STATE OF NEW YORK
________________________________________________________________________
11165
IN ASSEMBLY
April 29, 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; to amend chapter 104 of the laws of 2026,
relating to making appropriations for the support of government, in
relation thereto; and providing for the repeal of such provisions upon
expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative intent. The legislature hereby finds and
2 declares that the enactment of these appropriations provides sufficient
3 authority to the comptroller for the purpose of making payments for the
4 purposes described herein until such time as appropriation bills submit-
5 ted by the governor pursuant to article VII of the state constitution
6 for the support of government for the state fiscal year beginning April
7 1, 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 106
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12034-01-6
A. 11165 2
1 incurred prior to April 1, 2026, on the
2 payrolls scheduled to be paid during the
3 period April 1 through [April 30] May 4,
4 2026 to state officers and employees of
5 the executive branch, including the gover-
6 nor, lieutenant governor, comptroller, and
7 attorney general, and to employees of the
8 legislature. This appropriation also
9 includes payments for services performed
10 by mentally ill or developmentally disa-
11 bled persons who are employed in state-
12 operated special employment, work-for-pay
13 or sheltered workshop programs ...........
14 .......................... [1,491,021,469] 1,491,046,469
15 --------------
16 § 3. Section 3 of chapter 98 of the laws of 2026, relating to making
17 appropriations for the support of government, as amended by chapter 106
18 of the laws of 2026, is amended to read as follows:
19 § 3. The amount specified in this section, or so much thereof as shall
20 be sufficient to accomplish the purpose designated, is hereby appropri-
21 ated and authorized to be paid as hereinafter provided, to the public
22 officers and for the purpose specified, which amount shall be available
23 for the state fiscal year beginning April 1, 2026.
24 ALL STATE DEPARTMENTS AND AGENCIES
25 For the payment of state operations non
26 personal service liabilities to the execu-
27 tive branch, including the comptroller,
28 and the attorney general, and legislature,
29 incurred in the ordinary course of busi-
30 ness, during the period April 1 through
31 [April 30] May 4, 2026, pursuant to exist-
32 ing state law and for purposes for which
33 the legislature authorized the expenditure
34 of moneys during the 2025-2026 state
35 fiscal year; provided, however, that noth-
36 ing contained herein shall be deemed to
37 limit or restrict the power or authority
38 of state departments or agencies to
39 conduct their activities or operations in
40 accordance with existing law, and further
41 provided that nothing contained herein
42 shall be deemed to supersede, nullify or
43 modify the provisions of section 40 of the
44 state finance law prescribing when appro-
45 priations made for the 2025-2026 state
46 fiscal year shall have ceased to have
47 force and effect ............................ 44,000,000
48 --------------
49 § 4. Section 4 of chapter 102 of the laws of 2026, relating to making
50 appropriations for the support of government, as amended by chapter 106
51 of the laws of 2026, is amended to read as follows:
A. 11165 3
1 § 4. The amounts specified in this section, or so much thereof as
2 shall be sufficient to accomplish the purposes designated, is hereby
3 appropriated and authorized to be paid as hereinafter provided, to the
4 respective public officers and for the purposes specified, which amount
5 shall be available for the state fiscal year beginning April 1, 2026.
6 MISCELLANEOUS - - ALL STATE DEPARTMENTS AND AGENCIES
7 The sum of ten million dollars
8 ($10,000,000), or so much thereof as shall
9 be sufficient to accomplish the purpose
10 designated, is hereby appropriated for
11 contracts and grants approved for purposes
12 for which the legislature authorized the
13 expenditures of money during the 2025-2026
14 fiscal year. An amount up to ten million
15 dollars ($10,000,000) shall be available
16 for the payment of capital projects
17 liabilities incurred during the period
18 from April 1 through [April 30] May 4,
19 2026 for contracts and grants approved
20 prior to April 1, 2026, provided, however,
21 that nothing contained herein shall be
22 deemed to limit or restrict the power or
23 authority of state departments or agencies
24 to conduct their activities or operations
25 in accordance with existing law, and
26 further provided that nothing contained
27 herein shall be deemed to supersede,
28 nullify, or modify the provisions of
29 section 40 of the state finance law
30 prescribing when appropriations made for
31 the 2025-2026 fiscal year shall have
32 ceased to have force and effect ............. 10,000,000
33 --------------
34 § 5. Section 5 of chapter 102 of the laws of 2026, relating to making
35 appropriations for the support of government, as amended by chapter 106
36 of the laws of 2026, is amended to read as follows:
37 § 5. The amounts specified in this section, or so much thereof as
38 shall be sufficient to accomplish the purposes designated, is hereby
39 appropriated and authorized to be paid as hereinafter provided, to the
40 respective public officers and for the purposes specified, which amount
41 shall be available for the state fiscal year beginning April 1, 2026.
42 MISCELLANEOUS - - ALL STATE DEPARTMENTS AND AGENCIES
43 The sum of twenty million dollars
44 ($20,000,000), or so much thereof as shall
45 be sufficient to accomplish the purpose
46 designated, is hereby appropriated for
47 contracts and grants approved for purposes
48 for which the legislature authorized the
49 expenditures of money during the 2025-2026
50 fiscal year. An amount up to twenty
51 million dollars ($20,000,000) shall be
A. 11165 4
1 available for the payment of capital
2 projects liabilities incurred during the
3 period from April 1 through [April 30] May
4 4, 2026 for contracts and grants approved
5 after April 1, 2026, provided, however,
6 that nothing contained herein shall be
7 deemed to limit or restrict the power or
8 authority of state departments or agencies
9 to conduct their activities or operations
10 in accordance with existing law, and
11 further provided that nothing contained
12 herein shall be deemed to supersede,
13 nullify, or modify the provisions of
14 section 40 of the state finance law
15 prescribing when appropriations made for
16 the 2025-2026 fiscal year shall have
17 ceased to have force and effect ............ 20,000,000
18 --------------
19 § 6. Section 4 of chapter 98 of the laws of 2026, relating to making
20 appropriations for the support of government, as amended by chapter 106
21 of the laws of 2026, is amended to read as follows:
22 § 4. The amounts specified in this section, or so much thereof as
23 shall be sufficient to accomplish the purposes designated, is hereby
24 appropriated and authorized to be paid as hereinafter provided, to the
25 public officers and for the purposes specified, which amount shall be
26 available for the state fiscal year beginning April 1, 2026.
27 MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES
28 GENERAL STATE CHARGES
29 STATE OPERATIONS
30 GENERAL STATE CHARGES ....................... [691,631,000] 713,806,000
31 --------------
32 General Fund
33 State Purposes Account - 10050
34 For employee fringe benefits according to
35 the following project schedule including
36 those benefits which are related to
37 employees paid from funds, accounts, or
38 programs where the division of the budget
39 has issued waivers (85022) .. [683,733,000] 705,908,000
40 Project Schedule
41 PROJECT AMOUNT
42 --------------------------------------------
43 For the state's contribution
44 to the health insurance fund
45 and deposit into the retiree
46 health benefit trust fund
47 pursuant to section 99-aa of
48 the state finance law. The
A. 11165 5
1 state's share of the health
2 insurance program dividends
3 shall be available to pay
4 for the premiums in 2026-27 .. 514,422,000
5 For the state's contribution
6 to the social security
7 contribution fund ..........
8 .............. [116,000,000] 137,500,000
9 For the state's contribution
10 to employee benefit fund
11 programs ...................... 40,500,000
12 For the state's contribution
13 to the dental insurance plan ... 7,415,000
14 For the payment of the metro-
15 politan commuter transporta-
16 tion mobility tax pursuant
17 to article 23 of the tax
18 law, as added by chapter 25
19 of the laws of 2009, on
20 behalf of the state employ-
21 ees employed in the metro-
22 politan commuter transporta-
23 tion district ... [4,670,000] 5,345,000
24 For the state's share of
25 contributions to the volun-
26 tary defined contribution
27 plan made on behalf of
28 eligible employees pursuant
29 to chapter 18 of the laws
30 of 2012 who elect to partic-
31 ipate in such plan and who
32 are not otherwise eligi-
33 ble to participate in the
34 SUNY optional retirement
35 program .......................... 709,000
36 For the state's contribution
37 to the vision care plan ........... 17,000
38 --------------
39 Project schedule total ...
40 ........... [683,733,000] 705,908,000
41 --------------
42 For payments in accordance with section 19-a
43 of the public lands law (80567) .............. 7,720,000
44 For payment of claims for damage to personal
45 or real property or for bodily injuries or
46 wrongful death caused by officers, employ-
47 ees, or other authorized persons providing
48 service to state government while provid-
49 ing such service, and the state university
50 construction fund while acting within the
51 scope of their employment, and while oper-
52 ating motor vehicles, and for any individ-
53 uals operating motor vehicles which are
54 assigned on a permanent basis with unre-
55 stricted use to state officers and employ-
A. 11165 6
1 ees when the person is permanently
2 assigned the motor vehicle (80559) ............. 178,000
3 --------------
4 § 7. Section 5 of chapter 100 of the laws of 2026, relating to making
5 appropriations for the support of government, as amended by chapter 106
6 of the laws of 2026, is amended to read as follows:
7 § 5. The amounts specified in this section, or so much thereof as
8 shall be sufficient to accomplish the purposes designated, is hereby
9 appropriated and authorized to be paid as hereinafter provided, to the
10 public officers and for the purposes specified, which amount shall be
11 available for the state fiscal year beginning April 1, 2026.
