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S10324 Summary:

BILL NOS10324
 
SAME ASSAME AS A11365
 
SPONSORSERRANO
 
COSPNSR
 
MLTSPNSR
 
Amd §§2 - 8, Chap 98 of 2026; amd §§4 & 5, Chap 102 of 2026; amd §§5 & 8, Chap 100 of 2026
 
Provides for emergency appropriation through May 18, 2026 for the support of government.
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S10324 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10324
 
                    IN SENATE
 
                                      May 14, 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  112
    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.
                                                                   LBD12041-01-6

        S. 10324                            2
 
     1    payrolls scheduled to be paid  during  the
     2    period  April  1 through May [14] 18, 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    .......................... [2,053,493,041] 2,053,518,041
    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  112
    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 [14] 18, 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 ............................ 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  112
    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. 10324                            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 [14] 18, 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 112
    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. 10324                            4
 
     1    period from April 1 through May  [14]  18,
     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  112
    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 ...................... [836,942,500] 1,311,390,500
    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) ...............
    38    ............................ [821,324,500] 1,295,772,500
 
    39                Project Schedule
    40  PROJECT                               AMOUNT
    41  --------------------------------------------
    42  For the  state's  contribution
    43    to the health insurance fund
    44    and deposit into the retiree
    45    health  benefit  trust  fund
    46    pursuant to section 99-aa of
    47    the state finance  law.  The
    48    state's  share of the health

        S. 10324                            5
 
     1    insurance  program dividends
     2    shall  be available  to  pay
     3    for   the premiums in  2026-
     4    27 .........................
     5    ............... [514,422,000]  982,761,000
     6  For  the  state's contribution
     7    to   the   social   security
     8    contribution fund ............ 192,500,000
     9  For   payments  to  the  state
    10    insurance fund for  workers'
    11    compensation   benefits  and
    12    other    related    workers'
    13    compensation  costs prior to
    14    or   after    they    become
    15    incurred  including  but not
    16    limited  to   the   benefits
    17    defined  in chapters 302 and
    18    303 of the laws of 1985 ....... 55,000,000
    19  For the  state's  contribution
    20    to   employee  benefit  fund
    21    programs ...................... 40,500,000
    22  For the  state's  contribution
    23    to the dental insurance plan
    24    ................. [7,415,000]   13,524,000
    25  For  the payment of the metro-
    26    politan commuter transporta-
    27    tion mobility  tax  pursuant
    28    to  article  23  of  the tax
    29    law, as added by chapter  25
    30    of  the  laws  of  2009,  on
    31    behalf of the state  employ-
    32    ees  employed  in the metro-
    33    politan commuter transporta-
    34    tion district .................. 7,680,000
    35  For  the  state's   share   of
    36    contributions  to the volun-
    37    tary  defined   contribution
    38    plan   made   on  behalf  of
    39    eligible employees  pursuant
    40    to  chapter  18  of the laws
    41    of 2012 who elect to partic-
    42    ipate in such plan  and  who
    43    are   not  otherwise  eligi-
    44    ble to  participate  in  the
    45    SUNY   optional   retirement
    46    program ........................ 1,063,500
    47  For reimbursement to the unem-
    48    ployment  insurance fund for
    49    payments made  to  claimants
    50    formerly employed   by   the
    51    state of New York .............. 2,000,000
    52  For  the  state's contribution
    53    to the vision care plan .......... 744,000
    54                                --------------
    55      Project schedule total ...

        S. 10324                            6
 
     1        .......... [821,324,500] 1,295,772,500
     2                 --------------
 
     3  For payments in accordance with section 19-a
     4    of the public lands law (80567) .............. 7,720,000
     5  For the payment in-lieu of taxes to the city
     6    of  Albany  for  certain  state-owned land
     7    pursuant to section  19-a  of  the  public
     8    lands law. Provided however, notwithstand-
     9    ing  paragraph  (4)  of subdivision 2-a of
    10    section 19-a of the public lands law, such
    11    funds may be paid prior to October 1, 2026
    12    (80567) ...................................... 7,720,000
    13  For payment of claims for damage to personal
    14    or real property or for bodily injuries or
    15    wrongful death caused by officers, employ-
    16    ees, or other authorized persons providing
    17    service to state government while  provid-
    18    ing such service, and the state university
    19    construction  fund while acting within the
    20    scope of their employment, and while oper-
    21    ating motor vehicles, and for any individ-
    22    uals operating motor  vehicles  which  are
    23    assigned  on  a permanent basis with unre-
    24    stricted use to state officers and employ-
    25    ees  when  the   person   is   permanently
    26    assigned the motor vehicle (80559) ............. 178,000
    27                                              --------------
 
    28    §  7. Section 5 of chapter 100 of the laws of 2026, relating to making
    29  appropriations for the support of government, as amended by chapter  112
    30  of the laws of 2026, is amended to read as follows:
    31    §  5.  The  amounts  specified  in this section, or so much thereof as
    32  shall be sufficient to accomplish the  purposes  designated,  is  hereby
    33  appropriated  and  authorized to be paid as hereinafter provided, to the
    34  public officers and for the purposes specified, which  amount  shall  be
    35  available for the state fiscal year beginning April 1, 2026.
 
    36                                  JUDICIARY
 
    37  For  the  purpose  of  making  payments  for
    38    personal  service,  including  liabilities
    39    incurred  prior  to  April 1, 2026, on the
    40    payrolls scheduled to be paid  during  the
    41    period  April  1 through May [14] 18, 2026
    42    to officers and employees of the judiciary
    43    ............................................ 269,000,000
    44  For the payment of state operations  nonper-
    45    sonal  service  liabilities,  the  sum  of
    46    thirty-six million dollars  ($36,000,000),
    47    or  so much thereof as shall be sufficient
    48    to accomplish the purpose  designated,  is
    49    hereby  appropriated  to the judiciary out
    50    of any moneys in the general fund or other
    51    funds to the credit of the state  purposes
    52    account  not  otherwise  appropriated. The

        S. 10324                            7
 
     1    comptroller  is  hereby   authorized   and
     2    directed to utilize this appropriation for
     3    the purpose of making payments for nonper-
     4    sonal  service liabilities incurred by the
     5    judiciary from April 1  through  May  [14]
     6    18, 2026 .................................... 36,000,000
     7  For the payment of aid to localities liabil-
     8    ities,   the  sum  of  twenty-two  million
     9    dollars ($22,000,000), or so much  thereof
    10    as  shall  be sufficient to accomplish the
    11    purpose designated, is hereby appropriated
    12    to the judiciary out of any moneys in  the
    13    general  fund or other funds to the credit
    14    of the state purposes account  not  other-
    15    wise   appropriated.  The  comptroller  is
    16    hereby authorized and directed to  utilize
    17    this  appropriation  for  the  purpose  of
    18    making  payments  for  aid  to  localities
    19    liabilities incurred by the judiciary from
    20    April 1 through May [14] 18, 2026 ........... 22,000,000
    21  For  the  payment of employee fringe benefit
    22    programs including, but  not  limited  to,
    23    the   judiciary's   contributions  to  the
    24    health  insurance  fund,  the   employees'
    25    retirement   system  pension  accumulation
    26    fund,  the  social  security  contribution
    27    fund,  employee benefit fund programs, the
    28    dental insurance  plan,  the  vision  care
    29    plan, the unemployment insurance fund, and
    30    for  workers'  compensation  benefits, the
    31    sum of one hundred fifteen  million  seven
    32    hundred     fifty     thousand     dollars
    33    ($115,750,000),  or  so  much  thereof  as
    34    shall  be  sufficient  to  accomplish  the
    35    purpose designated, is hereby appropriated
    36    to the judiciary out of any moneys in  the
    37    general  fund or other funds to the credit
    38    of the state purposes account  not  other-
    39    wise   appropriated.  The  comptroller  is
    40    hereby authorized and directed to  utilize
    41    this  appropriation  for  the  purpose  of
    42    making payments for employee fringe  bene-
    43    fit  liabilities incurred by the judiciary
    44    from April 1 through May [14] 18, 2026 ..... 115,750,000
    45                                              --------------
 
