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S10221 Summary:

BILL NOS10221
 
SAME ASSAME AS A11285
 
SPONSORSERRANO
 
COSPNSR
 
MLTSPNSR
 
Amd §§2 - 8, Chap 98 of 2026; amd §§4 & 5, Chap 102 of 2026; amd §§5 & 8, Chap 100 of 2026
 
Provides for emergency appropriation through May 11, 2026 for the support of government.
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S10221 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10221
 
                    IN SENATE
 
                                       May 7, 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  109
    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.
                                                                   LBD12039-03-6

        S. 10221                            2
 
     1    payrolls scheduled to be paid  during  the
     2    period April 1 through May [6] 11, 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 ........................ 1,799,296,469
    13                                              --------------
 
    14    § 3. Section 3 of chapter 98 of the laws of 2026, relating  to  making
    15  appropriations  for the support of government, as amended by chapter 109
    16  of the laws of 2026, is amended to read as follows:
    17    § 3. The amount specified in this section, or so much thereof as shall
    18  be sufficient to accomplish the purpose designated, is hereby  appropri-
    19  ated  and  authorized  to be paid as hereinafter provided, to the public
    20  officers and for the purpose specified, which amount shall be  available
    21  for the state fiscal year beginning April 1, 2026.
 
    22                     ALL STATE DEPARTMENTS AND AGENCIES
 
    23  For  the  payment  of  state  operations non
    24    personal service liabilities to the execu-
    25    tive branch,  including  the  comptroller,
    26    and the attorney general, and legislature,
    27    incurred  in  the ordinary course of busi-
    28    ness, during the period  April  1  through
    29    May  [6]  11,  2026,  pursuant to existing
    30    state law and for purposes for  which  the
    31    legislature  authorized the expenditure of
    32    moneys during the 2025-2026  state  fiscal
    33    year;   provided,  however,  that  nothing
    34    contained herein shall be deemed to  limit
    35    or  restrict  the  power  or  authority of
    36    state departments or agencies  to  conduct
    37    their  activities or operations in accord-
    38    ance  with  existing  law,   and   further
    39    provided  that  nothing  contained  herein
    40    shall be deemed to supersede,  nullify  or
    41    modify the provisions of section 40 of the
    42    state  finance law prescribing when appro-
    43    priations made  for  the  2025-2026  state
    44    fiscal  year  shall  have  ceased  to have
    45    force and effect ............................ 56,000,000
    46                                              --------------
 
    47    § 4. Section 4 of chapter 102 of the laws of 2026, relating to  making
    48  appropriations  for the support of government, as amended by chapter 109
    49  of the laws of 2026, is amended to read as follows:
    50    § 4. The amounts specified in this section,  or  so  much  thereof  as
    51  shall  be  sufficient  to  accomplish the purposes designated, is hereby
    52  appropriated and authorized to be paid as hereinafter provided,  to  the

        S. 10221                            3
 
     1  respective  public officers and for the purposes specified, which amount
     2  shall be available for the state fiscal year beginning April 1, 2026.
 
     3            MISCELLANEOUS - - ALL STATE DEPARTMENTS AND AGENCIES

     4  The    sum    of    ten    million   dollars
     5    ($10,000,000), or so much thereof as shall
     6    be sufficient to  accomplish  the  purpose
     7    designated,  is  hereby  appropriated  for
     8    contracts and grants approved for purposes
     9    for which the legislature  authorized  the
    10    expenditures of money during the 2025-2026
    11    fiscal  year.  An amount up to ten million
    12    dollars ($10,000,000) shall  be  available
    13    for   the   payment  of  capital  projects
    14    liabilities  incurred  during  the  period
    15    from  April 1 through May [6] 11, 2026 for
    16    contracts and  grants  approved  prior  to
    17    April  1,  2026,  provided,  however, that
    18    nothing contained herein shall  be  deemed
    19    to limit or restrict the power or authori-
    20    ty  of  state  departments  or agencies to
    21    conduct their activities or operations  in
    22    accordance  with existing law, and further
    23    provided  that  nothing  contained  herein
    24    shall  be deemed to supersede, nullify, or
    25    modify the provisions of section 40 of the
    26    state finance law prescribing when  appro-
    27    priations  made  for  the 2025-2026 fiscal
    28    year shall have ceased to have  force  and
    29    effect ...................................... 10,000,000
    30                                              --------------
 
    31    §  5. Section 5 of chapter 102 of the laws of 2026, relating to making
    32  appropriations for the support of government, as amended by chapter  109
    33  of the laws of 2026, is amended to read as follows:
    34    §  5.    The  amounts specified in this section, or so much thereof as
    35  shall be sufficient to accomplish the  purposes  designated,  is  hereby
    36  appropriated  and  authorized to be paid as hereinafter provided, to the
    37  respective public officers and for the purposes specified, which  amount
    38  shall be available for the state fiscal year beginning April 1, 2026.
 
    39            MISCELLANEOUS - - ALL STATE DEPARTMENTS AND AGENCIES
 
    40  The    sum   of   twenty   million   dollars
    41    ($20,000,000), or so much thereof as shall
    42    be sufficient to  accomplish  the  purpose
    43    designated,  is  hereby  appropriated  for
    44    contracts and grants approved for purposes
    45    for which the legislature  authorized  the
    46    expenditures of money during the 2025-2026
    47    fiscal   year.  An  amount  up  to  twenty
    48    million  dollars  ($20,000,000)  shall  be
    49    available   for  the  payment  of  capital
    50    projects liabilities incurred  during  the
    51    period  from  April  1 through May [6] 11,

        S. 10221                            4

     1    2026 for  contracts  and  grants  approved
     2    after  April  1,  2026, provided, however,
     3    that nothing  contained  herein  shall  be
     4    deemed  to  limit or restrict the power or
     5    authority of state departments or agencies
     6    to conduct their activities or  operations
     7    in   accordance  with  existing  law,  and
     8    further provided  that  nothing  contained
     9    herein   shall  be  deemed  to  supersede,
    10    nullify,  or  modify  the  provisions   of
    11    section   40  of  the  state  finance  law
    12    prescribing when appropriations  made  for
    13    the   2025-2026  fiscal  year  shall  have
    14    ceased to have force and effect ............  20,000,000
    15                                              --------------
 
    16    § 6. Section 4 of chapter 98 of the laws of 2026, relating  to  making
    17  appropriations  for the support of government, as amended by chapter 109
    18  of the laws of 2026, is amended to read as follows:
    19    § 4. The amounts specified in this section,  or  so  much  thereof  as
    20  shall  be  sufficient  to  accomplish the purposes designated, is hereby
    21  appropriated and authorized to be paid as hereinafter provided,  to  the
    22  public  officers  and  for the purposes specified, which amount shall be
    23  available for the state fiscal year beginning April 1, 2026.
 
    24             MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES
 
    25                            GENERAL STATE CHARGES
 
    26                              STATE OPERATIONS
 
    27  GENERAL STATE CHARGES ....................... [748,383,000]  814,763,000
    28                                              --------------
 
    29    General Fund
    30    State Purposes Account - 10050
 
    31  For employee fringe  benefits  according  to
    32    the  following  project schedule including
    33    those  benefits  which  are   related   to
    34    employees  paid  from  funds, accounts, or
    35    programs where the division of the  budget
    36    has issued waivers (85022) .. [740,485,000]  799,145,000
 
    37                Project Schedule
    38  PROJECT                               AMOUNT
    39  --------------------------------------------
    40  For  the  state's contribution
    41    to the health insurance fund
    42    and deposit into the retiree
    43    health  benefit  trust  fund
    44    pursuant to section 99-aa of
    45    the  state  finance law. The
    46    state's share of the  health
    47    insurance  program dividends

        S. 10221                            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 ............ 171,000,000
     6  For   payments  to  the  state
     7    insurance fund for  workers'
     8    compensation   benefits  and
     9    other    related    workers'
    10    compensation  costs prior to
    11    or   after    they    become
    12    incurred  including  but not
    13    limited  to   the   benefits
    14    defined  in chapters 302 and
    15    303 of the laws of 1985 ....... 55,000,000
    16  For the  state's  contribution
    17    to   employee  benefit  fund
    18    programs ...................... 40,500,000
    19  For the  state's  contribution
    20    to the dental insurance plan ... 7,415,000
    21  For  the payment of the metro-
    22    politan commuter transporta-
    23    tion mobility  tax  pursuant
    24    to  article  23  of  the tax
    25    law, as added by chapter  25
    26    of  the  laws  of  2009,  on
    27    behalf of the state  employ-
    28    ees  employed  in the metro-
    29    politan commuter transporta-
    30    tion district ... [5,345,000]    7,005,000
    31  For  the  state's   share   of
    32    contributions  to the volun-
    33    tary  defined   contribution
    34    plan   made   on  behalf  of
    35    eligible employees  pursuant
    36    to  chapter  18  of the laws
    37    of 2012 who elect to partic-
    38    ipate in such plan  and  who
    39    are   not  otherwise  eligi-
    40    ble to  participate  in  the
    41    SUNY   optional   retirement
    42    program ........................ 1,059,000
    43  For reimbursement to the unem-
    44    ployment  insurance fund for
    45    payments made  to  claimants
    46    formerly employed   by   the
    47    state of New York .............. 2,000,000
    48  For  the  state's contribution
    49    to the vision care plan .......... 744,000
    50                                --------------
    51      Project schedule total ...
    52        ........... [740,485,000]  799,145,000
    53                  --------------
 
    54  For payments in accordance with section 19-a
    55    of the public lands law (80567) .............. 7,720,000

        S. 10221                            6
 
     1  For the payment in-lieu of taxes to the city
     2    of Albany  for  certain  state-owned  land
     3    pursuant  to  section  19-a  of the public
     4    lands law. Provided however, notwithstand-
     5    ing  paragraph  (4)  of subdivision 2-a of
     6    section 19-a of the public lands law, such
     7    funds may be paid prior to October 1, 2026
     8    (80567) ...................................... 7,720,000
     9  For payment of claims for damage to personal
    10    or real property or for bodily injuries or
    11    wrongful death caused by officers, employ-
    12    ees, or other authorized persons providing
    13    service to state government while  provid-
    14    ing such service, and the state university
    15    construction  fund while acting within the
    16    scope of their employment, and while oper-
    17    ating motor vehicles, and for any individ-
    18    uals operating motor  vehicles  which  are
    19    assigned  on  a permanent basis with unre-
    20    stricted use to state officers and employ-
    21    ees  when  the   person   is   permanently
    22    assigned the motor vehicle (80559) ............. 178,000
    23                                              --------------

    24    §  7. Section 5 of chapter 100 of the laws of 2026, relating to making
    25  appropriations for the support of government, as amended by chapter  109
    26  of the laws of 2026, is amended to read as follows:
    27    §  5.  The  amounts  specified  in this section, or so much thereof as
    28  shall be sufficient to accomplish the  purposes  designated,  is  hereby
    29  appropriated  and  authorized to be paid as hereinafter provided, to the
    30  public officers and for the purposes specified, which  amount  shall  be
    31  available for the state fiscal year beginning April 1, 2026.
 
