STATE OF NEW YORK
________________________________________________________________________
10166
IN SENATE
May 4, 2026
___________
Introduced by Sen. SERRANO -- (at request of the Governor) -- read twice
and ordered printed, and when printed to be committed to the Committee
on Rules
AN ACT making appropriations for the support of government; to amend
chapter 98 of the laws of 2026, relating to making appropriations for
the support of government, in relation thereto; to amend chapter 100
of the laws of 2026, relating to making appropriations for the support
of government, in relation thereto; to amend chapter 102 of the laws
of 2026, relating to making appropriations for the support of govern-
ment, in relation thereto; and providing for the repeal of such
provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative intent. The legislature hereby finds and
2 declares that the enactment of these appropriations provides sufficient
3 authority to the comptroller for the purpose of making payments for the
4 purposes described herein until such time as appropriation bills submit-
5 ted by the governor pursuant to article VII of the state constitution
6 for the support of government for the state fiscal year beginning April
7 1, 2026 are enacted.
8 § 2. Section 2 of chapter 98 of the laws of 2026, relating to making
9 appropriations for the support of government, as amended by chapter 108
10 of the laws of 2026, is amended to read as follows:
11 § 2. The amounts specified in this section, or so much thereof as
12 shall be sufficient to accomplish the purposes designated, is hereby
13 appropriated and authorized to be paid as hereinafter provided, to the
14 public officers and for the purpose specified, which amount shall be
15 available for the state fiscal year beginning April 1, 2026.
16 ALL STATE DEPARTMENTS AND AGENCIES
17 For the purpose of making payments for
18 personal service, including liabilities
19 incurred prior to April 1, 2026, on the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12037-01-6
S. 10166 2
1 payrolls scheduled to be paid during the
2 period April 1 through May [4] 6, 2026 to
3 state officers and employees of the execu-
4 tive branch, including the governor, lieu-
5 tenant governor, comptroller, and attorney
6 general, and to employees of the legisla-
7 ture. This appropriation also includes
8 payments for services performed by mental-
9 ly ill or developmentally disabled persons
10 who are employed in state-operated special
11 employment, work-for-pay or sheltered
12 workshop programs ........................
13 .......................... [1,491,046,469] 1,799,296,469
14 --------------
15 § 3. Section 3 of chapter 98 of the laws of 2026, relating to making
16 appropriations for the support of government, as amended by chapter 108
17 of the laws of 2026, is amended to read as follows:
18 § 3. The amount specified in this section, or so much thereof as shall
19 be sufficient to accomplish the purpose designated, is hereby appropri-
20 ated and authorized to be paid as hereinafter provided, to the public
21 officers and for the purpose specified, which amount shall be available
22 for the state fiscal year beginning April 1, 2026.
23 ALL STATE DEPARTMENTS AND AGENCIES
24 For the payment of state operations non
25 personal service liabilities to the execu-
26 tive branch, including the comptroller,
27 and the attorney general, and legislature,
28 incurred in the ordinary course of busi-
29 ness, during the period April 1 through
30 May [4] 6, 2026, pursuant to existing
31 state law and for purposes for which the
32 legislature authorized the expenditure of
33 moneys during the 2025-2026 state fiscal
34 year; provided, however, that nothing
35 contained herein shall be deemed to limit
36 or restrict the power or authority of
37 state departments or agencies to conduct
38 their activities or operations in accord-
39 ance with existing law, and further
40 provided that nothing contained herein
41 shall be deemed to supersede, nullify or
42 modify the provisions of section 40 of the
43 state finance law prescribing when appro-
44 priations made for the 2025-2026 state
45 fiscal year shall have ceased to have
46 force and effect ............. [44,000,000] 56,000,000
47 --------------
48 § 4. Section 4 of chapter 102 of the laws of 2026, relating to making
49 appropriations for the support of government, as amended by chapter 108
50 of the laws of 2026, is amended to read as follows:
51 § 4. The amounts specified in this section, or so much thereof as
52 shall be sufficient to accomplish the purposes designated, is hereby
S. 10166 3
1 appropriated and authorized to be paid as hereinafter provided, to the
2 respective public officers and for the purposes specified, which amount
3 shall be available for the state fiscal year beginning April 1, 2026.
4 MISCELLANEOUS - - ALL STATE DEPARTMENTS AND AGENCIES
5 The sum of ten million dollars
6 ($10,000,000), or so much thereof as shall
7 be sufficient to accomplish the purpose
8 designated, is hereby appropriated for
9 contracts and grants approved for purposes
10 for which the legislature authorized the
11 expenditures of money during the 2025-2026
12 fiscal year. An amount up to ten million
13 dollars ($10,000,000) shall be available
14 for the payment of capital projects
15 liabilities incurred during the period
16 from April 1 through May [4] 6, 2026 for
17 contracts and grants approved prior to
18 April 1, 2026, provided, however, that
19 nothing contained herein shall be deemed
20 to limit or restrict the power or authori-
21 ty of state departments or agencies to
22 conduct their activities or operations in
23 accordance with existing law, and further
24 provided that nothing contained herein
25 shall be deemed to supersede, nullify, or
26 modify the provisions of section 40 of the
27 state finance law prescribing when appro-
28 priations made for the 2025-2026 fiscal
29 year shall have ceased to have force and
30 effect ...................................... 10,000,000
31 --------------
32 § 5. Section 5 of chapter 102 of the laws of 2026, relating to making
33 appropriations for the support of government, as amended by chapter 108
34 of the laws of 2026, is amended to read as follows:
35 § 5. The amounts specified in this section, or so much thereof as
36 shall be sufficient to accomplish the purposes designated, is hereby
37 appropriated and authorized to be paid as hereinafter provided, to the
38 respective public officers and for the purposes specified, which amount
39 shall be available for the state fiscal year beginning April 1, 2026.
40 MISCELLANEOUS - - ALL STATE DEPARTMENTS AND AGENCIES
41 The sum of twenty million dollars
42 ($20,000,000), or so much thereof as shall
43 be sufficient to accomplish the purpose
44 designated, is hereby appropriated for
45 contracts and grants approved for purposes
46 for which the legislature authorized the
47 expenditures of money during the 2025-2026
48 fiscal year. An amount up to twenty
49 million dollars ($20,000,000) shall be
50 available for the payment of capital
51 projects liabilities incurred during the
S. 10166 4
1 period from April 1 through May [4] 6,
2 2026 for contracts and grants approved
3 after April 1, 2026, provided, however,
4 that nothing contained herein shall be
5 deemed to limit or restrict the power or
6 authority of state departments or agencies
7 to conduct their activities or operations
8 in accordance with existing law, and
9 further provided that nothing contained
10 herein shall be deemed to supersede,
11 nullify, or modify the provisions of
12 section 40 of the state finance law
13 prescribing when appropriations made for
14 the 2025-2026 fiscal year shall have
15 ceased to have force and effect ............ 20,000,000
16 --------------
17 § 6. Section 4 of chapter 98 of the laws of 2026, relating to making
18 appropriations for the support of government, as amended by chapter 108
19 of the laws of 2026, is amended to read as follows:
20 § 4. The amounts specified in this section, or so much thereof as
21 shall be sufficient to accomplish the purposes designated, is hereby
22 appropriated and authorized to be paid as hereinafter provided, to the
23 public officers and for the purposes specified, which amount shall be
24 available for the state fiscal year beginning April 1, 2026.
25 MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES
26 GENERAL STATE CHARGES
27 STATE OPERATIONS
28 GENERAL STATE CHARGES ....................... [713,806,000] 748,383,000
29 --------------
30 General Fund
31 State Purposes Account - 10050
32 For employee fringe benefits according to
33 the following project schedule including
34 those benefits which are related to
35 employees paid from funds, accounts, or
36 programs where the division of the budget
37 has issued waivers (85022) .. [705,908,000] 740,485,000
38 Project Schedule
39 PROJECT AMOUNT
40 --------------------------------------------
41 For the state's contribution
42 to the health insurance fund
43 and deposit into the retiree
44 health benefit trust fund
45 pursuant to section 99-aa of
46 the state finance law. The
47 state's share of the health
48 insurance program dividends
S. 10166 5
1 shall be available to pay
2 for the premiums in 2026-27 .. 514,422,000
3 For the state's contribution
4 to the social security
5 contribution fund ..........