    46    § 8. Section 5 of chapter 98 of the laws of 2026, relating  to  making
    47  appropriations  for the support of government, as amended by chapter 112
    48  of the laws of 2026, is amended to read as follows:
    49    § 5. The amounts specified in this section,  or  so  much  thereof  as
    50  shall  be  sufficient  to  accomplish the purposes designated, is hereby
    51  appropriated and authorized to be paid as hereinafter provided,  to  the
    52  public  officers  and  for the purposes specified, which amount shall be
    53  available for the state fiscal year beginning April 1, 2026.
 
    54                            DEPARTMENT OF HEALTH

        S. 10324                            8

     1                              AID TO LOCALITIES
 
     2  CENTER FOR COMMUNITY HEALTH PROGRAM .......... [57,142,000]   60,352,000
     3                                              --------------
 
     4    General Fund
     5    Local Assistance Account - 10000
 
     6  For  services  and  expenses  related to the
     7    Indian health program pursuant to  a  plan
     8    prepared by the commissioner of health and
     9    approved  by  the  director of the budget.
    10    The moneys hereby  appropriated  shall  be
    11    for  payment of financial assistance here-
    12    tofore  accrued  or  hereafter  to  accrue
    13    (26840) ..................................... 10,062,000
    14                                              --------------
 
    15    Special Revenue Funds - Federal
    16    Federal USDA-Food and Nutrition Services Fund
    17    Federal Food and Nutrition Services Account - 25022

    18  For  various  federal  food  and nutritional
    19    services. The moneys  hereby  appropriated
    20    shall  be  available for payment of finan-
    21    cial assistance heretofore accrued (26986)
    22    .............................. [47,080,000]   50,290,000
    23                                --------------
 
    24  CHILD HEALTH INSURANCE PROGRAM ............................. 212,950,000
    25                                                            --------------
 
    26    Special Revenue Funds - Other
    27    HCRA Resources Fund
    28    Children's Health Insurance Account - 20810
 
    29  The money hereby appropriated  is  available
    30    for  payment  of aid heretofore accrued or
    31    hereafter accrued.
    32  Notwithstanding any other provision of  law,
    33    the   money  hereby  appropriated  may  be
    34    increased  or  decreased  by  transfer  or
    35    suballocation  to  appropriations  of  the
    36    office of temporary and disability assist-
    37    ance,  for  the  reimbursement  of   local
    38    district  administrative  costs related to
    39    children newly enrolled in medicaid  whose
    40    household  income  is  between 100 percent
    41    and 133 percent  of  the  federal  poverty
    42    level.
    43  Notwithstanding  any provision of law to the
    44    contrary, the amounts appropriated  herein
    45    shall   be   net   of   refunds,  rebates,
    46    reimbursements,    credits,    repayments,
    47    and/or disallowances.

        S. 10324                            9
 
     1  For  services  and  expenses  related to the
     2    children's   health   insurance    program
     3    authorized  pursuant to title 1-A of arti-
     4    cle 25 of the public health law (26931) .... 212,950,000
     5                                              --------------

     6  ELDERLY PHARMACEUTICAL INSURANCE COVERAGE PROGRAM ............ 1,800,000
     7                                                            --------------
 
     8    Special Revenue Funds - Other
     9    HCRA Resources Fund
    10    EPIC Premium Account - 20818
 
    11  For services and expenses of the program for
    12    elderly pharmaceutical insurance coverage,
    13    including  reimbursement   to   pharmacies
    14    participating in such program.  The moneys
    15    hereby appropriated shall be available for
    16    payment of financial assistance heretofore
    17    accrued (26803) .............................. 1,800,000
    18                                              --------------
 
    19  ESSENTIAL PLAN PROGRAM ................................... 1,150,000,000
    20                                                            --------------
 
    21    Special Revenue Funds - Federal
    22    Federal Health and Human Services Fund
    23    Essential Plan Account - 25186
 
    24  For  services  and  expenses  related to the
    25    essential  plan  program,  in   accordance
    26    State Innovation Waiver provisions author-
    27    ized   by  Section  1332  of  the  federal
    28    patient  protection  and  affordable  care
    29    act.
    30  Notwithstanding  any  inconsistent provision
    31    of law, the moneys hereby appropriated may
    32    be increased or decreased  by  interchange
    33    or  transfer with any appropriation of the
    34    department of health or  for  transfer  to
    35    Health Research Incorporated (HRI).
    36  Notwithstanding  any provision of law to the
    37    contrary, the amounts appropriated  herein
    38    shall   be   net   of   refunds,  rebates,
    39    reimbursements,    credits,    repayments,
    40    and/or disallowances.
    41  The  money  hereby appropriated is available
    42    for payment of aid heretofore  accrued  or
    43    hereafter accrued (59054) ................ 1,150,000,000
    44                                              --------------
 
    45  MEDICAL ASSISTANCE PROGRAM .............................. 12,369,631,000
    46                                                            --------------
 
    47    General Fund
    48    Local Assistance Account - 10000

        S. 10324                           10
 
     1  For  the medical assistance program, includ-
     2    ing  administrative  expenses,  for  local
     3    social services districts, and for medical
     4    care rates for authorized child care agen-
     5    cies.
     6  Notwithstanding  section  40  of  the  state
     7    finance law or any provision of law to the
     8    contrary,  subject  to  federal  approval,
     9    department  of health state funds medicaid
    10    spending, excluding payments  for  medical
    11    services   provided  at  state  facilities
    12    operated by the office of  mental  health,
    13    the  office  for people with developmental
    14    disabilities and the office  of  addiction
    15    services  and supports and further exclud-
    16    ing any payments which are  not  appropri-
    17    ated  within  the department of health, in
    18    the aggregate, for  the  period  April  1,
    19    2026  through  March  31,  2027, shall not
    20    exceed $36,099,200,000 except as  provided
    21    below  provided,  however,  such aggregate
    22    limits may be adjusted by the director  of
    23    the  budget  to account for any changes in
    24    the New York state federal medical assist-
    25    ance percentage amount established  pursu-
    26    ant  to  the  federal social security act,
    27    increases in provider revenues, reductions
    28    in local social services district payments
    29    for  medical  assistance   administration,
    30    minimum   wage  increases,  and  beginning
    31    April 1, 2012 the operational costs of the
    32    New York  state  medical  indemnity  fund,
    33    pursuant  to  chapter  59  of  the laws of
    34    2011, and state costs or savings from  the
    35    essential  plan  program. Such projections
    36    may be adjusted by  the  director  of  the
    37    budget  to  account for increased or expe-
    38    dited department  of  health  state  funds
    39    medicaid  expenditures  as  a  result of a
    40    natural or other type of disaster, includ-
    41    ing a governmental declaration of emergen-
    42    cy.
    43  The director of the budget, in  consultation
    44    with  the  commissioner  of  health, shall
    45    assess on  a  quarterly  basis  known  and
    46    projected medicaid expenditures by catego-
    47    ry of service and by geographic region, as
    48    defined by the commissioner, incurred both
    49    prior to and subsequent to such assessment
    50    for  each such period, and if the director
    51    of the budget determines that such expend-
    52    itures  are  expected  to  cause  medicaid
    53    spending  for  such  period  to exceed the
    54    aggregate limit specified herein for  such
    55    period,  the  state  medicaid director, in
    56    consultation  with  the  director  of  the

