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A08115 Summary:

BILL NOA08115
 
SAME ASSAME AS S07707
 
SPONSORPretlow
 
COSPNSR
 
MLTSPNSR
 
Amd §§2, 3, 5, 6 & 8, Chap 113 of 2025; amd §5, Chap 118 of 2025; amd §11, Chap 119 of 2025
 
Provides for emergency appropriation through May 7, 2025 for the support of government.
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A08115 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8115
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                       May 1, 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  124
    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.
                                                                   LBD12011-01-5

        A. 8115                             2
 
     1    incurred  prior  to  April 1, 2025, on the
     2    payrolls scheduled to be paid  during  the
     3    period  April 1 through May [1] 7, 2025 to
     4    state officers and employees of the execu-
     5    tive branch, including the governor, lieu-
     6    tenant governor, comptroller, and attorney
     7    general,  and to employees of the legisla-
     8    ture.  This  appropriation  also  includes
     9    payments for services performed by mental-
    10    ly ill or developmentally disabled persons
    11    who are employed in state-operated special
    12    employment,   work-for-pay   or  sheltered
    13    workshop programs ........................
    14    .......................... [1,631,630,000] 1,978,430,000
    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 124
    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    May  [1]  6,  2025,  pursuant  to existing
    32    state law and for purposes for  which  the
    33    legislature  authorized the expenditure of
    34    moneys during the 2024-2025  state  fiscal
    35    year;   provided,  however,  that  nothing
    36    contained herein shall be deemed to  limit
    37    or  restrict  the  power  or  authority of
    38    state departments or agencies  to  conduct
    39    their  activities or operations in accord-
    40    ance  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 5 of chapter 118 of the laws of 2025, relating to  making
    50  appropriations  for the support of government, as amended by chapter 124
    51  of the laws of 2025, is amended to read as follows:

        A. 8115                             3
 
     1    § 5. 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                                  JUDICIARY
 
     7  For  the  purpose  of  making  payments  for
     8    personal  service,  including  liabilities
     9    incurred  prior  to  April 1, 2025, on the
    10    payrolls scheduled to be paid  during  the
    11    period  April 1 through May [1] 7, 2025 to
    12    officers and employees of the judiciary ..
    13    ............................. [175,000,000]  265,000,000
    14  For the payment of state operations  nonper-
    15    sonal  service  liabilities,  the  sum  of
    16    twenty-five million dollars ($25,000,000),
    17    or so much thereof as shall be  sufficient
    18    to  accomplish  the purpose designated, is
    19    hereby appropriated to the  judiciary  out
    20    of any moneys in the general fund or other
    21    funds  to the credit of the state purposes
    22    account not  otherwise  appropriated.  The
    23    comptroller   is   hereby  authorized  and
    24    directed to utilize this appropriation for
    25    the purpose of making payments for nonper-
    26    sonal service liabilities incurred by  the
    27    judiciary  from April 1 through May [1] 6,
    28    2025 ........................................ 25,000,000
    29  For the payment of aid to localities liabil-
    30    ities, the sum of thirty  million  dollars
    31    ($30,000,000), or so much thereof as shall
    32    be  sufficient  to  accomplish the purpose
    33    designated, is hereby appropriated to  the
    34    judiciary out of any moneys in the general
    35    fund  or  other funds to the credit of the
    36    state  purposes  account   not   otherwise
    37    appropriated.  The  comptroller  is hereby
    38    authorized and directed  to  utilize  this
    39    appropriation  for  the  purpose of making
    40    payments for aid to localities liabilities
    41    incurred by the  judiciary  from  April  1
    42    through May [1] 6, 2025 ..................... 30,000,000
    43  For  the  payment of employee fringe benefit
    44    programs including, but  not  limited  to,
    45    the   judiciary's   contributions  to  the
    46    health  insurance  fund,  the   employees'
    47    retirement   system  pension  accumulation
    48    fund,  the  social  security  contribution
    49    fund,  employee benefit fund programs, the
    50    dental insurance  plan,  the  vision  care
    51    plan, the unemployment insurance fund, and
    52    for  workers'  compensation  benefits, the
    53    sum  of  three  hundred  million   dollars
    54    ($300,000,000),  or  so  much  thereof  as

        A. 8115                             4
 
     1    shall  be  sufficient  to  accomplish  the
     2    purpose designated, is hereby appropriated
     3    to  the judiciary out of any moneys in the
     4    general  fund or other funds to the credit
     5    of the state purposes account  not  other-
     6    wise   appropriated.  The  comptroller  is
     7    hereby authorized and directed to  utilize
     8    this  appropriation  for  the  purpose  of
     9    making payments for employee fringe  bene-
    10    fit  liabilities incurred by the judiciary
    11    from April 1 through May [1] 6, 2025 ....... 300,000,000
    12                                              --------------
 
    13    § 5. Section 5 of chapter 113 of the laws of 2025, relating to  making
    14  appropriations  for the support of government, as amended by chapter 124
    15  of the laws of 2025, is amended to read as follows:
    16    § 5. The amounts specified in this section,  or  so  much  thereof  as
    17  shall  be  sufficient  to  accomplish the purposes designated, is hereby
    18  appropriated and authorized to be paid as hereinafter provided,  to  the
    19  public  officers  and  for the purposes specified, which amount shall be
    20  available for the state fiscal year beginning April 1, 2025.
 
    21                            DEPARTMENT OF HEALTH
 
    22                              AID TO LOCALITIES
 
    23  CENTER FOR COMMUNITY HEALTH PROGRAM ......... [40,170,000]    44,450,000
    24                                              --------------
 
    25    General Fund
    26    Local Assistance Account - 10000
 
    27  For services and  expenses  related  to  the
    28    Indian  health  program.  The money hereby
    29    appropriated  shall  be  for  payment   of
    30    financial assistance heretofore accrued or
    31    hereafter to accrue (26840) .................. 7,000,000
    32                                              --------------
 
    33    Special Revenue Funds - Federal
    34    Federal USDA-Food and Nutrition Services Fund
    35    Federal Food and Nutrition Services Account - 25022
 
    36  For  various  federal  food  and nutritional
    37    services. The moneys  hereby  appropriated
    38    shall  be  available for payment of finan-
    39    cial assistance heretofore accrued (26986)
    40    ............................. [33,170,000]    37,450,000
    41                                --------------
 
    42  CHILD HEALTH INSURANCE PROGRAM ............................. 109,366,000
    43                                                            --------------
 
    44    Special Revenue Funds - Other
    45    HCRA Resources Fund
    46    Children's Health Insurance Account - 20810

        A. 8115                             5
 
     1  The money hereby appropriated  is  available
     2    for  payment  of aid heretofore accrued or
     3    hereafter accrued.
     4  Notwithstanding  any other provision of law,
     5    the  money  hereby  appropriated  may   be
     6    increased  or  decreased  by  transfer  or
     7    suballocation  to  appropriations  of  the
     8    office of temporary and disability assist-
     9    ance,   for  the  reimbursement  of  local
    10    district administrative costs  related  to
    11    children  newly enrolled in medicaid whose
    12    household income is  between  100  percent
    13    and  133  percent  of  the federal poverty
    14    level.
    15  Notwithstanding any provision of law to  the
    16    contrary,  the amounts appropriated herein
    17    shall  be   net   of   refunds,   rebates,
    18    reimbursements,    credits,    repayments,
    19    and/or disallowances.
    20  For services and  expenses  related  to  the
    21    children's    health   insurance   program
    22    authorized pursuant to title 1-A of  arti-
    23    cle 25 of the public health law (26931) .... 109,366,000
    24                                              --------------
 
    25  ELDERLY PHARMACEUTICAL INSURANCE COVERAGE PROGRAM ............ 1,520,000
    26                                                            --------------
 
    27    Special Revenue Funds - Other
    28    HCRA Resources Fund
    29    EPIC Premium Account - 20818
 
    30  For services and expenses of the program for
    31    elderly pharmaceutical insurance coverage,
    32    including   reimbursement   to  pharmacies
    33    participating in such program.
    34  The  moneys  hereby  appropriated  shall  be
    35    available for payment of financial assist-
    36    ance heretofore accrued (26803) .............. 1,520,000
 
