrary, the portion of this appropri-
27 ation covering fiscal year 2025-26 shall
28 supersede and replace any duplicative (i)
29 reappropriation for this item covering
30 fiscal year 2025-26, and (ii) appropri-
31 ation for this item covering fiscal year
32 2025-26 set forth in chapter 53 of the
33 laws of 2024 (26951) ..... [1,059,151,000] 1,323,939,000
34 For services and expenses of the medical
35 assistance program including managed care
36 services including regional planning
37 activities of the finger lakes health
38 systems agency, including statewide coor-
39 dination and demonstration of best prac-
40 tices. The department shall make grants
41 within amounts appropriated therefor, to
42 assure high-quality and accessible primary
43 care, to provide technical assistance to
44 support financial and business planning
45 for integrated systems of care, and to
46 assist primary care providers in the
47 adoption, implementation, and meaningful
48 use of electronic health record technolo-
49 gy.
50 Notwithstanding any provision of law to the
51 contrary, the portion of this appropri-
52 ation covering fiscal year 2025-26 shall
53 supersede and replace any duplicative (i)
54 reappropriation for this item covering
55 fiscal year 2025-26, and (ii) appropri-
56 ation for this item covering fiscal year
A. 8068 21
1 2025-26 set forth in chapter 53 of the
2 laws of 2024 (26952) ..... [1,206,632,000] 1,508,290,000
3 For services and expenses of the medical
4 assistance program including pharmacy
5 services, provided, however, that no funds
6 shall be made available pursuant to this
7 appropriation for any drug not explicitly
8 authorized in any heretofore enacted law,
9 rule, or regulation without approval from
10 the director of the budget.
11 Notwithstanding any provision of law to the
12 contrary, the portion of this appropri-
13 ation covering fiscal year 2025-26 shall
14 supersede and replace any duplicative (i)
15 reappropriation for this item covering
16 fiscal year 2025-26, and (ii) appropri-
17 ation for this item covering fiscal year
18 2025-26 set forth in chapter 53 of the
19 laws of 2024 (26953) ........ [370,464,000] 463,080,000
20 For services and expenses of the medical
21 assistance program including transporta-
22 tion services.
23 Notwithstanding any provision of law to the
24 contrary, the portion of this appropri-
25 ation covering fiscal year 2025-26 shall
26 supersede and replace any duplicative (i)
27 reappropriation for this item covering
28 fiscal year 2025-26, and (ii) appropri-
29 ation for this item covering fiscal year
30 2025-26 set forth in chapter 53 of the
31 laws of 2024 (26954) ......... [48,940,000] 61,175,000
32 For services and expenses of the medical
33 assistance program including dental
34 services.
35 Notwithstanding any provision of law to the
36 contrary, the portion of this appropri-
37 ation covering fiscal year 2025-26 shall
38 supersede and replace any duplicative (i)
39 reappropriation for this item covering
40 fiscal year 2025-26, and (ii) appropri-
41 ation for this item covering fiscal year
42 2025-26 set forth in chapter 53 of the
43 laws of 2024 (26955) .......... [5,688,000] 7,110,000
44 For services and expenses of the medical
45 assistance program including noninstitu-
46 tional and other spending.
47 The money hereby appropriated is available
48 for payment of liabilities heretofore
49 accrued or hereafter accrued.
50 Notwithstanding any provision of law to the
51 contrary, the portion of this appropri-
52 ation covering fiscal year 2025-26 shall
53 supersede and replace any duplicative (i)
54 reappropriation for this item covering
55 fiscal year 2025-26, and (ii) appropri-
56 ation for this item covering fiscal year
A. 8068 22
1 2025-26 set forth in chapter 53 of the
2 laws of 2024 (26956) ........ [550,524,000] 688,155,000
3 For services and expenses of the medical
4 assistance program including medical
5 services provided at state facilities
6 operated by the office of mental health,
7 the office for people with developmental
8 disabilities and the office of addiction
9 services and supports.
