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S10262 Summary:

BILL NOS10262
 
SAME ASSAME AS A11295
 
SPONSORSERRANO
 
COSPNSR
 
MLTSPNSR
 
Amd §§2 - 8, Chap 98 of 2026; amd §§4, 5, 8 & 9, Chap 102 of 2026; amd §5, Chap 100 of 2026
 
Provides for emergency appropriation through May 14, 2026 for the support of government.
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S10262 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10262
 
                    IN SENATE
 
                                      May 11, 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  111
    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.
                                                                   LBD12040-01-6

        S. 10262                            2
 
     1    payrolls scheduled to be paid  during  the
     2    period  April  1 through May [11] 14, 2026
     3    to state officers  and  employees  of  the
     4    executive  branch, including the governor,
     5    lieutenant  governor,   comptroller,   and
     6    attorney  general, and to employees of the
     7    legislature.   This   appropriation   also
     8    includes  payments  for services performed
     9    by mentally ill or  developmentally  disa-
    10    bled persons who are employed in state-op-
    11    erated special employment, work-for-pay or
    12    sheltered workshop programs ..............
    13    .......................... [1,799,296,469] 2,053,493,041
    14                               --------------
 
    15    §  3.  Section 3 of chapter 98 of the laws of 2026, relating to making
    16  appropriations for the support of government, as amended by chapter  111
    17  of the laws of 2026, is amended to read as follows:
    18    § 3. The amount specified in this section, or so much thereof as shall
    19  be  sufficient to accomplish the purpose designated, is hereby appropri-
    20  ated and authorized to be paid as hereinafter provided,  to  the  public
    21  officers  and for the purpose specified, which amount shall be available
    22  for the state fiscal year beginning April 1, 2026.
 
    23                     ALL STATE DEPARTMENTS AND AGENCIES
 
    24  For the  payment  of  state  operations  non
    25    personal service liabilities to the execu-
    26    tive  branch,  including  the comptroller,
    27    and the attorney general, and legislature,
    28    incurred in the ordinary course  of  busi-
    29    ness,  during  the  period April 1 through
    30    May [11] 14, 2026,  pursuant  to  existing
    31    state  law  and for purposes for which the
    32    legislature authorized the expenditure  of
    33    moneys  during  the 2025-2026 state fiscal
    34    year;  provided,  however,  that   nothing
    35    contained  herein shall be deemed to limit
    36    or restrict  the  power  or  authority  of
    37    state  departments  or agencies to conduct
    38    their activities or operations in  accord-
    39    ance   with   existing  law,  and  further
    40    provided  that  nothing  contained  herein
    41    shall  be  deemed to supersede, nullify or
    42    modify the provisions of section 40 of the
    43    state finance law prescribing when  appro-
    44    priations  made  for  the  2025-2026 state
    45    fiscal year  shall  have  ceased  to  have
    46    force and effect ............. [56,000,000]   66,000,000
    47                                --------------
 
    48    §  4. Section 4 of chapter 102 of the laws of 2026, relating to making
    49  appropriations for the support of government, as amended by chapter  111
    50  of the laws of 2026, is amended to read as follows:
    51    §  4.  The  amounts  specified  in this section, or so much thereof as
    52  shall be sufficient to accomplish the  purposes  designated,  is  hereby

        S. 10262                            3
 
     1  appropriated  and  authorized to be paid as hereinafter provided, to the
     2  respective public officers and for the purposes specified, which  amount
     3  shall be available for the state fiscal year beginning April 1, 2026.
 
     4            MISCELLANEOUS - - ALL STATE DEPARTMENTS AND AGENCIES

     5  The    sum    of    ten    million   dollars
     6    ($10,000,000), or so much thereof as shall
     7    be sufficient to  accomplish  the  purpose
     8    designated,  is  hereby  appropriated  for
     9    contracts and grants approved for purposes
    10    for which the legislature  authorized  the
    11    expenditures of money during the 2025-2026
    12    fiscal  year.  An amount up to ten million
    13    dollars ($10,000,000) shall  be  available
    14    for   the   payment  of  capital  projects
    15    liabilities  incurred  during  the  period
    16    from April 1 through May [11] 14, 2026 for
    17    contracts  and  grants  approved  prior to
    18    April 1,  2026,  provided,  however,  that
    19    nothing  contained  herein shall be deemed
    20    to limit or restrict the power or authori-
    21    ty of state  departments  or  agencies  to
    22    conduct  their activities or operations in
    23    accordance with existing law, and  further
    24    provided  that  nothing  contained  herein
    25    shall be deemed to supersede, nullify,  or
    26    modify the provisions of section 40 of the
    27    state  finance law prescribing when appro-
    28    priations made for  the  2025-2026  fiscal
    29    year  shall  have ceased to have force and
    30    effect ...................................... 10,000,000
    31                                              --------------
 
    32    § 5. Section 5 of chapter 102 of the laws of 2026, relating to  making
    33  appropriations  for the support of government, as amended by chapter 111
    34  of the laws of 2026, is amended to read as follows:
    35    § 5.  The amounts specified in this section, or  so  much  thereof  as
    36  shall  be  sufficient  to  accomplish the purposes designated, is hereby
    37  appropriated and authorized to be paid as hereinafter provided,  to  the
    38  respective  public officers and for the purposes specified, which amount
    39  shall be available for the state fiscal year beginning April 1, 2026.
 
    40            MISCELLANEOUS - - ALL STATE DEPARTMENTS AND AGENCIES
 
    41  The   sum   of   twenty   million    dollars
    42    ($20,000,000), or so much thereof as shall
    43    be  sufficient  to  accomplish the purpose
    44    designated,  is  hereby  appropriated  for
    45    contracts and grants approved for purposes
    46    for  which  the legislature authorized the
    47    expenditures of money during the 2025-2026
    48    fiscal  year.  An  amount  up  to   twenty
    49    million  dollars  ($20,000,000)  shall  be
    50    available  for  the  payment  of   capital
    51    projects  liabilities  incurred during the

        S. 10262                            4
 
     1    period from April 1 through May  [11]  14,
     2    2026  for  contracts  and  grants approved
     3    after April 1,  2026,  provided,  however,
     4    that  nothing  contained  herein  shall be
     5    deemed to limit or restrict the  power  or
     6    authority of state departments or agencies
     7    to  conduct their activities or operations
     8    in  accordance  with  existing  law,   and
     9    further  provided  that  nothing contained
    10    herein  shall  be  deemed  to   supersede,
    11    nullify,   or  modify  the  provisions  of
    12    section  40  of  the  state  finance   law
    13    prescribing  when  appropriations made for
    14    the  2025-2026  fiscal  year  shall   have
    15    ceased to have force and effect ............  20,000,000
    16                                              --------------
 
    17    §  6.  Section 4 of chapter 98 of the laws of 2026, relating to making
    18  appropriations for the support of government, as amended by chapter  111
    19  of the laws of 2026, is amended to read as follows:
    20    §  4.  The  amounts  specified  in this section, or so much thereof as
    21  shall be sufficient to accomplish the  purposes  designated,  is  hereby
    22  appropriated  and  authorized to be paid as hereinafter provided, to the
    23  public officers and for the purposes specified, which  amount  shall  be
    24  available for the state fiscal year beginning April 1, 2026.
 
    25             MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES
 
    26                            GENERAL STATE CHARGES
 
    27                              STATE OPERATIONS
 
    28  GENERAL STATE CHARGES ....................... [814,763,000]  836,942,500
    29                                              --------------
 
    30    General Fund
    31    State Purposes Account - 10050
 
    32  For  employee  fringe  benefits according to
    33    the following project  schedule  including
    34    those   benefits   which  are  related  to
    35    employees paid from  funds,  accounts,  or
    36    programs  where the division of the budget
    37    has issued waivers (85022) .. [799,145,000]  821,324,500
 
    38                Project Schedule
    39  PROJECT                               AMOUNT
    40  --------------------------------------------
    41  For the  state's  contribution
    42    to the health insurance fund
    43    and deposit into the retiree
    44    health  benefit  trust  fund
    45    pursuant to section 99-aa of
    46    the state finance  law.  The
    47    state's  share of the health
    48    insurance program  dividends

        S. 10262                            5
 
     1    shall  be  available  to pay
     2    for the premiums in 2026-27 .. 514,422,000
     3  For  the  state's contribution
     4    to   the   social   security
     5    contribution fund ..........
     6    ............... [171,000,000]  192,500,000
     7  For   payments  to  the  state
     8    insurance fund for  workers'
     9    compensation   benefits  and
    10    other    related    workers'
    11    compensation  costs prior to
    12    or   after    they    become
    13    incurred  including  but not
    14    limited  to   the   benefits
    15    defined  in chapters 302 and
    16    303 of the laws of 1985 ....... 55,000,000
    17  For the  state's  contribution
    18    to   employee  benefit  fund
    19    programs ...................... 40,500,000
    20  For the  state's  contribution
    21    to the dental insurance plan ... 7,415,000
    22  For  the payment of the metro-
    23    politan commuter transporta-
    24    tion mobility  tax  pursuant
    25    to  article  23  of  the tax
    26    law, as added by chapter  25
    27    of  the  laws  of  2009,  on
    28    behalf of the state  employ-
    29    ees  employed  in the metro-
    30    politan commuter transporta-
    31    tion district ... [7,005,000]    7,680,000
    32  For  the  state's   share   of
    33    contributions  to the volun-
    34    tary  defined   contribution
    35    plan   made   on  behalf  of
    36    eligible employees  pursuant
    37    to  chapter  18  of the laws
    38    of 2012 who elect to partic-
    39    ipate in such plan  and  who
    40    are   not  otherwise  eligi-
    41    ble to  participate  in  the
    42    SUNY   optional   retirement
    43    program ......... [1,059,000]    1,063,500
    44  For reimbursement to the unem-
    45    ployment  insurance fund for
    46    payments made  to  claimants
    47    formerly employed   by   the
    48    state of New York .............. 2,000,000
    49  For  the  state's contribution
    50    to the vision care plan .......... 744,000
    51                                --------------
    52      Project schedule total ...
    53        ........... [799,145,000]  821,324,500
    54                  --------------

        S. 10262                            6
 
     1  For payments in accordance with section 19-a
     2    of the public lands law (80567) .............. 7,720,000
     3  For the payment in-lieu of taxes to the city
     4    of  Albany  for  certain  state-owned land
     5    pursuant to section  19-a  of  the  public
     6    lands law. Provided however, notwithstand-
     7    ing  paragraph  (4)  of subdivision 2-a of
     8    section 19-a of the public lands law, such
     9    funds may be paid prior to October 1, 2026
    10    (80567) ...................................... 7,720,000
    11  For payment of claims for damage to personal
    12    or real property or for bodily injuries or
    13    wrongful death caused by officers, employ-
    14    ees, or other authorized persons providing
    15    service to state government while  provid-
    16    ing such service, and the state university
    17    construction  fund while acting within the
    18    scope of their employment, and while oper-
    19    ating motor vehicles, and for any individ-
    20    uals operating motor  vehicles  which  are
    21    assigned  on  a permanent basis with unre-
    22    stricted use to state officers and employ-
    23    ees  when  the   person   is   permanently
    24    assigned the motor vehicle (80559) ............. 178,000
    25                                              --------------
 
    26    §  7. Section 5 of chapter 100 of the laws of 2026, relating to making
    27  appropriations for the support of government, as amended by chapter  111
    28  of the laws of 2026, is amended to read as follows:
    29    §  5.  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                                  JUDICIARY
 
    35  For  the  purpose  of  making  payments  for
    36    personal  service,  including  liabilities
    37    incurred  prior  to  April 1, 2026, on the
    38    payrolls scheduled to be paid  during  the
    39    period  April  1 through May [11] 14, 2026
    40    to officers and employees of the judiciary
    41    ............................................ 269,000,000
    42  For the payment of state operations  nonper-
    43    sonal  service  liabilities,  the  sum  of
    44    thirty-six million dollars  ($36,000,000),
    45    or  so much thereof as shall be sufficient
    46    to accomplish the purpose  designated,  is
    47    hereby  appropriated  to the judiciary out
    48    of any moneys in the general fund or other
    49    funds to the credit of the state  purposes
    50    account  not  otherwise  appropriated. The
    51    comptroller  is  hereby   authorized   and
    52    directed to utilize this appropriation for

        S. 10262                            7
 
     1    the purpose of making payments for nonper-
     2    sonal  service liabilities incurred by the
     3    judiciary  from  April  1 through May [11]
     4    14, 2026 .................................... 36,000,000
     5  For the payment of aid to localities liabil-
     6    ities,  the  sum  of  twenty-two   million
     7    dollars  ($22,000,000), or so much thereof
     8    as shall be sufficient to  accomplish  the
     9    purpose designated, is hereby appropriated
    10    to  the judiciary out of any moneys in the
    11    general fund or other funds to the  credit
    12    of  the  state purposes account not other-
    13    wise  appropriated.  The  comptroller   is
    14    hereby  authorized and directed to utilize
    15    this  appropriation  for  the  purpose  of
    16    making  payments  for  aid  to  localities
    17    liabilities incurred by the judiciary from
    18    April 1 through May [11] 14, 2026 ........... 22,000,000
    19  For the payment of employee  fringe  benefit
    20    programs  including,  but  not limited to,
    21    the  judiciary's  contributions   to   the
    22    health   insurance  fund,  the  employees'
    23    retirement  system  pension   accumulation
    24    fund,  the  social  security  contribution
    25    fund, employee benefit fund programs,  the
    26    dental  insurance  plan,  the  vision care
    27    plan, the unemployment insurance fund, and
    28    for workers'  compensation  benefits,  the
    29    sum  of  one hundred fifteen million seven
    30    hundred     fifty     thousand     dollars
    31    ($115,750,000),  or  so  much  thereof  as
    32    shall  be  sufficient  to  accomplish  the
    33    purpose designated, is hereby appropriated
    34    to  the judiciary out of any moneys in the
    35    general fund or other funds to the  credit
    36    of  the  state purposes account not other-
    37    wise  appropriated.  The  comptroller   is
    38    hereby  authorized and directed to utilize
    39    this  appropriation  for  the  purpose  of
    40    making  payments for employee fringe bene-
    41    fit liabilities incurred by the  judiciary
    42    from April 1 through May [11] 14, 2026 ..... 115,750,000
    43                                              --------------
 
    44    §  8. Section 8 of chapter 102 of the laws of 2026, relating to making
    45  appropriations for the support of government,  is  amended  to  read  as
    46  follows:
    47    §  8.  The  amounts  specified  in this section, or so much thereof as
    48  shall be sufficient to accomplish the  purposes  designated,  is  hereby
    49  appropriated  and  authorized to be paid as hereinafter provided, to the
    50  public officers and for the purposes specified, which  amount  shall  be
    51  available for the state fiscal year beginning April 1, 2026.
 