6 ............... [137,500,000] 171,000,000
7 For the state's contribution
8 to employee benefit fund
9 programs ...................... 40,500,000
10 For the state's contribution
11 to the dental insurance plan ... 7,415,000
12 For the payment of the metro-
13 politan commuter transporta-
14 tion mobility tax pursuant
15 to article 23 of the tax
16 law, as added by chapter 25
17 of the laws of 2009, on
18 behalf of the state employ-
19 ees employed in the metro-
20 politan commuter transporta-
21 tion district .................. 5,345,000
22 For the state's share of
23 contributions to the volun-
24 tary defined contribution
25 plan made on behalf of
26 eligible employees pursuant
27 to chapter 18 of the laws
28 of 2012 who elect to partic-
29 ipate in such plan and who
30 are not otherwise eligi-
31 ble to participate in the
32 SUNY optional retirement
33 program ........... [709,000] 1,059,000
34 For the state's contribution
35 to the vision care plan ....
36 .................... [17,000] 744,000
37 --------------
38 Project schedule total ...
39 ........... [705,908,000] 740,485,000
40 --------------
41 For payments in accordance with section 19-a
42 of the public lands law (80567) .............. 7,720,000
43 For payment of claims for damage to personal
44 or real property or for bodily injuries or
45 wrongful death caused by officers, employ-
46 ees, or other authorized persons providing
47 service to state government while provid-
48 ing such service, and the state university
49 construction fund while acting within the
50 scope of their employment, and while oper-
51 ating motor vehicles, and for any individ-
52 uals operating motor vehicles which are
53 assigned on a permanent basis with unre-
54 stricted use to state officers and employ-
S. 10166 6
1 ees when the person is permanently
2 assigned the motor vehicle (80559) ............. 178,000
3 --------------
4 § 7. Section 5 of chapter 100 of the laws of 2026, relating to making
5 appropriations for the support of government, as amended by chapter 108
6 of the laws of 2026, is amended to read as follows:
7 § 5. The amounts specified in this section, or so much thereof as
8 shall be sufficient to accomplish the purposes designated, is hereby
9 appropriated and authorized to be paid as hereinafter provided, to the
10 public officers and for the purposes specified, which amount shall be
11 available for the state fiscal year beginning April 1, 2026.
12 JUDICIARY
13 For the purpose of making payments for
14 personal service, including liabilities
15 incurred prior to April 1, 2026, on the
16 payrolls scheduled to be paid during the
17 period April 1 through May [4] 6, 2026 to
18 officers and employees of the judiciary ..
19 ............................. [186,000,000] 269,000,000
20 For the payment of state operations nonper-
21 sonal service liabilities, the sum of
22 [twenty-five million dollars
23 ($25,000,000)] thirty-six million dollars
24 ($36,000,000), or so much thereof as shall
25 be sufficient to accomplish the purpose
26 designated, is hereby appropriated to the
27 judiciary out of any moneys in the general
28 fund or other funds to the credit of the
29 state purposes account not otherwise
30 appropriated. The comptroller is hereby
31 authorized and directed to utilize this
32 appropriation for the purpose of making
33 payments for nonpersonal service liabil-
34 ities incurred by the judiciary from April
35 1 through May [4] 6, 2026 .... [25,000,000] 36,000,000
36 For the payment of aid to localities liabil-
37 ities, the sum of [eleven million dollars
38 ($11,000,000)] twenty-two million dollars
39 ($22,000,000), or so much thereof as shall
40 be sufficient to accomplish the purpose
41 designated, is hereby appropriated to the
42 judiciary out of any moneys in the general
43 fund or other funds to the credit of the
44 state purposes account not otherwise
45 appropriated. The comptroller is hereby
46 authorized and directed to utilize this
47 appropriation for the purpose of making
48 payments for aid to localities liabilities
49 incurred by the judiciary from April 1
50 through May [4] 6, 2026 ...... [11,000,000] 22,000,000
51 For the payment of employee fringe benefit
52 programs including, but not limited to,
53 the judiciary's contributions to the
S. 10166 7
1 health insurance fund, the employees'
2 retirement system pension accumulation
3 fund, the social security contribution
4 fund, employee benefit fund programs, the
5 dental insurance plan, the vision care
6 plan, the unemployment insurance fund, and
7 for workers' compensation benefits, the
8 sum of [sixty-two million two hundred
9 fifty thousand dollars ($62,250,000)] one
10 hundred fifteen million seven hundred
11 fifty thousand dollars ($115,750,000), or
12 so much thereof as shall be sufficient to
13 accomplish the purpose designated, is
14 hereby appropriated to the judiciary out
15 of any moneys in the general fund or other
16 funds to the credit of the state purposes
17 account not otherwise appropriated. The
18 comptroller is hereby authorized and
19 directed to utilize this appropriation for
20 the purpose of making payments for employ-
21 ee fringe benefit liabilities incurred by
22 the judiciary from April 1 through May [4]
23 6, 2026 ...................... [62,250,000] 115,750,000
24 --------------
25 § 8. Section 5 of chapter 98 of the laws of 2026, relating to making
26 appropriations for the support of government, as amended by chapter 108
27 of the laws of 2026, is amended to read as follows:
28 § 5. The amounts specified in this section, or so much thereof as
29 shall be sufficient to accomplish the purposes designated, is hereby
30 appropriated and authorized to be paid as hereinafter provided, to the
31 public officers and for the purposes specified, which amount shall be
32 available for the state fiscal year beginning April 1, 2026.
33 DEPARTMENT OF HEALTH
34 AID TO LOCALITIES
35 CENTER FOR COMMUNITY HEALTH PROGRAM .......... [45,372,000] 48,582,000
36 --------------
37 General Fund
38 Local Assistance Account - 10000
39 For services and expenses related to the
40 Indian health program pursuant to a plan
41 prepared by the commissioner of health and
42 approved by the director of the budget.
43 The moneys hereby appropriated shall be
44 for payment of financial assistance here-
45 tofore accrued or hereafter to accrue
46 (26840) ..................................... 10,062,000
47 --------------
48 Special Revenue Funds - Federal
49 Federal USDA-Food and Nutrition Services Fund
S. 10166 8
1 Federal Food and Nutrition Services Account - 25022
2 For various federal food and nutritional
3 services. The moneys hereby appropriated
4 shall be available for payment of finan-
5 cial assistance heretofore accrued (26986)
6 .............................. [35,310,000] 38,520,000
7 --------------
8 CHILD HEALTH INSURANCE PROGRAM ............................. 212,950,000
9 --------------
10 Special Revenue Funds - Other
11 HCRA Resources Fund
12 Children's Health Insurance Account - 20810
13 The money hereby appropriated is available
14 for payment of aid heretofore accrued or
15 hereafter accrued.
16 Notwithstanding any other provision of law,
17 the money hereby appropriated may be
18 increased or decreased by transfer or
19 suballocation to appropriations of the
20 office of temporary and disability assist-
21 ance, for the reimbursement of local
22 district administrative costs related to
23 children newly enrolled in medicaid whose
24 household income is between 100 percent
25 and 133 percent of the federal poverty
26 level.
27 Notwithstanding any provision of law to the
28 contrary, the amounts appropriated herein
29 shall be net of refunds, rebates,
30 reimbursements, credits, repayments,
31 and/or disallowances.
32 For services and expenses related to the
33 children's health insurance program
34 authorized pursuant to title 1-A of arti-
35 cle 25 of the public health law (26931) .... 212,950,000
36 --------------
37 ELDERLY PHARMACEUTICAL INSURANCE COVERAGE PROGRAM ............ 1,800,000
38 --------------
39 Special Revenue Funds - Other
40 HCRA Resources Fund
41 EPIC Premium Account - 20818
42 For services and expenses of the program for
43 elderly pharmaceutical insurance coverage,
44 including reimbursement to pharmacies
45 participating in such program. The moneys
46 hereby appropriated shall be available for
47 payment of financial assistance heretofore
48 accrued (26803) .............................. 1,800,000
49 --------------
S. 10166 9
1 ESSENTIAL PLAN PROGRAM ................................... 1,150,000,000
2 --------------
3 Special Revenue Funds - Federal
4 Federal Health and Human Services Fund
5 Essential Plan Account - 25186
6 For services and expenses related to the
7 essential plan program, in accordance
8 State Innovation Waiver provisions author-
9 ized by Section 1332 of the federal
10 patient protection and affordable care
11 act.
12 Notwithstanding any inconsistent provision
13 of law, the moneys hereby appropriated may
14 be increased or decreased by interchange
15 or transfer with any appropriation of the
16 department of health or for transfer to
17 Health Research Incorporated (HRI).
18 Notwithstanding any provision of law to the
19 contrary, the amounts appropriated herein
20 shall be net of refunds, rebates,
21 reimbursements, credits, repayments,
22 and/or disallowances.