10 Notwithstanding any provision of law to the
11 contrary, the portion of this appropri-
12 ation covering fiscal year 2025-26 shall
13 supersede and replace any duplicative (i)
14 reappropriation for this item covering
15 fiscal year 2025-26, and (ii) appropri-
16 ation for this item covering fiscal year
17 2025-26 set forth in chapter 53 of the
18 laws of 2024 (26961) ........ [333,600,000] 417,000,000
19 --------------
20 § 7. Section 6 of chapter 113 of the laws of 2025, relating to making
21 appropriations for the support of government, as amended by chapter 122
22 of the laws of 2025, is amended to read as follows:
23 § 6. The amounts specified in this section, or so much thereof as
24 shall be sufficient to accomplish the purposes designated, is hereby
25 appropriated and authorized to be paid as hereinafter provided, to the
26 public officers and for the purposes specified, which amount shall be
27 available for the state fiscal year beginning April 1, 2025.
28 DEPARTMENT OF LABOR
29 AID TO LOCALITIES
30 UNEMPLOYMENT INSURANCE BENEFIT PROGRAM ..... [750,000,000] 855,000,000
31 --------------
32 Enterprise Funds
33 Unemployment Insurance Benefit Fund
34 Unemployment Insurance Benefit Account - 50650
35 For payment of unemployment insurance bene-
36 fits pursuant to article 18 of the labor
37 law or as authorized by the federal
38 government through the disaster unemploy-
39 ment assistance program, the emergency
40 unemployment compensation program, the
41 extended benefit program, the federal
42 additional compensation program or any
43 other federally funded unemployment bene-
44 fit program (34787) ........ [750,000,000] 855,000,000
45 § 8. Section 11 of chapter 119 of the laws of 2025, relating to making
46 appropriations for the support of government, as amended by chapter 122
47 of the laws of 2025, is amended to read as follows:
48 § 11. The amounts specified in this section, or so much thereof as
49 shall be sufficient to accomplish the purposes designated, is hereby
A. 8068 23
1 appropriated and authorized to be paid as hereinafter provided, to the
2 public officers and for the purposes specified, which amount shall be
3 available for the state fiscal year beginning April 1, 2025.
4 DEPARTMENT OF MENTAL HYGIENE
5 OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES
6 AID TO LOCALITIES
7 COMMUNITY SERVICES PROGRAM ................. [409,744,000] 418,159,000
8 --------------
9 General Fund
10 Local Assistance Account - 10000
11 For services and expenses of the community
12 services program, net of disallowances,
13 for community programs for people with
14 developmental disabilities pursuant to
15 article 41 of the mental hygiene law,
16 and/or chapter 620 of the laws of 1974,
17 chapter 660 of the laws of 1977, chapter
18 412 of the laws of 1981, chapter 27 of the
19 laws of 1987, chapter 729 of the laws of
20 1989, chapter 329 of the laws of 1993 and
21 other provisions of the mental hygiene
22 law. Notwithstanding any inconsistent
23 provision of law, the following appropri-
24 ation shall be net of prior and/or current
25 year refunds, rebates, reimbursements, and
26 credits.
27 Notwithstanding any other provision of law,
28 advances and reimbursement made pursuant
29 to subdivision (d) of section 41.15 and
30 section 41.18 of the mental hygiene law
31 shall be allocated pursuant to a plan and
32 in a manner prescribed by the agency head
33 and approved by the director of the budg-
34 et. The moneys hereby appropriated are
35 available to reimburse or advance locali-
36 ties and voluntary non-profit agencies for
37 expenditures made during local fiscal
38 periods commencing January 1, 2025, April
39 1, 2025 or July 1, 2025, and for advances
40 for the 3 month period beginning January
41 1, 2026.
42 Notwithstanding the provisions of article 41
43 of the mental hygiene law or any other
44 inconsistent provision of law, rule or
45 regulation, the commissioner, pursuant to
46 such contract and in the manner provided
47 therein, may pay all or a portion of the
48 expenses incurred by such voluntary agen-
49 cies arising out of loans which are funded
50 from the proceeds of bonds and notes
A. 8068 24
1 issued by the dormitory authority of the
2 state of New York.
3 Notwithstanding any other provision of law,
4 the money hereby appropriated may be
5 transferred to state operations and/or any
6 appropriation of the office for people
7 with developmental disabilities with the
8 approval of the director of the budget.