    32                                  JUDICIARY
 
    33  For  the  purpose  of  making  payments  for
    34    personal  service,  including  liabilities
    35    incurred  prior  to  April 1, 2026, on the
    36    payrolls scheduled to be paid  during  the
    37    period April 1 through May [6] 11, 2026 to
    38    officers and employees of the judiciary .... 269,000,000
    39  For  the payment of state operations nonper-
    40    sonal  service  liabilities,  the  sum  of
    41    thirty-six  million dollars ($36,000,000),
    42    or so much thereof as shall be  sufficient
    43    to  accomplish  the purpose designated, is
    44    hereby appropriated to the  judiciary  out
    45    of any moneys in the general fund or other
    46    funds  to the credit of the state purposes
    47    account not  otherwise  appropriated.  The
    48    comptroller   is   hereby  authorized  and
    49    directed to utilize this appropriation for
    50    the purpose of making payments for nonper-
    51    sonal service liabilities incurred by  the
    52    judiciary from April 1 through May [6] 11,
    53    2026 ........................................ 36,000,000

        S. 10221                            7

     1  For the payment of aid to localities liabil-
     2    ities,   the  sum  of  twenty-two  million
     3    dollars ($22,000,000), or so much  thereof
     4    as  shall  be sufficient to accomplish the
     5    purpose designated, is hereby appropriated
     6    to  the judiciary out of any moneys in the
     7    general fund or other funds to the  credit
     8    of  the  state purposes account not other-
     9    wise  appropriated.  The  comptroller   is
    10    hereby  authorized and directed to utilize
    11    this  appropriation  for  the  purpose  of
    12    making  payments  for  aid  to  localities
    13    liabilities incurred by the judiciary from
    14    April 1 through May [6] 11, 2026 ............ 22,000,000
    15  For the payment of employee  fringe  benefit
    16    programs  including,  but  not limited to,
    17    the  judiciary's  contributions   to   the
    18    health   insurance  fund,  the  employees'
    19    retirement  system  pension   accumulation
    20    fund,  the  social  security  contribution
    21    fund, employee benefit fund programs,  the
    22    dental  insurance  plan,  the  vision care
    23    plan, the unemployment insurance fund, and
    24    for workers'  compensation  benefits,  the
    25    sum  of  one hundred fifteen million seven
    26    hundred     fifty     thousand     dollars
    27    ($115,750,000),  or  so  much  thereof  as
    28    shall  be  sufficient  to  accomplish  the
    29    purpose designated, is hereby appropriated
    30    to  the judiciary out of any moneys in the
    31    general fund or other funds to the  credit
    32    of  the  state purposes account not other-
    33    wise  appropriated.  The  comptroller   is
    34    hereby  authorized and directed to utilize
    35    this  appropriation  for  the  purpose  of
    36    making  payments for employee fringe bene-
    37    fit liabilities incurred by the  judiciary
    38    from April 1 through May [6] 11, 2026 ...... 115,750,000
    39                                              --------------
 
    40    §  8.  Section 5 of chapter 98 of the laws of 2026, relating to making
    41  appropriations for the support of government, as amended by chapter  109
    42  of the laws of 2026, is amended to read as follows:
    43    §  5.  The  amounts  specified  in this section, or so much thereof as
    44  shall be sufficient to accomplish the  purposes  designated,  is  hereby
    45  appropriated  and  authorized to be paid as hereinafter provided, to the
    46  public officers and for the purposes specified, which  amount  shall  be
    47  available for the state fiscal year beginning April 1, 2026.
 
    48                            DEPARTMENT OF HEALTH
 
    49                              AID TO LOCALITIES

    50  CENTER FOR COMMUNITY HEALTH PROGRAM .......... [48,582,000]   53,932,000
    51                                              --------------

        S. 10221                            8
 
     1    General Fund
     2    Local Assistance Account - 10000
 
     3  For  services  and  expenses  related to the
     4    Indian health program pursuant to  a  plan
     5    prepared by the commissioner of health and
     6    approved  by  the  director of the budget.
     7    The moneys hereby  appropriated  shall  be
     8    for  payment of financial assistance here-
     9    tofore  accrued  or  hereafter  to  accrue
    10    (26840) ..................................... 10,062,000
    11                                              --------------
 
    12    Special Revenue Funds - Federal
    13    Federal USDA-Food and Nutrition Services Fund
    14    Federal Food and Nutrition Services Account - 25022

    15  For  various  federal  food  and nutritional
    16    services. The moneys  hereby  appropriated
    17    shall  be  available for payment of finan-
    18    cial assistance heretofore accrued (26986)
    19    .............................. [38,520,000]   43,870,000
    20                                --------------
 
    21  CHILD HEALTH INSURANCE PROGRAM ............................. 212,950,000
    22                                                            --------------
 
    23    Special Revenue Funds - Other
    24    HCRA Resources Fund
    25    Children's Health Insurance Account - 20810
 
    26  The money hereby appropriated  is  available
    27    for  payment  of aid heretofore accrued or
    28    hereafter accrued.
    29  Notwithstanding any other provision of  law,
    30    the   money  hereby  appropriated  may  be
    31    increased  or  decreased  by  transfer  or
    32    suballocation  to  appropriations  of  the
    33    office of temporary and disability assist-
    34    ance,  for  the  reimbursement  of   local
    35    district  administrative  costs related to
    36    children newly enrolled in medicaid  whose
    37    household  income  is  between 100 percent
    38    and 133 percent  of  the  federal  poverty
    39    level.
    40  Notwithstanding  any provision of law to the
    41    contrary, the amounts appropriated  herein
    42    shall   be   net   of   refunds,  rebates,
    43    reimbursements,    credits,    repayments,
    44    and/or disallowances.
    45  For  services  and  expenses  related to the
    46    children's   health   insurance    program
    47    authorized  pursuant to title 1-A of arti-
    48    cle 25 of the public health law (26931) .... 212,950,000
    49                                              --------------

        S. 10221                            9

     1  ELDERLY PHARMACEUTICAL INSURANCE COVERAGE PROGRAM ............ 1,800,000
     2                                                            --------------
 
     3    Special Revenue Funds - Other
     4    HCRA Resources Fund
     5    EPIC Premium Account - 20818
 
     6  For services and expenses of the program for
     7    elderly pharmaceutical insurance coverage,
     8    including   reimbursement   to  pharmacies
     9    participating in such program.  The moneys
    10    hereby appropriated shall be available for
    11    payment of financial assistance heretofore
    12    accrued (26803) .............................. 1,800,000
    13                                              --------------
 
    14  ESSENTIAL PLAN PROGRAM ................................... 1,150,000,000
    15                                                            --------------
 
    16    Special Revenue Funds - Federal
    17    Federal Health and Human Services Fund
    18    Essential Plan Account - 25186
 
    19  For services and  expenses  related  to  the
    20    essential   plan  program,  in  accordance
    21    State Innovation Waiver provisions author-
    22    ized  by  Section  1332  of  the   federal
    23    patient  protection  and  affordable  care
    24    act.
    25  Notwithstanding any  inconsistent  provision
    26    of law, the moneys hereby appropriated may
    27    be  increased  or decreased by interchange
    28    or transfer with any appropriation of  the
    29    department  of  health  or for transfer to
    30    Health Research Incorporated (HRI).
    31  Notwithstanding any provision of law to  the
    32    contrary,  the amounts appropriated herein
    33    shall  be   net   of   refunds,   rebates,
    34    reimbursements,    credits,    repayments,
    35    and/or disallowances.
    36  The money hereby appropriated  is  available
    37    for  payment  of aid heretofore accrued or
    38    hereafter accrued (59054) ................ 1,150,000,000
    39                                              --------------
 
    40  MEDICAL ASSISTANCE PROGRAM .............................. 10,409,681,000
    41                                                            --------------
 
    42    General Fund
    43    Local Assistance Account - 10000
 
    44  For the medical assistance program,  includ-
    45    ing  administrative  expenses,  for  local
    46    social services districts, and for medical
    47    care rates for authorized child care agen-
    48    cies.

        S. 10221                           10
 
     1  Notwithstanding  section  40  of  the  state
     2    finance law or any provision of law to the
     3    contrary,  subject  to  federal  approval,
     4    department of health state funds  medicaid
     5    spending,  excluding  payments for medical
     6    services  provided  at  state   facilities
     7    operated  by  the office of mental health,
     8    the office for people  with  developmental
     9    disabilities  and  the office of addiction
    10    services and supports and further  exclud-
    11    ing  any  payments which are not appropri-
    12    ated within the department of  health,  in
    13    the  aggregate,  for  the  period April 1,
    14    2026 through March  31,  2027,  shall  not
    15    exceed  $36,099,200,000 except as provided
    16    below provided,  however,  such  aggregate
    17    limits  may be adjusted by the director of
    18    the budget to account for any  changes  in
    19    the New York state federal medical assist-
    20    ance  percentage amount established pursu-
    21    ant to the federal  social  security  act,
    22    increases in provider revenues, reductions
    23    in local social services district payments
    24    for   medical  assistance  administration,
    25    minimum  wage  increases,  and   beginning
    26    April 1, 2012 the operational costs of the
    27    New  York  state  medical  indemnity fund,
    28    pursuant to chapter  59  of  the  laws  of
    29    2011,  and state costs or savings from the
    30    essential plan program.  Such  projections
    31    may  be  adjusted  by  the director of the
    32    budget to account for increased  or  expe-
    33    dited  department  of  health  state funds
    34    medicaid expenditures as  a  result  of  a
    35    natural or other type of disaster, includ-
    36    ing a governmental declaration of emergen-
    37    cy.
    38  The  director of the budget, in consultation
    39    with the  commissioner  of  health,  shall
    40    assess  on  a  quarterly  basis  known and
    41    projected medicaid expenditures by catego-
    42    ry of service and by geographic region, as
    43    defined by the commissioner, incurred both
    44    prior to and subsequent to such assessment
    45    for each such period, and if the  director
    46    of the budget determines that such expend-
    47    itures  are  expected  to  cause  medicaid
    48    spending for such  period  to  exceed  the
    49    aggregate  limit specified herein for such
    50    period, the state  medicaid  director,  in
    51    consultation  with  the  director  of  the
    52    budget and  the  commissioner  of  health,
    53    shall  develop  a  medicaid  savings allo-
    54    cation adjustment to limit  such  spending
    55    to  the  aggregate  limit specified herein
    56    for such period.

        S. 10221                           11
 
     1  Such medicaid savings allocation  adjustment
     2    shall  be designed, to reduce the expendi-
     3    tures  authorized  by  the  appropriations
     4    herein  in  compliance  with the following
     5    guidelines:  (1)  reductions shall be made
     6    in compliance with applicable federal law,
     7    including the provisions  of  the  Patient
     8    Protection and Affordable Care Act, Public
     9    Law  No.  111-148, and the Health Care and
    10    Education  Reconciliation  Act  of   2010,
    11    Public   Law   No.  111-152  (collectively
    12    "Affordable Care Act") and any  subsequent
    13    amendments  thereto or regulations promul-
    14    gated thereunder; (2) reductions shall  be
    15    made  in  a  manner that complies with the
    16    state medicaid plan approved by the feder-
    17    al  centers  for  medicare  and   medicaid
    18    services,   provided,  however,  that  the
    19    commissioner of health  is  authorized  to
    20    submit  any  state  plan amendment or seek
    21    other federal approval,  including  waiver
    22    authority,  to implement the provisions of
    23    the medicaid savings allocation adjustment
    24    that meets the other  criteria  set  forth
    25    herein;  (3) reductions shall be made in a
    26    manner that  maximizes  federal  financial
    27    participation,  to the extent practicable,
    28    including any  federal  financial  partic-
    29    ipation that is available or is reasonably
    30    expected   to  become  available,  in  the
    31    discretion of the commissioner, under  the
    32    Affordable  Care Act; (4) reductions shall
    33    be  made  uniformly  among  categories  of
    34    services  and  geographic  regions  of the
    35    state,  to  the  extent  practicable,  and
    36    shall  be made uniformly within a category
    37    of service,  to  the  extent  practicable,
    38    except  where  the commissioner determines
    39    that  there  are  sufficient  grounds  for
    40    non-uniformity,  including but not limited
    41    to: the extent to which  specific  catego-
    42    ries of services contributed to department
    43    of health medicaid state funds spending in
    44    excess of the limits specified herein; the
    45    need  to  maintain  safety net services in
    46    underserved communities; or the  potential
    47    benefits  of  pursuing  innovative payment
    48    models contemplated by the Affordable Care
    49    Act, in which case such grounds  shall  be
    50    set  forth  in  the medicaid savings allo-
    51    cation  adjustment;  and  (5)   reductions
    52    shall  be  made  in a manner that does not
    53    unnecessarily    create     administrative
    54    burdens to medicaid applicants and recipi-
    55    ents or providers.