    37  MEDICAL ASSISTANCE PROGRAM ............... [7,541,232,000] 7,793,997,000
    38                                              --------------
 
    39    General Fund
    40    Local Assistance Account - 10000
 
    41  For  the medical assistance program, includ-
    42    ing  administrative  expenses,  for  local
    43    social services districts, and for medical
    44    care rates for authorized child care agen-
    45    cies.
    46  Notwithstanding  section  40  of  the  state
    47    finance law or any provision of law to the
    48    contrary,  subject  to  federal  approval,
    49    department  of health state funds medicaid

        A. 8115                             6
 
     1    spending, excluding payments  for  medical
     2    services   provided  at  state  facilities
     3    operated by the office of  mental  health,
     4    the  office  for people with developmental
     5    disabilities and the office  of  addiction
     6    services  and supports and further exclud-
     7    ing any payments which are  not  appropri-
     8    ated  within  the department of health, in
     9    the aggregate, for  the  period  April  1,
    10    2025  through  March  31,  2026, shall not
    11    exceed $33,417,285,000 except as  provided
    12    below  provided,  however,  such aggregate
    13    limits may be adjusted by the director  of
    14    the  budget  to account for any changes in
    15    the New York state federal medical assist-
    16    ance percentage amount established  pursu-
    17    ant  to  the  federal social security act,
    18    increases in provider revenues, reductions
    19    in local social services district payments
    20    for  medical  assistance   administration,
    21    minimum   wage  increases,  and  beginning
    22    April 1, 2012 the operational costs of the
    23    New York  state  medical  indemnity  fund,
    24    pursuant  to  chapter  59  of  the laws of
    25    2011, and state costs or savings from  the
    26    essential  plan  program. Such projections
    27    may be adjusted by  the  director  of  the
    28    budget  to  account for increased or expe-
    29    dited department  of  health  state  funds
    30    medicaid  expenditures  as  a  result of a
    31    natural or other type of disaster, includ-
    32    ing a governmental declaration of emergen-
    33    cy.
    34  The director of the budget, in  consultation
    35    with  the  commissioner  of  health, shall
    36    assess on  a  quarterly  basis  known  and
    37    projected medicaid expenditures by catego-
    38    ry of service and by geographic region, as
    39    defined by the commissioner, incurred both
    40    prior to and subsequent to such assessment
    41    for  each such period, and if the director
    42    of the budget determines that such expend-
    43    itures  are  expected  to  cause  medicaid
    44    spending  for  such  period  to exceed the
    45    aggregate limit specified herein for  such
    46    period,  the  state  medicaid director, in
    47    consultation  with  the  director  of  the
    48    budget  and  the  commissioner  of health,
    49    shall develop  a  medicaid  savings  allo-
    50    cation  adjustment  to limit such spending
    51    to the aggregate  limit  specified  herein
    52    for such period.
    53  Such  medicaid savings allocation adjustment
    54    shall be designed, to reduce the  expendi-
    55    tures  authorized  by  the  appropriations
    56    herein in compliance  with  the  following

        A. 8115                             7
 
     1    guidelines:  (1)  reductions shall be made
     2    in compliance with applicable federal law,
     3    including the provisions  of  the  Patient
     4    Protection and Affordable Care Act, Public
     5    Law  No.  111-148, and the Health Care and
     6    Education  Reconciliation  Act  of   2010,
     7    Public   Law   No.  111-152  (collectively
     8    "Affordable Care Act") and any  subsequent
     9    amendments  thereto or regulations promul-
    10    gated thereunder; (2) reductions shall  be
    11    made  in  a  manner that complies with the
    12    state medicaid plan approved by the feder-
    13    al  centers  for  medicare  and   medicaid
    14    services,   provided,  however,  that  the
    15    commissioner of health  is  authorized  to
    16    submit  any  state  plan amendment or seek
    17    other federal approval,  including  waiver
    18    authority,  to implement the provisions of
    19    the medicaid savings allocation adjustment
    20    that meets the other  criteria  set  forth
    21    herein;  (3) reductions shall be made in a
    22    manner that  maximizes  federal  financial
    23    participation,  to the extent practicable,
    24    including any  federal  financial  partic-
    25    ipation that is available or is reasonably
    26    expected   to  become  available,  in  the
    27    discretion of the commissioner, under  the
    28    Affordable  Care Act; (4) reductions shall
    29    be  made  uniformly  among  categories  of
    30    services  and  geographic  regions  of the
    31    state,  to  the  extent  practicable,  and
    32    shall  be made uniformly within a category
    33    of service,  to  the  extent  practicable,
    34    except  where  the commissioner determines
    35    that  there  are  sufficient  grounds  for
    36    non-uniformity,  including but not limited
    37    to: the extent to which  specific  catego-
    38    ries of services contributed to department
    39    of health medicaid state funds spending in
    40    excess of the limits specified herein; the
    41    need  to  maintain  safety net services in
    42    underserved communities; or the  potential
    43    benefits  of  pursuing  innovative payment
    44    models contemplated by the Affordable Care
    45    Act, in which case such grounds  shall  be
    46    set  forth  in  the medicaid savings allo-
    47    cation  adjustment;  and  (5)   reductions
    48    shall  be  made  in a manner that does not
    49    unnecessarily    create     administrative
    50    burdens to medicaid applicants and recipi-
    51    ents or providers.
    52  The commissioner shall seek the input of the
    53    legislature,   as  well  as  organizations
    54    representing   health   care    providers,
    55    consumers,   businesses,  workers,  health
    56    insurers, and others with relevant  exper-

        A. 8115                             8
 
     1    tise,  in developing such medicaid savings
     2    allocation adjustment, to the extent  that
     3    all  or  part  of  such adjustment, in the
     4    discretion  of the commissioner, is likely
     5    to have a material impact on  the  overall
     6    medicaid program, particular categories of
     7    service  or  particular geographic regions
     8    of the state.
     9  (a) The commissioner shall post the medicaid
    10    savings  allocation  adjustment   on   the
    11    department  of  health's website and shall
    12    provide written copies of such  adjustment
    13    to  the  chairs  of the senate finance and
    14    the assembly ways and means committees  at
    15    least  30  days  before  the date on which
    16    implementation is expected to begin.
    17  (b) The commissioner may revise the medicaid
    18    savings allocation  adjustment  subsequent
    19    to  the  provisions of notice and prior to
    20    implementation but needs to provide a  new
    21    notice  pursuant  to  subparagraph  (i) of
    22    this paragraph only  if  the  commissioner
    23    determines, in his or her discretion, that
    24    such   revisions   materially   alter  the
    25    adjustment.
    26  Notwithstanding the provisions of paragraphs
    27    (a)  and  (b)  of  this  subdivision,  the
    28    commissioner   need  not  seek  the  input
    29    described in paragraph (a) of this  subdi-
    30    vision or provide notice pursuant to para-
    31    graph  (b)  of this subdivision if, in the
    32    discretion of the commissioner,  expedited
    33    development  and implementation of a medi-
    34    caid  savings  allocation  adjustment   is
    35    necessary  due to a public health emergen-
    36    cy.
    37  For  purposes  of  this  section,  a  public
    38    health  emergency  is  defined  as:  (i) a
    39    disaster,  natural  or   otherwise,   that
    40    significantly increases the immediate need
    41    for  health  care  personnel in an area of
    42    the state; (ii) an event or condition that
    43    creates a widespread risk of exposure to a
    44    serious  communicable  disease,   or   the
    45    potential  for  such  widespread  risk  of
    46    exposure; or  (iii)  any  other  event  or
    47    condition  determined  by the commissioner
    48    to constitute an imminent threat to public
    49    health.
    50  Nothing in this paragraph shall be deemed to
    51    prevent  all  or  part  of  such  medicaid
    52    savings  allocation adjustment from taking
    53    effect retroactively to the extent permit-
    54    ted by the federal  centers  for  medicare
    55    and medicaid services.