9 Notwithstanding any inconsistent provision
10 of law, moneys from this appropriation may
11 be used for state aid of up to 100 percent
12 of the net deficit costs of day training
13 programs and family support services.
14 Notwithstanding the provisions of section
15 16.23 of the mental hygiene law and any
16 other inconsistent provision of law, with
17 relation to the operation of certified
18 family care homes, including family care
19 homes sponsored by voluntary not-for-pro-
20 fit agencies, moneys from this appropri-
21 ation may be used for payments to purchase
22 general services including but not limited
23 to respite providers, up to a maximum of
24 14 days, at rates to be established by the
25 commissioner and approved by the director
26 of the budget in consideration of factors
27 including, but not limited to, geographic
28 area and number of clients cared for in
29 the home and for payment in an amount
30 determined by the commissioner for the
31 personal needs of each client residing in
32 the family care home.
33 Notwithstanding the provisions of subdivi-
34 sion 12 of section 8 of the state finance
35 law and any other inconsistent provision
36 of law, moneys from this appropriation may
37 be used for expenses of family care homes
38 including payments to operators of certi-
39 fied family care homes for damages caused
40 by clients to personal and real property
41 in accordance with standards established
42 by the commissioner and approved by the
43 director of the budget.
44 Notwithstanding any inconsistent provision
45 of law, moneys from this appropriation may
46 be used for appropriate day program
47 services and residential services includ-
48 ing, but not limited to, direct housing
49 subsidies to individuals, start-up
50 expenses for family care providers, envi-
51 ronmental modifications, adaptive technol-
52 ogies, appraisals, property options,
53 feasibility studies and preoperational
54 expenses.
55 Notwithstanding any inconsistent provision
56 of law except pursuant to a chapter of the
A. 8068 25
1 laws of 2024 authorizing a 2.84 percent
2 cost of living adjustment, for the period
3 commencing on April 1, 2024 and ending
4 March 31, 2025 the commissioner shall not
5 apply any other cost of living adjustment
6 for the purpose of establishing rates of
7 payments, contracts or any other form of
8 reimbursement; provided that this shall
9 not prevent the commissioner from applying
10 prior adjustments for the purpose of
11 establishing rates resulting from a rebas-
12 ing of base year costs.
13 Notwithstanding section 6908 of the educa-
14 tion law and any other provision of law,
15 rule or regulation to the contrary, direct
16 support staff in programs certified or
17 approved by the office for people with
18 developmental disabilities, including the
19 home and community based services waiver
20 programs that the office for people with
21 developmental disabilities is authorized
22 to administer with federal approval pursu-
23 ant to subdivision (c) of section 1915 of
24 the federal social security act, are
25 authorized to provide such tasks as OPWDD
26 may specify when performed under the
27 supervision, training and periodic
28 inspection of a registered professional
29 nurse and in accordance with an authorized
30 practitioner's ordered care.
31 Notwithstanding any other provision of law
32 to the contrary, and consistent with
33 section 33.07 of the mental hygiene law,
34 the directors of facilities licensed but
35 not operated by the office for people with
36 developmental disabilities who act as
37 federally-appointed representative payees
38 and who assume management responsibility
39 over the funds of a resident may continue
40 to use such funds for the cost of the
41 resident's care and treatment, consistent
42 with federal law and regulations.
43 Funds appropriated herein shall be available
44 in accordance with the following:
45 Notwithstanding any inconsistent provision
46 of law, the director of the budget is
47 authorized to make suballocations from
48 this appropriation to the department of
49 health medical assistance program.
50 Notwithstanding any inconsistent provision
51 of law, and pursuant to criteria estab-
52 lished by the commissioner of the office
53 for people with developmental disabilities
54 and approved by the director of the budg-
55 et, expenditures may be made from this
56 appropriation for residential facilities
A. 8068 26
1 which are pending recertification as
2 intermediate care facilities for people
3 with developmental disabilities.
