STATE OF NEW YORK
________________________________________________________________________
8095
2025-2026 Regular Sessions
IN ASSEMBLY
April 29, 2025
___________
Introduced by M. of A. PRETLOW -- (at request of the Governor) -- read
once and referred to the Committee on Ways and Means
AN ACT making appropriations for the support of government; to amend
chapter 113 of the laws of 2025 making appropriations for the support
of government, in relation thereto; to amend chapter 118 of the laws
of 2025 making appropriations for the support of government, in
relation thereto; to amend chapter 119 of the laws of 2025 making
appropriations for the support of government, in relation thereto; and
providing for the repeal of such provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative intent. The legislature hereby finds and
2 declares that the enactment of these appropriations provides sufficient
3 authority to the comptroller for the purpose of making payments for the
4 purposes described herein until such time as appropriation bills submit-
5 ted by the governor pursuant to article VII of the state constitution
6 for the support of government for the state fiscal year beginning April
7 1, 2025 are enacted.
8 § 2. Section 2 of chapter 113 of the laws of 2025, relating to making
9 appropriations for the support of government, as amended by chapter 123
10 of the laws of 2025, is amended to read as follows:
11 § 2. The amounts specified in this section, or so much thereof as
12 shall be sufficient to accomplish the purposes designated, is hereby
13 appropriated and authorized to be paid as hereinafter provided, to the
14 public officers and for the purpose specified, which amount shall be
15 available for the state fiscal year beginning April 1, 2025.
16 ALL STATE DEPARTMENTS AND AGENCIES
17 For the purpose of making payments for
18 personal service, including liabilities
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12010-01-5
A. 8095 2
1 incurred prior to April 1, 2025, on the
2 payrolls scheduled to be paid during the
3 period April 1 through [April 29] May 1,
4 2025 to state officers and employees of
5 the executive branch, including the gover-
6 nor, lieutenant governor, comptroller, and
7 attorney general, and to employees of the
8 legislature. This appropriation also
9 includes payments for services performed
10 by mentally ill or developmentally disa-
11 bled persons who are employed in state-op-
12 erated special employment, work-for-pay or
13 sheltered workshop programs ..............
14 .......................... [1,336,630,000] 1,631,630,000
15 --------------
16 § 3. Section 3 of chapter 113 of the laws of 2025, relating to making
17 appropriations for the support of government, as amended by chapter 123
18 of the laws of 2025, is amended to read as follows:
19 § 3. The amount specified in this section, or so much thereof as shall
20 be sufficient to accomplish the purpose designated, is hereby appropri-
21 ated and authorized to be paid as hereinafter provided, to the public
22 officers and for the purpose specified, which amount shall be available
23 for the state fiscal year beginning April 1, 2025.
24 ALL STATE DEPARTMENTS AND AGENCIES
25 For the payment of state operations non
26 personal service liabilities to the execu-
27 tive branch, including the comptroller,
28 and the attorney general, and legislature,
29 incurred in the ordinary course of busi-
30 ness, during the period April 1 through
31 [April 29] May 1, 2025, pursuant to exist-
32 ing state law and for purposes for which
33 the legislature authorized the expenditure
34 of moneys during the 2024-2025 state
35 fiscal year; provided, however, that noth-
36 ing contained herein shall be deemed to
37 limit or restrict the power or authority
38 of state departments or agencies to
39 conduct their activities or operations in
40 accordance with existing law, and further
41 provided that nothing contained herein
42 shall be deemed to supersede, nullify or
43 modify the provisions of section 40 of the
44 state finance law prescribing when appro-
45 priations made for the 2024-2025 state
46 fiscal year shall have ceased to have
47 force and effect ............................ 34,000,000
48 --------------
49 § 4. Section 4 of chapter 113 of the laws of 2025, relating to making
50 appropriations for the support of government, as amended by chapter 123
51 of the laws of 2025, is amended to read as follows:
A. 8095 3
1 § 4. The amounts specified in this section, or so much thereof as
2 shall be sufficient to accomplish the purposes designated, is hereby
3 appropriated and authorized to be paid as hereinafter provided, to the
4 public officers and for the purposes specified, which amount shall be
5 available for the state fiscal year beginning April 1, 2025.
6 MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES
7 GENERAL STATE CHARGES
8 STATE OPERATIONS
9 GENERAL STATE CHARGES ....................... [575,295,000] 595,945,000
10 --------------
11 General Fund
12 State Purposes Account - 10050
13 For employee fringe benefits according to
14 the following project schedule including
15 those benefits which are related to
16 employees paid from funds, accounts, or
17 programs where the division of the budget
18 has issued waivers .......... [567,475,000] 588,125,000
19 Project Schedule
20 PROJECT AMOUNT
21 --------------------------------------------
22 For the state's contribution
23 to the health insurance fund
24 and deposit into the retiree
25 health benefit trust fund
26 pursuant to section 99-aa of
27 the state finance law. The
28 state's share of the health
29 insurance program dividends
30 shall be available to pay
31 for the premiums in 2025-26 .. 422,000,000
32 For the state's contribution
33 to the social security
34 contribution fund ..........
35 ................ [99,150,000] 119,450,000
36 For the state's contribution
37 to employee benefit fund
38 programs ...................... 37,500,000
39 For the state's contribution
40 to the dental insurance plan ... 6,000,000
41 For the state's share of
42 contributions to the volun-
43 tary defined contribution
44 plan made on behalf of
45 eligible employees pursuant
46 to chapter 18 of the laws of
47 2012 who elect to partic-
48 ipate in such plan and who
49 are not otherwise eligible
A. 8095 4
1 to participate in the SUNY
2 optional retirement program ..... 558,000
3 For the payment of the metro-
4 politan commuter transporta-
5 tion mobility tax pursuant
6 to article 23 of the tax
7 law, as added by chapter 25
8 of the laws of 2009, on
9 behalf of the state employ-
10 ees employed in the metro-
11 politan commuter transporta-
12 tion district ... [2,250,000] 2,600,000
13 For the state's contribution
14 to the vision care plan ........... 17,000
15 --------------
16 Project schedule total ...
17 ........... [567,475,000] 588,125,000
18 --------------
19 For payments in accordance with section 19-a
20 of the public lands law (80567) .............. 7,720,000
21 For payment of claims for damage to personal
22 or real property or for bodily injuries or
23 wrongful death caused by officers, employ-
24 ees, or other authorized persons providing
25 service to state government while provid-
26 ing such service, and the state university
27 construction fund while acting within the
28 scope of their employment, and while oper-
29 ating motor vehicles, and for any individ-
30 uals operating motor vehicles which are
31 assigned on a permanent basis with unre-
32 stricted use to state officers and employ-
33 ees when the person is permanently
34 assigned the motor vehicle (80559) ............. 100,000
35 --------------
36 § 5. Section 5 of chapter 118 of the laws of 2025, relating to making
37 appropriations for the support of government, as amended by chapter 123
38 of the laws of 2025, is amended to read as follows:
39 § 5. The amounts specified in this section, or so much thereof as
40 shall be sufficient to accomplish the purposes designated, is hereby
41 appropriated and authorized to be paid as hereinafter provided, to the
42 public officers and for the purposes specified, which amount shall be
43 available for the state fiscal year beginning April 1, 2025.