        S. 10324                           11
 
     1    budget  and  the  commissioner  of health,
     2    shall develop  a  medicaid  savings  allo-
     3    cation  adjustment  to limit such spending
     4    to  the  aggregate  limit specified herein
     5    for such period.
     6  Such medicaid savings allocation  adjustment
     7    shall  be designed, to reduce the expendi-
     8    tures  authorized  by  the  appropriations
     9    herein  in  compliance  with the following
    10    guidelines: (1) reductions shall  be  made
    11    in compliance with applicable federal law,
    12    including  the  provisions  of the Patient
    13    Protection and Affordable Care Act, Public
    14    Law No. 111-148, and the Health  Care  and
    15    Education   Reconciliation  Act  of  2010,
    16    Public  Law  No.   111-152   (collectively
    17    "Affordable  Care Act") and any subsequent
    18    amendments thereto or regulations  promul-
    19    gated  thereunder; (2) reductions shall be
    20    made in a manner that  complies  with  the
    21    state medicaid plan approved by the feder-
    22    al   centers  for  medicare  and  medicaid
    23    services,  provided,  however,  that   the
    24    commissioner  of  health  is authorized to
    25    submit any state plan  amendment  or  seek
    26    other  federal  approval, including waiver
    27    authority, to implement the provisions  of
    28    the medicaid savings allocation adjustment
    29    that  meets  the  other criteria set forth
    30    herein; (3) reductions shall be made in  a
    31    manner  that  maximizes  federal financial
    32    participation, to the extent  practicable,
    33    including  any  federal  financial partic-
    34    ipation that is available or is reasonably
    35    expected  to  become  available,  in   the
    36    discretion  of the commissioner, under the
    37    Affordable Care Act; (4) reductions  shall
    38    be  made  uniformly  among  categories  of
    39    services and  geographic  regions  of  the
    40    state,  to  the  extent  practicable,  and
    41    shall be made uniformly within a  category
    42    of  service,  to  the  extent practicable,
    43    except where the  commissioner  determines
    44    that  there  are  sufficient  grounds  for
    45    non-uniformity, including but not  limited
    46    to:  the  extent to which specific catego-
    47    ries of services contributed to department
    48    of health medicaid state funds spending in
    49    excess of the limits specified herein; the
    50    need to maintain safety  net  services  in
    51    underserved  communities; or the potential
    52    benefits of  pursuing  innovative  payment
    53    models contemplated by the Affordable Care
    54    Act,  in  which case such grounds shall be
    55    set forth in the  medicaid  savings  allo-
    56    cation   adjustment;  and  (5)  reductions

        S. 10324                           12
 
     1    shall be made in a manner  that  does  not
     2    unnecessarily     create    administrative
     3    burdens to medicaid applicants and recipi-
     4    ents or providers.
     5  The commissioner shall seek the input of the
     6    legislature,   as  well  as  organizations
     7    representing   health   care    providers,
     8    consumers,   businesses,  workers,  health
     9    insurers, and others with relevant  exper-
    10    tise,  in developing such medicaid savings
    11    allocation adjustment, to the extent  that
    12    all  or  part  of  such adjustment, in the
    13    discretion of the commissioner, is  likely
    14    to  have  a material impact on the overall
    15    medicaid program, particular categories of
    16    service or particular  geographic  regions
    17    of the state.
    18  (a) The commissioner shall post the medicaid
    19    savings   allocation   adjustment  on  the
    20    department of health's website  and  shall
    21    provide  written copies of such adjustment
    22    to the chairs of the  senate  finance  and
    23    the  assembly ways and means committees at
    24    least 30 days before  the  date  on  which
    25    implementation is expected to begin.
    26  (b) The commissioner may revise the medicaid
    27    savings  allocation  adjustment subsequent
    28    to the provisions of notice and  prior  to
    29    implementation  but needs to provide a new
    30    notice pursuant  to  subparagraph  (i)  of
    31    this  paragraph  only  if the commissioner
    32    determines, in his or her discretion, that
    33    such  revisions   materially   alter   the
    34    adjustment.
    35  Notwithstanding the provisions of paragraphs
    36    (a)  and  (b)  of  this  subdivision,  the
    37    commissioner  need  not  seek  the   input
    38    described  in paragraph (a) of this subdi-
    39    vision or provide notice pursuant to para-
    40    graph (b) of this subdivision if,  in  the
    41    discretion  of the commissioner, expedited
    42    development and implementation of a  medi-
    43    caid   savings  allocation  adjustment  is
    44    necessary due to a public health  emergen-
    45    cy.
    46  For  purposes  of  this  section,  a  public
    47    health emergency  is  defined  as:  (i)  a
    48    disaster,   natural   or  otherwise,  that
    49    significantly increases the immediate need
    50    for health care personnel in  an  area  of
    51    the state; (ii) an event or condition that
    52    creates a widespread risk of exposure to a
    53    serious   communicable   disease,  or  the
    54    potential  for  such  widespread  risk  of
    55    exposure;  or  (iii)  any  other  event or
    56    condition determined by  the  commissioner

        S. 10324                           13
 
     1    to constitute an imminent threat to public
     2    health.
     3  Nothing in this paragraph shall be deemed to
     4    prevent  all  or  part  of  such  medicaid
     5    savings allocation adjustment from  taking
     6    effect retroactively to the extent permit-
     7    ted  by  the  federal centers for medicare
     8    and medicaid services.
     9  In  accordance  with  the  medicaid  savings
    10    allocation adjustment, the commissioner of
    11    the  department  of  health  shall  reduce
    12    department of health state funds  medicaid
    13    spending  by  the  amount of the projected
    14    overspending through,  actions  including,
    15    but not limited to modifying or suspending
    16    reimbursement  methods,  including but not
    17    limited to all fees,  premium  levels  and
    18    rates   of  payment,  notwithstanding  any
    19    provision of  law  that  sets  a  specific
    20    amount   or   methodology   for  any  such
    21    payments or rates of payment; modifying or
    22    discontinuing medicaid  program  benefits;
    23    seeking  all  necessary federal approvals,
    24    including, but  not  limited  to  waivers,
    25    waiver  amendments;  and  suspending  time
    26    frames for  notice,  approval  or  certif-
    27    ication  of  rate  requirements,  notwith-
    28    standing any provision  of  law,  rule  or
    29    regulation  to the contrary, including but
    30    not limited to sections 2807 and  3614  of
    31    the public health law, section 18 of chap-
    32    ter  2  of  the laws of 1988, and 18 NYCRR
    33    505.14(h).
    34  The department of  health  shall  prepare  a
    35    quarterly  report  that  sets  forth:  (a)
    36    known and projected department  of  health
    37    medicaid   expenditures  as  described  in
    38    subdivision  (1)  of  this  section,   and
    39    factors  that  could  result  in  medicaid
    40    disbursements  for  the   relevant   state
    41    fiscal   year   to  exceed  the  projected
    42    department of health state funds disburse-
    43    ments in the enacted budget financial plan
    44    pursuant to subdivision 3 of section 23 of
    45    the state finance law, including  spending
    46    increases  or decreases due to: enrollment
    47    fluctuations,  rate  changes,  utilization
    48    changes,  MRT  investments,  and  shift of
    49    beneficiaries to managed care;  and  vari-
    50    ations  in  offline medicaid payments; and
    51    (b) the actions  taken  to  implement  any
    52    medicaid   savings  allocation  adjustment
    53    implemented pursuant to subdivision (4) of
    54    this   section,   including    information
    55    concerning  the  impact of such actions on
    56    each  category   of   service   and   each