23 The money hereby appropriated is available
24 for payment of aid heretofore accrued or
25 hereafter accrued (59054) ................ 1,150,000,000
26 --------------
27 MEDICAL ASSISTANCE PROGRAM .............. [8,449,731,000] 10,409,681,000
28 --------------
29 General Fund
30 Local Assistance Account - 10000
31 For the medical assistance program, includ-
32 ing administrative expenses, for local
33 social services districts, and for medical
34 care rates for authorized child care agen-
35 cies.
36 Notwithstanding section 40 of the state
37 finance law or any provision of law to the
38 contrary, subject to federal approval,
39 department of health state funds medicaid
40 spending, excluding payments for medical
41 services provided at state facilities
42 operated by the office of mental health,
43 the office for people with developmental
44 disabilities and the office of addiction
45 services and supports and further exclud-
46 ing any payments which are not appropri-
47 ated within the department of health, in
48 the aggregate, for the period April 1,
49 2026 through March 31, 2027, shall not
50 exceed $36,099,200,000 except as provided
51 below provided, however, such aggregate
S. 10166 10
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-
S. 10166 11
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
S. 10166 12
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
S. 10166 13
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
S. 10166 14
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
S. 10166 15
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-
S. 10166 16
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 2026-27 shall
47 supersede and replace any duplicative (i)
48 reappropriation for this item covering
49 fiscal year 2026-27, and (ii) appropri-
50 ation for this item covering fiscal year
51 2026-27 set forth in chapter 53 of the
52 laws of 2025 (26947) ........ [121,190,000] 145,428,000
53 For services and expenses of the medical
54 assistance program including hospital
55 outpatient and emergency room services.
S. 10166 17
1 Notwithstanding any provision of law to the
2 contrary, the portion of this appropri-
3 ation covering fiscal year 2026-27 shall
4 supersede and replace any duplicative (i)
5 reappropriation for this item covering
6 fiscal year 2026-27, and (ii) appropri-
7 ation for this item covering fiscal year
8 2026-27 set forth in chapter 53 of the
9 laws of 2025 (26948) ......... [36,245,000] 43,494,000
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 2026-27 shall
16 supersede and replace any duplicative (i)
17 reappropriation for this item covering
18 fiscal year 2026-27, and (ii) appropri-
19 ation for this item covering fiscal year
20 2026-27 set forth in chapter 53 of the
21 laws of 2025 (26949) ......... [70,990,000] 85,188,000
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 2026-27 shall
28 supersede and replace any duplicative (i)
29 reappropriation for this item covering
30 fiscal year 2026-27, and (ii) appropri-
31 ation for this item covering fiscal year
32 2026-27 set forth in chapter 53 of the
33 laws of 2025 (26950) ........ [178,425,000] 214,110,000
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 2026-27 shall
40 supersede and replace any duplicative (i)
41 reappropriation for this item covering
42 fiscal year 2026-27, and (ii) appropri-
43 ation for this item covering fiscal year
44 2026-27 set forth in chapter 53 of the
45 laws of 2025 (26951) ....... [849,930,000] 1,019,916,000
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
S. 10166 18
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 2026-27 shall
9 supersede and replace any duplicative (i)
10 reappropriation for this item covering
11 fiscal year 2026-27, and (ii) appropri-
12 ation for this item covering fiscal year
13 2026-27 set forth in chapter 53 of the
14 laws of 2025 (26952) ........ [778,550,000] 934,260,000
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 2026-27 shall
20 supersede and replace any duplicative (i)
21 reappropriation for this item covering
22 fiscal year 2026-27, and (ii) appropri-
23 ation for this item covering fiscal year
24 2026-27 set forth in chapter 53 of the
25 laws of 2025 (29548) ......... [18,850,000] 22,620,000
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 2026-27 shall
37 supersede and replace any duplicative (i)
38 reappropriation for this item covering
39 fiscal year 2026-27, and (ii) appropri-
40 ation for this item covering fiscal year
41 2026-27 set forth in chapter 53 of the
42 laws of 2025 (26953) ........ [359,630,000] 431,556,000
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 2026-27 shall
49 supersede and replace any duplicative (i)
50 reappropriation for this item covering
51 fiscal year 2026-27, and (ii) appropri-
52 ation for this item covering fiscal year
53 2026-27 set forth in chapter 53 of the
54 laws of 2025 (26954) ......... [51,660,000] 61,992,000
S. 10166 19
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 2026-27 shall
7 supersede and replace any duplicative (i)
8 reappropriation for this item covering
9 fiscal year 2026-27, and (ii) appropri-
10 ation for this item covering fiscal year
11 2026-27 set forth in chapter 53 of the
12 laws of 2025 (26955) ............ [395,000] 474,000
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 2026-27 shall
28 supersede and replace any duplicative (i)
29 reappropriation for this item covering
30 fiscal year 2026-27, and (ii) appropri-
31 ation for this item covering fiscal year
32 2026-27 set forth in chapter 53 of the
33 laws of 2025 (26956) ........ [103,020,000] 123,624,000
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 2026-27 shall
44 supersede and replace any duplicative (i)
45 reappropriation for this item covering
46 fiscal year 2026-27, and (ii) appropri-
47 ation for this item covering fiscal year
48 2026-27 set forth in chapter 53 of the
49 laws of 2025 (26961) ........ [480,770,000] 576,924,000
50 --------------
51 Special Revenue Funds - Federal
52 Federal Health and Human Services Fund
53 Medicaid Direct Account - 25106
S. 10166 20
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
S. 10166 21
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
S. 10166 22
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 provisions
10 of law, no expenditures shall be used for
11 the medical assistance program for any
12 expenses not explicitly authorized in law
13 without the approval of the director of
14 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 2026-27 shall
21 supersede and replace any duplicative (i)
22 reappropriation for this item covering
23 fiscal year 2026-27, and (ii) appropri-
24 ation for this item covering fiscal year
25 2026-27 set forth in chapter 53 of the
26 laws of 2025 (26947) ........ [303,540,000] 379,425,000
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 2026-27 shall
33 supersede and replace any duplicative (i)
34 reappropriation for this item covering
35 fiscal year 2026-27, and (ii) appropri-
36 ation for this item covering fiscal year
37 2026-27 set forth in chapter 53 of the
38 laws of 2025 (26948) ......... [54,096,000] 67,620,000
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 2026-27 shall
45 supersede and replace any duplicative (i)
46 reappropriation for this item covering
47 fiscal year 2026-27, and (ii) appropri-
48 ation for this item covering fiscal year
49 2026-27 set forth in chapter 53 of the
50 laws of 2025 (26949) ......... [87,588,000] 109,485,000
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 2026-27 shall
S. 10166 23
1 supersede and replace any duplicative (i)
2 reappropriation for this item covering
3 fiscal year 2026-27, and (ii) appropri-
4 ation for this item covering fiscal year
5 2026-27 set forth in chapter 53 of the
6 laws of 2025 (26950) ........ [450,960,000] 563,700,000
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 2026-27 shall
13 supersede and replace any duplicative (i)
14 reappropriation for this item covering
15 fiscal year 2026-27, and (ii) appropri-
16 ation for this item covering fiscal year
17 2026-27 set forth in chapter 53 of the
18 laws of 2025 (26951) ..... [1,286,436,000] 1,608,045,000
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 inconsistent provision
36 of law, rule, or regulation to the contra-
37 ry, funds appropriated herein shall not be
38 subject to article 6 of the financial
39 services law.
40 Notwithstanding any inconsistent provision
41 of law, rule, or regulation to the contra-
42 ry, funds appropriated herein shall only
43 be made available for applied behavior
44 analysis services if such services are
45 recommended by a health care or mental
46 health care practitioner authorized under
47 title eight of the education law who has
48 been designated as an applied behavior
49 analysis center of excellence provider by
50 the commissioner of health.
51 Notwithstanding any provision of law to the
52 contrary, the portion of this appropri-
53 ation covering fiscal year 2026-27 shall
54 supersede and replace any duplicative (i)
55 reappropriation for this item covering
S. 10166 24
1 fiscal year 2026-27, and (ii) appropri-
2 ation for this item covering fiscal year
3 2026-27 set forth in chapter 53 of the
4 laws of 2025 (26952) ..... [1,569,872,000] 1,962,340,000
5 For services and expenses of the medical
6 assistance program including pharmacy
7 services, provided, however, that no funds
8 shall be made available pursuant to this
9 appropriation for any drug not explicitly
10 authorized in any heretofore enacted law,
11 rule, or regulation without approval from
12 the director of the budget.