        S. 10221                           12
 
     1  The commissioner shall seek the input of the
     2    legislature,   as  well  as  organizations
     3    representing   health   care    providers,
     4    consumers,   businesses,  workers,  health
     5    insurers,  and others with relevant exper-
     6    tise, in developing such medicaid  savings
     7    allocation  adjustment, to the extent that
     8    all or part of  such  adjustment,  in  the
     9    discretion  of the commissioner, is likely
    10    to have a material impact on  the  overall
    11    medicaid program, particular categories of
    12    service  or  particular geographic regions
    13    of the state.
    14  (a) The commissioner shall post the medicaid
    15    savings  allocation  adjustment   on   the
    16    department  of  health's website and shall
    17    provide written copies of such  adjustment
    18    to  the  chairs  of the senate finance and
    19    the assembly ways and means committees  at
    20    least  30  days  before  the date on which
    21    implementation is expected to begin.
    22  (b) The commissioner may revise the medicaid
    23    savings allocation  adjustment  subsequent
    24    to  the  provisions of notice and prior to
    25    implementation but needs to provide a  new
    26    notice  pursuant  to  subparagraph  (i) of
    27    this paragraph only  if  the  commissioner
    28    determines, in his or her discretion, that
    29    such   revisions   materially   alter  the
    30    adjustment.
    31  Notwithstanding the provisions of paragraphs
    32    (a)  and  (b)  of  this  subdivision,  the
    33    commissioner   need  not  seek  the  input
    34    described in paragraph (a) of this  subdi-
    35    vision or provide notice pursuant to para-
    36    graph  (b)  of this subdivision if, in the
    37    discretion of the commissioner,  expedited
    38    development  and implementation of a medi-
    39    caid  savings  allocation  adjustment   is
    40    necessary  due to a public health emergen-
    41    cy.
    42  For  purposes  of  this  section,  a  public
    43    health  emergency  is  defined  as:  (i) a
    44    disaster,  natural  or   otherwise,   that
    45    significantly increases the immediate need
    46    for  health  care  personnel in an area of
    47    the state; (ii) an event or condition that
    48    creates a widespread risk of exposure to a
    49    serious  communicable  disease,   or   the
    50    potential  for  such  widespread  risk  of
    51    exposure; or  (iii)  any  other  event  or
    52    condition  determined  by the commissioner
    53    to constitute an imminent threat to public
    54    health.
    55  Nothing in this paragraph shall be deemed to
    56    prevent  all  or  part  of  such  medicaid

        S. 10221                           13
 
     1    savings  allocation adjustment from taking
     2    effect retroactively to the extent permit-
     3    ted by the federal  centers  for  medicare
     4    and medicaid services.
     5  In  accordance  with  the  medicaid  savings
     6    allocation adjustment, the commissioner of
     7    the  department  of  health  shall  reduce
     8    department  of health state funds medicaid
     9    spending by the amount  of  the  projected
    10    overspending  through,  actions including,
    11    but not limited to modifying or suspending
    12    reimbursement methods, including  but  not
    13    limited  to  all  fees, premium levels and
    14    rates  of  payment,  notwithstanding   any
    15    provision  of  law  that  sets  a specific
    16    amount  or  methodology   for   any   such
    17    payments or rates of payment; modifying or
    18    discontinuing  medicaid  program benefits;
    19    seeking all necessary  federal  approvals,
    20    including,  but  not  limited  to waivers,
    21    waiver  amendments;  and  suspending  time
    22    frames  for  notice,  approval  or certif-
    23    ication  of  rate  requirements,  notwith-
    24    standing  any  provision  of  law, rule or
    25    regulation to the contrary, including  but
    26    not  limited  to sections 2807 and 3614 of
    27    the public health law, section 18 of chap-
    28    ter 2 of the laws of 1988,  and  18  NYCRR
    29    505.14(h).
    30  The  department  of  health  shall prepare a
    31    quarterly  report  that  sets  forth:  (a)
    32    known  and  projected department of health
    33    medicaid  expenditures  as  described   in
    34    subdivision   (1)  of  this  section,  and
    35    factors  that  could  result  in  medicaid
    36    disbursements   for   the  relevant  state
    37    fiscal  year  to  exceed   the   projected
    38    department of health state funds disburse-
    39    ments in the enacted budget financial plan
    40    pursuant to subdivision 3 of section 23 of
    41    the  state finance law, including spending
    42    increases or decreases due to:  enrollment
    43    fluctuations,  rate  changes,  utilization
    44    changes, MRT  investments,  and  shift  of
    45    beneficiaries  to  managed care; and vari-
    46    ations in offline medicaid  payments;  and
    47    (b)  the  actions  taken  to implement any
    48    medicaid  savings  allocation   adjustment
    49    implemented pursuant to subdivision (4) of
    50    this    section,   including   information
    51    concerning the impact of such  actions  on
    52    each   category   of   service   and  each
    53    geographic region of the state. Each  such
    54    quarterly  report shall be provided to the
    55    chairs  of  the  senate  finance  and  the
    56    assembly  ways  and  means  committees and

        S. 10221                           14
 
     1    shall  be  posted  on  the  department  of
     2    health's website in a timely manner.
     3  The  money  hereby  appropriated  is  to  be
     4    available for payment  of  aid  heretofore
     5    accrued  or  hereafter  accrued to munici-
     6    palities,  and  to  providers  of  medical
     7    services  pursuant to section 367-b of the
     8    social services law, and  for  payment  of
     9    state aid to municipalities and to provid-
    10    ers  of  family care where payment systems
    11    through the fiscal intermediaries are  not
    12    operational.
    13  Notwithstanding  any  inconsistent provision
    14    of law to the contrary, funds may be  used
    15    by   the   department  for  outside  legal
    16    assistance on issues involving the federal
    17    government, the  conduct  of  preadmission
    18    screening   and  annual  resident  reviews
    19    required by the state's medicaid  program,
    20    computer  matching with insurance carriers
    21    to insure that medicaid is  the  payer  of
    22    last  resort and activities related to the
    23    management of the pharmacy benefit  avail-
    24    able under the medicaid program.
    25  Notwithstanding  any  inconsistent provision
    26    of law, in lieu of payments authorized  by
    27    the  social  services  law, or payments of
    28    federal funds otherwise due to  the  local
    29    social  services  districts  for  programs
    30    provided under the federal social security
    31    act or the federal food stamp  act,  funds
    32    herein  appropriated, in amounts certified
    33    by the state commissioner of temporary and
    34    disability assistance or the state commis-
    35    sioner of health as due from local  social
    36    services  districts  each  month  as their
    37    share of payments made pursuant to section
    38    367-b of the social services  law  may  be
    39    set  aside  by the state comptroller in an
    40    interest-bearing  account  in   order   to
    41    ensure  the  orderly and prompt payment of
    42    providers  under  section  367-b  of   the
    43    social  services  law pursuant to an esti-
    44    mate  provided  by  the  commissioner   of
    45    health   of  each  local  social  services
    46    district's share of payments made pursuant
    47    to section 367-b of  the  social  services
    48    law.
    49  Notwithstanding  any  inconsistent provision
    50    of law, funding made  available  by  these
    51    appropriations shall support direct salary
    52    costs  and  related fringe benefits within
    53    the medical assistance program  associated
    54    with  any minimum wage increase that takes
    55    effect  during  the  timeframe  of   these
    56    appropriations, pursuant to section 652 of

        S. 10221                           15

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

        S. 10221                           16
 
     1    may affect the cost of care  and  services
     2    provided  by personal care providers, case
     3    managers,  health  maintenance   organiza-
     4    tions,  out  of  state  medical facilities
     5    which provide care and services  to  resi-
     6    dents of the state, providers of transpor-
     7    tation   services,   that   are   altered,
     8    amended, adjusted or otherwise changed  by
     9    a  local  social  services district unless
    10    previously approved by the  department  of
    11    health and the director of the budget.
    12  Notwithstanding  any  inconsistent provision
    13    of law to the  contrary,  funds  shall  be
    14    made  available to the commissioner of the
    15    office of mental health or the commission-
    16    er of the office of addiction services and
    17    supports, in consultation with the commis-
    18    sioner  of  health  and  approved  by  the
    19    director  of  the  budget,  and consistent
    20    with  appropriations  made  therefor,   to
    21    implement  allocation adjustment developed
    22    by  each  such  commissioner  which  shall
    23    describe  mental  health  or substance use
    24    disorder services that should be developed
    25    to meet service needs resulting  from  the
    26    reduction  of  inpatient behavioral health
    27    services  provided  under   the   medicaid
    28    program,  by programs licensed pursuant to
    29    article 31 or 32  of  the  mental  hygiene
    30    law.  Such  programs  may include programs
    31    that are licensed pursuant to both article
    32    31 of the mental hygiene law  and  article
    33    28  of the public health law, or certified
    34    under  both  article  32  of  the   mental
    35    hygiene  law  and article 28 of the public
    36    health law.
    37  Notwithstanding any  inconsistent  provision
    38    of law, the moneys hereby appropriated may
    39    be  available for payments associated with
    40    the resolution by settlement agreement  or
    41    judgment of rate appeals and/or litigation
    42    where the department of health is a party.
    43  For  services  and  expenses  of the medical
    44    assistance  program   including   hospital
    45    inpatient  services  and general hospitals
    46    that are safety-net providers that  evince
    47    severe  financial  distress,  pursuant  to
    48    criteria determined by  the  commissioner,
    49    shall  be  eligible for awards for amounts
    50    appropriated  herein,   to   enable   such
    51    providers to maintain operations and vital
    52    services   while  establishing  long  term
    53    solutions to  achieve  sustainable  health
    54    services.
    55  Notwithstanding  any inconsistent provisions
    56    of law, no expenditures shall be used  for

        S. 10221                           17
 
     1    the  medical  assistance  program  for any
     2    expenses not explicitly authorized in  law
     3    without  the  approval  of the director of
     4    the budget.
     5  Notwithstanding  any provision of law to the
     6    contrary, the portion  of  this  appropri-
     7    ation  covering  fiscal year 2026-27 shall
     8    supersede and replace any duplicative  (i)
     9    reappropriation  for  this  item  covering
    10    fiscal year 2026-27,  and  (ii)  appropri-
    11    ation  for  this item covering fiscal year
    12    2026-27 set forth in  chapter  53  of  the
    13    laws of 2025 (26947) ....................... 145,428,000
    14  For  services  and  expenses  of the medical
    15    assistance  program   including   hospital
    16    outpatient and emergency room services.
    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 (26948) ........................ 43,494,000
    26  For  services  and  expenses  of the medical
    27    assistance   program   including    clinic
    28    services.
    29  Notwithstanding  any provision of law to the
    30    contrary, the portion  of  this  appropri-
    31    ation  covering  fiscal year 2026-27 shall
    32    supersede and replace any duplicative  (i)
    33    reappropriation  for  this  item  covering
    34    fiscal year 2026-27,  and  (ii)  appropri-
    35    ation  for  this item covering fiscal year
    36    2026-27 set forth in  chapter  53  of  the
    37    laws of 2025 (26949) ........................ 85,188,000
    38  For  services  and  expenses  of the medical
    39    assistance program including nursing  home
    40    services.
    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 (26950) ....................... 214,110,000
    50  For  services  and  expenses  of the medical
    51    assistance program  including  other  long
    52    term care services.
    53  Notwithstanding  any provision of law to the
    54    contrary, the portion  of  this  appropri-
    55    ation  covering  fiscal year 2026-27 shall
    56    supersede and replace any duplicative  (i)

        S. 10221                           18
 
     1    reappropriation  for  this  item  covering
     2    fiscal year 2026-27,  and  (ii)  appropri-
     3    ation  for  this item covering fiscal year
     4    2026-27  set  forth  in  chapter 53 of the
     5    laws of 2025 (26951) ..................... 1,019,916,000
     6  For services and  expenses  of  the  medical
     7    assistance  program including managed care
     8    services   including   regional   planning
     9    activities  of  the  finger  lakes  health
    10    systems agency, including statewide  coor-
    11    dination  and  demonstration of best prac-
    12    tices. The department  shall  make  grants
    13    within  amounts  appropriated therefor, to
    14    assure high-quality and accessible primary
    15    care, to provide technical  assistance  to
    16    support  financial  and  business planning
    17    for integrated systems  of  care,  and  to
    18    assist   primary  care  providers  in  the
    19    adoption, implementation,  and  meaningful
    20    use  of electronic health record technolo-
    21    gy.
    22  Notwithstanding any provision of law to  the
    23    contrary,  the  portion  of this appropri-
    24    ation covering fiscal year  2026-27  shall
    25    supersede  and replace any duplicative (i)
    26    reappropriation  for  this  item  covering
    27    fiscal  year  2026-27,  and (ii) appropri-
    28    ation for this item covering  fiscal  year
    29    2026-27  set  forth  in  chapter 53 of the
    30    laws of 2025 (26952) ....................... 934,260,000
    31  For services and expenses for  health  homes
    32    including grants to health homes.
    33  Notwithstanding  any provision of law to the
    34    contrary, the portion  of  this  appropri-
    35    ation  covering  fiscal year 2026-27 shall
    36    supersede and replace any duplicative  (i)
    37    reappropriation  for  this  item  covering
    38    fiscal year 2026-27,  and  (ii)  appropri-
    39    ation  for  this item covering fiscal year
    40    2026-27 set forth in  chapter  53  of  the
    41    laws of 2025 (29548) ........................ 22,620,000
    42  For  services  and  expenses  of the medical
    43    assistance  program   including   pharmacy
    44    services  provided, however, that no funds
    45    shall be made available pursuant  to  this
    46    appropriation  for any drug not explicitly
    47    authorized in any enacted  law,  rule,  or
    48    regulation   without   approval  from  the
    49    director of the budget.
    50  Notwithstanding any provision of law to  the
    51    contrary,  the  portion  of this appropri-
    52    ation covering fiscal year  2026-27  shall
    53    supersede  and replace any duplicative (i)
    54    reappropriation  for  this  item  covering
    55    fiscal  year  2026-27,  and (ii) appropri-
    56    ation for this item covering  fiscal  year

