STATE OF NEW YORK
________________________________________________________________________
7765
2025-2026 Regular Sessions
IN ASSEMBLY
April 10, 2025
___________
Introduced by M. of A. PRETLOW -- (at request of the Governor) -- read
once and referred to the Committee on Ways and Means
AN ACT making appropriations for the support of government; to amend
chapter 113 of the laws of 2025 making appropriations for the support
of government, in relation thereto; to amend chapter 118 of the laws
of 2025 making appropriations for the support of government, in
relation thereto; and providing for the repeal of such provisions upon
expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative intent. The legislature hereby finds and
2 declares that the enactment of these appropriations provides sufficient
3 authority to the comptroller for the purpose of making payments for the
4 purposes described herein until such time as appropriation bills submit-
5 ted by the governor pursuant to article VII of the state constitution
6 for the support of government for the state fiscal year beginning April
7 1, 2025 are enacted.
8 § 2. Section 2 of chapter 113 of the laws of 2025, relating to making
9 appropriations for the support of government, as amended by chapter 118
10 of the laws of 2025, is amended to read as follows:
11 § 2. The amounts specified in this section, or so much thereof as
12 shall be sufficient to accomplish the purposes designated, is hereby
13 appropriated and authorized to be paid as hereinafter provided, to the
14 public officers and for the purpose specified, which amount shall be
15 available for the state fiscal year beginning April 1, 2025.
16 ALL STATE DEPARTMENTS AND AGENCIES
17 For the purpose of making payments for
18 personal service, including liabilities
19 incurred prior to April 1, 2025, on the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12005-01-5
A. 7765 2
1 payrolls scheduled to be paid during the
2 period April 1 through April [9] 15, 2025
3 to state officers and employees of the
4 executive branch, including the governor,
5 lieutenant governor, comptroller, and
6 attorney general, and to employees of the
7 legislature. This appropriation also
8 includes payments for services performed
9 by mentally ill or developmentally disa-
10 bled persons who are employed in state-op-
11 erated special employment, work-for-pay or
12 sheltered workshop programs ................ 668,330,000
13 --------------
14 § 3. Section 3 of chapter 113 of the laws of 2025, relating to making
15 appropriations for the support of government, as amended by chapter 118
16 of the laws of 2025, 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, 2025.
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 [9] 15, 2025, pursuant to existing
30 state law and for purposes for which the
31 legislature authorized the expenditure of
32 moneys during the 2024-2025 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 2024-2025 state
44 fiscal year shall have ceased to have
45 force and effect .........................
46 .............................. [20,000,000] 32,000,000
47 --------------
48 § 4. Section 4 of chapter 113 of the laws of 2025, relating to making
49 appropriations for the support of government, as amended by chapter 118
50 of the laws of 2025, is amended to read as follows:
51 § 4. The amounts specified in this section, or so much thereof as
52 shall be sufficient to accomplish the purposes designated, is hereby
A. 7765 3
1 appropriated and authorized to be paid as hereinafter provided, to the
2 public officers and for the purposes specified, which amount shall be
3 available for the state fiscal year beginning April 1, 2025.
4 MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES
5 GENERAL STATE CHARGES
6 STATE OPERATIONS
7 GENERAL STATE CHARGES ....................... [50,175,000] 516,471,000
8 --------------
9 General Fund
10 State Purposes Account - 10050
11 For employee fringe benefits according to
12 the following project schedule including
13 those benefits which are related to
14 employees paid from funds, accounts, or
15 programs where the division of the budget
16 has issued waivers ........... [50,175,000] 516,471,000
17 Project Schedule
18 PROJECT AMOUNT
19 --------------------------------------------
20 For the state's contribution
21 to the health insurance fund
22 and deposit into the retiree
23 health benefit trust fund
24 pursuant to section 99-aa of
25 the state finance law. The
26 state's share of the health
27 insurance program dividends
28 shall be available to pay
29 for the premiums in 2025-26 .. 422,000,000
30 For the state's contribution
31 to the social security
32 contribution fund ............. 49,550,000
33 For the state's contribution
34 to employee benefit fund
35 programs ...................... 37,500,000
36 For the state's contribution
37 to the dental insurance plan ... 6,000,000
38 For the state's share of
39 contributions to the volun-
40 tary defined contribution
41 plan made on behalf of
42 eligible employees pursuant
43 to chapter 18 of the laws of
44 2012 who elect to partic-
45 ipate in such plan and who
46 are not otherwise eligible
47 to participate in the SUNY
48 optional retirement program
49 ................... [275,000] 279,000
50 For the payment of the metro-
A. 7765 4
1 politan commuter transporta-
2 tion mobility tax pursuant
3 to article 23 of the tax
4 law, as added by chapter 25
5 of the laws of 2009, on
6 behalf of the state employ-
7 ees employed in the metro-
8 politan commuter transporta-
9 tion district ..... [350,000] 1,125,000
10 For the state's contribution
11 to the vision care plan ........... 17,000
12 --------------
13 Project schedule total ...
14 ........... [50,175,000] 516,471,000
15 --------------
16 § 5. Section 5 of chapter 118 of the laws of 2025, relating to making
17 appropriations for the support of government, is amended to read as
18 follows:
19 § 5. 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, 2025.
24 JUDICIARY
25 For the purpose of making payments for
26 personal service, including liabilities
27 incurred prior to April 1, 2025, on the
28 payrolls scheduled to be paid during the
29 period April 1 through April [9] 15, 2025
30 to officers and employees of the judiciary
31 ............................................. 85,000,000
32 For the payment of state operations nonper-
33 sonal service liabilities, the sum of
34 twenty-five million dollars ($25,000,000),
35 or so much thereof as shall be sufficient
36 to accomplish the purpose designated, is
37 hereby appropriated to the judiciary out
38 of any moneys in the general fund or other
39 funds to the credit of the state purposes
40 account not otherwise appropriated. The
41 comptroller is hereby authorized and
42 directed to utilize this appropriation for
43 the purpose of making payments for nonper-
44 sonal service liabilities incurred by the
45 judiciary from April 1 through April 15,
46 2025 ........................................ 25,000,000
47 For the payment of aid to localities liabil-
48 ities, the sum of thirty million dollars
49 ($30,000,000), or so much thereof as shall
50 be sufficient to accomplish the purpose
51 designated, is hereby appropriated to the
52 judiciary out of any moneys in the general
53 fund or other funds to the credit of the
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1 state purposes account not otherwise
2 appropriated. The comptroller is hereby
3 authorized and directed to utilize this
4 appropriation for the purpose of making
5 payments for aid to localities liabilities
6 incurred by the judiciary from April 1
7 through April 15, 2025 ...................... 30,000,000
8 For the payment of employee fringe benefit
9 programs including, but not limited to,
10 the judiciary's contributions to the
11 health insurance fund, the employees'
12 retirement system pension accumulation
13 fund, the social security contribution
14 fund, employee benefit fund programs, the
15 dental insurance plan, the vision care
16 plan, the unemployment insurance fund, and
17 for workers' compensation benefits, the
18 sum of three hundred million dollars
19 ($300,000,000), or so much thereof as
20 shall be sufficient to accomplish the
21 purpose designated, is hereby appropriated
22 to the judiciary out of any moneys in the
23 general fund or other funds to the credit
24 of the state purposes account not other-
25 wise appropriated. The comptroller is
26 hereby authorized and directed to utilize
27 this appropriation for the purpose of
28 making payments for employee fringe bene-
29 fit liabilities incurred by the judiciary
30 from April 1 through April [9] 15, 2025 .... 300,000,000
31 --------------
32 § 6. The amounts specified in this section, or so much thereof as
33 shall be sufficient to accomplish the purposes designated, is hereby
34 appropriated and authorized to be paid as hereinafter provided, to the
35 public officers and for the purposes specified, which amount shall be
36 available for the state fiscal year beginning April 1, 2025.