13 Notwithstanding any provision of law to the
14 contrary, the portion of this appropri-
15 ation covering fiscal year 2026-27 shall
16 supersede and replace any duplicative (i)
17 reappropriation for this item covering
18 fiscal year 2026-27, and (ii) appropri-
19 ation for this item covering fiscal year
20 2026-27 set forth in chapter 53 of the
21 laws of 2025 (26953) ........ [472,876,000] 591,095,000
22 For services and expenses of the medical
23 assistance program including transporta-
24 tion services.
25 Notwithstanding any provision of law to the
26 contrary, the portion of this appropri-
27 ation covering fiscal year 2026-27 shall
28 supersede and replace any duplicative (i)
29 reappropriation for this item covering
30 fiscal year 2026-27, and (ii) appropri-
31 ation for this item covering fiscal year
32 2026-27 set forth in chapter 53 of the
33 laws of 2025 (26954) ......... [63,528,000] 79,410,000
34 For services and expenses of the medical
35 assistance program including dental
36 services.
37 Notwithstanding any provision of law to the
38 contrary, the portion of this appropri-
39 ation covering fiscal year 2026-27 shall
40 supersede and replace any duplicative (i)
41 reappropriation for this item covering
42 fiscal year 2026-27, and (ii) appropri-
43 ation for this item covering fiscal year
44 2026-27 set forth in chapter 53 of the
45 laws of 2025 (26955) .......... [7,344,000] 9,180,000
46 For services and expenses of the medical
47 assistance program including noninstitu-
48 tional and other spending.
49 The money hereby appropriated is available
50 for payment of liabilities heretofore
51 accrued or hereafter accrued.
52 Notwithstanding any provision of law to the
53 contrary, the portion of this appropri-
54 ation covering fiscal year 2026-27 shall
55 supersede and replace any duplicative (i)
56 reappropriation for this item covering
S. 10166 25
1 fiscal year 2026-27, and (ii) appropri-
2 ation for this item covering fiscal year
3 2026-27 set forth in chapter 53 of the
4 laws of 2025 (26956) ........ [719,220,000] 899,025,000
5 Notwithstanding any inconsistent provision
6 of law, subject to the approval of the
7 director of the budget, upon submission of
8 an allocation adjustment from the commis-
9 sioner of health, the amount appropriated
10 herein, together with any available feder-
11 al matching funds, may be transferred or
12 suballocated to the office of mental
13 health, office of addiction services and
14 supports, office for people with develop-
15 mental disabilities, division of housing
16 and community renewal, New York state
17 housing trust fund corporation, and office
18 of temporary and disability assistance for
19 services and expenses related to providing
20 affordable housing. Any such spending
21 shall consider the geographical location
22 of the grants.
23 Notwithstanding any provision of law to the
24 contrary, the portion of this appropri-
25 ation covering fiscal year 2026-27 shall
26 supersede and replace any duplicative (i)
27 reappropriation for this item covering
28 fiscal year 2026-27, and (ii) appropri-
29 ation for this item covering fiscal year
30 2026-27 set forth in chapter 53 of the
31 laws of 2025 (29521) ........ [384,616,000] 480,770,000
32 --------------
33 § 9. Section 6 of chapter 98 of the laws of 2026, relating to making
34 appropriations for the support of government, as amended by chapter 108
35 of the laws of 2026, is amended to read as follows:
36 § 6. 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, 2026.
41 DEPARTMENT OF LABOR
42 AID TO LOCALITIES
43 UNEMPLOYMENT INSURANCE BENEFIT PROGRAM ... [1,020,000,000] 1,215,000,000
44 --------------
45 Enterprise Funds
46 Unemployment Insurance Benefit Fund
47 Unemployment Insurance Benefit Account - 50650
48 For payment of unemployment insurance bene-
49 fits pursuant to article 18 of the labor
50 law or as authorized by the federal
S. 10166 26
1 government through the disaster unemploy-
2 ment assistance program, the emergency
3 unemployment compensation program, the
4 extended benefit program, the federal
5 additional compensation program or any
6 other federally funded unemployment bene-
7 fit program (34787) ...... [1,020,000,000] 1,215,000,000
8 --------------
9 § 10. Section 8 of chapter 100 of the laws of 2026, relating to making
10 appropriations for the support of government, as amended by chapter 103
11 of the laws of 2026, is amended to read as follows:
12 § 8. The amounts specified in this section, or so much thereof as
13 shall be sufficient to accomplish the purposes designated, is hereby
14 appropriated and authorized to be paid as hereinafter provided, to the
15 public officers and for the purposes specified, which amount shall be
16 available for the state fiscal year beginning April 1, 2026.
17 DEPARTMENT OF TRANSPORTATION
18 AID TO LOCALITIES
19 ADDITIONAL MASS TRANSPORTATION ASSISTANCE PROGRAM ........... 42,536,150
20 --------------
21 General Fund
22 Local Assistance Account - 10000
23 Notwithstanding any inconsistent provision
24 of law, the following appropriations are
25 for the payment of mass transportation
26 operating assistance provided that
27 payments from this appropriation shall be
28 made pursuant to a financial plan approved
29 by the director of the budget.
30 To the Capital District transportation
31 authority for the operating expenses ther-
32 eof (53206) .................................. 9,590,650
33 To the Central New York regional transporta-
34 tion authority for the operating expenses
35 thereof (53207) .............................. 6,906,575
36 To the Rochester-Genesee regional transpor-
37 tation authority for the operating
38 expenses thereof (53208) ..................... 8,229,375
39 To the Niagara Frontier transportation
40 authority for the operating expenses ther-
41 eof (53209) .................................. 9,876,025
42 To all other public transportation systems
43 serving primarily outside of the metropol-
44 itan commuter transportation district
45 eligible to receive operating assistance
46 under the provisions of section 18-b of
47 the transportation law for the operating
48 expenses thereof in accordance with a
49 service and usage formula to be estab-
50 lished by the commissioner of transporta-
51 tion with the approval of the director of
52 the budget (53210) ........................... 7,178,100
S. 10166 27
1 To Rockland county for the expenses thereof,
2 incurred for public transportation
3 services within the county provided
4 directly or under contract (53211) ............... 8,375
5 To the city of New York for the operating
6 expenses of the Staten Island ferry
7 notwithstanding any other provision of law
8 (53212) ......................................... 81,725
9 To the county of Westchester for the operat-
10 ing expenses thereof incurred for the
11 public transportation services, provided
12 within the county directly or under
13 contract (53213) ............................... 137,175
14 To the county of Nassau or its sub-grantees
15 for the operating expenses thereof
16 incurred for public transportation
17 services (53214) ............................... 165,925
18 To the county of Suffolk for operating
19 expenses thereof incurred for public
20 transportation services, provided within
21 the county directly or under contract
22 (53215) ......................................... 64,550
23 To the city of New York for the operating
24 expenses thereof incurred for public
25 transportation services, provided within
26 the city directly or under contract
27 (53216) ........................................ 218,425
28 To all other public transportation systems
29 serving primarily within the metropolitan
30 commuter transportation district eligible
31 to receive operating assistance under the
32 provisions of section 18-b of the trans-
33 portation law for the operating expenses
34 thereof in accordance with a service and
35 usage formula to be established by the
36 commissioner of transportation with the
37 approval of the director of the budget
38 (53217) ......................................... 79,250
39 --------------
40 DEDICATED MASS TRANSPORTATION TRUST FUND PROGRAM .........
41 ............................................ [48,325,000] 61,360,250
42 --------------
43 Special Revenue Funds - Other
44 Dedicated Mass Transportation Trust Fund
45 Non-MTA Capital Account - 20853
46 Notwithstanding any inconsistent provision
47 of law, the following appropriations are
48 for payment of mass transportation operat-
49 ing assistance for public transportation
50 systems eligible to receive operating
51 assistance under the provisions of section
52 18-b of the transportation law, provided
53 that payments from this appropriation
S. 10166 28
1 shall be made pursuant to a financial plan
2 approved by the director of the budget.
