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A11010 Summary:

BILL NOA11010
 
SAME ASSAME AS S09963
 
SPONSORPretlow
 
COSPNSR
 
MLTSPNSR
 
Amd §§2 - 8, Chap 98 of 2026; amd §§4 & 5, Chap 102 of 2026; amd §5, Chap 100 of 2026
 
Provides for emergency appropriation through April 22, 2026 for the support of government.
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A11010 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          11010
 
                   IN ASSEMBLY
 
                                     April 19, 2026
                                       ___________
 
        Introduced  by  M. of A. PRETLOW -- (at request of the Governor) -- read
          once and referred to the Committee on Ways and Means
 
        AN ACT making appropriations for the support  of  government;  to  amend
          chapter  98 of the laws of 2026, relating to making appropriations for
          the support of government, in relation thereto; to amend  chapter  100
          of the laws of 2026, relating to making appropriations for the support
          of  government,  in relation thereto; to amend chapter 102 of the laws
          of 2026, relating to making appropriations for the support of  govern-
          ment,  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, 2026 are enacted.
     8    § 2. Section 2 of chapter 98 of the laws of 2026, relating  to  making
     9  appropriations  for the support of government, as amended by chapter 103
    10  of the laws of 2026, 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, 2026.
 
    16                     ALL STATE DEPARTMENTS AND AGENCIES
 
    17  For  the  purpose  of  making  payments  for
    18    personal  service,  including  liabilities
    19    incurred prior to April 1,  2026,  on  the
    20    payrolls  scheduled  to be paid during the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12030-01-6

        A. 11010                            2
 
     1    period April 1 through April [20] 22, 2026
     2    to state officers  and  employees  of  the
     3    executive  branch, including the governor,
     4    lieutenant   governor,   comptroller,  and
     5    attorney general, and to employees of  the
     6    legislature.   This   appropriation   also
     7    includes payments for  services  performed
     8    by  mentally  ill or developmentally disa-
     9    bled persons who are employed in state-op-
    10    erated special employment, work-for-pay or
    11    sheltered workshop programs ..............
    12    ............................ [835,781,000] 1,228,949,722
    13                               --------------
 
    14    § 3. Section 3 of chapter 98 of the laws of 2026, relating  to  making
    15  appropriations  for the support of government, as amended by chapter 103
    16  of the laws of 2026, is amended to read as follows:
    17    § 3. The amount specified in this section, or so much thereof as shall
    18  be sufficient to accomplish the purpose designated, is hereby  appropri-
    19  ated  and  authorized  to be paid as hereinafter provided, to the public
    20  officers and for the purpose specified, which amount shall be  available
    21  for the state fiscal year beginning April 1, 2026.
 
    22                     ALL STATE DEPARTMENTS AND AGENCIES
 
    23  For  the  payment  of  state  operations non
    24    personal service liabilities to the execu-
    25    tive branch,  including  the  comptroller,
    26    and the attorney general, and legislature,
    27    incurred  in  the ordinary course of busi-
    28    ness, during the period  April  1  through
    29    April  [20] 22, 2026, pursuant to existing
    30    state law and for purposes for  which  the
    31    legislature  authorized the expenditure of
    32    moneys during the 2025-2026  state  fiscal
    33    year;   provided,  however,  that  nothing
    34    contained herein shall be deemed to  limit
    35    or  restrict  the  power  or  authority of
    36    state departments or agencies  to  conduct
    37    their  activities or operations in accord-
    38    ance  with  existing  law,   and   further
    39    provided  that  nothing  contained  herein
    40    shall be deemed to supersede,  nullify  or
    41    modify the provisions of section 40 of the
    42    state  finance law prescribing when appro-
    43    priations made  for  the  2025-2026  state
    44    fiscal  year  shall  have  ceased  to have
    45    force and effect ............. [32,000,000]   44,000,000
    46                                --------------
 
    47    § 4. Section 4 of chapter 102 of the laws of 2026, relating to  making
    48  appropriations  for the support of government, as amended by chapter 103
    49  of the laws of 2026, is amended to read as follows:
    50    § 4. The amounts specified in this section,  or  so  much  thereof  as
    51  shall  be  sufficient  to  accomplish the purposes designated, is hereby
    52  appropriated and authorized to be paid as hereinafter provided,  to  the

        A. 11010                            3
 
     1  respective  public officers and for the purposes specified, which amount
     2  shall be available for the state fiscal year beginning April 1, 2026.
 
     3            MISCELLANEOUS - - ALL STATE DEPARTMENTS AND AGENCIES
 
     4  The    sum    of    ten    million   dollars
     5    ($10,000,000), or so much thereof as shall
     6    be sufficient to  accomplish  the  purpose
     7    designated,  is  hereby  appropriated  for
     8    contracts and grants approved for purposes
     9    for which the legislature  authorized  the
    10    expenditures of money during the 2025-2026
    11    fiscal  year.  An amount up to ten million
    12    dollars ($10,000,000) shall  be  available
    13    for   the   payment  of  capital  projects
    14    liabilities  incurred  during  the  period
    15    from  April  1 through April [20] 22, 2026
    16    for contracts and grants approved prior to
    17    April 1,  2026,  provided,  however,  that
    18    nothing  contained  herein shall be deemed
    19    to limit or restrict the power or authori-
    20    ty of state  departments  or  agencies  to
    21    conduct  their activities or operations in
    22    accordance with existing law, and  further
    23    provided  that  nothing  contained  herein
    24    shall be deemed to supersede, nullify,  or
    25    modify the provisions of section 40 of the
    26    state  finance law prescribing when appro-
    27    priations made for  the  2025-2026  fiscal
    28    year  shall  have ceased to have force and
    29    effect ...................................... 10,000,000
    30                                              --------------
 
    31    § 5. Section 5 of chapter 102 of the laws of 2026, relating to  making
    32  appropriations  for the support of government, as amended by chapter 103
    33  of the laws of 2026, is amended to read as follows:
    34    § 5.  The amounts specified in this section, or  so  much  thereof  as
    35  shall  be  sufficient  to  accomplish the purposes designated, is hereby
    36  appropriated and authorized to be paid as hereinafter provided,  to  the
    37  respective  public officers and for the purposes specified, which amount
    38  shall be available for the state fiscal year beginning April 1, 2026.
 
    39            MISCELLANEOUS - - ALL STATE DEPARTMENTS AND AGENCIES
 
    40  The   sum   of   twenty   million    dollars
    41    ($20,000,000), or so much thereof as shall
    42    be  sufficient  to  accomplish the purpose
    43    designated,  is  hereby  appropriated  for
    44    contracts and grants approved for purposes
    45    for  which  the legislature authorized the
    46    expenditures of money during the 2025-2026
    47    fiscal  year.  An  amount  up  to   twenty
    48    million  dollars  ($20,000,000)  shall  be
    49    available  for  the  payment  of   capital
    50    projects  liabilities  incurred during the
    51    period from April 1 through April [20] 22,

        A. 11010                            4
 
     1    2026 for  contracts  and  grants  approved
     2    after  April  1,  2026, provided, however,
     3    that nothing  contained  herein  shall  be
     4    deemed  to  limit or restrict the power or
     5    authority of state departments or agencies
     6    to conduct their activities or  operations
     7    in   accordance  with  existing  law,  and
     8    further provided  that  nothing  contained
     9    herein   shall  be  deemed  to  supersede,
    10    nullify,  or  modify  the  provisions   of
    11    section   40  of  the  state  finance  law
    12    prescribing when appropriations  made  for
    13    the   2025-2026  fiscal  year  shall  have
    14    ceased to have force and effect ............  20,000,000
    15                                              --------------
 
    16    § 6. Section 4 of chapter 98 of the laws of 2026, relating  to  making
    17  appropriations  for the support of government, as amended by chapter 103
    18  of the laws of 2026, is amended to read as follows:
    19    § 4. The amounts specified in this section,  or  so  much  thereof  as
    20  shall  be  sufficient  to  accomplish the purposes designated, is hereby
    21  appropriated and authorized to be paid as hereinafter provided,  to  the
    22  public  officers  and  for the purposes specified, which amount shall be
    23  available for the state fiscal year beginning April 1, 2026.
 
    24             MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES
 
    25                            GENERAL STATE CHARGES
 
    26                              STATE OPERATIONS
 
    27  GENERAL STATE CHARGES ....................... [644,746,500]  682,246,500
    28                                              --------------
 
    29    General Fund
    30    State Purposes Account - 10050
 
    31  For employee fringe  benefits  according  to
    32    the  following  project schedule including
    33    those  benefits  which  are   related   to
    34    employees  paid  from  funds, accounts, or
    35    programs where the division of the  budget
    36    has issued waivers (85022) .. [644,568,500]  682,068,500
 
    37                Project Schedule
    38  PROJECT                               AMOUNT
    39  --------------------------------------------
    40  For  the  state's contribution
    41    to the health insurance fund
    42    and deposit into the retiree
    43    health  benefit  trust  fund
    44    pursuant to section 99-aa of
    45    the  state  finance law. The
    46    state's share of the  health
    47    insurance  program dividends

        A. 11010                            5
 
     1    shall be  available  to  pay
     2    for the premiums in 2026-27 .. 514,422,000
     3  For  the  state's contribution
     4    to   the   social   security
     5    contribution fund ..........
     6    ................ [78,500,000]  116,000,000
     7  For  the  state's contribution
     8    to  employee  benefit   fund
     9    programs ...................... 40,500,000
    10  For  the  state's contribution
    11    to the dental insurance plan ... 7,415,000
    12  For the payment of the  metro-
    13    politan commuter transporta-
    14    tion  mobility  tax pursuant
    15    to article  23  of  the  tax
    16    law,  as added by chapter 25
    17    of  the  laws  of  2009,  on
    18    behalf  of the state employ-
    19    ees employed in  the  metro-
    20    politan commuter transporta-
    21    tion district .................. 3,010,000
    22  For   the   state's  share  of
    23    contributions to the  volun-
    24    tary   defined  contribution
    25    plan  made  on   behalf   of
    26    eligible  employees pursuant
    27    to chapter 18  of  the  laws
    28    of 2012 who elect to partic-
    29    ipate  in  such plan and who
    30    are  not  otherwise   eligi-
    31    ble  to  participate  in the
    32    SUNY   optional   retirement
    33    program .......................... 704,500
    34  For the state's contribution
    35    to the vision care plan ........... 17,000
    36                                --------------
    37      Project schedule total ...
    38        ........... [644,568,500]  682,068,500
    39                  --------------
 