37 OFFICE OF CHILDREN AND FAMILY SERVICES
38 AID TO LOCALITIES
39 FAMILY AND CHILDREN'S SERVICES PROGRAM ...................... 19,650,000
40 --------------
41 General Fund
42 Local Assistance Account - 10000
43 For services and expenses for the adoption
44 subsidy program pursuant to title 9 of
45 article 6 of the social services law.
46 Notwithstanding any inconsistent provision
47 of law, the liability of the state to
48 social services districts and the amount
49 to be distributed or otherwise expended by
50 the state to reimburse social services
51 districts pursuant to section 456 of the
52 social services law shall be 62 percent of
A. 7765 6
1 eligible social services district expendi-
2 tures.
3 The amount hereby appropriated is to be
4 available for payment of aid heretofore
5 accrued or hereafter to accrue to munici-
6 palities. Subject to the approval of the
7 director of the budget, such funds shall
8 be available to the office net of disal-
9 lowances, refunds, reimbursements, and
10 credits.
11 Notwithstanding any inconsistent provision
12 of law, the amount herein appropriated may
13 be transferred to any other appropriation
14 within the office of children and family
15 services and/or the office of temporary
16 and disability assistance and/or suballo-
17 cated to the office of temporary and disa-
18 bility assistance for the purpose of
19 paying local social services districts'
20 costs of the above program and may be
21 increased or decreased by interchange with
22 any other appropriation or with any other
23 item or items within the amounts appropri-
24 ated within the office of children and
25 family services general fund - local
26 assistance account with the approval of
27 the director of the budget who shall file
28 such approval with the department of audit
29 and control and copies thereof with the
30 chairman of the senate finance committee
31 and the chairman of the assembly ways and
32 means committee.
33 Notwithstanding any inconsistent provision
34 of law, in lieu of payments authorized by
35 the social services law, or payments of
36 federal funds otherwise due to the local
37 social services districts for programs
38 provided under the federal social security
39 act or the federal food stamp act, funds
40 herein appropriated, in amounts certified
41 by the state commissioner or the state
42 commissioner of health as due from local
43 social services districts each month as
44 their share of payments made pursuant to
45 section 367-b of the social services law
46 may be set aside by the state comptroller
47 in an interest-bearing account with such
48 interest accruing to the credit of the
49 locality in order to ensure the orderly
50 and prompt payment of providers under
51 section 367-b of the social services law
52 pursuant to an estimate provided by the
53 commissioner of health of each local
54 social services district's share of
55 payments made pursuant to section 367-b of
56 the social services law.
A. 7765 7
1 The amounts appropriated herein shall be
2 available for reimbursement of local
3 district claims only to the extent that
4 such claims are submitted within twenty-
5 four months of the last day of the state
6 fiscal year in which the expenditures were
7 incurred, unless waived for good cause by
8 the commissioner subject to the approval
9 of the director of the budget.
10 Notwithstanding any inconsistent provision
11 of law including, but not limited to, any
12 chapter of the laws of 2024 which enacts a
13 cost of living adjustment for the state
14 fiscal year beginning on April 1, 2024,
15 the commissioner shall continue to apply
16 any cost of living adjustment increase in
17 effect on March 31, 2024 for the entire
18 rate year that began when such cost of
19 living adjustment increase was in effect.
20 Notwithstanding any inconsistent provision
21 of law, the commissioner shall apply a
22 2.84 percent cost of living adjustment for
23 the rate year that begins on July 1, 2024
24 for the purposes of establishing rates of
25 payments, contracts, or any other form of
26 reimbursement, provided that this shall
27 not prevent the commissioner from applying
28 additional trend or staff retention
29 factors for this program.
30 Notwithstanding any other provision of law
31 to the contrary, amounts due and owing to
32 a social services district under this
33 appropriation, may be reduced up to such
34 amounts due and owing to the state under
35 section 529 of the executive law (13917) .... 19,650,000
36 --------------
37 § 7. The amounts specified in this section, or so much thereof as
38 shall be sufficient to accomplish the purposes designated, is hereby
39 appropriated and authorized to be paid as hereinafter provided, to the
40 public officers and for the purposes specified, which amount shall be
41 available for the state fiscal year beginning April 1, 2025.
42 OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE
43 AID TO LOCALITIES
44 EMPLOYMENT AND INCOME SUPPORT PROGRAM ...................... 262,533,000
45 --------------
46 General Fund
47 Local Assistance Account - 10000
48 For state reimbursement of the safety net
49 assistance program as established pursuant
50 to chapter 436 of the laws of 1997.
51 Notwithstanding section 153 of the social
52 services law or any other inconsistent
A. 7765 8
1 provision of law, funds appropriated here-
2 in shall reimburse 29 percent of safety
3 net assistance expenditures, including the
4 cost of providing shelter supplements for
5 safety net assistance households at local
6 option, including eligible households
7 containing a household member who has been
8 released from prison, in order to prevent
9 eviction and address homelessness in
10 accordance with social services district
11 plans approved by the office of temporary
12 and disability assistance and the director
13 of the budget, provided, however, that in
14 social services districts with a popu-
15 lation over five million no shelter
16 supplements other than the family home-
17 lessness and eviction prevention supple-
18 ment shall be reimbursed, provided however
19 funds appropriated herein shall only be
20 used to reimburse rental costs up to the
21 maximum rent levels in place as of January
22 1, 2021, then adjusted consistent with the
23 annual year-over-year percentage changes
24 in fair market rent, provided, however, in
25 the event of a decrease in fair market
26 rent the value of the maximum rent levels
27 reimbursed with funds appropriated herein
28 shall not decrease and shall be set at the
29 maximum rent levels established during the
30 prior year, and further provided that such
31 supplements shall not be part of the stan-
32 dard of need pursuant to section 131-a of
33 the social services law. Funds appropri-
34 ated herein shall also reimburse 29
35 percent of safety net assistance expendi-
36 tures, in social services districts with a
37 population over five million, for emergen-
38 cy shelter, transportation, or nutrition
39 payments which the district determines are
40 necessary to establish or maintain inde-
41 pendent living arrangements among persons
42 living with medically diagnosed HIV
43 infection as defined by the AIDS institute
44 of the state department of health and who
45 are homeless or facing homelessness and
46 for whom no viable and less costly alter-
47 native to housing is available; provided,
48 however, that funds appropriated herein
49 may only be used for such purposes if the
50 cost of such allowances are not eligible
51 for reimbursement under medical assistance
52 or other programs.
53 Funds appropriated herein shall reimburse 29
54 percent of safety net assistance expendi-
55 tures, in social services districts with a
56 population of five million or fewer, for
A. 7765 9
1 emergency shelter payments promulgated by
2 the office of temporary and disability
3 assistance which the district determines
4 are necessary to establish or maintain
5 independent living arrangements among
6 persons living with medically diagnosed
7 HIV infection as defined by the AIDS
8 institute of the state department of
9 health and who are homeless or facing
10 homelessness and for whom no viable and
11 less costly alternative to housing is
12 available; provided, however, that funds
13 appropriated herein may only be used for
14 such purposes if the cost of such allow-
15 ances are not eligible for reimbursement
16 under medical assistance or other
17 programs.