12 JUDICIARY
13 For the purpose of making payments for
14 personal service, including liabilities
15 incurred prior to April 1, 2026, on the
16 payrolls scheduled to be paid during the
17 period April 1 through [April 30] May 4,
18 2026 to officers and employees of the
19 judiciary ................................. 186,000,000
20 For the payment of state operations nonper-
21 sonal service liabilities, the sum of
22 [thirteen million dollars ($13,000,000)]
23 twenty-five million dollars ($25,000,000),
24 or so much thereof as shall be sufficient
25 to accomplish the purpose designated, is
26 hereby appropriated to the judiciary out
27 of any moneys in the general fund or other
28 funds to the credit of the state purposes
29 account not otherwise appropriated. The
30 comptroller is hereby authorized and
31 directed to utilize this appropriation for
32 the purpose of making payments for nonper-
33 sonal service liabilities incurred by the
34 judiciary from April 1 through [April 30]
35 May 4, 2026 .................. [13,000,000] 25,000,000
36 For the payment of aid to localities liabil-
37 ities, the sum of eleven million dollars
38 ($11,000,000), or so much thereof as shall
39 be sufficient to accomplish the purpose
40 designated, is hereby appropriated to the
41 judiciary out of any moneys in the general
42 fund or other funds to the credit of the
43 state purposes account not otherwise
44 appropriated. The comptroller is hereby
45 authorized and directed to utilize this
46 appropriation for the purpose of making
47 payments for aid to localities liabilities
48 incurred by the judiciary from April 1
49 through [April 30] May 4, 2026 .............. 11,000,000
50 For the payment of employee fringe benefit
51 programs including, but not limited to,
52 the judiciary's contributions to the
53 health insurance fund, the employees'
A. 11165 7
1 retirement system pension accumulation
2 fund, the social security contribution
3 fund, employee benefit fund programs, the
4 dental insurance plan, the vision care
5 plan, the unemployment insurance fund, and
6 for workers' compensation benefits, the
7 sum of sixty-two million two hundred fifty
8 thousand dollars ($62,250,000), or so much
9 thereof as shall be sufficient to accom-
10 plish the purpose designated, is hereby
11 appropriated to the judiciary out of any
12 moneys in the general fund or other funds
13 to the credit of the state purposes
14 account not otherwise appropriated. The
15 comptroller is hereby authorized and
16 directed to utilize this appropriation for
17 the purpose of making payments for employ-
18 ee fringe benefit liabilities incurred by
19 the judiciary from April 1 through [April
20 30] May 4, 2026 ............................. 62,250,000
21 --------------
22 § 8. Section 8 of chapter 104 of the laws of 2026, relating to making
23 appropriations for the support of government, is amended to read as
24 follows:
25 § 8. The amounts specified in this section, or so much thereof as
26 shall be sufficient to accomplish the purposes designated, is hereby
27 appropriated and authorized to be paid as hereinafter provided, to the
28 public officers and for the purposes specified, which amount shall be
29 available for the state fiscal year beginning April 1, 2026.
30 EDUCATION DEPARTMENT
31 AID TO LOCALITIES
32 OFFICE OF PREKINDERGARTEN THROUGH GRADE TWELVE EDUCATION
33 PROGRAM ................................ [2,283,000,000] 2,290,000,000
34 --------------
35 General Fund
36 Local Assistance Account - 10000
37 For remaining 2025-26 and prior school year
38 obligations, including aid for such school
39 years payable pursuant to section 3609-d
40 of the education law, provided that
41 notwithstanding any provision of law to
42 the contrary, subject to the approval of
43 the director of the budget, funds appro-
44 priated herein may be interchanged with
45 any other item of appropriation for gener-
46 al support for public schools within the
47 general fund local assistance account
48 office of prekindergarten through grade
49 twelve education program.
A. 11165 8
1 Notwithstanding any other law, rule or regu-
2 lation to the contrary, funds appropriated
3 herein shall be available for payment of
4 financial assistance net of any disallow-
5 ances, refunds, reimbursement and credits,
6 and may be suballocated to other depart-
7 ments and agencies to accomplish the
8 intent of this appropriation subject to
9 the approval of the director of the budg-
10 et. Notwithstanding any provision of law
11 to the contrary, funds appropriated herein
12 shall be available for payment of liabil-
13 ities heretofore accrued or hereafter to
14 accrue (21701) ........................... 2,283,000,000
15 For general support for public schools for
16 the 2026-27 state fiscal year payable
17 pursuant to a chapter of the laws of 2026,
18 provided that, notwithstanding any incon-
19 sistent provision of law, subject to the
20 approval of the director of the budget,
21 funds appropriated herein may be inter-
22 changed with any other item of appropri-
23 ation for general support for public
24 schools within the general fund local
25 assistance account office of prekindergar-
26 ten through grade twelve education program ... 7,000,000
27 --------------
28 § 9. Section 5 of chapter 98 of the laws of 2026, relating to making
29 appropriations for the support of government, as amended by chapter 106
30 of the laws of 2026, is amended to read as follows:
31 § 5. The amounts specified in this section, or so much thereof as
32 shall be sufficient to accomplish the purposes designated, is hereby
33 appropriated and authorized to be paid as hereinafter provided, to the
34 public officers and for the purposes specified, which amount shall be
35 available for the state fiscal year beginning April 1, 2026.
36 DEPARTMENT OF HEALTH
37 AID TO LOCALITIES
38 CENTER FOR COMMUNITY HEALTH PROGRAM .......... [38,030,000] 45,372,000
39 --------------
40 General Fund
41 Local Assistance Account - 10000
42 For services and expenses related to the
43 Indian health program pursuant to a plan
44 prepared by the commissioner of health and
45 approved by the director of the budget.
46 The moneys hereby appropriated shall be
47 for payment of financial assistance here-
48 tofore accrued or hereafter to accrue
49 (26840) ...................... [7,000,000] 10,062,000
50 --------------
A. 11165 9
1 Special Revenue Funds - Federal
2 Federal USDA-Food and Nutrition Services Fund
3 Federal Food and Nutrition Services Account - 25022
4 For various federal food and nutritional
5 services. The moneys hereby appropriated
6 shall be available for payment of finan-
7 cial assistance heretofore accrued (26986)
8 .............................. [31,030,000] 35,310,000
9 --------------
10 CHILD HEALTH INSURANCE PROGRAM ............................. 212,950,000
11 --------------
12 Special Revenue Funds - Other
13 HCRA Resources Fund
14 Children's Health Insurance Account - 20810
15 The money hereby appropriated is available
16 for payment of aid heretofore accrued or
17 hereafter accrued.
18 Notwithstanding any other provision of law,
19 the money hereby appropriated may be
20 increased or decreased by transfer or
21 suballocation to appropriations of the
22 office of temporary and disability assist-
23 ance, for the reimbursement of local
24 district administrative costs related to
25 children newly enrolled in medicaid whose
26 household income is between 100 percent
27 and 133 percent of the federal poverty
28 level.
29 Notwithstanding any provision of law to the
30 contrary, the amounts appropriated herein
31 shall be net of refunds, rebates,
32 reimbursements, credits, repayments,
33 and/or disallowances.
34 For services and expenses related to the
35 children's health insurance program
36 authorized pursuant to title 1-A of arti-
37 cle 25 of the public health law (26931) .... 212,950,000
38 --------------
39 ELDERLY PHARMACEUTICAL INSURANCE COVERAGE PROGRAM ............ 1,800,000
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,
46 including reimbursement to pharmacies
47 participating in such program. The moneys
48 hereby appropriated shall be available for
A. 11165 10
1 payment of financial assistance heretofore
2 accrued (26803) .............................. 1,800,000
3 --------------
4 ESSENTIAL PLAN PROGRAM ................................... 1,150,000,000
5 --------------
6 Special Revenue Funds - Federal
7 Federal Health and Human Services Fund
8 Essential Plan Account - 25186
9 For services and expenses related to the
10 essential plan program, in accordance
11 State Innovation Waiver provisions author-
12 ized by Section 1332 of the federal
13 patient protection and affordable care
14 act.