3 To the Capital District transportation
4 authority for the operating expenses ther-
5 eof (54253) .................................. 2,585,875
6 To the Central New York regional transporta-
7 tion authority for the operating expenses
8 thereof (54251) .............................. 2,304,275
9 To the Rochester-Genesee regional transpor-
10 tation authority for the operating
11 expenses thereof (54252) ..................... 2,582,850
12 To the Niagara Frontier regional transporta-
13 tion authority for the operating expenses
14 thereof (54254) .............................. 3,364,300
15 To all other public transportation bus
16 systems serving primarily areas outside of
17 the metropolitan transportation commuter
18 district eligible to receive operating
19 assistance under the provisions of section
20 18-b of the transportation law for the
21 operating expenses thereof in accordance
22 with the service and usage formula to be
23 established by the commissioner of trans-
24 portation with the approval of the direc-
25 tor of the budget (54250) .................... 2,197,950
26 --------------
27 Special Revenue Funds - Other
28 Dedicated Mass Transportation Trust Fund
29 Railroad Account - 20852
30 To the metropolitan transportation authority
31 for deposit in the metropolitan transpor-
32 tation authority dedicated tax fund for
33 the expenses of the New York city transit
34 authority, the Manhattan and Bronx surface
35 transit operating authority, and the
36 Staten Island rapid transit operating
37 authority, the Long Island rail road
38 company and the Metro-North commuter rail-
39 road company which includes the New York
40 state portion of the Harlem, Hudson, Port
41 Jervis, Pascack, and the New Haven commu-
42 ter railroad service regardless of whether
43 the services are provided directly or
44 pursuant to joint service agreements. No
45 expenditure shall be made hereunder until
46 a certificate of approval has been issued
47 by the director of the budget and a copy
48 of such certificate filed with the state
49 comptroller, the chairperson of the senate
50 finance committee and the chairperson of
51 the assembly ways and means committee.
52 Moneys appropriated herein may be made
53 available at such times and upon such
54 conditions as may be deemed appropriate by
S. 10166 29
1 the commissioner of transportation and the
2 director of the budget in accordance with
3 the following:
4 To the metropolitan transportation authority
5 for the operating expenses of the Long
6 Island rail road company and the Metro-
7 North commuter railroad company which
8 include operating expenses for the New
9 York state portion of Harlem, Hudson, Port
10 Jervis, Pascack, and New Haven commuter
11 railroad services regardless of whether
12 such services are provided directly or
13 pursuant to joint service agreements
14 (54282) ...................................... 7,260,000
15 --------------
16 Special Revenue Funds - Other
17 Dedicated Mass Transportation Trust Fund
18 Transit Authorities Account - 20851
19 To the metropolitan transportation authority
20 for deposit in the metropolitan transpor-
21 tation authority dedicated tax fund for
22 the expenses of the New York city transit
23 authority, the Manhattan and Bronx surface
24 transit operating authority, and the
25 Staten Island rapid transit operating
26 authority, the Long Island rail road
27 company and the Metro-North commuter rail-
28 road company which includes the New York
29 state portion of the Harlem, Hudson, Port
30 Jervis, Pascack, and the New Haven commu-
31 ter railroad service regardless of whether
32 the services are provided directly or
33 pursuant to joint service agreements. No
34 expenditure shall be made hereunder until
35 a certificate of approval has been issued
36 by the director of the budget and a copy
37 of such certificate filed with the state
38 comptroller, the chairperson of the senate
39 finance committee and the chairperson of
40 the assembly ways and means committee.
41 Moneys appropriated herein may be made
42 available at such times and upon such
43 conditions as may be deemed appropriate by
44 the commissioner of transportation and the
45 director of the budget in accordance with
46 the following:
47 To the metropolitan transportation authority
48 for the operating expenses of the New York
49 city transit authority, the Manhattan and
50 Bronx surface transit operating authority,
51 and the Staten Island rapid transit oper-
52 ating authority (53173) ..................... 41,065,000
53 --------------
S. 10166 30
1 MASS TRANSPORTATION ASSISTANCE PROGRAM ....................... 6,312,750
2 --------------
3 General Fund
4 Local Assistance Account - 10000
5 For payment to the metropolitan transporta-
6 tion authority for the costs of the
7 student fare for school children program
8 for the 2026-27 school year provided
9 however, that the program shall maintain
10 the same eligibility criteria and discount
11 structure for students as was provided
12 during the 2019-20 school year. No expend-
13 iture shall be made hereunder until a
14 certificate of approval has been issued by
15 the director of the budget and a copy of
16 such certificate filed with the state
17 comptroller, the chairperson of the senate
18 finance committee and the chairperson of
19 the assembly ways and means committee.
20 Moneys appropriated herein may only be
21 made available prior to the beginning of
22 each school year semester designated fall,
23 spring, and summer after the receipt of
24 student fare passes by the New York City
25 department of education from the metropol-
26 itan transportation authority (53175) ........ 6,312,750
27 --------------
28 MASS TRANSPORTATION OPERATING ASSISTANCE FUND PROGRAM ...... 167,533,375
29 --------------
30 Special Revenue Funds - Other
31 Mass Transportation Operating Assistance Fund
32 Metropolitan Mass Transportation Operating Assistance
33 Account - 21402
34 Notwithstanding any inconsistent provision
35 of law, the following appropriations are
36 for payment of mass transportation operat-
37 ing assistance provided that payments from
38 this appropriation shall be made pursuant
39 to a financial plan approved by the direc-
40 tor of the budget.
41 To Rockland county for the expenses thereof
42 incurred for public transportation
43 services within the county, provided
44 directly or under contract (53178) ........... 1,591,325
45 To the city of New York for the operating
46 expenses of the Staten Island ferry
47 notwithstanding any other provisions of
48 law (53179) ................................. 14,831,275
49 To the county of Westchester for the operat-
50 ing expenses thereof incurred for public
51 transportation services, provided within
S. 10166 31
1 the county directly or under contract
2 (53180) ..................................... 25,355,925
3 To the county of Nassau or its sub-grantees
4 for the operating expenses thereof
5 incurred for public transportation
6 services (53181) ............................ 30,880,275
7 To the county of Suffolk for operating
8 expenses thereof incurred for public
9 transportation services, provided within
10 the county directly or under contract
11 (53182) ..................................... 12,027,150
12 To the city of New York for the operating
13 expenses thereof incurred for public
14 transportation services, provided within
15 the city directly or under contract;
16 provided however, that $2,000,000 of this
17 appropriation shall be for expenses
18 incurred for the Staten Island express bus
19 service (53183) ............................. 39,794,050
20 To all other public transportation systems
21 serving primarily within the metropolitan
22 commuter transportation district, as
23 defined in section 1262 of the public
24 authorities law, eligible to receive oper-
25 ating assistance under the provisions of
26 section 18-b of the transportation law for
27 the operating expenses thereof in accord-
28 ance with a service and usage formula to
29 be established by the commissioner of
30 transportation with the approval of the
31 director of the budget (53184) .............. 14,542,125
32 --------------
33 Special Revenue Funds - Other
34 Mass Transportation Operating Assistance Fund
35 Public Transportation Systems Operating Assistance
36 Account - 21401
37 Notwithstanding any inconsistent provision
38 of law, the following appropriations are
39 for payment of mass transportation operat-
40 ing assistance provided that payments from
41 this appropriation shall be made pursuant
42 to a financial plan approved by the direc-
43 tor of the budget.
44 To the Capital District transportation
45 authority for the operating expenses ther-
46 eof (53185) .................................. 4,623,425
47 To the Central New York regional transporta-
48 tion authority for the operating expenses
49 thereof (53186) .............................. 4,278,125
50 To the Rochester-Genesee regional transpor-
51 tation authority for the operating
52 expenses thereof (53187) ..................... 5,339,850
53 To the Niagara Frontier transportation
S. 10166 32
1 authority for the operating expenses ther-
2 eof (53188) .................................. 7,986,200
3 To all other public transportation bus
4 systems serving primarily areas outside of
5 the metropolitan commuter transportation
6 district eligible to receive operating
7 assistance under the provisions of section
8 18-b of the transportation law for the
9 operating expenses thereof in accordance
10 with the service and usage formula to be
11 established by the commissioner of trans-
12 portation with the approval of the direc-
13 tor of the budget (53189) .................... 6,283,650
14 --------------
15 MASS TRANSPORTATION OPERATING ASSISTANCE PROGRAM ............ 55,467,475
16 --------------
17 General Fund
18 Local Assistance Account - 10000
19 Notwithstanding any inconsistent provision
20 of law, the following appropriations are
21 for the payment of mass transportation
22 operating assistance pursuant to section
23 18-b of the transportation law.