18 Funds appropriated herein shall reimburse 29
19 percent of safety net assistance expendi-
20 tures, in social services districts with a
21 population of five million or fewer, for
22 emergency shelter payments in excess of
23 those promulgated by the office of tempo-
24 rary and disability assistance but not
25 exceeding an amount reasonably approximate
26 to 100 percent of fair market rent, at
27 local option which the district determines
28 are necessary to establish or maintain
29 independent living arrangements among
30 persons living with medically diagnosed
31 HIV infection as defined by the AIDS
32 institute of the State department of
33 health and who are homeless or facing
34 homelessness and for whom no viable and
35 less costly alternative to housing is
36 available; provided, however, that funds
37 appropriated herein may only be used for
38 such purposes if the cost of such allow-
39 ances are not eligible for reimbursement
40 under medical assistance or other
41 programs. Such emergency shelter payments
42 shall only be made at local option and in
43 accordance with a plan approved by the
44 office of temporary and disability assist-
45 ance and the director of the budget.
46 Provided, however, notwithstanding section
47 153 of the social services law or any
48 other inconsistent provision of law, if
49 necessary funding, as determined by the
50 director of the budget, is secured in a
51 social services district from the medical
52 assistance program by reducing the capita-
53 tion rates paid to medicaid managed care
54 organizations by the amount of savings
55 resulting from stably housing individuals
56 living with medically diagnosed HIV
A. 7765 10
1 infection as defined by the AIDS institute
2 of the state department of health, the
3 social services district shall make such
4 emergency shelter payments in excess of
5 those promulgated by the office of tempo-
6 rary and disability assistance but not
7 exceeding an amount reasonably approximate
8 to 100 percent of fair market rent, and
9 the savings shall be used to reimburse 100
10 percent of the cost of such excess emer-
11 gency shelter payments for cases reim-
12 bursed under the safety net assistance or
13 family assistance programs in social
14 services districts with a population of
15 five million or fewer, in accordance with
16 a plan approved by the office of temporary
17 and disability assistance and the director
18 of the budget; provided further that
19 reimbursement shall be provided to medi-
20 caid managed care organizations through
21 adjustments to capitation rates should
22 actual gross savings not be realized as
23 determined by the director of the budget.
24 For persons living with medically diagnosed
25 HIV infection as defined by the AIDS
26 institute of the state department of
27 health living in social services districts
28 with a population over five million who
29 are receiving public assistance, funds
30 appropriated herein shall be used to reim-
31 burse 29 percent of the additional rental
32 costs determined based on limiting such
33 person's earned and/or unearned income
34 contribution to 30 percent.
35 For persons living with medically diagnosed
36 HIV infection as defined by the AIDS
37 institute of the state department of
38 health living in social services districts
39 with a population of five million or fewer
40 who are receiving public assistance, funds
41 appropriated herein may be used to reim-
42 burse up to 100 percent of the additional
43 rental costs determined based on limiting
44 such person's earned and/or unearned
45 income contribution to 30 percent. Such
46 payments of additional rental costs shall
47 only be made at local option and in
48 accordance with a plan approved by the
49 office of temporary and disability assist-
50 ance and the director of the budget.
51 Provided, however, notwithstanding section
52 153 of the social services law or any
53 other inconsistent provision of law, if
54 necessary funding, as determined by the
55 director of the budget, is secured in a
56 social services district from the medical
A. 7765 11
1 assistance program by reducing the capita-
2 tion rates paid to medicaid managed care
3 organizations by the amount of savings
4 resulting from stably housing individuals
5 living with medically diagnosed HIV
6 infection as defined by the AIDS institute
7 of the state department of health, the
8 social services district shall make such
9 payments of additional rental costs, for
10 cases reimbursed under the safety net
11 assistance and family assistance program,
12 and the savings shall be used to reimburse
13 100 percent of the cost of the additional
14 rental costs determined based on limiting
15 such person's earned and/or unearned
16 income contribution to 30 percent in
17 social services districts with a popu-
18 lation of five million or fewer, in
19 accordance with a plan approved by the
20 office of temporary and disability assist-
21 ance and the director of the budget;
22 provided further that reimbursement shall
23 be provided to medicaid managed care
24 organizations through adjustments to capi-
25 tation rates should actual gross savings
26 not be realized as determined by the
27 director of the budget.
28 Amounts appropriated herein may be used to
29 enter into contracts with persons or enti-
30 ties authorized pursuant to subdivision
31 (j) of section 17 of the social services
32 law consistent with federal law and
33 requirements. Such contracts will be
34 consistent with subdivision (j) of section
35 17 of the social services law. Notwith-
36 standing section 153 of the social
37 services law or any other inconsistent
38 provision of law, the office may reduce
39 reimbursement otherwise payable to social
40 services districts to recover 29 percent
41 of costs incurred by the office for
42 expenditures related to subdivision (j) of
43 section 17 of the social services law.
44 Such funds are to be available for payment
45 of aid heretofore accrued or hereafter to
46 accrue to municipalities. Subject to the
47 approval of the director of the budget,
48 such funds shall be available to the
49 office of temporary and disability assist-
50 ance net of disallowances, refunds,
51 reimbursements, and credits, including
52 those related to title IV-E of the social
53 security act; and including, but not
54 limited to, additional federal funds
55 resulting from any changes in federal cost
56 allocation methodologies.
A. 7765 12
1 Notwithstanding any inconsistent provision
2 of law, the amount herein appropriated may
3 be increased or decreased by interchange
4 with any other appropriation within the
5 office of temporary and disability assist-
6 ance general fund - local assistance
7 account with the approval of the director
8 of the budget, who shall file such
9 approval with the department of audit and
10 control and copies thereof with the chair-
11 man of the senate finance committee and
12 the chairman of the assembly ways and
13 means committee.
14 Social services districts shall be required
15 to report to the office of temporary and
16 disability assistance on an annual basis,
17 information, as determined and requested
18 by the office, related to services and
19 expenditures for which reimbursement is
20 sought for providing temporary housing
21 assistance to homeless individuals and
22 families. Such information shall be
23 submitted electronically to the extent
24 feasible as determined by the office, and
25 shall be used to evaluate expenditures by
26 such social services districts for the
27 provision of temporary housing assistance
28 for homeless individuals and families.
29 Notwithstanding section 153 of the social
30 services law, or any other inconsistent
31 provision of law, the office of temporary
32 and disability assistance may withhold or
33 deny reimbursement, in whole or in part,
34 to any social services district that fails
35 to develop or submit a homeless services
36 plan subject to the approval of the office
37 of temporary and disability assistance,
38 fails to provide homeless services and
39 outreach in accordance with its approved
40 homeless services plan, or fails to devel-
41 op or submit homeless services outcome
42 reports, consistent with those require-
43 ments promulgated by the office of tempo-
44 rary and disability assistance.