    40  For payment of claims for damage to personal
    41    or real property or for bodily injuries or
    42    wrongful death caused by officers, employ-
    43    ees, or other authorized persons providing
    44    service  to state government while provid-
    45    ing such service, and the state university
    46    construction fund while acting within  the
    47    scope of their employment, and while oper-
    48    ating motor vehicles, and for any individ-
    49    uals  operating  motor  vehicles which are
    50    assigned on a permanent basis  with  unre-
    51    stricted use to state officers and employ-
    52    ees   when   the   person  is  permanently
    53    assigned the motor vehicle (80559) ............. 178,000
    54                                              --------------

        A. 11010                            6
 
     1    § 7. Section 5 of chapter 100 of the laws of 2026, relating to  making
     2  appropriations  for the support of government, as amended by chapter 103
     3  of the laws of 2026, is amended to read as follows:
     4    §  5.  The  amounts  specified  in this section, or so much thereof as
     5  shall be sufficient to accomplish the  purposes  designated,  is  hereby
     6  appropriated  and  authorized to be paid as hereinafter provided, to the
     7  public officers and for the purposes specified, which  amount  shall  be
     8  available for the state fiscal year beginning April 1, 2026.
 
     9                                  JUDICIARY
 
    10  For  the  purpose  of  making  payments  for
    11    personal  service,  including  liabilities
    12    incurred  prior  to  April 1, 2026, on the
    13    payrolls scheduled to be paid  during  the
    14    period April 1 through April [20] 22, 2026
    15    to  officers  and  employees  of the judi-
    16    ciary .......................  [85,000,000]  186,000,000
    17  For the payment of state operations  nonper-
    18    sonal  service  liabilities,  the  sum  of
    19    thirteen million dollars ($13,000,000), or
    20    so much thereof as shall be sufficient  to
    21    accomplish   the  purpose  designated,  is
    22    hereby appropriated to the  judiciary  out
    23    of any moneys in the general fund or other
    24    funds  to the credit of the state purposes
    25    account not  otherwise  appropriated.  The
    26    comptroller   is   hereby  authorized  and
    27    directed to utilize this appropriation for
    28    the purpose of making payments for nonper-
    29    sonal service liabilities incurred by  the
    30    judiciary  from April 1 through April [20]
    31    22, 2026 .................................... 13,000,000
    32  For the payment of aid to localities liabil-
    33    ities, the sum of eleven  million  dollars
    34    ($11,000,000), or so much thereof as shall
    35    be  sufficient  to  accomplish the purpose
    36    designated, is hereby appropriated to  the
    37    judiciary out of any moneys in the general
    38    fund  or  other funds to the credit of the
    39    state  purposes  account   not   otherwise
    40    appropriated.  The  comptroller  is hereby
    41    authorized and directed  to  utilize  this
    42    appropriation  for  the  purpose of making
    43    payments for aid to localities liabilities
    44    incurred by the  judiciary  from  April  1
    45    through April [20] 22, 2026 ................. 11,000,000
    46  For  the  payment of employee fringe benefit
    47    programs including, but  not  limited  to,
    48    the   judiciary's   contributions  to  the
    49    health  insurance  fund,  the   employees'
    50    retirement   system  pension  accumulation
    51    fund,  the  social  security  contribution
    52    fund,  employee benefit fund programs, the
    53    dental insurance  plan,  the  vision  care
    54    plan, the unemployment insurance fund, and

        A. 11010                            7
 
     1    for  workers'  compensation  benefits, the
     2    sum of sixty-two million two hundred fifty
     3    thousand dollars ($62,250,000), or so much
     4    thereof  as  shall be sufficient to accom-
     5    plish the purpose  designated,  is  hereby
     6    appropriated  to  the judiciary out of any
     7    moneys in the general fund or other  funds
     8    to   the  credit  of  the  state  purposes
     9    account not  otherwise  appropriated.  The
    10    comptroller   is   hereby  authorized  and
    11    directed to utilize this appropriation for
    12    the purpose of making payments for employ-
    13    ee fringe benefit liabilities incurred  by
    14    the  judiciary  from April 1 through April
    15    [20] 22, 2026 ............................... 62,250,000
    16                                              --------------
 
    17    § 8. The amounts specified in this section,  or  so  much  thereof  as
    18  shall  be  sufficient  to  accomplish the purposes designated, is hereby
    19  appropriated and authorized to be paid as hereinafter provided,  to  the
    20  public  officers  and  for the purposes specified, which amount shall be
    21  available for the state fiscal year beginning April 1, 2026.
 
    22                            EDUCATION DEPARTMENT
 
    23                              AID TO LOCALITIES
 
    24  OFFICE OF PREKINDERGARTEN THROUGH GRADE  TWELVE  EDUCATION
    25    PROGRAM ................................................ 2,283,000,000
    26                                                            --------------
 
    27    General Fund
    28    Local Assistance Account - 10000
 
    29  For  remaining 2025-26 and prior school year
    30    obligations, including aid for such school
    31    years payable pursuant to  section  3609-d
    32    of   the   education  law,  provided  that
    33    notwithstanding any provision  of  law  to
    34    the  contrary,  subject to the approval of
    35    the director of the budget,  funds  appro-
    36    priated  herein  may  be interchanged with
    37    any other item of appropriation for gener-
    38    al support for public schools  within  the
    39    general   fund  local  assistance  account
    40    office of  prekindergarten  through  grade
    41    twelve education program.
    42  Notwithstanding any other law, rule or regu-
    43    lation to the contrary, funds appropriated
    44    herein  shall  be available for payment of
    45    financial assistance net of any  disallow-
    46    ances, refunds, reimbursement and credits,
    47    and  may  be suballocated to other depart-
    48    ments  and  agencies  to  accomplish   the
    49    intent  of  this  appropriation subject to
    50    the approval of the director of the  budg-

        A. 11010                            8
 
     1    et.  Notwithstanding  any provision of law
     2    to the contrary, funds appropriated herein
     3    shall be available for payment of  liabil-
     4    ities  heretofore  accrued or hereafter to
     5    accrue (21701) ........................... 2,283,000,000
     6                                              --------------
 
     7    § 9. Section 5 of chapter 98 of the laws of 2026, relating  to  making
     8  appropriations  for the support of government, as amended by chapter 103
     9  of the laws of 2026, is amended to read as follows:
    10    § 5. The amounts specified in this section,  or  so  much  thereof  as
    11  shall  be  sufficient  to  accomplish the purposes designated, is hereby
    12  appropriated and authorized to be paid as hereinafter provided,  to  the
    13  public  officers  and  for the purposes specified, which amount shall be
    14  available for the state fiscal year beginning April 1, 2026.
 
    15                            DEPARTMENT OF HEALTH
 
    16                              AID TO LOCALITIES

    17  CENTER FOR COMMUNITY HEALTH PROGRAM .......... [27,330,000]   30,540,000
    18                                              --------------
 
    19    General Fund
    20    Local Assistance Account - 10000
 
    21  For services and  expenses  related  to  the
    22    Indian  health  program pursuant to a plan
    23    prepared by the commissioner of health and
    24    approved by the director  of  the  budget.
    25    The  moneys  hereby  appropriated shall be
    26    for payment of financial assistance  here-
    27    tofore  accrued  or  hereafter  to  accrue
    28    (26840) ...................................... 7,000,000
    29                                              --------------
 
    30    Special Revenue Funds - Federal
    31    Federal USDA-Food and Nutrition Services Fund
    32    Federal Food and Nutrition Services Account - 25022
 
    33  For various  federal  food  and  nutritional
    34    services.  The  moneys hereby appropriated
    35    shall be available for payment  of  finan-
    36    cial assistance heretofore accrued (26986)
    37    .............................. [20,330,000]   23,540,000
    38                                --------------
 
    39  ELDERLY PHARMACEUTICAL INSURANCE COVERAGE PROGRAM ............ 1,200,000
    40                                                            --------------
 
    41    Special Revenue Funds - Other
    42    HCRA Resources Fund
    43    EPIC Premium Account - 20818
 
    44  For services and expenses of the program for
    45    elderly pharmaceutical insurance coverage,

        A. 11010                            9
 
     1    including   reimbursement   to  pharmacies
     2    participating in such program.  The moneys
     3    hereby appropriated shall be available for
     4    payment of financial assistance heretofore
     5    accrued (26803) .............................. 1,200,000
     6                                              --------------
 
     7  MEDICAL ASSISTANCE PROGRAM ............... [4,529,831,000] 6,489,781,000
     8                                             --------------
 
     9    General Fund
    10    Local Assistance Account - 10000
 
    11  For  the medical assistance program, includ-
    12    ing  administrative  expenses,  for  local
    13    social services districts, and for medical
    14    care rates for authorized child care agen-
    15    cies.
    16  Notwithstanding  section  40  of  the  state
    17    finance law or any provision of law to the
    18    contrary,  subject  to  federal  approval,
    19    department  of health state funds medicaid
    20    spending, excluding payments  for  medical
    21    services   provided  at  state  facilities
    22    operated by the office of  mental  health,
    23    the  office  for people with developmental
    24    disabilities and the office  of  addiction
    25    services  and supports and further exclud-
    26    ing any payments which are  not  appropri-
    27    ated  within  the department of health, in
    28    the aggregate, for  the  period  April  1,
    29    2026  through  March  31,  2027, shall not
    30    exceed $36,099,200,000 except as  provided
    31    below  provided,  however,  such aggregate
    32    limits may be adjusted by the director  of
    33    the  budget  to account for any changes in
    34    the New York state federal medical assist-
    35    ance percentage amount established  pursu-
    36    ant  to  the  federal social security act,
    37    increases in provider revenues, reductions
    38    in local social services district payments
    39    for  medical  assistance   administration,
    40    minimum   wage  increases,  and  beginning
    41    April 1, 2012 the operational costs of the
    42    New York  state  medical  indemnity  fund,
    43    pursuant  to  chapter  59  of  the laws of
    44    2011, and state costs or savings from  the
    45    essential  plan  program. Such projections
    46    may be adjusted by  the  director  of  the
    47    budget  to  account for increased or expe-
    48    dited department  of  health  state  funds
    49    medicaid  expenditures  as  a  result of a
    50    natural or other type of disaster, includ-
    51    ing a governmental declaration of emergen-
    52    cy.