15 Notwithstanding any inconsistent provision
16 of law, the moneys hereby appropriated may
17 be increased or decreased by interchange
18 or transfer with any appropriation of the
19 department of health or for transfer to
20 Health Research Incorporated (HRI).
21 Notwithstanding any provision of law to the
22 contrary, the amounts appropriated herein
23 shall be net of refunds, rebates,
24 reimbursements, credits, repayments,
25 and/or disallowances.
26 The money hereby appropriated is available
27 for payment of aid heretofore accrued or
28 hereafter accrued (59054) ................ 1,150,000,000
29 --------------
30 MEDICAL ASSISTANCE PROGRAM ............................... 8,449,731,000
31 --------------
32 General Fund
33 Local Assistance Account - 10000
34 For the medical assistance program, includ-
35 ing administrative expenses, for local
36 social services districts, and for medical
37 care rates for authorized child care agen-
38 cies.
39 Notwithstanding section 40 of the state
40 finance law or any provision of law to the
41 contrary, subject to federal approval,
42 department of health state funds medicaid
43 spending, excluding payments for medical
44 services provided at state facilities
45 operated by the office of mental health,
46 the office for people with developmental
47 disabilities and the office of addiction
48 services and supports and further exclud-
49 ing any payments which are not appropri-
50 ated within the department of health, in
A. 11165 11
1 the aggregate, for the period April 1,
2 2026 through March 31, 2027, shall not
3 exceed $36,099,200,000 except as provided
4 below provided, however, such aggregate
5 limits may be adjusted by the director of
6 the budget to account for any changes in
7 the New York state federal medical assist-
8 ance percentage amount established pursu-
9 ant to the federal social security act,
10 increases in provider revenues, reductions
11 in local social services district payments
12 for medical assistance administration,
13 minimum wage increases, and beginning
14 April 1, 2012 the operational costs of the
15 New York state medical indemnity fund,
16 pursuant to chapter 59 of the laws of
17 2011, and state costs or savings from the
18 essential plan program. Such projections
19 may be adjusted by the director of the
20 budget to account for increased or expe-
21 dited department of health state funds
22 medicaid expenditures as a result of a
23 natural or other type of disaster, includ-
24 ing a governmental declaration of emergen-
25 cy.
26 The director of the budget, in consultation
27 with the commissioner of health, shall
28 assess on a quarterly basis known and
29 projected medicaid expenditures by catego-
30 ry of service and by geographic region, as
31 defined by the commissioner, incurred both
32 prior to and subsequent to such assessment
33 for each such period, and if the director
34 of the budget determines that such expend-
35 itures are expected to cause medicaid
36 spending for such period to exceed the
37 aggregate limit specified herein for such
38 period, the state medicaid director, in
39 consultation with the director of the
40 budget and the commissioner of health,
41 shall develop a medicaid savings allo-
42 cation adjustment to limit such spending
43 to the aggregate limit specified herein
44 for such period.
45 Such medicaid savings allocation adjustment
46 shall be designed, to reduce the expendi-
47 tures authorized by the appropriations
48 herein in compliance with the following
49 guidelines: (1) reductions shall be made
50 in compliance with applicable federal law,
51 including the provisions of the Patient
52 Protection and Affordable Care Act, Public
53 Law No. 111-148, and the Health Care and
54 Education Reconciliation Act of 2010,
55 Public Law No. 111-152 (collectively
56 "Affordable Care Act") and any subsequent
A. 11165 12
1 amendments thereto or regulations promul-
2 gated thereunder; (2) reductions shall be
3 made in a manner that complies with the
4 state medicaid plan approved by the feder-
5 al centers for medicare and medicaid
6 services, provided, however, that the
7 commissioner of health is authorized to
8 submit any state plan amendment or seek
9 other federal approval, including waiver
10 authority, to implement the provisions of
11 the medicaid savings allocation adjustment
12 that meets the other criteria set forth
13 herein; (3) reductions shall be made in a
14 manner that maximizes federal financial
15 participation, to the extent practicable,
16 including any federal financial partic-
17 ipation that is available or is reasonably
18 expected to become available, in the
19 discretion of the commissioner, under the
20 Affordable Care Act; (4) reductions shall
21 be made uniformly among categories of
22 services and geographic regions of the
23 state, to the extent practicable, and
24 shall be made uniformly within a category
25 of service, to the extent practicable,
26 except where the commissioner determines
27 that there are sufficient grounds for
28 non-uniformity, including but not limited
29 to: the extent to which specific catego-
30 ries of services contributed to department
31 of health medicaid state funds spending in
32 excess of the limits specified herein; the
33 need to maintain safety net services in
34 underserved communities; or the potential
35 benefits of pursuing innovative payment
36 models contemplated by the Affordable Care
37 Act, in which case such grounds shall be
38 set forth in the medicaid savings allo-
39 cation adjustment; and (5) reductions
40 shall be made in a manner that does not
41 unnecessarily create administrative
42 burdens to medicaid applicants and recipi-
43 ents or providers.
44 The commissioner shall seek the input of the
45 legislature, as well as organizations
46 representing health care providers,
47 consumers, businesses, workers, health
48 insurers, and others with relevant exper-
49 tise, in developing such medicaid savings
50 allocation adjustment, to the extent that
51 all or part of such adjustment, in the
52 discretion of the commissioner, is likely
53 to have a material impact on the overall
54 medicaid program, particular categories of
55 service or particular geographic regions
56 of the state.
A. 11165 13
1 (a) The commissioner shall post the medicaid
2 savings allocation adjustment on the
3 department of health's website and shall
4 provide written copies of such adjustment
5 to the chairs of the senate finance and
6 the assembly ways and means committees at
7 least 30 days before the date on which
8 implementation is expected to begin.
9 (b) The commissioner may revise the medicaid
10 savings allocation adjustment subsequent
11 to the provisions of notice and prior to
12 implementation but needs to provide a new
13 notice pursuant to subparagraph (i) of
14 this paragraph only if the commissioner
15 determines, in his or her discretion, that
16 such revisions materially alter the
17 adjustment.
18 Notwithstanding the provisions of paragraphs
19 (a) and (b) of this subdivision, the
20 commissioner need not seek the input
21 described in paragraph (a) of this subdi-
22 vision or provide notice pursuant to para-
23 graph (b) of this subdivision if, in the
24 discretion of the commissioner, expedited
25 development and implementation of a medi-
26 caid savings allocation adjustment is
27 necessary due to a public health emergen-
28 cy.
29 For purposes of this section, a public
30 health emergency is defined as: (i) a
31 disaster, natural or otherwise, that
32 significantly increases the immediate need
33 for health care personnel in an area of
34 the state; (ii) an event or condition that
35 creates a widespread risk of exposure to a
36 serious communicable disease, or the
37 potential for such widespread risk of
38 exposure; or (iii) any other event or
39 condition determined by the commissioner
40 to constitute an imminent threat to public
41 health.
42 Nothing in this paragraph shall be deemed to
43 prevent all or part of such medicaid
44 savings allocation adjustment from taking
45 effect retroactively to the extent permit-
46 ted by the federal centers for medicare
47 and medicaid services.
48 In accordance with the medicaid savings
49 allocation adjustment, the commissioner of
50 the department of health shall reduce
51 department of health state funds medicaid
52 spending by the amount of the projected
53 overspending through, actions including,
54 but not limited to modifying or suspending
55 reimbursement methods, including but not
56 limited to all fees, premium levels and
A. 11165 14
1 rates of payment, notwithstanding any
2 provision of law that sets a specific
3 amount or methodology for any such
4 payments or rates of payment; modifying or
5 discontinuing medicaid program benefits;
6 seeking all necessary federal approvals,
7 including, but not limited to waivers,
8 waiver amendments; and suspending time
9 frames for notice, approval or certif-
10 ication of rate requirements, notwith-
11 standing any provision of law, rule or
12 regulation to the contrary, including but
13 not limited to sections 2807 and 3614 of
14 the public health law, section 18 of chap-
15 ter 2 of the laws of 1988, and 18 NYCRR
16 505.14(h).
17 The department of health shall prepare a
18 quarterly report that sets forth: (a)
19 known and projected department of health
20 medicaid expenditures as described in
21 subdivision (1) of this section, and
22 factors that could result in medicaid
23 disbursements for the relevant state
24 fiscal year to exceed the projected
25 department of health state funds disburse-
26 ments in the enacted budget financial plan
27 pursuant to subdivision 3 of section 23 of
28 the state finance law, including spending
29 increases or decreases due to: enrollment
30 fluctuations, rate changes, utilization
31 changes, MRT investments, and shift of
32 beneficiaries to managed care; and vari-
33 ations in offline medicaid payments; and
34 (b) the actions taken to implement any
35 medicaid savings allocation adjustment
36 implemented pursuant to subdivision (4) of
37 this section, including information
38 concerning the impact of such actions on
39 each category of service and each
40 geographic region of the state. Each such
41 quarterly report shall be provided to the
42 chairs of the senate finance and the
43 assembly ways and means committees and
44 shall be posted on the department of
45 health's website in a timely manner.