24 To the metropolitan transportation authority
25 for the operating expenses of the New York
26 city transit authority, the Manhattan and
27 Bronx surface transit operating authority,
28 and the Staten Island rapid transit oper-
29 ating authority (53192) ........................ 548,850
30 To the metropolitan transportation authority
31 for the operating expenses of the Long
32 Island rail road company and the Metro-
33 North commuter railroad company which
34 include operating expenses for the New
35 York state portion of Harlem, Hudson, Port
36 Jervis, Pascack, and New Haven commuter
37 railroad services regardless of whether
38 such services are provided directly or
39 pursuant to joint service agreements
40 (53193) ........................................ 916,650
41 To the city of New York for the operating
42 expenses of the Staten Island ferry
43 notwithstanding any other provision of law
44 (53198) ......................................... 77,250
45 To the county of Westchester for the operat-
46 ing expenses thereof incurred for the
47 public transportation services, provided
48 within the county directly or under
49 contract (53199) ................................ 65,275
50 To the county of Nassau or its sub-grantees
51 for the operating expenses thereof
52 incurred for public transportation
53 services (53200) ................................ 52,800
S. 10166 33
1 To the county of Suffolk for operating
2 expenses thereof incurred for public
3 transportation services, provided within
4 the county directly or under contract
5 (53201) ......................................... 18,700
6 To the city of New York for the operating
7 expenses thereof incurred for public
8 transportation services, provided within
9 the city directly or under contract
10 (53202) ........................................ 184,275
11 To all other public transportation systems
12 serving primarily within the metropolitan
13 commuter transportation district eligible
14 to receive operating assistance under the
15 provisions of section 18-b of the trans-
16 portation law for the operating expenses
17 thereof in accordance with a service and
18 usage formula to be established by the
19 commissioner of transportation with the
20 approval of the director of the budget
21 (53203) ......................................... 51,900
22 To the Capital District transportation
23 authority for the operating expenses ther-
24 eof (53194) .................................... 347,325
25 To the Central New York regional transporta-
26 tion authority for the operating expenses
27 thereof (53195) ................................ 548,125
28 To the Rochester-Genesee regional transpor-
29 tation authority for the operating
30 expenses thereof (53196) ....................... 685,125
31 To the Niagara Frontier transportation
32 authority for the operating expenses ther-
33 eof (53197) .................................... 713,500
34 To all other public transportation systems
35 serving primarily outside the metropolitan
36 commuter transportation district eligible
37 to receive operating assistance under the
38 provisions of section 18-b of the trans-
39 portation law for the operating expenses
40 thereof in accordance with a service and
41 usage formula to be established by the
42 commissioner of transportation with the
43 approval of the director of the budget
44 (53204) ........................................ 510,175
45 --------------
46 Special Revenue Funds - Other
47 Mass Transportation Operating Assistance Fund
48 Metropolitan Mass Transportation Operating Assistance
49 Account - 21402
50 Notwithstanding any inconsistent provision
51 of law, the following appropriations are
52 for the payment of mass transportation
53 operating assistance pursuant to section
S. 10166 34
1 18-b of the transportation law and section
2 88-a of the state finance law.
3 To the metropolitan transportation authority
4 for the operating expenses of the New York
5 city transit authority, the Manhattan and
6 Bronx surface transit operating authority,
7 and the Staten Island rapid transit oper-
8 ating authority (53192) ..................... 39,119,150
9 To the metropolitan transportation authority
10 for the operating expenses of the Long
11 Island rail road company and the Metro-
12 North commuter railroad company which
13 include operating expenses for the New
14 York state portion of Harlem, Hudson, Port
15 Jervis, Pascack, and New Haven commuter
16 railroad services regardless of whether
17 such services are provided directly or
18 pursuant to joint service agreements
19 (53193) ...................................... 6,396,350
20 To the city of New York for the operating
21 expenses of the Staten Island ferry
22 (53198) ........................................ 615,675
23 To the county of Westchester for the operat-
24 ing expenses thereof incurred for public
25 transportation services, provided within
26 the county directly or under contract
27 (53199) ........................................ 635,575
28 To the county of Nassau or its sub-grantees
29 for the operating expenses thereof
30 incurred for public transportation
31 services (53200) ............................... 582,075
32 To the county of Suffolk for operating
33 expenses thereof incurred for public
34 transportation services, provided within
35 the county directly or under contract
36 (53201) ........................................ 212,375
37 To the city of New York for the operating
38 expenses thereof incurred for public
39 transportation services, provided within
40 the city directly or under contract
41 (53202) ...................................... 1,507,775
42 To eligible public transportation systems
43 serving primarily within the metropolitan
44 commuter transportation district, as
45 defined in section 1262 of the public
46 authorities law, eligible to receive oper-
47 ating assistance under the provisions of
48 section 18-b of the transportation law for
49 the operating expenses thereof in accord-
50 ance with a service and usage formula to
51 be established by the commissioner of
52 transportation with the approval of the
53 director of the budget (53203) ................. 454,550
54 --------------
55 Special Revenue Funds - Other
S. 10166 35
1 Mass Transportation Operating Assistance Fund
2 Public Transportation Systems Operating Assistance
3 Account - 21401
4 Notwithstanding any inconsistent provision
5 of law, the following appropriations are
6 for the payment of mass transportation
7 operating assistance pursuant to section
8 18-b of the transportation law and section
9 88-a of the state finance law.
10 To the Capital District transportation
11 authority for the operating expenses ther-
12 eof (53194) .................................... 151,525
13 To the Central New York regional transporta-
14 tion authority for the operating expenses
15 thereof (53195) ................................ 255,775
16 To the Rochester-Genesee regional transpor-
17 tation authority for the operating
18 expenses thereof (53196) ....................... 292,250
19 To the Niagara Frontier transportation
20 authority for the operating expenses ther-
21 eof (53197) .................................... 311,500
22 To all other public transportation bus
23 systems serving areas outside of the
24 metropolitan commuter transportation
25 district eligible to receive operating
26 assistance under the provisions of section
27 18-b of the transportation law for the
28 operating expenses thereof in accordance
29 with the service and usage formula to be
30 established by the commissioner of trans-
31 portation with the approval of the direc-
32 tor of the budget (54289) ...................... 212,950
33 --------------
34 METROPOLITAN TRANSPORTATION AUTHORITY SUPPORT PROGRAM ....... 13,138,000
35 --------------
36 Special Revenue Funds - Other
37 Metropolitan Transportation Authority Financial Assist-
38 ance Fund
39 New York Central Business District Trust Fund - 23653
40 To the metropolitan transportation authority
41 pursuant to section 99-ff of the state
42 finance law for deposit in the central
43 business district tolling capital lockbox
44 established pursuant to section 553-j of
45 the public authorities law (54298) .......... 13,138,000
46 --------------
47 § 11. Section 7 of chapter 98 of the laws of 2026, relating to making
48 appropriations for the support of government, as amended by chapter 108
49 of the laws of 2026, is amended to read as follows:
50 § 7. The amounts specified in this section, or so much thereof as
51 shall be sufficient to accomplish the purposes designated, is hereby
S. 10166 36
1 appropriated and authorized to be paid as hereinafter provided, to the
2 public officers and for the purposes specified, which amount shall be
3 available for the state fiscal year beginning April 1, 2026.
4 DEPARTMENT OF MENTAL HYGIENE
5 OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES
6 AID TO LOCALITIES
7 COMMUNITY SERVICES PROGRAM .................. [615,555,000] 760,608,000
8 --------------
9 General Fund
10 Local Assistance Account - 10000
11 For services and expenses of the community
12 services program, net of disallowances,
13 for community programs for people with
14 developmental disabilities pursuant to
15 article 41 of the mental hygiene law,
16 and/or chapter 620 of the laws of 1974,
17 chapter 660 of the laws of 1977, chapter
18 412 of the laws of 1981, chapter 27 of the
19 laws of 1987, chapter 729 of the laws of
20 1989, chapter 329 of the laws of 1993 and
21 other provisions of the mental hygiene
22 law. Notwithstanding any inconsistent
23 provision of law, the following appropri-
24 ation shall be net of prior and/or current
25 year refunds, rebates, reimbursements, and
26 credits.
27 Notwithstanding any other provision of law,
28 advances and reimbursement made pursuant
29 to subdivision (d) of section 41.15 and
30 section 41.18 of the mental hygiene law
31 shall be allocated pursuant to a plan and
32 in a manner prescribed by the agency head
33 and approved by the director of the budg-
34 et. The moneys hereby appropriated are
35 available to reimburse or advance locali-
36 ties and voluntary non-profit agencies for
37 expenditures made during local fiscal
38 periods commencing January 1, 2026, April
39 1, 2026 or July 1, 2026, and for advances
40 for the 3 month period beginning January
41 1, 2027.
42 Notwithstanding the provisions of article 41
43 of the mental hygiene law or any other
44 inconsistent provision of law, rule or
45 regulation, the commissioner, pursuant to
46 such contract and in the manner provided
47 therein, may pay all or a portion of the
48 expenses incurred by such voluntary agen-
49 cies arising out of loans which are funded
50 from the proceeds of bonds and notes
S. 10166 37
1 issued by the dormitory authority of the
2 state of New York.