4 Notwithstanding the provisions of section
5 41.36 of the mental hygiene law and any
6 other inconsistent provision of law,
7 moneys from this appropriation may be used
8 for payment up to $250 per year per
9 client, at such times and in such manner
10 as determined by the commissioner on the
11 basis of financial need for the personal
12 needs of each client residing in voluntar-
13 y-operated community residences and volun-
14 tary-operated community residential alter-
15 natives, including individualized
16 residential alternatives under the home
17 and community based services waiver. The
18 commissioner shall, subject to the
19 approval of the director of the budget,
20 alter existing advance payment schedules
21 for voluntary-operated community resi-
22 dences established pursuant to section
23 41.36 of the mental hygiene law.
24 Notwithstanding any inconsistent provision
25 of law, moneys from this appropriation may
26 be used for the operation of clinics
27 licensed pursuant to article 16 of the
28 mental hygiene law including, but not
29 limited to, supportive and habilitative
30 services consistent with the home and
31 community based services waiver.
32 For the state share of medical assistance
33 services expenses incurred by the depart-
34 ment of health for the provision of
35 medical assistance services to people with
36 developmental disabilities (37835) ......... 369,352,000
37 For services and expenses of the community
38 services program, net of disallowances,
39 for community programs for people with
40 developmental disabilities pursuant to
41 article 41 of the mental hygiene law,
42 and/or chapter 620 of the laws of 1974,
43 chapter 660 of the laws of 1977, chapter
44 412 of the laws of 1981, chapter 27 of the
45 laws of 1987, chapter 729 of the laws of
46 1989, chapter 329 of the laws of 1993 and
47 other provisions of the mental hygiene
48 law. Notwithstanding any inconsistent
49 provision of law, the following appropri-
50 ation shall be net of prior and/or current
51 year refunds, rebates, reimbursements, and
52 credits.
53 Notwithstanding any other provision of law,
54 advances and reimbursement made pursuant
55 to subdivision (d) of section 41.15 and
56 section 41.18 of the mental hygiene law
A. 8068 27
1 shall be allocated pursuant to a plan and
2 in a manner prescribed by the agency head
3 and approved by the director of the budg-
4 et. The moneys hereby appropriated are
5 available to reimburse or advance locali-
6 ties and voluntary non-profit agencies for
7 expenditures made during local fiscal
8 periods commencing January 1, 2025, April
9 1, 2025 or July 1, 2025, and for advances
10 for the 3 month period beginning January
11 1, 2026.
12 Notwithstanding the provisions of article 41
13 of the mental hygiene law or any other
14 inconsistent provision of law, rule or
15 regulation, the commissioner, pursuant to
16 such contract and in the manner provided
17 therein, may pay all or a portion of the
18 expenses incurred by such voluntary agen-
19 cies arising out of loans which are funded
20 from the proceeds of bonds and notes
21 issued by the dormitory authority of the
22 state of New York.
23 Notwithstanding any other provision of law,
24 the money hereby appropriated may be
25 transferred to state operations and/or any
26 appropriation of the office for people
27 with developmental disabilities with the
28 approval of the director of the budget.
29 Notwithstanding any inconsistent provision
30 of law, moneys from this appropriation may
31 be used for state aid of up to 100 percent
32 of the net deficit costs of day training
33 programs and family support services.
34 Notwithstanding the provisions of section
35 16.23 of the mental hygiene law and any
36 other inconsistent provision of law, with
37 relation to the operation of certified
38 family care homes, including family care
39 homes sponsored by voluntary not-for-pro-
40 fit agencies, moneys from this appropri-
41 ation may be used for payments to purchase
42 general services including but not limited
43 to respite providers, up to a maximum of
44 14 days, at rates to be established by the
45 commissioner and approved by the director
46 of the budget in consideration of factors
47 including, but not limited to, geographic
48 area and number of clients cared for in
49 the home and for payment in an amount
50 determined by the commissioner for the
51 personal needs of each client residing in
52 the family care home.
53 Notwithstanding the provisions of subdivi-
54 sion 12 of section 8 of the state finance
55 law and any other inconsistent provision
56 of law, moneys from this appropriation may
A. 8068 28
1 be used for expenses of family care homes
2 including payments to operators of certi-
3 fied family care homes for damages caused
4 by clients to personal and real property
5 in accordance with standards established
6 by the commissioner and approved by the
7 director of the budget.