45 Notwithstanding section 153 of the social
46 services law, or any other inconsistent
47 provision of law, such appropriation shall
48 be available for reimbursement of eligible
49 costs incurred on or after January 1, 2025
50 and before January 1, 2026, that are
51 otherwise reimbursable by the state on or
52 after April 1, 2025, that are claimed by
53 March 1, 2026. Such reimbursement shall
54 constitute total state reimbursement for
55 activities funded herein in state fiscal
56 year 2025-2026 (52203) ...................... 79,200,000
A. 7765 13
1 For expenditures for additional state
2 payments for eligible aged, blind, and
3 disabled persons related to supplemental
4 security income and for expenditures made
5 pursuant to title 8 of article 5 of the
6 social services law. Such funds are avail-
7 able for payment of aid heretofore accrued
8 or hereafter to accrue. Notwithstanding
9 any inconsistent provision of law, the
10 amount herein appropriated may be
11 increased or decreased by interchange with
12 any other appropriation within the office
13 of temporary and disability assistance
14 general fund - local assistance account
15 with the approval of the director of the
16 budget, who shall file such approval with
17 the department of audit and control and
18 copies thereof with the chairman of the
19 senate finance committee and the chairman
20 of the assembly ways and means committee
21 (52311) ..................................... 58,333,000
22 Special Revenue Funds - Federal
23 Federal Health and Human Services Fund
24 Temporary Assistance for Needy Families Account - 25178
25 For reimbursement of the cost of the family
26 assistance and the emergency assistance to
27 families programs. Notwithstanding section
28 153 of the social services law or any
29 inconsistent provision of law, funds
30 appropriated herein shall be provided
31 without state or local participation
32 except that for social services districts
33 with a population of five million or more,
34 reimbursement will be eighty-five percent.
35 Funds appropriated herein shall also include
36 the cost of providing shelter supplements
37 for family assistance households at local
38 option, including eligible households
39 containing a household member who has been
40 released from prison, in order to prevent
41 eviction and address homelessness in
42 accordance with social services district
43 plans approved by the office of temporary
44 and disability assistance and the director
45 of the budget, provided, however, that in
46 social services districts with a popu-
47 lation over five million no shelter
48 supplements other than the family home-
49 lessness and eviction prevention supple-
50 ment shall be reimbursed, provided however
51 funds appropriated herein shall only be
52 used to reimburse rental costs up to the
53 maximum rent levels in place as of January
54 1, 2021, then adjusted consistent with the
A. 7765 14
1 annual year-over-year percentage changes
2 in fair market rent, provided, however, in
3 the event of a decrease in fair market
4 rent the value of the maximum rent levels
5 reimbursed with funds appropriated herein
6 shall not decrease and shall be set at the
7 maximum rent levels established during the
8 prior year, and further provided that such
9 supplements shall not be part of the stan-
10 dard of need pursuant to section 131-a of
11 the social services law.
12 Funds appropriated herein shall also reim-
13 burse for family assistance expenditures
14 for emergency shelter, transportation, or
15 nutrition payments which the district
16 determines are necessary to establish or
17 maintain independent living arrangements
18 among persons living with medically diag-
19 nosed HIV infection as defined by the AIDS
20 institute of the State department of
21 health and who are homeless or facing
22 homelessness and for whom no viable and
23 less costly alternative to housing is
24 available; provided, however, that funds
25 appropriated herein may only be used for
26 such purposes if the cost of such allow-
27 ances are not eligible for reimbursement
28 under medical assistance or other
29 programs.
30 For persons living with medically diagnosed
31 HIV infection as defined by the AIDS
32 institute of the state department of
33 health who are receiving public assistance
34 funds appropriated herein shall not be
35 used to reimburse the additional rental
36 costs determined based on limiting such
37 person's earned and/or unearned income
38 contribution to 30 percent.
39 Amounts appropriated herein may be used to
40 enter into contracts with persons or enti-
41 ties authorized pursuant to subdivision
42 (j) of section 17 of the social services
43 law consistent with federal law and
44 requirements. Such contracts will be made
45 consistent with subdivision (j) of section
46 17 of the social services law. Notwith-
47 standing section 153 of the social
48 services law or any other inconsistent
49 provision of law, the office may reduce
50 reimbursement otherwise payable to social
51 services districts to recover the federal
52 share of costs incurred by the office for
53 expenditures related to subdivision (j) of
54 section 17 of the social services law.
55 Such funds are to be available for payment
56 of aid heretofore accrued or hereafter to
A. 7765 15
1 accrue to municipalities. Subject to the
2 approval of the director of the budget,
3 such funds shall be available to the
4 office of temporary and disability assist-
5 ance net of disallowances, refunds,
6 reimbursements, and credits including, but
7 not limited to, additional federal funds
8 resulting from any changes in federal cost
9 allocation methodologies.
10 Notwithstanding any inconsistent provision
11 of law, the amount herein appropriated may
12 be increased or decreased by interchange
13 with any other appropriation within the
14 office of temporary and disability assist-
15 ance federal fund - local assistance
16 account with the approval of the director
17 of the budget, who shall file such
18 approval with the department of audit and
19 control and copies thereof with the chair-
20 man of the senate finance committee and
21 the chairman of the assembly ways and
22 means committee.
23 Social services districts shall be required
24 to report to the office of temporary and
25 disability assistance on an annual basis,
26 information, as determined and requested
27 by the office, related to services and
28 expenditures for which reimbursement is
29 sought for providing temporary housing
30 assistance to homeless individuals and
31 families. Such information shall be
32 submitted electronically to the extent
33 feasible as determined by the office, and
34 shall be used to evaluate expenditures by
35 such social services districts for the
36 provision of temporary housing assistance
37 for homeless individuals and families.
38 Notwithstanding section 153 of the social
39 services law, or any other inconsistent
40 provision of law, the office of temporary
41 and disability assistance may withhold or
42 deny reimbursement, in whole or in part,
43 to any social services district that fails
44 to develop or submit a homeless services
45 plan subject to the approval of the office
46 of temporary and disability assistance,
47 fails to provide homeless services and
48 outreach in accordance with its approved
49 homeless services plan, or fails to devel-
50 op or submit homeless services outcome
51 reports, consistent with those require-
52 ments promulgated by the office of tempo-
53 rary and disability assistance.
54 Notwithstanding section 153 of the social
55 services law, or any other inconsistent
56 provision of law, such appropriation shall
A. 7765 16
1 be available for reimbursement of eligible
2 costs incurred on or after January 1, 2025
3 and before January 1, 2026, that are
4 otherwise reimbursable by the state on or
5 after April 1, 2025, that are claimed by
6 March 1, 2026. Such reimbursement shall
7 constitute total federal reimbursement for
8 activities funded herein in state fiscal
9 year 2025-26 (52203) ....................... 125,000,000
10 --------------
11 § 8. Section 5 of chapter 113 of the laws of 2025, relating to making
12 appropriations for the support of government, as amended by chapter 118
13 of the laws of 2025, is amended to read as follows:
14 § 5. The amounts specified in this section, or so much thereof as
15 shall be sufficient to accomplish the purposes designated, is hereby
16 appropriated and authorized to be paid as hereinafter provided, to the
17 public officers and for the purposes specified, which amount shall be
18 available for the state fiscal year beginning April 1, 2025.
19 DEPARTMENT OF HEALTH
20 AID TO LOCALITIES
21 CENTER FOR COMMUNITY HEALTH PROGRAM .......... [16,630,000] 23,050,000
22 --------------
23 General Fund
24 Local Assistance Account - 10000
25 For services and expenses related to the
26 Indian health program. The money hereby
27 appropriated shall be for payment of
28 financial assistance heretofore accrued or
29 hereafter to accrue (26840) .................. 7,000,000
30 --------------
31 Special Revenue Funds - Federal
32 Federal USDA-Food and Nutrition Services Fund
33 Federal Food and Nutrition Services Account - 25022
34 For various federal food and nutritional
35 services. The moneys hereby appropriated
36 shall be available for payment of finan-
37 cial assistance heretofore accrued (26986)
38 ............................... [9,630,000] 16,050,000
39 --------------
40 ELDERLY PHARMACEUTICAL INSURANCE COVERAGE PROGRAM ............ 1,520,000
41 --------------
42 Special Revenue Funds - Other
43 HCRA Resources Fund
44 EPIC Premium Account - 20818
A. 7765 17
1 For services and expenses of the program for
2 elderly pharmaceutical insurance coverage,
3 including reimbursement to pharmacies
4 participating in such program.