        A. 8115                             9
 
     1  In  accordance  with  the  medicaid  savings
     2    allocation adjustment, the commissioner of
     3    the  department  of  health  shall  reduce
     4    department  of health state funds medicaid
     5    spending  by  the  amount of the projected
     6    overspending through,  actions  including,
     7    but not limited to modifying or suspending
     8    reimbursement  methods,  including but not
     9    limited to all fees,  premium  levels  and
    10    rates   of  payment,  notwithstanding  any
    11    provision of  law  that  sets  a  specific
    12    amount   or   methodology   for  any  such
    13    payments or rates of payment; modifying or
    14    discontinuing medicaid  program  benefits;
    15    seeking  all  necessary federal approvals,
    16    including, but  not  limited  to  waivers,
    17    waiver  amendments;  and  suspending  time
    18    frames for  notice,  approval  or  certif-
    19    ication  of  rate  requirements,  notwith-
    20    standing any provision  of  law,  rule  or
    21    regulation  to the contrary, including but
    22    not limited to sections 2807 and  3614  of
    23    the public health law, section 18 of chap-
    24    ter  2  of  the laws of 1988, and 18 NYCRR
    25    505.14(h).
    26  The department of  health  shall  prepare  a
    27    quarterly  report  that  sets  forth:  (a)
    28    known and projected department  of  health
    29    medicaid   expenditures  as  described  in
    30    subdivision  (1)  of  this  section,   and
    31    factors  that  could  result  in  medicaid
    32    disbursements  for  the   relevant   state
    33    fiscal   year   to  exceed  the  projected
    34    department of health state funds disburse-
    35    ments in the enacted budget financial plan
    36    pursuant to subdivision 3 of section 23 of
    37    the state finance law, including  spending
    38    increases  or decreases due to: enrollment
    39    fluctuations,  rate  changes,  utilization
    40    changes,  MRT  investments,  and  shift of
    41    beneficiaries to managed care;  and  vari-
    42    ations  in  offline medicaid payments; and
    43    (b) the actions  taken  to  implement  any
    44    medicaid   savings  allocation  adjustment
    45    implemented pursuant to subdivision (4) of
    46    this   section,   including    information
    47    concerning  the  impact of such actions on
    48    each  category   of   service   and   each
    49    geographic  region of the state. Each such
    50    quarterly report shall be provided to  the
    51    chairs  of  the  senate  finance  and  the
    52    assembly ways  and  means  committees  and
    53    shall  be  posted  on  the  department  of
    54    health's website in a timely manner.
    55  The  money  hereby  appropriated  is  to  be
    56    available  for  payment  of aid heretofore

        A. 8115                            10
 
     1    accrued or hereafter  accrued  to  munici-
     2    palities,  and  to  providers  of  medical
     3    services pursuant to section 367-b of  the
     4    social  services  law,  and for payment of
     5    state aid to municipalities and to provid-
     6    ers of family care where  payment  systems
     7    through  the fiscal intermediaries are not
     8    operational.
     9  Notwithstanding any  inconsistent  provision
    10    of  law to the contrary, funds may be used
    11    by  the  department  for   outside   legal
    12    assistance on issues involving the federal
    13    government,  the  conduct  of preadmission
    14    screening  and  annual  resident   reviews
    15    required  by the state's medicaid program,
    16    computer matching with insurance  carriers
    17    to  insure  that  medicaid is the payer of
    18    last resort and activities related to  the
    19    management  of the pharmacy benefit avail-
    20    able under the medicaid program.
    21  Notwithstanding any  inconsistent  provision
    22    of  law, in lieu of payments authorized by
    23    the social services law,  or  payments  of
    24    federal  funds  otherwise due to the local
    25    social  services  districts  for  programs
    26    provided under the federal social security
    27    act  or  the federal food stamp act, funds
    28    herein appropriated, in amounts  certified
    29    by the state commissioner of temporary and
    30    disability assistance or the state commis-
    31    sioner  of health as due from local social
    32    services districts  each  month  as  their
    33    share of payments made pursuant to section
    34    367-b  of  the  social services law may be
    35    set aside by the state comptroller  in  an
    36    interest-bearing   account   in  order  to
    37    ensure the orderly and prompt  payment  of
    38    providers   under  section  367-b  of  the
    39    social services law pursuant to  an  esti-
    40    mate   provided  by  the  commissioner  of
    41    health  of  each  local  social   services
    42    district's share of payments made pursuant
    43    to  section  367-b  of the social services
    44    law.
    45  Notwithstanding any  inconsistent  provision
    46    of  law,  funding  made available by these
    47    appropriations shall support direct salary
    48    costs and related fringe  benefits  within
    49    the  medical assistance program associated
    50    with any minimum wage increase that  takes
    51    effect   during  the  timeframe  of  these
    52    appropriations, pursuant to section 652 of
    53    the labor law. Each eligible  organization
    54    in  receipt  of  funding made available by
    55    these appropriations may  be  required  to
    56    submit written certification, in such form

        A. 8115                            11
 
     1    and  at  such  time  the  commissioner may
     2    prescribe, attesting to the  total  amount
     3    of  funds  used  by the eligible organiza-
     4    tion, how such funding will be or was used
     5    for  purposes  eligible under these appro-
     6    priations and any other  reporting  deemed
     7    necessary by the commissioner. The amounts
     8    appropriated  herein  may include advances
     9    to  organizations  authorized  to  receive
    10    such funds to accomplish this purpose.
    11  Notwithstanding  any other provision of law,
    12    the  money  hereby  appropriated  may   be
    13    increased  or  decreased by interchange or
    14    transfer, with any  appropriation  of  the
    15    department  of  health  and  the office of
    16    medicaid  inspector  general  and  may  be
    17    increased  or  decreased  by  transfer  or
    18    suballocation between  these  appropriated
    19    amounts  and appropriations of the depart-
    20    ment of health state purpose account,  the
    21    office of mental health, office for people
    22    with   developmental   disabilities,   the
    23    office of addiction services and supports,
    24    the department of family assistance office
    25    of temporary  and  disability  assistance,
    26    the department of corrections and communi-
    27    ty  supervision, the office of information
    28    technology services, the state  university
    29    of  New  York,  and office of children and
    30    family services, the  office  of  medicaid
    31    inspector  general,  the  state  education
    32    department, and the state office  for  the
    33    aging with the approval of the director of
    34    the  budget,  who shall file such approval
    35    with the department of audit  and  control
    36    and  copies  thereof  with the chairman of
    37    the  senate  finance  committee  and   the
    38    chairman  of  the  assembly ways and means
    39    committee.
    40  Notwithstanding any  inconsistent  provision
    41    of  law to the contrary, the moneys hereby
    42    appropriated may be used for  payments  to
    43    the  centers  for  medicaid  and  medicare
    44    services for obligations incurred  related
    45    to  the  pharmaceutical  costs  of  dually
    46    eligible  medicare/medicaid  beneficiaries
    47    participating in the medicare drug benefit
    48    authorized by P.L. 108-173.
    49  Notwithstanding  any  inconsistent provision
    50    of law,  the  moneys  hereby  appropriated
    51    shall  not be used for any existing rates,
    52    fees, fee schedule,  or  procedures  which
    53    may  affect  the cost of care and services
    54    provided by personal care providers,  case
    55    managers,   health  maintenance  organiza-
    56    tions, out  of  state  medical  facilities