    52                   OFFICE OF CHILDREN AND FAMILY SERIVCES
 
    53                              AID TO LOCALITIES

        S. 10262                            8
 
     1  ADOPTION SUBSIDY ASSISTANCE PROGRAM .......... [20,340,000]   40,680,000
     2                                              --------------
 
     3    General Fund
     4    Local Assistance Account - 10000
 
     5  For  services  and expenses for the adoption
     6    subsidy program pursuant  to  title  9  of
     7    article  6  of  the  social  services law.
     8    Notwithstanding any inconsistent provision
     9    of law, the  liability  of  the  state  to
    10    social  services  districts and the amount
    11    to be distributed or otherwise expended by
    12    the state  to  reimburse  social  services
    13    districts  pursuant  to section 456 of the
    14    social services law shall be 62 percent of
    15    eligible social services district expendi-
    16    tures.
    17  The amount  hereby  appropriated  is  to  be
    18    available  for  payment  of aid heretofore
    19    accrued or hereafter to accrue to  munici-
    20    palities.  Subject  to the approval of the
    21    director of the budget, such  funds  shall
    22    be  available  to the office net of disal-
    23    lowances,  refunds,  reimbursements,   and
    24    credits.
    25  Notwithstanding  any  inconsistent provision
    26    of law, the amount herein appropriated may
    27    be transferred to any other  appropriation
    28    within  the  office of children and family
    29    services and/or the  office  of  temporary
    30    and  disability assistance and/or suballo-
    31    cated to the office of temporary and disa-
    32    bility  assistance  for  the  purpose   of
    33    paying  local  social  services districts'
    34    costs of the  above  program  and  may  be
    35    increased or decreased by interchange with
    36    any  other appropriation or with any other
    37    item or items within the amounts appropri-
    38    ated within the  office  of  children  and
    39    family   services  general  fund  -  local
    40    assistance account with  the  approval  of
    41    the  director of the budget who shall file
    42    such approval with the department of audit
    43    and control and copies  thereof  with  the
    44    chairman  of  the senate finance committee
    45    and the chairman of the assembly ways  and
    46    means committee.
    47  Notwithstanding  any  inconsistent provision
    48    of law, in lieu of payments authorized  by
    49    the  social  services  law, or payments of
    50    federal funds otherwise due to  the  local
    51    social  services  districts  for  programs
    52    provided under the federal social security
    53    act or the federal food stamp  act,  funds
    54    herein  appropriated, in amounts certified

        S. 10262                            9
 
     1    by the state  commissioner  or  the  state
     2    commissioner  of  health as due from local
     3    social services districts  each  month  as
     4    their  share  of payments made pursuant to
     5    section 367-b of the social  services  law
     6    may  be set aside by the state comptroller
     7    in an interest-bearing account  with  such
     8    interest  accruing  to  the  credit of the
     9    locality in order to  ensure  the  orderly
    10    and  prompt  payment  of  providers  under
    11    section 367-b of the social  services  law
    12    pursuant  to  an  estimate provided by the
    13    commissioner  of  health  of  each   local
    14    social   services   district's   share  of
    15    payments made pursuant to section 367-b of
    16    the social services law.
    17  The amounts  appropriated  herein  shall  be
    18    available   for   reimbursement  of  local
    19    district claims only to  the  extent  that
    20    such  claims  are submitted within twenty-
    21    four months of the last day of  the  state
    22    fiscal year in which the expenditures were
    23    incurred,  unless waived for good cause by
    24    the commissioner subject to  the  approval
    25    of the director of the budget.
    26  Notwithstanding  any  inconsistent provision
    27    of law including, but not limited to,  any
    28    chapter of the laws of 2026 which enacts a
    29    targeted  inflationary  increase  for  the
    30    state fiscal year beginning  on  April  1,
    31    2026,  the  commissioner shall continue to
    32    apply any targeted  inflationary  increase
    33    in effect on March 31, 2026 for the entire
    34    rate  year  that  began  when such cost of
    35    living adjustment increase was in effect.
    36  Notwithstanding any other provision  of  law
    37    to  the contrary, amounts due and owing to
    38    a  social  services  district  under  this
    39    appropriation,  may  be reduced up to such
    40    amounts due and owing to the  state  under
    41    section 529 of the executive law (13917) .
    42    .............................. [20,340,000]   40,680,000
    43                                --------------
 
    44    §  9. Section 9 of chapter 102 of the laws of 2026, relating to making
    45  appropriations for the support of government,  is  amended  to  read  as
    46  follows:
    47    §  9.  The  amounts  specified  in this section, or so much thereof as
    48  shall be sufficient to accomplish the  purposes  designated,  is  hereby
    49  appropriated  and  authorized to be paid as hereinafter provided, to the
    50  public officers and for the purposes specified, which  amount  shall  be
    51  available for the state fiscal year beginning April 1, 2026.
 
    52                OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE
 
    53                              AID TO LOCALITIES

        S. 10262                           10

     1  EMPLOYMENT AND INCOME SUPPORT PROGRAM ....... [262,533,000]  525,066,000
     2                                              --------------
 
     3    General Fund
     4    Local Assistance Account - 10000
 
     5  For  state  reimbursement  of the safety net
     6    assistance program as established pursuant
     7    to chapter 436 of the laws of 1997.
     8  Notwithstanding section 153  of  the  social
     9    services  law  or  any  other inconsistent
    10    provision of law, funds appropriated here-
    11    in shall reimburse 29  percent  of  safety
    12    net assistance expenditures, including the
    13    cost  of providing shelter supplements for
    14    safety net assistance households at  local
    15    option,   including   eligible  households
    16    containing a household member who has been
    17    released from prison, in order to  prevent
    18    eviction   and   address  homelessness  in
    19    accordance with social  services  district
    20    plans  approved by the office of temporary
    21    and disability assistance and the director
    22    of the budget, provided, however, that  in
    23    social  services  districts  with  a popu-
    24    lation  over  five  million   no   shelter
    25    supplements  other  than  the family home-
    26    lessness and eviction  prevention  supple-
    27    ment shall be reimbursed, provided however
    28    funds  appropriated  herein  shall only be
    29    used to reimburse rental costs up  to  the
    30    maximum rent levels in place as of January
    31    1, 2021, then adjusted consistent with the
    32    annual  year-over-year  percentage changes
    33    in fair market rent, provided, however, in
    34    the event of a  decrease  in  fair  market
    35    rent  the value of the maximum rent levels
    36    reimbursed with funds appropriated  herein
    37    shall not decrease and shall be set at the
    38    maximum rent levels established during the
    39    prior year, and further provided that such
    40    supplements shall not be part of the stan-
    41    dard  of need pursuant to section 131-a of
    42    the social services law.  Funds  appropri-
    43    ated   herein   shall  also  reimburse  29
    44    percent of safety net assistance  expendi-
    45    tures, in social services districts with a
    46    population over five million, for emergen-
    47    cy  shelter,  transportation, or nutrition
    48    payments which the district determines are
    49    necessary to establish or  maintain  inde-
    50    pendent  living arrangements among persons
    51    living  with   medically   diagnosed   HIV
    52    infection as defined by the AIDS institute
    53    of  the state department of health and who
    54    are homeless or  facing  homelessness  and

        S. 10262                           11
 
     1    for  whom no viable and less costly alter-
     2    native to housing is available;  provided,
     3    however,  that  funds  appropriated herein
     4    may  only be used for such purposes if the
     5    cost of such allowances are  not  eligible
     6    for reimbursement under medical assistance
     7    or other programs.
     8  Funds appropriated herein shall reimburse 29
     9    percent  of safety net assistance expendi-
    10    tures, in social services districts with a
    11    population of five million or  fewer,  for
    12    emergency  shelter payments promulgated by
    13    the office  of  temporary  and  disability
    14    assistance  which  the district determines
    15    are necessary  to  establish  or  maintain
    16    independent   living   arrangements  among
    17    persons living  with  medically  diagnosed
    18    HIV  infection  as  defined  by  the  AIDS
    19    institute  of  the  state  department   of
    20    health  and  who  are  homeless  or facing
    21    homelessness and for whom  no  viable  and
    22    less  costly  alternative  to  housing  is
    23    available; provided, however,  that  funds
    24    appropriated  herein  may only be used for
    25    such purposes if the cost of  such  allow-
    26    ances  are  not eligible for reimbursement
    27    under   medical   assistance   or    other
    28    programs.
    29  Funds appropriated herein shall reimburse 29
    30    percent  of safety net assistance expendi-
    31    tures, in social services districts with a
    32    population of five million or  fewer,  for
    33    emergency  shelter  payments  in excess of
    34    those promulgated by the office of  tempo-
    35    rary  and  disability  assistance  but not
    36    exceeding an amount reasonably approximate
    37    to 100 percent of  fair  market  rent,  at
    38    local option which the district determines
    39    are  necessary  to  establish  or maintain
    40    independent  living   arrangements   among
    41    persons  living  with  medically diagnosed
    42    HIV  infection  as  defined  by  the  AIDS
    43    institute   of  the  state  department  of
    44    health and  who  are  homeless  or  facing
    45    homelessness  and  for  whom no viable and
    46    less  costly  alternative  to  housing  is
    47    available;  provided,  however, that funds
    48    appropriated herein may only be  used  for
    49    such  purposes  if the cost of such allow-
    50    ances are not eligible  for  reimbursement
    51    under    medical   assistance   or   other
    52    programs. Such emergency shelter  payments
    53    shall  only be made at local option and in
    54    accordance with a  plan  approved  by  the
    55    office of temporary and disability assist-
    56    ance  and  the  director  of  the  budget.

        S. 10262                           12
 
     1    Provided, however, notwithstanding section
     2    153 of the  social  services  law  or  any
     3    other  inconsistent  provision  of law, if
     4    necessary  funding,  as  determined by the
     5    director of the budget, is  secured  in  a
     6    social  services district from the medical
     7    assistance program by reducing the capita-
     8    tion rates paid to medicaid  managed  care
     9    organizations  by  the  amount  of savings
    10    resulting from stably housing  individuals
    11    living   with   medically   diagnosed  HIV
    12    infection as defined by the AIDS institute
    13    of the state  department  of  health,  the
    14    social  services  district shall make such
    15    emergency shelter payments  in  excess  of
    16    those  promulgated by the office of tempo-
    17    rary and  disability  assistance  but  not
    18    exceeding an amount reasonably approximate
    19    to  100  percent  of fair market rent, and
    20    the savings shall be used to reimburse 100
    21    percent of the cost of such  excess  emer-
    22    gency  shelter  payments  for  cases reim-
    23    bursed under the safety net assistance  or
    24    family   assistance   programs  in  social
    25    services districts with  a  population  of
    26    five  million or fewer, in accordance with
    27    a plan approved by the office of temporary
    28    and disability assistance and the director
    29    of  the  budget;  provided  further   that
    30    reimbursement  shall  be provided to medi-
    31    caid managed  care  organizations  through
    32    adjustments  to  capitation  rates  should
    33    actual gross savings not  be  realized  as
    34    determined by the director of the budget.
    35  For  persons living with medically diagnosed
    36    HIV  infection  as  defined  by  the  AIDS
    37    institute   of  the  state  department  of
    38    health living in social services districts
    39    with a population over  five  million  who
    40    are  receiving  public  assistance,  funds
    41    appropriated herein shall be used to reim-
    42    burse 29 percent of the additional  rental
    43    costs  determined  based  on limiting such
    44    person's  earned  and/or  unearned  income
    45    contribution to 30 percent.
    46  For  persons living with medically diagnosed
    47    HIV  infection  as  defined  by  the  AIDS
    48    institute   of  the  state  department  of
    49    health living in social services districts
    50    with a population of five million or fewer
    51    who are receiving public assistance, funds
    52    appropriated herein may be used  to  reim-
    53    burse  up to 100 percent of the additional
    54    rental costs determined based on  limiting
    55    such   person's   earned  and/or  unearned
    56    income contribution to  30  percent.  Such