5 The moneys hereby appropriated shall be
6 available for payment of financial assist-
7 ance heretofore accrued (26803) .............. 1,520,000
8 MEDICAL ASSISTANCE PROGRAM ............... [2,222,408,000] 3,333,612,000
9 --------------
10 General Fund
11 Local Assistance Account - 10000
12 For the medical assistance program, includ-
13 ing administrative expenses, for local
14 social services districts, and for medical
15 care rates for authorized child care agen-
16 cies.
17 Notwithstanding section 40 of the state
18 finance law or any provision of law to the
19 contrary, subject to federal approval,
20 department of health state funds medicaid
21 spending, excluding payments for medical
22 services provided at state facilities
23 operated by the office of mental health,
24 the office for people with developmental
25 disabilities and the office of addiction
26 services and supports and further exclud-
27 ing any payments which are not appropri-
28 ated within the department of health, in
29 the aggregate, for the period April 1,
30 2025 through March 31, 2026, shall not
31 exceed $33,417,285,000 except as provided
32 below provided, however, such aggregate
33 limits may be adjusted by the director of
34 the budget to account for any changes in
35 the New York state federal medical assist-
36 ance percentage amount established pursu-
37 ant to the federal social security act,
38 increases in provider revenues, reductions
39 in local social services district payments
40 for medical assistance administration,
41 minimum wage increases, and beginning
42 April 1, 2012 the operational costs of the
43 New York state medical indemnity fund,
44 pursuant to chapter 59 of the laws of
45 2011, and state costs or savings from the
46 essential plan program. Such projections
47 may be adjusted by the director of the
48 budget to account for increased or expe-
49 dited department of health state funds
50 medicaid expenditures as a result of a
51 natural or other type of disaster, includ-
52 ing a governmental declaration of emergen-
53 cy.
A. 7765 18
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. 7765 19
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. 7765 20
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. 7765 21
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. 7765 22
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. 7765 23
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. 7765 24
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 2025-26 shall
26 supersede and replace any duplicative (i)
27 reappropriation for this item covering
28 fiscal year 2025-26, and (ii) appropri-
29 ation for this item covering fiscal year
30 2025-26 set forth in chapter 53 of the
31 laws of 2024 (26947) ......... [40,400,000] 60,600,000
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 2025-26 shall
38 supersede and replace any duplicative (i)
39 reappropriation for this item covering
40 fiscal year 2025-26, and (ii) appropri-
41 ation for this item covering fiscal year
42 2025-26 set forth in chapter 53 of the
43 laws of 2024 (26948) ......... [10,432,000] 15,648,000
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 2025-26 shall
50 supersede and replace any duplicative (i)
51 reappropriation for this item covering
52 fiscal year 2025-26, and (ii) appropri-
53 ation for this item covering fiscal year
54 2025-26 set forth in chapter 53 of the
55 laws of 2024 (26949) ......... [19,026,000] 28,539,000
A. 7765 25
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 2025-26 shall
7 supersede and replace any duplicative (i)
8 reappropriation for this item covering
9 fiscal year 2025-26, and (ii) appropri-
10 ation for this item covering fiscal year
11 2025-26 set forth in chapter 53 of the
12 laws of 2024 (26950) ......... [50,936,000] 76,404,000
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 2025-26 shall
19 supersede and replace any duplicative (i)
20 reappropriation for this item covering
21 fiscal year 2025-26, and (ii) appropri-
22 ation for this item covering fiscal year
23 2025-26 set forth in chapter 53 of the
24 laws of 2024 (26951) ........ [140,778,000] 211,167,000
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 2025-26 shall
44 supersede and replace any duplicative (i)
45 reappropriation for this item covering
46 fiscal year 2025-26, and (ii) appropri-
47 ation for this item covering fiscal year
48 2025-26 set forth in chapter 53 of the
49 laws of 2024 (26952) ......... [86,862,000] 130,293,000
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 2025-26 shall
55 supersede and replace any duplicative (i)
56 reappropriation for this item covering
A. 7765 26
1 fiscal year 2025-26, and (ii) appropri-
2 ation for this item covering fiscal year
3 2025-26 set forth in chapter 53 of the
4 laws of 2024 (29548) .......... [6,032,000] 9,048,000
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 2025-26 shall
16 supersede and replace any duplicative (i)
17 reappropriation for this item covering
18 fiscal year 2025-26, and (ii) appropri-
19 ation for this item covering fiscal year
20 2025-26 set forth in chapter 53 of the
21 laws of 2024 (26953) ......... [96,952,000] 145,428,000
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 2025-26 shall
28 supersede and replace any duplicative (i)
29 reappropriation for this item covering
30 fiscal year 2025-26, and (ii) appropri-
31 ation for this item covering fiscal year
32 2025-26 set forth in chapter 53 of the
33 laws of 2024 (26954) ......... [14,344,000] 21,516,000
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 2025-26 shall
40 supersede and replace any duplicative (i)
41 reappropriation for this item covering
42 fiscal year 2025-26, and (ii) appropri-
43 ation for this item covering fiscal year
44 2025-26 set forth in chapter 53 of the
45 laws of 2024 (26955) ............ [164,000] 246,000
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. 7765 27
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 2025-26 shall
6 supersede and replace any duplicative (i)
7 reappropriation for this item covering
8 fiscal year 2025-26, and (ii) appropri-
9 ation for this item covering fiscal year
10 2025-26 set forth in chapter 53 of the
11 laws of 2024 (26956) ......... [39,604,000] 59,406,000
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 2025-26 shall
22 supersede and replace any duplicative (i)
23 reappropriation for this item covering
24 fiscal year 2025-26, and (ii) appropri-
25 ation for this item covering fiscal year
26 2025-26 set forth in chapter 53 of the
27 laws of 2024 (26961) ........ [166,800,000] 250,200,000
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. 7765 28
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. 7765 29
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
43 provisions of law, no expenditures shall
44 be used for the medical assistance program
45 for any expenses not explicitly authorized
46 in law without the approval of the direc-
47 tor of 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 2025-26 shall
54 supersede and replace any duplicative (i)
55 reappropriation for this item covering
A. 7765 30
1 fiscal year 2025-26, and (ii) appropri-
2 ation for this item covering fiscal year
3 2025-26 set forth in chapter 53 of the
4 laws of 2024 (26947) ........ [115,628,000] 173,442,000
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 2025-26 shall
11 supersede and replace any duplicative (i)
12 reappropriation for this item covering
13 fiscal year 2025-26, and (ii) appropri-
14 ation for this item covering fiscal year
15 2025-26 set forth in chapter 53 of the
16 laws of 2024 (26948) ......... [20,744,000] 31,116,000
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 2025-26 shall
23 supersede and replace any duplicative (i)
24 reappropriation for this item covering
25 fiscal year 2025-26, and (ii) appropri-
26 ation for this item covering fiscal year
27 2025-26 set forth in chapter 53 of the
28 laws of 2024 (26949) ......... [33,934,000] 50,901,000
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 2025-26 shall
35 supersede and replace any duplicative (i)
36 reappropriation for this item covering
37 fiscal year 2025-26, and (ii) appropri-
38 ation for this item covering fiscal year
39 2025-26 set forth in chapter 53 of the
40 laws of 2024(26950) ......... [158,718,000] 238,077,000
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 2025-26 shall
47 supersede and replace any duplicative (i)
48 reappropriation for this item covering
49 fiscal year 2025-26, and (ii) appropri-
50 ation for this item covering fiscal year
51 2025-26 set forth in chapter 53 of the
52 laws of 2024 (26951) ........ [264,788,000] 397,182,000
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. 7765 31
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 provision of law to the
14 contrary, the portion of this appropri-
15 ation covering fiscal year 2025-26 shall
16 supersede and replace any duplicative (i)
17 reappropriation for this item covering
18 fiscal year 2025-26, and (ii) appropri-
19 ation for this item covering fiscal year
20 2025-26 set forth in chapter 53 of the
21 laws of 2024 (26952) ........ [301,658,000] 452,487,000
22 For services and expenses of the medical
23 assistance program including pharmacy
24 services, provided, however, that no funds
25 shall be made available pursuant to this
26 appropriation for any drug not explicitly
27 authorized in any heretofore enacted law,
28 rule, or regulation without approval from
29 the director of the budget.