        A. 8115                            12
 
     1    which  provide  care and services to resi-
     2    dents of the state, providers of transpor-
     3    tation   services,   that   are   altered,
     4    amended,  adjusted or otherwise changed by
     5    a local social  services  district  unless
     6    previously  approved  by the department of
     7    health and the director of the budget.
     8  Notwithstanding any  inconsistent  provision
     9    of  law  to  the  contrary, funds shall be
    10    made available to the commissioner of  the
    11    office of mental health or the commission-
    12    er of the office of addiction services and
    13    supports, in consultation with the commis-
    14    sioner  of  health  and  approved  by  the
    15    director of  the  budget,  and  consistent
    16    with   appropriations  made  therefor,  to
    17    implement allocation adjustment  developed
    18    by  each  such  commissioner  which  shall
    19    describe mental health  or  substance  use
    20    disorder services that should be developed
    21    to  meet  service needs resulting from the
    22    reduction of inpatient  behavioral  health
    23    services   provided   under  the  medicaid
    24    program, by programs licensed pursuant  to
    25    article  31  or  32  of the mental hygiene
    26    law. Such programs  may  include  programs
    27    that are licensed pursuant to both article
    28    31  of  the mental hygiene law and article
    29    28 of the public health law, or  certified
    30    under   both  article  32  of  the  mental
    31    hygiene law and article 28 of  the  public
    32    health law.
    33  Notwithstanding  any  inconsistent provision
    34    of law, the moneys hereby appropriated may
    35    be available for payments associated  with
    36    the  resolution by settlement agreement or
    37    judgment of rate appeals and/or litigation
    38    where the department of health is a party.
    39  For services and  expenses  of  the  medical
    40    assistance   program   including  hospital
    41    inpatient services and  general  hospitals
    42    that  are safety-net providers that evince
    43    severe  financial  distress,  pursuant  to
    44    criteria  determined  by the commissioner,
    45    shall be eligible for awards  for  amounts
    46    appropriated   herein,   to   enable  such
    47    providers to maintain operations and vital
    48    services  while  establishing  long   term
    49    solutions  to  achieve  sustainable health
    50    services.
    51  Notwithstanding any inconsistent  provisions
    52    of  law, no expenditures shall be used for
    53    the medical  assistance  program  for  any
    54    expenses  not explicitly authorized in law
    55    without the approval of  the  director  of
    56    the budget.

        A. 8115                            13
 
     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 (26947) ........ [101,000,000]  121,200,000
    10  For  services  and  expenses  of the medical
    11    assistance  program   including   hospital
    12    outpatient and emergency room 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 (26948) ......... [26,080,000]   31,296,000
    22  For  services  and  expenses  of the medical
    23    assistance   program   including    clinic
    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 (26949) ......... [47,565,000]   57,078,000
    34  For  services  and  expenses  of the medical
    35    assistance program including nursing  home
    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 (26950) ........ [127,340,000]  152,808,000
    46  For  services  and  expenses  of the medical
    47    assistance program  including  other  long
    48    term care services.
    49  Notwithstanding  any provision of law to the
    50    contrary, the portion  of  this  appropri-
    51    ation  covering  fiscal year 2025-26 shall
    52    supersede and replace any duplicative  (i)
    53    reappropriation  for  this  item  covering
    54    fiscal year 2025-26,  and  (ii)  appropri-
    55    ation  for  this item covering fiscal year

        A. 8115                            14
 
     1    2025-26 set forth in  chapter  53  of  the
     2    laws of 2024 (26951) ........ [703,890,000]  774,279,000
     3  For  services  and  expenses  of the medical
     4    assistance program including managed  care
     5    services   including   regional   planning
     6    activities  of  the  finger  lakes  health
     7    systems  agency, including statewide coor-
     8    dination and demonstration of  best  prac-
     9    tices.  The  department  shall make grants
    10    within amounts appropriated  therefor,  to
    11    assure high-quality and accessible primary
    12    care,  to  provide technical assistance to
    13    support financial  and  business  planning
    14    for  integrated  systems  of  care, and to
    15    assist  primary  care  providers  in   the
    16    adoption,  implementation,  and meaningful
    17    use of electronic health record  technolo-
    18    gy.
    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 (26952) ........ [434,308,000]  477,739,000
    28  For  services  and expenses for health homes
    29    including grants to health homes.
    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 (29548) ......... [15,080,000]   18,096,000
    39  For services and  expenses  of  the  medical
    40    assistance   program   including  pharmacy
    41    services provided, however, that no  funds
    42    shall  be  made available pursuant to this
    43    appropriation for any drug not  explicitly
    44    authorized  in  any  enacted law, rule, or
    45    regulation  without  approval   from   the
    46    director of the budget.
    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 (26953) ........ [242,380,000]  290,856,000

        A. 8115                            15
 
     1  For  services  and  expenses  of the medical
     2    assistance program  including  transporta-
     3    tion services.
     4  Notwithstanding  any provision of law to the
     5    contrary, the portion  of  this  appropri-
     6    ation  covering  fiscal year 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 (26954) ......... [35,860,000]   43,032,000
    13  For  services  and  expenses  of the medical
    14    assistance   program   including    dental
    15    services.
    16  Notwithstanding  any provision of law to the
    17    contrary, the portion  of  this  appropri-
    18    ation  covering  fiscal year 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 (26955) ............ [410,000]      492,000
    25  For  services  and  expenses  of the medical
    26    assistance program including  non-institu-
    27    tional and other spending.
    28  The  money  hereby appropriated is available
    29    for  payment  of  liabilities   heretofore
    30    accrued or hereafter accrued.
    31  Notwithstanding  any  inconsistent provision
    32    of law, the money hereby appropriated  may
    33    be available for payments to any county or
    34    public  school  districts  associated with
    35    additional claims  for  school  supportive
    36    health 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 (26956) ......... [99,010,000]  118,812,000
    46  For  services  and  expenses  of the medical
    47    assistance   program   including   medical
    48    services   provided  at  state  facilities
    49    operated by the office of  mental  health,
    50    the  office  for people with developmental
    51    disabilities and the office  of  addiction
    52    services and supports.
    53  Notwithstanding  any provision of law to the
    54    contrary, the portion  of  this  appropri-
    55    ation  covering  fiscal year 2025-26 shall
    56    supersede and replace any duplicative  (i)

        A. 8115                            16
 
     1    reappropriation  for  this  item  covering
     2    fiscal year 2025-26,  and  (ii)  appropri-
     3    ation  for  this item covering fiscal year
     4    2025-26  set  forth  in  chapter 53 of the
     5    laws of 2024 (26961) ....................... 417,000,000
     6                                              --------------
 
     7    Special Revenue Funds - Federal
     8    Federal Health and Human Services Fund
     9    Medicaid Direct Account - 25106
 
    10  For services and expenses  for  the  medical
    11    assistance  program, including administra-
    12    tive expenses for  local  social  services
    13    districts,  pursuant  to  title XIX of the
    14    federal social security act or its succes-
    15    sor program.
    16  The moneys hereby  appropriated  are  to  be
    17    available  for  payment  of aid heretofore
    18    accrued or hereafter  accrued  to  munici-
    19    palities,  and  to  providers  of  medical
    20    services pursuant to section 367-b of  the
    21    social  services  law,  and for payment of
    22    state aid to municipalities and to provid-
    23    ers of family care where  payment  systems
    24    through  the fiscal intermediaries are not
    25    operational.
    26  Notwithstanding any  inconsistent  provision
    27    of  law,  funding  made available by these
    28    appropriations shall support direct salary
    29    costs and related fringe  benefits  within
    30    the  medical assistance program associated
    31    with any minimum wage increase that  takes
    32    effect   during  the  timeframe  of  these
    33    appropriations, pursuant to section 652 of
    34    the labor law. Each eligible  organization
    35    in  receipt  of  funding made available by
    36    these appropriations may  be  required  to
    37    submit written certification, in such form
    38    and  at  such  time  the  commissioner may
    39    prescribe, attesting to the  total  amount
    40    of  funds  used  by the eligible organiza-
    41    tion, how such funding will be or was used
    42    for purposes eligible under  these  appro-
    43    priations  and  any other reporting deemed
    44    necessary by the commissioner. The amounts
    45    appropriated herein may  include  advances
    46    to  organizations  authorized  to  receive
    47    such funds to accomplish this purpose.
    48  Notwithstanding any other provision of  law,
    49    the   money  hereby  appropriated  may  be
    50    increased or decreased by  interchange  or
    51    transfer,  with  any  appropriation of the
    52    department of health  and  the  office  of
    53    medicaid  inspector  general  and  may  be
    54    increased  or  decreased  by  transfer  or