        A. 11010                           10
 
     1  The director of the budget, in  consultation
     2    with  the  commissioner  of  health, shall
     3    assess on  a  quarterly  basis  known  and
     4    projected medicaid expenditures by catego-
     5    ry of service and by geographic region, as
     6    defined by the commissioner, incurred both
     7    prior to and subsequent to such assessment
     8    for  each such period, and if the director
     9    of the budget determines that such expend-
    10    itures  are  expected  to  cause  medicaid
    11    spending  for  such  period  to exceed the
    12    aggregate limit specified herein for  such
    13    period,  the  state  medicaid director, in
    14    consultation  with  the  director  of  the
    15    budget  and  the  commissioner  of health,
    16    shall develop  a  medicaid  savings  allo-
    17    cation  adjustment  to limit such spending
    18    to the aggregate  limit  specified  herein
    19    for such period.
    20  Such  medicaid savings allocation adjustment
    21    shall be designed, to reduce the  expendi-
    22    tures  authorized  by  the  appropriations
    23    herein in compliance  with  the  following
    24    guidelines:  (1)  reductions shall be made
    25    in compliance with applicable federal law,
    26    including the provisions  of  the  Patient
    27    Protection and Affordable Care Act, Public
    28    Law  No.  111-148, and the Health Care and
    29    Education  Reconciliation  Act  of   2010,
    30    Public   Law   No.  111-152  (collectively
    31    "Affordable Care Act") and any  subsequent
    32    amendments  thereto or regulations promul-
    33    gated thereunder; (2) reductions shall  be
    34    made  in  a  manner that complies with the
    35    state medicaid plan approved by the feder-
    36    al  centers  for  medicare  and   medicaid
    37    services,   provided,  however,  that  the
    38    commissioner of health  is  authorized  to
    39    submit  any  state  plan amendment or seek
    40    other federal approval,  including  waiver
    41    authority,  to implement the provisions of
    42    the medicaid savings allocation adjustment
    43    that meets the other  criteria  set  forth
    44    herein;  (3) reductions shall be made in a
    45    manner that  maximizes  federal  financial
    46    participation,  to the extent practicable,
    47    including any  federal  financial  partic-
    48    ipation that is available or is reasonably
    49    expected   to  become  available,  in  the
    50    discretion of the commissioner, under  the
    51    Affordable  Care Act; (4) reductions shall
    52    be  made  uniformly  among  categories  of
    53    services  and  geographic  regions  of the
    54    state,  to  the  extent  practicable,  and
    55    shall  be made uniformly within a category
    56    of service,  to  the  extent  practicable,

        A. 11010                           11
 
     1    except  where  the commissioner determines
     2    that  there  are  sufficient  grounds  for
     3    non-uniformity,  including but not limited
     4    to:  the  extent to which specific catego-
     5    ries of services contributed to department
     6    of health medicaid state funds spending in
     7    excess of the limits specified herein; the
     8    need to maintain safety  net  services  in
     9    underserved  communities; or the potential
    10    benefits of  pursuing  innovative  payment
    11    models contemplated by the Affordable Care
    12    Act,  in  which case such grounds shall be
    13    set forth in the  medicaid  savings  allo-
    14    cation   adjustment;  and  (5)  reductions
    15    shall be made in a manner  that  does  not
    16    unnecessarily     create    administrative
    17    burdens to medicaid applicants and recipi-
    18    ents or providers.
    19  The commissioner shall seek the input of the
    20    legislature,  as  well  as   organizations
    21    representing    health   care   providers,
    22    consumers,  businesses,  workers,   health
    23    insurers,  and others with relevant exper-
    24    tise, in developing such medicaid  savings
    25    allocation  adjustment, to the extent that
    26    all or part of  such  adjustment,  in  the
    27    discretion  of the commissioner, is likely
    28    to have a material impact on  the  overall
    29    medicaid program, particular categories of
    30    service  or  particular geographic regions
    31    of the state.
    32  (a) The commissioner shall post the medicaid
    33    savings  allocation  adjustment   on   the
    34    department  of  health's website and shall
    35    provide written copies of such  adjustment
    36    to  the  chairs  of the senate finance and
    37    the assembly ways and means committees  at
    38    least  30  days  before  the date on which
    39    implementation is expected to begin.
    40  (b) The commissioner may revise the medicaid
    41    savings allocation  adjustment  subsequent
    42    to  the  provisions of notice and prior to
    43    implementation but needs to provide a  new
    44    notice  pursuant  to  subparagraph  (i) of
    45    this paragraph only  if  the  commissioner
    46    determines, in his or her discretion, that
    47    such   revisions   materially   alter  the
    48    adjustment.
    49  Notwithstanding the provisions of paragraphs
    50    (a)  and  (b)  of  this  subdivision,  the
    51    commissioner   need  not  seek  the  input
    52    described in paragraph (a) of this  subdi-
    53    vision or provide notice pursuant to para-
    54    graph  (b)  of this subdivision if, in the
    55    discretion of the commissioner,  expedited
    56    development  and implementation of a medi-

        A. 11010                           12
 
     1    caid  savings  allocation  adjustment   is
     2    necessary  due to a public health emergen-
     3    cy.
     4  For  purposes  of  this  section,  a  public
     5    health emergency  is  defined  as:  (i)  a
     6    disaster,   natural   or  otherwise,  that
     7    significantly increases the immediate need
     8    for health care personnel in  an  area  of
     9    the state; (ii) an event or condition that
    10    creates a widespread risk of exposure to a
    11    serious   communicable   disease,  or  the
    12    potential  for  such  widespread  risk  of
    13    exposure;  or  (iii)  any  other  event or
    14    condition determined by  the  commissioner
    15    to constitute an imminent threat to public
    16    health.
    17  Nothing in this paragraph shall be deemed to
    18    prevent  all  or  part  of  such  medicaid
    19    savings allocation adjustment from  taking
    20    effect retroactively to the extent permit-
    21    ted  by  the  federal centers for medicare
    22    and medicaid services.
    23  In  accordance  with  the  medicaid  savings
    24    allocation adjustment, the commissioner of
    25    the  department  of  health  shall  reduce
    26    department of health state funds  medicaid
    27    spending  by  the  amount of the projected
    28    overspending through,  actions  including,
    29    but not limited to modifying or suspending
    30    reimbursement  methods,  including but not
    31    limited to all fees,  premium  levels  and
    32    rates   of  payment,  notwithstanding  any
    33    provision of  law  that  sets  a  specific
    34    amount   or   methodology   for  any  such
    35    payments or rates of payment; modifying or
    36    discontinuing medicaid  program  benefits;
    37    seeking  all  necessary federal approvals,
    38    including, but  not  limited  to  waivers,
    39    waiver  amendments;  and  suspending  time
    40    frames for  notice,  approval  or  certif-
    41    ication  of  rate  requirements,  notwith-
    42    standing any provision  of  law,  rule  or
    43    regulation  to the contrary, including but
    44    not limited to sections 2807 and  3614  of
    45    the public health law, section 18 of chap-
    46    ter  2  of  the laws of 1988, and 18 NYCRR
    47    505.14(h).
    48  The department of  health  shall  prepare  a
    49    quarterly  report  that  sets  forth:  (a)
    50    known and projected department  of  health
    51    medicaid   expenditures  as  described  in
    52    subdivision  (1)  of  this  section,   and
    53    factors  that  could  result  in  medicaid
    54    disbursements  for  the   relevant   state
    55    fiscal   year   to  exceed  the  projected
    56    department of health state funds disburse-

        A. 11010                           13
 
     1    ments in the enacted budget financial plan
     2    pursuant to subdivision 3 of section 23 of
     3    the state finance law, including  spending
     4    increases  or decreases due to: enrollment
     5    fluctuations,  rate  changes,  utilization
     6    changes,  MRT  investments,  and  shift of
     7    beneficiaries to managed care;  and  vari-
     8    ations  in  offline medicaid payments; and
     9    (b) the actions  taken  to  implement  any
    10    medicaid   savings  allocation  adjustment
    11    implemented pursuant to subdivision (4) of
    12    this   section,   including    information
    13    concerning  the  impact of such actions on
    14    each  category   of   service   and   each
    15    geographic  region of the state. Each such
    16    quarterly report shall be provided to  the
    17    chairs  of  the  senate  finance  and  the
    18    assembly ways  and  means  committees  and
    19    shall  be  posted  on  the  department  of
    20    health's website in a timely manner.
    21  The  money  hereby  appropriated  is  to  be
    22    available  for  payment  of aid heretofore
    23    accrued or hereafter  accrued  to  munici-
    24    palities,  and  to  providers  of  medical
    25    services pursuant to section 367-b of  the
    26    social  services  law,  and for payment of
    27    state aid to municipalities and to provid-
    28    ers of family care where  payment  systems
    29    through  the fiscal intermediaries are not
    30    operational.
    31  Notwithstanding any  inconsistent  provision
    32    of  law to the contrary, funds may be used
    33    by  the  department  for   outside   legal
    34    assistance on issues involving the federal
    35    government,  the  conduct  of preadmission
    36    screening  and  annual  resident   reviews
    37    required  by the state's medicaid program,
    38    computer matching with insurance  carriers
    39    to  insure  that  medicaid is the payer of
    40    last resort and activities related to  the
    41    management  of the pharmacy benefit avail-
    42    able under the medicaid program.
    43  Notwithstanding any  inconsistent  provision
    44    of  law, in lieu of payments authorized by
    45    the social services law,  or  payments  of
    46    federal  funds  otherwise due to the local
    47    social  services  districts  for  programs
    48    provided under the federal social security
    49    act  or  the federal food stamp act, funds
    50    herein appropriated, in amounts  certified
    51    by the state commissioner of temporary and
    52    disability assistance or the state commis-
    53    sioner  of health as due from local social
    54    services districts  each  month  as  their
    55    share of payments made pursuant to section
    56    367-b  of  the  social services law may be