46 The money hereby appropriated is to be
47 available for payment of aid heretofore
48 accrued or hereafter accrued to munici-
49 palities, and to providers of medical
50 services pursuant to section 367-b of the
51 social services law, and for payment of
52 state aid to municipalities and to provid-
53 ers of family care where payment systems
54 through the fiscal intermediaries are not
55 operational.
A. 11165 15
1 Notwithstanding any inconsistent provision
2 of law to the contrary, funds may be used
3 by the department for outside legal
4 assistance on issues involving the federal
5 government, the conduct of preadmission
6 screening and annual resident reviews
7 required by the state's medicaid program,
8 computer matching with insurance carriers
9 to insure that medicaid is the payer of
10 last resort and activities related to the
11 management of the pharmacy benefit avail-
12 able under the medicaid program.
13 Notwithstanding any inconsistent provision
14 of law, in lieu of payments authorized by
15 the social services law, or payments of
16 federal funds otherwise due to the local
17 social services districts for programs
18 provided under the federal social security
19 act or the federal food stamp act, funds
20 herein appropriated, in amounts certified
21 by the state commissioner of temporary and
22 disability assistance or the state commis-
23 sioner of health as due from local social
24 services districts each month as their
25 share of payments made pursuant to section
26 367-b of the social services law may be
27 set aside by the state comptroller in an
28 interest-bearing account in order to
29 ensure the orderly and prompt payment of
30 providers under section 367-b of the
31 social services law pursuant to an esti-
32 mate provided by the commissioner of
33 health of each local social services
34 district's share of payments made pursuant
35 to section 367-b of the social services
36 law.
37 Notwithstanding any inconsistent provision
38 of law, funding made available by these
39 appropriations shall support direct salary
40 costs and related fringe benefits within
41 the medical assistance program associated
42 with any minimum wage increase that takes
43 effect during the timeframe of these
44 appropriations, pursuant to section 652 of
45 the labor law. Each eligible organization
46 in receipt of funding made available by
47 these appropriations may be required to
48 submit written certification, in such form
49 and at such time the commissioner may
50 prescribe, attesting to the total amount
51 of funds used by the eligible organiza-
52 tion, how such funding will be or was used
53 for purposes eligible under these appro-
54 priations and any other reporting deemed
55 necessary by the commissioner. The amounts
56 appropriated herein may include advances
A. 11165 16
1 to organizations authorized to receive
2 such funds to accomplish this purpose.
3 Notwithstanding any other provision of law,
4 the money hereby appropriated may be
5 increased or decreased by interchange or
6 transfer, with any appropriation of the
7 department of health and the office of
8 medicaid inspector general and may be
9 increased or decreased by transfer or
10 suballocation between these appropriated
11 amounts and appropriations of the depart-
12 ment of health state purpose account, the
13 office of mental health, office for people
14 with developmental disabilities, the
15 office of addiction services and supports,
16 the department of family assistance office
17 of temporary and disability assistance,
18 the department of corrections and communi-
19 ty supervision, the office of information
20 technology services, the state university
21 of New York, and office of children and
22 family services, the office of medicaid
23 inspector general, the state education
24 department, and the state office for the
25 aging with the approval of the director of
26 the budget, who shall file such approval
27 with the department of audit and control
28 and copies thereof with the chairman of
29 the senate finance committee and the
30 chairman of the assembly ways and means
31 committee.
32 Notwithstanding any inconsistent provision
33 of law to the contrary, the moneys hereby
34 appropriated may be used for payments to
35 the centers for medicaid and medicare
36 services for obligations incurred related
37 to the pharmaceutical costs of dually
38 eligible medicare/medicaid beneficiaries
39 participating in the medicare drug benefit
40 authorized by P.L. 108-173.
41 Notwithstanding any inconsistent provision
42 of law, the moneys hereby appropriated
43 shall not be used for any existing rates,
44 fees, fee schedule, or procedures which
45 may affect the cost of care and services
46 provided by personal care providers, case
47 managers, health maintenance organiza-
48 tions, out of state medical facilities
49 which provide care and services to resi-
50 dents of the state, providers of transpor-
51 tation services, that are altered,
52 amended, adjusted or otherwise changed by
53 a local social services district unless
54 previously approved by the department of
55 health and the director of the budget.
A. 11165 17
1 Notwithstanding any inconsistent provision
2 of law to the contrary, funds shall be
3 made available to the commissioner of the
4 office of mental health or the commission-
5 er of the office of addiction services and
6 supports, in consultation with the commis-
7 sioner of health and approved by the
8 director of the budget, and consistent
9 with appropriations made therefor, to
10 implement allocation adjustment developed
11 by each such commissioner which shall
12 describe mental health or substance use
13 disorder services that should be developed
14 to meet service needs resulting from the
15 reduction of inpatient behavioral health
16 services provided under the medicaid
17 program, by programs licensed pursuant to
18 article 31 or 32 of the mental hygiene
19 law. Such programs may include programs
20 that are licensed pursuant to both article
21 31 of the mental hygiene law and article
22 28 of the public health law, or certified
23 under both article 32 of the mental
24 hygiene law and article 28 of the public
25 health law.
26 Notwithstanding any inconsistent provision
27 of law, the moneys hereby appropriated may
28 be available for payments associated with
29 the resolution by settlement agreement or
30 judgment of rate appeals and/or litigation
31 where the department of health is a party.
32 For services and expenses of the medical
33 assistance program including hospital
34 inpatient services and general hospitals
35 that are safety-net providers that evince
36 severe financial distress, pursuant to
37 criteria determined by the commissioner,
38 shall be eligible for awards for amounts
39 appropriated herein, to enable such
40 providers to maintain operations and vital
41 services while establishing long term
42 solutions to achieve sustainable health
43 services.
44 Notwithstanding any inconsistent provisions
45 of law, no expenditures shall be used for
46 the medical assistance program for any
47 expenses not explicitly authorized in law
48 without the approval of the director of
49 the budget.
50 Notwithstanding any provision of law to the
51 contrary, the portion of this appropri-
52 ation covering fiscal year 2026-27 shall
53 supersede and replace any duplicative (i)
54 reappropriation for this item covering
55 fiscal year 2026-27, and (ii) appropri-
56 ation for this item covering fiscal year
A. 11165 18
1 2026-27 set forth in chapter 53 of the
2 laws of 2025 (26947) ....................... 121,190,000
3 For services and expenses of the medical
4 assistance program including hospital
5 outpatient and emergency room services.
6 Notwithstanding any provision of law to the
7 contrary, the portion of this appropri-
8 ation covering fiscal year 2026-27 shall
9 supersede and replace any duplicative (i)
10 reappropriation for this item covering
11 fiscal year 2026-27, and (ii) appropri-
12 ation for this item covering fiscal year
13 2026-27 set forth in chapter 53 of the
14 laws of 2025 (26948) ........................ 36,245,000
15 For services and expenses of the medical
16 assistance program including clinic
17 services.
18 Notwithstanding any provision of law to the
19 contrary, the portion of this appropri-
20 ation covering fiscal year 2026-27 shall
21 supersede and replace any duplicative (i)
22 reappropriation for this item covering
23 fiscal year 2026-27, and (ii) appropri-
24 ation for this item covering fiscal year
25 2026-27 set forth in chapter 53 of the
26 laws of 2025 (26949) ........................ 70,990,000
27 For services and expenses of the medical
28 assistance program including nursing home
29 services.
30 Notwithstanding any provision of law to the
31 contrary, the portion of this appropri-
32 ation covering fiscal year 2026-27 shall
33 supersede and replace any duplicative (i)
34 reappropriation for this item covering
35 fiscal year 2026-27, and (ii) appropri-
36 ation for this item covering fiscal year
37 2026-27 set forth in chapter 53 of the
38 laws of 2025 (26950) ....................... 178,425,000
39 For services and expenses of the medical
40 assistance program including other long
41 term care services.
42 Notwithstanding any provision of law to the
43 contrary, the portion of this appropri-
44 ation covering fiscal year 2026-27 shall
45 supersede and replace any duplicative (i)
46 reappropriation for this item covering
47 fiscal year 2026-27, and (ii) appropri-
48 ation for this item covering fiscal year
49 2026-27 set forth in chapter 53 of the
50 laws of 2025 (26951) ....................... 849,930,000
51 For services and expenses of the medical
52 assistance program including managed care
53 services including regional planning
54 activities of the finger lakes health
55 systems agency, including statewide coor-
56 dination and demonstration of best prac-
A. 11165 19
1 tices. The department shall make grants
2 within amounts appropriated therefor, to
3 assure high-quality and accessible primary
4 care, to provide technical assistance to
5 support financial and business planning
6 for integrated systems of care, and to
7 assist primary care providers in the
8 adoption, implementation, and meaningful
9 use of electronic health record technolo-
10 gy.