        S. 10221                           19
 
     1    2026-27  set  forth  in  chapter 53 of the
     2    laws of 2025 (26953) ....................... 431,556,000
     3  For  services  and  expenses  of the medical
     4    assistance program  including  transporta-
     5    tion services.
     6  Notwithstanding  any provision of law to the
     7    contrary, the portion  of  this  appropri-
     8    ation  covering  fiscal year 2026-27 shall
     9    supersede and replace any duplicative  (i)
    10    reappropriation  for  this  item  covering
    11    fiscal year 2026-27,  and  (ii)  appropri-
    12    ation  for  this item covering fiscal year
    13    2026-27 set forth in  chapter  53  of  the
    14    laws of 2025 (26954) ........................ 61,992,000
    15  For  services  and  expenses  of the medical
    16    assistance   program   including    dental
    17    services.
    18  Notwithstanding  any provision of law to the
    19    contrary, the portion  of  this  appropri-
    20    ation  covering  fiscal year 2026-27 shall
    21    supersede and replace any duplicative  (i)
    22    reappropriation  for  this  item  covering
    23    fiscal year 2026-27,  and  (ii)  appropri-
    24    ation  for  this item covering fiscal year
    25    2026-27 set forth in  chapter  53  of  the
    26    laws of 2025 (26955) ........................... 474,000
    27  For  services  and  expenses  of the medical
    28    assistance program including  non-institu-
    29    tional and other spending.
    30  The  money  hereby appropriated is available
    31    for  payment  of  liabilities   heretofore
    32    accrued or hereafter accrued.
    33  Notwithstanding  any  inconsistent provision
    34    of law, the money hereby appropriated  may
    35    be available for payments to any county or
    36    public  school  districts  associated with
    37    additional claims  for  school  supportive
    38    health services.
    39  Notwithstanding  any provision of law to the
    40    contrary, the portion  of  this  appropri-
    41    ation  covering  fiscal year 2026-27 shall
    42    supersede and replace any duplicative  (i)
    43    reappropriation  for  this  item  covering
    44    fiscal year 2026-27,  and  (ii)  appropri-
    45    ation  for  this item covering fiscal year
    46    2026-27 set forth in  chapter  53  of  the
    47    laws of 2025 (26956) ....................... 123,624,000
    48  For  services  and  expenses  of the medical
    49    assistance   program   including   medical
    50    services   provided  at  state  facilities
    51    operated by the office of  mental  health,
    52    the  office  for people with developmental
    53    disabilities and the office  of  addiction
    54    services and supports.
    55  Notwithstanding  any provision of law to the
    56    contrary, the portion  of  this  appropri-

        S. 10221                           20
 
     1    ation  covering  fiscal year 2026-27 shall
     2    supersede and replace any duplicative  (i)
     3    reappropriation  for  this  item  covering
     4    fiscal  year  2026-27,  and (ii) appropri-
     5    ation for this item covering  fiscal  year
     6    2026-27  set  forth  in  chapter 53 of the
     7    laws of 2025 (26961) ....................... 576,924,000
     8                                              --------------
 
     9    Special Revenue Funds - Federal
    10    Federal Health and Human Services Fund
    11    Medicaid Direct Account - 25106
 
    12  For services and expenses  for  the  medical
    13    assistance  program, including administra-
    14    tive expenses for  local  social  services
    15    districts,  pursuant  to  title XIX of the
    16    federal social security act or its succes-
    17    sor program.
    18  The moneys hereby  appropriated  are  to  be
    19    available  for  payment  of aid heretofore
    20    accrued or hereafter  accrued  to  munici-
    21    palities,  and  to  providers  of  medical
    22    services pursuant to section 367-b of  the
    23    social  services  law,  and for payment of
    24    state aid to municipalities and to provid-
    25    ers of family care where  payment  systems
    26    through  the fiscal intermediaries are not
    27    operational.
    28  Notwithstanding any  inconsistent  provision
    29    of  law,  funding  made available by these
    30    appropriations shall support direct salary
    31    costs and related fringe  benefits  within
    32    the  medical assistance program associated
    33    with any minimum wage increase that  takes
    34    effect   during  the  timeframe  of  these
    35    appropriations, pursuant to section 652 of
    36    the labor law. Each eligible  organization
    37    in  receipt  of  funding made available by
    38    these appropriations may  be  required  to
    39    submit written certification, in such form
    40    and  at  such  time  the  commissioner may
    41    prescribe, attesting to the  total  amount
    42    of  funds  used  by the eligible organiza-
    43    tion, how such funding will be or was used
    44    for purposes eligible under  these  appro-
    45    priations  and  any other reporting deemed
    46    necessary by the commissioner. The amounts
    47    appropriated herein may  include  advances
    48    to  organizations  authorized  to  receive
    49    such funds to accomplish this purpose.
    50  Notwithstanding any other provision of  law,
    51    the   money  hereby  appropriated  may  be
    52    increased or decreased by  interchange  or
    53    transfer,  with  any  appropriation of the
    54    department of health  and  the  office  of

        S. 10221                           21
 
     1    medicaid  inspector  general  and  may  be
     2    increased  or  decreased  by  transfer  or
     3    suballocation  between  these appropriated
     4    amounts  and  appropriations of the office
     5    of mental health, office for  people  with
     6    developmental  disabilities, the office of
     7    addiction  services  and   supports,   the
     8    department  of family assistance office of
     9    temporary   and   disability   assistance,
    10    office  of  children  and family services,
    11    the  department  of  financial   services,
    12    department  of  corrections  and community
    13    supervision,  the  office  of  information
    14    technology  services, the state university
    15    of New York, the state  education  depart-
    16    ment,  and  the state office for the aging
    17    with the approval of the director  of  the
    18    budget,  who shall file such approval with
    19    the department of audit  and  control  and
    20    copies  thereof  with  the chairman of the
    21    senate finance committee and the  chairman
    22    of the assembly ways and means committee.
    23  Notwithstanding  any  inconsistent provision
    24    of law, in lieu of payments authorized  by
    25    the  social  services  law, or payments of
    26    federal funds otherwise due to  the  local
    27    social  services  districts  for  programs
    28    provided under the federal social security
    29    act or the federal food stamp  act,  funds
    30    herein  appropriated, in amounts certified
    31    by the state commissioner of temporary and
    32    disability assistance or the state commis-
    33    sioner of health as due from local  social
    34    services  districts  each  month  as their
    35    share of payments made pursuant to section
    36    367-b of the social services  law  may  be
    37    set  aside  by the state comptroller in an
    38    interest-bearing  account  in   order   to
    39    ensure  the  orderly and prompt payment of
    40    providers  under  section  367-b  of   the
    41    social  services  law pursuant to an esti-
    42    mate  provided  by  the  commissioner   of
    43    health   of  each  local  social  services
    44    district's share of payments made pursuant
    45    to section 367-b of  the  social  services
    46    law.
    47  Notwithstanding  any  inconsistent provision
    48    of law to the  contrary,  funds  shall  be
    49    made  available to the commissioner of the
    50    office of mental health or the commission-
    51    er of the office of addiction services and
    52    supports, in consultation with the commis-
    53    sioner  of  health  and  approved  by  the
    54    director  of  the  budget,  and consistent
    55    with  appropriations  made  therefor,   to
    56    implement  allocation adjustment developed

        S. 10221                           22
 
     1    by  each  such  commissioner  which  shall
     2    describe  mental  health  or substance use
     3    disorder services that should be developed
     4    to  meet  service needs resulting from the
     5    reduction of inpatient  behavioral  health
     6    services   provided   under  the  medicaid
     7    program, by programs licensed pursuant  to
     8    article  31  or  32  of the mental hygiene
     9    law. Such programs  may  include  programs
    10    that are licensed pursuant to both article
    11    31  of  the mental hygiene law and article
    12    28 of the public health law, or  certified
    13    under   both  article  32  of  the  mental
    14    hygiene law and article 28 of  the  public
    15    health law.
    16  Notwithstanding  any  inconsistent provision
    17    of law, the moneys hereby appropriated may
    18    be available for payments associated  with
    19    the  resolution by settlement agreement or
    20    judgment of rate appeals and/or litigation
    21    where the department of health is a party.
    22  Notwithstanding any inconsistent  provisions
    23    of  law, no expenditures shall be used for
    24    the medical  assistance  program  for  any
    25    expenses  not explicitly authorized in law
    26    without the approval of  the  director  of
    27    the budget.
    28  For  services  and  expenses  of the medical
    29    assistance  program   including   hospital
    30    inpatient services.
    31  Notwithstanding  any provision of law to the
    32    contrary, the portion  of  this  appropri-
    33    ation  covering  fiscal year 2026-27 shall
    34    supersede and replace any duplicative  (i)
    35    reappropriation  for  this  item  covering
    36    fiscal year 2026-27,  and  (ii)  appropri-
    37    ation  for  this item covering fiscal year
    38    2026-27 set forth in  chapter  53  of  the
    39    laws of 2025 (26947) ....................... 379,425,000
    40  For  services  and  expenses  of the medical
    41    assistance  program   including   hospital
    42    outpatient and emergency room services.
    43  Notwithstanding  any provision of law to the
    44    contrary, the portion  of  this  appropri-
    45    ation  covering  fiscal year 2026-27 shall
    46    supersede and replace any duplicative  (i)
    47    reappropriation  for  this  item  covering
    48    fiscal year 2026-27,  and  (ii)  appropri-
    49    ation  for  this item covering fiscal year
    50    2026-27 set forth in  chapter  53  of  the
    51    laws of 2025 (26948) ........................ 67,620,000
    52  For  services  and  expenses  of the medical
    53    assistance   program   including    clinic
    54    services.
    55  Notwithstanding  any provision of law to the
    56    contrary, the portion  of  this  appropri-

        S. 10221                           23
 
     1    ation  covering  fiscal year 2026-27 shall
     2    supersede and replace any duplicative  (i)
     3    reappropriation  for  this  item  covering
     4    fiscal  year  2026-27,  and (ii) appropri-
     5    ation for this item covering  fiscal  year
     6    2026-27  set  forth  in  chapter 53 of the
     7    laws of 2025 (26949) ....................... 109,485,000
     8  For services and  expenses  of  the  medical
     9    assistance  program including nursing home
    10    services.
    11  Notwithstanding any provision of law to  the
    12    contrary,  the  portion  of this appropri-
    13    ation covering fiscal year  2026-27  shall
    14    supersede  and replace any duplicative (i)
    15    reappropriation  for  this  item  covering
    16    fiscal  year  2026-27,  and (ii) appropri-
    17    ation for this item covering  fiscal  year
    18    2026-27  set  forth  in  chapter 53 of the
    19    laws of 2025 (26950) ....................... 563,700,000
    20  For services and  expenses  of  the  medical
    21    assistance  program  including  other long
    22    term care services.
    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 (26951) ..................... 1,608,045,000
    32  For services and  expenses  of  the  medical
    33    assistance  program including managed care
    34    services   including   regional   planning
    35    activities  of  the  finger  lakes  health
    36    systems agency, including statewide  coor-
    37    dination  and  demonstration of best prac-
    38    tices. The department  shall  make  grants
    39    within  amounts  appropriated therefor, to
    40    assure high-quality and accessible primary
    41    care, to provide technical  assistance  to
    42    support  financial  and  business planning
    43    for integrated systems  of  care,  and  to
    44    assist   primary  care  providers  in  the
    45    adoption, implementation,  and  meaningful
    46    use  of electronic health record technolo-
    47    gy.
    48  Notwithstanding any  inconsistent  provision
    49    of law, rule, or regulation to the contra-
    50    ry, funds appropriated herein shall not be
    51    subject  to  article  6  of  the financial
    52    services law.
    53  Notwithstanding any  inconsistent  provision
    54    of law, rule, or regulation to the contra-
    55    ry,  funds  appropriated herein shall only
    56    be made  available  for  applied  behavior