        A. 11010                           14

     1    set aside by the state comptroller  in  an
     2    interest-bearing   account   in  order  to
     3    ensure the orderly and prompt  payment  of
     4    providers   under  section  367-b  of  the
     5    social services law pursuant to  an  esti-
     6    mate   provided  by  the  commissioner  of
     7    health  of  each  local  social   services
     8    district's share of payments made pursuant
     9    to  section  367-b  of the social services
    10    law.
    11  Notwithstanding any  inconsistent  provision
    12    of  law,  funding  made available by these
    13    appropriations shall support direct salary
    14    costs and related fringe  benefits  within
    15    the  medical assistance program associated
    16    with any minimum wage increase that  takes
    17    effect   during  the  timeframe  of  these
    18    appropriations, pursuant to section 652 of
    19    the labor law. Each eligible  organization
    20    in  receipt  of  funding made available by
    21    these appropriations may  be  required  to
    22    submit written certification, in such form
    23    and  at  such  time  the  commissioner may
    24    prescribe, attesting to the  total  amount
    25    of  funds  used  by the eligible organiza-
    26    tion, how such funding will be or was used
    27    for purposes eligible under  these  appro-
    28    priations  and  any other reporting deemed
    29    necessary by the commissioner. The amounts
    30    appropriated herein may  include  advances
    31    to  organizations  authorized  to  receive
    32    such funds to accomplish this purpose.
    33  Notwithstanding any other provision of  law,
    34    the   money  hereby  appropriated  may  be
    35    increased or decreased by  interchange  or
    36    transfer,  with  any  appropriation of the
    37    department of health  and  the  office  of
    38    medicaid  inspector  general  and  may  be
    39    increased  or  decreased  by  transfer  or
    40    suballocation  between  these appropriated
    41    amounts and appropriations of the  depart-
    42    ment  of health state purpose account, the
    43    office of mental health, office for people
    44    with   developmental   disabilities,   the
    45    office of addiction services and supports,
    46    the department of family assistance office
    47    of  temporary  and  disability assistance,
    48    the department of corrections and communi-
    49    ty supervision, the office of  information
    50    technology  services, the state university
    51    of New York, and office  of  children  and
    52    family  services,  the  office of medicaid
    53    inspector  general,  the  state  education
    54    department,  and  the state office for the
    55    aging with the approval of the director of
    56    the budget, who shall file  such  approval

        A. 11010                           15
 
     1    with  the  department of audit and control
     2    and copies thereof with  the  chairman  of
     3    the   senate  finance  committee  and  the
     4    chairman  of  the  assembly ways and means
     5    committee.
     6  Notwithstanding any  inconsistent  provision
     7    of  law to the contrary, the moneys hereby
     8    appropriated may be used for  payments  to
     9    the  centers  for  medicaid  and  medicare
    10    services for obligations incurred  related
    11    to  the  pharmaceutical  costs  of  dually
    12    eligible  medicare/medicaid  beneficiaries
    13    participating in the medicare drug benefit
    14    authorized by P.L. 108-173.
    15  Notwithstanding  any  inconsistent provision
    16    of law,  the  moneys  hereby  appropriated
    17    shall  not be used for any existing rates,
    18    fees, fee schedule,  or  procedures  which
    19    may  affect  the cost of care and services
    20    provided by personal care providers,  case
    21    managers,   health  maintenance  organiza-
    22    tions, out  of  state  medical  facilities
    23    which  provide  care and services to resi-
    24    dents of the state, providers of transpor-
    25    tation   services,   that   are   altered,
    26    amended,  adjusted or otherwise changed by
    27    a local social  services  district  unless
    28    previously  approved  by the department of
    29    health and the director of the budget.
    30  Notwithstanding any  inconsistent  provision
    31    of  law  to  the  contrary, funds shall be
    32    made available to the commissioner of  the
    33    office of mental health or the commission-
    34    er of the office of addiction services and
    35    supports, in consultation with the commis-
    36    sioner  of  health  and  approved  by  the
    37    director of  the  budget,  and  consistent
    38    with   appropriations  made  therefor,  to
    39    implement allocation adjustment  developed
    40    by  each  such  commissioner  which  shall
    41    describe mental health  or  substance  use
    42    disorder services that should be developed
    43    to  meet  service needs resulting from the
    44    reduction of inpatient  behavioral  health
    45    services   provided   under  the  medicaid
    46    program, by programs licensed pursuant  to
    47    article  31  or  32  of the mental hygiene
    48    law. Such programs  may  include  programs
    49    that are licensed pursuant to both article
    50    31  of  the mental hygiene law and article
    51    28 of the public health law, or  certified
    52    under   both  article  32  of  the  mental
    53    hygiene law and article 28 of  the  public
    54    health law.
    55  Notwithstanding  any  inconsistent provision
    56    of law, the moneys hereby appropriated may

        A. 11010                           16
 
     1    be available for payments associated  with
     2    the  resolution by settlement agreement or
     3    judgment of rate appeals and/or litigation
     4    where the department of health is a party.
     5  For  services  and  expenses  of the medical
     6    assistance  program   including   hospital
     7    inpatient  services  and general hospitals
     8    that are safety-net providers that  evince
     9    severe  financial  distress,  pursuant  to
    10    criteria determined by  the  commissioner,
    11    shall  be  eligible for awards for amounts
    12    appropriated  herein,   to   enable   such
    13    providers to maintain operations and vital
    14    services   while  establishing  long  term
    15    solutions to  achieve  sustainable  health
    16    services.
    17  Notwithstanding  any inconsistent provisions
    18    of law, no expenditures shall be used  for
    19    the  medical  assistance  program  for any
    20    expenses not explicitly authorized in  law
    21    without  the  approval  of the director of
    22    the budget.
    23  Notwithstanding any provision of law to  the
    24    contrary,  the  portion  of this appropri-
    25    ation covering fiscal year  2026-27  shall
    26    supersede  and replace any duplicative (i)
    27    reappropriation  for  this  item  covering
    28    fiscal  year  2026-27,  and (ii) appropri-
    29    ation for this item covering  fiscal  year
    30    2026-27  set  forth  in  chapter 53 of the
    31    laws of 2025 (26947) ......... [72,714,000]   96,952,000
    32  For services and  expenses  of  the  medical
    33    assistance   program   including  hospital
    34    outpatient and emergency room services.
    35  Notwithstanding any provision of law to  the
    36    contrary,  the  portion  of this appropri-
    37    ation covering fiscal year  2026-27  shall
    38    supersede  and replace any duplicative (i)
    39    reappropriation  for  this  item  covering
    40    fiscal  year  2026-27,  and (ii) appropri-
    41    ation for this item covering  fiscal  year
    42    2026-27  set  forth  in  chapter 53 of the
    43    laws of 2025 (26948) ......... [21,747,000]   28,996,000
    44  For services and  expenses  of  the  medical
    45    assistance    program   including   clinic
    46    services.
    47  Notwithstanding any provision of law to  the
    48    contrary,  the  portion  of this appropri-
    49    ation covering fiscal year  2026-27  shall
    50    supersede  and replace any duplicative (i)
    51    reappropriation  for  this  item  covering
    52    fiscal  year  2026-27,  and (ii) appropri-
    53    ation for this item covering  fiscal  year
    54    2026-27  set  forth  in  chapter 53 of the
    55    laws of 2025 (26949) ......... [42,594,000]   56,792,000

        A. 11010                           17
 
     1  For services and  expenses  of  the  medical
     2    assistance  program including nursing home
     3    services.
     4  Notwithstanding  any provision of law to the
     5    contrary, the portion  of  this  appropri-
     6    ation  covering  fiscal year 2026-27 shall
     7    supersede and replace any duplicative  (i)
     8    reappropriation  for  this  item  covering
     9    fiscal year 2026-27,  and  (ii)  appropri-
    10    ation  for  this item covering fiscal year
    11    2026-27 set forth in  chapter  53  of  the
    12    laws of 2025 (26950) ........ [107,055,000]  142,740,000
    13  For  services  and  expenses  of the medical
    14    assistance program  including  other  long
    15    term care services.
    16  Notwithstanding  any provision of law to the
    17    contrary, the portion  of  this  appropri-
    18    ation  covering  fiscal year 2026-27 shall
    19    supersede and replace any duplicative  (i)
    20    reappropriation  for  this  item  covering
    21    fiscal year 2026-27,  and  (ii)  appropri-
    22    ation  for  this item covering fiscal year
    23    2026-27 set forth in  chapter  53  of  the
    24    laws of 2025 (26951) ........ [509,958,000]  679,944,000
    25  For  services  and  expenses  of the medical
    26    assistance program including managed  care
    27    services   including   regional   planning
    28    activities  of  the  finger  lakes  health
    29    systems  agency, including statewide coor-
    30    dination and demonstration of  best  prac-
    31    tices.  The  department  shall make grants
    32    within amounts appropriated  therefor,  to
    33    assure high-quality and accessible primary
    34    care,  to  provide technical assistance to
    35    support financial  and  business  planning
    36    for  integrated  systems  of  care, and to
    37    assist  primary  care  providers  in   the
    38    adoption,  implementation,  and meaningful
    39    use of electronic health record  technolo-
    40    gy.
    41  Notwithstanding  any provision of law to the
    42    contrary, the portion  of  this  appropri-
    43    ation  covering  fiscal year 2026-27 shall
    44    supersede and replace any duplicative  (i)
    45    reappropriation  for  this  item  covering
    46    fiscal year 2026-27,  and  (ii)  appropri-
    47    ation  for  this item covering fiscal year
    48    2026-27 set forth in  chapter  53  of  the
    49    laws of 2025 (26952) ........ [467,130,000]  622,840,000
    50  For  services  and expenses for health homes
    51    including grants to health homes.
    52  Notwithstanding any provision of law to  the
    53    contrary,  the  portion  of this appropri-
    54    ation covering fiscal year  2026-27  shall
    55    supersede  and replace any duplicative (i)
    56    reappropriation  for  this  item  covering