8 Notwithstanding any inconsistent provision
9 of law, moneys from this appropriation may
10 be used for appropriate day program
11 services and residential services includ-
12 ing, but not limited to, direct housing
13 subsidies to individuals, start-up
14 expenses for family care providers, envi-
15 ronmental modifications, adaptive technol-
16 ogies, appraisals, property options,
17 feasibility studies and preoperational
18 expenses.
19 Notwithstanding any inconsistent provision
20 of law except pursuant to a chapter of the
21 laws of 2024 authorizing a 2.84 percent
22 cost of living adjustment, for the period
23 commencing on April 1, 2024 and ending
24 March 31, 2025 the commissioner shall not
25 apply any other cost of living adjustment
26 for the purpose of establishing rates of
27 payments, contracts or any other form of
28 reimbursement; provided that this shall
29 not prevent the commissioner from applying
30 prior adjustments for the purpose of
31 establishing rates resulting from a rebas-
32 ing of base year costs.
33 Notwithstanding section 6908 of the educa-
34 tion law and any other provision of law,
35 rule or regulation to the contrary, direct
36 support staff in programs certified or
37 approved by the office for people with
38 developmental disabilities, including the
39 home and community based services waiver
40 programs that the office for people with
41 developmental disabilities is authorized
42 to administer with federal approval pursu-
43 ant to subdivision (c) of section 1915 of
44 the federal social security act, are
45 authorized to provide such tasks as OPWDD
46 may specify when performed under the
47 supervision, training and periodic
48 inspection of a registered professional
49 nurse and in accordance with an authorized
50 practitioner's ordered care.
51 Notwithstanding any other provision of law
52 to the contrary, and consistent with
53 section 33.07 of the mental hygiene law,
54 the directors of facilities licensed but
55 not operated by the office for people with
56 developmental disabilities who act as
A. 8068 29
1 federally-appointed representative payees
2 and who assume management responsibility
3 over the funds of a resident may continue
4 to use such funds for the cost of the
5 resident's care and treatment, consistent
6 with federal law and regulations.
7 Funds appropriated herein shall be available
8 in accordance with the following:
9 Notwithstanding any other provision of law
10 to the contrary, funds appropriated herein
11 are available to reimburse in- and out-of-
12 state private residential schools, pursu-
13 ant to subdivision (c) of section 13.37-a
14 and subdivision (g) of section 13.38 of
15 the mental hygiene law, for costs of
16 supporting the residential and day program
17 services available to individuals who are
18 over the age of 21 years of age, provided
19 that the amount paid for residential
20 services and/or maintenance costs is net
21 of any supplemental security income bene-
22 fit to which the individual receiving
23 services is eligible, and provided further
24 that funding for nonresidential services
25 will be in an amount not to exceed the
26 maximum reimbursement for appropriate day
27 services delivered by the office for
28 people with developmental disabilities
29 certified or approved providers other than
30 in- and out-of-state private residential
31 schools, unless otherwise authorized by
32 the director of the budget.
33 Notwithstanding section 163 of the state
34 finance law, section 142 of the economic
35 development law, and article 41 of the
36 mental hygiene law, the commissioner of
37 the office for people with developmental
38 disabilities may make the funds appropri-
39 ated herein available as state aid, a loan
40 or a grant, pursuant to terms and condi-
41 tions established by the commissioner of
42 the office for people with developmental
43 disabilities, to cover a portion of the
44 development costs of private, public
45 and/or non-profit organizations, including
46 corporations and partnerships established
47 pursuant to the private housing finance
48 law and/or any other statutory provisions,
49 for supportive housing units that have
50 been set aside for individuals with intel-
51 lectual and developmental disabilities.
52 Further, the office for people with develop-
53 mental disabilities shall have a lien on
54 the real property developed with such
55 state aid, loans or grants, which shall be
56 in the amount of the loan or grant, for a
A. 8068 30
1 maximum term of 30 years, or other longer
2 term consistent with the requirements of
3 another regulatory agency.