30 Notwithstanding any provision of law to the
31 contrary, the portion of this appropri-
32 ation covering fiscal year 2025-26 shall
33 supersede and replace any duplicative (i)
34 reappropriation for this item covering
35 fiscal year 2025-26, and (ii) appropri-
36 ation for this item covering fiscal year
37 2025-26 set forth in chapter 53 of the
38 laws of 2024 (26953) ........ [185,232,000] 277,848,000
39 For services and expenses of the medical
40 assistance program including transporta-
41 tion services.
42 Notwithstanding any provision of law to the
43 contrary, the portion of this appropri-
44 ation covering fiscal year 2025-26 shall
45 supersede and replace any duplicative (i)
46 reappropriation for this item covering
47 fiscal year 2025-26, and (ii) appropri-
48 ation for this item covering fiscal year
49 2025-26 set forth in chapter 53 of the
50 laws of 2024 (26954) ......... [24,470,000] 36,705,000
51 For services and expenses of the medical
52 assistance program including dental
53 services.
54 Notwithstanding any provision of law to the
55 contrary, the portion of this appropri-
56 ation covering fiscal year 2025-26 shall
A. 7765 32
1 supersede and replace any duplicative (i)
2 reappropriation for this item covering
3 fiscal year 2025-26, and (ii) appropri-
4 ation for this item covering fiscal year
5 2025-26 set forth in chapter 53 of the
6 laws of 2024 (26955) ........... [2,844,000] 4,266,000
7 For services and expenses of the medical
8 assistance program including noninstitu-
9 tional and other spending.
10 The money hereby appropriated is available
11 for payment of liabilities heretofore
12 accrued or hereafter accrued.
13 Notwithstanding any provision of law to the
14 contrary, the portion of this appropri-
15 ation covering fiscal year 2025-26 shall
16 supersede and replace any duplicative (i)
17 reappropriation for this item covering
18 fiscal year 2025-26, and (ii) appropri-
19 ation for this item covering fiscal year
20 2025-26 set forth in chapter 53 of the
21 laws of 2024 (26956) ....... [275,262,000] 412,893,000
22 For services and expenses of the medical
23 assistance program including medical
24 services provided at state facilities
25 operated by the office of mental health,
26 the office for people with developmental
27 disabilities and the office of addiction
28 services and supports.
29 Notwithstanding any provision of law to the
30 contrary, the portion of this appropri-
31 ation covering fiscal year 2025-26 shall
32 supersede and replace any duplicative (i)
33 reappropriation for this item covering
34 fiscal year 2025-26, and (ii) appropri-
35 ation for this item covering fiscal year
36 2025-26 set forth in chapter 53 of the
37 laws of 2024 (26961) ....... [166,800,000] 250,200,000
38 --------------
39 § 9. Section 6 of chapter 113 of the laws of 2025, relating to making
40 appropriations for the support of government, as amended by chapter 118
41 of the laws of 2025, is amended to read as follows:
42 § 6. 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, 2025.
47 DEPARTMENT OF LABOR
48 AID TO LOCALITIES
49 UNEMPLOYMENT INSURANCE BENEFIT PROGRAM ...... [345,000,000] 465,000,000
50 --------------
51 Enterprise Funds
A. 7765 33
1 Unemployment Insurance Benefit Fund
2 Unemployment Insurance Benefit Account - 50650
3 For payment of unemployment insurance bene-
4 fits pursuant to article 18 of the labor
5 law or as authorized by the federal
6 government through the disaster unemploy-
7 ment assistance program, the emergency
8 unemployment compensation program, the
9 extended benefit program, the federal
10 additional compensation program or any
11 other federally funded unemployment bene-
12 fit program (34787) ......... [345,000,000] 465,000,000
13 § 10. The amounts specified in this section, or so much thereof as
14 shall be sufficient to accomplish the purposes designated, is hereby
15 appropriated and authorized to be paid as hereinafter provided, to the
16 public officers and for the purposes specified, which amount shall be
17 available for the state fiscal year beginning April 1, 2025.
18 DEPARTMENT OF TRANSPORTATION
19 AID TO LOCALITIES
20 DEDICATED MASS TRANSPORTATION TRUST FUND PROGRAM ............ 49,437,000
21 --------------
22 Special Revenue Funds - Other
23 Dedicated Mass Transportation Trust Fund
24 Railroad Account - 20852
25 To the metropolitan transportation authority
26 for deposit in the metropolitan transpor-
27 tation authority dedicated tax fund for
28 the expenses of the New York city transit
29 authority, the Manhattan and Bronx surface
30 transit operating authority, and the
31 Staten Island rapid transit operating
32 authority, the Long Island rail road
33 company and the Metro-North commuter rail-
34 road company which includes the New York
35 state portion of the Harlem, Hudson, Port
36 Jervis, Pascack, and the New Haven commu-
37 ter railroad service regardless of whether
38 the services are provided directly or
39 pursuant to joint service agreements.
40 No expenditure shall be made hereunder until
41 a certificate of approval has been issued
42 by the director of the budget and a copy
43 of such certificate filed with the state
44 comptroller, the chairperson of the senate
45 finance committee and the chairperson of
46 the assembly ways and means committee.
47 Moneys appropriated herein may be made
48 available at such times and upon such
49 conditions as may be deemed appropriate by
50 the commissioner of transportation and the
A. 7765 34
1 director of the budget in accordance with
2 the following:
3 To the metropolitan transportation authority
4 for the operating expenses of the Long
5 Island rail road company and the Metro-
6 North commuter railroad company which
7 include operating expenses for the New
8 York state portion of Harlem, Hudson, Port
9 Jervis, Pascack, and New Haven commuter
10 railroad services regardless of whether
11 such services are provided directly or
12 pursuant to joint service agreements
13 (54282) ...................................... 7,426,000
14 Special Revenue Funds - Other
15 Dedicated Mass Transportation Trust Fund
16 Transit Authorities Account - 20851
17 To the metropolitan transportation authority
18 for deposit in the metropolitan transpor-
19 tation authority dedicated tax fund for
20 the expenses of the New York city transit
21 authority, the Manhattan and Bronx surface
22 transit operating authority, and the
23 Staten Island rapid transit operating
24 authority, the Long Island rail road
25 company and the Metro-North commuter rail-
26 road company which includes the New York
27 state portion of the Harlem, Hudson, Port
28 Jervis, Pascack, and the New Haven commu-
29 ter railroad service regardless of whether
30 the services are provided directly or
31 pursuant to joint service agreements.