        A. 11010                           18
 
     1    fiscal  year  2026-27,  and (ii) appropri-
     2    ation for this item covering  fiscal  year
     3    2026-27  set  forth  in  chapter 53 of the
     4    laws of 2025 (29548) ......... [11,310,000]   15,080,000
     5  For services and  expenses  of  the  medical
     6    assistance   program   including  pharmacy
     7    services provided, however, that no  funds
     8    shall  be  made available pursuant to this
     9    appropriation for any drug not  explicitly
    10    authorized  in  any  enacted law, rule, or
    11    regulation  without  approval   from   the
    12    director of the budget.
    13  Notwithstanding  any provision of law to the
    14    contrary, the portion  of  this  appropri-
    15    ation  covering  fiscal year 2026-27 shall
    16    supersede and replace any duplicative  (i)
    17    reappropriation  for  this  item  covering
    18    fiscal year 2026-27,  and  (ii)  appropri-
    19    ation  for  this item covering fiscal year
    20    2026-27 set forth in  chapter  53  of  the
    21    laws of 2025 (26953) ........ [215,778,000]  287,704,000
    22  For  services  and  expenses  of the medical
    23    assistance program  including  transporta-
    24    tion services.
    25  Notwithstanding  any provision of law to the
    26    contrary, the portion  of  this  appropri-
    27    ation  covering  fiscal year 2026-27 shall
    28    supersede and replace any duplicative  (i)
    29    reappropriation  for  this  item  covering
    30    fiscal year 2026-27,  and  (ii)  appropri-
    31    ation  for  this item covering fiscal year
    32    2026-27 set forth in  chapter  53  of  the
    33    laws of 2025 (26954) ......... [30,996,000]   41,328,000
    34  For  services  and  expenses  of the medical
    35    assistance   program   including    dental
    36    services.
    37  Notwithstanding  any provision of law to the
    38    contrary, the portion  of  this  appropri-
    39    ation  covering  fiscal year 2026-27 shall
    40    supersede and replace any duplicative  (i)
    41    reappropriation  for  this  item  covering
    42    fiscal year 2026-27,  and  (ii)  appropri-
    43    ation  for  this item covering fiscal year
    44    2026-27 set forth in  chapter  53  of  the
    45    laws of 2025 (26955) ............ [237,000]      316,000
    46  For  services  and  expenses  of the medical
    47    assistance program including  non-institu-
    48    tional and other spending.
    49  The  money  hereby appropriated is available
    50    for  payment  of  liabilities   heretofore
    51    accrued or hereafter accrued.
    52  Notwithstanding  any  inconsistent provision
    53    of law, the money hereby appropriated  may
    54    be available for payments to any county or
    55    public  school  districts  associated with

        A. 11010                           19
 
     1    additional claims  for  school  supportive
     2    health services.
     3  Notwithstanding  any provision of law to the
     4    contrary, the portion  of  this  appropri-
     5    ation  covering  fiscal year 2026-27 shall
     6    supersede and replace any duplicative  (i)
     7    reappropriation  for  this  item  covering
     8    fiscal year 2026-27,  and  (ii)  appropri-
     9    ation  for  this item covering fiscal year
    10    2026-27 set forth in  chapter  53  of  the
    11    laws of 2025 (26956) ......... [61,812,000]   82,416,000
    12  For  services  and  expenses  of the medical
    13    assistance   program   including   medical
    14    services   provided  at  state  facilities
    15    operated by the office of  mental  health,
    16    the  office  for people with developmental
    17    disabilities and the office  of  addiction
    18    services and supports.
    19  Notwithstanding  any provision of law to the
    20    contrary, the portion  of  this  appropri-
    21    ation  covering  fiscal year 2026-27 shall
    22    supersede and replace any duplicative  (i)
    23    reappropriation  for  this  item  covering
    24    fiscal year 2026-27,  and  (ii)  appropri-
    25    ation  for  this item covering fiscal year
    26    2026-27 set forth in  chapter  53  of  the
    27    laws of 2025 (26961) ........ [288,462,000]  384,616,000
    28                                --------------
 
    29    Special Revenue Funds - Federal
    30    Federal Health and Human Services Fund
    31    Medicaid Direct Account - 25106
 
    32  For  services  and  expenses for the medical
    33    assistance program, including  administra-
    34    tive  expenses  for  local social services
    35    districts, pursuant to title  XIX  of  the
    36    federal social security act or its succes-
    37    sor program.
    38  The  moneys  hereby  appropriated  are to be
    39    available for payment  of  aid  heretofore
    40    accrued  or  hereafter  accrued to munici-
    41    palities,  and  to  providers  of  medical
    42    services  pursuant to section 367-b of the
    43    social services law, and  for  payment  of
    44    state aid to municipalities and to provid-
    45    ers  of  family care where payment systems
    46    through the fiscal intermediaries are  not
    47    operational.
    48  Notwithstanding  any  inconsistent provision
    49    of law, funding made  available  by  these
    50    appropriations shall support direct salary
    51    costs  and  related fringe benefits within
    52    the medical assistance program  associated
    53    with  any minimum wage increase that takes
    54    effect  during  the  timeframe  of   these

        A. 11010                           20
 
     1    appropriations, pursuant to section 652 of
     2    the  labor law. Each eligible organization
     3    in receipt of funding  made  available  by
     4    these  appropriations  may  be required to
     5    submit written certification, in such form
     6    and at  such  time  the  commissioner  may
     7    prescribe,  attesting  to the total amount
     8    of funds used by  the  eligible  organiza-
     9    tion, how such funding will be or was used
    10    for  purposes  eligible under these appro-
    11    priations and any other  reporting  deemed
    12    necessary by the commissioner. The amounts
    13    appropriated  herein  may include advances
    14    to  organizations  authorized  to  receive
    15    such funds to accomplish this purpose.
    16  Notwithstanding  any other provision of law,
    17    the  money  hereby  appropriated  may   be
    18    increased  or  decreased by interchange or
    19    transfer, with any  appropriation  of  the
    20    department  of  health  and  the office of
    21    medicaid  inspector  general  and  may  be
    22    increased  or  decreased  by  transfer  or
    23    suballocation between  these  appropriated
    24    amounts  and  appropriations of the office
    25    of mental health, office for  people  with
    26    developmental  disabilities, the office of
    27    addiction  services  and   supports,   the
    28    department  of family assistance office of
    29    temporary   and   disability   assistance,
    30    office  of  children  and family services,
    31    the  department  of  financial   services,
    32    department  of  corrections  and community
    33    supervision,  the  office  of  information
    34    technology  services, the state university
    35    of New York, the state  education  depart-
    36    ment,  and  the state office for the aging
    37    with the approval of the director  of  the
    38    budget,  who shall file such approval with
    39    the department of audit  and  control  and
    40    copies  thereof  with  the chairman of the
    41    senate finance committee and the  chairman
    42    of the assembly ways and means committee.
    43  Notwithstanding  any  inconsistent provision
    44    of law, in lieu of payments authorized  by
    45    the  social  services  law, or payments of
    46    federal funds otherwise due to  the  local
    47    social  services  districts  for  programs
    48    provided under the federal social security
    49    act or the federal food stamp  act,  funds
    50    herein  appropriated, in amounts certified
    51    by the state commissioner of temporary and
    52    disability assistance or the state commis-
    53    sioner of health as due from local  social
    54    services  districts  each  month  as their
    55    share of payments made pursuant to section
    56    367-b of the social services  law  may  be

        A. 11010                           21
 
     1    set  aside  by the state comptroller in an
     2    interest-bearing  account  in   order   to
     3    ensure  the  orderly and prompt payment of
     4    providers   under  section  367-b  of  the
     5    social services law pursuant to  an  esti-
     6    mate   provided  by  the  commissioner  of
     7    health  of  each  local  social   services
     8    district's share of payments made pursuant
     9    to  section  367-b  of the social services
    10    law.
    11  Notwithstanding any  inconsistent  provision
    12    of  law  to  the  contrary, funds shall be
    13    made available to the commissioner of  the
    14    office of mental health or the commission-
    15    er of the office of addiction services and
    16    supports, in consultation with the commis-
    17    sioner  of  health  and  approved  by  the
    18    director of  the  budget,  and  consistent
    19    with   appropriations  made  therefor,  to
    20    implement allocation adjustment  developed
    21    by  each  such  commissioner  which  shall
    22    describe mental health  or  substance  use
    23    disorder services that should be developed
    24    to  meet  service needs resulting from the
    25    reduction of inpatient  behavioral  health
    26    services   provided   under  the  medicaid
    27    program, by programs licensed pursuant  to
    28    article  31  or  32  of the mental hygiene
    29    law. Such programs  may  include  programs
    30    that are licensed pursuant to both article
    31    31  of  the mental hygiene law and article
    32    28 of the public health law, or  certified
    33    under   both  article  32  of  the  mental
    34    hygiene law and article 28 of  the  public
    35    health law.
    36  Notwithstanding  any  inconsistent provision
    37    of law, the moneys hereby appropriated may
    38    be available for payments associated  with
    39    the  resolution by settlement agreement or
    40    judgment of rate appeals and/or litigation
    41    where the department of health is a party.
    42  Notwithstanding any inconsistent  provisions
    43    of  law, no expenditures shall be used for
    44    the medical  assistance  program  for  any
    45    expenses  not explicitly authorized in law
    46    without the approval of  the  director  of
    47    the budget.
    48  For  services  and  expenses  of the medical
    49    assistance  program   including   hospital
    50    inpatient services.
    51  Notwithstanding  any provision of law to the
    52    contrary, the portion  of  this  appropri-
    53    ation  covering  fiscal year 2026-27 shall
    54    supersede and replace any duplicative  (i)
    55    reappropriation  for  this  item  covering