        S. 10262                           13
 
     1    payments  of additional rental costs shall
     2    only  be  made  at  local  option  and  in
     3    accordance  with  a  plan  approved by the
     4    office of temporary and disability assist-
     5    ance  and  the  director  of  the  budget.
     6    Provided, however, notwithstanding section
     7    153 of the  social  services  law  or  any
     8    other  inconsistent  provision  of law, if
     9    necessary funding, as  determined  by  the
    10    director  of  the  budget, is secured in a
    11    social services district from the  medical
    12    assistance program by reducing the capita-
    13    tion  rates  paid to medicaid managed care
    14    organizations by  the  amount  of  savings
    15    resulting  from stably housing individuals
    16    living  with   medically   diagnosed   HIV
    17    infection as defined by the AIDS institute
    18    of  the  state  department  of health, the
    19    social services district shall  make  such
    20    payments  of  additional rental costs, for
    21    cases  reimbursed  under  the  safety  net
    22    assistance  and family assistance program,
    23    and the savings shall be used to reimburse
    24    100 percent of the cost of the  additional
    25    rental  costs determined based on limiting
    26    such  person's  earned   and/or   unearned
    27    income   contribution  to  30  percent  in
    28    social services  districts  with  a  popu-
    29    lation   of  five  million  or  fewer,  in
    30    accordance with a  plan  approved  by  the
    31    office of temporary and disability assist-
    32    ance  and  the  director  of  the  budget;
    33    provided further that reimbursement  shall
    34    be   provided  to  medicaid  managed  care
    35    organizations through adjustments to capi-
    36    tation rates should actual  gross  savings
    37    not  be  realized  as  determined  by  the
    38    director of the budget.
    39  Amounts appropriated herein may be  used  to
    40    enter into contracts with persons or enti-
    41    ties  authorized  pursuant  to subdivision
    42    (j) of section 17 of the  social  services
    43    law   consistent   with  federal  law  and
    44    requirements.  Such  contracts   will   be
    45    consistent with subdivision (j) of section
    46    17  of  the social services law.  Notwith-
    47    standing  section  153   of   the   social
    48    services  law  or  any  other inconsistent
    49    provision of law, the  office  may  reduce
    50    reimbursement  otherwise payable to social
    51    services districts to recover  29  percent
    52    of   costs  incurred  by  the  office  for
    53    expenditures related to subdivision (j) of
    54    section 17 of the social services law.
    55  Such funds are to be available  for  payment
    56    of  aid heretofore accrued or hereafter to

        S. 10262                           14
 
     1    accrue to municipalities. Subject  to  the
     2    approval  of  the  director of the budget,
     3    such  funds  shall  be  available  to  the
     4    office of temporary and disability assist-
     5    ance   net   of   disallowances,  refunds,
     6    reimbursements,  and  credits,   including
     7    those  related to title IV-E of the social
     8    security  act;  and  including,  but   not
     9    limited   to,   additional  federal  funds
    10    resulting from any changes in federal cost
    11    allocation methodologies.
    12  Notwithstanding any  inconsistent  provision
    13    of law, the amount herein appropriated may
    14    be  increased  or decreased by interchange
    15    with any other  appropriation  within  the
    16    office of temporary and disability assist-
    17    ance   general  fund  -  local  assistance
    18    account with the approval of the  director
    19    of   the   budget,  who  shall  file  such
    20    approval with the department of audit  and
    21    control and copies thereof with the chair-
    22    man  of  the  senate finance committee and
    23    the chairman  of  the  assembly  ways  and
    24    means committee.
    25  Social  services districts shall be required
    26    to report to the office of  temporary  and
    27    disability  assistance on an annual basis,
    28    information, as determined  and  requested
    29    by  the  office,  related  to services and
    30    expenditures for  which  reimbursement  is
    31    sought  for  providing  temporary  housing
    32    assistance  to  homeless  individuals  and
    33    families.   Such   information   shall  be
    34    submitted  electronically  to  the  extent
    35    feasible  as determined by the office, and
    36    shall be used to evaluate expenditures  by
    37    such  social  services  districts  for the
    38    provision of temporary housing  assistance
    39    for homeless individuals and families.
    40  Notwithstanding  section  153  of the social
    41    services law, or  any  other  inconsistent
    42    provision  of law, the office of temporary
    43    and disability assistance may withhold  or
    44    deny  reimbursement,  in whole or in part,
    45    to any social services district that fails
    46    to develop or submit a  homeless  services
    47    plan subject to the approval of the office
    48    of  temporary  and  disability assistance,
    49    fails to  provide  homeless  services  and
    50    outreach  in  accordance with its approved
    51    homeless services plan, or fails to devel-
    52    op or  submit  homeless  services  outcome
    53    reports,  consistent  with  those require-
    54    ments promulgated by the office of  tempo-
    55    rary and disability assistance.

        S. 10262                           15
 
     1  Notwithstanding  section  153  of the social
     2    services law, or  any  other  inconsistent
     3    provision of law, such appropriation shall
     4    be available for reimbursement of eligible
     5    costs incurred on or after January 1, 2026
     6    and  before  January  1,  2027,  that  are
     7    otherwise reimbursable by the state on  or
     8    after  April  1, 2026, that are claimed by
     9    March 1, 2027.  Such  reimbursement  shall
    10    constitute  total  state reimbursement for
    11    activities funded herein in  state  fiscal
    12    year 2026-2027 (52203) ....... [79,200,000]  158,400,000
    13  For   expenditures   for   additional  state
    14    payments for  eligible  aged,  blind,  and
    15    disabled  persons  related to supplemental
    16    security income and for expenditures  made
    17    pursuant  to  title  8 of article 5 of the
    18    social services law. Such funds are avail-
    19    able for payment of aid heretofore accrued
    20    or hereafter  to  accrue.  Notwithstanding
    21    any  inconsistent  provision  of  law, the
    22    amount   herein   appropriated   may    be
    23    increased or decreased by interchange with
    24    any  other appropriation within the office
    25    of  temporary  and  disability  assistance
    26    general  fund  -  local assistance account
    27    with the approval of the director  of  the
    28    budget,  who shall file such approval with
    29    the department of audit  and  control  and
    30    copies  thereof  with  the chairman of the
    31    senate finance committee and the  chairman
    32    of  the  assembly ways and means committee
    33    (52311) ...................... [58,333,000]  116,666,000
    34                                --------------
 
    35    Special Revenue Funds - Federal
    36    Federal Health and Human Services Fund
    37    Temporary Assistance for Needy Families Account - 25178
 
    38  For reimbursement of the cost of the  family
    39    assistance and the emergency assistance to
    40    families programs. Notwithstanding section
    41    153  of  the  social  services  law or any
    42    inconsistent  provision  of   law,   funds
    43    appropriated   herein  shall  be  provided
    44    without  state  or   local   participation
    45    except  that for social services districts
    46    with a population of five million or more,
    47    reimbursement will be eighty-five percent.
    48    Funds  appropriated  herein   shall   also
    49    include  the  cost  of  providing  shelter
    50    supplements for family  assistance  house-
    51    holds  at local option, including eligible
    52    households containing a  household  member
    53    who  has  been  released  from  prison, in
    54    order  to  prevent  eviction  and  address

        S. 10262                           16
 
     1    homelessness  in  accordance  with  social
     2    services district plans  approved  by  the
     3    office of temporary and disability assist-
     4    ance  and  the  director  of  the  budget,
     5    provided, however, that in social services
     6    districts  with  a  population  over  five
     7    million  no shelter supplements other than
     8    the  family  homelessness   and   eviction
     9    prevention supplement shall be reimbursed,
    10    provided however funds appropriated herein
    11    shall  only  be  used  to reimburse rental
    12    costs up to the  maximum  rent  levels  in
    13    place as of January 1, 2021, then adjusted
    14    consistent  with the annual year-over-year
    15    percentage changes in  fair  market  rent,
    16    provided,  however,  in  the  event  of  a
    17    decrease in fair market rent the value  of
    18    the  maximum  rent  levels reimbursed with
    19    funds  appropriated   herein   shall   not
    20    decrease  and  shall be set at the maximum
    21    rent levels established during  the  prior
    22    year,   and  further  provided  that  such
    23    supplements shall not be part of the stan-
    24    dard of need pursuant to section 131-a  of
    25    the social services law.
    26  Funds  appropriated  herein shall also reim-
    27    burse for family  assistance  expenditures
    28    for  emergency shelter, transportation, or
    29    nutrition  payments  which  the   district
    30    determines  are  necessary to establish or
    31    maintain independent  living  arrangements
    32    among  persons living with medically diag-
    33    nosed HIV infection as defined by the AIDS
    34    institute  of  the  state  department   of
    35    health  and  who  are  homeless  or facing
    36    homelessness and for whom  no  viable  and
    37    less  costly  alternative  to  housing  is
    38    available; provided, however,  that  funds
    39    appropriated  herein  may only be used for
    40    such purposes if the cost of  such  allow-
    41    ances  are  not eligible for reimbursement
    42    under   medical   assistance   or    other
    43    programs.
    44  For  persons living with medically diagnosed
    45    HIV  infection  as  defined  by  the  AIDS
    46    institute   of  the  state  department  of
    47    health who are receiving public assistance
    48    funds appropriated  herein  shall  not  be
    49    used  to  reimburse  the additional rental
    50    costs determined based  on  limiting  such
    51    person's  earned  and/or  unearned  income
    52    contribution to 30 percent.
    53  Amounts appropriated herein may be  used  to
    54    enter into contracts with persons or enti-
    55    ties  authorized  pursuant  to subdivision
    56    (j) of section 17 of the  social  services

        S. 10262                           17
 
     1    law   consistent   with  federal  law  and
     2    requirements. Such contracts will be  made
     3    consistent with subdivision (j) of section
     4    17  of  the social services law.  Notwith-
     5    standing  section  153   of   the   social
     6    services  law  or  any  other inconsistent
     7    provision of law, the  office  may  reduce
     8    reimbursement  otherwise payable to social
     9    services districts to recover the  federal
    10    share  of costs incurred by the office for
    11    expenditures related to subdivision (j) of
    12    section 17 of the social services law.
    13  Such funds are to be available  for  payment
    14    of  aid heretofore accrued or hereafter to
    15    accrue to municipalities. Subject  to  the
    16    approval  of  the  director of the budget,
    17    such  funds  shall  be  available  to  the
    18    office of temporary and disability assist-
    19    ance   net   of   disallowances,  refunds,
    20    reimbursements, and credits including, but
    21    not limited to, additional  federal  funds
    22    resulting from any changes in federal cost
    23    allocation methodologies.
    24  Notwithstanding  any  inconsistent provision
    25    of law, the amount herein appropriated may
    26    be increased or decreased  by  interchange
    27    with  any  other  appropriation within the
    28    office of temporary and disability assist-
    29    ance  federal  fund  -  local   assistance
    30    account  with the approval of the director
    31    of  the  budget,  who  shall   file   such
    32    approval  with the department of audit and
    33    control and copies thereof with the chair-
    34    man of the senate  finance  committee  and
    35    the  chairman  of  the  assembly  ways and
    36    means committee.
    37  Social services districts shall be  required
    38    to  report  to the office of temporary and
    39    disability assistance on an annual  basis,
    40    information,  as  determined and requested
    41    by the office,  related  to  services  and
    42    expenditures  for  which  reimbursement is
    43    sought  for  providing  temporary  housing
    44    assistance  to  homeless  individuals  and
    45    families.  Such   information   shall   be
    46    submitted  electronically  to  the  extent
    47    feasible as determined by the office,  and
    48    shall  be used to evaluate expenditures by
    49    such social  services  districts  for  the
    50    provision  of temporary housing assistance
    51    for homeless individuals and families.
    52  Notwithstanding section 153  of  the  social
    53    services  law,  or  any other inconsistent
    54    provision of law, the office of  temporary
    55    and  disability assistance may withhold or
    56    deny reimbursement, in whole or  in  part,

        S. 10262                           18
 
     1    to any social services district that fails
     2    to  develop  or submit a homeless services
     3    plan subject to the approval of the office
     4    of  temporary  and  disability assistance,
     5    fails to  provide  homeless  services  and
     6    outreach  in  accordance with its approved
     7    homeless services plan, or fails to devel-
     8    op or  submit  homeless  services  outcome
     9    reports,  consistent  with  those require-
    10    ments promulgated by the office of  tempo-
    11    rary and disability assistance.
    12  Notwithstanding  section  153  of the social
    13    services law, or  any  other  inconsistent
    14    provision of law, such appropriation shall
    15    be available for reimbursement of eligible
    16    costs incurred on or after January 1, 2026
    17    and  before  January  1,  2027,  that  are
    18    otherwise reimbursable by the state on  or
    19    after  April  1, 2026, that are claimed by
    20    March 1, 2027.  Such  reimbursement  shall
    21    constitute total federal reimbursement for
    22    activities  funded  herein in state fiscal
    23    year 2026-27 (52203) ........ [125,000,000]  250,000,000
    24                                --------------
 
    25    § 10. Section 5 of chapter 98 of the laws of 2026, relating to  making
    26  appropriations  for the support of government, as amended by chapter 111
    27  of the laws of 2026, is amended to read as follows:
    28    § 5. The amounts specified in this section,  or  so  much  thereof  as
    29  shall  be  sufficient  to  accomplish the purposes designated, is hereby
    30  appropriated and authorized to be paid as hereinafter provided,  to  the
    31  public  officers  and  for the purposes specified, which amount shall be
    32  available for the state fiscal year beginning April 1, 2026.
 