        S. 10324                           14
 
     1    geographic  region of the state. Each such
     2    quarterly report shall be provided to  the
     3    chairs  of  the  senate  finance  and  the
     4    assembly  ways  and  means  committees and
     5    shall  be  posted  on  the  department  of
     6    health's website in a timely manner.
     7  The  money  hereby  appropriated  is  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 to the contrary, funds may be  used
    19    by   the   department  for  outside  legal
    20    assistance on issues involving the federal
    21    government, the  conduct  of  preadmission
    22    screening   and  annual  resident  reviews
    23    required by the state's medicaid  program,
    24    computer  matching with insurance carriers
    25    to insure that medicaid is  the  payer  of
    26    last  resort and activities related to the
    27    management of the pharmacy benefit  avail-
    28    able under the medicaid program.
    29  Notwithstanding  any  inconsistent provision
    30    of law, in lieu of payments authorized  by
    31    the  social  services  law, or payments of
    32    federal funds otherwise due to  the  local
    33    social  services  districts  for  programs
    34    provided under the federal social security
    35    act or the federal food stamp  act,  funds
    36    herein  appropriated, in amounts certified
    37    by the state commissioner of temporary and
    38    disability assistance or the state commis-
    39    sioner of health as due from local  social
    40    services  districts  each  month  as their
    41    share of payments made pursuant to section
    42    367-b of the social services  law  may  be
    43    set  aside  by the state comptroller in an
    44    interest-bearing  account  in   order   to
    45    ensure  the  orderly and prompt payment of
    46    providers  under  section  367-b  of   the
    47    social  services  law pursuant to an esti-
    48    mate  provided  by  the  commissioner   of
    49    health   of  each  local  social  services
    50    district's share of payments made pursuant
    51    to section 367-b of  the  social  services
    52    law.
    53  Notwithstanding  any  inconsistent provision
    54    of law, funding made  available  by  these
    55    appropriations shall support direct salary
    56    costs  and  related fringe benefits within

        S. 10324                           15
 
     1    the medical assistance program  associated
     2    with  any minimum wage increase that takes
     3    effect  during  the  timeframe  of   these
     4    appropriations, pursuant to section 652 of
     5    the  labor law. Each eligible organization
     6    in receipt of funding  made  available  by
     7    these  appropriations  may  be required to
     8    submit written certification, in such form
     9    and at  such  time  the  commissioner  may
    10    prescribe,  attesting  to the total amount
    11    of funds used by  the  eligible  organiza-
    12    tion, how such funding will be or was used
    13    for  purposes  eligible under these appro-
    14    priations and any other  reporting  deemed
    15    necessary by the commissioner. The amounts
    16    appropriated  herein  may include advances
    17    to  organizations  authorized  to  receive
    18    such funds to accomplish this purpose.
    19  Notwithstanding  any other provision of law,
    20    the  money  hereby  appropriated  may   be
    21    increased  or  decreased by interchange or
    22    transfer, with any  appropriation  of  the
    23    department  of  health  and  the office of
    24    medicaid  inspector  general  and  may  be
    25    increased  or  decreased  by  transfer  or
    26    suballocation between  these  appropriated
    27    amounts  and appropriations of the depart-
    28    ment of health state purpose account,  the
    29    office of mental health, office for people
    30    with   developmental   disabilities,   the
    31    office of addiction services and supports,
    32    the department of family assistance office
    33    of temporary  and  disability  assistance,
    34    the department of corrections and communi-
    35    ty  supervision, the office of information
    36    technology services, the state  university
    37    of  New  York,  and office of children and
    38    family services, the  office  of  medicaid
    39    inspector  general,  the  state  education
    40    department, and the state office  for  the
    41    aging with the approval of the director of
    42    the  budget,  who shall file such approval
    43    with the department of audit  and  control
    44    and  copies  thereof  with the chairman of
    45    the  senate  finance  committee  and   the
    46    chairman  of  the  assembly ways and means
    47    committee.
    48  Notwithstanding any  inconsistent  provision
    49    of  law to the contrary, the moneys hereby
    50    appropriated may be used for  payments  to
    51    the  centers  for  medicaid  and  medicare
    52    services for obligations incurred  related
    53    to  the  pharmaceutical  costs  of  dually
    54    eligible  medicare/medicaid  beneficiaries
    55    participating in the medicare drug benefit
    56    authorized by P.L. 108-173.

        S. 10324                           16
 
     1  Notwithstanding  any  inconsistent provision
     2    of law,  the  moneys  hereby  appropriated
     3    shall  not be used for any existing rates,
     4    fees, fee schedule,  or  procedures  which
     5    may  affect  the cost of care and services
     6    provided by personal care providers,  case
     7    managers,   health  maintenance  organiza-
     8    tions, out  of  state  medical  facilities
     9    which  provide  care and services to resi-
    10    dents of the state, providers of transpor-
    11    tation   services,   that   are   altered,
    12    amended,  adjusted or otherwise changed by
    13    a local social  services  district  unless
    14    previously  approved  by the department of
    15    health and the director of the budget.
    16  Notwithstanding any  inconsistent  provision
    17    of  law  to  the  contrary, funds shall be
    18    made available to the commissioner of  the
    19    office of mental health or the commission-
    20    er of the office of addiction services and
    21    supports, in consultation with the commis-
    22    sioner  of  health  and  approved  by  the
    23    director of  the  budget,  and  consistent
    24    with   appropriations  made  therefor,  to
    25    implement allocation adjustment  developed
    26    by  each  such  commissioner  which  shall
    27    describe mental health  or  substance  use
    28    disorder services that should be developed
    29    to  meet  service needs resulting from the
    30    reduction of inpatient  behavioral  health
    31    services   provided   under  the  medicaid
    32    program, by programs licensed pursuant  to
    33    article  31  or  32  of the mental hygiene
    34    law. Such programs  may  include  programs
    35    that are licensed pursuant to both article
    36    31  of  the mental hygiene law and article
    37    28 of the public health law, or  certified
    38    under   both  article  32  of  the  mental
    39    hygiene law and article 28 of  the  public
    40    health law.
    41  Notwithstanding  any  inconsistent provision
    42    of law, the moneys hereby appropriated may
    43    be available for payments associated  with
    44    the  resolution by settlement agreement or
    45    judgment of rate appeals and/or litigation
    46    where the department of health is a party.
    47  For services and  expenses  of  the  medical
    48    assistance   program   including  hospital
    49    inpatient services and  general  hospitals
    50    that  are safety-net providers that evince
    51    severe  financial  distress,  pursuant  to
    52    criteria  determined  by the commissioner,
    53    shall be eligible for awards  for  amounts
    54    appropriated   herein,   to   enable  such
    55    providers to maintain operations and vital
    56    services  while  establishing  long   term