        A. 11010                           22
 
     1    fiscal year 2026-27,  and  (ii)  appropri-
     2    ation  for  this item covering fiscal year
     3    2026-27  set  forth  in  chapter 53 of the
     4    laws of 2025 (26947) ........ [151,770,000]  227,655,000
     5  For services and  expenses  of  the  medical
     6    assistance   program   including  hospital
     7    outpatient and emergency room services.
     8  Notwithstanding any provision of law to  the
     9    contrary,  the  portion  of this appropri-
    10    ation covering fiscal year  2026-27  shall
    11    supersede  and replace any duplicative (i)
    12    reappropriation  for  this  item  covering
    13    fiscal  year  2026-27,  and (ii) appropri-
    14    ation for this item covering  fiscal  year
    15    2026-27  set  forth  in  chapter 53 of the
    16    laws of 2025 (26948) ......... [27,048,000]   40,572,000
    17  For services and  expenses  of  the  medical
    18    assistance    program   including   clinic
    19    services.
    20  Notwithstanding any provision of law to  the
    21    contrary,  the  portion  of this appropri-
    22    ation covering fiscal year  2026-27  shall
    23    supersede  and replace any duplicative (i)
    24    reappropriation  for  this  item  covering
    25    fiscal  year  2026-27,  and (ii) appropri-
    26    ation for this item covering  fiscal  year
    27    2026-27  set  forth  in  chapter 53 of the
    28    laws of 2025 (26949) ......... [43,794,000]   65,691,000
    29  For services and  expenses  of  the  medical
    30    assistance  program including nursing home
    31    services.
    32  Notwithstanding any provision of law to  the
    33    contrary,  the  portion  of this appropri-
    34    ation covering fiscal year  2026-27  shall
    35    supersede  and replace any duplicative (i)
    36    reappropriation  for  this  item  covering
    37    fiscal  year  2026-27,  and (ii) appropri-
    38    ation for this item covering  fiscal  year
    39    2026-27  set  forth  in  chapter 53 of the
    40    laws of 2025 (26950) ........ [225,480,000]  338,220,000
    41  For services and  expenses  of  the  medical
    42    assistance  program  including  other long
    43    term care services.
    44  Notwithstanding any provision of law to  the
    45    contrary,  the  portion  of this appropri-
    46    ation covering fiscal year  2026-27  shall
    47    supersede  and replace any duplicative (i)
    48    reappropriation  for  this  item  covering
    49    fiscal  year  2026-27,  and (ii) appropri-
    50    ation for this item covering  fiscal  year
    51    2026-27  set  forth  in  chapter 53 of the
    52    laws of 2025 (26951) ........ [643,218,000]  964,827,000
    53  For services and  expenses  of  the  medical
    54    assistance  program including managed care
    55    services   including   regional   planning
    56    activities  of  the  finger  lakes  health

        A. 11010                           23
 
     1    systems agency, including statewide  coor-
     2    dination  and  demonstration of best prac-
     3    tices. The department  shall  make  grants
     4    within  amounts  appropriated therefor, to
     5    assure high-quality and accessible primary
     6    care, to provide technical  assistance  to
     7    support  financial  and  business planning
     8    for integrated systems  of  care,  and  to
     9    assist   primary  care  providers  in  the
    10    adoption, implementation,  and  meaningful
    11    use  of electronic health record technolo-
    12    gy.
    13  Notwithstanding any  inconsistent  provision
    14    of law, rule, or regulation to the contra-
    15    ry, funds appropriated herein shall not be
    16    subject  to  article  6  of  the financial
    17    services law.
    18  Notwithstanding any  inconsistent  provision
    19    of law, rule, or regulation to the contra-
    20    ry,  funds  appropriated herein shall only
    21    be made  available  for  applied  behavior
    22    analysis  services  if  such  services are
    23    recommended by a  health  care  or  mental
    24    health  care practitioner authorized under
    25    title eight of the education law  who  has
    26    been  designated  as  an  applied behavior
    27    analysis center of excellence provider  by
    28    the commissioner of health.
    29  Notwithstanding  any provision of law to the
    30    contrary, the portion  of  this  appropri-
    31    ation  covering  fiscal year 2026-27 shall
    32    supersede and replace any duplicative  (i)
    33    reappropriation  for  this  item  covering
    34    fiscal year 2026-27,  and  (ii)  appropri-
    35    ation  for  this item covering fiscal year
    36    2026-27 set forth in  chapter  53  of  the
    37    laws of 2025 (26952) ....... [784,936,000] 1,177,404,000
    38  For  services  and  expenses  of the medical
    39    assistance  program   including   pharmacy
    40    services, provided, however, that no funds
    41    shall  be  made available pursuant to this
    42    appropriation for any drug not  explicitly
    43    authorized  in any heretofore enacted law,
    44    rule, or regulation without approval  from
    45    the director of the budget.
    46  Notwithstanding  any provision of law to the
    47    contrary, the portion  of  this  appropri-
    48    ation  covering  fiscal year 2026-27 shall
    49    supersede and replace any duplicative  (i)
    50    reappropriation  for  this  item  covering
    51    fiscal year 2026-27,  and  (ii)  appropri-
    52    ation  for  this item covering fiscal year
    53    2026-27 set forth in  chapter  53  of  the
    54    laws of 2025 (26953) ........ [236,438,000]  354,657,000

        A. 11010                           24
 
     1  For  services  and  expenses  of the medical
     2    assistance program  including  transporta-
     3    tion services.
     4  Notwithstanding  any provision of law to the
     5    contrary, the portion  of  this  appropri-
     6    ation  covering  fiscal year 2026-27 shall
     7    supersede and replace any duplicative  (i)
     8    reappropriation  for  this  item  covering
     9    fiscal year 2026-27,  and  (ii)  appropri-
    10    ation  for  this item covering fiscal year
    11    2026-27 set forth in  chapter  53  of  the
    12    laws of 2025 (26954) ......... [31,764,000]   47,646,000
    13  For  services  and  expenses  of the medical
    14    assistance   program   including    dental
    15    services.
    16  Notwithstanding  any provision of law to the
    17    contrary, the portion  of  this  appropri-
    18    ation  covering  fiscal year 2026-27 shall
    19    supersede and replace any duplicative  (i)
    20    reappropriation  for  this  item  covering
    21    fiscal year 2026-27,  and  (ii)  appropri-
    22    ation  for  this item covering fiscal year
    23    2026-27 set forth in  chapter  53  of  the
    24    laws of 2025 (26955) .......... [3,672,000]    5,508,000
    25  For  services  and  expenses  of the medical
    26    assistance program  including  noninstitu-
    27    tional and other spending.
    28  The  money  hereby appropriated is available
    29    for  payment  of  liabilities   heretofore
    30    accrued or hereafter accrued.
    31  Notwithstanding  any provision of law to the
    32    contrary, the portion  of  this  appropri-
    33    ation  covering  fiscal year 2026-27 shall
    34    supersede and replace any duplicative  (i)
    35    reappropriation  for  this  item  covering
    36    fiscal year 2026-27,  and  (ii)  appropri-
    37    ation  for  this item covering fiscal year
    38    2026-27 set forth in  chapter  53  of  the
    39    laws of 2025 (26956) ........ [359,610,000]  539,415,000
    40  Notwithstanding  any  inconsistent provision
    41    of law, subject to  the  approval  of  the
    42    director of the budget, upon submission of
    43    an  allocation adjustment from the commis-
    44    sioner of health, the amount  appropriated
    45    herein, together with any available feder-
    46    al  matching  funds, may be transferred or
    47    suballocated  to  the  office  of   mental
    48    health,  office  of addiction services and
    49    supports, office for people with  develop-
    50    mental  disabilities,  division of housing
    51    and  community  renewal,  New  York  state
    52    housing trust fund corporation, and office
    53    of temporary and disability assistance for
    54    services and expenses related to providing
    55    affordable   housing.  Any  such  spending

        A. 11010                           25
 
     1    shall consider the  geographical  location
     2    of the grants.
     3  Notwithstanding  any provision of law to the
     4    contrary, the portion  of  this  appropri-
     5    ation  covering  fiscal year 2026-27 shall
     6    supersede and replace any duplicative  (i)
     7    reappropriation  for  this  item  covering
     8    fiscal year 2026-27,  and  (ii)  appropri-
     9    ation  for  this item covering fiscal year
    10    2026-27 set forth in  chapter  53  of  the
    11    laws of 2025 (29521) ........ [192,308,000]  288,462,000
    12                                --------------

    13    §  10. Section 6 of chapter 98 of the laws of 2026, relating to making
    14  appropriations for the support of government, as amended by chapter  103
    15  of the laws of 2026, is amended to read as follows:
    16    §  6.  The  amounts  specified  in this section, or so much thereof as
    17  shall be sufficient to accomplish the  purposes  designated,  is  hereby
    18  appropriated  and  authorized to be paid as hereinafter provided, to the
    19  public officers and for the purposes specified, which  amount  shall  be
    20  available for the state fiscal year beginning April 1, 2026.
 