11 Notwithstanding any provision of law to the
12 contrary, the portion of this appropri-
13 ation covering fiscal year 2026-27 shall
14 supersede and replace any duplicative (i)
15 reappropriation for this item covering
16 fiscal year 2026-27, and (ii) appropri-
17 ation for this item covering fiscal year
18 2026-27 set forth in chapter 53 of the
19 laws of 2025 (26952) ....................... 778,550,000
20 For services and expenses for health homes
21 including grants to health homes.
22 Notwithstanding any provision of law to the
23 contrary, the portion of this appropri-
24 ation covering fiscal year 2026-27 shall
25 supersede and replace any duplicative (i)
26 reappropriation for this item covering
27 fiscal year 2026-27, and (ii) appropri-
28 ation for this item covering fiscal year
29 2026-27 set forth in chapter 53 of the
30 laws of 2025 (29548) ........................ 18,850,000
31 For services and expenses of the medical
32 assistance program including pharmacy
33 services provided, however, that no funds
34 shall be made available pursuant to this
35 appropriation for any drug not explicitly
36 authorized in any enacted law, rule, or
37 regulation without approval from the
38 director of the budget.
39 Notwithstanding any provision of law to the
40 contrary, the portion of this appropri-
41 ation covering fiscal year 2026-27 shall
42 supersede and replace any duplicative (i)
43 reappropriation for this item covering
44 fiscal year 2026-27, and (ii) appropri-
45 ation for this item covering fiscal year
46 2026-27 set forth in chapter 53 of the
47 laws of 2025 (26953) ....................... 359,630,000
48 For services and expenses of the medical
49 assistance program including transporta-
50 tion 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. 11165 20
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 (26954) ........................ 51,660,000
5 For services and expenses of the medical
6 assistance program including dental
7 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 (26955) ........................... 395,000
17 For services and expenses of the medical
18 assistance program including non-institu-
19 tional and other spending.
20 The money hereby appropriated is available
21 for payment of liabilities heretofore
22 accrued or hereafter accrued.
23 Notwithstanding any inconsistent provision
24 of law, the money hereby appropriated may
25 be available for payments to any county or
26 public school districts associated with
27 additional claims for school supportive
28 health services.
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 (26956) ....................... 103,020,000
38 For services and expenses of the medical
39 assistance program including medical
40 services provided at state facilities
41 operated by the office of mental health,
42 the office for people with developmental
43 disabilities and the office of addiction
44 services and supports.
45 Notwithstanding any provision of law to the
46 contrary, the portion of this appropri-
47 ation covering fiscal year 2026-27 shall
48 supersede and replace any duplicative (i)
49 reappropriation for this item covering
50 fiscal year 2026-27, and (ii) appropri-
51 ation for this item covering fiscal year
52 2026-27 set forth in chapter 53 of the
53 laws of 2025 (26961) ....................... 480,770,000
54 --------------
55 Special Revenue Funds - Federal
A. 11165 21
1 Federal Health and Human Services Fund
2 Medicaid Direct Account - 25106
3 For services and expenses for the medical
4 assistance program, including administra-
5 tive expenses for local social services
6 districts, pursuant to title XIX of the
7 federal social security act or its succes-
8 sor program.
9 The moneys hereby appropriated are to be
10 available for payment of aid heretofore
11 accrued or hereafter accrued to munici-
12 palities, and to providers of medical
13 services pursuant to section 367-b of the
14 social services law, and for payment of
15 state aid to municipalities and to provid-
16 ers of family care where payment systems
17 through the fiscal intermediaries are not
18 operational.
19 Notwithstanding any inconsistent provision
20 of law, funding made available by these
21 appropriations shall support direct salary
22 costs and related fringe benefits within
23 the medical assistance program associated
24 with any minimum wage increase that takes
25 effect during the timeframe of these
26 appropriations, pursuant to section 652 of
27 the labor law. Each eligible organization
28 in receipt of funding made available by
29 these appropriations may be required to
30 submit written certification, in such form
31 and at such time the commissioner may
32 prescribe, attesting to the total amount
33 of funds used by the eligible organiza-
34 tion, how such funding will be or was used
35 for purposes eligible under these appro-
36 priations and any other reporting deemed
37 necessary by the commissioner. The amounts
38 appropriated herein may include advances
39 to organizations authorized to receive
40 such funds to accomplish this purpose.
41 Notwithstanding any other provision of law,
42 the money hereby appropriated may be
43 increased or decreased by interchange or
44 transfer, with any appropriation of the
45 department of health and the office of
46 medicaid inspector general and may be
47 increased or decreased by transfer or
48 suballocation between these appropriated
49 amounts and appropriations of the office
50 of mental health, office for people with
51 developmental disabilities, the office of
52 addiction services and supports, the
53 department of family assistance office of
54 temporary and disability assistance,
55 office of children and family services,
A. 11165 22
1 the department of financial services,
2 department of corrections and community
3 supervision, the office of information
4 technology services, the state university
5 of New York, the state education depart-
6 ment, and the state office for the aging
7 with the approval of the director of the
8 budget, who shall file such approval with
9 the department of audit and control and
10 copies thereof with the chairman of the
11 senate finance committee and the chairman
12 of the assembly ways and means committee.
13 Notwithstanding any inconsistent provision
14 of law, in lieu of payments authorized by
15 the social services law, or payments of
16 federal funds otherwise due to the local
17 social services districts for programs
18 provided under the federal social security
19 act or the federal food stamp act, funds
20 herein appropriated, in amounts certified
21 by the state commissioner of temporary and
22 disability assistance or the state commis-
23 sioner of health as due from local social
24 services districts each month as their
25 share of payments made pursuant to section
26 367-b of the social services law may be
27 set aside by the state comptroller in an
28 interest-bearing account in order to
29 ensure the orderly and prompt payment of
30 providers under section 367-b of the
31 social services law pursuant to an esti-
32 mate provided by the commissioner of
33 health of each local social services
34 district's share of payments made pursuant
35 to section 367-b of the social services
36 law.
37 Notwithstanding any inconsistent provision
38 of law to the contrary, funds shall be
39 made available to the commissioner of the
40 office of mental health or the commission-
41 er of the office of addiction services and
42 supports, in consultation with the commis-
43 sioner of health and approved by the
44 director of the budget, and consistent
45 with appropriations made therefor, to
46 implement allocation adjustment developed
47 by each such commissioner which shall
48 describe mental health or substance use
49 disorder services that should be developed
50 to meet service needs resulting from the
51 reduction of inpatient behavioral health
52 services provided under the medicaid
53 program, by programs licensed pursuant to
54 article 31 or 32 of the mental hygiene
55 law. Such programs may include programs
56 that are licensed pursuant to both article
A. 11165 23
1 31 of the mental hygiene law and article
2 28 of the public health law, or certified
3 under both article 32 of the mental
4 hygiene law and article 28 of the public
5 health law.
6 Notwithstanding any inconsistent provision
7 of law, the moneys hereby appropriated may
8 be available for payments associated with
9 the resolution by settlement agreement or
10 judgment of rate appeals and/or litigation
11 where the department of health is a party.
12 Notwithstanding any inconsistent provisions
13 of law, no expenditures shall be used for
14 the medical assistance program for any
15 expenses not explicitly authorized in law
16 without the approval of the director of
17 the budget.
18 For services and expenses of the medical
19 assistance program including hospital
20 inpatient services.
21 Notwithstanding any provision of law to the
22 contrary, the portion of this appropri-
23 ation covering fiscal year 2026-27 shall
24 supersede and replace any duplicative (i)
25 reappropriation for this item covering
26 fiscal year 2026-27, and (ii) appropri-
27 ation for this item covering fiscal year
28 2026-27 set forth in chapter 53 of the
29 laws of 2025 (26947) ....................... 303,540,000
30 For services and expenses of the medical
31 assistance program including hospital
32 outpatient and emergency room services.
33 Notwithstanding any provision of law to the
34 contrary, the portion of this appropri-
35 ation covering fiscal year 2026-27 shall
36 supersede and replace any duplicative (i)
37 reappropriation for this item covering
38 fiscal year 2026-27, and (ii) appropri-
39 ation for this item covering fiscal year
40 2026-27 set forth in chapter 53 of the
41 laws of 2025 (26948) ........................ 54,096,000
42 For services and expenses of the medical
43 assistance program including clinic
44 services.