44 JUDICIARY
45 For the purpose of making payments for
46 personal service, including liabilities
47 incurred prior to April 1, 2025, on the
48 payrolls scheduled to be paid during the
49 period April 1 through [April 29] May 1,
50 2025 to officers and employees of the
51 judiciary .................................. 175,000,000
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1 For the payment of state operations nonper-
2 sonal service liabilities, the sum of
3 twenty-five million dollars ($25,000,000),
4 or so much thereof as shall be sufficient
5 to accomplish the purpose designated, is
6 hereby appropriated to the judiciary out
7 of any moneys in the general fund or other
8 funds to the credit of the state purposes
9 account not otherwise appropriated. The
10 comptroller is hereby authorized and
11 directed to utilize this appropriation for
12 the purpose of making payments for nonper-
13 sonal service liabilities incurred by the
14 judiciary from April 1 through [April 29]
15 May 1, 2025 ................................. 25,000,000
16 For the payment of aid to localities liabil-
17 ities, the sum of thirty million dollars
18 ($30,000,000), or so much thereof as shall
19 be sufficient to accomplish the purpose
20 designated, is hereby appropriated to the
21 judiciary out of any moneys in the general
22 fund or other funds to the credit of the
23 state purposes account not otherwise
24 appropriated. The comptroller is hereby
25 authorized and directed to utilize this
26 appropriation for the purpose of making
27 payments for aid to localities liabilities
28 incurred by the judiciary from April 1
29 through [April 29] May 1, 2025 .............. 30,000,000
30 For the payment of employee fringe benefit
31 programs including, but not limited to,
32 the judiciary's contributions to the
33 health insurance fund, the employees'
34 retirement system pension accumulation
35 fund, the social security contribution
36 fund, employee benefit fund programs, the
37 dental insurance plan, the vision care
38 plan, the unemployment insurance fund, and
39 for workers' compensation benefits, the
40 sum of three hundred million dollars
41 ($300,000,000), or so much thereof as
42 shall be sufficient to accomplish the
43 purpose designated, is hereby appropriated
44 to the judiciary out of any moneys in the
45 general fund or other funds to the credit
46 of the state purposes account not other-
47 wise appropriated. The comptroller is
48 hereby authorized and directed to utilize
49 this appropriation for the purpose of
50 making payments for employee fringe bene-
51 fit liabilities incurred by the judiciary
52 from April 1 through [April 29] May 1,
53 2025 ....................................... 300,000,000
54 --------------
A. 8095 6
1 § 6. Section 5 of chapter 113 of the laws of 2025, relating to making
2 appropriations for the support of government, as amended by chapter 123
3 of the laws of 2025, is amended to read as follows:
4 § 5. The amounts specified in this section, or so much thereof as
5 shall be sufficient to accomplish the purposes designated, is hereby
6 appropriated and authorized to be paid as hereinafter provided, to the
7 public officers and for the purposes specified, which amount shall be
8 available for the state fiscal year beginning April 1, 2025.
9 DEPARTMENT OF HEALTH
10 AID TO LOCALITIES
11 CENTER FOR COMMUNITY HEALTH PROGRAM ......... [38,030,000] 40,170,000
12 --------------
13 General Fund
14 Local Assistance Account - 10000
15 For services and expenses related to the
16 Indian health program. The money hereby
17 appropriated shall be for payment of
18 financial assistance heretofore accrued or
19 hereafter to accrue (26840) .................. 7,000,000
20 --------------
21 Special Revenue Funds - Federal
22 Federal USDA-Food and Nutrition Services Fund
23 Federal Food and Nutrition Services Account - 25022
24 For various federal food and nutritional
25 services. The moneys hereby appropriated
26 shall be available for payment of finan-
27 cial assistance heretofore accrued (26986)
28 ............................. [31,030,000] 33,170,000
29 --------------
30 CHILD HEALTH INSURANCE PROGRAM ............................. 109,366,000
31 --------------
32 Special Revenue Funds - Other
33 HCRA Resources Fund
34 Children's Health Insurance Account - 20810
35 The money hereby appropriated is available
36 for payment of aid heretofore accrued or
37 hereafter accrued.
38 Notwithstanding any other provision of law,
39 the money hereby appropriated may be
40 increased or decreased by transfer or
41 suballocation to appropriations of the
42 office of temporary and disability assist-
43 ance, for the reimbursement of local
44 district administrative costs related to
45 children newly enrolled in medicaid whose
46 household income is between 100 percent
A. 8095 7
1 and 133 percent of the federal poverty
2 level.
3 Notwithstanding any provision of law to the
4 contrary, the amounts appropriated herein
5 shall be net of refunds, rebates,
6 reimbursements, credits, repayments,
7 and/or disallowances.
8 For services and expenses related to the
9 children's health insurance program
10 authorized pursuant to title 1-A of arti-
11 cle 25 of the public health law (26931) .... 109,366,000
12 --------------
13 ELDERLY PHARMACEUTICAL INSURANCE COVERAGE PROGRAM ............ 1,520,000
14 --------------
15 Special Revenue Funds - Other
16 HCRA Resources Fund
17 EPIC Premium Account - 20818
18 For services and expenses of the program for
19 elderly pharmaceutical insurance coverage,
20 including reimbursement to pharmacies
21 participating in such program.
22 The moneys hereby appropriated shall be
23 available for payment of financial assist-
24 ance heretofore accrued (26803) .............. 1,520,000
25 MEDICAL ASSISTANCE PROGRAM ............................... 7,541,232,000
26 --------------
27 General Fund
28 Local Assistance Account - 10000
29 For the medical assistance program, includ-
30 ing administrative expenses, for local
31 social services districts, and for medical
32 care rates for authorized child care agen-
33 cies.
34 Notwithstanding section 40 of the state
35 finance law or any provision of law to the
36 contrary, subject to federal approval,
37 department of health state funds medicaid
38 spending, excluding payments for medical
39 services provided at state facilities
40 operated by the office of mental health,
41 the office for people with developmental
42 disabilities and the office of addiction
43 services and supports and further exclud-
44 ing any payments which are not appropri-
45 ated within the department of health, in
46 the aggregate, for the period April 1,
47 2025 through March 31, 2026, shall not
48 exceed $33,417,285,000 except as provided
49 below provided, however, such aggregate
A. 8095 8
1 limits may be adjusted by the director of
2 the budget to account for any changes in
3 the New York state federal medical assist-
4 ance percentage amount established pursu-
5 ant to the federal social security act,
6 increases in provider revenues, reductions
7 in local social services district payments
8 for medical assistance administration,
9 minimum wage increases, and beginning
10 April 1, 2012 the operational costs of the
11 New York state medical indemnity fund,
12 pursuant to chapter 59 of the laws of
13 2011, and state costs or savings from the
14 essential plan program. Such projections
15 may be adjusted by the director of the
16 budget to account for increased or expe-
17 dited department of health state funds
18 medicaid expenditures as a result of a
19 natural or other type of disaster, includ-
20 ing a governmental declaration of emergen-
21 cy.
22 The director of the budget, in consultation
23 with the commissioner of health, shall
24 assess on a quarterly basis known and
25 projected medicaid expenditures by catego-
26 ry of service and by geographic region, as
27 defined by the commissioner, incurred both
28 prior to and subsequent to such assessment
29 for each such period, and if the director
30 of the budget determines that such expend-
31 itures are expected to cause medicaid
32 spending for such period to exceed the
33 aggregate limit specified herein for such
34 period, the state medicaid director, in
35 consultation with the director of the
36 budget and the commissioner of health,
37 shall develop a medicaid savings allo-
38 cation adjustment to limit such spending
39 to the aggregate limit specified herein
40 for such period.