    33                            DEPARTMENT OF HEALTH
 
    34                              AID TO LOCALITIES
 
    35  CENTER FOR COMMUNITY HEALTH PROGRAM .......... [53,932,000]   57,142,000
    36                                              --------------
 
    37    General Fund
    38    Local Assistance Account - 10000
 
    39  For services and  expenses  related  to  the
    40    Indian  health  program pursuant to a plan
    41    prepared by the commissioner of health and
    42    approved by the director  of  the  budget.
    43    The  moneys  hereby  appropriated shall be
    44    for payment of financial assistance  here-
    45    tofore  accrued  or  hereafter  to  accrue
    46    (26840) ..................................... 10,062,000
    47                                              --------------
 
    48    Special Revenue Funds - Federal
    49    Federal USDA-Food and Nutrition Services Fund

        S. 10262                           19
 
     1    Federal Food and Nutrition Services Account - 25022
 
     2  For  various  federal  food  and nutritional
     3    services. The moneys  hereby  appropriated
     4    shall  be  available for payment of finan-
     5    cial assistance heretofore accrued (26986)
     6    .............................. [43,870,000]   47,080,000
     7                                --------------
 
     8  CHILD HEALTH INSURANCE PROGRAM ............................. 212,950,000
     9                                                            --------------
 
    10    Special Revenue Funds - Other
    11    HCRA Resources Fund
    12    Children's Health Insurance Account - 20810
 
    13  The money hereby appropriated  is  available
    14    for  payment  of aid heretofore accrued or
    15    hereafter accrued.
    16  Notwithstanding any other provision of  law,
    17    the   money  hereby  appropriated  may  be
    18    increased  or  decreased  by  transfer  or
    19    suballocation  to  appropriations  of  the
    20    office of temporary and disability assist-
    21    ance,  for  the  reimbursement  of   local
    22    district  administrative  costs related to
    23    children newly enrolled in medicaid  whose
    24    household  income  is  between 100 percent
    25    and 133 percent  of  the  federal  poverty
    26    level.
    27  Notwithstanding  any provision of law to the
    28    contrary, the amounts appropriated  herein
    29    shall   be   net   of   refunds,  rebates,
    30    reimbursements,    credits,    repayments,
    31    and/or disallowances.
    32  For  services  and  expenses  related to the
    33    children's   health   insurance    program
    34    authorized  pursuant to title 1-A of arti-
    35    cle 25 of the public health law (26931) .... 212,950,000
    36                                              --------------
 
    37  ELDERLY PHARMACEUTICAL INSURANCE COVERAGE PROGRAM ............ 1,800,000
    38                                                            --------------
 
    39    Special Revenue Funds - Other
    40    HCRA Resources Fund
    41    EPIC Premium Account - 20818
 
    42  For services and expenses of the program for
    43    elderly pharmaceutical insurance coverage,
    44    including  reimbursement   to   pharmacies
    45    participating in such program.  The moneys
    46    hereby appropriated shall be available for
    47    payment of financial assistance heretofore
    48    accrued (26803) .............................. 1,800,000
    49                                              --------------

        S. 10262                           20
 
     1  ESSENTIAL PLAN PROGRAM ................................... 1,150,000,000
     2                                                            --------------
 
     3    Special Revenue Funds - Federal
     4    Federal Health and Human Services Fund
     5    Essential Plan Account - 25186
 
     6  For  services  and  expenses  related to the
     7    essential  plan  program,  in   accordance
     8    State Innovation Waiver provisions author-
     9    ized   by  Section  1332  of  the  federal
    10    patient  protection  and  affordable  care
    11    act.
    12  Notwithstanding  any  inconsistent provision
    13    of law, the moneys hereby appropriated may
    14    be increased or decreased  by  interchange
    15    or  transfer with any appropriation of the
    16    department of health or  for  transfer  to
    17    Health Research Incorporated (HRI).
    18  Notwithstanding  any provision of law to the
    19    contrary, the amounts appropriated  herein
    20    shall   be   net   of   refunds,  rebates,
    21    reimbursements,    credits,    repayments,
    22    and/or disallowances.
    23  The  money  hereby appropriated is available
    24    for payment of aid heretofore  accrued  or
    25    hereafter accrued (59054) ................ 1,150,000,000
    26                                              --------------
 
    27  MEDICAL ASSISTANCE PROGRAM ............. [10,409,681,000] 12,369,631,000
    28                                            --------------
 
    29    General Fund
    30    Local Assistance Account - 10000
 
    31  For  the medical assistance program, includ-
    32    ing  administrative  expenses,  for  local
    33    social services districts, and for medical
    34    care rates for authorized child care agen-
    35    cies.
    36  Notwithstanding  section  40  of  the  state
    37    finance law or any provision of law to the
    38    contrary,  subject  to  federal  approval,
    39    department  of health state funds medicaid
    40    spending, excluding payments  for  medical
    41    services   provided  at  state  facilities
    42    operated by the office of  mental  health,
    43    the  office  for people with developmental
    44    disabilities and the office  of  addiction
    45    services  and supports and further exclud-
    46    ing any payments which are  not  appropri-
    47    ated  within  the department of health, in
    48    the aggregate, for  the  period  April  1,
    49    2026  through  March  31,  2027, shall not
    50    exceed $36,099,200,000 except as  provided
    51    below  provided,  however,  such aggregate

        S. 10262                           21
 
     1    limits may be adjusted by the director  of
     2    the  budget  to account for any changes in
     3    the New York state federal medical assist-
     4    ance  percentage amount established pursu-
     5    ant to the federal  social  security  act,
     6    increases in provider revenues, reductions
     7    in local social services district payments
     8    for   medical  assistance  administration,
     9    minimum  wage  increases,  and   beginning
    10    April 1, 2012 the operational costs of the
    11    New  York  state  medical  indemnity fund,
    12    pursuant to chapter  59  of  the  laws  of
    13    2011,  and state costs or savings from the
    14    essential plan program.  Such  projections
    15    may  be  adjusted  by  the director of the
    16    budget to account for increased  or  expe-
    17    dited  department  of  health  state funds
    18    medicaid expenditures as  a  result  of  a
    19    natural or other type of disaster, includ-
    20    ing a governmental declaration of emergen-
    21    cy.
    22  The  director of the budget, in consultation
    23    with the  commissioner  of  health,  shall
    24    assess  on  a  quarterly  basis  known and
    25    projected medicaid expenditures by catego-
    26    ry of service and by geographic region, as
    27    defined by the commissioner, incurred both
    28    prior to and subsequent to such assessment
    29    for each such period, and if the  director
    30    of the budget determines that such expend-
    31    itures  are  expected  to  cause  medicaid
    32    spending for such  period  to  exceed  the
    33    aggregate  limit specified herein for such
    34    period, the state  medicaid  director,  in
    35    consultation  with  the  director  of  the
    36    budget and  the  commissioner  of  health,
    37    shall  develop  a  medicaid  savings allo-
    38    cation adjustment to limit  such  spending
    39    to  the  aggregate  limit specified herein
    40    for such period.
    41  Such medicaid savings allocation  adjustment
    42    shall  be designed, to reduce the expendi-
    43    tures  authorized  by  the  appropriations
    44    herein  in  compliance  with the following
    45    guidelines: (1) reductions shall  be  made
    46    in compliance with applicable federal law,
    47    including  the  provisions  of the Patient
    48    Protection and Affordable Care Act, Public
    49    Law No. 111-148, and the Health  Care  and
    50    Education   Reconciliation  Act  of  2010,
    51    Public  Law  No.   111-152   (collectively
    52    "Affordable  Care Act") and any subsequent
    53    amendments thereto or regulations  promul-
    54    gated  thereunder; (2) reductions shall be
    55    made in a manner that  complies  with  the
    56    state medicaid plan approved by the feder-

        S. 10262                           22
 
     1    al   centers  for  medicare  and  medicaid
     2    services,  provided,  however,  that   the
     3    commissioner  of  health  is authorized to
     4    submit  any  state  plan amendment or seek
     5    other federal approval,  including  waiver
     6    authority,  to implement the provisions of
     7    the medicaid savings allocation adjustment
     8    that meets the other  criteria  set  forth
     9    herein;  (3) reductions shall be made in a
    10    manner that  maximizes  federal  financial
    11    participation,  to the extent practicable,
    12    including any  federal  financial  partic-
    13    ipation that is available or is reasonably
    14    expected   to  become  available,  in  the
    15    discretion of the commissioner, under  the
    16    Affordable  Care Act; (4) reductions shall
    17    be  made  uniformly  among  categories  of
    18    services  and  geographic  regions  of the
    19    state,  to  the  extent  practicable,  and
    20    shall  be made uniformly within a category
    21    of service,  to  the  extent  practicable,
    22    except  where  the commissioner determines
    23    that  there  are  sufficient  grounds  for
    24    non-uniformity,  including but not limited
    25    to: the extent to which  specific  catego-
    26    ries of services contributed to department
    27    of health medicaid state funds spending in
    28    excess of the limits specified herein; the
    29    need  to  maintain  safety net services in
    30    underserved communities; or the  potential
    31    benefits  of  pursuing  innovative payment
    32    models contemplated by the Affordable Care
    33    Act, in which case such grounds  shall  be
    34    set  forth  in  the medicaid savings allo-
    35    cation  adjustment;  and  (5)   reductions
    36    shall  be  made  in a manner that does not
    37    unnecessarily    create     administrative
    38    burdens to medicaid applicants and recipi-
    39    ents or providers.
    40  The commissioner shall seek the input of the
    41    legislature,   as  well  as  organizations
    42    representing   health   care    providers,
    43    consumers,   businesses,  workers,  health
    44    insurers, and others with relevant  exper-
    45    tise,  in developing such medicaid savings
    46    allocation adjustment, to the extent  that
    47    all  or  part  of  such adjustment, in the
    48    discretion of the commissioner, is  likely
    49    to  have  a material impact on the overall
    50    medicaid program, particular categories of
    51    service or particular  geographic  regions
    52    of the state.
    53  (a) The commissioner shall post the medicaid
    54    savings   allocation   adjustment  on  the
    55    department of health's website  and  shall
    56    provide  written copies of such adjustment

        S. 10262                           23
 
     1    to the chairs of the  senate  finance  and
     2    the  assembly ways and means committees at
     3    least 30 days before  the  date  on  which
     4    implementation is expected to begin.
     5  (b) The commissioner may revise the medicaid
     6    savings  allocation  adjustment subsequent
     7    to the provisions of notice and  prior  to
     8    implementation  but needs to provide a new
     9    notice pursuant  to  subparagraph  (i)  of
    10    this  paragraph  only  if the commissioner
    11    determines, in his or her discretion, that
    12    such  revisions   materially   alter   the
    13    adjustment.
    14  Notwithstanding the provisions of paragraphs
    15    (a)  and  (b)  of  this  subdivision,  the
    16    commissioner  need  not  seek  the   input
    17    described  in paragraph (a) of this subdi-
    18    vision or provide notice pursuant to para-
    19    graph (b) of this subdivision if,  in  the
    20    discretion  of the commissioner, expedited
    21    development and implementation of a  medi-
    22    caid   savings  allocation  adjustment  is
    23    necessary due to a public health  emergen-
    24    cy.
    25  For  purposes  of  this  section,  a  public
    26    health emergency  is  defined  as:  (i)  a
    27    disaster,   natural   or  otherwise,  that
    28    significantly increases the immediate need
    29    for health care personnel in  an  area  of
    30    the state; (ii) an event or condition that
    31    creates a widespread risk of exposure to a
    32    serious   communicable   disease,  or  the
    33    potential  for  such  widespread  risk  of
    34    exposure;  or  (iii)  any  other  event or
    35    condition determined by  the  commissioner
    36    to constitute an imminent threat to public
    37    health.
    38  Nothing in this paragraph shall be deemed to
    39    prevent  all  or  part  of  such  medicaid
    40    savings allocation adjustment from  taking
    41    effect retroactively to the extent permit-
    42    ted  by  the  federal centers for medicare
    43    and medicaid services.
    44  In  accordance  with  the  medicaid  savings
    45    allocation adjustment, the commissioner of
    46    the  department  of  health  shall  reduce
    47    department of health state funds  medicaid
    48    spending  by  the  amount of the projected
    49    overspending through,  actions  including,
    50    but not limited to modifying or suspending
    51    reimbursement  methods,  including but not
    52    limited to all fees,  premium  levels  and
    53    rates   of  payment,  notwithstanding  any
    54    provision of  law  that  sets  a  specific
    55    amount   or   methodology   for  any  such
    56    payments or rates of payment; modifying or