        A. 8115                            17
 
     1    suballocation  between  these appropriated
     2    amounts and appropriations of  the  office
     3    of  mental  health, office for people with
     4    developmental  disabilities, the office of
     5    addiction  services  and   supports,   the
     6    department  of family assistance office of
     7    temporary   and   disability   assistance,
     8    office  of  children  and family services,
     9    the  department  of  financial   services,
    10    department  of  corrections  and community
    11    supervision,  the  office  of  information
    12    technology  services, the state university
    13    of New York, the state  education  depart-
    14    ment,  and  the state office for the aging
    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  Notwithstanding  any  inconsistent provision
    22    of law, in lieu of payments authorized  by
    23    the  social  services  law, or payments of
    24    federal funds otherwise due to  the  local
    25    social  services  districts  for  programs
    26    provided under the federal social security
    27    act or the federal food stamp  act,  funds
    28    herein  appropriated, in amounts certified
    29    by the state commissioner of temporary and
    30    disability assistance or the state commis-
    31    sioner of health as due from local  social
    32    services  districts  each  month  as their
    33    share of payments made pursuant to section
    34    367-b of the social services  law  may  be
    35    set  aside  by the state comptroller in an
    36    interest-bearing  account  in   order   to
    37    ensure  the  orderly and prompt payment of
    38    providers  under  section  367-b  of   the
    39    social  services  law pursuant to an esti-
    40    mate  provided  by  the  commissioner   of
    41    health   of  each  local  social  services
    42    district's share of payments made pursuant
    43    to section 367-b of  the  social  services
    44    law.
    45  Notwithstanding  any  inconsistent provision
    46    of law to the  contrary,  funds  shall  be
    47    made  available to the commissioner of the
    48    office of mental health or the commission-
    49    er of the office of addiction services and
    50    supports, in consultation with the commis-
    51    sioner  of  health  and  approved  by  the
    52    director  of  the  budget,  and consistent
    53    with  appropriations  made  therefor,   to
    54    implement  allocation adjustment developed
    55    by  each  such  commissioner  which  shall
    56    describe  mental  health  or substance use

        A. 8115                            18
 
     1    disorder services that should be developed
     2    to meet service needs resulting  from  the
     3    reduction  of  inpatient behavioral health
     4    services   provided   under  the  medicaid
     5    program, by programs licensed pursuant  to
     6    article  31  or  32  of the mental hygiene
     7    law. Such programs  may  include  programs
     8    that are licensed pursuant to both article
     9    31  of  the mental hygiene law and article
    10    28 of the public health law, or  certified
    11    under   both  article  32  of  the  mental
    12    hygiene law and article 28 of  the  public
    13    health law.
    14  Notwithstanding  any  inconsistent provision
    15    of law, the moneys hereby appropriated may
    16    be available for payments associated  with
    17    the  resolution by settlement agreement or
    18    judgment of rate appeals and/or litigation
    19    where the department of health is a party.
    20    Notwithstanding      any      inconsistent
    21    provisions  of  law, no expenditures shall
    22    be used for the medical assistance program
    23    for any expenses not explicitly authorized
    24    in law without the approval of the  direc-
    25    tor of the budget.
    26  For  services  and  expenses  of the medical
    27    assistance  program   including   hospital
    28    inpatient services.
    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 (26947) ....................... 289,070,000
    38  For  services  and  expenses  of the medical
    39    assistance  program   including   hospital
    40    outpatient and emergency room services.
    41  Notwithstanding  any provision of law to the
    42    contrary, the portion  of  this  appropri-
    43    ation  covering  fiscal year 2025-26 shall
    44    supersede and replace any duplicative  (i)
    45    reappropriation  for  this  item  covering
    46    fiscal year 2025-26,  and  (ii)  appropri-
    47    ation  for  this item covering fiscal year
    48    2025-26 set forth in  chapter  53  of  the
    49    laws of 2024 (26948) ........................ 51,860,000
    50  For  services  and  expenses  of the medical
    51    assistance   program   including    clinic
    52    services.
    53  Notwithstanding  any provision of law to the
    54    contrary, the portion  of  this  appropri-
    55    ation  covering  fiscal year 2025-26 shall
    56    supersede and replace any duplicative  (i)

        A. 8115                            19
 
     1    reappropriation  for  this  item  covering
     2    fiscal year 2025-26,  and  (ii)  appropri-
     3    ation  for  this item covering fiscal year
     4    2025-26  set  forth  in  chapter 53 of the
     5    laws of 2024 (26949) ........................ 84,835,000
     6  For services and  expenses  of  the  medical
     7    assistance  program including nursing home
     8    services.
     9  Notwithstanding any provision of law to  the
    10    contrary,  the  portion  of this appropri-
    11    ation covering fiscal year  2025-26  shall
    12    supersede  and replace any duplicative (i)
    13    reappropriation  for  this  item  covering
    14    fiscal  year  2025-26,  and (ii) appropri-
    15    ation for this item covering  fiscal  year
    16    2025-26  set  forth  in  chapter 53 of the
    17    laws of 2024 (26950) ....................... 396,795,000
    18  For services and  expenses  of  the  medical
    19    assistance  program  including  other long
    20    term care services.
    21  Notwithstanding any provision of law to  the
    22    contrary,  the  portion  of this appropri-
    23    ation covering fiscal year  2025-26  shall
    24    supersede  and replace any duplicative (i)
    25    reappropriation  for  this  item  covering
    26    fiscal  year  2025-26,  and (ii) appropri-
    27    ation for this item covering  fiscal  year
    28    2025-26  set  forth  in  chapter 53 of the
    29    laws of 2024 (26951) ..................... 1,323,939,000
    30  For services and  expenses  of  the  medical
    31    assistance  program including managed care
    32    services   including   regional   planning
    33    activities  of  the  finger  lakes  health
    34    systems agency, including statewide  coor-
    35    dination  and  demonstration of best prac-
    36    tices. The department  shall  make  grants
    37    within  amounts  appropriated therefor, to
    38    assure high-quality and accessible primary
    39    care, to provide technical  assistance  to
    40    support  financial  and  business planning
    41    for integrated systems  of  care,  and  to
    42    assist   primary  care  providers  in  the
    43    adoption, implementation,  and  meaningful
    44    use  of electronic health record technolo-
    45    gy.
    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 (26952) ..................... 1,508,290,000
    55  For services and  expenses  of  the  medical
    56    assistance   program   including  pharmacy

        A. 8115                            20
 
     1    services, provided, however, that no funds
     2    shall be made available pursuant  to  this
     3    appropriation  for any drug not explicitly
     4    authorized  in any heretofore enacted law,
     5    rule, or regulation without approval  from
     6    the director of the budget.
     7  Notwithstanding  any provision of law to the
     8    contrary, the portion  of  this  appropri-
     9    ation  covering  fiscal year 2025-26 shall
    10    supersede and replace any duplicative  (i)
    11    reappropriation  for  this  item  covering
    12    fiscal year 2025-26,  and  (ii)  appropri-
    13    ation  for  this item covering fiscal year
    14    2025-26 set forth in  chapter  53  of  the
    15    laws of 2024 (26953) ....................... 463,080,000
    16  For  services  and  expenses  of the medical
    17    assistance program  including  transporta-
    18    tion services.
    19  Notwithstanding  any provision of law to the
    20    contrary, the portion  of  this  appropri-
    21    ation  covering  fiscal year 2025-26 shall
    22    supersede and replace any duplicative  (i)
    23    reappropriation  for  this  item  covering
    24    fiscal year 2025-26,  and  (ii)  appropri-
    25    ation  for  this item covering fiscal year
    26    2025-26 set forth in  chapter  53  of  the
    27    laws of 2024 (26954) ........................ 61,175,000
    28  For  services  and  expenses  of the medical
    29    assistance   program   including    dental
    30    services.
    31  Notwithstanding  any provision of law to the
    32    contrary, the portion  of  this  appropri-
    33    ation  covering  fiscal year 2025-26 shall
    34    supersede and replace any duplicative  (i)
    35    reappropriation  for  this  item  covering
    36    fiscal year 2025-26,  and  (ii)  appropri-
    37    ation  for  this item covering fiscal year
    38    2025-26 set forth in  chapter  53  of  the
    39    laws of 2024 (26955) ......................... 7,110,000
    40  For  services  and  expenses  of the medical
    41    assistance program  including  noninstitu-
    42    tional and other spending.
    43  The  money  hereby appropriated is available
    44    for  payment  of  liabilities   heretofore
    45    accrued or hereafter accrued.
    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 (26956) ....................... 688,155,000
    55  For  services  and  expenses  of the medical
    56    assistance   program   including   medical