45 Notwithstanding any provision of law to the
46 contrary, the portion of this appropri-
47 ation covering fiscal year 2026-27 shall
48 supersede and replace any duplicative (i)
49 reappropriation for this item covering
50 fiscal year 2026-27, and (ii) appropri-
51 ation for this item covering fiscal year
52 2026-27 set forth in chapter 53 of the
53 laws of 2025 (26949) ........................ 87,588,000
54 For services and expenses of the medical
55 assistance program including nursing home
56 services.
A. 11165 24
1 Notwithstanding any provision of law to the
2 contrary, the portion of this appropri-
3 ation covering fiscal year 2026-27 shall
4 supersede and replace any duplicative (i)
5 reappropriation for this item covering
6 fiscal year 2026-27, and (ii) appropri-
7 ation for this item covering fiscal year
8 2026-27 set forth in chapter 53 of the
9 laws of 2025 (26950) ....................... 450,960,000
10 For services and expenses of the medical
11 assistance program including other long
12 term care services.
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 (26951) ..................... 1,286,436,000
22 For services and expenses of the medical
23 assistance program including managed care
24 services including regional planning
25 activities of the finger lakes health
26 systems agency, including statewide coor-
27 dination and demonstration of best prac-
28 tices. The department shall make grants
29 within amounts appropriated therefor, to
30 assure high-quality and accessible primary
31 care, to provide technical assistance to
32 support financial and business planning
33 for integrated systems of care, and to
34 assist primary care providers in the
35 adoption, implementation, and meaningful
36 use of electronic health record technolo-
37 gy.
38 Notwithstanding any inconsistent provision
39 of law, rule, or regulation to the contra-
40 ry, funds appropriated herein shall not be
41 subject to article 6 of the financial
42 services law.
43 Notwithstanding any inconsistent provision
44 of law, rule, or regulation to the contra-
45 ry, funds appropriated herein shall only
46 be made available for applied behavior
47 analysis services if such services are
48 recommended by a health care or mental
49 health care practitioner authorized under
50 title eight of the education law who has
51 been designated as an applied behavior
52 analysis center of excellence provider by
53 the commissioner of health.
54 Notwithstanding any provision of law to the
55 contrary, the portion of this appropri-
56 ation covering fiscal year 2026-27 shall
A. 11165 25
1 supersede and replace any duplicative (i)
2 reappropriation for this item covering
3 fiscal year 2026-27, and (ii) appropri-
4 ation for this item covering fiscal year
5 2026-27 set forth in chapter 53 of the
6 laws of 2025 (26952) ..................... 1,569,872,000
7 For services and expenses of the medical
8 assistance program including pharmacy
9 services, provided, however, that no funds
10 shall be made available pursuant to this
11 appropriation for any drug not explicitly
12 authorized in any heretofore enacted law,
13 rule, or regulation without approval from
14 the director of the budget.
15 Notwithstanding any provision of law to the
16 contrary, the portion of this appropri-
17 ation covering fiscal year 2026-27 shall
18 supersede and replace any duplicative (i)
19 reappropriation for this item covering
20 fiscal year 2026-27, and (ii) appropri-
21 ation for this item covering fiscal year
22 2026-27 set forth in chapter 53 of the
23 laws of 2025 (26953) ....................... 472,876,000
24 For services and expenses of the medical
25 assistance program including transporta-
26 tion services.
27 Notwithstanding any provision of law to the
28 contrary, the portion of this appropri-
29 ation covering fiscal year 2026-27 shall
30 supersede and replace any duplicative (i)
31 reappropriation for this item covering
32 fiscal year 2026-27, and (ii) appropri-
33 ation for this item covering fiscal year
34 2026-27 set forth in chapter 53 of the
35 laws of 2025 (26954) ........................ 63,528,000
36 For services and expenses of the medical
37 assistance program including dental
38 services.
39 Notwithstanding any provision of law to the
40 contrary, the portion of this appropri-
41 ation covering fiscal year 2026-27 shall
42 supersede and replace any duplicative (i)
43 reappropriation for this item covering
44 fiscal year 2026-27, and (ii) appropri-
45 ation for this item covering fiscal year
46 2026-27 set forth in chapter 53 of the
47 laws of 2025 (26955) ......................... 7,344,000
48 For services and expenses of the medical
49 assistance program including noninstitu-
50 tional and other spending.
51 The money hereby appropriated is available
52 for payment of liabilities heretofore
53 accrued or hereafter accrued.
54 Notwithstanding any provision of law to the
55 contrary, the portion of this appropri-
56 ation covering fiscal year 2026-27 shall
A. 11165 26
1 supersede and replace any duplicative (i)
2 reappropriation for this item covering
3 fiscal year 2026-27, and (ii) appropri-
4 ation for this item covering fiscal year
5 2026-27 set forth in chapter 53 of the
6 laws of 2025 (26956) ....................... 719,220,000
7 Notwithstanding any inconsistent provision
8 of law, subject to the approval of the
9 director of the budget, upon submission of
10 an allocation adjustment from the commis-
11 sioner of health, the amount appropriated
12 herein, together with any available feder-
13 al matching funds, may be transferred or
14 suballocated to the office of mental
15 health, office of addiction services and
16 supports, office for people with develop-
17 mental disabilities, division of housing
18 and community renewal, New York state
19 housing trust fund corporation, and office
20 of temporary and disability assistance for
21 services and expenses related to providing
22 affordable housing. Any such spending
23 shall consider the geographical location
24 of the grants.
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 (29521) ....................... 384,616,000
34 --------------
35 § 10. Section 6 of chapter 98 of the laws of 2026, relating to making
36 appropriations for the support of government, as amended by chapter 106
37 of the laws of 2026, is amended to read as follows:
38 § 6. The amounts specified in this section, or so much thereof as
39 shall be sufficient to accomplish the purposes designated, is hereby
40 appropriated and authorized to be paid as hereinafter provided, to the
41 public officers and for the purposes specified, which amount shall be
42 available for the state fiscal year beginning April 1, 2026.
43 DEPARTMENT OF LABOR
44 AID TO LOCALITIES
45 UNEMPLOYMENT INSURANCE BENEFIT PROGRAM ..... [990,000,000] 1,020,000,000
46 --------------
47 Enterprise Funds
48 Unemployment Insurance Benefit Fund
49 Unemployment Insurance Benefit Account - 50650
A. 11165 27
1 For payment of unemployment insurance bene-
2 fits pursuant to article 18 of the labor
3 law or as authorized by the federal
4 government through the disaster unemploy-
5 ment assistance program, the emergency
6 unemployment compensation program, the
7 extended benefit program, the federal
8 additional compensation program or any
9 other federally funded unemployment bene-
10 fit program (34787) ........ [990,000,000] 1,020,000,000
11 --------------
12 § 11. Section 7 of chapter 98 of the laws of 2026, relating to making
13 appropriations for the support of government, as amended by chapter 106
14 of the laws of 2026, is amended to read as follows:
15 § 7. The amounts specified in this section, or so much thereof as
16 shall be sufficient to accomplish the purposes designated, is hereby
17 appropriated and authorized to be paid as hereinafter provided, to the
18 public officers and for the purposes specified, which amount shall be
19 available for the state fiscal year beginning April 1, 2026.
20 DEPARTMENT OF MENTAL HYGIENE
21 OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES
22 AID TO LOCALITIES
23 COMMUNITY SERVICES PROGRAM .................. [608,823,000] 615,555,000
24 --------------
25 General Fund
26 Local Assistance Account - 10000
27 For services and expenses of the community
28 services program, net of disallowances,
29 for community programs for people with
30 developmental disabilities pursuant to
31 article 41 of the mental hygiene law,
32 and/or chapter 620 of the laws of 1974,
33 chapter 660 of the laws of 1977, chapter
34 412 of the laws of 1981, chapter 27 of the
35 laws of 1987, chapter 729 of the laws of
36 1989, chapter 329 of the laws of 1993 and
37 other provisions of the mental hygiene
38 law. Notwithstanding any inconsistent
39 provision of law, the following appropri-
40 ation shall be net of prior and/or current
41 year refunds, rebates, reimbursements, and
42 credits.
43 Notwithstanding any other provision of law,
44 advances and reimbursement made pursuant
45 to subdivision (d) of section 41.15 and
46 section 41.18 of the mental hygiene law
47 shall be allocated pursuant to a plan and
48 in a manner prescribed by the agency head
49 and approved by the director of the budg-
A. 11165 28
1 et. The moneys hereby appropriated are
2 available to reimburse or advance locali-
3 ties and voluntary non-profit agencies for
4 expenditures made during local fiscal
5 periods commencing January 1, 2026, April
6 1, 2026 or July 1, 2026, and for advances
7 for the 3 month period beginning January
8 1, 2027.