4 For services and expenses related to the
5 provision of residential services to
6 people with developmental disabilities
7 (37802) ..................... [23,448,000] 28,333,000
8 For services and expenses related to the
9 provision of day program services to
10 people with developmental disabilities
11 (37803) ...................... [5,760,000] 6,960,000
12 For services and expenses related to the
13 provision of family support services to
14 people with developmental disabilities
15 (37804) ...................... [6,480,000] 7,830,000
16 For services and expenses related to the
17 provision of workshop, day training and
18 employment services to people with devel-
19 opmental disabilities. Notwithstanding any
20 other provision of law, up to $800,000 of
21 this appropriation may be transferred to
22 the New York State Education Departments'
23 Adult Career and Continuing Education
24 Services - Vocational Rehabilitation
25 (ACCES-VR) program to support the Long-
26 Term Sheltered Employment program operated
27 by FEDCAP Rehabilitation Services, Inc.
28 (37805) ...................... [3,744,000] 4,524,000
29 For other services and expenses provided to
30 people with developmental disabilities
31 including but not limited to hepatitis B,
32 care at home waiver, epilepsy services,
33 Special Olympics New York, Inc. and volun-
34 tary fingerprinting (37806) .... [960,000] 1,160,000
35 --------------
36 § 9. Section 8 of chapter 113 of the laws of 2025, relating to making
37 appropriations for the support of government, as amended by chapter 122
38 of the laws of 2025, is amended to read as follows:
39 § 8. The amounts specified in this section, or so much thereof as
40 shall be sufficient to accomplish the purposes designated, is hereby
41 appropriated and authorized to be paid as hereinafter provided, to the
42 public officers and for the purposes specified, which amount shall be
43 available for the state fiscal year beginning April 1, 2025.
44 DEPARTMENT OF VETERANS' SERVICES
45 AID TO LOCALITIES
46 BLIND VETERAN ANNUITY ASSISTANCE PROGRAM ....................... 385,000
47 --------------
48 General Fund
49 Local Assistance Account - 10000
A. 8068 31
1 For payment of annuities to blind veterans
2 and eligible surviving spouses. Up to
3 $15,000 of this appropriation may be
4 transferred to state operations for admin-
5 istrative costs associated with this
6 program (54606) ................................ 385,000
7 VETERANS' BENEFITS ADVISING PROGRAM ............. [336,000] 406,000
8 --------------
9 Special Revenue Funds - Other
10 Homeless Veterans Assistance Fund
11 Homeless Veterans Assistance Account - 20204
12 For services and expenses related to home-
13 less veterans' housing (54815) .. [336,000] 406,000
14 § 10. No expenditure may be made from any appropriation in this act,
15 until a certificate of approval has been issued by the director of the
16 budget and a copy of such certificate shall have been filed with the
17 state comptroller, the chairman of the senate finance committee and the
18 chairman of the assembly ways and means committee provided, however,
19 that any expenditures from any appropriation in this act made by the
20 legislature or judiciary shall not require such certificate.
21 § 11. All expenditures and disbursements made against the appropri-
22 ations in this act shall, upon final action by the legislature on appro-
23 priation bills submitted by the governor pursuant to article VII of the
24 state constitution for the support of government for the state fiscal
25 year beginning April 1, 2025, be transferred by the comptroller as
26 expenditures and disbursements to such appropriations for all state
27 departments and agencies, as applicable, in amounts equal to the amounts
28 charged against the appropriations in this act for each such department,
29 agency, and the legislature and the judiciary.
30 § 12. Severability clause. If any clause, sentence, paragraph, subdi-
31 vision, section or part of this act shall be adjudged by any court of
32 competent jurisdiction to be invalid, such judgment shall not affect,
33 impair, or invalidate the remainder thereof, but shall be confined in
34 its operation to the clause, sentence, paragraph, subdivision, section
35 or part thereof directly involved in the controversy in which such judg-
36 ment shall have been rendered. It is hereby declared to be the intent of
37 the legislature that this act would have been enacted even if such
38 invalid provisions had not been included herein.
39 § 13. This act shall take effect immediately and shall be deemed to
40 have been in full force and effect on and after April 1, 2025; provided,
41 however, that upon the transfer of expenditures and disbursements by the
42 comptroller as provided in section eleven of this act, the appropri-
43 ations made by this act and subject to such section shall be deemed
44 repealed.