        S. 10221                           24
 
     1    analysis  services  if  such  services are
     2    recommended by a  health  care  or  mental
     3    health  care practitioner authorized under
     4    title  eight  of the education law who has
     5    been designated  as  an  applied  behavior
     6    analysis  center of excellence provider by
     7    the commissioner of health.
     8  Notwithstanding any provision of law to  the
     9    contrary,  the  portion  of this appropri-
    10    ation covering fiscal year  2026-27  shall
    11    supersede  and replace any duplicative (i)
    12    reappropriation  for  this  item  covering
    13    fiscal  year  2026-27,  and (ii) appropri-
    14    ation for this item covering  fiscal  year
    15    2026-27  set  forth  in  chapter 53 of the
    16    laws of 2025 (26952) ..................... 1,962,340,000
    17  For services and  expenses  of  the  medical
    18    assistance   program   including  pharmacy
    19    services, provided, however, that no funds
    20    shall be made available pursuant  to  this
    21    appropriation  for any drug not explicitly
    22    authorized in any heretofore enacted  law,
    23    rule,  or regulation without approval from
    24    the director of the budget.
    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 (26953) ....................... 591,095,000
    34  For services and  expenses  of  the  medical
    35    assistance  program  including transporta-
    36    tion 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 (26954) ........................ 79,410,000
    46  For services and  expenses  of  the  medical
    47    assistance    program   including   dental
    48    services.
    49  Notwithstanding any provision of law to  the
    50    contrary,  the  portion  of this appropri-
    51    ation covering fiscal year  2026-27  shall
    52    supersede  and replace any duplicative (i)
    53    reappropriation  for  this  item  covering
    54    fiscal  year  2026-27,  and (ii) appropri-
    55    ation for this item covering  fiscal  year

        S. 10221                           25
 
     1    2026-27  set  forth  in  chapter 53 of the
     2    laws of 2025 (26955) ......................... 9,180,000
     3  For  services  and  expenses  of the medical
     4    assistance program  including  noninstitu-
     5    tional and other spending.
     6  The  money  hereby appropriated is available
     7    for  payment  of  liabilities   heretofore
     8    accrued or hereafter accrued.
     9  Notwithstanding  any provision of law to the
    10    contrary, the portion  of  this  appropri-
    11    ation  covering  fiscal year 2026-27 shall
    12    supersede and replace any duplicative  (i)
    13    reappropriation  for  this  item  covering
    14    fiscal year 2026-27,  and  (ii)  appropri-
    15    ation  for  this item covering fiscal year
    16    2026-27 set forth in  chapter  53  of  the
    17    laws of 2025 (26956) ....................... 899,025,000
    18  Notwithstanding  any  inconsistent provision
    19    of law, subject to  the  approval  of  the
    20    director of the budget, upon submission of
    21    an  allocation adjustment from the commis-
    22    sioner of health, the amount  appropriated
    23    herein, together with any available feder-
    24    al  matching  funds, may be transferred or
    25    suballocated  to  the  office  of   mental
    26    health,  office  of addiction services and
    27    supports, office for people with  develop-
    28    mental  disabilities,  division of housing
    29    and  community  renewal,  New  York  state
    30    housing trust fund corporation, and office
    31    of temporary and disability assistance for
    32    services and expenses related to providing
    33    affordable   housing.  Any  such  spending
    34    shall consider the  geographical  location
    35    of the grants.
    36  Notwithstanding  any provision of law to the
    37    contrary, the portion  of  this  appropri-
    38    ation  covering  fiscal year 2026-27 shall
    39    supersede and replace any duplicative  (i)
    40    reappropriation  for  this  item  covering
    41    fiscal year 2026-27,  and  (ii)  appropri-
    42    ation  for  this item covering fiscal year
    43    2026-27 set forth in  chapter  53  of  the
    44    laws of 2025 (29521) ....................... 480,770,000
    45                                              --------------
 
    46    §  9.  Section 6 of chapter 98 of the laws of 2026, relating to making
    47  appropriations for the support of government, as amended by chapter  109
    48  of the laws of 2026, is amended to read as follows:
    49    §  6.  The  amounts  specified  in this section, or so much thereof as
    50  shall be sufficient to accomplish the  purposes  designated,  is  hereby
    51  appropriated  and  authorized to be paid as hereinafter provided, to the
    52  public officers and for the purposes specified, which  amount  shall  be
    53  available for the state fiscal year beginning April 1, 2026.

        S. 10221                           26
 
     1                             DEPARTMENT OF LABOR
 
     2                              AID TO LOCALITIES

     3  UNEMPLOYMENT INSURANCE BENEFIT PROGRAM ... [1,215,000,000] 1,260,000,000
     4                                             --------------
 
     5    Enterprise Funds
     6    Unemployment Insurance Benefit Fund
     7    Unemployment Insurance Benefit Account - 50650
 
     8  For  payment of unemployment insurance bene-
     9    fits pursuant to article 18 of  the  labor
    10    law   or  as  authorized  by  the  federal
    11    government through the disaster  unemploy-
    12    ment  assistance  program,  the  emergency
    13    unemployment  compensation  program,   the
    14    extended   benefit  program,  the  federal
    15    additional  compensation  program  or  any
    16    other  federally funded unemployment bene-
    17    fit program (34787) ...... [1,215,000,000] 1,260,000,000
    18                               --------------

    19    § 10. Section 8 of chapter 100 of the laws of 2026, relating to making
    20  appropriations for the support of government, as amended by chapter  109
    21  of the laws of 2026, is amended to read as follows:
    22    §  8.  The  amounts  specified  in this section, or so much thereof as
    23  shall be sufficient to accomplish the  purposes  designated,  is  hereby
    24  appropriated  and  authorized to be paid as hereinafter provided, to the
    25  public officers and for the purposes specified, which  amount  shall  be
    26  available for the state fiscal year beginning April 1, 2026.
 
    27                        DEPARTMENT OF TRANSPORTATION
 
    28                              AID TO LOCALITIES
 
    29  ADDITIONAL MASS TRANSPORTATION ASSISTANCE PROGRAM ........... 42,536,150
    30                                                            --------------
 
    31    General Fund
    32    Local Assistance Account - 10000

    33  Notwithstanding  any  inconsistent provision
    34    of law, the following  appropriations  are
    35    for  the  payment  of  mass transportation
    36    operating   assistance    provided    that
    37    payments  from this appropriation shall be
    38    made pursuant to a financial plan approved
    39    by the director of the budget.
    40  To  the  Capital   District   transportation
    41    authority for the operating expenses ther-
    42    eof (53206) .................................. 9,590,650
    43  To the Central New York regional transporta-
    44    tion  authority for the operating expenses
    45    thereof (53207) .............................. 6,906,575
    46  To the Rochester-Genesee regional  transpor-

        S. 10221                           27
 
     1    tation   authority   for   the   operating
     2    expenses thereof (53208) ..................... 8,229,375
     3  To   the   Niagara  Frontier  transportation
     4    authority for the operating expenses ther-
     5    eof (53209) .................................. 9,876,025
     6  To all other public  transportation  systems
     7    serving primarily outside of the metropol-
     8    itan   commuter   transportation  district
     9    eligible to receive  operating  assistance
    10    under  the  provisions  of section 18-b of
    11    the transportation law for  the  operating
    12    expenses  thereof  in  accordance  with  a
    13    service and usage  formula  to  be  estab-
    14    lished  by the commissioner of transporta-
    15    tion with the approval of the director  of
    16    the budget (53210) ........................... 7,178,100
    17  To Rockland county for the expenses thereof,
    18    incurred    for    public   transportation
    19    services  within   the   county   provided
    20    directly or under contract (53211) ............... 8,375
    21  To  the  city  of New York for the operating
    22    expenses  of  the  Staten   Island   ferry
    23    notwithstanding any other provision of law
    24    (53212) ......................................... 81,725
    25  To the county of Westchester for the operat-
    26    ing  expenses  thereof  incurred  for  the
    27    public transportation  services,  provided
    28    within   the   county  directly  or  under
    29    contract (53213) ............................... 137,175
    30  To the county of Nassau or its  sub-grantees
    31    for   the   operating   expenses   thereof
    32    incurred   for    public    transportation
    33    services (53214) ............................... 165,925
    34  To  the  county  of  Suffolk  for  operating
    35    expenses  thereof  incurred   for   public
    36    transportation  services,  provided within
    37    the  county  directly  or  under  contract
    38    (53215) ......................................... 64,550
    39  To  the  city  of New York for the operating
    40    expenses  thereof  incurred   for   public
    41    transportation  services,  provided within
    42    the  city  directly  or   under   contract
    43    (53216) ........................................ 218,425
    44  To  all  other public transportation systems
    45    serving primarily within the  metropolitan
    46    commuter  transportation district eligible
    47    to receive operating assistance under  the
    48    provisions  of  section 18-b of the trans-
    49    portation law for the  operating  expenses
    50    thereof  in  accordance with a service and
    51    usage formula to  be  established  by  the
    52    commissioner  of  transportation  with the
    53    approval of the  director  of  the  budget
    54    (53217) ......................................... 79,250
    55                                              --------------

        S. 10221                           28
 
     1  DEDICATED MASS TRANSPORTATION TRUST FUND PROGRAM .........
     2    ............................................ [61,360,250]  199,534,250
     3                                              --------------
 
     4    Special Revenue Funds - Other
     5    Dedicated Mass Transportation Trust Fund
     6    Non-MTA Capital Account - 20853
 
     7  Notwithstanding  any  inconsistent provision
     8    of law, the following  appropriations  are
     9    for payment of mass transportation operat-
    10    ing  assistance  for public transportation
    11    systems  eligible  to  receive   operating
    12    assistance under the provisions of section
    13    18-b  of  the transportation law, provided
    14    that  payments  from  this   appropriation
    15    shall be made pursuant to a financial plan
    16    approved by the director of the budget.
    17  To   the   Capital  District  transportation
    18    authority for the operating expenses ther-
    19    eof (54253) .................................. 2,585,875
    20  To the Central New York regional transporta-
    21    tion authority for the operating  expenses
    22    thereof (54251) .............................. 2,304,275
    23  To  the Rochester-Genesee regional transpor-
    24    tation   authority   for   the   operating
    25    expenses thereof (54252) ..................... 2,582,850
    26  To the Niagara Frontier regional transporta-
    27    tion  authority for the operating expenses
    28    thereof (54254) .............................. 3,364,300
    29  To  all  other  public  transportation   bus
    30    systems serving primarily areas outside of
    31    the  metropolitan  transportation commuter
    32    district  eligible  to  receive  operating
    33    assistance under the provisions of section
    34    18-b  of  the  transportation  law for the
    35    operating expenses thereof  in  accordance
    36    with  the  service and usage formula to be
    37    established by the commissioner of  trans-
    38    portation  with the approval of the direc-
    39    tor of the budget (54250) .................... 2,197,950
    40                                              --------------
 
    41    Special Revenue Funds - Other
    42    Dedicated Mass Transportation Trust Fund
    43    Railroad Account - 20852
 
    44  To the metropolitan transportation authority
    45    for deposit in the metropolitan  transpor-
    46    tation  authority  dedicated  tax fund for
    47    the expenses of the New York city  transit
    48    authority, the Manhattan and Bronx surface
    49    transit   operating   authority,  and  the
    50    Staten  Island  rapid  transit   operating
    51    authority,   the  Long  Island  rail  road
    52    company and the Metro-North commuter rail-

        S. 10221                           29
 
     1    road company which includes the  New  York
     2    state  portion of the Harlem, Hudson, Port
     3    Jervis, Pascack, and the New Haven  commu-
     4    ter railroad service regardless of whether
     5    the  services  are  provided  directly  or
     6    pursuant to joint service agreements.   No
     7    expenditure  shall be made hereunder until
     8    a certificate of approval has been  issued
     9    by  the  director of the budget and a copy
    10    of such certificate filed with  the  state
    11    comptroller, the chairperson of the senate
    12    finance  committee  and the chairperson of
    13    the assembly  ways  and  means  committee.
    14    Moneys  appropriated  herein  may  be made
    15    available at  such  times  and  upon  such
    16    conditions as may be deemed appropriate by
    17    the commissioner of transportation and the
    18    director  of the budget in accordance with
    19    the following:
    20  To the metropolitan transportation authority
    21    for the operating  expenses  of  the  Long
    22    Island  rail  road  company and the Metro-
    23    North  commuter  railroad  company   which
    24    include  operating  expenses  for  the New
    25    York state portion of Harlem, Hudson, Port
    26    Jervis, Pascack, and  New  Haven  commuter
    27    railroad  services  regardless  of whether
    28    such services  are  provided  directly  or
    29    pursuant   to   joint  service  agreements
    30    (54282) ....................... [7,260,000]   27,996,000
    31                                --------------
 