        S. 10324                           17
 
     1    solutions  to  achieve  sustainable health
     2    services.
     3  Notwithstanding  any inconsistent provisions
     4    of law, no expenditures shall be used  for
     5    the  medical  assistance  program  for any
     6    expenses not explicitly authorized in  law
     7    without  the  approval  of the director of
     8    the budget.
     9  Notwithstanding any provision of law to  the
    10    contrary,  the  portion  of this appropri-
    11    ation covering fiscal year  2026-27  shall
    12    supersede  and replace any duplicative (i)
    13    reappropriation  for  this  item  covering
    14    fiscal  year  2026-27,  and (ii) appropri-
    15    ation for this item covering  fiscal  year
    16    2026-27  set  forth  in  chapter 53 of the
    17    laws of 2025 (26947) ....................... 169,666,000
    18  For services and  expenses  of  the  medical
    19    assistance   program   including  hospital
    20    outpatient and emergency room services.
    21  Notwithstanding any provision of law to  the
    22    contrary,  the  portion  of this appropri-
    23    ation covering fiscal year  2026-27  shall
    24    supersede  and replace any duplicative (i)
    25    reappropriation  for  this  item  covering
    26    fiscal  year  2026-27,  and (ii) appropri-
    27    ation for this item covering  fiscal  year
    28    2026-27  set  forth  in  chapter 53 of the
    29    laws of 2025 (26948) ........................ 50,743,000
    30  For services and  expenses  of  the  medical
    31    assistance    program   including   clinic
    32    services.
    33  Notwithstanding any provision of law to  the
    34    contrary,  the  portion  of this appropri-
    35    ation covering fiscal year  2026-27  shall
    36    supersede  and replace any duplicative (i)
    37    reappropriation  for  this  item  covering
    38    fiscal  year  2026-27,  and (ii) appropri-
    39    ation for this item covering  fiscal  year
    40    2026-27  set  forth  in  chapter 53 of the
    41    laws of 2025 (26949) ........................ 99,386,000
    42  For services and  expenses  of  the  medical
    43    assistance  program including nursing home
    44    services.
    45  Notwithstanding any provision of law to  the
    46    contrary,  the  portion  of this appropri-
    47    ation covering fiscal year  2026-27  shall
    48    supersede  and replace any duplicative (i)
    49    reappropriation  for  this  item  covering
    50    fiscal  year  2026-27,  and (ii) appropri-
    51    ation for this item covering  fiscal  year
    52    2026-27  set  forth  in  chapter 53 of the
    53    laws of 2025 (26950) ....................... 249,795,000
    54  For services and  expenses  of  the  medical
    55    assistance  program  including  other long
    56    term care services.

        S. 10324                           18
 
     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 (26951) ..................... 1,189,902,000
    10  For  services  and  expenses  of the medical
    11    assistance program including managed  care
    12    services   including   regional   planning
    13    activities  of  the  finger  lakes  health
    14    systems  agency, including statewide coor-
    15    dination and demonstration of  best  prac-
    16    tices.  The  department  shall make grants
    17    within amounts appropriated  therefor,  to
    18    assure high-quality and accessible primary
    19    care,  to  provide technical assistance to
    20    support financial  and  business  planning
    21    for  integrated  systems  of  care, and to
    22    assist  primary  care  providers  in   the
    23    adoption,  implementation,  and meaningful
    24    use of electronic health record  technolo-
    25    gy.
    26  Notwithstanding  any provision of law to the
    27    contrary, the portion  of  this  appropri-
    28    ation  covering  fiscal year 2026-27 shall
    29    supersede and replace any duplicative  (i)
    30    reappropriation  for  this  item  covering
    31    fiscal year 2026-27,  and  (ii)  appropri-
    32    ation  for  this item covering fiscal year
    33    2026-27 set forth in  chapter  53  of  the
    34    laws of 2025 (26952) ..................... 1,089,970,000
    35  For  services  and expenses for health homes
    36    including grants to health homes.
    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 (29548) ........................ 26,390,000
    46  For services and  expenses  of  the  medical
    47    assistance   program   including  pharmacy
    48    services provided, however, that no  funds
    49    shall  be  made available pursuant to this
    50    appropriation for any drug not  explicitly
    51    authorized  in  any  enacted law, rule, or
    52    regulation  without  approval   from   the
    53    director of the budget.
    54  Notwithstanding  any provision of law to the
    55    contrary, the portion  of  this  appropri-
    56    ation  covering  fiscal year 2026-27 shall

        S. 10324                           19
 
     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 (26953) ....................... 503,482,000
     7  For  services  and  expenses  of the medical
     8    assistance program  including  transporta-
     9    tion 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 (26954) ........................ 72,324,000
    19  For  services  and  expenses  of the medical
    20    assistance   program   including    dental
    21    services.
    22  Notwithstanding  any provision of law to the
    23    contrary, the portion  of  this  appropri-
    24    ation  covering  fiscal year 2026-27 shall
    25    supersede and replace any duplicative  (i)
    26    reappropriation  for  this  item  covering
    27    fiscal year 2026-27,  and  (ii)  appropri-
    28    ation  for  this item covering fiscal year
    29    2026-27 set forth in  chapter  53  of  the
    30    laws of 2025 (26955) ........................... 553,000
    31  For  services  and  expenses  of the medical
    32    assistance program including  non-institu-
    33    tional and other spending.
    34  The  money  hereby appropriated is available
    35    for  payment  of  liabilities   heretofore
    36    accrued or hereafter accrued.
    37  Notwithstanding  any  inconsistent provision
    38    of law, the money hereby appropriated  may
    39    be available for payments to any county or
    40    public  school  districts  associated with
    41    additional claims  for  school  supportive
    42    health services.
    43  Notwithstanding  any provision of law to the
    44    contrary, the portion  of  this  appropri-
    45    ation  covering  fiscal year 2026-27 shall
    46    supersede and replace any duplicative  (i)
    47    reappropriation  for  this  item  covering
    48    fiscal year 2026-27,  and  (ii)  appropri-
    49    ation  for  this item covering fiscal year
    50    2026-27 set forth in  chapter  53  of  the
    51    laws of 2025 (26956) ....................... 144,228,000
    52  For  services  and  expenses  of the medical
    53    assistance   program   including   medical
    54    services   provided  at  state  facilities
    55    operated by the office of  mental  health,
    56    the  office  for people with developmental

        S. 10324                           20
 
     1    disabilities and the office  of  addiction
     2    services and supports.
     3  Notwithstanding  any provision of law to the
     4    contrary, the portion  of  this  appropri-
     5    ation  covering  fiscal year 2026-27 shall
     6    supersede and replace any duplicative  (i)
     7    reappropriation  for  this  item  covering
     8    fiscal year 2026-27,  and  (ii)  appropri-
     9    ation  for  this item covering fiscal year
    10    2026-27 set forth in  chapter  53  of  the
    11    laws of 2025 (26961) ....................... 673,078,000
    12                                              --------------
 
    13    Special Revenue Funds - Federal
    14    Federal Health and Human Services Fund
    15    Medicaid Direct Account - 25106
 
    16  For  services  and  expenses for the medical
    17    assistance program, including  administra-
    18    tive  expenses  for  local social services
    19    districts, pursuant to title  XIX  of  the
    20    federal social security act or its succes-
    21    sor program.
    22  The  moneys  hereby  appropriated  are to be
    23    available for payment  of  aid  heretofore
    24    accrued  or  hereafter  accrued to munici-
    25    palities,  and  to  providers  of  medical
    26    services  pursuant to section 367-b of the
    27    social services law, and  for  payment  of
    28    state aid to municipalities and to provid-
    29    ers  of  family care where payment systems
    30    through the fiscal intermediaries are  not
    31    operational.
    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.