9 Notwithstanding the provisions of article 41
10 of the mental hygiene law or any other
11 inconsistent provision of law, rule or
12 regulation, the commissioner, pursuant to
13 such contract and in the manner provided
14 therein, may pay all or a portion of the
15 expenses incurred by such voluntary agen-
16 cies arising out of loans which are funded
17 from the proceeds of bonds and notes
18 issued by the dormitory authority of the
19 state of New York.
20 Notwithstanding any other provision of law,
21 the money hereby appropriated may be
22 transferred to state operations and/or any
23 appropriation of the office for people
24 with developmental disabilities with the
25 approval of the director of the budget.
26 Notwithstanding any inconsistent provision
27 of law, moneys from this appropriation may
28 be used for state aid of up to 100 percent
29 of the net deficit costs of day training
30 programs and family support services.
31 Notwithstanding the provisions of section
32 16.23 of the mental hygiene law and any
33 other inconsistent provision of law, with
34 relation to the operation of certified
35 family care homes, including family care
36 homes sponsored by voluntary not-for-pro-
37 fit agencies, moneys from this appropri-
38 ation may be used for payments to purchase
39 general services including but not limited
40 to respite providers, up to a maximum of
41 14 days, at rates to be established by the
42 commissioner and approved by the director
43 of the budget in consideration of factors
44 including, but not limited to, geographic
45 area and number of clients cared for in
46 the home and for payment in an amount
47 determined by the commissioner for the
48 personal needs of each client residing in
49 the family care home.
50 Notwithstanding the provisions of subdivi-
51 sion 12 of section 8 of the state finance
52 law and any other inconsistent provision
53 of law, moneys from this appropriation may
54 be used for expenses of family care homes
55 including payments to operators of certi-
56 fied family care homes for damages caused
A. 11165 29
1 by clients to personal and real property
2 in accordance with standards established
3 by the commissioner and approved by the
4 director of the budget.
5 Notwithstanding any inconsistent provision
6 of law, moneys from this appropriation may
7 be used for appropriate day program
8 services and residential services includ-
9 ing, but not limited to, direct housing
10 subsidies to individuals, start-up
11 expenses for family care providers, envi-
12 ronmental modifications, adaptive technol-
13 ogies, appraisals, property options,
14 feasibility studies and preoperational
15 expenses.
16 Notwithstanding any inconsistent provision
17 of law except pursuant to a chapter of the
18 laws of 2025 authorizing a 2.6 percent
19 targeted inflationary increase, for the
20 period commencing on April 1, 2025 and
21 ending March 31, 2026 the commissioner
22 shall not apply any other inflationary
23 increases, cost of living type increases,
24 inflation factors, or trend factors for
25 the purpose of establishing rates of
26 payments, contracts or any other form of
27 reimbursement; provided that this shall
28 not prevent the commissioner from applying
29 prior adjustments for the purpose of
30 establishing rates resulting from a rebas-
31 ing of base year costs.
32 Notwithstanding section 6908 of the educa-
33 tion law and any other provision of law,
34 rule or regulation to the contrary, direct
35 support staff in programs certified or
36 approved by the office for people with
37 developmental disabilities, including the
38 home and community based services waiver
39 programs that the office for people with
40 developmental disabilities is authorized
41 to administer with federal approval pursu-
42 ant to subdivision (c) of section 1915 of
43 the federal social security act, are
44 authorized to provide such tasks as OPWDD
45 may specify when performed under the
46 supervision, training and periodic
47 inspection of a registered professional
48 nurse and in accordance with an authorized
49 practitioner's ordered care.
50 Notwithstanding any other provision of law
51 to the contrary, and consistent with
52 section 33.07 of the mental hygiene law,
53 the directors of facilities licensed but
54 not operated by the office for people with
55 developmental disabilities who act as
56 federally-appointed representative payees
A. 11165 30
1 and who assume management responsibility
2 over the funds of a resident may continue
3 to use such funds for the cost of the
4 resident's care and treatment, consistent
5 with federal law and regulations.
6 Funds appropriated herein shall be available
7 in accordance with the following:
8 Notwithstanding any inconsistent provision
9 of law, the director of the budget is
10 authorized to make suballocations from
11 this appropriation to the department of
12 health medical assistance program.
13 Notwithstanding any inconsistent provision
14 of law, and pursuant to criteria estab-
15 lished by the commissioner of the office
16 for people with developmental disabilities
17 and approved by the director of the budg-
18 et, expenditures may be made from this
19 appropriation for residential facilities
20 which are pending recertification as
21 intermediate care facilities for people
22 with developmental disabilities.
23 Notwithstanding the provisions of section
24 41.36 of the mental hygiene law and any
25 other inconsistent provision of law,
26 moneys from this appropriation may be used
27 for payment up to $250 per year per
28 client, at such times and in such manner
29 as determined by the commissioner on the
30 basis of financial need for the personal
31 needs of each client residing in voluntar-
32 y-operated community residences and volun-
33 tary-operated community residential alter-
34 natives, including individualized
35 residential alternatives under the home
36 and community based services waiver. The
37 commissioner shall, subject to the
38 approval of the director of the budget,
39 alter existing advance payment schedules
40 for voluntary-operated community resi-
41 dences established pursuant to section
42 41.36 of the mental hygiene law.
43 Notwithstanding any inconsistent provision
44 of law, moneys from this appropriation may
45 be used for the operation of clinics
46 licensed pursuant to article 16 of the
47 mental hygiene law including, but not
48 limited to, supportive and habilitative
49 services consistent with the home and
50 community based services waiver.
51 For the state and/or local share of medical
52 assistance services expenses incurred by
53 the department of health for the provision
54 of medical assistance services to people
55 with developmental disabilities (37835) .... 560,016,000
A. 11165 31
1 For services and expenses of the community
2 services program, net of disallowances,
3 for community programs for people with
4 developmental disabilities pursuant to
5 article 41 of the mental hygiene law,
6 and/or chapter 620 of the laws of 1974,
7 chapter 660 of the laws of 1977, chapter
8 412 of the laws of 1981, chapter 27 of the
9 laws of 1987, chapter 729 of the laws of
10 1989, chapter 329 of the laws of 1993 and
11 other provisions of the mental hygiene
12 law. Notwithstanding any inconsistent
13 provision of law, the following appropri-
14 ation shall be net of prior and/or current
15 year refunds, rebates, reimbursements, and
16 credits.
17 Notwithstanding any other provision of law,
18 advances and reimbursement made pursuant
19 to subdivision (d) of section 41.15 and
20 section 41.18 of the mental hygiene law
21 shall be allocated pursuant to a plan and
22 in a manner prescribed by the agency head
23 and approved by the director of the budg-
24 et. The moneys hereby appropriated are
25 available to reimburse or advance locali-
26 ties and voluntary non-profit agencies for
27 expenditures made during local fiscal
28 periods commencing January 1, 2026, April
29 1, 2026 or July 1, 2026, and for advances
30 for the 3 month period beginning January
31 1, 2027.
32 Notwithstanding the provisions of article 41
33 of the mental hygiene law or any other
34 inconsistent provision of law, rule or
35 regulation, the commissioner, pursuant to
36 such contract and in the manner provided
37 therein, may pay all or a portion of the
38 expenses incurred by such voluntary agen-
39 cies arising out of loans which are funded
40 from the proceeds of bonds and notes
41 issued by the dormitory authority of the
42 state of New York.
43 Notwithstanding any other provision of law,
44 the money hereby appropriated may be
45 transferred to state operations and/or any
46 appropriation of the office for people
47 with developmental disabilities with the
48 approval of the director of the budget.
49 Notwithstanding any inconsistent provision
50 of law, moneys from this appropriation may
51 be used for state aid of up to 100 percent
52 of the net deficit costs of day training
53 programs and family support services.
54 Notwithstanding the provisions of section
55 16.23 of the mental hygiene law and any
56 other inconsistent provision of law, with
A. 11165 32
1 relation to the operation of certified
2 family care homes, including family care
3 homes sponsored by voluntary not-for-pro-
4 fit agencies, moneys from this appropri-
5 ation may be used for payments to purchase
6 general services including but not limited
7 to respite providers, up to a maximum of
8 14 days, at rates to be established by the
9 commissioner and approved by the director
10 of the budget in consideration of factors
11 including, but not limited to, geographic
12 area and number of clients cared for in
13 the home and for payment in an amount
14 determined by the commissioner for the
15 personal needs of each client residing in
16 the family care home.
17 Notwithstanding the provisions of subdivi-
18 sion 12 of section 8 of the state finance
19 law and any other inconsistent provision
20 of law, moneys from this appropriation may
21 be used for expenses of family care homes
22 including payments to operators of certi-
23 fied family care homes for damages caused
24 by clients to personal and real property
25 in accordance with standards established
26 by the commissioner and approved by the
27 director of the budget.