41 Such medicaid savings allocation adjustment
42 shall be designed, to reduce the expendi-
43 tures authorized by the appropriations
44 herein in compliance with the following
45 guidelines: (1) reductions shall be made
46 in compliance with applicable federal law,
47 including the provisions of the Patient
48 Protection and Affordable Care Act, Public
49 Law No. 111-148, and the Health Care and
50 Education Reconciliation Act of 2010,
51 Public Law No. 111-152 (collectively
52 "Affordable Care Act") and any subsequent
53 amendments thereto or regulations promul-
54 gated thereunder; (2) reductions shall be
55 made in a manner that complies with the
56 state medicaid plan approved by the feder-
A. 8095 9
1 al centers for medicare and medicaid
2 services, provided, however, that the
3 commissioner of health is authorized to
4 submit any state plan amendment or seek
5 other federal approval, including waiver
6 authority, to implement the provisions of
7 the medicaid savings allocation adjustment
8 that meets the other criteria set forth
9 herein; (3) reductions shall be made in a
10 manner that maximizes federal financial
11 participation, to the extent practicable,
12 including any federal financial partic-
13 ipation that is available or is reasonably
14 expected to become available, in the
15 discretion of the commissioner, under the
16 Affordable Care Act; (4) reductions shall
17 be made uniformly among categories of
18 services and geographic regions of the
19 state, to the extent practicable, and
20 shall be made uniformly within a category
21 of service, to the extent practicable,
22 except where the commissioner determines
23 that there are sufficient grounds for
24 non-uniformity, including but not limited
25 to: the extent to which specific catego-
26 ries of services contributed to department
27 of health medicaid state funds spending in
28 excess of the limits specified herein; the
29 need to maintain safety net services in
30 underserved communities; or the potential
31 benefits of pursuing innovative payment
32 models contemplated by the Affordable Care
33 Act, in which case such grounds shall be
34 set forth in the medicaid savings allo-
35 cation adjustment; and (5) reductions
36 shall be made in a manner that does not
37 unnecessarily create administrative
38 burdens to medicaid applicants and recipi-
39 ents or providers.
40 The commissioner shall seek the input of the
41 legislature, as well as organizations
42 representing health care providers,
43 consumers, businesses, workers, health
44 insurers, and others with relevant exper-
45 tise, in developing such medicaid savings
46 allocation adjustment, to the extent that
47 all or part of such adjustment, in the
48 discretion of the commissioner, is likely
49 to have a material impact on the overall
50 medicaid program, particular categories of
51 service or particular geographic regions
52 of the state.
53 (a) The commissioner shall post the medicaid
54 savings allocation adjustment on the
55 department of health's website and shall
56 provide written copies of such adjustment
A. 8095 10
1 to the chairs of the senate finance and
2 the assembly ways and means committees at
3 least 30 days before the date on which
4 implementation is expected to begin.
5 (b) The commissioner may revise the medicaid
6 savings allocation adjustment subsequent
7 to the provisions of notice and prior to
8 implementation but needs to provide a new
9 notice pursuant to subparagraph (i) of
10 this paragraph only if the commissioner
11 determines, in his or her discretion, that
12 such revisions materially alter the
13 adjustment.
14 Notwithstanding the provisions of paragraphs
15 (a) and (b) of this subdivision, the
16 commissioner need not seek the input
17 described in paragraph (a) of this subdi-
18 vision or provide notice pursuant to para-
19 graph (b) of this subdivision if, in the
20 discretion of the commissioner, expedited
21 development and implementation of a medi-
22 caid savings allocation adjustment is
23 necessary due to a public health emergen-
24 cy.
25 For purposes of this section, a public
26 health emergency is defined as: (i) a
27 disaster, natural or otherwise, that
28 significantly increases the immediate need
29 for health care personnel in an area of
30 the state; (ii) an event or condition that
31 creates a widespread risk of exposure to a
32 serious communicable disease, or the
33 potential for such widespread risk of
34 exposure; or (iii) any other event or
35 condition determined by the commissioner
36 to constitute an imminent threat to public
37 health.
38 Nothing in this paragraph shall be deemed to
39 prevent all or part of such medicaid
40 savings allocation adjustment from taking
41 effect retroactively to the extent permit-
42 ted by the federal centers for medicare
43 and medicaid services.
44 In accordance with the medicaid savings
45 allocation adjustment, the commissioner of
46 the department of health shall reduce
47 department of health state funds medicaid
48 spending by the amount of the projected
49 overspending through, actions including,
50 but not limited to modifying or suspending
51 reimbursement methods, including but not
52 limited to all fees, premium levels and
53 rates of payment, notwithstanding any
54 provision of law that sets a specific
55 amount or methodology for any such
56 payments or rates of payment; modifying or
A. 8095 11
1 discontinuing medicaid program benefits;
2 seeking all necessary federal approvals,
3 including, but not limited to waivers,
4 waiver amendments; and suspending time
5 frames for notice, approval or certif-
6 ication of rate requirements, notwith-
7 standing any provision of law, rule or
8 regulation to the contrary, including but
9 not limited to sections 2807 and 3614 of
10 the public health law, section 18 of chap-
11 ter 2 of the laws of 1988, and 18 NYCRR
12 505.14(h).
13 The department of health shall prepare a
14 quarterly report that sets forth: (a)
15 known and projected department of health
16 medicaid expenditures as described in
17 subdivision (1) of this section, and
18 factors that could result in medicaid
19 disbursements for the relevant state
20 fiscal year to exceed the projected
21 department of health state funds disburse-
22 ments in the enacted budget financial plan
23 pursuant to subdivision 3 of section 23 of
24 the state finance law, including spending
25 increases or decreases due to: enrollment
26 fluctuations, rate changes, utilization
27 changes, MRT investments, and shift of
28 beneficiaries to managed care; and vari-
29 ations in offline medicaid payments; and
30 (b) the actions taken to implement any
31 medicaid savings allocation adjustment
32 implemented pursuant to subdivision (4) of
33 this section, including information
34 concerning the impact of such actions on
35 each category of service and each
36 geographic region of the state. Each such
37 quarterly report shall be provided to the
38 chairs of the senate finance and the
39 assembly ways and means committees and
40 shall be posted on the department of
41 health's website in a timely manner.
42 The money hereby appropriated is to be
43 available for payment of aid heretofore
44 accrued or hereafter accrued to munici-
45 palities, and to providers of medical
46 services pursuant to section 367-b of the
47 social services law, and for payment of
48 state aid to municipalities and to provid-
49 ers of family care where payment systems
50 through the fiscal intermediaries are not
51 operational.
52 Notwithstanding any inconsistent provision
53 of law to the contrary, funds may be used
54 by the department for outside legal
55 assistance on issues involving the federal
56 government, the conduct of preadmission
A. 8095 12
1 screening and annual resident reviews
2 required by the state's medicaid program,
3 computer matching with insurance carriers
4 to insure that medicaid is the payer of
5 last resort and activities related to the
6 management of the pharmacy benefit avail-
7 able under the medicaid program.
8 Notwithstanding any inconsistent provision
9 of law, in lieu of payments authorized by
10 the social services law, or payments of
11 federal funds otherwise due to the local
12 social services districts for programs
13 provided under the federal social security
14 act or the federal food stamp act, funds
15 herein appropriated, in amounts certified
16 by the state commissioner of temporary and
17 disability assistance or the state commis-
18 sioner of health as due from local social
19 services districts each month as their
20 share of payments made pursuant to section
21 367-b of the social services law may be
22 set aside by the state comptroller in an
23 interest-bearing account in order to
24 ensure the orderly and prompt payment of
25 providers under section 367-b of the
26 social services law pursuant to an esti-
27 mate provided by the commissioner of
28 health of each local social services
29 district's share of payments made pursuant
30 to section 367-b of the social services
31 law.