        S. 10324                           21
 
     1  Notwithstanding  any other provision of law,
     2    the  money  hereby  appropriated  may   be
     3    increased  or  decreased by interchange or
     4    transfer, with any  appropriation  of  the
     5    department  of  health  and  the office of
     6    medicaid  inspector  general  and  may  be
     7    increased  or  decreased  by  transfer  or
     8    suballocation between  these  appropriated
     9    amounts  and  appropriations of the office
    10    of mental health, office for  people  with
    11    developmental  disabilities, the office of
    12    addiction  services  and   supports,   the
    13    department  of family assistance office of
    14    temporary   and   disability   assistance,
    15    office  of  children  and family services,
    16    the  department  of  financial   services,
    17    department  of  corrections  and community
    18    supervision,  the  office  of  information
    19    technology  services, the state university
    20    of New York, the state  education  depart-
    21    ment,  and  the state office for the aging
    22    with the approval of the director  of  the
    23    budget,  who shall file such approval with
    24    the department of audit  and  control  and
    25    copies  thereof  with  the chairman of the
    26    senate finance committee and the  chairman
    27    of the assembly ways and means committee.
    28  Notwithstanding  any  inconsistent provision
    29    of law, in lieu of payments authorized  by
    30    the  social  services  law, or payments of
    31    federal funds otherwise due to  the  local
    32    social  services  districts  for  programs
    33    provided under the federal social security
    34    act or the federal food stamp  act,  funds
    35    herein  appropriated, in amounts certified
    36    by the state commissioner of temporary and
    37    disability assistance or the state commis-
    38    sioner of health as due from local  social
    39    services  districts  each  month  as their
    40    share of payments made pursuant to section
    41    367-b of the social services  law  may  be
    42    set  aside  by the state comptroller in an
    43    interest-bearing  account  in   order   to
    44    ensure  the  orderly and prompt payment of
    45    providers  under  section  367-b  of   the
    46    social  services  law pursuant to an esti-
    47    mate  provided  by  the  commissioner   of
    48    health   of  each  local  social  services
    49    district's share of payments made pursuant
    50    to section 367-b of  the  social  services
    51    law.
    52  Notwithstanding  any  inconsistent provision
    53    of law to the  contrary,  funds  shall  be
    54    made  available to the commissioner of the
    55    office of mental health or the commission-
    56    er of the office of addiction services and

        S. 10324                           22
 
     1    supports, in consultation with the commis-
     2    sioner  of  health  and  approved  by  the
     3    director  of  the  budget,  and consistent
     4    with   appropriations  made  therefor,  to
     5    implement allocation adjustment  developed
     6    by  each  such  commissioner  which  shall
     7    describe mental health  or  substance  use
     8    disorder services that should be developed
     9    to  meet  service needs resulting from the
    10    reduction of inpatient  behavioral  health
    11    services   provided   under  the  medicaid
    12    program, by programs licensed pursuant  to
    13    article  31  or  32  of the mental hygiene
    14    law. Such programs  may  include  programs
    15    that are licensed pursuant to both article
    16    31  of  the mental hygiene law and article
    17    28 of the public health law, or  certified
    18    under   both  article  32  of  the  mental
    19    hygiene law and article 28 of  the  public
    20    health law.
    21  Notwithstanding  any  inconsistent provision
    22    of law, the moneys hereby appropriated may
    23    be available for payments associated  with
    24    the  resolution by settlement agreement or
    25    judgment of rate appeals and/or litigation
    26    where the department of health is a party.
    27  Notwithstanding any inconsistent  provisions
    28    of  law, no expenditures shall be used for
    29    the medical  assistance  program  for  any
    30    expenses  not explicitly authorized in law
    31    without the approval of  the  director  of
    32    the budget.
    33  For  services  and  expenses  of the medical
    34    assistance  program   including   hospital
    35    inpatient services.
    36  Notwithstanding  any provision of law to the
    37    contrary, the portion  of  this  appropri-
    38    ation  covering  fiscal year 2026-27 shall
    39    supersede and replace any duplicative  (i)
    40    reappropriation  for  this  item  covering
    41    fiscal year 2026-27,  and  (ii)  appropri-
    42    ation  for  this item covering fiscal year
    43    2026-27 set forth in  chapter  53  of  the
    44    laws of 2025 (26947) ....................... 455,310,000
    45  For  services  and  expenses  of the medical
    46    assistance  program   including   hospital
    47    outpatient and emergency room services.
    48  Notwithstanding  any provision of law to the
    49    contrary, the portion  of  this  appropri-
    50    ation  covering  fiscal year 2026-27 shall
    51    supersede and replace any duplicative  (i)
    52    reappropriation  for  this  item  covering
    53    fiscal year 2026-27,  and  (ii)  appropri-
    54    ation  for  this item covering fiscal year
    55    2026-27 set forth in  chapter  53  of  the
    56    laws of 2025 (26948) ........................ 81,144,000

        S. 10324                           23
 
     1  For  services  and  expenses  of the medical
     2    assistance   program   including    clinic
     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 (26949) ....................... 131,382,000
    13  For  services  and  expenses  of the medical
    14    assistance program including nursing  home
    15    services.
    16  Notwithstanding  any provision of law to the
    17    contrary, the portion  of  this  appropri-
    18    ation  covering  fiscal year 2026-27 shall
    19    supersede and replace any duplicative  (i)
    20    reappropriation  for  this  item  covering
    21    fiscal year 2026-27,  and  (ii)  appropri-
    22    ation  for  this item covering fiscal year
    23    2026-27 set forth in  chapter  53  of  the
    24    laws of 2025 (26950) ....................... 676,440,000
    25  For  services  and  expenses  of the medical
    26    assistance program  including  other  long
    27    term care services.
    28  Notwithstanding  any provision of law to the
    29    contrary, the portion  of  this  appropri-
    30    ation  covering  fiscal year 2026-27 shall
    31    supersede and replace any duplicative  (i)
    32    reappropriation  for  this  item  covering
    33    fiscal year 2026-27,  and  (ii)  appropri-
    34    ation  for  this item covering fiscal year
    35    2026-27 set forth in  chapter  53  of  the
    36    laws of 2025 (26951) ..................... 1,929,654,000
    37  For  services  and  expenses  of the medical
    38    assistance program including managed  care
    39    services   including   regional   planning
    40    activities  of  the  finger  lakes  health
    41    systems  agency, including statewide coor-
    42    dination and demonstration of  best  prac-
    43    tices.  The  department  shall make grants
    44    within amounts appropriated  therefor,  to
    45    assure high-quality and accessible primary
    46    care,  to  provide technical assistance to
    47    support financial  and  business  planning
    48    for  integrated  systems  of  care, and to
    49    assist  primary  care  providers  in   the
    50    adoption,  implementation,  and meaningful
    51    use of electronic health record  technolo-
    52    gy.
    53  Notwithstanding  any  inconsistent provision
    54    of law, rule, or regulation to the contra-
    55    ry, funds appropriated herein shall not be