        S. 10262                           24
 
     1    discontinuing medicaid  program  benefits;
     2    seeking  all  necessary federal approvals,
     3    including, but  not  limited  to  waivers,
     4    waiver  amendments;  and  suspending  time
     5    frames for  notice,  approval  or  certif-
     6    ication  of  rate  requirements,  notwith-
     7    standing any provision  of  law,  rule  or
     8    regulation  to the contrary, including but
     9    not limited to sections 2807 and  3614  of
    10    the public health law, section 18 of chap-
    11    ter  2  of  the laws of 1988, and 18 NYCRR
    12    505.14(h).
    13  The department of  health  shall  prepare  a
    14    quarterly  report  that  sets  forth:  (a)
    15    known and projected department  of  health
    16    medicaid   expenditures  as  described  in
    17    subdivision  (1)  of  this  section,   and
    18    factors  that  could  result  in  medicaid
    19    disbursements  for  the   relevant   state
    20    fiscal   year   to  exceed  the  projected
    21    department of health state funds disburse-
    22    ments in the enacted budget financial plan
    23    pursuant to subdivision 3 of section 23 of
    24    the state finance law, including  spending
    25    increases  or decreases due to: enrollment
    26    fluctuations,  rate  changes,  utilization
    27    changes,  MRT  investments,  and  shift of
    28    beneficiaries to managed care;  and  vari-
    29    ations  in  offline medicaid payments; and
    30    (b) the actions  taken  to  implement  any
    31    medicaid   savings  allocation  adjustment
    32    implemented pursuant to subdivision (4) of
    33    this   section,   including    information
    34    concerning  the  impact of such actions on
    35    each  category   of   service   and   each
    36    geographic  region of the state. Each such
    37    quarterly report shall be provided to  the
    38    chairs  of  the  senate  finance  and  the
    39    assembly ways  and  means  committees  and
    40    shall  be  posted  on  the  department  of
    41    health's website in a timely manner.
    42  The  money  hereby  appropriated  is  to  be
    43    available  for  payment  of aid heretofore
    44    accrued or hereafter  accrued  to  munici-
    45    palities,  and  to  providers  of  medical
    46    services pursuant to section 367-b of  the
    47    social  services  law,  and for payment of
    48    state aid to municipalities and to provid-
    49    ers of family care where  payment  systems
    50    through  the fiscal intermediaries are not
    51    operational.
    52  Notwithstanding any  inconsistent  provision
    53    of  law to the contrary, funds may be used
    54    by  the  department  for   outside   legal
    55    assistance on issues involving the federal
    56    government,  the  conduct  of preadmission

        S. 10262                           25
 
     1    screening  and  annual  resident   reviews
     2    required  by the state's medicaid program,
     3    computer matching with insurance  carriers
     4    to  insure  that  medicaid is the payer of
     5    last resort and activities related to  the
     6    management  of the pharmacy benefit avail-
     7    able under the medicaid program.
     8  Notwithstanding any  inconsistent  provision
     9    of  law, in lieu of payments authorized by
    10    the social services law,  or  payments  of
    11    federal  funds  otherwise due to the local
    12    social  services  districts  for  programs
    13    provided under the federal social security
    14    act  or  the federal food stamp act, funds
    15    herein appropriated, in amounts  certified
    16    by the state commissioner of temporary and
    17    disability assistance or the state commis-
    18    sioner  of health as due from local social
    19    services districts  each  month  as  their
    20    share of payments made pursuant to section
    21    367-b  of  the  social services law may be
    22    set aside by the state comptroller  in  an
    23    interest-bearing   account   in  order  to
    24    ensure the orderly and prompt  payment  of
    25    providers   under  section  367-b  of  the
    26    social services law pursuant to  an  esti-
    27    mate   provided  by  the  commissioner  of
    28    health  of  each  local  social   services
    29    district's share of payments made pursuant
    30    to  section  367-b  of the social services
    31    law.
    32  Notwithstanding any  inconsistent  provision
    33    of  law,  funding  made available by these
    34    appropriations shall support direct salary
    35    costs and related fringe  benefits  within
    36    the  medical assistance program associated
    37    with any minimum wage increase that  takes
    38    effect   during  the  timeframe  of  these
    39    appropriations, pursuant to section 652 of
    40    the labor law. Each eligible  organization
    41    in  receipt  of  funding made available by
    42    these appropriations may  be  required  to
    43    submit written certification, in such form
    44    and  at  such  time  the  commissioner may
    45    prescribe, attesting to the  total  amount
    46    of  funds  used  by the eligible organiza-
    47    tion, how such funding will be or was used
    48    for purposes eligible under  these  appro-
    49    priations  and  any other reporting deemed
    50    necessary by the commissioner. The amounts
    51    appropriated herein may  include  advances
    52    to  organizations  authorized  to  receive
    53    such funds to accomplish this purpose.
    54  Notwithstanding any other provision of  law,
    55    the   money  hereby  appropriated  may  be
    56    increased or decreased by  interchange  or

        S. 10262                           26
 
     1    transfer,  with  any  appropriation of the
     2    department of health  and  the  office  of
     3    medicaid  inspector  general  and  may  be
     4    increased  or  decreased  by  transfer  or
     5    suballocation between  these  appropriated
     6    amounts  and appropriations of the depart-
     7    ment of health state purpose account,  the
     8    office of mental health, office for people
     9    with   developmental   disabilities,   the
    10    office of addiction services and supports,
    11    the department of family assistance office
    12    of temporary  and  disability  assistance,
    13    the department of corrections and communi-
    14    ty  supervision, the office of information
    15    technology services, the state  university
    16    of  New  York,  and office of children and
    17    family services, the  office  of  medicaid
    18    inspector  general,  the  state  education
    19    department, and the state office  for  the
    20    aging with the approval of the director of
    21    the  budget,  who shall file such approval
    22    with the department of audit  and  control
    23    and  copies  thereof  with the chairman of
    24    the  senate  finance  committee  and   the
    25    chairman  of  the  assembly ways and means
    26    committee.
    27  Notwithstanding any  inconsistent  provision
    28    of  law to the contrary, the moneys hereby
    29    appropriated may be used for  payments  to
    30    the  centers  for  medicaid  and  medicare
    31    services for obligations incurred  related
    32    to  the  pharmaceutical  costs  of  dually
    33    eligible  medicare/medicaid  beneficiaries
    34    participating in the medicare drug benefit
    35    authorized by P.L. 108-173.
    36  Notwithstanding  any  inconsistent provision
    37    of law,  the  moneys  hereby  appropriated
    38    shall  not be used for any existing rates,
    39    fees, fee schedule,  or  procedures  which
    40    may  affect  the cost of care and services
    41    provided by personal care providers,  case
    42    managers,   health  maintenance  organiza-
    43    tions, out  of  state  medical  facilities
    44    which  provide  care and services to resi-
    45    dents of the state, providers of transpor-
    46    tation   services,   that   are   altered,
    47    amended,  adjusted or otherwise changed by
    48    a local social  services  district  unless
    49    previously  approved  by the department of
    50    health and the director of the budget.
    51  Notwithstanding any  inconsistent  provision
    52    of  law  to  the  contrary, funds shall be
    53    made available to the commissioner of  the
    54    office of mental health or the commission-
    55    er of the office of addiction services and
    56    supports, in consultation with the commis-

        S. 10262                           27
 
     1    sioner  of  health  and  approved  by  the
     2    director of  the  budget,  and  consistent
     3    with   appropriations  made  therefor,  to
     4    implement  allocation adjustment developed
     5    by  each  such  commissioner  which  shall
     6    describe  mental  health  or substance use
     7    disorder services that should be developed
     8    to meet service needs resulting  from  the
     9    reduction  of  inpatient behavioral health
    10    services  provided  under   the   medicaid
    11    program,  by programs licensed pursuant to
    12    article 31 or 32  of  the  mental  hygiene
    13    law.  Such  programs  may include programs
    14    that are licensed pursuant to both article
    15    31 of the mental hygiene law  and  article
    16    28  of the public health law, or certified
    17    under  both  article  32  of  the   mental
    18    hygiene  law  and article 28 of the public
    19    health law.
    20  Notwithstanding any  inconsistent  provision
    21    of law, the moneys hereby appropriated may
    22    be  available for payments associated with
    23    the resolution by settlement agreement  or
    24    judgment of rate appeals and/or litigation
    25    where the department of health is a party.
    26  For  services  and  expenses  of the medical
    27    assistance  program   including   hospital
    28    inpatient  services  and general hospitals
    29    that are safety-net providers that  evince
    30    severe  financial  distress,  pursuant  to
    31    criteria determined by  the  commissioner,
    32    shall  be  eligible for awards for amounts
    33    appropriated  herein,   to   enable   such
    34    providers to maintain operations and vital
    35    services   while  establishing  long  term
    36    solutions to  achieve  sustainable  health
    37    services.
    38  Notwithstanding  any inconsistent provisions
    39    of law, no expenditures shall be used  for
    40    the  medical  assistance  program  for any
    41    expenses not explicitly authorized in  law
    42    without  the  approval  of the director of
    43    the budget.
    44  Notwithstanding any provision of law to  the
    45    contrary,  the  portion  of this appropri-
    46    ation covering fiscal year  2026-27  shall
    47    supersede  and replace any duplicative (i)
    48    reappropriation  for  this  item  covering
    49    fiscal  year  2026-27,  and (ii) appropri-
    50    ation for this item covering  fiscal  year
    51    2026-27  set  forth  in  chapter 53 of the
    52    laws of 2025 (26947) ........ [145,428,000]  169,666,000
    53  For services and  expenses  of  the  medical
    54    assistance   program   including  hospital
    55    outpatient and emergency room services.

        S. 10262                           28
 
     1  Notwithstanding any provision of law to  the
     2    contrary,  the  portion  of this appropri-
     3    ation covering fiscal year  2026-27  shall
     4    supersede  and replace any duplicative (i)
     5    reappropriation  for  this  item  covering
     6    fiscal year 2026-27,  and  (ii)  appropri-
     7    ation  for  this item covering fiscal year
     8    2026-27 set forth in  chapter  53  of  the
     9    laws of 2025 (26948) ......... [43,494,000]   50,743,000
    10  For  services  and  expenses  of the medical
    11    assistance   program   including    clinic
    12    services.
    13  Notwithstanding  any provision of law to the
    14    contrary, the portion  of  this  appropri-
    15    ation  covering  fiscal year 2026-27 shall
    16    supersede and replace any duplicative  (i)
    17    reappropriation  for  this  item  covering
    18    fiscal year 2026-27,  and  (ii)  appropri-
    19    ation  for  this item covering fiscal year
    20    2026-27 set forth in  chapter  53  of  the
    21    laws of 2025 (26949) ......... [85,188,000]   99,386,000
    22  For  services  and  expenses  of the medical
    23    assistance program including nursing  home
    24    services.
    25  Notwithstanding  any provision of law to the
    26    contrary, the portion  of  this  appropri-
    27    ation  covering  fiscal year 2026-27 shall
    28    supersede and replace any duplicative  (i)
    29    reappropriation  for  this  item  covering
    30    fiscal year 2026-27,  and  (ii)  appropri-
    31    ation  for  this item covering fiscal year
    32    2026-27 set forth in  chapter  53  of  the
    33    laws of 2025 (26950) ........ [214,110,000]  249,795,000
    34  For  services  and  expenses  of the medical
    35    assistance program  including  other  long
    36    term care services.
    37  Notwithstanding  any provision of law to the
    38    contrary, the portion  of  this  appropri-
    39    ation  covering  fiscal year 2026-27 shall
    40    supersede and replace any duplicative  (i)
    41    reappropriation  for  this  item  covering
    42    fiscal year 2026-27,  and  (ii)  appropri-
    43    ation  for  this item covering fiscal year
    44    2026-27 set forth in  chapter  53  of  the
    45    laws of 2025 (26951) .....................
    46    .......................... [1,019,916,000] 1,189,902,000
    47  For  services  and  expenses  of the medical
    48    assistance program including managed  care
    49    services   including   regional   planning
    50    activities  of  the  finger  lakes  health
    51    systems  agency, including statewide coor-
    52    dination and demonstration of  best  prac-
    53    tices.  The  department  shall make grants
    54    within amounts appropriated  therefor,  to
    55    assure high-quality and accessible primary
    56    care,  to  provide technical assistance to

        S. 10262                           29
 
     1    support financial  and  business  planning
     2    for  integrated  systems  of  care, and to
     3    assist  primary  care  providers  in   the
     4    adoption,  implementation,  and meaningful
     5    use of electronic health record  technolo-
     6    gy.
     7  Notwithstanding  any provision of law to the
     8    contrary, the portion  of  this  appropri-
     9    ation  covering  fiscal year 2026-27 shall
    10    supersede and replace any duplicative  (i)
    11    reappropriation  for  this  item  covering
    12    fiscal year 2026-27,  and  (ii)  appropri-
    13    ation  for  this item covering fiscal year
    14    2026-27 set forth in  chapter  53  of  the
    15    laws of 2025 (26952) ....... [934,260,000] 1,089,970,000
    16  For  services  and expenses for health homes
    17    including grants to health homes.
    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 (29548) ......... [22,620,000]   26,390,000
    27  For services and  expenses  of  the  medical
    28    assistance   program   including  pharmacy
    29    services provided, however, that no  funds
    30    shall  be  made available pursuant to this
    31    appropriation for any drug not  explicitly
    32    authorized  in  any  enacted law, rule, or
    33    regulation  without  approval   from   the
    34    director of the budget.
    35  Notwithstanding  any provision of law to the
    36    contrary, the portion  of  this  appropri-
    37    ation  covering  fiscal year 2026-27 shall
    38    supersede and replace any duplicative  (i)
    39    reappropriation  for  this  item  covering
    40    fiscal year 2026-27,  and  (ii)  appropri-
    41    ation  for  this item covering fiscal year
    42    2026-27 set forth in  chapter  53  of  the
    43    laws of 2025 (26953) ........ [431,556,000]  503,482,000
    44  For  services  and  expenses  of the medical
    45    assistance program  including  transporta-
    46    tion services.
    47  Notwithstanding  any provision of law to the
    48    contrary, the portion  of  this  appropri-
    49    ation  covering  fiscal year 2026-27 shall
    50    supersede and replace any duplicative  (i)
    51    reappropriation  for  this  item  covering
    52    fiscal year 2026-27,  and  (ii)  appropri-
    53    ation  for  this item covering fiscal year
    54    2026-27 set forth in  chapter  53  of  the
    55    laws of 2025 (26954) ......... [61,992,000]   72,324,000