32 Notwithstanding any inconsistent provision
33 of law, funding made available by these
34 appropriations shall support direct salary
35 costs and related fringe benefits within
36 the medical assistance program associated
37 with any minimum wage increase that takes
38 effect during the timeframe of these
39 appropriations, pursuant to section 652 of
40 the labor law. Each eligible organization
41 in receipt of funding made available by
42 these appropriations may be required to
43 submit written certification, in such form
44 and at such time the commissioner may
45 prescribe, attesting to the total amount
46 of funds used by the eligible organiza-
47 tion, how such funding will be or was used
48 for purposes eligible under these appro-
49 priations and any other reporting deemed
50 necessary by the commissioner. The amounts
51 appropriated herein may include advances
52 to organizations authorized to receive
53 such funds to accomplish this purpose.
54 Notwithstanding any other provision of law,
55 the money hereby appropriated may be
56 increased or decreased by interchange or
A. 8095 13
1 transfer, with any appropriation of the
2 department of health and the office of
3 medicaid inspector general and may be
4 increased or decreased by transfer or
5 suballocation between these appropriated
6 amounts and appropriations of the depart-
7 ment of health state purpose account, the
8 office of mental health, office for people
9 with developmental disabilities, the
10 office of addiction services and supports,
11 the department of family assistance office
12 of temporary and disability assistance,
13 the department of corrections and communi-
14 ty supervision, the office of information
15 technology services, the state university
16 of New York, and office of children and
17 family services, the office of medicaid
18 inspector general, the state education
19 department, and the state office for the
20 aging with the approval of the director of
21 the budget, who shall file such approval
22 with the department of audit and control
23 and copies thereof with the chairman of
24 the senate finance committee and the
25 chairman of the assembly ways and means
26 committee.
27 Notwithstanding any inconsistent provision
28 of law to the contrary, the moneys hereby
29 appropriated may be used for payments to
30 the centers for medicaid and medicare
31 services for obligations incurred related
32 to the pharmaceutical costs of dually
33 eligible medicare/medicaid beneficiaries
34 participating in the medicare drug benefit
35 authorized by P.L. 108-173.
36 Notwithstanding any inconsistent provision
37 of law, the moneys hereby appropriated
38 shall not be used for any existing rates,
39 fees, fee schedule, or procedures which
40 may affect the cost of care and services
41 provided by personal care providers, case
42 managers, health maintenance organiza-
43 tions, out of state medical facilities
44 which provide care and services to resi-
45 dents of the state, providers of transpor-
46 tation services, that are altered,
47 amended, adjusted or otherwise changed by
48 a local social services district unless
49 previously approved by the department of
50 health and the director of the budget.
51 Notwithstanding any inconsistent provision
52 of law to the contrary, funds shall be
53 made available to the commissioner of the
54 office of mental health or the commission-
55 er of the office of addiction services and
56 supports, in consultation with the commis-
A. 8095 14
1 sioner of health and approved by the
2 director of the budget, and consistent
3 with appropriations made therefor, to
4 implement allocation adjustment developed
5 by each such commissioner which shall
6 describe mental health or substance use
7 disorder services that should be developed
8 to meet service needs resulting from the
9 reduction of inpatient behavioral health
10 services provided under the medicaid
11 program, by programs licensed pursuant to
12 article 31 or 32 of the mental hygiene
13 law. Such programs may include programs
14 that are licensed pursuant to both article
15 31 of the mental hygiene law and article
16 28 of the public health law, or certified
17 under both article 32 of the mental
18 hygiene law and article 28 of the public
19 health law.
20 Notwithstanding any inconsistent provision
21 of law, the moneys hereby appropriated may
22 be available for payments associated with
23 the resolution by settlement agreement or
24 judgment of rate appeals and/or litigation
25 where the department of health is a party.
26 For services and expenses of the medical
27 assistance program including hospital
28 inpatient services and general hospitals
29 that are safety-net providers that evince
30 severe financial distress, pursuant to
31 criteria determined by the commissioner,
32 shall be eligible for awards for amounts
33 appropriated herein, to enable such
34 providers to maintain operations and vital
35 services while establishing long term
36 solutions to achieve sustainable health
37 services.
38 Notwithstanding any inconsistent provisions
39 of law, no expenditures shall be used for
40 the medical assistance program for any
41 expenses not explicitly authorized in law
42 without the approval of the director of
43 the budget.
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 (26947) ....................... 101,000,000
53 For services and expenses of the medical
54 assistance program including hospital
55 outpatient and emergency room services.
A. 8095 15
1 Notwithstanding any provision of law to the
2 contrary, the portion of this appropri-
3 ation covering fiscal year 2025-26 shall
4 supersede and replace any duplicative (i)
5 reappropriation for this item covering
6 fiscal year 2025-26, and (ii) appropri-
7 ation for this item covering fiscal year
8 2025-26 set forth in chapter 53 of the
9 laws of 2024 (26948) ........................ 26,080,000
10 For services and expenses of the medical
11 assistance program including clinic
12 services.
13 Notwithstanding any provision of law to the
14 contrary, the portion of this appropri-
15 ation covering fiscal year 2025-26 shall
16 supersede and replace any duplicative (i)
17 reappropriation for this item covering
18 fiscal year 2025-26, and (ii) appropri-
19 ation for this item covering fiscal year
20 2025-26 set forth in chapter 53 of the
21 laws of 2024 (26949) ........................ 47,565,000
22 For services and expenses of the medical
23 assistance program including nursing home
24 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 (26950) ....................... 127,340,000
34 For services and expenses of the medical
35 assistance program including other long
36 term care 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 (26951) ....................... 703,890,000
46 For services and expenses of the medical
47 assistance program including managed care
48 services including regional planning
49 activities of the finger lakes health
50 systems agency, including statewide coor-
51 dination and demonstration of best prac-
52 tices. The department shall make grants
53 within amounts appropriated therefor, to
54 assure high-quality and accessible primary
55 care, to provide technical assistance to
56 support financial and business planning
A. 8095 16
1 for integrated systems of care, and to
2 assist primary care providers in the
3 adoption, implementation, and meaningful
4 use of electronic health record technolo-
5 gy.
6 Notwithstanding any provision of law to the
7 contrary, the portion of this appropri-
8 ation covering fiscal year 2025-26 shall
9 supersede and replace any duplicative (i)
10 reappropriation for this item covering
11 fiscal year 2025-26, and (ii) appropri-
12 ation for this item covering fiscal year
13 2025-26 set forth in chapter 53 of the
14 laws of 2024 (26952) ....................... 434,308,000
15 For services and expenses for health homes
16 including grants to health homes.
17 Notwithstanding any provision of law to the
18 contrary, the portion of this appropri-
19 ation covering fiscal year 2025-26 shall
20 supersede and replace any duplicative (i)
21 reappropriation for this item covering
22 fiscal year 2025-26, and (ii) appropri-
23 ation for this item covering fiscal year
24 2025-26 set forth in chapter 53 of the
25 laws of 2024 (29548) ........................ 15,080,000
26 For services and expenses of the medical
27 assistance program including pharmacy
28 services provided, however, that no funds
29 shall be made available pursuant to this
30 appropriation for any drug not explicitly
31 authorized in any enacted law, rule, or
32 regulation without approval from the
33 director of the budget.
34 Notwithstanding any provision of law to the
35 contrary, the portion of this appropri-
36 ation covering fiscal year 2025-26 shall
37 supersede and replace any duplicative (i)
38 reappropriation for this item covering
39 fiscal year 2025-26, and (ii) appropri-
40 ation for this item covering fiscal year
41 2025-26 set forth in chapter 53 of the
42 laws of 2024 (26953) ....................... 242,380,000
43 For services and expenses of the medical
44 assistance program including transporta-
45 tion services.