        S. 10324                           24
 
     1    subject to  article  6  of  the  financial
     2    services law.
     3  Notwithstanding  any  inconsistent provision
     4    of law, rule, or regulation to the contra-
     5    ry, funds appropriated herein  shall  only
     6    be  made  available  for  applied behavior
     7    analysis services  if  such  services  are
     8    recommended  by  a  health  care or mental
     9    health care practitioner authorized  under
    10    title  eight  of the education law who has
    11    been designated  as  an  applied  behavior
    12    analysis  center of excellence provider by
    13    the commissioner of health.
    14  Notwithstanding any provision of law to  the
    15    contrary,  the  portion  of this appropri-
    16    ation covering fiscal year  2026-27  shall
    17    supersede  and replace any duplicative (i)
    18    reappropriation  for  this  item  covering
    19    fiscal  year  2026-27,  and (ii) appropri-
    20    ation for this item covering  fiscal  year
    21    2026-27  set  forth  in  chapter 53 of the
    22    laws of 2025 (26952) ..................... 2,354,808,000
    23  For services and  expenses  of  the  medical
    24    assistance   program   including  pharmacy
    25    services, provided, however, that no funds
    26    shall be made available pursuant  to  this
    27    appropriation  for any drug not explicitly
    28    authorized in any heretofore enacted  law,
    29    rule,  or regulation without approval from
    30    the director of the budget.
    31  Notwithstanding any provision of law to  the
    32    contrary,  the  portion  of this appropri-
    33    ation covering fiscal year  2026-27  shall
    34    supersede  and replace any duplicative (i)
    35    reappropriation  for  this  item  covering
    36    fiscal  year  2026-27,  and (ii) appropri-
    37    ation for this item covering  fiscal  year
    38    2026-27  set  forth  in  chapter 53 of the
    39    laws of 2025 (26953) ....................... 709,314,000
    40  For services and  expenses  of  the  medical
    41    assistance  program  including transporta-
    42    tion services.
    43  Notwithstanding any provision of law to  the
    44    contrary,  the  portion  of this appropri-
    45    ation covering fiscal year  2026-27  shall
    46    supersede  and replace any duplicative (i)
    47    reappropriation  for  this  item  covering
    48    fiscal  year  2026-27,  and (ii) appropri-
    49    ation for this item covering  fiscal  year
    50    2026-27  set  forth  in  chapter 53 of the
    51    laws of 2025 (26954) ........................ 95,292,000
    52  For services and  expenses  of  the  medical
    53    assistance    program   including   dental
    54    services.
    55  Notwithstanding any provision of law to  the
    56    contrary,  the  portion  of this appropri-

        S. 10324                           25
 
     1    ation covering fiscal year  2026-27  shall
     2    supersede  and replace any duplicative (i)
     3    reappropriation  for  this  item  covering
     4    fiscal  year  2026-27,  and (ii) appropri-
     5    ation for this item covering  fiscal  year
     6    2026-27  set  forth  in  chapter 53 of the
     7    laws of 2025 (26955) ........................ 11,016,000
     8  For services and  expenses  of  the  medical
     9    assistance  program  including noninstitu-
    10    tional and other spending.
    11  The money hereby appropriated  is  available
    12    for   payment  of  liabilities  heretofore
    13    accrued or hereafter accrued.
    14  Notwithstanding any provision of law to  the
    15    contrary,  the  portion  of this appropri-
    16    ation covering fiscal year  2026-27  shall
    17    supersede  and replace any duplicative (i)
    18    reappropriation  for  this  item  covering
    19    fiscal  year  2026-27,  and (ii) appropri-
    20    ation for this item covering  fiscal  year
    21    2026-27  set  forth  in  chapter 53 of the
    22    laws of 2025 (26956) ..................... 1,078,830,000
    23  Notwithstanding any  inconsistent  provision
    24    of  law,  subject  to  the approval of the
    25    director of the budget, upon submission of
    26    an allocation adjustment from the  commis-
    27    sioner  of health, the amount appropriated
    28    herein, together with any available feder-
    29    al matching funds, may be  transferred  or
    30    suballocated   to  the  office  of  mental
    31    health, office of addiction  services  and
    32    supports,  office for people with develop-
    33    mental disabilities, division  of  housing
    34    and  community  renewal,  New  York  state
    35    housing trust fund corporation, and office
    36    of temporary and disability assistance for
    37    services and expenses related to providing
    38    affordable  housing.  Any  such   spending
    39    shall  consider  the geographical location
    40    of the grants.
    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 (29521) ....................... 576,924,000
    50                                              --------------
 
    51    § 9. Section 6 of chapter 98 of the laws of 2026, relating  to  making
    52  appropriations  for the support of government, as amended by chapter 112
    53  of the laws of 2026, is amended to read as follows:
    54    § 6. The amounts specified in this section,  or  so  much  thereof  as
    55  shall  be  sufficient  to  accomplish the purposes designated, is hereby

        S. 10324                           26
 
     1  appropriated and authorized to be paid as hereinafter provided,  to  the
     2  public  officers  and  for the purposes specified, which amount shall be
     3  available for the state fiscal year beginning April 1, 2026.
 
     4                             DEPARTMENT OF LABOR
 
     5                              AID TO LOCALITIES

     6  UNEMPLOYMENT INSURANCE BENEFIT PROGRAM ... [1,455,000,000] 1,470,000,000
     7                                             --------------
 
     8    Enterprise Funds
     9    Unemployment Insurance Benefit Fund
    10    Unemployment Insurance Benefit Account - 50650
 
    11  For  payment of unemployment insurance bene-
    12    fits pursuant to article 18 of  the  labor
    13    law   or  as  authorized  by  the  federal
    14    government through the disaster  unemploy-
    15    ment  assistance  program,  the  emergency
    16    unemployment  compensation  program,   the
    17    extended   benefit  program,  the  federal
    18    additional  compensation  program  or  any
    19    other  federally funded unemployment bene-
    20    fit program (34787) ...... [1,455,000,000] 1,470,000,000
    21                               --------------

    22    § 10. Section 8 of chapter 100 of the laws of 2026, relating to making
    23  appropriations for the support of government, as amended by chapter  111
    24  of the laws of 2026, is amended to read as follows:
    25    §  8.  The  amounts  specified  in this section, or so much thereof as
    26  shall be sufficient to accomplish the  purposes  designated,  is  hereby
    27  appropriated  and  authorized to be paid as hereinafter provided, to the
    28  public officers and for the purposes specified, which  amount  shall  be
    29  available for the state fiscal year beginning April 1, 2026.
 
    30                        DEPARTMENT OF TRANSPORTATION
 
    31                              AID TO LOCALITIES
 
    32  ADDITIONAL MASS TRANSPORTATION ASSISTANCE PROGRAM ........... 42,536,150
    33                                                            --------------
 
    34    General Fund
    35    Local Assistance Account - 10000

    36  Notwithstanding  any  inconsistent provision
    37    of law, the following  appropriations  are
    38    for  the  payment  of  mass transportation
    39    operating   assistance    provided    that
    40    payments  from this appropriation shall be
    41    made pursuant to a financial plan approved
    42    by the director of the budget.
    43  To  the  Capital   District   transportation
    44    authority for the operating expenses ther-
    45    eof (53206) .................................. 9,590,650