    32    Special Revenue Funds - Other
    33    Dedicated Mass Transportation Trust Fund
    34    Transit Authorities Account - 20851
 
    35  To the metropolitan transportation authority
    36    for deposit in the metropolitan  transpor-
    37    tation  authority  dedicated  tax fund for
    38    the expenses of the New York city  transit
    39    authority, the Manhattan and Bronx surface
    40    transit   operating   authority,  and  the
    41    Staten  Island  rapid  transit   operating
    42    authority,   the  Long  Island  rail  road
    43    company and the Metro-North commuter rail-
    44    road company which includes the  New  York
    45    state  portion of the Harlem, Hudson, Port
    46    Jervis, Pascack, and the New Haven  commu-
    47    ter railroad service regardless of whether
    48    the  services  are  provided  directly  or
    49    pursuant to joint service agreements.   No
    50    expenditure  shall be made hereunder until
    51    a certificate of approval has been  issued
    52    by  the  director of the budget and a copy
    53    of such certificate filed with  the  state
    54    comptroller, the chairperson of the senate

        S. 10221                           30
 
     1    finance  committee  and the chairperson of
     2    the assembly  ways  and  means  committee.
     3    Moneys  appropriated  herein  may  be made
     4    available  at  such  times  and  upon such
     5    conditions as may be deemed appropriate by
     6    the commissioner of transportation and the
     7    director of the budget in accordance  with
     8    the following:
     9  To the metropolitan transportation authority
    10    for the operating expenses of the New York
    11    city  transit authority, the Manhattan and
    12    Bronx surface transit operating authority,
    13    and the Staten Island rapid transit  oper-
    14    ating authority (53173) ...... [41,065,000]  158,503,000
    15                                --------------
 
    16  MASS TRANSPORTATION ASSISTANCE PROGRAM ....................... 6,312,750
    17                                                            --------------
 
    18    General Fund
    19    Local Assistance Account - 10000
 
    20  For  payment to the metropolitan transporta-
    21    tion  authority  for  the  costs  of   the
    22    student  fare  for school children program
    23    for  the  2026-27  school  year   provided
    24    however,  that  the program shall maintain
    25    the same eligibility criteria and discount
    26    structure for  students  as  was  provided
    27    during the 2019-20 school year. No expend-
    28    iture  shall  be  made  hereunder  until a
    29    certificate of approval has been issued by
    30    the director of the budget and a  copy  of
    31    such  certificate  filed  with  the  state
    32    comptroller, the chairperson of the senate
    33    finance committee and the  chairperson  of
    34    the  assembly  ways  and  means committee.
    35    Moneys appropriated  herein  may  only  be
    36    made  available  prior to the beginning of
    37    each school year semester designated fall,
    38    spring, and summer after  the  receipt  of
    39    student  fare  passes by the New York City
    40    department of education from the metropol-
    41    itan transportation authority (53175) ........ 6,312,750
    42                                              --------------
 
    43  MASS TRANSPORTATION OPERATING ASSISTANCE FUND PROGRAM ....
    44    ........................................... [167,533,375]  374,961,075
    45                                              --------------
 
    46    Special Revenue Funds - Other
    47    Mass Transportation Operating Assistance Fund
    48    Metropolitan Mass  Transportation  Operating  Assistance
    49      Account - 21402

        S. 10221                           31
 
     1  Notwithstanding  any  inconsistent provision
     2    of law, the following  appropriations  are
     3    for payment of mass transportation operat-
     4    ing assistance provided that payments from
     5    this  appropriation shall be made pursuant
     6    to a financial plan approved by the direc-
     7    tor of the budget.
     8  To the metropolitan transportation authority
     9    for the operating expenses of the New York
    10    city transit authority, the Manhattan  and
    11    Bronx surface transit operating authority,
    12    and  the Staten Island rapid transit oper-
    13    ating authority (53176) .................... 142,443,400
    14  To the metropolitan transportation authority
    15    for the operating  expenses  of  the  Long
    16    Island  rail  road  company and the Metro-
    17    North  commuter  railroad  company   which
    18    includes  the  New  York  state portion of
    19    Harlem, Hudson, Port Jervis, Pascack,  and
    20    the  New  Haven commuter railroad services
    21    regardless of  whether  the  services  are
    22    provided  directly  or  pursuant  to joint
    23    service agreements (53177) .................. 64,984,300
    24  To Rockland county for the expenses  thereof
    25    incurred    for    public   transportation
    26    services  within  the   county,   provided
    27    directly or under contract (53178) ........... 1,591,325
    28  To  the  city  of New York for the operating
    29    expenses  of  the  Staten   Island   ferry
    30    notwithstanding  any  other  provisions of
    31    law (53179) ................................. 14,831,275
    32  To the county of Westchester for the operat-
    33    ing expenses thereof incurred  for  public
    34    transportation  services,  provided within
    35    the  county  directly  or  under  contract
    36    (53180) ..................................... 25,355,925
    37  To  the county of Nassau or its sub-grantees
    38    for   the   operating   expenses   thereof
    39    incurred    for    public   transportation
    40    services (53181) ............................ 30,880,275
    41  To  the  county  of  Suffolk  for  operating
    42    expenses   thereof   incurred  for  public
    43    transportation services,  provided  within
    44    the  county  directly  or  under  contract
    45    (53182) ..................................... 12,027,150
    46  To the city of New York  for  the  operating
    47    expenses   thereof   incurred  for  public
    48    transportation services,  provided  within
    49    the   city  directly  or  under  contract;
    50    provided however, that $2,000,000 of  this
    51    appropriation   shall   be   for  expenses
    52    incurred for the Staten Island express bus
    53    service (53183) ............................. 39,794,050
    54  To all other public  transportation  systems
    55    serving  primarily within the metropolitan
    56    commuter   transportation   district,   as

        S. 10221                           32
 
     1    defined  in  section  1262  of  the public
     2    authorities law, eligible to receive oper-
     3    ating assistance under the  provisions  of
     4    section 18-b of the transportation law for
     5    the  operating expenses thereof in accord-
     6    ance with a service and usage  formula  to
     7    be  established  by  the  commissioner  of
     8    transportation with the  approval  of  the
     9    director of the budget (53184) .............. 14,542,125
    10                                              --------------
 
    11    Special Revenue Funds - Other
    12    Mass Transportation Operating Assistance Fund
    13    Public   Transportation   Systems  Operating  Assistance
    14      Account - 21401
 
    15  Notwithstanding any  inconsistent  provision
    16    of  law,  the following appropriations are
    17    for payment of mass transportation operat-
    18    ing assistance provided that payments from
    19    this appropriation shall be made  pursuant
    20    to a financial plan approved by the direc-
    21    tor of the budget.
    22  To   the   Capital  District  transportation
    23    authority for the operating expenses ther-
    24    eof (53185) .................................. 4,623,425
    25  To the Central New York regional transporta-
    26    tion authority for the operating  expenses
    27    thereof (53186) .............................. 4,278,125
    28  To  the Rochester-Genesee regional transpor-
    29    tation   authority   for   the   operating
    30    expenses thereof (53187) ..................... 5,339,850
    31  To   the   Niagara  Frontier  transportation
    32    authority for the operating expenses ther-
    33    eof (53188) .................................. 7,986,200
    34  To  all  other  public  transportation   bus
    35    systems serving primarily areas outside of
    36    the  metropolitan  commuter transportation
    37    district  eligible  to  receive  operating
    38    assistance under the provisions of section
    39    18-b  of  the  transportation  law for the
    40    operating expenses thereof  in  accordance
    41    with  the  service and usage formula to be
    42    established by the commissioner of  trans-
    43    portation  with the approval of the direc-
    44    tor of the budget (53189) .................... 6,283,650
    45                                              --------------
 
    46  MASS TRANSPORTATION OPERATING ASSISTANCE PROGRAM ............ 55,467,475
    47                                                            --------------
 
    48    General Fund
    49    Local Assistance Account - 10000
 
    50  Notwithstanding any  inconsistent  provision
    51    of  law,  the following appropriations are

        S. 10221                           33
 
     1    for the  payment  of  mass  transportation
     2    operating  assistance  pursuant to section
     3    18-b of the transportation law.
     4  To the metropolitan transportation authority
     5    for the operating expenses of the New York
     6    city  transit authority, the Manhattan and
     7    Bronx surface transit operating authority,
     8    and the Staten Island rapid transit  oper-
     9    ating authority (53192) ........................ 548,850
    10  To the metropolitan transportation authority
    11    for  the  operating  expenses  of the Long
    12    Island rail road company  and  the  Metro-
    13    North   commuter  railroad  company  which
    14    include operating  expenses  for  the  New
    15    York state portion of Harlem, Hudson, Port
    16    Jervis,  Pascack,  and  New Haven commuter
    17    railroad services  regardless  of  whether
    18    such  services  are  provided  directly or
    19    pursuant  to  joint   service   agreements
    20    (53193) ........................................ 916,650
    21  To  the  city  of New York for the operating
    22    expenses  of  the  Staten   Island   ferry
    23    notwithstanding any other provision of law
    24    (53198) ......................................... 77,250
    25  To the county of Westchester for the operat-
    26    ing  expenses  thereof  incurred  for  the
    27    public transportation  services,  provided
    28    within   the   county  directly  or  under
    29    contract (53199) ................................ 65,275
    30  To the county of Nassau or its  sub-grantees
    31    for   the   operating   expenses   thereof
    32    incurred   for    public    transportation
    33    services (53200) ................................ 52,800
    34  To  the  county  of  Suffolk  for  operating
    35    expenses  thereof  incurred   for   public
    36    transportation  services,  provided within
    37    the  county  directly  or  under  contract
    38    (53201) ......................................... 18,700
    39  To  the  city  of New York for the operating
    40    expenses  thereof  incurred   for   public
    41    transportation  services,  provided within
    42    the  city  directly  or   under   contract
    43    (53202) ........................................ 184,275
    44  To  all  other public transportation systems
    45    serving primarily within the  metropolitan
    46    commuter  transportation district eligible
    47    to receive operating assistance under  the
    48    provisions  of  section 18-b of the trans-
    49    portation law for the  operating  expenses
    50    thereof  in  accordance with a service and
    51    usage formula to  be  established  by  the
    52    commissioner  of  transportation  with the
    53    approval of the  director  of  the  budget
    54    (53203) ......................................... 51,900
    55  To   the   Capital  District  transportation

        S. 10221                           34

     1    authority for the operating expenses ther-
     2    eof (53194) .................................... 347,325
     3  To the Central New York regional transporta-
     4    tion  authority for the operating expenses
     5    thereof (53195) ................................ 548,125
     6  To the Rochester-Genesee regional  transpor-
     7    tation   authority   for   the   operating
     8    expenses thereof (53196) ....................... 685,125
     9  To  the  Niagara   Frontier   transportation
    10    authority for the operating expenses ther-
    11    eof (53197) .................................... 713,500
    12  To  all  other public transportation systems
    13    serving primarily outside the metropolitan
    14    commuter transportation district  eligible
    15    to  receive operating assistance under the
    16    provisions of section 18-b of  the  trans-
    17    portation  law  for the operating expenses
    18    thereof in accordance with a  service  and
    19    usage  formula  to  be  established by the
    20    commissioner of  transportation  with  the
    21    approval  of  the  director  of the budget
    22    (53204) ........................................ 510,175
    23                                              --------------
 
    24    Special Revenue Funds - Other
    25    Mass Transportation Operating Assistance Fund
    26    Metropolitan Mass  Transportation  Operating  Assistance
    27      Account - 21402
 
    28  Notwithstanding  any  inconsistent provision
    29    of law, the following  appropriations  are
    30    for  the  payment  of  mass transportation
    31    operating assistance pursuant  to  section
    32    18-b of the transportation law and section
    33    88-a of the state finance law.
    34  To the metropolitan transportation authority
    35    for the operating expenses of the New York
    36    city  transit authority, the Manhattan and
    37    Bronx surface transit operating authority,
    38    and the Staten Island rapid transit  oper-
    39    ating authority (53192) ..................... 39,119,150
    40  To the metropolitan transportation authority
    41    for  the  operating  expenses  of the Long
    42    Island rail road company  and  the  Metro-
    43    North   commuter  railroad  company  which
    44    include operating  expenses  for  the  New
    45    York state portion of Harlem, Hudson, Port
    46    Jervis,  Pascack,  and  New Haven commuter
    47    railroad services  regardless  of  whether
    48    such  services  are  provided  directly or
    49    pursuant  to  joint   service   agreements
    50    (53193) ...................................... 6,396,350
    51  To  the  city  of New York for the operating
    52    expenses  of  the  Staten   Island   ferry
    53    (53198) ........................................ 615,675