        A. 8115                            21
 
     1    services   provided  at  state  facilities
     2    operated by the office of  mental  health,
     3    the  office  for people with developmental
     4    disabilities  and  the office of addiction
     5    services and supports.
     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 (26961) ....................... 417,000,000
    15                                              --------------
 
    16    § 6. Section 6 of chapter 113 of the laws of 2025, relating to  making
    17  appropriations  for the support of government, as amended by chapter 124
    18  of the laws of 2025, is amended to read as follows:
    19    § 6. 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                             DEPARTMENT OF LABOR
 
    25                              AID TO LOCALITIES
 
    26  UNEMPLOYMENT INSURANCE BENEFIT PROGRAM ..... [945,000,000]   975,000,000
    27                                              --------------
 
    28    Enterprise Funds
    29    Unemployment Insurance Benefit Fund
    30    Unemployment Insurance Benefit Account - 50650
 
    31  For payment of unemployment insurance  bene-
    32    fits  pursuant  to article 18 of the labor
    33    law  or  as  authorized  by  the   federal
    34    government  through the disaster unemploy-
    35    ment  assistance  program,  the  emergency
    36    unemployment   compensation  program,  the
    37    extended  benefit  program,  the   federal
    38    additional  compensation  program  or  any
    39    other federally funded unemployment  bene-
    40    fit program (34787) ........ [945,000,000]   975,000,000
 
    41    § 7. Section 11 of chapter 119 of the laws of 2025, relating to making
    42  appropriations  for the support of government, as amended by chapter 124
    43  of the laws of 2025, is amended to read as follows:
    44    § 11. The amounts specified in this section, or  so  much  thereof  as
    45  shall  be  sufficient  to  accomplish the purposes designated, is hereby
    46  appropriated and authorized to be paid as hereinafter provided,  to  the
    47  public  officers  and  for the purposes specified, which amount shall be
    48  available for the state fiscal year beginning April 1, 2025.

        A. 8115                            22
 
     1                        DEPARTMENT OF MENTAL HYGIENE
     2              OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES

     3                              AID TO LOCALITIES
 
     4  COMMUNITY SERVICES PROGRAM ................. [421,525,000]   428,257,000
     5                                              --------------
 
     6    General Fund
     7    Local Assistance Account - 10000
 
     8  For  services  and expenses of the community
     9    services program,  net  of  disallowances,
    10    for  community  programs  for  people with
    11    developmental  disabilities  pursuant   to
    12    article  41  of  the  mental  hygiene law,
    13    and/or chapter 620 of the  laws  of  1974,
    14    chapter  660  of the laws of 1977, chapter
    15    412 of the laws of 1981, chapter 27 of the
    16    laws of 1987, chapter 729 of the  laws  of
    17    1989,  chapter 329 of the laws of 1993 and
    18    other provisions  of  the  mental  hygiene
    19    law.   Notwithstanding   any  inconsistent
    20    provision of law, the following  appropri-
    21    ation shall be net of prior and/or current
    22    year refunds, rebates, reimbursements, and
    23    credits.
    24  Notwithstanding  any other provision of law,
    25    advances and reimbursement  made  pursuant
    26    to  subdivision  (d)  of section 41.15 and
    27    section 41.18 of the  mental  hygiene  law
    28    shall  be allocated pursuant to a plan and
    29    in a manner prescribed by the agency  head
    30    and  approved by the director of the budg-
    31    et. The  moneys  hereby  appropriated  are
    32    available  to reimburse or advance locali-
    33    ties and voluntary non-profit agencies for
    34    expenditures  made  during  local   fiscal
    35    periods  commencing January 1, 2025, April
    36    1, 2025 or July 1, 2025, and for  advances
    37    for  the  3 month period beginning January
    38    1, 2026.
    39  Notwithstanding the provisions of article 41
    40    of the mental hygiene  law  or  any  other
    41    inconsistent  provision  of  law,  rule or
    42    regulation, the commissioner, pursuant  to
    43    such  contract  and in the manner provided
    44    therein, may pay all or a portion  of  the
    45    expenses  incurred by such voluntary agen-
    46    cies arising out of loans which are funded
    47    from  the  proceeds  of  bonds  and  notes
    48    issued  by  the dormitory authority of the
    49    state of New York.
    50  Notwithstanding any other provision of  law,
    51    the   money  hereby  appropriated  may  be
    52    transferred to state operations and/or any

        A. 8115                            23
 
     1    appropriation of  the  office  for  people
     2    with  developmental  disabilities with the
     3    approval of the director of the budget.
     4  Notwithstanding  any  inconsistent provision
     5    of law, moneys from this appropriation may
     6    be used for state aid of up to 100 percent
     7    of the net deficit costs of  day  training
     8    programs and family support services.
     9  Notwithstanding  the  provisions  of section
    10    16.23 of the mental hygiene  law  and  any
    11    other  inconsistent provision of law, with
    12    relation to  the  operation  of  certified
    13    family  care  homes, including family care
    14    homes sponsored by voluntary  not-for-pro-
    15    fit  agencies,  moneys from this appropri-
    16    ation may be used for payments to purchase
    17    general services including but not limited
    18    to respite providers, up to a  maximum  of
    19    14 days, at rates to be established by the
    20    commissioner  and approved by the director
    21    of the budget in consideration of  factors
    22    including,  but not limited to, geographic
    23    area and number of clients  cared  for  in
    24    the  home  and  for  payment  in an amount
    25    determined by  the  commissioner  for  the
    26    personal  needs of each client residing in
    27    the family care home.
    28  Notwithstanding the provisions  of  subdivi-
    29    sion  12 of section 8 of the state finance
    30    law and any other  inconsistent  provision
    31    of law, moneys from this appropriation may
    32    be  used for expenses of family care homes
    33    including payments to operators of  certi-
    34    fied  family care homes for damages caused
    35    by clients to personal and  real  property
    36    in  accordance  with standards established
    37    by the commissioner and  approved  by  the
    38    director of the budget.
    39  Notwithstanding  any  inconsistent provision
    40    of law, moneys from this appropriation may
    41    be  used  for  appropriate   day   program
    42    services  and residential services includ-
    43    ing, but not limited  to,  direct  housing
    44    subsidies    to    individuals,   start-up
    45    expenses for family care providers,  envi-
    46    ronmental modifications, adaptive technol-
    47    ogies,   appraisals,   property   options,
    48    feasibility  studies  and   preoperational
    49    expenses.
    50  Notwithstanding  any  inconsistent provision
    51    of law except pursuant to a chapter of the
    52    laws of 2024 authorizing  a  2.84  percent
    53    cost  of living adjustment, for the period
    54    commencing on April  1,  2024  and  ending
    55    March  31, 2025 the commissioner shall not
    56    apply any other cost of living  adjustment