32 No expenditure shall be made hereunder until
33 a certificate of approval has been issued
34 by the director of the budget and a copy
35 of such certificate filed with the state
36 comptroller, the chairperson of the senate
37 finance committee and the chairperson of
38 the assembly ways and means committee.
39 Moneys appropriated herein may be made
40 available at such times and upon such
41 conditions as may be deemed appropriate by
42 the commissioner of transportation and the
43 director of the budget in accordance with
44 the following:
45 To the metropolitan transportation authority
46 for the operating expenses of the New York
47 city transit authority, the Manhattan and
48 Bronx surface transit operating authority,
49 and the Staten Island rapid transit oper-
50 ating authority (53173) ..................... 42,011,000
51 --------------
52 § 11. The amounts specified in this section, or so much thereof as
53 shall be sufficient to accomplish the purposes designated, is hereby
A. 7765 35
1 appropriated and authorized to be paid as hereinafter provided, to the
2 public officers and for the purposes specified, which amount shall be
3 available for the state fiscal year beginning April 1, 2025.
4 DEPARTMENT OF MENTAL HYGIENE
5 OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES
6 AID TO LOCALITIES
7 COMMUNITY SERVICES PROGRAM ................................. 302,259,000
8 --------------
9 General Fund
10 Local Assistance Account - 10000
11 For services and expenses of the community
12 services program, net of disallowances,
13 for community programs for people with
14 developmental disabilities pursuant to
15 article 41 of the mental hygiene law,
16 and/or chapter 620 of the laws of 1974,
17 chapter 660 of the laws of 1977, chapter
18 412 of the laws of 1981, chapter 27 of the
19 laws of 1987, chapter 729 of the laws of
20 1989, chapter 329 of the laws of 1993 and
21 other provisions of the mental hygiene
22 law. Notwithstanding any inconsistent
23 provision of law, the following appropri-
24 ation shall be net of prior and/or current
25 year refunds, rebates, reimbursements, and
26 credits.
27 Notwithstanding any other provision of law,
28 advances and reimbursement made pursuant
29 to subdivision (d) of section 41.15 and
30 section 41.18 of the mental hygiene law
31 shall be allocated pursuant to a plan and
32 in a manner prescribed by the agency head
33 and approved by the director of the budg-
34 et. The moneys hereby appropriated are
35 available to reimburse or advance locali-
36 ties and voluntary non-profit agencies for
37 expenditures made during local fiscal
38 periods commencing January 1, 2025, April
39 1, 2025 or July 1, 2025, and for advances
40 for the 3 month period beginning January
41 1, 2026.
42 Notwithstanding the provisions of article 41
43 of the mental hygiene law or any other
44 inconsistent provision of law, rule or
45 regulation, the commissioner, pursuant to
46 such contract and in the manner provided
47 therein, may pay all or a portion of the
48 expenses incurred by such voluntary agen-
49 cies arising out of loans which are funded
50 from the proceeds of bonds and notes
51 issued by the dormitory authority of the
52 state of New York.
A. 7765 36
1 Notwithstanding any other provision of law,
2 the money hereby appropriated may be
3 transferred to state operations and/or any
4 appropriation of the office for people
5 with developmental disabilities with the
6 approval of the director of the budget.
7 Notwithstanding any inconsistent provision
8 of law, moneys from this appropriation may
9 be used for state aid of up to 100 percent
10 of the net deficit costs of day training
11 programs and family support services.
12 Notwithstanding the provisions of section
13 16.23 of the mental hygiene law and any
14 other inconsistent provision of law, with
15 relation to the operation of certified
16 family care homes, including family care
17 homes sponsored by voluntary not-for-pro-
18 fit agencies, moneys from this appropri-
19 ation may be used for payments to purchase
20 general services including but not limited
21 to respite providers, up to a maximum of
22 14 days, at rates to be established by the
23 commissioner and approved by the director
24 of the budget in consideration of factors
25 including, but not limited to, geographic
26 area and number of clients cared for in
27 the home and for payment in an amount
28 determined by the commissioner for the
29 personal needs of each client residing in
30 the family care home.
31 Notwithstanding the provisions of subdivi-
32 sion 12 of section 8 of the state finance
33 law and any other inconsistent provision
34 of law, moneys from this appropriation may
35 be used for expenses of family care homes
36 including payments to operators of certi-
37 fied family care homes for damages caused
38 by clients to personal and real property
39 in accordance with standards established
40 by the commissioner and approved by the
41 director of the budget.
42 Notwithstanding any inconsistent provision
43 of law, moneys from this appropriation may
44 be used for appropriate day program
45 services and residential services includ-
46 ing, but not limited to, direct housing
47 subsidies to individuals, start-up
48 expenses for family care providers, envi-
49 ronmental modifications, adaptive technol-
50 ogies, appraisals, property options,
51 feasibility studies and preoperational
52 expenses.
53 Notwithstanding any inconsistent provision
54 of law except pursuant to a chapter of the
55 laws of 2024 authorizing a 2.84 percent
56 cost of living adjustment, for the period
A. 7765 37
1 commencing on April 1, 2024 and ending
2 March 31, 2025 the commissioner shall not
3 apply any other cost of living adjustment
4 for 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. 7765 38
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 share of medical assistance
32 services expenses incurred by the depart-
33 ment of health for the provision of
34 medical assistance services to people with
35 developmental disabilities (37835) ......... 277,014,000
36 For services and expenses of the community
37 services program, net of disallowances,
38 for community programs for people with
39 developmental disabilities pursuant to
40 article 41 of the mental hygiene law,
41 and/or chapter 620 of the laws of 1974,
42 chapter 660 of the laws of 1977, chapter
43 412 of the laws of 1981, chapter 27 of the
44 laws of 1987, chapter 729 of the laws of
45 1989, chapter 329 of the laws of 1993 and
46 other provisions of the mental hygiene
47 law. Notwithstanding any inconsistent
48 provision of law, the following appropri-
49 ation shall be net of prior and/or current
50 year refunds, rebates, reimbursements, and
51 credits.
52 Notwithstanding any other provision of law,
53 advances and reimbursement made pursuant
54 to subdivision (d) of section 41.15 and
55 section 41.18 of the mental hygiene law
56 shall be allocated pursuant to a plan and
A. 7765 39
1 in a manner prescribed by the agency head
2 and approved by the director of the budg-
3 et. The moneys hereby appropriated are
4 available to reimburse or advance locali-
5 ties and voluntary non-profit agencies for
6 expenditures made during local fiscal
7 periods commencing January 1, 2025, April
8 1, 2025 or July 1, 2025, and for advances
9 for the 3 month period beginning January
10 1, 2026.
11 Notwithstanding the provisions of article 41
12 of the mental hygiene law or any other
13 inconsistent provision of law, rule or
14 regulation, the commissioner, pursuant to
15 such contract and in the manner provided
16 therein, may pay all or a portion of the
17 expenses incurred by such voluntary agen-
18 cies arising out of loans which are funded
19 from the proceeds of bonds and notes
20 issued by the dormitory authority of the
21 state of New York.
22 Notwithstanding any other provision of law,
23 the money hereby appropriated may be
24 transferred to state operations and/or any
25 appropriation of the office for people
26 with developmental disabilities with the
27 approval of the director of the budget.
28 Notwithstanding any inconsistent provision
29 of law, moneys from this appropriation may
30 be used for state aid of up to 100 percent
31 of the net deficit costs of day training
32 programs and family support services.