        S. 10262                           30
 
     1  For  services  and  expenses  of the medical
     2    assistance   program   including    dental
     3    services.
     4  Notwithstanding  any provision of law to the
     5    contrary, the portion  of  this  appropri-
     6    ation  covering  fiscal year 2026-27 shall
     7    supersede and replace any duplicative  (i)
     8    reappropriation  for  this  item  covering
     9    fiscal year 2026-27,  and  (ii)  appropri-
    10    ation  for  this item covering fiscal year
    11    2026-27 set forth in  chapter  53  of  the
    12    laws of 2025 (26955) ............ [474,000]      553,000
    13  For  services  and  expenses  of the medical
    14    assistance program including  non-institu-
    15    tional and other spending.
    16  The  money  hereby appropriated is available
    17    for  payment  of  liabilities   heretofore
    18    accrued or hereafter accrued.
    19  Notwithstanding  any  inconsistent provision
    20    of law, the money hereby appropriated  may
    21    be available for payments to any county or
    22    public  school  districts  associated with
    23    additional claims  for  school  supportive
    24    health services.
    25  Notwithstanding  any provision of law to the
    26    contrary, the portion  of  this  appropri-
    27    ation  covering  fiscal year 2026-27 shall
    28    supersede and replace any duplicative  (i)
    29    reappropriation  for  this  item  covering
    30    fiscal year 2026-27,  and  (ii)  appropri-
    31    ation  for  this item covering fiscal year
    32    2026-27 set forth in  chapter  53  of  the
    33    laws of 2025 (26956) ........ [123,624,000]  144,228,000
    34  For  services  and  expenses  of the medical
    35    assistance   program   including   medical
    36    services   provided  at  state  facilities
    37    operated by the office of  mental  health,
    38    the  office  for people with developmental
    39    disabilities and the office  of  addiction
    40    services and supports.
    41  Notwithstanding  any provision of law to the
    42    contrary, the portion  of  this  appropri-
    43    ation  covering  fiscal year 2026-27 shall
    44    supersede and replace any duplicative  (i)
    45    reappropriation  for  this  item  covering
    46    fiscal year 2026-27,  and  (ii)  appropri-
    47    ation  for  this item covering fiscal year
    48    2026-27 set forth in  chapter  53  of  the
    49    laws of 2025 (26961) ........ [576,924,000]  673,078,000
    50                                --------------
 
    51    Special Revenue Funds - Federal
    52    Federal Health and Human Services Fund
    53    Medicaid Direct Account - 25106

        S. 10262                           31
 
     1  For  services  and  expenses for the medical
     2    assistance program, including  administra-
     3    tive  expenses  for  local social services
     4    districts, pursuant to title  XIX  of  the
     5    federal social security act or its succes-
     6    sor program.
     7  The  moneys  hereby  appropriated  are to be
     8    available for payment  of  aid  heretofore
     9    accrued  or  hereafter  accrued to munici-
    10    palities,  and  to  providers  of  medical
    11    services  pursuant to section 367-b of the
    12    social services law, and  for  payment  of
    13    state aid to municipalities and to provid-
    14    ers  of  family care where payment systems
    15    through the fiscal intermediaries are  not
    16    operational.
    17  Notwithstanding  any  inconsistent provision
    18    of law, funding made  available  by  these
    19    appropriations shall support direct salary
    20    costs  and  related fringe benefits within
    21    the medical assistance program  associated
    22    with  any minimum wage increase that takes
    23    effect  during  the  timeframe  of   these
    24    appropriations, pursuant to section 652 of
    25    the  labor law. Each eligible organization
    26    in receipt of funding  made  available  by
    27    these  appropriations  may  be required to
    28    submit written certification, in such form
    29    and at  such  time  the  commissioner  may
    30    prescribe,  attesting  to the total amount
    31    of funds used by  the  eligible  organiza-
    32    tion, how such funding will be or was used
    33    for  purposes  eligible under these appro-
    34    priations and any other  reporting  deemed
    35    necessary by the commissioner. The amounts
    36    appropriated  herein  may include advances
    37    to  organizations  authorized  to  receive
    38    such funds to accomplish this purpose.
    39  Notwithstanding  any other provision of law,
    40    the  money  hereby  appropriated  may   be
    41    increased  or  decreased by interchange or
    42    transfer, with any  appropriation  of  the
    43    department  of  health  and  the office of
    44    medicaid  inspector  general  and  may  be
    45    increased  or  decreased  by  transfer  or
    46    suballocation between  these  appropriated
    47    amounts  and  appropriations of the office
    48    of mental health, office for  people  with
    49    developmental  disabilities, the office of
    50    addiction  services  and   supports,   the
    51    department  of family assistance office of
    52    temporary   and   disability   assistance,
    53    office  of  children  and family services,
    54    the  department  of  financial   services,
    55    department  of  corrections  and community
    56    supervision,  the  office  of  information

        S. 10262                           32
 
     1    technology  services, the state university
     2    of New York, the state  education  depart-
     3    ment,  and  the state office for the aging
     4    with  the  approval of the director of the
     5    budget, who shall file such approval  with
     6    the  department  of  audit and control and
     7    copies thereof with the  chairman  of  the
     8    senate  finance committee and the chairman
     9    of the assembly ways and means committee.
    10  Notwithstanding any  inconsistent  provision
    11    of  law, in lieu of payments authorized by
    12    the social services law,  or  payments  of
    13    federal  funds  otherwise due to the local
    14    social  services  districts  for  programs
    15    provided under the federal social security
    16    act  or  the federal food stamp act, funds
    17    herein appropriated, in amounts  certified
    18    by the state commissioner of temporary and
    19    disability assistance or the state commis-
    20    sioner  of health as due from local social
    21    services districts  each  month  as  their
    22    share of payments made pursuant to section
    23    367-b  of  the  social services law may be
    24    set aside by the state comptroller  in  an
    25    interest-bearing   account   in  order  to
    26    ensure the orderly and prompt  payment  of
    27    providers   under  section  367-b  of  the
    28    social services law pursuant to  an  esti-
    29    mate   provided  by  the  commissioner  of
    30    health  of  each  local  social   services
    31    district's share of payments made pursuant
    32    to  section  367-b  of the social services
    33    law.
    34  Notwithstanding any  inconsistent  provision
    35    of  law  to  the  contrary, funds shall be
    36    made available to the commissioner of  the
    37    office of mental health or the commission-
    38    er of the office of addiction services and
    39    supports, in consultation with the commis-
    40    sioner  of  health  and  approved  by  the
    41    director of  the  budget,  and  consistent
    42    with   appropriations  made  therefor,  to
    43    implement allocation adjustment  developed
    44    by  each  such  commissioner  which  shall
    45    describe mental health  or  substance  use
    46    disorder services that should be developed
    47    to  meet  service needs resulting from the
    48    reduction of inpatient  behavioral  health
    49    services   provided   under  the  medicaid
    50    program, by programs licensed pursuant  to
    51    article  31  or  32  of the mental hygiene
    52    law. Such programs  may  include  programs
    53    that are licensed pursuant to both article
    54    31  of  the mental hygiene law and article
    55    28 of the public health law, or  certified
    56    under   both  article  32  of  the  mental

        S. 10262                           33
 
     1    hygiene law and article 28 of  the  public
     2    health law.
     3  Notwithstanding  any  inconsistent provision
     4    of law, the moneys hereby appropriated may
     5    be available for payments associated  with
     6    the  resolution by settlement agreement or
     7    judgment of rate appeals and/or litigation
     8    where the department of health is a party.
     9  Notwithstanding any inconsistent  provisions
    10    of  law, no expenditures shall be used for
    11    the medical  assistance  program  for  any
    12    expenses  not explicitly authorized in law
    13    without the approval of  the  director  of
    14    the budget.
    15  For  services  and  expenses  of the medical
    16    assistance  program   including   hospital
    17    inpatient services.
    18  Notwithstanding  any provision of law to the
    19    contrary, the portion  of  this  appropri-
    20    ation  covering  fiscal year 2026-27 shall
    21    supersede and replace any duplicative  (i)
    22    reappropriation  for  this  item  covering
    23    fiscal year 2026-27,  and  (ii)  appropri-
    24    ation  for  this item covering fiscal year
    25    2026-27 set forth in  chapter  53  of  the
    26    laws of 2025 (26947) ........ [379,425,000]  455,310,000
    27  For  services  and  expenses  of the medical
    28    assistance  program   including   hospital
    29    outpatient and emergency room services.
    30  Notwithstanding  any provision of law to the
    31    contrary, the portion  of  this  appropri-
    32    ation  covering  fiscal year 2026-27 shall
    33    supersede and replace any duplicative  (i)
    34    reappropriation  for  this  item  covering
    35    fiscal year 2026-27,  and  (ii)  appropri-
    36    ation  for  this item covering fiscal year
    37    2026-27 set forth in  chapter  53  of  the
    38    laws of 2025 (26948) ......... [67,620,000]   81,144,000
    39  For  services  and  expenses  of the medical
    40    assistance   program   including    clinic
    41    services.
    42  Notwithstanding  any provision of law to the
    43    contrary, the portion  of  this  appropri-
    44    ation  covering  fiscal year 2026-27 shall
    45    supersede and replace any duplicative  (i)
    46    reappropriation  for  this  item  covering
    47    fiscal year 2026-27,  and  (ii)  appropri-
    48    ation  for  this item covering fiscal year
    49    2026-27 set forth in  chapter  53  of  the
    50    laws of 2025 (26949) ........ [109,485,000]  131,382,000
    51  For  services  and  expenses  of the medical
    52    assistance program including nursing  home
    53    services.
    54  Notwithstanding  any provision of law to the
    55    contrary, the portion  of  this  appropri-
    56    ation  covering  fiscal year 2026-27 shall

        S. 10262                           34
 
     1    supersede and replace any duplicative  (i)
     2    reappropriation  for  this  item  covering
     3    fiscal year 2026-27,  and  (ii)  appropri-
     4    ation  for  this item covering fiscal year
     5    2026-27 set forth in  chapter  53  of  the
     6    laws of 2025 (26950) ........ [563,700,000]  676,440,000
     7  For  services  and  expenses  of the medical
     8    assistance program  including  other  long
     9    term care services.
    10  Notwithstanding  any provision of law to the
    11    contrary, the portion  of  this  appropri-
    12    ation  covering  fiscal year 2026-27 shall
    13    supersede and replace any duplicative  (i)
    14    reappropriation  for  this  item  covering
    15    fiscal year 2026-27,  and  (ii)  appropri-
    16    ation  for  this item covering fiscal year
    17    2026-27 set forth in  chapter  53  of  the
    18    laws of 2025 (26951) ..... [1,608,045,000] 1,929,654,000
    19  For  services  and  expenses  of the medical
    20    assistance program including managed  care
    21    services   including   regional   planning
    22    activities  of  the  finger  lakes  health
    23    systems  agency, including statewide coor-
    24    dination and demonstration of  best  prac-
    25    tices.  The  department  shall make grants
    26    within amounts appropriated  therefor,  to
    27    assure high-quality and accessible primary
    28    care,  to  provide technical assistance to
    29    support financial  and  business  planning
    30    for  integrated  systems  of  care, and to
    31    assist  primary  care  providers  in   the
    32    adoption,  implementation,  and meaningful
    33    use of electronic health record  technolo-
    34    gy.
    35  Notwithstanding  any  inconsistent provision
    36    of law, rule, or regulation to the contra-
    37    ry, funds appropriated herein shall not be
    38    subject to  article  6  of  the  financial
    39    services law.
    40  Notwithstanding  any  inconsistent provision
    41    of law, rule, or regulation to the contra-
    42    ry, funds appropriated herein  shall  only
    43    be  made  available  for  applied behavior
    44    analysis services  if  such  services  are
    45    recommended  by  a  health  care or mental
    46    health care practitioner authorized  under
    47    title  eight  of the education law who has
    48    been designated  as  an  applied  behavior
    49    analysis  center of excellence provider by
    50    the commissioner of health.
    51  Notwithstanding any provision of law to  the
    52    contrary,  the  portion  of this appropri-
    53    ation covering fiscal year  2026-27  shall
    54    supersede  and replace any duplicative (i)
    55    reappropriation  for  this  item  covering

        S. 10262                           35
 
     1    fiscal  year  2026-27,  and (ii) appropri-
     2    ation for this item covering  fiscal  year
     3    2026-27  set  forth  in  chapter 53 of the
     4    laws of 2025 (26952) ..... [1,962,340,000] 2,354,808,000
     5  For services and  expenses  of  the  medical
     6    assistance   program   including  pharmacy
     7    services, provided, however, that no funds
     8    shall be made available pursuant  to  this
     9    appropriation  for any drug not explicitly
    10    authorized in any heretofore enacted  law,
    11    rule,  or regulation without approval from
    12    the director of the budget.
    13  Notwithstanding any provision of law to  the
    14    contrary,  the  portion  of this appropri-
    15    ation covering fiscal year  2026-27  shall
    16    supersede  and replace any duplicative (i)
    17    reappropriation  for  this  item  covering
    18    fiscal  year  2026-27,  and (ii) appropri-
    19    ation for this item covering  fiscal  year
    20    2026-27  set  forth  in  chapter 53 of the
    21    laws of 2025 (26953) ........ [591,095,000]  709,314,000
    22  For services and  expenses  of  the  medical
    23    assistance  program  including transporta-
    24    tion services.
    25  Notwithstanding any provision of law to  the
    26    contrary,  the  portion  of this appropri-
    27    ation covering fiscal year  2026-27  shall
    28    supersede  and replace any duplicative (i)
    29    reappropriation  for  this  item  covering
    30    fiscal  year  2026-27,  and (ii) appropri-
    31    ation for this item covering  fiscal  year
    32    2026-27  set  forth  in  chapter 53 of the
    33    laws of 2025 (26954) ......... [79,410,000]   95,292,000
    34  For services and  expenses  of  the  medical
    35    assistance    program   including   dental
    36    services.
    37  Notwithstanding any provision of law to  the
    38    contrary,  the  portion  of this appropri-
    39    ation covering fiscal year  2026-27  shall
    40    supersede  and replace any duplicative (i)
    41    reappropriation  for  this  item  covering
    42    fiscal  year  2026-27,  and (ii) appropri-
    43    ation for this item covering  fiscal  year
    44    2026-27  set  forth  in  chapter 53 of the
    45    laws of 2025 (26955) .......... [9,180,000]   11,016,000
    46  For services and  expenses  of  the  medical
    47    assistance  program  including noninstitu-
    48    tional and other spending.
    49  The money hereby appropriated  is  available
    50    for   payment  of  liabilities  heretofore
    51    accrued or hereafter accrued.
    52  Notwithstanding any provision of law to  the
    53    contrary,  the  portion  of this appropri-
    54    ation covering fiscal year  2026-27  shall
    55    supersede  and replace any duplicative (i)
    56    reappropriation  for  this  item  covering