3 Notwithstanding any other provision of law,
4 the money hereby appropriated may be
5 transferred to state operations and/or any
6 appropriation of the office for people
7 with developmental disabilities with the
8 approval of the director of the budget.
9 Notwithstanding any inconsistent provision
10 of law, moneys from this appropriation may
11 be used for state aid of up to 100 percent
12 of the net deficit costs of day training
13 programs and family support services.
14 Notwithstanding the provisions of section
15 16.23 of the mental hygiene law and any
16 other inconsistent provision of law, with
17 relation to the operation of certified
18 family care homes, including family care
19 homes sponsored by voluntary not-for-pro-
20 fit agencies, moneys from this appropri-
21 ation may be used for payments to purchase
22 general services including but not limited
23 to respite providers, up to a maximum of
24 14 days, at rates to be established by the
25 commissioner and approved by the director
26 of the budget in consideration of factors
27 including, but not limited to, geographic
28 area and number of clients cared for in
29 the home and for payment in an amount
30 determined by the commissioner for the
31 personal needs of each client residing in
32 the family care home.
33 Notwithstanding the provisions of subdivi-
34 sion 12 of section 8 of the state finance
35 law and any other inconsistent provision
36 of law, moneys from this appropriation may
37 be used for expenses of family care homes
38 including payments to operators of certi-
39 fied family care homes for damages caused
40 by clients to personal and real property
41 in accordance with standards established
42 by the commissioner and approved by the
43 director of the budget.
44 Notwithstanding any inconsistent provision
45 of law, moneys from this appropriation may
46 be used for appropriate day program
47 services and residential services includ-
48 ing, but not limited to, direct housing
49 subsidies to individuals, start-up
50 expenses for family care providers, envi-
51 ronmental modifications, adaptive technol-
52 ogies, appraisals, property options,
53 feasibility studies and preoperational
54 expenses.
55 Notwithstanding any inconsistent provision
56 of law except pursuant to a chapter of the
S. 10166 38
1 laws of 2025 authorizing a 2.6 percent
2 targeted inflationary increase, for the
3 period commencing on April 1, 2025 and
4 ending March 31, 2026 the commissioner
5 shall not apply any other inflationary
6 increases, cost of living type increases,
7 inflation factors, or trend factors for
8 the purpose of establishing rates of
9 payments, contracts or any other form of
10 reimbursement; provided that this shall
11 not prevent the commissioner from applying
12 prior adjustments for the purpose of
13 establishing rates resulting from a rebas-
14 ing of base year costs.
15 Notwithstanding section 6908 of the educa-
16 tion law and any other provision of law,
17 rule or regulation to the contrary, direct
18 support staff in programs certified or
19 approved by the office for people with
20 developmental disabilities, including the
21 home and community based services waiver
22 programs that the office for people with
23 developmental disabilities is authorized
24 to administer with federal approval pursu-
25 ant to subdivision (c) of section 1915 of
26 the federal social security act, are
27 authorized to provide such tasks as OPWDD
28 may specify when performed under the
29 supervision, training and periodic
30 inspection of a registered professional
31 nurse and in accordance with an authorized
32 practitioner's ordered care.
33 Notwithstanding any other provision of law
34 to the contrary, and consistent with
35 section 33.07 of the mental hygiene law,
36 the directors of facilities licensed but
37 not operated by the office for people with
38 developmental disabilities who act as
39 federally-appointed representative payees
40 and who assume management responsibility
41 over the funds of a resident may continue
42 to use such funds for the cost of the
43 resident's care and treatment, consistent
44 with federal law and regulations.
45 Funds appropriated herein shall be available
46 in accordance with the following:
47 Notwithstanding any inconsistent provision
48 of law, the director of the budget is
49 authorized to make suballocations from
50 this appropriation to the department of
51 health medical assistance program.
52 Notwithstanding any inconsistent provision
53 of law, and pursuant to criteria estab-
54 lished by the commissioner of the office
55 for people with developmental disabilities
56 and approved by the director of the budg-
S. 10166 39
1 et, expenditures may be made from this
2 appropriation for residential facilities
3 which are pending recertification as
4 intermediate care facilities for people
5 with developmental disabilities.
6 Notwithstanding the provisions of section
7 41.36 of the mental hygiene law and any
8 other inconsistent provision of law,
9 moneys from this appropriation may be used
10 for payment up to $250 per year per
11 client, at such times and in such manner
12 as determined by the commissioner on the
13 basis of financial need for the personal
14 needs of each client residing in voluntar-
15 y-operated community residences and volun-
16 tary-operated community residential alter-
17 natives, including individualized
18 residential alternatives under the home
19 and community based services waiver. The
20 commissioner shall, subject to the
21 approval of the director of the budget,
22 alter existing advance payment schedules
23 for voluntary-operated community resi-
24 dences established pursuant to section
25 41.36 of the mental hygiene law.
26 Notwithstanding any inconsistent provision
27 of law, moneys from this appropriation may
28 be used for the operation of clinics
29 licensed pursuant to article 16 of the
30 mental hygiene law including, but not
31 limited to, supportive and habilitative
32 services consistent with the home and
33 community based services waiver.
34 For the state and/or local share of medical
35 assistance services expenses incurred by
36 the department of health for the provision
37 of medical assistance services to people
38 with developmental disabilities (37835) ..
39 ............................. [560,016,000] 700,020,000
40 For services and expenses of the community
41 services program, net of disallowances,
42 for community programs for people with
43 developmental disabilities pursuant to
44 article 41 of the mental hygiene law,
45 and/or chapter 620 of the laws of 1974,
46 chapter 660 of the laws of 1977, chapter
47 412 of the laws of 1981, chapter 27 of the
48 laws of 1987, chapter 729 of the laws of
49 1989, chapter 329 of the laws of 1993 and
50 other provisions of the mental hygiene
51 law. Notwithstanding any inconsistent
52 provision of law, the following appropri-
53 ation shall be net of prior and/or current
54 year refunds, rebates, reimbursements, and
55 credits.
S. 10166 40
1 Notwithstanding any other provision of law,
2 advances and reimbursement made pursuant
3 to subdivision (d) of section 41.15 and
4 section 41.18 of the mental hygiene law
5 shall be allocated pursuant to a plan and
6 in a manner prescribed by the agency head
7 and approved by the director of the budg-
8 et. The moneys hereby appropriated are
9 available to reimburse or advance locali-
10 ties and voluntary non-profit agencies for
11 expenditures made during local fiscal
12 periods commencing January 1, 2026, April
13 1, 2026 or July 1, 2026, and for advances
14 for the 3 month period beginning January
15 1, 2027.
16 Notwithstanding the provisions of article 41
17 of the mental hygiene law or any other
18 inconsistent provision of law, rule or
19 regulation, the commissioner, pursuant to
20 such contract and in the manner provided
21 therein, may pay all or a portion of the
22 expenses incurred by such voluntary agen-
23 cies arising out of loans which are funded
24 from the proceeds of bonds and notes
25 issued by the dormitory authority of the
26 state of New York.
27 Notwithstanding any other provision of law,
28 the money hereby appropriated may be
29 transferred to state operations and/or any
30 appropriation of the office for people
31 with developmental disabilities with the
32 approval of the director of the budget.
33 Notwithstanding any inconsistent provision
34 of law, moneys from this appropriation may
35 be used for state aid of up to 100 percent
36 of the net deficit costs of day training
37 programs and family support services.
38 Notwithstanding the provisions of section
39 16.23 of the mental hygiene law and any
40 other inconsistent provision of law, with
41 relation to the operation of certified
42 family care homes, including family care
43 homes sponsored by voluntary not-for-pro-
44 fit agencies, moneys from this appropri-
45 ation may be used for payments to purchase
46 general services including but not limited
47 to respite providers, up to a maximum of
48 14 days, at rates to be established by the
49 commissioner and approved by the director
50 of the budget in consideration of factors
51 including, but not limited to, geographic
52 area and number of clients cared for in
53 the home and for payment in an amount
54 determined by the commissioner for the
55 personal needs of each client residing in
56 the family care home.
S. 10166 41
1 Notwithstanding the provisions of subdivi-
2 sion 12 of section 8 of the state finance
3 law and any other inconsistent provision
4 of law, moneys from this appropriation may
5 be used for expenses of family care homes
6 including payments to operators of certi-
7 fied family care homes for damages caused
8 by clients to personal and real property
9 in accordance with standards established
10 by the commissioner and approved by the
11 director of the budget.