46 Notwithstanding any provision of law to the
47 contrary, the portion of this appropri-
48 ation covering fiscal year 2025-26 shall
49 supersede and replace any duplicative (i)
50 reappropriation for this item covering
51 fiscal year 2025-26, and (ii) appropri-
52 ation for this item covering fiscal year
53 2025-26 set forth in chapter 53 of the
54 laws of 2024 (26954) ........................ 35,860,000
A. 8095 17
1 For services and expenses of the medical
2 assistance program including dental
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 (26955) ........................... 410,000
13 For services and expenses of the medical
14 assistance program including non-institu-
15 tional and other spending.
16 The money hereby appropriated is available
17 for payment of liabilities heretofore
18 accrued or hereafter accrued.
19 Notwithstanding any inconsistent provision
20 of law, the money hereby appropriated may
21 be available for payments to any county or
22 public school districts associated with
23 additional claims for school supportive
24 health 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 (26956) ........................ 99,010,000
34 For services and expenses of the medical
35 assistance program including medical
36 services provided at state facilities
37 operated by the office of mental health,
38 the office for people with developmental
39 disabilities and the office of addiction
40 services and supports.
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 (26961) ....................... 417,000,000
50 --------------
51 Special Revenue Funds - Federal
52 Federal Health and Human Services Fund
53 Medicaid Direct Account - 25106
A. 8095 18
1 For services and expenses for the medical
2 assistance program, including administra-
3 tive expenses for local social services
4 districts, pursuant to title XIX of the
5 federal social security act or its succes-
6 sor program.
7 The moneys hereby appropriated are to be
8 available for payment of aid heretofore
9 accrued or hereafter accrued to munici-
10 palities, and to providers of medical
11 services pursuant to section 367-b of the
12 social services law, and for payment of
13 state aid to municipalities and to provid-
14 ers of family care where payment systems
15 through the fiscal intermediaries are not
16 operational.
17 Notwithstanding any inconsistent provision
18 of law, funding made available by these
19 appropriations shall support direct salary
20 costs and related fringe benefits within
21 the medical assistance program associated
22 with any minimum wage increase that takes
23 effect during the timeframe of these
24 appropriations, pursuant to section 652 of
25 the labor law. Each eligible organization
26 in receipt of funding made available by
27 these appropriations may be required to
28 submit written certification, in such form
29 and at such time the commissioner may
30 prescribe, attesting to the total amount
31 of funds used by the eligible organiza-
32 tion, how such funding will be or was used
33 for purposes eligible under these appro-
34 priations and any other reporting deemed
35 necessary by the commissioner. The amounts
36 appropriated herein may include advances
37 to organizations authorized to receive
38 such funds to accomplish this purpose.
39 Notwithstanding any other provision of law,
40 the money hereby appropriated may be
41 increased or decreased by interchange or
42 transfer, with any appropriation of the
43 department of health and the office of
44 medicaid inspector general and may be
45 increased or decreased by transfer or
46 suballocation between these appropriated
47 amounts and appropriations of the office
48 of mental health, office for people with
49 developmental disabilities, the office of
50 addiction services and supports, the
51 department of family assistance office of
52 temporary and disability assistance,
53 office of children and family services,
54 the department of financial services,
55 department of corrections and community
56 supervision, the office of information
A. 8095 19
1 technology services, the state university
2 of New York, the state education depart-
3 ment, and the state office for the aging
4 with the approval of the director of the
5 budget, who shall file such approval with
6 the department of audit and control and
7 copies thereof with the chairman of the
8 senate finance committee and the chairman
9 of the assembly ways and means committee.
10 Notwithstanding any inconsistent provision
11 of law, in lieu of payments authorized by
12 the social services law, or payments of
13 federal funds otherwise due to the local
14 social services districts for programs
15 provided under the federal social security
16 act or the federal food stamp act, funds
17 herein appropriated, in amounts certified
18 by the state commissioner of temporary and
19 disability assistance or the state commis-
20 sioner of health as due from local social
21 services districts each month as their
22 share of payments made pursuant to section
23 367-b of the social services law may be
24 set aside by the state comptroller in an
25 interest-bearing account in order to
26 ensure the orderly and prompt payment of
27 providers under section 367-b of the
28 social services law pursuant to an esti-
29 mate provided by the commissioner of
30 health of each local social services
31 district's share of payments made pursuant
32 to section 367-b of the social services
33 law.
34 Notwithstanding any inconsistent provision
35 of law to the contrary, funds shall be
36 made available to the commissioner of the
37 office of mental health or the commission-
38 er of the office of addiction services and
39 supports, in consultation with the commis-
40 sioner of health and approved by the
41 director of the budget, and consistent
42 with appropriations made therefor, to
43 implement allocation adjustment developed
44 by each such commissioner which shall
45 describe mental health or substance use
46 disorder services that should be developed
47 to meet service needs resulting from the
48 reduction of inpatient behavioral health
49 services provided under the medicaid
50 program, by programs licensed pursuant to
51 article 31 or 32 of the mental hygiene
52 law. Such programs may include programs
53 that are licensed pursuant to both article
54 31 of the mental hygiene law and article
55 28 of the public health law, or certified
56 under both article 32 of the mental
A. 8095 20
1 hygiene law and article 28 of the public
2 health law.
3 Notwithstanding any inconsistent provision
4 of law, the moneys hereby appropriated may
5 be available for payments associated with
6 the resolution by settlement agreement or
7 judgment of rate appeals and/or litigation
8 where the department of health is a party.
9 Notwithstanding any inconsistent
10 provisions of law, no expenditures shall
11 be used for the medical assistance program
12 for any expenses not explicitly authorized
13 in law without the approval of the direc-
14 tor of the budget.
15 For services and expenses of the medical
16 assistance program including hospital
17 inpatient services.
18 Notwithstanding any provision of law to the
19 contrary, the portion of this appropri-
20 ation covering fiscal year 2025-26 shall
21 supersede and replace any duplicative (i)
22 reappropriation for this item covering
23 fiscal year 2025-26, and (ii) appropri-
24 ation for this item covering fiscal year
25 2025-26 set forth in chapter 53 of the
26 laws of 2024 (26947) ....................... 289,070,000
27 For services and expenses of the medical
28 assistance program including hospital
29 outpatient and emergency room services.
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 (26948) ........................ 51,860,000
39 For services and expenses of the medical
40 assistance program including clinic
41 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 (26949) ........................ 84,835,000
51 For services and expenses of the medical
52 assistance program including nursing home
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. 8095 21
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 (26950) ....................... 396,795,000
7 For services and expenses of the medical
8 assistance program including other long
9 term care services.
10 Notwithstanding any provision of law to the
11 contrary, the portion of this appropri-
12 ation covering fiscal year 2025-26 shall
13 supersede and replace any duplicative (i)
14 reappropriation for this item covering
15 fiscal year 2025-26, and (ii) appropri-
16 ation for this item covering fiscal year
17 2025-26 set forth in chapter 53 of the
18 laws of 2024 (26951) ..................... 1,323,939,000
19 For services and expenses of the medical
20 assistance program including managed care
21 services including regional planning
22 activities of the finger lakes health
23 systems agency, including statewide coor-
24 dination and demonstration of best prac-
25 tices. The department shall make grants
26 within amounts appropriated therefor, to
27 assure high-quality and accessible primary
28 care, to provide technical assistance to
29 support financial and business planning
30 for integrated systems of care, and to
31 assist primary care providers in the
32 adoption, implementation, and meaningful
33 use of electronic health record technolo-
34 gy.