        S. 10221                           35
 
     1  To the county of Westchester for the operat-
     2    ing  expenses  thereof incurred for public
     3    transportation services,  provided  within
     4    the  county  directly  or  under  contract
     5    (53199) ........................................ 635,575
     6  To the county of Nassau or its  sub-grantees
     7    for   the   operating   expenses   thereof
     8    incurred   for    public    transportation
     9    services (53200) ............................... 582,075
    10  To  the  county  of  Suffolk  for  operating
    11    expenses  thereof  incurred   for   public
    12    transportation  services,  provided within
    13    the  county  directly  or  under  contract
    14    (53201) ........................................ 212,375
    15  To  the  city  of New York for the operating
    16    expenses  thereof  incurred   for   public
    17    transportation  services,  provided within
    18    the  city  directly  or   under   contract
    19    (53202) ...................................... 1,507,775
    20  To  eligible  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 (53203) ................. 454,550
    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  the  payment  of  mass transportation
    40    operating assistance pursuant  to  section
    41    18-b of the transportation law and section
    42    88-a of the state finance law.
    43  To   the   Capital  District  transportation
    44    authority for the operating expenses ther-
    45    eof (53194) .................................... 151,525
    46  To the Central New York regional transporta-
    47    tion authority for the operating  expenses
    48    thereof (53195) ................................ 255,775
    49  To  the Rochester-Genesee regional transpor-
    50    tation   authority   for   the   operating
    51    expenses thereof (53196) ....................... 292,250
    52  To   the   Niagara  Frontier  transportation
    53    authority for the operating expenses ther-
    54    eof (53197) .................................... 311,500

        S. 10221                           36
 
     1  To  all  other  public  transportation   bus
     2    systems   serving  areas  outside  of  the
     3    metropolitan    commuter    transportation
     4    district  eligible  to  receive  operating
     5    assistance under the provisions of section
     6    18-b  of  the  transportation  law for the
     7    operating expenses thereof  in  accordance
     8    with  the  service and usage formula to be
     9    established by the commissioner of  trans-
    10    portation  with the approval of the direc-
    11    tor of the budget (54289) ...................... 212,950
    12                                              --------------
 
    13  METROPOLITAN TRANSPORTATION AUTHORITY SUPPORT PROGRAM ....... 13,138,000
    14                                                            --------------
 
    15    Special Revenue Funds - Other
    16    Metropolitan Transportation Authority Financial  Assist-
    17      ance Fund
    18    New York Central Business District Trust Fund - 23653
 
    19  To the metropolitan transportation authority
    20    pursuant  to  section  99-ff  of the state
    21    finance law for  deposit  in  the  central
    22    business  district tolling capital lockbox
    23    established pursuant to section  553-j  of
    24    the public authorities law (54298) .......... 13,138,000
    25                                              --------------
 
    26    §  11. Section 7 of chapter 98 of the laws of 2026, relating to making
    27  appropriations for the support of government, as amended by chapter  109
    28  of the laws of 2026, is amended to read as follows:
    29    §  7.  The  amounts  specified  in this section, or so much thereof as
    30  shall be sufficient to accomplish the  purposes  designated,  is  hereby
    31  appropriated  and  authorized to be paid as hereinafter provided, to the
    32  public officers and for the purposes specified, which  amount  shall  be
    33  available for the state fiscal year beginning April 1, 2026.
 
    34                        DEPARTMENT OF MENTAL HYGIENE
 
    35              OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES
 
    36                              AID TO LOCALITIES
 
    37  COMMUNITY SERVICES PROGRAM .................. [760,608,000]  769,023,000
    38                                              --------------
 
    39    General Fund
    40    Local Assistance Account - 10000
 
    41  For  services  and expenses of the community
    42    services program,  net  of  disallowances,
    43    for  community  programs  for  people with
    44    developmental  disabilities  pursuant   to
    45    article  41  of  the  mental  hygiene law,
    46    and/or chapter 620 of the  laws  of  1974,

        S. 10221                           37
 
     1    chapter  660  of the laws of 1977, chapter
     2    412 of the laws of 1981, chapter 27 of the
     3    laws of 1987, chapter 729 of the  laws  of
     4    1989,  chapter 329 of the laws of 1993 and
     5    other provisions  of  the  mental  hygiene
     6    law.   Notwithstanding   any  inconsistent
     7    provision of law, the following  appropri-
     8    ation shall be net of prior and/or current
     9    year refunds, rebates, reimbursements, and
    10    credits.
    11  Notwithstanding  any other provision of law,
    12    advances and reimbursement  made  pursuant
    13    to  subdivision  (d)  of section 41.15 and
    14    section 41.18 of the  mental  hygiene  law
    15    shall  be allocated pursuant to a plan and
    16    in a manner prescribed by the agency  head
    17    and  approved by the director of the budg-
    18    et. The  moneys  hereby  appropriated  are
    19    available  to reimburse or advance locali-
    20    ties and voluntary non-profit agencies for
    21    expenditures  made  during  local   fiscal
    22    periods  commencing January 1, 2026, April
    23    1, 2026 or July 1, 2026, and for  advances
    24    for  the  3 month period beginning January
    25    1, 2027.
    26  Notwithstanding the provisions of article 41
    27    of the mental hygiene  law  or  any  other
    28    inconsistent  provision  of  law,  rule or
    29    regulation, the commissioner, pursuant  to
    30    such  contract  and in the manner provided
    31    therein, may pay all or a portion  of  the
    32    expenses  incurred by such voluntary agen-
    33    cies arising out of loans which are funded
    34    from  the  proceeds  of  bonds  and  notes
    35    issued  by  the dormitory authority of the
    36    state of New York.
    37  Notwithstanding any other provision of  law,
    38    the   money  hereby  appropriated  may  be
    39    transferred to state operations and/or any
    40    appropriation of  the  office  for  people
    41    with  developmental  disabilities with the
    42    approval of the director of the budget.
    43  Notwithstanding any  inconsistent  provision
    44    of law, moneys from this appropriation may
    45    be used for state aid of up to 100 percent
    46    of  the  net deficit costs of day training
    47    programs and family support services.
    48  Notwithstanding the  provisions  of  section
    49    16.23  of  the  mental hygiene law and any
    50    other inconsistent provision of law,  with
    51    relation  to  the  operation  of certified
    52    family care homes, including  family  care
    53    homes  sponsored by voluntary not-for-pro-
    54    fit agencies, moneys from  this  appropri-
    55    ation may be used for payments to purchase
    56    general services including but not limited

        S. 10221                           38
 
     1    to  respite  providers, up to a maximum of
     2    14 days, at rates to be established by the
     3    commissioner and approved by the  director
     4    of  the budget in consideration of factors
     5    including, but not limited to,  geographic
     6    area  and  number  of clients cared for in
     7    the home and  for  payment  in  an  amount
     8    determined  by  the  commissioner  for the
     9    personal needs of each client residing  in
    10    the family care home.
    11  Notwithstanding  the  provisions of subdivi-
    12    sion 12 of section 8 of the state  finance
    13    law  and  any other inconsistent provision
    14    of law, moneys from this appropriation may
    15    be used for expenses of family care  homes
    16    including  payments to operators of certi-
    17    fied family care homes for damages  caused
    18    by  clients  to personal and real property
    19    in accordance with  standards  established
    20    by  the  commissioner  and approved by the
    21    director of the budget.
    22  Notwithstanding any  inconsistent  provision
    23    of law, moneys from this appropriation may
    24    be   used   for  appropriate  day  program
    25    services and residential services  includ-
    26    ing,  but  not  limited to, direct housing
    27    subsidies   to    individuals,    start-up
    28    expenses  for family care providers, envi-
    29    ronmental modifications, adaptive technol-
    30    ogies,   appraisals,   property   options,
    31    feasibility   studies  and  preoperational
    32    expenses.
    33  Notwithstanding any  inconsistent  provision
    34    of law except pursuant to a chapter of the
    35    laws  of  2025  authorizing  a 2.6 percent
    36    targeted inflationary  increase,  for  the
    37    period  commencing  on  April  1, 2025 and
    38    ending March  31,  2026  the  commissioner
    39    shall  not  apply  any  other inflationary
    40    increases, cost of living type  increases,
    41    inflation  factors,  or  trend factors for
    42    the  purpose  of  establishing  rates   of
    43    payments,  contracts  or any other form of
    44    reimbursement; provided  that  this  shall
    45    not prevent the commissioner from applying
    46    prior   adjustments  for  the  purpose  of
    47    establishing rates resulting from a rebas-
    48    ing of base year costs.
    49  Notwithstanding section 6908 of  the  educa-
    50    tion  law  and any other provision of law,
    51    rule or regulation to the contrary, direct
    52    support staff  in  programs  certified  or
    53    approved  by  the  office  for people with
    54    developmental disabilities, including  the
    55    home  and  community based services waiver
    56    programs that the office for  people  with

        S. 10221                           39
 
     1    developmental  disabilities  is authorized
     2    to administer with federal approval pursu-
     3    ant to subdivision (c) of section 1915  of
     4    the   federal  social  security  act,  are
     5    authorized to provide such tasks as  OPWDD
     6    may   specify  when  performed  under  the
     7    supervision,   training    and    periodic
     8    inspection  of  a  registered professional
     9    nurse and in accordance with an authorized
    10    practitioner's ordered care.
    11  Notwithstanding any other provision  of  law
    12    to   the  contrary,  and  consistent  with
    13    section 33.07 of the mental  hygiene  law,
    14    the  directors  of facilities licensed but
    15    not operated by the office for people with
    16    developmental  disabilities  who  act   as
    17    federally-appointed  representative payees
    18    and who assume  management  responsibility
    19    over  the funds of a resident may continue
    20    to use such funds  for  the  cost  of  the
    21    resident's  care and treatment, consistent
    22    with federal law and regulations.
    23  Funds appropriated herein shall be available
    24    in accordance with the following:
    25  Notwithstanding any  inconsistent  provision
    26    of  law,  the  director  of  the budget is
    27    authorized  to  make  suballocations  from
    28    this  appropriation  to  the department of
    29    health medical assistance program.
    30  Notwithstanding any  inconsistent  provision
    31    of  law,  and  pursuant to criteria estab-
    32    lished by the commissioner of  the  office
    33    for people with developmental disabilities
    34    and  approved by the director of the budg-
    35    et, expenditures may  be  made  from  this
    36    appropriation  for  residential facilities
    37    which  are  pending   recertification   as
    38    intermediate  care  facilities  for people
    39    with developmental disabilities.
    40  Notwithstanding the  provisions  of  section
    41    41.36  of  the  mental hygiene law and any
    42    other  inconsistent  provision   of   law,
    43    moneys from this appropriation may be used
    44    for  payment  up  to  $250  per  year  per
    45    client, at such times and in  such  manner
    46    as  determined  by the commissioner on the
    47    basis of financial need for  the  personal
    48    needs of each client residing in voluntar-
    49    y-operated community residences and volun-
    50    tary-operated community residential alter-
    51    natives,      including     individualized
    52    residential alternatives  under  the  home
    53    and  community  based services waiver. The
    54    commissioner   shall,   subject   to   the
    55    approval  of  the  director of the budget,
    56    alter existing advance  payment  schedules