33 Notwithstanding the provisions of section
34 16.23 of the mental hygiene law and any
35 other inconsistent provision of law, with
36 relation to the operation of certified
37 family care homes, including family care
38 homes sponsored by voluntary not-for-pro-
39 fit agencies, moneys from this appropri-
40 ation may be used for payments to purchase
41 general services including but not limited
42 to respite providers, up to a maximum of
43 14 days, at rates to be established by the
44 commissioner and approved by the director
45 of the budget in consideration of factors
46 including, but not limited to, geographic
47 area and number of clients cared for in
48 the home and for payment in an amount
49 determined by the commissioner for the
50 personal needs of each client residing in
51 the family care home.
52 Notwithstanding the provisions of subdivi-
53 sion 12 of section 8 of the state finance
54 law and any other inconsistent provision
55 of law, moneys from this appropriation may
56 be used for expenses of family care homes
A. 7765 40
1 including payments to operators of certi-
2 fied family care homes for damages caused
3 by clients to personal and real property
4 in accordance with standards established
5 by the commissioner and approved by the
6 director of the budget.
7 Notwithstanding any inconsistent provision
8 of law, moneys from this appropriation may
9 be used for appropriate day program
10 services and residential services includ-
11 ing, but not limited to, direct housing
12 subsidies to individuals, start-up
13 expenses for family care providers, envi-
14 ronmental modifications, adaptive technol-
15 ogies, appraisals, property options,
16 feasibility studies and preoperational
17 expenses.
18 Notwithstanding any inconsistent provision
19 of law except pursuant to a chapter of the
20 laws of 2024 authorizing a 2.84 percent
21 cost of living adjustment, for the period
22 commencing on April 1, 2024 and ending
23 March 31, 2025 the commissioner shall not
24 apply any other cost of living adjustment
25 for 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. 7765 41
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 other provision of law
9 to the contrary, funds appropriated herein
10 are available to reimburse in- and out-of-
11 state private residential schools, pursu-
12 ant to subdivision (c) of section 13.37-a
13 and subdivision (g) of section 13.38 of
14 the mental hygiene law, for costs of
15 supporting the residential and day program
16 services available to individuals who are
17 over the age of 21 years of age, provided
18 that the amount paid for residential
19 services and/or maintenance costs is net
20 of any supplemental security income bene-
21 fit to which the individual receiving
22 services is eligible, and provided further
23 that funding for nonresidential services
24 will be in an amount not to exceed the
25 maximum reimbursement for appropriate day
26 services delivered by the office for
27 people with developmental disabilities
28 certified or approved providers other than
29 in- and out-of-state private residential
30 schools, unless otherwise authorized by
31 the director of the budget.
32 Notwithstanding section 163 of the state
33 finance law, section 142 of the economic
34 development law, and article 41 of the
35 mental hygiene law, the commissioner of
36 the office for people with developmental
37 disabilities may make the funds appropri-
38 ated herein available as state aid, a loan
39 or a grant, pursuant to terms and condi-
40 tions established by the commissioner of
41 the office for people with developmental
42 disabilities, to cover a portion of the
43 development costs of private, public
44 and/or non-profit organizations, including
45 corporations and partnerships established
46 pursuant to the private housing finance
47 law and/or any other statutory provisions,
48 for supportive housing units that have
49 been set aside for individuals with intel-
50 lectual and developmental disabilities.
51 Further, the office for people with develop-
52 mental disabilities shall have a lien on
53 the real property developed with such
54 state aid, loans or grants, which shall be
55 in the amount of the loan or grant, for a
56 maximum term of 30 years, or other longer
A. 7765 42
1 term consistent with the requirements of
2 another regulatory agency.
3 For services and expenses related to the
4 provision of residential services to
5 people with developmental disabilities
6 (37802) ..................................... 14,655,000
7 For services and expenses related to the
8 provision of day program services to
9 people with developmental disabilities
10 (37803) ...................................... 3,600,000
11 For services and expenses related to the
12 provision of family support services to
13 people with developmental disabilities
14 (37804) ...................................... 4,050,000
15 For services and expenses related to the
16 provision of workshop, day training and
17 employment services to people with devel-
18 opmental disabilities. Notwithstanding any
19 other provision of law, up to $800,000 of
20 this appropriation may be transferred to
21 the New York State Education Departments'
22 Adult Career and Continuing Education
23 Services - Vocational Rehabilitation
24 (ACCES-VR) program to support the Long-
25 Term Sheltered Employment program operated
26 by FEDCAP Rehabilitation Services, Inc.
27 (37805) ...................................... 2,340,000
28 For other services and expenses provided to
29 people with developmental disabilities
30 including but not limited to hepatitis B,
31 care at home waiver, epilepsy services,
32 Special Olympics New York, Inc. and volun-
33 tary fingerprinting (37806) .................... 600,000
34 --------------
35 § 12. Section 8 of chapter 113 of the laws of 2025, relating to making
36 appropriations for the support of government, as amended by chapter 118
37 of the laws of 2025, is amended to read as follows:
38 § 8. 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, 2025.
43 DEPARTMENT OF VETERANS' SERVICES
44 AID TO LOCALITIES
45 BLIND VETERAN ANNUITY ASSISTANCE PROGRAM ....................... 385,000
46 --------------
47 General Fund
48 Local Assistance Account - 10000
49 For payment of annuities to blind veterans
50 and eligible surviving spouses. Up to
A. 7765 43
1 $15,000 of this appropriation may be
2 transferred to state operations for admin-
3 istrative costs associated with this
4 program (54606) ................................ 385,000
5 VETERANS' BENEFITS ADVISING PROGRAM ............. [126,000] 210,000
6 --------------
7 Special Revenue Funds - Other
8 Homeless Veterans Assistance Fund
9 Homeless Veterans Assistance Account - 20204
10 For services and expenses related to home-
11 less veterans' housing (54815) .. [126,000] 210,000
12 § 13. No expenditure may be made from any appropriation in this act,
13 until a certificate of approval has been issued by the director of the
14 budget and a copy of such certificate shall have been filed with the
15 state comptroller, the chairman of the senate finance committee and the
16 chairman of the assembly ways and means committee provided, however,
17 that any expenditures from any appropriation in this act made by the
18 legislature or judiciary shall not require such certificate.
19 § 14. All expenditures and disbursements made against the appropri-
20 ations in this act shall, upon final action by the legislature on appro-
21 priation bills submitted by the governor pursuant to article VII of the
22 state constitution for the support of government for the state fiscal
23 year beginning April 1, 2025, be transferred by the comptroller as
24 expenditures and disbursements to such appropriations for all state
25 departments and agencies, as applicable, in amounts equal to the amounts
26 charged against the appropriations in this act for each such department,
27 agency, and the legislature and the judiciary.
28 § 15. Severability clause. If any clause, sentence, paragraph, subdi-
29 vision, section or part of this act shall be adjudged by any court of
30 competent jurisdiction to be invalid, such judgment shall not affect,
31 impair, or invalidate the remainder thereof, but shall be confined in
32 its operation to the clause, sentence, paragraph, subdivision, section
33 or part thereof directly involved in the controversy in which such judg-
34 ment shall have been rendered. It is hereby declared to be the intent of
35 the legislature that this act would have been enacted even if such
36 invalid provisions had not been included herein.
37 § 16. This act shall take effect immediately and shall be deemed to
38 have been in full force and effect on and after April 1, 2025; provided,
39 however, that upon the transfer of expenditures and disbursements by the
40 comptroller as provided in section fourteen of this act, the appropri-
41 ations made by this act and subject to such section shall be deemed
42 repealed.