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 (26952) ..................... 1,508,290,000
44 For services and expenses of the medical
45 assistance program including pharmacy
46 services, provided, however, that no funds
47 shall be made available pursuant to this
48 appropriation for any drug not explicitly
49 authorized in any heretofore enacted law,
50 rule, or regulation without approval from
51 the director of the budget.
52 Notwithstanding any provision of law to the
53 contrary, the portion of this appropri-
54 ation covering fiscal year 2025-26 shall
55 supersede and replace any duplicative (i)
56 reappropriation for this item covering
A. 8095 22
1 fiscal year 2025-26, and (ii) appropri-
2 ation for this item covering fiscal year
3 2025-26 set forth in chapter 53 of the
4 laws of 2024 (26953) ....................... 463,080,000
5 For services and expenses of the medical
6 assistance program including transporta-
7 tion services.
8 Notwithstanding any provision of law to the
9 contrary, the portion of this appropri-
10 ation covering fiscal year 2025-26 shall
11 supersede and replace any duplicative (i)
12 reappropriation for this item covering
13 fiscal year 2025-26, and (ii) appropri-
14 ation for this item covering fiscal year
15 2025-26 set forth in chapter 53 of the
16 laws of 2024 (26954) ........................ 61,175,000
17 For services and expenses of the medical
18 assistance program including dental
19 services.
20 Notwithstanding any provision of law to the
21 contrary, the portion of this appropri-
22 ation covering fiscal year 2025-26 shall
23 supersede and replace any duplicative (i)
24 reappropriation for this item covering
25 fiscal year 2025-26, and (ii) appropri-
26 ation for this item covering fiscal year
27 2025-26 set forth in chapter 53 of the
28 laws of 2024 (26955) ......................... 7,110,000
29 For services and expenses of the medical
30 assistance program including noninstitu-
31 tional and other spending.
32 The money hereby appropriated is available
33 for payment of liabilities heretofore
34 accrued or hereafter accrued.
35 Notwithstanding any 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 (26956) ....................... 688,155,000
44 For services and expenses of the medical
45 assistance program including medical
46 services provided at state facilities
47 operated by the office of mental health,
48 the office for people with developmental
49 disabilities and the office of addiction
50 services and supports.
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. 8095 23
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 (26961) ....................... 417,000,000
5 --------------
6 § 7. Section 6 of chapter 113 of the laws of 2025, relating to making
7 appropriations for the support of government, as amended by chapter 123
8 of the laws of 2025, is amended to read as follows:
9 § 6. The amounts specified in this section, or so much thereof as
10 shall be sufficient to accomplish the purposes designated, is hereby
11 appropriated and authorized to be paid as hereinafter provided, to the
12 public officers and for the purposes specified, which amount shall be
13 available for the state fiscal year beginning April 1, 2025.
14 DEPARTMENT OF LABOR
15 AID TO LOCALITIES
16 UNEMPLOYMENT INSURANCE BENEFIT PROGRAM ..... [855,000,000] 945,000,000
17 --------------
18 Enterprise Funds
19 Unemployment Insurance Benefit Fund
20 Unemployment Insurance Benefit Account - 50650
21 For payment of unemployment insurance bene-
22 fits pursuant to article 18 of the labor
23 law or as authorized by the federal
24 government through the disaster unemploy-
25 ment assistance program, the emergency
26 unemployment compensation program, the
27 extended benefit program, the federal
28 additional compensation program or any
29 other federally funded unemployment bene-
30 fit program (34787) ........ [855,000,000] 945,000,000
31 § 8. Section 11 of chapter 119 of the laws of 2025, relating to making
32 appropriations for the support of government, as amended by chapter 123
33 of the laws of 2025, is amended to read as follows:
34 § 11. The amounts specified in this section, or so much thereof as
35 shall be sufficient to accomplish the purposes designated, is hereby
36 appropriated and authorized to be paid as hereinafter provided, to the
37 public officers and for the purposes specified, which amount shall be
38 available for the state fiscal year beginning April 1, 2025.
39 DEPARTMENT OF MENTAL HYGIENE
40 OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES
41 AID TO LOCALITIES
42 COMMUNITY SERVICES PROGRAM ................. [418,159,000] 421,525,000
43 --------------
44 General Fund
45 Local Assistance Account - 10000
A. 8095 24
1 For services and expenses of the community
2 services program, net of disallowances,
3 for community programs for people with
4 developmental disabilities pursuant to
5 article 41 of the mental hygiene law,
6 and/or chapter 620 of the laws of 1974,
7 chapter 660 of the laws of 1977, chapter
8 412 of the laws of 1981, chapter 27 of the
9 laws of 1987, chapter 729 of the laws of
10 1989, chapter 329 of the laws of 1993 and
11 other provisions of the mental hygiene
12 law. Notwithstanding any inconsistent
13 provision of law, the following appropri-
14 ation shall be net of prior and/or current
15 year refunds, rebates, reimbursements, and
16 credits.
17 Notwithstanding any other provision of law,
18 advances and reimbursement made pursuant
19 to subdivision (d) of section 41.15 and
20 section 41.18 of the mental hygiene law
21 shall be allocated pursuant to a plan and
22 in a manner prescribed by the agency head
23 and approved by the director of the budg-
24 et. The moneys hereby appropriated are
25 available to reimburse or advance locali-
26 ties and voluntary non-profit agencies for
27 expenditures made during local fiscal
28 periods commencing January 1, 2025, April
29 1, 2025 or July 1, 2025, and for advances
30 for the 3 month period beginning January
31 1, 2026.
32 Notwithstanding the provisions of article 41
33 of the mental hygiene law or any other
34 inconsistent provision of law, rule or
35 regulation, the commissioner, pursuant to
36 such contract and in the manner provided
37 therein, may pay all or a portion of the
38 expenses incurred by such voluntary agen-
39 cies arising out of loans which are funded
40 from the proceeds of bonds and notes
41 issued by the dormitory authority of the
42 state of New York.
43 Notwithstanding any other provision of law,
44 the money hereby appropriated may be
45 transferred to state operations and/or any
46 appropriation of the office for people
47 with developmental disabilities with the
48 approval of the director of the budget.
49 Notwithstanding any inconsistent provision
50 of law, moneys from this appropriation may
51 be used for state aid of up to 100 percent
52 of the net deficit costs of day training
53 programs and family support services.
54 Notwithstanding the provisions of section
55 16.23 of the mental hygiene law and any
56 other inconsistent provision of law, with
A. 8095 25
1 relation to the operation of certified
2 family care homes, including family care
3 homes sponsored by voluntary not-for-pro-
4 fit agencies, moneys from this appropri-
5 ation may be used for payments to purchase
6 general services including but not limited
7 to respite providers, up to a maximum of
8 14 days, at rates to be established by the
9 commissioner and approved by the director
10 of the budget in consideration of factors
11 including, but not limited to, geographic
12 area and number of clients cared for in
13 the home and for payment in an amount
14 determined by the commissioner for the
15 personal needs of each client residing in
16 the family care home.
17 Notwithstanding the provisions of subdivi-
18 sion 12 of section 8 of the state finance
19 law and any other inconsistent provision
20 of law, moneys from this appropriation may
21 be used for expenses of family care homes
22 including payments to operators of certi-
23 fied family care homes for damages caused
24 by clients to personal and real property
25 in accordance with standards established
26 by the commissioner and approved by the
27 director of the budget.