        S. 10221                           40
 
     1    for   voluntary-operated  community  resi-
     2    dences  established  pursuant  to  section
     3    41.36 of the mental hygiene law.
     4  Notwithstanding  any  inconsistent provision
     5    of law, moneys from this appropriation may
     6    be  used  for  the  operation  of  clinics
     7    licensed  pursuant  to  article  16 of the
     8    mental  hygiene  law  including,  but  not
     9    limited  to,  supportive  and habilitative
    10    services  consistent  with  the  home  and
    11    community based services waiver.
    12  For  the state and/or local share of medical
    13    assistance services expenses  incurred  by
    14    the department of health for the provision
    15    of  medical  assistance services to people
    16    with developmental disabilities (37835) .... 700,020,000
    17  For services and expenses of  the  community
    18    services  program,  net  of disallowances,
    19    for community  programs  for  people  with
    20    developmental   disabilities  pursuant  to
    21    article 41  of  the  mental  hygiene  law,
    22    and/or  chapter  620  of the laws of 1974,
    23    chapter 660 of the laws of  1977,  chapter
    24    412 of the laws of 1981, chapter 27 of the
    25    laws  of  1987, chapter 729 of the laws of
    26    1989, chapter 329 of the laws of 1993  and
    27    other  provisions  of  the  mental hygiene
    28    law.  Notwithstanding   any   inconsistent
    29    provision  of law, the following appropri-
    30    ation shall be net of prior and/or current
    31    year refunds, rebates, reimbursements, and
    32    credits.
    33  Notwithstanding any other provision of  law,
    34    advances  and  reimbursement made pursuant
    35    to subdivision (d) of  section  41.15  and
    36    section  41.18  of  the mental hygiene law
    37    shall be allocated pursuant to a plan  and
    38    in  a manner prescribed by the agency head
    39    and approved by the director of the  budg-
    40    et.    The  moneys hereby appropriated are
    41    available to reimburse or advance  locali-
    42    ties and voluntary non-profit agencies for
    43    expenditures   made  during  local  fiscal
    44    periods commencing January 1, 2026,  April
    45    1,  2026 or July 1, 2026, and for advances
    46    for the 3 month period  beginning  January
    47    1, 2027.
    48  Notwithstanding the provisions of article 41
    49    of  the  mental  hygiene  law or any other
    50    inconsistent provision  of  law,  rule  or
    51    regulation,  the commissioner, pursuant to
    52    such contract and in the  manner  provided
    53    therein,  may  pay all or a portion of the
    54    expenses incurred by such voluntary  agen-
    55    cies arising out of loans which are funded
    56    from  the  proceeds  of  bonds  and  notes

        S. 10221                           41
 
     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, moneys from this appropriation may

        S. 10221                           42
 
     1    be  used  to  fund  continuity   of   care
     2    services, family reimbursed respite, other
     3    than  personal services and direct housing
     4    subsidies  for  people who are enrolled in
     5    OPWDD's self-direction  program,  provided
     6    any  or all such costs are identified in a
     7    self-direction budget approved by OPWDD.
     8  Notwithstanding any  inconsistent  provision
     9    of law except pursuant to a chapter of the
    10    laws  of  2025  authorizing  a 2.6 percent
    11    targeted inflationary  increase,  for  the
    12    period  commencing  on  April  1, 2025 and
    13    ending March  31,  2026  the  commissioner
    14    shall  not  apply  any  other inflationary
    15    increases, cost of living type  increases,
    16    inflation  factors,  or  trend factors for
    17    the  purpose  of  establishing  rates   of
    18    payments,  contracts  or any other form of
    19    reimbursement; provided  that  this  shall
    20    not prevent the commissioner from applying
    21    prior   adjustments  for  the  purpose  of
    22    establishing rates resulting from a rebas-
    23    ing of base year costs.
    24  Notwithstanding section 6908 of  the  educa-
    25    tion  law  and any other provision of law,
    26    rule or regulation to the contrary, direct
    27    support staff  in  programs  certified  or
    28    approved  by  the  office  for people with
    29    developmental disabilities, including  the
    30    home  and  community based services waiver
    31    programs that the office for  people  with
    32    developmental  disabilities  is authorized
    33    to administer with federal approval pursu-
    34    ant to subdivision (c) of section 1915  of
    35    the   federal  social  security  act,  are
    36    authorized to provide such tasks as  OPWDD
    37    may   specify  when  performed  under  the
    38    supervision,   training    and    periodic
    39    inspection  of  a  registered professional
    40    nurse and in accordance with an authorized
    41    practitioner's ordered care.
    42  Notwithstanding any other provision  of  law
    43    to   the  contrary,  and  consistent  with
    44    section 33.07 of the mental  hygiene  law,
    45    the  directors  of facilities licensed but
    46    not operated by the office for people with
    47    developmental  disabilities  who  act   as
    48    federally-appointed  representative payees
    49    and who assume  management  responsibility
    50    over  the funds of a resident may continue
    51    to use such funds  for  the  cost  of  the
    52    resident's  care and treatment, consistent
    53    with federal law and regulations.
    54  Funds appropriated herein shall be available
    55    in accordance with the following:

        S. 10221                           43
 
     1  Notwithstanding any other provision  of  law
     2    to the contrary, funds appropriated herein
     3    are    available  to    reimburse  in- and
     4    out-of-state private residential  schools,
     5    pursuant  to  subdivision  (c)  of section
     6    13.37-a and  subdivision  (g)  of  section
     7    13.38 of the mental hygiene law, for costs
     8    of  supporting  the  residential  and  day
     9    program services available to  individuals
    10    who  are  over the age of 21 years of age,
    11    provided that the amount paid for residen-
    12    tial services and/or maintenance costs  is
    13    net  of  any  supplemental security income
    14    benefit to which the individual  receiving
    15    services is eligible, and provided further
    16    that  funding  for nonresidential services
    17    will be in an amount  not  to  exceed  the
    18    maximum  reimbursement for appropriate day
    19    services  delivered  by  the  office   for
    20    people   with  developmental  disabilities
    21    certified or approved providers other than
    22    in- and out-of-state  private  residential
    23    schools,  unless  otherwise  authorized by
    24    the director of the budget.
    25  Notwithstanding section  163  of  the  state
    26    finance  law,  section 142 of the economic
    27    development law, and  article  41  of  the
    28    mental  hygiene  law,  the commissioner of
    29    the office for people  with  developmental
    30    disabilities  may make the funds appropri-
    31    ated herein available as state aid, a loan
    32    or a grant, pursuant to terms  and  condi-
    33    tions  established  by the commissioner of
    34    the office for people  with  developmental
    35    disabilities,  to  cover  a portion of the
    36    development  costs  of   private,   public
    37    and/or non-profit organizations, including
    38    corporations  and partnerships established
    39    pursuant to the  private  housing  finance
    40    law and/or any other statutory provisions,
    41    for  supportive  housing  units  that have
    42    been set aside for individuals with intel-
    43    lectual  and  developmental  disabilities.
    44    Further, the office for people with devel-
    45    opmental disabilities shall have a lien on
    46    the  real  property  developed  with  such
    47    state aid, loans or grants, which shall be
    48    in the amount of the loan or grant, for  a
    49    maximum  term of 30 years, or other longer
    50    term consistent with the  requirements  of
    51    another regulatory agency.
    52  For  services  and  expenses  related to the
    53    provision  of  residential   services   to
    54    people   with  developmental  disabilities
    55    (37802) ...................... [35,172,000]   40,057,000

        S. 10221                           44
 
     1  For services and  expenses  related  to  the
     2    provision   of  day  program  services  to
     3    people   with  developmental  disabilities
     4    (37803) ....................... [8,640,000]    9,840,000
     5  For services and  expenses  related  to  the
     6    provision  of  family  support services to
     7    people  with  developmental   disabilities
     8    (37804) ....................... [9,720,000]   11,070,000
     9  For  services  and  expenses  related to the
    10    provision of workshop,  day  training  and
    11    employment  services to people with devel-
    12    opmental disabilities. Notwithstanding any
    13    other provision of law,  up  to  [$82,800]
    14    $94,300   of  this  appropriation  may  be
    15    transferred to the New York  State  Educa-
    16    tion Departments' Adult Career and Contin-
    17    uing Education Services - Vocational Reha-
    18    bilitation  (ACCES-VR)  program to support
    19    the LongTerm Sheltered Employment  program
    20    operated    by    FEDCAP    Rehabilitation
    21    Services, Inc.  (37805) ....... [5,616,000]    6,396,000
    22  For other services and expenses provided  to
    23    people   with  developmental  disabilities
    24    including but not limited to hepatitis  B,
    25    care  at  home  waiver, epilepsy services,
    26    Special Olympics New York, Inc. and volun-
    27    tary fingerprinting (37806) ... [1,440,000]    1,640,000
    28                                --------------
 
    29    § 12. Section 8 of chapter 98 of the laws of 2026, relating to  making
    30  appropriations  for the support of government, as amended by chapter 109
    31  of the laws of 2026, is amended to read as follows:
    32    § 8. The amounts specified in this section,  or  so  much  thereof  as
    33  shall  be  sufficient  to  accomplish the purposes designated, is hereby
    34  appropriated and authorized to be paid as hereinafter provided,  to  the
    35  public  officers  and  for the purposes specified, which amount shall be
    36  available for the state fiscal year beginning April 1, 2026.

    37                      DEPARTMENT OF VETERANS' SERVICES
 
    38                              AID TO LOCALITIES
 
    39  BLIND VETERAN ANNUITY ASSISTANCE PROGRAM ....................... 385,000
    40                                                            --------------
 
    41    General Fund
    42    Local Assistance Account - 10000
 
    43  For payment of annuities to  blind  veterans
    44    and  eligible  surviving  spouses.  Up  to
    45    $15,000  of  this  appropriation  may   be
    46    transferred to state operations for admin-
    47    istrative   costs   associated  with  this
    48    program (54606) ................................ 385,000
    49                                              --------------

        S. 10221                           45
 
     1  VETERANS' BENEFITS ADVISING PROGRAM ............. [216,000]      246,000
     2                                              --------------
 
     3    Special Revenue Funds - Other
     4    Homeless Veterans Assistance Fund
     5    Homeless Veterans Assistance Account - 20204
 
     6  For  services  and expenses related to home-
     7    less veterans' housing (54815) .. [216,000]      246,000
     8                                --------------
 
     9    § 13. The amounts specified in this section, or  so  much  thereof  as
    10  shall  be  sufficient  to  accomplish the purposes designated, is hereby
    11  appropriated and authorized to be paid as hereinafter provided,  to  the
    12  public  officers  and  for the purposes specified, which amount shall be
    13  available for the state fiscal year beginning April 1, 2026.
 
    14                         LOCAL GOVERNMENT ASSISTANCE
    15                              AID TO LOCALITIES

    16  AID AND INCENTIVES FOR MUNICIPALITIES ....................... 11,138,869
    17                                                            --------------
 
    18    General Fund
    19    Local Assistance Account - 10000
 
    20  For payment to local governments as of April
    21    1, 2026 under the aid and  incentives  for
    22    municipalities program pursuant to section
    23    54  of the state finance law in accordance
    24    with the following:
    25  For base  level  grants  to  municipalities;
    26    notwithstanding any other provision of law
    27    to  the contrary, in the state fiscal year
    28    commencing April  1,  2026,  each  munici-
    29    pality shall receive a base level grant in
    30    an  amount  equal  to the base level grant
    31    that such  municipality  received  in  the
    32    state fiscal year commencing April 1, 2025
    33    pursuant  to paragraph b of subdivision 10
    34    of section 54 of  the  state  finance  law
    35    (80511) ..................................... 11,138,869
    36                                              --------------
 
    37    §  14.  No expenditure may be made from any appropriation in this act,
    38  until a certificate of approval has been issued by the director  of  the
    39  budget  and  a  copy  of such certificate shall have been filed with the
    40  state comptroller, the chairman of the senate finance committee and  the
    41  chairman  of  the  assembly  ways and means committee provided, however,
    42  that any expenditures from any appropriation in this  act  made  by  the
    43  legislature or judiciary shall not require such certificate.
 
    44    §  15.  All  expenditures and disbursements made against the appropri-
    45  ations in this act shall, upon final action by the legislature on appro-
    46  priation bills submitted by the governor pursuant to article VII of  the
    47  state  constitution  for  the support of government for the state fiscal

        S. 10221                           46
 
     1  year beginning April 1, 2026,  be  transferred  by  the  comptroller  as
     2  expenditures  and  disbursements  to  such  appropriations for all state
     3  departments and agencies, as applicable, in amounts equal to the amounts
     4  charged against the appropriations in this act for each such department,
     5  agency, and the legislature and the judiciary.
 
     6    §  16. Severability clause. If any clause, sentence, paragraph, subdi-
     7  vision, section or part of this act shall be adjudged by  any  court  of
     8  competent  jurisdiction  to  be invalid, such judgment shall not affect,
     9  impair, or invalidate the remainder thereof, but shall  be  confined  in
    10  its  operation  to the clause, sentence, paragraph, subdivision, section
    11  or part thereof directly involved in the controversy in which such judg-
    12  ment shall have been rendered. It is hereby declared to be the intent of
    13  the legislature that this act would  have  been  enacted  even  if  such
    14  invalid provisions had not been included herein.
 
    15    §  17.  This  act shall take effect immediately and shall be deemed to
    16  have been in full force and effect on and after April 1, 2026; provided,
    17  however, that upon the transfer of expenditures and disbursements by the
    18  comptroller as provided in section fifteen of this  act,  the  appropri-
    19  ations  made  by  this  act  and subject to such section shall be deemed
    20  repealed.
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