28 Notwithstanding any inconsistent provision
29 of law, moneys from this appropriation may
30 be used for appropriate day program
31 services and residential services includ-
32 ing, but not limited to, direct housing
33 subsidies to individuals, start-up
34 expenses for family care providers, envi-
35 ronmental modifications, adaptive technol-
36 ogies, appraisals, property options,
37 feasibility studies and preoperational
38 expenses.
39 Notwithstanding any inconsistent provision
40 of law, moneys from this appropriation may
41 be used to fund continuity of care
42 services, family reimbursed respite, other
43 than personal services and direct housing
44 subsidies for people who are enrolled in
45 OPWDD's self-direction program, provided
46 any or all such costs are identified in a
47 self-direction budget approved by OPWDD.
48 Notwithstanding any inconsistent provision
49 of law except pursuant to a chapter of the
50 laws of 2025 authorizing a 2.6 percent
51 targeted inflationary increase, for the
52 period commencing on April 1, 2025 and
53 ending March 31, 2026 the commissioner
54 shall not apply any other inflationary
55 increases, cost of living type increases,
56 inflation factors, or trend factors for
A. 11165 33
1 the purpose of establishing rates of
2 payments, contracts or any other form of
3 reimbursement; provided that this shall
4 not prevent the commissioner from applying
5 prior adjustments for the purpose of
6 establishing rates resulting from a rebas-
7 ing of base year costs.
8 Notwithstanding section 6908 of the educa-
9 tion law and any other provision of law,
10 rule or regulation to the contrary, direct
11 support staff in programs certified or
12 approved by the office for people with
13 developmental disabilities, including the
14 home and community based services waiver
15 programs that the office for people with
16 developmental disabilities is authorized
17 to administer with federal approval pursu-
18 ant to subdivision (c) of section 1915 of
19 the federal social security act, are
20 authorized to provide such tasks as OPWDD
21 may specify when performed under the
22 supervision, training and periodic
23 inspection of a registered professional
24 nurse and in accordance with an authorized
25 practitioner's ordered care.
26 Notwithstanding any other provision of law
27 to the contrary, and consistent with
28 section 33.07 of the mental hygiene law,
29 the directors of facilities licensed but
30 not operated by the office for people with
31 developmental disabilities who act as
32 federally-appointed representative payees
33 and who assume management responsibility
34 over the funds of a resident may continue
35 to use such funds for the cost of the
36 resident's care and treatment, consistent
37 with federal law and regulations.
38 Funds appropriated herein shall be available
39 in accordance with the following:
40 Notwithstanding any other provision of law
41 to the contrary, funds appropriated herein
42 are available to reimburse in- and
43 out-of-state private residential schools,
44 pursuant to subdivision (c) of section
45 13.37-a and subdivision (g) of section
46 13.38 of the mental hygiene law, for costs
47 of supporting the residential and day
48 program services available to individuals
49 who are over the age of 21 years of age,
50 provided that the amount paid for residen-
51 tial services and/or maintenance costs is
52 net of any supplemental security income
53 benefit to which the individual receiving
54 services is eligible, and provided further
55 that funding for nonresidential services
56 will be in an amount not to exceed the
A. 11165 34
1 maximum reimbursement for appropriate day
2 services delivered by the office for
3 people with developmental disabilities
4 certified or approved providers other than
5 in- and out-of-state private residential
6 schools, unless otherwise authorized by
7 the director of the budget.
8 Notwithstanding section 163 of the state
9 finance law, section 142 of the economic
10 development law, and article 41 of the
11 mental hygiene law, the commissioner of
12 the office for people with developmental
13 disabilities may make the funds appropri-
14 ated herein available as state aid, a loan
15 or a grant, pursuant to terms and condi-
16 tions established by the commissioner of
17 the office for people with developmental
18 disabilities, to cover a portion of the
19 development costs of private, public
20 and/or non-profit organizations, including
21 corporations and partnerships established
22 pursuant to the private housing finance
23 law and/or any other statutory provisions,
24 for supportive housing units that have
25 been set aside for individuals with intel-
26 lectual and developmental disabilities.
27 Further, the office for people with devel-
28 opmental disabilities shall have a lien on
29 the real property developed with such
30 state aid, loans or grants, which shall be
31 in the amount of the loan or grant, for a
32 maximum term of 30 years, or other longer
33 term consistent with the requirements of
34 another regulatory agency.
35 For services and expenses related to the
36 provision of residential services to
37 people with developmental disabilities
38 (37802) ...................... [28,333,000] 32,241,000
39 For services and expenses related to the
40 provision of day program services to
41 people with developmental disabilities
42 (37803) ....................... [6,960,000] 7,920,000
43 For services and expenses related to the
44 provision of family support services to
45 people with developmental disabilities
46 (37804) ....................... [7,830,000] 8,910,000
47 For services and expenses related to the
48 provision of workshop, day training and
49 employment services to people with devel-
50 opmental disabilities. Notwithstanding any
51 other provision of law, up to [$66,700]
52 $75,900 of this appropriation may be
53 transferred to the New York State Educa-
54 tion Departments' Adult Career and Contin-
55 uing Education Services - Vocational Reha-
A. 11165 35
1 bilitation (ACCES-VR) program to support
2 the LongTerm Sheltered Employment program
3 operated by FEDCAP Rehabilitation
4 Services, Inc. (37805) ....... [4,524,000] 5,148,000
5 For other services and expenses provided to
6 people with developmental disabilities
7 including but not limited to hepatitis B,
8 care at home waiver, epilepsy services,
9 Special Olympics New York, Inc. and volun-
10 tary fingerprinting (37806) ... [1,160,000] 1,320,000
11 --------------
12 § 12. Section 8 of chapter 98 of the laws of 2026, relating to making
13 appropriations for the support of government, as amended by chapter 106
14 of the laws of 2026, is amended to read as follows:
15 § 8. The amounts specified in this section, or so much thereof as
16 shall be sufficient to accomplish the purposes designated, is hereby
17 appropriated and authorized to be paid as hereinafter provided, to the
18 public officers and for the purposes specified, which amount shall be
19 available for the state fiscal year beginning April 1, 2026.
20 DEPARTMENT OF VETERANS' SERVICES
21 AID TO LOCALITIES
22 BLIND VETERAN ANNUITY ASSISTANCE PROGRAM ....................... 385,000
23 --------------
24 General Fund
25 Local Assistance Account - 10000
26 For payment of annuities to blind veterans
27 and eligible surviving spouses. Up to
28 $15,000 of this appropriation may be
29 transferred to state operations for admin-
30 istrative costs associated with this
31 program (54606) ................................ 385,000
32 --------------
33 VETERANS' BENEFITS ADVISING PROGRAM ............. [174,000] 198,000
34 --------------
35 Special Revenue Funds - Other
36 Homeless Veterans Assistance Fund
37 Homeless Veterans Assistance Account - 20204
38 For services and expenses related to home-
39 less veterans' housing (54815) .. [174,000] 198,000
40 --------------
41 § 13. No expenditure may be made from any appropriation in this act,
42 until a certificate of approval has been issued by the director of the
43 budget and a copy of such certificate shall have been filed with the
44 state comptroller, the chairman of the senate finance committee and the
45 chairman of the assembly ways and means committee provided, however,
A. 11165 36
1 that any expenditures from any appropriation in this act made by the
2 legislature or judiciary shall not require such certificate.
3 § 14. All expenditures and disbursements made against the appropri-
4 ations in this act shall, upon final action by the legislature on appro-
5 priation bills submitted by the governor pursuant to article VII of the
6 state constitution for the support of government for the state fiscal
7 year beginning April 1, 2026, be transferred by the comptroller as
8 expenditures and disbursements to such appropriations for all state
9 departments and agencies, as applicable, in amounts equal to the amounts
10 charged against the appropriations in this act for each such department,
11 agency, and the legislature and the judiciary.
12 § 15. Severability clause. If any clause, sentence, paragraph, subdi-
13 vision, section or part of this act shall be adjudged by any court of
14 competent jurisdiction to be invalid, such judgment shall not affect,
15 impair, or invalidate the remainder thereof, but shall be confined in
16 its operation to the clause, sentence, paragraph, subdivision, section
17 or part thereof directly involved in the controversy in which such judg-
18 ment shall have been rendered. It is hereby declared to be the intent of
19 the legislature that this act would have been enacted even if such
20 invalid provisions had not been included herein.
21 § 16. This act shall take effect immediately and shall be deemed to
22 have been in full force and effect on and after April 1, 2026; provided,
23 however, that upon the transfer of expenditures and disbursements by the
24 comptroller as provided in section fourteen of this act, the appropri-
25 ations made by this act and subject to such section shall be deemed
26 repealed.