28 Notwithstanding any inconsistent provision
29 of law, moneys from this appropriation may
30 be used for appropriate day program
31 services and residential services includ-
32 ing, but not limited to, direct housing
33 subsidies to individuals, start-up
34 expenses for family care providers, envi-
35 ronmental modifications, adaptive technol-
36 ogies, appraisals, property options,
37 feasibility studies and preoperational
38 expenses.
39 Notwithstanding any inconsistent provision
40 of law except pursuant to a chapter of the
41 laws of 2024 authorizing a 2.84 percent
42 cost of living adjustment, for the period
43 commencing on April 1, 2024 and ending
44 March 31, 2025 the commissioner shall not
45 apply any other cost of living adjustment
46 for the purpose of establishing rates of
47 payments, contracts or any other form of
48 reimbursement; provided that this shall
49 not prevent the commissioner from applying
50 prior adjustments for the purpose of
51 establishing rates resulting from a rebas-
52 ing of base year costs.
53 Notwithstanding section 6908 of the educa-
54 tion law and any other provision of law,
55 rule or regulation to the contrary, direct
56 support staff in programs certified or
A. 8095 26
1 approved by the office for people with
2 developmental disabilities, including the
3 home and community based services waiver
4 programs that the office for people with
5 developmental disabilities is authorized
6 to administer with federal approval pursu-
7 ant to subdivision (c) of section 1915 of
8 the federal social security act, are
9 authorized to provide such tasks as OPWDD
10 may specify when performed under the
11 supervision, training and periodic
12 inspection of a registered professional
13 nurse and in accordance with an authorized
14 practitioner's ordered care.
15 Notwithstanding any other provision of law
16 to the contrary, and consistent with
17 section 33.07 of the mental hygiene law,
18 the directors of facilities licensed but
19 not operated by the office for people with
20 developmental disabilities who act as
21 federally-appointed representative payees
22 and who assume management responsibility
23 over the funds of a resident may continue
24 to use such funds for the cost of the
25 resident's care and treatment, consistent
26 with federal law and regulations.
27 Funds appropriated herein shall be available
28 in accordance with the following:
29 Notwithstanding any inconsistent provision
30 of law, the director of the budget is
31 authorized to make suballocations from
32 this appropriation to the department of
33 health medical assistance program.
34 Notwithstanding any inconsistent provision
35 of law, and pursuant to criteria estab-
36 lished by the commissioner of the office
37 for people with developmental disabilities
38 and approved by the director of the budg-
39 et, expenditures may be made from this
40 appropriation for residential facilities
41 which are pending recertification as
42 intermediate care facilities for people
43 with developmental disabilities.
44 Notwithstanding the provisions of section
45 41.36 of the mental hygiene law and any
46 other inconsistent provision of law,
47 moneys from this appropriation may be used
48 for payment up to $250 per year per
49 client, at such times and in such manner
50 as determined by the commissioner on the
51 basis of financial need for the personal
52 needs of each client residing in voluntar-
53 y-operated community residences and volun-
54 tary-operated community residential alter-
55 natives, including individualized
56 residential alternatives under the home
A. 8095 27
1 and community based services waiver. The
2 commissioner shall, subject to the
3 approval of the director of the budget,
4 alter existing advance payment schedules
5 for voluntary-operated community resi-
6 dences established pursuant to section
7 41.36 of the mental hygiene law.
8 Notwithstanding any inconsistent provision
9 of law, moneys from this appropriation may
10 be used for the operation of clinics
11 licensed pursuant to article 16 of the
12 mental hygiene law including, but not
13 limited to, supportive and habilitative
14 services consistent with the home and
15 community based services waiver.
16 For the state share of medical assistance
17 services expenses incurred by the depart-
18 ment of health for the provision of
19 medical assistance services to people with
20 developmental disabilities (37835) ......... 369,352,000
21 For services and expenses of the community
22 services program, net of disallowances,
23 for community programs for people with
24 developmental disabilities pursuant to
25 article 41 of the mental hygiene law,
26 and/or chapter 620 of the laws of 1974,
27 chapter 660 of the laws of 1977, chapter
28 412 of the laws of 1981, chapter 27 of the
29 laws of 1987, chapter 729 of the laws of
30 1989, chapter 329 of the laws of 1993 and
31 other provisions of the mental hygiene
32 law. Notwithstanding any inconsistent
33 provision of law, the following appropri-
34 ation shall be net of prior and/or current
35 year refunds, rebates, reimbursements, and
36 credits.
37 Notwithstanding any other provision of law,
38 advances and reimbursement made pursuant
39 to subdivision (d) of section 41.15 and
40 section 41.18 of the mental hygiene law
41 shall be allocated pursuant to a plan and
42 in a manner prescribed by the agency head
43 and approved by the director of the budg-
44 et. The moneys hereby appropriated are
45 available to reimburse or advance locali-
46 ties and voluntary non-profit agencies for
47 expenditures made during local fiscal
48 periods commencing January 1, 2025, April
49 1, 2025 or July 1, 2025, and for advances
50 for the 3 month period beginning January
51 1, 2026.
52 Notwithstanding the provisions of article 41
53 of the mental hygiene law or any other
54 inconsistent provision of law, rule or
55 regulation, the commissioner, pursuant to
56 such contract and in the manner provided
A. 8095 28
1 therein, may pay all or a portion of the
2 expenses incurred by such voluntary agen-
3 cies arising out of loans which are funded
4 from the proceeds of bonds and notes
5 issued by the dormitory authority of the
6 state of New York.
7 Notwithstanding any other provision of law,
8 the money hereby appropriated may be
9 transferred to state operations and/or any
10 appropriation of the office for people
11 with developmental disabilities with the
12 approval of the director of the budget.
13 Notwithstanding any inconsistent provision
14 of law, moneys from this appropriation may
15 be used for state aid of up to 100 percent
16 of the net deficit costs of day training
17 programs and family support services.
18 Notwithstanding the provisions of section
19 16.23 of the mental hygiene law and any
20 other inconsistent provision of law, with
21 relation to the operation of certified
22 family care homes, including family care
23 homes sponsored by voluntary not-for-pro-
24 fit agencies, moneys from this appropri-
25 ation may be used for payments to purchase
26 general services including but not limited
27 to respite providers, up to a maximum of
28 14 days, at rates to be established by the
29 commissioner and approved by the director
30 of the budget in consideration of factors
31 including, but not limited to, geographic
32 area and number of clients cared for in
33 the home and for payment in an amount
34 determined by the commissioner for the
35 personal needs of each client residing in
36 the family care home.
37 Notwithstanding the provisions of subdivi-
38 sion 12 of section 8 of the state finance
39 law and any other inconsistent provision
40 of law, moneys from this appropriation may
41 be used for expenses of family care homes
42 including payments to operators of certi-
43 fied family care homes for damages caused
44 by clients to personal and real property
45 in accordance with standards established
46 by the commissioner and approved by the
47 director of the budget.
48 Notwithstanding any inconsistent provision
49 of law, moneys from this appropriation may
50 be used for appropriate day program
51 services and residential services includ-
52 ing, but not limited to, direct housing
53 subsidies to individuals, start-up
54 expenses for family care providers, envi-
55 ronmental modifications, adaptive technol-
56 ogies, appraisals, property options,
A. 8095 29
1 feasibility studies and preoperational
2 expenses.