        A. 8115                            24
 
     1    for  the  purpose of establishing rates of
     2    payments, contracts or any other  form  of
     3    reimbursement;  provided  that  this shall
     4    not prevent the commissioner from applying
     5    prior   adjustments  for  the  purpose  of
     6    establishing rates resulting from a rebas-
     7    ing of base year costs.
     8  Notwithstanding section 6908 of  the  educa-
     9    tion  law  and any other provision of law,
    10    rule or regulation to the contrary, direct
    11    support staff  in  programs  certified  or
    12    approved  by  the  office  for people with
    13    developmental disabilities, including  the
    14    home  and  community based services waiver
    15    programs that the office for  people  with
    16    developmental  disabilities  is authorized
    17    to administer with federal approval pursu-
    18    ant to subdivision (c) of section 1915  of
    19    the   federal  social  security  act,  are
    20    authorized to provide such tasks as  OPWDD
    21    may   specify  when  performed  under  the
    22    supervision,   training    and    periodic
    23    inspection  of  a  registered professional
    24    nurse and in accordance with an authorized
    25    practitioner's ordered care.
    26  Notwithstanding any other provision  of  law
    27    to   the  contrary,  and  consistent  with
    28    section 33.07 of the mental  hygiene  law,
    29    the  directors  of facilities licensed but
    30    not operated by the office for people with
    31    developmental  disabilities  who  act   as
    32    federally-appointed  representative payees
    33    and who assume  management  responsibility
    34    over  the funds of a resident may continue
    35    to use such funds  for  the  cost  of  the
    36    resident's  care and treatment, consistent
    37    with federal law and regulations.
    38  Funds appropriated herein shall be available
    39    in accordance with the following:
    40  Notwithstanding any  inconsistent  provision
    41    of  law,  the  director  of  the budget is
    42    authorized  to  make  suballocations  from
    43    this  appropriation  to  the department of
    44    health medical assistance program.
    45  Notwithstanding any  inconsistent  provision
    46    of  law,  and  pursuant to criteria estab-
    47    lished by the commissioner of  the  office
    48    for people with developmental disabilities
    49    and  approved by the director of the budg-
    50    et, expenditures may  be  made  from  this
    51    appropriation  for  residential facilities
    52    which  are  pending   recertification   as
    53    intermediate  care  facilities  for people
    54    with developmental disabilities.
    55  Notwithstanding the  provisions  of  section
    56    41.36  of  the  mental hygiene law and any

        A. 8115                            25
 
     1    other  inconsistent  provision   of   law,
     2    moneys from this appropriation may be used
     3    for  payment  up  to  $250  per  year  per
     4    client,  at  such times and in such manner
     5    as determined by the commissioner  on  the
     6    basis  of  financial need for the personal
     7    needs of each client residing in voluntar-
     8    y-operated community residences and volun-
     9    tary-operated community residential alter-
    10    natives,     including      individualized
    11    residential  alternatives  under  the home
    12    and community based services  waiver.  The
    13    commissioner   shall,   subject   to   the
    14    approval of the director  of  the  budget,
    15    alter  existing  advance payment schedules
    16    for  voluntary-operated  community   resi-
    17    dences  established  pursuant  to  section
    18    41.36 of the mental hygiene law.
    19  Notwithstanding any  inconsistent  provision
    20    of law, moneys from this appropriation may
    21    be  used  for  the  operation  of  clinics
    22    licensed pursuant to  article  16  of  the
    23    mental  hygiene  law  including,  but  not
    24    limited to,  supportive  and  habilitative
    25    services  consistent  with  the  home  and
    26    community based services waiver.
    27  For the state share  of  medical  assistance
    28    services  expenses incurred by the depart-
    29    ment  of  health  for  the  provision   of
    30    medical assistance services to people with
    31    developmental disabilities (37835) ......... 369,352,000
    32  For  services  and expenses of the community
    33    services program,  net  of  disallowances,
    34    for  community  programs  for  people with
    35    developmental  disabilities  pursuant   to
    36    article  41  of  the  mental  hygiene law,
    37    and/or chapter 620 of the  laws  of  1974,
    38    chapter  660  of the laws of 1977, chapter
    39    412 of the laws of 1981, chapter 27 of the
    40    laws of 1987, chapter 729 of the  laws  of
    41    1989,  chapter 329 of the laws of 1993 and
    42    other provisions  of  the  mental  hygiene
    43    law.   Notwithstanding   any  inconsistent
    44    provision of law, the following  appropri-
    45    ation shall be net of prior and/or current
    46    year refunds, rebates, reimbursements, and
    47    credits.
    48  Notwithstanding  any other provision of law,
    49    advances and reimbursement  made  pursuant
    50    to  subdivision  (d)  of section 41.15 and
    51    section 41.18 of the  mental  hygiene  law
    52    shall  be allocated pursuant to a plan and
    53    in a manner prescribed by the agency  head
    54    and  approved by the director of the budg-
    55    et. The  moneys  hereby  appropriated  are
    56    available  to reimburse or advance locali-

        A. 8115                            26

     1    ties and voluntary non-profit agencies for
     2    expenditures  made  during  local   fiscal
     3    periods  commencing January 1, 2025, April
     4    1,  2025 or July 1, 2025, and for advances
     5    for the 3 month period  beginning  January
     6    1, 2026.
     7  Notwithstanding the provisions of article 41
     8    of  the  mental  hygiene  law or any other
     9    inconsistent provision  of  law,  rule  or
    10    regulation,  the commissioner, pursuant to
    11    such contract and in the  manner  provided
    12    therein,  may  pay all or a portion of the
    13    expenses incurred by such voluntary  agen-
    14    cies arising out of loans which are funded
    15    from  the  proceeds  of  bonds  and  notes
    16    issued by the dormitory authority  of  the
    17    state of New York.
    18  Notwithstanding  any other provision of law,
    19    the  money  hereby  appropriated  may   be
    20    transferred to state operations and/or any
    21    appropriation  of  the  office  for people
    22    with developmental disabilities  with  the
    23    approval of the director of the budget.
    24  Notwithstanding  any  inconsistent provision
    25    of law, moneys from this appropriation may
    26    be used for state aid of up to 100 percent
    27    of the net deficit costs of  day  training
    28    programs and family support services.
    29  Notwithstanding  the  provisions  of section
    30    16.23 of the mental hygiene  law  and  any
    31    other  inconsistent provision of law, with
    32    relation to  the  operation  of  certified
    33    family  care  homes, including family care
    34    homes sponsored by voluntary  not-for-pro-
    35    fit  agencies,  moneys from this appropri-
    36    ation may be used for payments to purchase
    37    general services including but not limited
    38    to respite providers, up to a  maximum  of
    39    14 days, at rates to be established by the
    40    commissioner  and approved by the director
    41    of the budget in consideration of  factors
    42    including,  but not limited to, geographic
    43    area and number of clients  cared  for  in
    44    the  home  and  for  payment  in an amount
    45    determined by  the  commissioner  for  the
    46    personal  needs of each client residing in
    47    the family care home.
    48  Notwithstanding the provisions  of  subdivi-
    49    sion  12 of section 8 of the state finance
    50    law and any other  inconsistent  provision
    51    of law, moneys from this appropriation may
    52    be  used for expenses of family care homes
    53    including payments to operators of  certi-
    54    fied  family care homes for damages caused
    55    by clients to personal and  real  property
    56    in  accordance  with standards established

        A. 8115                            27
 
     1    by the commissioner and  approved  by  the
     2    director of the budget.
     3  Notwithstanding  any  inconsistent provision
     4    of law, moneys from this appropriation may
     5    be  used  for  appropriate   day   program
     6    services  and residential services includ-
     7    ing, but not limited  to,  direct  housing
     8    subsidies    to    individuals,   start-up
     9    expenses for family care providers,  envi-
    10    ronmental modifications, adaptive technol-
    11    ogies,   appraisals,   property   options,
    12    feasibility  studies  and   preoperational
    13    expenses.
    14  Notwithstanding  any  inconsistent provision
    15    of law except pursuant to a chapter of the
    16    laws of 2024 authorizing  a  2.84  percent
    17    cost  of living adjustment, for the period
    18    commencing on April  1,  2024  and  ending
    19    March  31, 2025 the commissioner shall not
    20    apply any other cost of living  adjustment
    21    for  the  purpose of establishing rates of
    22    payments, contracts or any other  form  of
    23    reimbursement;  provided  that  this shall
    24    not prevent the commissioner from applying
    25    prior  adjustments  for  the  purpose   of
    26    establishing rates resulting from a rebas-
    27    ing of base year costs.
    28  Notwithstanding  section  6908 of the educa-
    29    tion law and any other provision  of  law,
    30    rule or regulation to the contrary, direct
    31    support  staff  in  programs  certified or
    32    approved by the  office  for  people  with
    33    developmental  disabilities, including the
    34    home and community based  services  waiver
    35    programs  that  the office for people with
    36    developmental disabilities  is  authorized
    37    to administer with federal approval pursu-
    38    ant  to subdivision (c) of section 1915 of
    39    the  federal  social  security  act,   are
    40    authorized  to provide such tasks as OPWDD
    41    may  specify  when  performed  under   the
    42    supervision,    training    and   periodic
    43    inspection of  a  registered  professional
    44    nurse and in accordance with an authorized
    45    practitioner's ordered care.
    46  Notwithstanding  any  other provision of law
    47    to  the  contrary,  and  consistent   with
    48    section  33.07  of the mental hygiene law,
    49    the directors of facilities  licensed  but
    50    not operated by the office for people with
    51    developmental   disabilities  who  act  as
    52    federally-appointed representative  payees
    53    and  who  assume management responsibility
    54    over the funds of a resident may  continue
    55    to  use  such  funds  for  the cost of the