    21                             DEPARTMENT OF LABOR
 
    22                              AID TO LOCALITIES
 
    23  UNEMPLOYMENT INSURANCE BENEFIT PROGRAM ...... [570,000,000]  765,000,000
    24                                              --------------
 
    25    Enterprise Funds
    26    Unemployment Insurance Benefit Fund
    27    Unemployment Insurance Benefit Account - 50650
 
    28  For  payment of unemployment insurance bene-
    29    fits pursuant to article 18 of  the  labor
    30    law   or  as  authorized  by  the  federal
    31    government through the disaster  unemploy-
    32    ment  assistance  program,  the  emergency
    33    unemployment  compensation  program,   the
    34    extended   benefit  program,  the  federal
    35    additional  compensation  program  or  any
    36    other  federally funded unemployment bene-
    37    fit program (34787) ......... [570,000,000]  765,000,000
    38                                --------------
 
    39    § 11. Section 7 of chapter 98 of the laws of 2026, relating to  making
    40  appropriations  for the support of government, as amended by chapter 103
    41  of the laws of 2026, is amended to read as follows:
    42    § 7. The amounts specified in this section,  or  so  much  thereof  as
    43  shall  be  sufficient  to  accomplish the purposes designated, is hereby
    44  appropriated and authorized to be paid as hereinafter provided,  to  the
    45  public  officers  and  for the purposes specified, which amount shall be
    46  available for the state fiscal year beginning April 1, 2026.

        A. 11010                           26
 
     1                        DEPARTMENT OF MENTAL HYGIENE
 
     2              OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES
 
     3                              AID TO LOCALITIES
 
     4  COMMUNITY SERVICES PROGRAM .................. [311,985,000]  457,038,000
     5                                              --------------
 
     6    General Fund
     7    Local Assistance Account - 10000
 
     8  For  services  and expenses of the community
     9    services program,  net  of  disallowances,
    10    for  community  programs  for  people with
    11    developmental  disabilities  pursuant   to
    12    article  41  of  the  mental  hygiene law,
    13    and/or chapter 620 of the  laws  of  1974,
    14    chapter  660  of the laws of 1977, chapter
    15    412 of the laws of 1981, chapter 27 of the
    16    laws of 1987, chapter 729 of the  laws  of
    17    1989,  chapter 329 of the laws of 1993 and
    18    other provisions  of  the  mental  hygiene
    19    law.   Notwithstanding   any  inconsistent
    20    provision of law, the following  appropri-
    21    ation shall be net of prior and/or current
    22    year refunds, rebates, reimbursements, and
    23    credits.
    24  Notwithstanding  any other provision of law,
    25    advances and reimbursement  made  pursuant
    26    to  subdivision  (d)  of section 41.15 and
    27    section 41.18 of the  mental  hygiene  law
    28    shall  be allocated pursuant to a plan and
    29    in a manner prescribed by the agency  head
    30    and  approved by the director of the budg-
    31    et. The  moneys  hereby  appropriated  are
    32    available  to reimburse or advance locali-
    33    ties and voluntary non-profit agencies for
    34    expenditures  made  during  local   fiscal
    35    periods  commencing January 1, 2026, April
    36    1, 2026 or July 1, 2026, and for  advances
    37    for  the  3 month period beginning January
    38    1, 2027.
    39  Notwithstanding the provisions of article 41
    40    of the mental hygiene  law  or  any  other
    41    inconsistent  provision  of  law,  rule or
    42    regulation, the commissioner, pursuant  to
    43    such  contract  and in the manner provided
    44    therein, may pay all or a portion  of  the
    45    expenses  incurred by such voluntary agen-
    46    cies arising out of loans which are funded
    47    from  the  proceeds  of  bonds  and  notes
    48    issued  by  the dormitory authority of the
    49    state of New York.
    50  Notwithstanding any other provision of  law,
    51    the   money  hereby  appropriated  may  be

        A. 11010                           27
 
     1    transferred to state operations and/or any
     2    appropriation of  the  office  for  people
     3    with  developmental  disabilities with the
     4    approval of the director of the budget.
     5  Notwithstanding  any  inconsistent provision
     6    of law, moneys from this appropriation may
     7    be used for state aid of up to 100 percent
     8    of the net deficit costs of  day  training
     9    programs and family support services.
    10  Notwithstanding  the  provisions  of section
    11    16.23 of the mental hygiene  law  and  any
    12    other  inconsistent provision of law, with
    13    relation to  the  operation  of  certified
    14    family  care  homes, including family care
    15    homes sponsored by voluntary  not-for-pro-
    16    fit  agencies,  moneys from this appropri-
    17    ation may be used for payments to purchase
    18    general services including but not limited
    19    to respite providers, up to a  maximum  of
    20    14 days, at rates to be established by the
    21    commissioner  and approved by the director
    22    of the budget in consideration of  factors
    23    including,  but not limited to, geographic
    24    area and number of clients  cared  for  in
    25    the  home  and  for  payment  in an amount
    26    determined by  the  commissioner  for  the
    27    personal  needs of each client residing in
    28    the family care home.
    29  Notwithstanding the provisions  of  subdivi-
    30    sion  12 of section 8 of the state finance
    31    law and any other  inconsistent  provision
    32    of law, moneys from this appropriation may
    33    be  used for expenses of family care homes
    34    including payments to operators of  certi-
    35    fied  family care homes for damages caused
    36    by clients to personal and  real  property
    37    in  accordance  with standards established
    38    by the commissioner and  approved  by  the
    39    director of the budget.
    40  Notwithstanding  any  inconsistent provision
    41    of law, moneys from this appropriation may
    42    be  used  for  appropriate   day   program
    43    services  and residential services includ-
    44    ing, but not limited  to,  direct  housing
    45    subsidies    to    individuals,   start-up
    46    expenses for family care providers,  envi-
    47    ronmental modifications, adaptive technol-
    48    ogies,   appraisals,   property   options,
    49    feasibility  studies  and   preoperational
    50    expenses.
    51  Notwithstanding  any  inconsistent provision
    52    of law except pursuant to a chapter of the
    53    laws of 2025  authorizing  a  2.6  percent
    54    targeted  inflationary  increase,  for the
    55    period commencing on  April  1,  2025  and
    56    ending  March  31,  2026  the commissioner

        A. 11010                           28
 
     1    shall not  apply  any  other  inflationary
     2    increases,  cost of living type increases,
     3    inflation factors, or  trend  factors  for
     4    the   purpose  of  establishing  rates  of
     5    payments, contracts or any other  form  of
     6    reimbursement;  provided  that  this shall
     7    not prevent the commissioner from applying
     8    prior  adjustments  for  the  purpose   of
     9    establishing rates resulting from a rebas-
    10    ing of base year costs.
    11  Notwithstanding  section  6908 of the educa-
    12    tion law and any other provision  of  law,
    13    rule or regulation to the contrary, direct
    14    support  staff  in  programs  certified or
    15    approved by the  office  for  people  with
    16    developmental  disabilities, including the
    17    home and community based  services  waiver
    18    programs  that  the office for people with
    19    developmental disabilities  is  authorized
    20    to administer with federal approval pursu-
    21    ant  to subdivision (c) of section 1915 of
    22    the  federal  social  security  act,   are
    23    authorized  to provide such tasks as OPWDD
    24    may  specify  when  performed  under   the
    25    supervision,    training    and   periodic
    26    inspection of  a  registered  professional
    27    nurse and in accordance with an authorized
    28    practitioner's ordered care.
    29  Notwithstanding  any  other provision of law
    30    to  the  contrary,  and  consistent   with
    31    section  33.07  of the mental hygiene law,
    32    the directors of facilities  licensed  but
    33    not operated by the office for people with
    34    developmental   disabilities  who  act  as
    35    federally-appointed representative  payees
    36    and  who  assume management responsibility
    37    over the funds of a resident may  continue
    38    to  use  such  funds  for  the cost of the
    39    resident's care and treatment,  consistent
    40    with federal law and regulations.
    41  Funds appropriated herein shall be available
    42    in accordance with the following:
    43  Notwithstanding  any  inconsistent provision
    44    of law, the  director  of  the  budget  is
    45    authorized  to  make  suballocations  from
    46    this appropriation to  the  department  of
    47    health medical assistance program.
    48  Notwithstanding  any  inconsistent provision
    49    of law, and pursuant  to  criteria  estab-
    50    lished  by  the commissioner of the office
    51    for people with developmental disabilities
    52    and approved by the director of the  budg-
    53    et,  expenditures  may  be  made from this
    54    appropriation for  residential  facilities
    55    which   are   pending  recertification  as

        A. 11010                           29
 
     1    intermediate care  facilities  for  people
     2    with developmental disabilities.
     3  Notwithstanding  the  provisions  of section
     4    41.36 of the mental hygiene  law  and  any
     5    other   inconsistent   provision  of  law,
     6    moneys from this appropriation may be used
     7    for  payment  up  to  $250  per  year  per
     8    client,  at  such times and in such manner
     9    as determined by the commissioner  on  the
    10    basis  of  financial need for the personal
    11    needs of each client residing in voluntar-
    12    y-operated community residences and volun-
    13    tary-operated community residential alter-
    14    natives,     including      individualized
    15    residential  alternatives  under  the home
    16    and community based services  waiver.  The
    17    commissioner   shall,   subject   to   the
    18    approval of the director  of  the  budget,
    19    alter  existing  advance payment schedules
    20    for  voluntary-operated  community   resi-
    21    dences  established  pursuant  to  section
    22    41.36 of the mental hygiene law.
    23  Notwithstanding any  inconsistent  provision
    24    of law, moneys from this appropriation may
    25    be  used  for  the  operation  of  clinics
    26    licensed pursuant to  article  16  of  the
    27    mental  hygiene  law  including,  but  not
    28    limited to,  supportive  and  habilitative
    29    services  consistent  with  the  home  and
    30    community based services waiver.
    31  For the state and/or local share of  medical
    32    assistance  services  expenses incurred by
    33    the department of health for the provision
    34    of medical assistance services  to  people
    35    with developmental disabilities ..........
    36    (37835) ..................... [280,008,000]  420,012,000
    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. 11010                           30
 