        S. 10262                           36
 
     1    fiscal  year  2026-27,  and (ii) appropri-
     2    ation for this item covering  fiscal  year
     3    2026-27  set  forth  in  chapter 53 of the
     4    laws of 2025 (26956) ....... [899,025,000] 1,078,830,000
     5  Notwithstanding any  inconsistent  provision
     6    of  law,  subject  to  the approval of the
     7    director of the budget, upon submission of
     8    an allocation adjustment from the  commis-
     9    sioner  of health, the amount appropriated
    10    herein, together with any available feder-
    11    al matching funds, may be  transferred  or
    12    suballocated   to  the  office  of  mental
    13    health, office of addiction  services  and
    14    supports,  office for people with develop-
    15    mental disabilities, division  of  housing
    16    and  community  renewal,  New  York  state
    17    housing trust fund corporation, and office
    18    of temporary and disability assistance for
    19    services and expenses related to providing
    20    affordable  housing.  Any  such   spending
    21    shall  consider  the geographical location
    22    of the grants.
    23  Notwithstanding any provision of law to  the
    24    contrary,  the  portion  of this appropri-
    25    ation covering fiscal year  2026-27  shall
    26    supersede  and replace any duplicative (i)
    27    reappropriation  for  this  item  covering
    28    fiscal  year  2026-27,  and (ii) appropri-
    29    ation for this item covering  fiscal  year
    30    2026-27  set  forth  in  chapter 53 of the
    31    laws of 2025 (29521) ........ [480,770,000]  576,924,000
    32                                --------------
 
    33    § 11. Section 6 of chapter 98 of the laws of 2026, relating to  making
    34  appropriations  for the support of government, as amended by chapter 111
    35  of the laws of 2026, is amended to read as follows:
    36    § 6. The amounts specified in this section,  or  so  much  thereof  as
    37  shall  be  sufficient  to  accomplish the purposes designated, is hereby
    38  appropriated and authorized to be paid as hereinafter provided,  to  the
    39  public  officers  and  for the purposes specified, which amount shall be
    40  available for the state fiscal year beginning April 1, 2026.
 
    41                             DEPARTMENT OF LABOR
 
    42                              AID TO LOCALITIES

    43  UNEMPLOYMENT INSURANCE BENEFIT PROGRAM ... [1,260,000,000] 1,455,000,000
    44                                             --------------
 
    45    Enterprise Funds
    46    Unemployment Insurance Benefit Fund
    47    Unemployment Insurance Benefit Account - 50650
 
    48  For payment of unemployment insurance  bene-
    49    fits  pursuant  to article 18 of the labor
    50    law  or  as  authorized  by  the   federal

        S. 10262                           37
 
     1    government  through the disaster unemploy-
     2    ment  assistance  program,  the  emergency
     3    unemployment   compensation  program,  the
     4    extended   benefit  program,  the  federal
     5    additional  compensation  program  or  any
     6    other  federally funded unemployment bene-
     7    fit program (34787) ...... [1,260,000,000] 1,455,000,000
     8                               --------------
 
     9    § 12. Section 7 of chapter 98 of the laws of 2026, relating to  making
    10  appropriations  for the support of government, as amended by chapter 111
    11  of the laws of 2026, is amended to read as follows:
    12    § 7. The amounts specified in this section,  or  so  much  thereof  as
    13  shall  be  sufficient  to  accomplish the purposes designated, is hereby
    14  appropriated and authorized to be paid as hereinafter provided,  to  the
    15  public  officers  and  for the purposes specified, which amount shall be
    16  available for the state fiscal year beginning April 1, 2026.
 
    17                        DEPARTMENT OF MENTAL HYGIENE
 
    18              OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES
 
    19                              AID TO LOCALITIES
 
    20  COMMUNITY SERVICES PROGRAM .................. [769,023,000]  914,076,000
    21                                              --------------
 
    22    General Fund
    23    Local Assistance Account - 10000
 
    24  For services and expenses of  the  community
    25    services  program,  net  of disallowances,
    26    for community  programs  for  people  with
    27    developmental   disabilities  pursuant  to
    28    article 41  of  the  mental  hygiene  law,
    29    and/or  chapter  620  of the laws of 1974,
    30    chapter 660 of the laws of  1977,  chapter
    31    412 of the laws of 1981, chapter 27 of the
    32    laws  of  1987, chapter 729 of the laws of
    33    1989, chapter 329 of the laws of 1993  and
    34    other  provisions  of  the  mental hygiene
    35    law.  Notwithstanding   any   inconsistent
    36    provision  of law, the following appropri-
    37    ation shall be net of prior and/or current
    38    year refunds, rebates, reimbursements, and
    39    credits.
    40  Notwithstanding any other provision of  law,
    41    advances  and  reimbursement made pursuant
    42    to subdivision (d) of  section  41.15  and
    43    section  41.18  of  the mental hygiene law
    44    shall be allocated pursuant to a plan  and
    45    in  a manner prescribed by the agency head
    46    and approved by the director of the  budg-
    47    et.  The  moneys  hereby  appropriated are
    48    available to reimburse or advance  locali-
    49    ties and voluntary non-profit agencies for

        S. 10262                           38
 
     1    expenditures   made  during  local  fiscal
     2    periods commencing January 1, 2026,  April
     3    1,  2026 or July 1, 2026, and for advances
     4    for  the  3 month period beginning January
     5    1, 2027.
     6  Notwithstanding the provisions of article 41
     7    of the mental hygiene  law  or  any  other
     8    inconsistent  provision  of  law,  rule or
     9    regulation, the commissioner, pursuant  to
    10    such  contract  and in the manner provided
    11    therein, may pay all or a portion  of  the
    12    expenses  incurred by such voluntary agen-
    13    cies arising out of loans which are funded
    14    from  the  proceeds  of  bonds  and  notes
    15    issued  by  the dormitory authority of the
    16    state of New York.
    17  Notwithstanding any other provision of  law,
    18    the   money  hereby  appropriated  may  be
    19    transferred to state operations and/or any
    20    appropriation of  the  office  for  people
    21    with  developmental  disabilities with the
    22    approval of the director of the budget.
    23  Notwithstanding any  inconsistent  provision
    24    of law, moneys from this appropriation may
    25    be used for state aid of up to 100 percent
    26    of  the  net deficit costs of day training
    27    programs and family support services.
    28  Notwithstanding the  provisions  of  section
    29    16.23  of  the  mental hygiene law and any
    30    other inconsistent provision of law,  with
    31    relation  to  the  operation  of certified
    32    family care homes, including  family  care
    33    homes  sponsored by voluntary not-for-pro-
    34    fit agencies, moneys from  this  appropri-
    35    ation may be used for payments to purchase
    36    general services including but not limited
    37    to  respite  providers, up to a maximum of
    38    14 days, at rates to be established by the
    39    commissioner and approved by the  director
    40    of  the budget in consideration of factors
    41    including, but not limited to,  geographic
    42    area  and  number  of clients cared for in
    43    the home and  for  payment  in  an  amount
    44    determined  by  the  commissioner  for the
    45    personal needs of each client residing  in
    46    the family care home.
    47  Notwithstanding  the  provisions of subdivi-
    48    sion 12 of section 8 of the state  finance
    49    law  and  any other inconsistent provision
    50    of law, moneys from this appropriation may
    51    be used for expenses of family care  homes
    52    including  payments to operators of certi-
    53    fied family care homes for damages  caused
    54    by  clients  to personal and real property
    55    in accordance with  standards  established

        S. 10262                           39
 
     1    by  the  commissioner  and approved by the
     2    director of the budget.
     3  Notwithstanding  any  inconsistent provision
     4    of law, moneys from this appropriation may
     5    be  used  for  appropriate   day   program
     6    services  and residential services includ-
     7    ing, but not limited  to,  direct  housing
     8    subsidies    to    individuals,   start-up
     9    expenses for family care providers,  envi-
    10    ronmental modifications, adaptive technol-
    11    ogies,   appraisals,   property   options,
    12    feasibility  studies  and   preoperational
    13    expenses.
    14  Notwithstanding  any  inconsistent provision
    15    of law except pursuant to a chapter of the
    16    laws of 2025  authorizing  a  2.6  percent
    17    targeted  inflationary  increase,  for the
    18    period commencing on  April  1,  2025  and
    19    ending  March  31,  2026  the commissioner
    20    shall not  apply  any  other  inflationary
    21    increases,  cost of living type increases,
    22    inflation factors, or  trend  factors  for
    23    the   purpose  of  establishing  rates  of
    24    payments, contracts or any other  form  of
    25    reimbursement;  provided  that  this shall
    26    not prevent the commissioner from applying
    27    prior  adjustments  for  the  purpose   of
    28    establishing rates resulting from a rebas-
    29    ing of base year costs.
    30  Notwithstanding  section  6908 of the educa-
    31    tion law and any other provision  of  law,
    32    rule or regulation to the contrary, direct
    33    support  staff  in  programs  certified or
    34    approved by the  office  for  people  with
    35    developmental  disabilities, including the
    36    home and community based  services  waiver
    37    programs  that  the office for people with
    38    developmental disabilities  is  authorized
    39    to administer with federal approval pursu-
    40    ant  to subdivision (c) of section 1915 of
    41    the  federal  social  security  act,   are
    42    authorized  to provide such tasks as OPWDD
    43    may  specify  when  performed  under   the
    44    supervision,    training    and   periodic
    45    inspection of  a  registered  professional
    46    nurse and in accordance with an authorized
    47    practitioner's ordered care.
    48  Notwithstanding  any  other provision of law
    49    to  the  contrary,  and  consistent   with
    50    section  33.07  of the mental hygiene law,
    51    the directors of facilities  licensed  but
    52    not operated by the office for people with
    53    developmental   disabilities  who  act  as
    54    federally-appointed representative  payees
    55    and  who  assume management responsibility
    56    over the funds of a resident may  continue

        S. 10262                           40
 
     1    to  use  such  funds  for  the cost of the
     2    resident's care and treatment,  consistent
     3    with federal law and regulations.
     4  Funds appropriated herein shall be available
     5    in accordance with the following:
     6  Notwithstanding  any  inconsistent provision
     7    of law, the  director  of  the  budget  is
     8    authorized  to  make  suballocations  from
     9    this appropriation to  the  department  of
    10    health medical assistance program.
    11  Notwithstanding  any  inconsistent provision
    12    of law, and pursuant  to  criteria  estab-
    13    lished  by  the commissioner of the office
    14    for people with developmental disabilities
    15    and approved by the director of the  budg-
    16    et,  expenditures  may  be  made from this
    17    appropriation for  residential  facilities
    18    which   are   pending  recertification  as
    19    intermediate care  facilities  for  people
    20    with developmental disabilities.
    21  Notwithstanding  the  provisions  of section
    22    41.36 of the mental hygiene  law  and  any
    23    other   inconsistent   provision  of  law,
    24    moneys from this appropriation may be used
    25    for  payment  up  to  $250  per  year  per
    26    client,  at  such times and in such manner
    27    as determined by the commissioner  on  the
    28    basis  of  financial need for the personal
    29    needs of each client residing in voluntar-
    30    y-operated community residences and volun-
    31    tary-operated community residential alter-
    32    natives,     including      individualized
    33    residential  alternatives  under  the home
    34    and community based services  waiver.  The
    35    commissioner   shall,   subject   to   the
    36    approval of the director  of  the  budget,
    37    alter  existing  advance payment schedules
    38    for  voluntary-operated  community   resi-
    39    dences  established  pursuant  to  section
    40    41.36 of the mental hygiene law.
    41  Notwithstanding any  inconsistent  provision
    42    of law, moneys from this appropriation may
    43    be  used  for  the  operation  of  clinics
    44    licensed pursuant to  article  16  of  the
    45    mental  hygiene  law  including,  but  not
    46    limited to,  supportive  and  habilitative
    47    services  consistent  with  the  home  and
    48    community based services waiver.
    49  For the state and/or local share of  medical
    50    assistance  services  expenses incurred by
    51    the department of health for the provision
    52    of medical assistance services  to  people
    53    with developmental disabilities (37835) ..
    54    ............................. [700,020,000]  840,024,000
    55  For  services  and expenses of the community
    56    services program,  net  of  disallowances,