        A. 8115                            28
 
     1    resident's care and treatment,  consistent
     2    with federal law and regulations.
     3  Funds appropriated herein shall be available
     4    in accordance with the following:
     5  Notwithstanding  any  other provision of law
     6    to the contrary, funds appropriated herein
     7    are available to reimburse in- and out-of-
     8    state private residential schools,  pursu-
     9    ant  to subdivision (c) of section 13.37-a
    10    and subdivision (g) of  section  13.38  of
    11    the  mental  hygiene  law,  for  costs  of
    12    supporting the residential and day program
    13    services available to individuals who  are
    14    over  the age of 21 years of age, provided
    15    that  the  amount  paid  for   residential
    16    services  and/or  maintenance costs is net
    17    of any supplemental security income  bene-
    18    fit  to  which  the  individual  receiving
    19    services is eligible, and provided further
    20    that funding for  nonresidential  services
    21    will  be  in  an  amount not to exceed the
    22    maximum reimbursement for appropriate  day
    23    services   delivered  by  the  office  for
    24    people  with  developmental   disabilities
    25    certified or approved providers other than
    26    in-  and  out-of-state private residential
    27    schools, unless  otherwise  authorized  by
    28    the director of the budget.
    29  Notwithstanding  section  163  of  the state
    30    finance law, section 142 of  the  economic
    31    development  law,  and  article  41 of the
    32    mental hygiene law,  the  commissioner  of
    33    the  office  for people with developmental
    34    disabilities may make the funds  appropri-
    35    ated herein available as state aid, a loan
    36    or  a  grant, pursuant to terms and condi-
    37    tions established by the  commissioner  of
    38    the  office  for people with developmental
    39    disabilities, to cover a  portion  of  the
    40    development   costs   of  private,  public
    41    and/or non-profit organizations, including
    42    corporations and partnerships  established
    43    pursuant  to  the  private housing finance
    44    law and/or any other statutory provisions,
    45    for supportive  housing  units  that  have
    46    been set aside for individuals with intel-
    47    lectual and developmental disabilities.
    48  Further, the office for people with develop-
    49    mental  disabilities  shall have a lien on
    50    the  real  property  developed  with  such
    51    state aid, loans or grants, which shall be
    52    in  the amount of the loan or grant, for a
    53    maximum term of 30 years, or other  longer
    54    term  consistent  with the requirements of
    55    another regulatory agency.

        A. 8115                            29
 
     1  For services and  expenses  related  to  the
     2    provision   of   residential  services  to
     3    people   with  developmental  disabilities
     4    (37802) ..................... [30,287,000]    34,195,000
     5  For services and  expenses  related  to  the
     6    provision   of  day  program  services  to
     7    people  with  developmental   disabilities
     8    (37803) ...................... [7,440,000]     8,400,000
     9  For  services  and  expenses  related to the
    10    provision of family  support  services  to
    11    people   with  developmental  disabilities
    12    (37804) ...................... [8,370,000]     9,450,000
    13  For services and  expenses  related  to  the
    14    provision  of  workshop,  day training and
    15    employment services to people with  devel-
    16    opmental disabilities. Notwithstanding any
    17    other  provision of law, up to $800,000 of
    18    this appropriation may be  transferred  to
    19    the  New York State Education Departments'
    20    Adult  Career  and  Continuing   Education
    21    Services   -   Vocational   Rehabilitation
    22    (ACCES-VR) program to  support  the  Long-
    23    Term Sheltered Employment program operated
    24    by  FEDCAP  Rehabilitation  Services, Inc.
    25    (37805) ...................... [4,836,000]     5,460,000
    26  For other services and expenses provided  to
    27    people   with  developmental  disabilities
    28    including but not limited to hepatitis  B,
    29    care  at  home  waiver, epilepsy services,
    30    Special Olympics New York, Inc. and volun-
    31    tary fingerprinting (37806) .. [1,240,000]     1,400,000
    32                                --------------

    33    § 8. Section 8 of chapter 113 of the laws of 2025, relating to  making
    34  appropriations  for the support of government, as amended by chapter 124
    35  of the laws of 2025, is amended to read as follows:
    36    § 8. The amounts specified in this section,  or  so  much  thereof  as
    37  shall  be  sufficient  to  accomplish the purposes designated, is hereby
    38  appropriated and authorized to be paid as hereinafter provided,  to  the
    39  public  officers  and  for the purposes specified, which amount shall be
    40  available for the state fiscal year beginning April 1, 2025.
 
    41                      DEPARTMENT OF VETERANS' SERVICES
 
    42                              AID TO LOCALITIES
 
    43  BLIND VETERAN ANNUITY ASSISTANCE PROGRAM ....................... 385,000
    44                                                            --------------
 
    45    General Fund
    46    Local Assistance Account - 10000

    47  For payment of annuities to  blind  veterans
    48    and  eligible  surviving  spouses.  Up  to
    49    $15,000  of  this  appropriation  may   be
    50    transferred to state operations for admin-

        A. 8115                            30
 
     1    istrative   costs   associated  with  this
     2    program (54606) ................................ 385,000
 
     3  VETERANS' BENEFITS ADVISING PROGRAM ............. [434,000]      490,000
     4                                              --------------
 
     5    Special Revenue Funds - Other
     6    Homeless Veterans Assistance Fund
     7    Homeless Veterans Assistance Account - 20204
 
     8  For  services  and expenses related to home-
     9    less veterans' housing (54815) .. [434,000]      490,000
 
    10    § 9. No expenditure may be made from any appropriation  in  this  act,
    11  until  a  certificate of approval has been issued by the director of the
    12  budget and a copy of such certificate shall have  been  filed  with  the
    13  state  comptroller, the chairman of the senate finance committee and the
    14  chairman of the assembly ways and  means  committee  provided,  however,
    15  that  any  expenditures  from  any appropriation in this act made by the
    16  legislature or judiciary shall not require such certificate.
 
    17    § 10. All expenditures and disbursements made  against  the  appropri-
    18  ations in this act shall, upon final action by the legislature on appro-
    19  priation  bills submitted by the governor pursuant to article VII of the
    20  state constitution for the support of government for  the  state  fiscal
    21  year  beginning  April  1,  2025,  be  transferred by the comptroller as
    22  expenditures and disbursements to  such  appropriations  for  all  state
    23  departments and agencies, as applicable, in amounts equal to the amounts
    24  charged against the appropriations in this act for each such department,
    25  agency, and the legislature and the judiciary.
 
    26    §  11. Severability clause. If any clause, sentence, paragraph, subdi-
    27  vision, section or part of this act shall be adjudged by  any  court  of
    28  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    29  impair, or invalidate the remainder thereof, but shall  be  confined  in
    30  its  operation  to the clause, sentence, paragraph, subdivision, section
    31  or part thereof directly involved in the controversy in which such judg-
    32  ment shall have been rendered. It is hereby declared to be the intent of
    33  the legislature that this act would  have  been  enacted  even  if  such
    34  invalid provisions had not been included herein.

    35    §  12.  This  act shall take effect immediately and shall be deemed to
    36  have been in full force and effect on and after April 1, 2025; provided,
    37  however, that upon the transfer of expenditures and disbursements by the
    38  comptroller as provided in section ten of this act,  the  appropriations
    39  made by this act and subject to such section shall be deemed repealed.
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