3 Notwithstanding any inconsistent provision
4 of law except pursuant to a chapter of the
5 laws of 2024 authorizing a 2.84 percent
6 cost of living adjustment, for the period
7 commencing on April 1, 2024 and ending
8 March 31, 2025 the commissioner shall not
9 apply any other cost of living adjustment
10 for the purpose of establishing rates of
11 payments, contracts or any other form of
12 reimbursement; provided that this shall
13 not prevent the commissioner from applying
14 prior adjustments for the purpose of
15 establishing rates resulting from a rebas-
16 ing of base year costs.
17 Notwithstanding section 6908 of the educa-
18 tion law and any other provision of law,
19 rule or regulation to the contrary, direct
20 support staff in programs certified or
21 approved by the office for people with
22 developmental disabilities, including the
23 home and community based services waiver
24 programs that the office for people with
25 developmental disabilities is authorized
26 to administer with federal approval pursu-
27 ant to subdivision (c) of section 1915 of
28 the federal social security act, are
29 authorized to provide such tasks as OPWDD
30 may specify when performed under the
31 supervision, training and periodic
32 inspection of a registered professional
33 nurse and in accordance with an authorized
34 practitioner's ordered care.
35 Notwithstanding any other provision of law
36 to the contrary, and consistent with
37 section 33.07 of the mental hygiene law,
38 the directors of facilities licensed but
39 not operated by the office for people with
40 developmental disabilities who act as
41 federally-appointed representative payees
42 and who assume management responsibility
43 over the funds of a resident may continue
44 to use such funds for the cost of the
45 resident's care and treatment, consistent
46 with federal law and regulations.
47 Funds appropriated herein shall be available
48 in accordance with the following:
49 Notwithstanding any other provision of law
50 to the contrary, funds appropriated herein
51 are available to reimburse in- and out-of-
52 state private residential schools, pursu-
53 ant to subdivision (c) of section 13.37-a
54 and subdivision (g) of section 13.38 of
55 the mental hygiene law, for costs of
56 supporting the residential and day program
A. 8095 30
1 services available to individuals who are
2 over the age of 21 years of age, provided
3 that the amount paid for residential
4 services and/or maintenance costs is net
5 of any supplemental security income bene-
6 fit to which the individual receiving
7 services is eligible, and provided further
8 that funding for nonresidential services
9 will be in an amount not to exceed the
10 maximum reimbursement for appropriate day
11 services delivered by the office for
12 people with developmental disabilities
13 certified or approved providers other than
14 in- and out-of-state private residential
15 schools, unless otherwise authorized by
16 the director of the budget.
17 Notwithstanding section 163 of the state
18 finance law, section 142 of the economic
19 development law, and article 41 of the
20 mental hygiene law, the commissioner of
21 the office for people with developmental
22 disabilities may make the funds appropri-
23 ated herein available as state aid, a loan
24 or a grant, pursuant to terms and condi-
25 tions established by the commissioner of
26 the office for people with developmental
27 disabilities, to cover a portion of the
28 development costs of private, public
29 and/or non-profit organizations, including
30 corporations and partnerships established
31 pursuant to the private housing finance
32 law and/or any other statutory provisions,
33 for supportive housing units that have
34 been set aside for individuals with intel-
35 lectual and developmental disabilities.
36 Further, the office for people with develop-
37 mental disabilities shall have a lien on
38 the real property developed with such
39 state aid, loans or grants, which shall be
40 in the amount of the loan or grant, for a
41 maximum term of 30 years, or other longer
42 term consistent with the requirements of
43 another regulatory agency.
44 For services and expenses related to the
45 provision of residential services to
46 people with developmental disabilities
47 (37802) ..................... [28,333,000] 30,287,000
48 For services and expenses related to the
49 provision of day program services to
50 people with developmental disabilities
51 (37803) ...................... [6,960,000] 7,440,000
52 For services and expenses related to the
53 provision of family support services to
54 people with developmental disabilities
55 (37804) ...................... [7,830,000] 8,370,000
A. 8095 31
1 For services and expenses related to the
2 provision of workshop, day training and
3 employment services to people with devel-
4 opmental disabilities. Notwithstanding any
5 other provision of law, up to $800,000 of
6 this appropriation may be transferred to
7 the New York State Education Departments'
8 Adult Career and Continuing Education
9 Services - Vocational Rehabilitation
10 (ACCES-VR) program to support the Long-
11 Term Sheltered Employment program operated
12 by FEDCAP Rehabilitation Services, Inc.
13 (37805) ...................... [4,524,000] 4,836,000
14 For other services and expenses provided to
15 people with developmental disabilities
16 including but not limited to hepatitis B,
17 care at home waiver, epilepsy services,
18 Special Olympics New York, Inc. and volun-
19 tary fingerprinting (37806) .. [1,160,000] 1,240,000
20 --------------
21 § 9. Section 8 of chapter 113 of the laws of 2025, relating to making
22 appropriations for the support of government, as amended by chapter 123
23 of the laws of 2025, is amended to read as follows:
24 § 8. The amounts specified in this section, or so much thereof as
25 shall be sufficient to accomplish the purposes designated, is hereby
26 appropriated and authorized to be paid as hereinafter provided, to the
27 public officers and for the purposes specified, which amount shall be
28 available for the state fiscal year beginning April 1, 2025.
29 DEPARTMENT OF VETERANS' SERVICES
30 AID TO LOCALITIES
31 BLIND VETERAN ANNUITY ASSISTANCE PROGRAM ....................... 385,000
32 --------------
33 General Fund
34 Local Assistance Account - 10000
35 For payment of annuities to blind veterans
36 and eligible surviving spouses. Up to
37 $15,000 of this appropriation may be
38 transferred to state operations for admin-
39 istrative costs associated with this
40 program (54606) ................................ 385,000
41 VETERANS' BENEFITS ADVISING PROGRAM ............. [406,000] 434,000
42 --------------
43 Special Revenue Funds - Other
44 Homeless Veterans Assistance Fund
45 Homeless Veterans Assistance Account - 20204
A. 8095 32
1 For services and expenses related to home-
2 less veterans' housing (54815) .. [406,000] 434,000
3 § 10. No expenditure may be made from any appropriation in this act,
4 until a certificate of approval has been issued by the director of the
5 budget and a copy of such certificate shall have been filed with the
6 state comptroller, the chairman of the senate finance committee and the
7 chairman of the assembly ways and means committee provided, however,
8 that any expenditures from any appropriation in this act made by the
9 legislature or judiciary shall not require such certificate.
10 § 11. All expenditures and disbursements made against the appropri-
11 ations in this act shall, upon final action by the legislature on appro-
12 priation bills submitted by the governor pursuant to article VII of the
13 state constitution for the support of government for the state fiscal
14 year beginning April 1, 2025, be transferred by the comptroller as
15 expenditures and disbursements to such appropriations for all state
16 departments and agencies, as applicable, in amounts equal to the amounts
17 charged against the appropriations in this act for each such department,
18 agency, and the legislature and the judiciary.
19 § 12. Severability clause. If any clause, sentence, paragraph, subdi-
20 vision, section or part of this act shall be adjudged by any court of
21 competent jurisdiction to be invalid, such judgment shall not affect,
22 impair, or invalidate the remainder thereof, but shall be confined in
23 its operation to the clause, sentence, paragraph, subdivision, section
24 or part thereof directly involved in the controversy in which such judg-
25 ment shall have been rendered. It is hereby declared to be the intent of
26 the legislature that this act would have been enacted even if such
27 invalid provisions had not been included herein.
28 § 13. This act shall take effect immediately and shall be deemed to
29 have been in full force and effect on and after April 1, 2025; provided,
30 however, that upon the transfer of expenditures and disbursements by the
31 comptroller as provided in section eleven of this act, the appropri-
32 ations made by this act and subject to such section shall be deemed
33 repealed.