        S. 10262                           41
 
     1    for  community  programs  for  people with
     2    developmental  disabilities  pursuant   to
     3    article  41  of  the  mental  hygiene law,
     4    and/or  chapter  620  of the laws of 1974,
     5    chapter 660 of the laws of  1977,  chapter
     6    412 of the laws of 1981, chapter 27 of the
     7    laws  of  1987, chapter 729 of the laws of
     8    1989, chapter 329 of the laws of 1993  and
     9    other  provisions  of  the  mental hygiene
    10    law.  Notwithstanding   any   inconsistent
    11    provision  of law, the following appropri-
    12    ation shall be net of prior and/or current
    13    year refunds, rebates, reimbursements, and
    14    credits.
    15  Notwithstanding any other provision of  law,
    16    advances  and  reimbursement made pursuant
    17    to subdivision (d) of  section  41.15  and
    18    section  41.18  of  the mental hygiene law
    19    shall be allocated pursuant to a plan  and
    20    in  a manner prescribed by the agency head
    21    and approved by the director of the  budg-
    22    et.    The  moneys hereby appropriated are
    23    available to reimburse or advance  locali-
    24    ties and voluntary non-profit agencies for
    25    expenditures   made  during  local  fiscal
    26    periods commencing January 1, 2026,  April
    27    1,  2026 or July 1, 2026, and for advances
    28    for the 3 month period  beginning  January
    29    1, 2027.
    30  Notwithstanding the provisions of article 41
    31    of  the  mental  hygiene  law or any other
    32    inconsistent provision  of  law,  rule  or
    33    regulation,  the commissioner, pursuant to
    34    such contract and in the  manner  provided
    35    therein,  may  pay all or a portion of the
    36    expenses incurred by such voluntary  agen-
    37    cies arising out of loans which are funded
    38    from  the  proceeds  of  bonds  and  notes
    39    issued by the dormitory authority  of  the
    40    state of New York.
    41  Notwithstanding  any other provision of law,
    42    the  money  hereby  appropriated  may   be
    43    transferred to state operations and/or any
    44    appropriation  of  the  office  for people
    45    with developmental disabilities  with  the
    46    approval of the director of the budget.
    47  Notwithstanding  any  inconsistent provision
    48    of law, moneys from this appropriation may
    49    be used for state aid of up to 100 percent
    50    of the net deficit costs of  day  training
    51    programs and family support services.
    52  Notwithstanding  the  provisions  of section
    53    16.23 of the mental hygiene  law  and  any
    54    other  inconsistent provision of law, with
    55    relation to  the  operation  of  certified
    56    family  care  homes, including family care

        S. 10262                           42
 
     1    homes sponsored by voluntary  not-for-pro-
     2    fit  agencies,  moneys from this appropri-
     3    ation may be used for payments to purchase
     4    general services including but not limited
     5    to  respite  providers, up to a maximum of
     6    14 days, at rates to be established by the
     7    commissioner and approved by the  director
     8    of  the budget in consideration of factors
     9    including, but not limited to,  geographic
    10    area  and  number  of clients cared for in
    11    the home and  for  payment  in  an  amount
    12    determined  by  the  commissioner  for the
    13    personal needs of each client residing  in
    14    the family care home.
    15  Notwithstanding  the  provisions of subdivi-
    16    sion 12 of section 8 of the state  finance
    17    law  and  any other inconsistent provision
    18    of law, moneys from this appropriation may
    19    be used for expenses of family care  homes
    20    including  payments to operators of certi-
    21    fied family care homes for damages  caused
    22    by  clients  to personal and real property
    23    in accordance with  standards  established
    24    by  the  commissioner  and approved by the
    25    director of the budget.
    26  Notwithstanding any  inconsistent  provision
    27    of law, moneys from this appropriation may
    28    be   used   for  appropriate  day  program
    29    services and residential services  includ-
    30    ing,  but  not  limited to, direct housing
    31    subsidies   to    individuals,    start-up
    32    expenses  for family care providers, envi-
    33    ronmental modifications, adaptive technol-
    34    ogies,   appraisals,   property   options,
    35    feasibility   studies  and  preoperational
    36    expenses.
    37  Notwithstanding any  inconsistent  provision
    38    of law, moneys from this appropriation may
    39    be   used   to  fund  continuity  of  care
    40    services, family reimbursed respite, other
    41    than personal services and direct  housing
    42    subsidies  for  people who are enrolled in
    43    OPWDD's self-direction  program,  provided
    44    any  or all such costs are identified in a
    45    self-direction budget approved by OPWDD.
    46  Notwithstanding any  inconsistent  provision
    47    of law except pursuant to a chapter of the
    48    laws  of  2025  authorizing  a 2.6 percent
    49    targeted inflationary  increase,  for  the
    50    period  commencing  on  April  1, 2025 and
    51    ending March  31,  2026  the  commissioner
    52    shall  not  apply  any  other inflationary
    53    increases, cost of living type  increases,
    54    inflation  factors,  or  trend factors for
    55    the  purpose  of  establishing  rates   of
    56    payments,  contracts  or any other form of

        S. 10262                           43
 
     1    reimbursement; provided  that  this  shall
     2    not prevent the commissioner from applying
     3    prior   adjustments  for  the  purpose  of
     4    establishing rates resulting from a rebas-
     5    ing of base year costs.
     6  Notwithstanding  section  6908 of the educa-
     7    tion law and any other provision  of  law,
     8    rule or regulation to the contrary, direct
     9    support  staff  in  programs  certified or
    10    approved by the  office  for  people  with
    11    developmental  disabilities, including the
    12    home and community based  services  waiver
    13    programs  that  the office for people with
    14    developmental disabilities  is  authorized
    15    to administer with federal approval pursu-
    16    ant  to subdivision (c) of section 1915 of
    17    the  federal  social  security  act,   are
    18    authorized  to provide such tasks as OPWDD
    19    may  specify  when  performed  under   the
    20    supervision,    training    and   periodic
    21    inspection of  a  registered  professional
    22    nurse and in accordance with an authorized
    23    practitioner's ordered care.
    24  Notwithstanding  any  other provision of law
    25    to  the  contrary,  and  consistent   with
    26    section  33.07  of the mental hygiene law,
    27    the directors of facilities  licensed  but
    28    not operated by the office for people with
    29    developmental   disabilities  who  act  as
    30    federally-appointed representative  payees
    31    and  who  assume management responsibility
    32    over the funds of a resident may  continue
    33    to  use  such  funds  for  the cost of the
    34    resident's care and treatment,  consistent
    35    with federal law and regulations.
    36  Funds appropriated herein shall be available
    37    in accordance with the following:
    38  Notwithstanding  any  other provision of law
    39    to the contrary, funds appropriated herein
    40    are   available  to    reimburse  in-  and
    41    out-of-state  private residential schools,
    42    pursuant to  subdivision  (c)  of  section
    43    13.37-a  and  subdivision  (g)  of section
    44    13.38 of the mental hygiene law, for costs
    45    of  supporting  the  residential  and  day
    46    program  services available to individuals
    47    who are over the age of 21 years  of  age,
    48    provided that the amount paid for residen-
    49    tial  services and/or maintenance costs is
    50    net of any  supplemental  security  income
    51    benefit  to which the individual receiving
    52    services is eligible, and provided further
    53    that funding for  nonresidential  services
    54    will  be  in  an  amount not to exceed the
    55    maximum reimbursement for appropriate  day
    56    services   delivered  by  the  office  for

        S. 10262                           44
 
     1    people  with  developmental   disabilities
     2    certified or approved providers other than
     3    in-  and  out-of-state private residential
     4    schools,  unless  otherwise  authorized by
     5    the director of the budget.
     6  Notwithstanding section  163  of  the  state
     7    finance  law,  section 142 of the economic
     8    development law, and  article  41  of  the
     9    mental  hygiene  law,  the commissioner of
    10    the office for people  with  developmental
    11    disabilities  may make the funds appropri-
    12    ated herein available as state aid, a loan
    13    or a grant, pursuant to terms  and  condi-
    14    tions  established  by the commissioner of
    15    the office for people  with  developmental
    16    disabilities,  to  cover  a portion of the
    17    development  costs  of   private,   public
    18    and/or non-profit organizations, including
    19    corporations  and partnerships established
    20    pursuant to the  private  housing  finance
    21    law and/or any other statutory provisions,
    22    for  supportive  housing  units  that have
    23    been set aside for individuals with intel-
    24    lectual  and  developmental  disabilities.
    25    Further, the office for people with devel-
    26    opmental disabilities shall have a lien on
    27    the  real  property  developed  with  such
    28    state aid, loans or grants, which shall be
    29    in the amount of the loan or grant, for  a
    30    maximum  term of 30 years, or other longer
    31    term consistent with the  requirements  of
    32    another regulatory agency.
    33  For  services  and  expenses  related to the
    34    provision  of  residential   services   to
    35    people   with  developmental  disabilities
    36    (37802) ...................... [40,057,000]   42,988,000
    37  For services and  expenses  related  to  the
    38    provision   of  day  program  services  to
    39    people  with  developmental   disabilities
    40    (37803) ....................... [9,840,000]   10,560,000
    41  For  services  and  expenses  related to the
    42    provision of family  support  services  to
    43    people   with  developmental  disabilities
    44    (37804) ...................... [11,070,000]   11,880,000
    45  For services and  expenses  related  to  the
    46    provision  of  workshop,  day training and
    47    employment services to people with  devel-
    48    opmental disabilities. Notwithstanding any
    49    other  provision  of  law, up to [$94,300]
    50    $101,200  of  this  appropriation  may  be
    51    transferred  to  the New York State Educa-
    52    tion Departments' Adult Career and Contin-
    53    uing Education Services - Vocational Reha-
    54    bilitation (ACCES-VR) program  to  support
    55    the  LongTerm Sheltered Employment program

        S. 10262                           45
 
     1    operated    by    FEDCAP    Rehabilitation
     2    Services, Inc.  (37805) ....... [6,396,000]    6,864,000
     3  For  other services and expenses provided to
     4    people  with  developmental   disabilities
     5    including  but not limited to hepatitis B,
     6    care at home  waiver,  epilepsy  services,
     7    Special Olympics New York, Inc. and volun-
     8    tary fingerprinting (37806) ... [1,640,000]    1,760,000
     9                                --------------
 
    10    §  13. Section 8 of chapter 98 of the laws of 2026, relating to making
    11  appropriations for the support of government, as amended by chapter  111
    12  of the laws of 2026, is amended to read as follows:
    13    §  8.  The  amounts  specified  in this section, or so much thereof as
    14  shall be sufficient to accomplish the  purposes  designated,  is  hereby
    15  appropriated  and  authorized to be paid as hereinafter provided, to the
    16  public officers and for the purposes specified, which  amount  shall  be
    17  available for the state fiscal year beginning April 1, 2026.
 
    18                      DEPARTMENT OF VETERANS' SERVICES
 
    19                              AID TO LOCALITIES
 
    20  BLIND VETERAN ANNUITY ASSISTANCE PROGRAM ....................... 385,000
    21                                                            --------------
 
    22    General Fund
    23    Local Assistance Account - 10000
 
    24  For  payment  of annuities to blind veterans
    25    and  eligible  surviving  spouses.  Up  to
    26    $15,000   of  this  appropriation  may  be
    27    transferred to state operations for admin-
    28    istrative  costs  associated   with   this
    29    program (54606) ................................ 385,000
    30                                              --------------
 
    31  VETERANS' BENEFITS ADVISING PROGRAM ............. [246,000]      264,000
    32                                              --------------
 
    33    Special Revenue Funds - Other
    34    Homeless Veterans Assistance Fund
    35    Homeless Veterans Assistance Account - 20204
 
    36  For  services  and expenses related to home-
    37    less veterans' housing (54815) .. [246,000]      264,000
    38                                --------------
 
    39    § 14. No expenditure may be made from any appropriation in  this  act,
    40  until  a  certificate of approval has been issued by the director of the
    41  budget and a copy of such certificate shall have  been  filed  with  the
    42  state  comptroller, the chairman of the senate finance committee and the
    43  chairman of the assembly ways and  means  committee  provided,  however,
    44  that  any  expenditures  from  any appropriation in this act made by the
    45  legislature or judiciary shall not require such certificate.

        S. 10262                           46
 
     1    § 15. All expenditures and disbursements made  against  the  appropri-
     2  ations in this act shall, upon final action by the legislature on appro-
     3  priation  bills submitted by the governor pursuant to article VII of the
     4  state constitution for the support of government for  the  state  fiscal
     5  year  beginning  April  1,  2026,  be  transferred by the comptroller as
     6  expenditures and disbursements to  such  appropriations  for  all  state
     7  departments and agencies, as applicable, in amounts equal to the amounts
     8  charged against the appropriations in this act for each such department,
     9  agency, and the legislature and the judiciary.
 
    10    §  16. Severability clause. If any clause, sentence, paragraph, subdi-
    11  vision, section or part of this act shall be adjudged by  any  court  of
    12  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    13  impair, or invalidate the remainder thereof, but shall  be  confined  in
    14  its  operation  to the clause, sentence, paragraph, subdivision, section
    15  or part thereof directly involved in the controversy in which such judg-
    16  ment shall have been rendered. It is hereby declared to be the intent of
    17  the legislature that this act would  have  been  enacted  even  if  such
    18  invalid provisions had not been included herein.
 
    19    §  17.  This  act shall take effect immediately and shall be deemed to
    20  have been in full force and effect on and after April 1, 2026; provided,
    21  however, that upon the transfer of expenditures and disbursements by the
    22  comptroller as provided in section fifteen of this  act,  the  appropri-
    23  ations  made  by  this  act  and subject to such section shall be deemed
    24  repealed.
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