12 Notwithstanding any inconsistent provision
13 of law, moneys from this appropriation may
14 be used for appropriate day program
15 services and residential services includ-
16 ing, but not limited to, direct housing
17 subsidies to individuals, start-up
18 expenses for family care providers, envi-
19 ronmental modifications, adaptive technol-
20 ogies, appraisals, property options,
21 feasibility studies and preoperational
22 expenses.
23 Notwithstanding any inconsistent provision
24 of law, moneys from this appropriation may
25 be used to fund continuity of care
26 services, family reimbursed respite, other
27 than personal services and direct housing
28 subsidies for people who are enrolled in
29 OPWDD's self-direction program, provided
30 any or all such costs are identified in a
31 self-direction budget approved by OPWDD.
32 Notwithstanding any inconsistent provision
33 of law except pursuant to a chapter of the
34 laws of 2025 authorizing a 2.6 percent
35 targeted inflationary increase, for the
36 period commencing on April 1, 2025 and
37 ending March 31, 2026 the commissioner
38 shall not apply any other inflationary
39 increases, cost of living type increases,
40 inflation factors, or trend factors for
41 the purpose of establishing rates of
42 payments, contracts or any other form of
43 reimbursement; provided that this shall
44 not prevent the commissioner from applying
45 prior adjustments for the purpose of
46 establishing rates resulting from a rebas-
47 ing of base year costs.
48 Notwithstanding section 6908 of the educa-
49 tion law and any other provision of law,
50 rule or regulation to the contrary, direct
51 support staff in programs certified or
52 approved by the office for people with
53 developmental disabilities, including the
54 home and community based services waiver
55 programs that the office for people with
56 developmental disabilities is authorized
S. 10166 42
1 to administer with federal approval pursu-
2 ant to subdivision (c) of section 1915 of
3 the federal social security act, are
4 authorized to provide such tasks as OPWDD
5 may specify when performed under the
6 supervision, training and periodic
7 inspection of a registered professional
8 nurse and in accordance with an authorized
9 practitioner's ordered care.
10 Notwithstanding any other provision of law
11 to the contrary, and consistent with
12 section 33.07 of the mental hygiene law,
13 the directors of facilities licensed but
14 not operated by the office for people with
15 developmental disabilities who act as
16 federally-appointed representative payees
17 and who assume management responsibility
18 over the funds of a resident may continue
19 to use such funds for the cost of the
20 resident's care and treatment, consistent
21 with federal law and regulations.
22 Funds appropriated herein shall be available
23 in accordance with the following:
24 Notwithstanding any other provision of law
25 to the contrary, funds appropriated herein
26 are available to reimburse in- and
27 out-of-state private residential schools,
28 pursuant to subdivision (c) of section
29 13.37-a and subdivision (g) of section
30 13.38 of the mental hygiene law, for costs
31 of supporting the residential and day
32 program services available to individuals
33 who are over the age of 21 years of age,
34 provided that the amount paid for residen-
35 tial services and/or maintenance costs is
36 net of any supplemental security income
37 benefit to which the individual receiving
38 services is eligible, and provided further
39 that funding for nonresidential services
40 will be in an amount not to exceed the
41 maximum reimbursement for appropriate day
42 services delivered by the office for
43 people with developmental disabilities
44 certified or approved providers other than
45 in- and out-of-state private residential
46 schools, unless otherwise authorized by
47 the director of the budget.
48 Notwithstanding section 163 of the state
49 finance law, section 142 of the economic
50 development law, and article 41 of the
51 mental hygiene law, the commissioner of
52 the office for people with developmental
53 disabilities may make the funds appropri-
54 ated herein available as state aid, a loan
55 or a grant, pursuant to terms and condi-
56 tions established by the commissioner of
S. 10166 43
1 the office for people with developmental
2 disabilities, to cover a portion of the
3 development costs of private, public
4 and/or non-profit organizations, including
5 corporations and partnerships established
6 pursuant to the private housing finance
7 law and/or any other statutory provisions,
8 for supportive housing units that have
9 been set aside for individuals with intel-
10 lectual and developmental disabilities.
11 Further, the office for people with devel-
12 opmental disabilities shall have a lien on
13 the real property developed with such
14 state aid, loans or grants, which shall be
15 in the amount of the loan or grant, for a
16 maximum term of 30 years, or other longer
17 term consistent with the requirements of
18 another regulatory agency.
19 For services and expenses related to the
20 provision of residential services to
21 people with developmental disabilities
22 (37802) ...................... [32,241,000] 35,172,000
23 For services and expenses related to the
24 provision of day program services to
25 people with developmental disabilities
26 (37803) ....................... [7,920,000] 8,640,000
27 For services and expenses related to the
28 provision of family support services to
29 people with developmental disabilities
30 (37804) ....................... [8,910,000] 9,720,000
31 For services and expenses related to the
32 provision of workshop, day training and
33 employment services to people with devel-
34 opmental disabilities. Notwithstanding any
35 other provision of law, up to [$75,900]
36 $82,800 of this appropriation may be
37 transferred to the New York State Educa-
38 tion Departments' Adult Career and Contin-
39 uing Education Services - Vocational Reha-
40 bilitation (ACCES-VR) program to support
41 the LongTerm Sheltered Employment program
42 operated by FEDCAP Rehabilitation
43 Services, Inc. (37805) ....... [5,148,000] 5,616,000
44 For other services and expenses provided to
45 people with developmental disabilities
46 including but not limited to hepatitis B,
47 care at home waiver, epilepsy services,
48 Special Olympics New York, Inc. and volun-
49 tary fingerprinting (37806) ... [1,320,000] 1,440,000
50 --------------
51 § 12. Section 8 of chapter 98 of the laws of 2026, relating to making
52 appropriations for the support of government, as amended by chapter 108
53 of the laws of 2026, is amended to read as follows:
54 § 8. The amounts specified in this section, or so much thereof as
55 shall be sufficient to accomplish the purposes designated, is hereby
S. 10166 44
1 appropriated and authorized to be paid as hereinafter provided, to the
2 public officers and for the purposes specified, which amount shall be
3 available for the state fiscal year beginning April 1, 2026.
4 DEPARTMENT OF VETERANS' SERVICES
5 AID TO LOCALITIES
6 BLIND VETERAN ANNUITY ASSISTANCE PROGRAM ....................... 385,000
7 --------------
8 General Fund
9 Local Assistance Account - 10000
10 For payment of annuities to blind veterans
11 and eligible surviving spouses. Up to
12 $15,000 of this appropriation may be
13 transferred to state operations for admin-
14 istrative costs associated with this
15 program (54606) ................................ 385,000
16 --------------
17 VETERANS' BENEFITS ADVISING PROGRAM ............. [198,000] 216,000
18 --------------
19 Special Revenue Funds - Other
20 Homeless Veterans Assistance Fund
21 Homeless Veterans Assistance Account - 20204
22 For services and expenses related to home-
23 less veterans' housing (54815) .. [198,000] 216,000
24 --------------
25 § 13. No expenditure may be made from any appropriation in this act,
26 until a certificate of approval has been issued by the director of the
27 budget and a copy of such certificate shall have been filed with the
28 state comptroller, the chairman of the senate finance committee and the
29 chairman of the assembly ways and means committee provided, however,
30 that any expenditures from any appropriation in this act made by the
31 legislature or judiciary shall not require such certificate.
32 § 14. All expenditures and disbursements made against the appropri-
33 ations in this act shall, upon final action by the legislature on appro-
34 priation bills submitted by the governor pursuant to article VII of the
35 state constitution for the support of government for the state fiscal
36 year beginning April 1, 2026, be transferred by the comptroller as
37 expenditures and disbursements to such appropriations for all state
38 departments and agencies, as applicable, in amounts equal to the amounts
39 charged against the appropriations in this act for each such department,
40 agency, and the legislature and the judiciary.
41 § 15. Severability clause. If any clause, sentence, paragraph, subdi-
42 vision, section or part of this act shall be adjudged by any court of
43 competent jurisdiction to be invalid, such judgment shall not affect,
44 impair, or invalidate the remainder thereof, but shall be confined in
45 its operation to the clause, sentence, paragraph, subdivision, section
S. 10166 45
1 or part thereof directly involved in the controversy in which such judg-
2 ment shall have been rendered. It is hereby declared to be the intent of
3 the legislature that this act would have been enacted even if such
4 invalid provisions had not been included herein.
5 § 16. This act shall take effect immediately and shall be deemed to
6 have been in full force and effect on and after April 1, 2026; provided,
7 however, that upon the transfer of expenditures and disbursements by the
8 comptroller as provided in section fourteen of this act, the appropri-
9 ations made by this act and subject to such section shall be deemed
10 repealed.