     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, 2026,  April
     9    1,  2026 or July 1, 2026, and for advances
    10    for the 3 month period  beginning  January
    11    1, 2027.
    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. 11010                           31
 
     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, moneys from this appropriation may
    21    be   used   to  fund  continuity  of  care
    22    services, family reimbursed respite, other
    23    than personal services and direct  housing
    24    subsidies  for  people who are enrolled in
    25    OPWDD's self-direction  program,  provided
    26    any  or all such costs are identified in a
    27    self-direction budget approved by OPWDD.
    28  Notwithstanding any  inconsistent  provision
    29    of law except pursuant to a chapter of the
    30    laws  of  2025  authorizing  a 2.6 percent
    31    targeted inflationary  increase,  for  the
    32    period  commencing  on  April  1, 2025 and
    33    ending March  31,  2026  the  commissioner
    34    shall  not  apply  any  other inflationary
    35    increases, cost of living type  increases,
    36    inflation  factors,  or  trend factors for
    37    the  purpose  of  establishing  rates   of
    38    payments,  contracts  or any other form of
    39    reimbursement; provided  that  this  shall
    40    not prevent the commissioner from applying
    41    prior   adjustments  for  the  purpose  of
    42    establishing rates resulting from a rebas-
    43    ing of base year costs.
    44  Notwithstanding section 6908 of  the  educa-
    45    tion  law  and any other provision of law,
    46    rule or regulation to the contrary, direct
    47    support staff  in  programs  certified  or
    48    approved  by  the  office  for people with
    49    developmental disabilities, including  the
    50    home  and  community based services waiver
    51    programs that the office for  people  with
    52    developmental  disabilities  is authorized
    53    to administer with federal approval pursu-
    54    ant to subdivision (c) of section 1915  of
    55    the   federal  social  security  act,  are
    56    authorized to provide such tasks as  OPWDD

        A. 11010                           32
 
     1    may   specify  when  performed  under  the
     2    supervision,   training    and    periodic
     3    inspection  of  a  registered professional
     4    nurse and in accordance with an authorized
     5    practitioner's ordered care.
     6  Notwithstanding  any  other provision of law
     7    to  the  contrary,  and  consistent   with
     8    section  33.07  of the mental hygiene law,
     9    the directors of facilities  licensed  but
    10    not operated by the office for people with
    11    developmental   disabilities  who  act  as
    12    federally-appointed representative  payees
    13    and  who  assume management responsibility
    14    over the funds of a resident may  continue
    15    to  use  such  funds  for  the cost of the
    16    resident's care and treatment,  consistent
    17    with federal law and regulations.
    18  Funds appropriated herein shall be available
    19    in accordance with the following:
    20  Notwithstanding  any  other provision of law
    21    to the contrary, funds appropriated herein
    22    are   available  to    reimburse  in-  and
    23    out-of-state  private residential schools,
    24    pursuant to  subdivision  (c)  of  section
    25    13.37-a  and  subdivision  (g)  of section
    26    13.38 of the mental hygiene law, for costs
    27    of  supporting  the  residential  and  day
    28    program  services available to individuals
    29    who are over the age of 21 years  of  age,
    30    provided that the amount paid for residen-
    31    tial  services and/or maintenance costs is
    32    net of any  supplemental  security  income
    33    benefit  to which the individual receiving
    34    services is eligible, and provided further
    35    that funding for  nonresidential  services
    36    will  be  in  an  amount not to exceed the
    37    maximum reimbursement for appropriate  day
    38    services   delivered  by  the  office  for
    39    people  with  developmental   disabilities
    40    certified or approved providers other than
    41    in-  and  out-of-state private residential
    42    schools, unless  otherwise  authorized  by
    43    the director of the budget.
    44  Notwithstanding  section  163  of  the state
    45    finance law, section 142 of  the  economic
    46    development  law,  and  article  41 of the
    47    mental hygiene law,  the  commissioner  of
    48    the  office  for people with developmental
    49    disabilities may make the funds  appropri-
    50    ated herein available as state aid, a loan
    51    or  a  grant, pursuant to terms and condi-
    52    tions established by the  commissioner  of
    53    the  office  for people with developmental
    54    disabilities, to cover a  portion  of  the
    55    development   costs   of  private,  public
    56    and/or non-profit organizations, including

        A. 11010                           33
 
     1    corporations and partnerships  established
     2    pursuant  to  the  private housing finance
     3    law and/or any other statutory provisions,
     4    for  supportive  housing  units  that have
     5    been set aside for individuals with intel-
     6    lectual  and  developmental  disabilities.
     7    Further, the office for people with devel-
     8    opmental disabilities shall have a lien on
     9    the  real  property  developed  with  such
    10    state aid, loans or grants, which shall be
    11    in the amount of the loan or grant, for  a
    12    maximum  term of 30 years, or other longer
    13    term consistent with the  requirements  of
    14    another regulatory agency.
    15  For  services  and  expenses  related to the
    16    provision  of  residential   services   to
    17    people   with  developmental  disabilities
    18    (37802) ...................... [18,563,000]   21,494,000
    19  For services and  expenses  related  to  the
    20    provision   of  day  program  services  to
    21    people  with  developmental   disabilities
    22    (37803) ....................... [4,560,000]    5,280,000
    23  For  services  and  expenses  related to the
    24    provision of family  support  services  to
    25    people   with  developmental  disabilities
    26    (37804) ....................... [5,130,000]    5,940,000
    27  For services and  expenses  related  to  the
    28    provision  of  workshop,  day training and
    29    employment services to people with  devel-
    30    opmental disabilities. Notwithstanding any
    31    other  provision  of  law, up to [$43,700]
    32    $50,600  of  this  appropriation  may   be
    33    transferred  to  the New York State Educa-
    34    tion Departments' Adult Career and Contin-
    35    uing Education Services - Vocational Reha-
    36    bilitation (ACCES-VR) program  to  support
    37    the  LongTerm Sheltered Employment program
    38    operated    by    FEDCAP    Rehabilitation
    39    Services, Inc.  (37805) ....... [2,964,000]    3,432,000
    40  For  other services and expenses provided to
    41    people  with  developmental   disabilities
    42    including  but not limited to hepatitis B,
    43    care at home  waiver,  epilepsy  services,
    44    Special Olympics New York, Inc. and volun-
    45    tary fingerprinting (37806) ..... [760,000]      880,000
    46                                --------------
 
    47    §  12. Section 8 of chapter 98 of the laws of 2026, relating to making
    48  appropriations for the support of government, as amended by chapter  103
    49  of the laws of 2026, is amended to read as follows:
    50    §  8.  The  amounts  specified  in this section, or so much thereof as
    51  shall be sufficient to accomplish the  purposes  designated,  is  hereby
    52  appropriated  and  authorized to be paid as hereinafter provided, to the
    53  public officers and for the purposes specified, which  amount  shall  be
    54  available for the state fiscal year beginning April 1, 2026.

        A. 11010                           34
 
     1                      DEPARTMENT OF VETERANS' SERVICES
 
     2                              AID TO LOCALITIES
 
     3  BLIND VETERAN ANNUITY ASSISTANCE PROGRAM ....................... 385,000
     4                                                            --------------
 
     5    General Fund
     6    Local Assistance Account - 10000
 
     7  For  payment  of annuities to blind veterans
     8    and  eligible  surviving  spouses.  Up  to
     9    $15,000   of  this  appropriation  may  be
    10    transferred to state operations for admin-
    11    istrative  costs  associated   with   this
    12    program (54606) ................................ 385,000
    13                                              --------------
 
    14  VETERANS' BENEFITS ADVISING PROGRAM ............. [114,000]      132,000
    15                                              --------------

    16    Special Revenue Funds - Other
    17    Homeless Veterans Assistance Fund
    18    Homeless Veterans Assistance Account - 20204
 
    19  For  services  and expenses related to home-
    20    less veterans' housing (54815) .. [114,000]      132,000
    21                                --------------
 
    22    § 13. No expenditure may be made from any appropriation in  this  act,
    23  until  a  certificate of approval has been issued by the director of the
    24  budget and a copy of such certificate shall have  been  filed  with  the
    25  state  comptroller, the chairman of the senate finance committee and the
    26  chairman of the assembly ways and  means  committee  provided,  however,
    27  that  any  expenditures  from  any appropriation in this act made by the
    28  legislature or judiciary shall not require such certificate.
 
    29    § 14. All expenditures and disbursements made  against  the  appropri-
    30  ations in this act shall, upon final action by the legislature on appro-
    31  priation  bills submitted by the governor pursuant to article VII of the
    32  state constitution for the support of government for  the  state  fiscal
    33  year  beginning  April  1,  2026,  be  transferred by the comptroller as
    34  expenditures and disbursements to  such  appropriations  for  all  state
    35  departments and agencies, as applicable, in amounts equal to the amounts
    36  charged against the appropriations in this act for each such department,
    37  agency, and the legislature and the judiciary.
 
    38    §  15. Severability clause. If any clause, sentence, paragraph, subdi-
    39  vision, section or part of this act shall be adjudged by  any  court  of
    40  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    41  impair, or invalidate the remainder thereof, but shall  be  confined  in
    42  its  operation  to the clause, sentence, paragraph, subdivision, section
    43  or part thereof directly involved in the controversy in which such judg-
    44  ment shall have been rendered. It is hereby declared to be the intent of
    45  the legislature that this act would  have  been  enacted  even  if  such
    46  invalid provisions had not been included herein.

        A. 11010                           35
 
     1    §  16.  This  act shall take effect immediately and shall be deemed to
     2  have been in full force and effect on and after April 1, 2026; provided,
     3  however, that upon the transfer of expenditures and disbursements by the
     4  comptroller as provided in section fourteen of this act,  the  appropri-
     5  ations  made  by  this  act  and subject to such section shall be deemed
     6  repealed.
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