        S. 10324                           27
 
     1  To the Central New York regional transporta-
     2    tion  authority for the operating expenses
     3    thereof (53207) .............................. 6,906,575
     4  To the Rochester-Genesee regional  transpor-
     5    tation   authority   for   the   operating
     6    expenses thereof (53208) ..................... 8,229,375
     7  To  the  Niagara   Frontier   transportation
     8    authority for the operating expenses ther-
     9    eof (53209) .................................. 9,876,025
    10  To  all  other public transportation systems
    11    serving primarily outside of the metropol-
    12    itan  commuter   transportation   district
    13    eligible  to  receive operating assistance
    14    under the provisions of  section  18-b  of
    15    the  transportation  law for the operating
    16    expenses  thereof  in  accordance  with  a
    17    service  and  usage  formula  to be estab-
    18    lished by the commissioner of  transporta-
    19    tion  with the approval of the director of
    20    the budget (53210) ........................... 7,178,100
    21  To Rockland county for the expenses thereof,
    22    incurred   for    public    transportation
    23    services   within   the   county  provided
    24    directly or under contract (53211) ............... 8,375
    25  To the city of New York  for  the  operating
    26    expenses   of   the  Staten  Island  ferry
    27    notwithstanding any other provision of law
    28    (53212) ......................................... 81,725
    29  To the county of Westchester for the operat-
    30    ing  expenses  thereof  incurred  for  the
    31    public  transportation  services, provided
    32    within  the  county  directly   or   under
    33    contract (53213) ............................... 137,175
    34  To  the county of Nassau or its sub-grantees
    35    for   the   operating   expenses   thereof
    36    incurred    for    public   transportation
    37    services (53214) ............................... 165,925
    38  To  the  county  of  Suffolk  for  operating
    39    expenses   thereof   incurred  for  public
    40    transportation services,  provided  within
    41    the  county  directly  or  under  contract
    42    (53215) ......................................... 64,550
    43  To the city of New York  for  the  operating
    44    expenses   thereof   incurred  for  public
    45    transportation services,  provided  within
    46    the   city   directly  or  under  contract
    47    (53216) ........................................ 218,425
    48  To all other public  transportation  systems
    49    serving  primarily within the metropolitan
    50    commuter transportation district  eligible
    51    to  receive operating assistance under the
    52    provisions of section 18-b of  the  trans-
    53    portation  law  for the operating expenses
    54    thereof in accordance with a  service  and
    55    usage  formula  to  be  established by the
    56    commissioner of  transportation  with  the

        S. 10324                           28
 
     1    approval  of  the  director  of the budget
     2    (53217) ......................................... 79,250
     3                                              --------------
 
     4  DEDICATED MASS TRANSPORTATION TRUST FUND PROGRAM ........... 199,534,250
     5                                                            --------------
 
     6    Special Revenue Funds - Other
     7    Dedicated Mass Transportation Trust Fund
     8    Non-MTA Capital Account - 20853
 
     9  Notwithstanding  any  inconsistent provision
    10    of law, the following  appropriations  are
    11    for payment of mass transportation operat-
    12    ing  assistance  for public transportation
    13    systems  eligible  to  receive   operating
    14    assistance under the provisions of section
    15    18-b  of  the transportation law, provided
    16    that  payments  from  this   appropriation
    17    shall be made pursuant to a financial plan
    18    approved by the director of the budget.
    19  To   the   Capital  District  transportation
    20    authority for the operating expenses ther-
    21    eof (54253) .................................. 2,585,875
    22  To the Central New York regional transporta-
    23    tion authority for the operating  expenses
    24    thereof (54251) .............................. 2,304,275
    25  To  the Rochester-Genesee regional transpor-
    26    tation   authority   for   the   operating
    27    expenses thereof (54252) ..................... 2,582,850
    28  To the Niagara Frontier regional transporta-
    29    tion  authority for the operating expenses
    30    thereof (54254) .............................. 3,364,300
    31  To  all  other  public  transportation   bus
    32    systems serving primarily areas outside of
    33    the  metropolitan  transportation commuter
    34    district  eligible  to  receive  operating
    35    assistance under the provisions of section
    36    18-b  of  the  transportation  law for the
    37    operating expenses thereof  in  accordance
    38    with  the  service and usage formula to be
    39    established by the commissioner of  trans-
    40    portation  with the approval of the direc-
    41    tor of the budget (54250) .................... 2,197,950
    42                                              --------------
 
    43    Special Revenue Funds - Other
    44    Dedicated Mass Transportation Trust Fund
    45    Railroad Account - 20852
 
    46  To the metropolitan transportation authority
    47    for deposit in the metropolitan  transpor-
    48    tation  authority  dedicated  tax fund for
    49    the expenses of the New York city  transit
    50    authority, the Manhattan and Bronx surface
    51    transit   operating   authority,  and  the

        S. 10324                           29
 
     1    Staten  Island  rapid  transit   operating
     2    authority,   the  Long  Island  rail  road
     3    company and the Metro-North commuter rail-
     4    road  company  which includes the New York
     5    state portion of the Harlem, Hudson,  Port
     6    Jervis,  Pascack, and the New Haven commu-
     7    ter railroad service regardless of whether
     8    the  services  are  provided  directly  or
     9    pursuant  to joint service agreements.  No
    10    expenditure shall be made hereunder  until
    11    a  certificate of approval has been issued
    12    by the director of the budget and  a  copy
    13    of  such  certificate filed with the state
    14    comptroller, the chairperson of the senate
    15    finance committee and the  chairperson  of
    16    the  assembly  ways  and  means committee.
    17    Moneys appropriated  herein  may  be  made
    18    available  at  such  times  and  upon such
    19    conditions as may be deemed appropriate by
    20    the commissioner of transportation and the
    21    director of the budget in accordance  with
    22    the following:
    23  To the metropolitan transportation authority
    24    for  the  operating  expenses  of the Long
    25    Island rail road company  and  the  Metro-
    26    North   commuter  railroad  company  which
    27    include operating  expenses  for  the  New
    28    York state portion of Harlem, Hudson, Port
    29    Jervis,  Pascack,  and  New Haven commuter
    30    railroad services  regardless  of  whether
    31    such  services  are  provided  directly or
    32    pursuant  to  joint   service   agreements
    33    (54282) ..................................... 27,996,000
    34                                              --------------
 
    35    Special Revenue Funds - Other
    36    Dedicated Mass Transportation Trust Fund
    37    Transit Authorities Account - 20851
 
    38  To the metropolitan transportation authority
    39    for  deposit in the metropolitan transpor-
    40    tation authority dedicated  tax  fund  for
    41    the  expenses of the New York city transit
    42    authority, the Manhattan and Bronx surface
    43    transit  operating  authority,   and   the
    44    Staten   Island  rapid  transit  operating
    45    authority,  the  Long  Island  rail   road
    46    company and the Metro-North commuter rail-
    47    road  company  which includes the New York
    48    state portion of the Harlem, Hudson,  Port
    49    Jervis,  Pascack, and the New Haven commu-
    50    ter railroad service regardless of whether
    51    the  services  are  provided  directly  or
    52    pursuant  to joint service agreements.  No
    53    expenditure shall be made hereunder  until
    54    a  certificate of approval has been issued

        S. 10324                           30
 
     1    by the director of the budget and  a  copy
     2    of  such  certificate filed with the state
     3    comptroller, the chairperson of the senate
     4    finance  committee  and the chairperson of
     5    the assembly  ways  and  means  committee.
     6    Moneys  appropriated  herein  may  be made
     7    available at  such  times  and  upon  such
     8    conditions as may be deemed appropriate by
     9    the commissioner of transportation and the
    10    director  of the budget in accordance with
    11    the following:
    12  To the metropolitan transportation authority
    13    for the operating expenses of the New York
    14    city transit authority, the Manhattan  and
    15    Bronx surface transit operating authority,
    16    and  the Staten Island rapid transit oper-
    17    ating authority (53173) .................... 158,503,000
    18                                              --------------
 
    19  MASS TRANSPORTATION ASSISTANCE PROGRAM ....................... 6,312,750
    20                                                            --------------
 
    21    General Fund
    22    Local Assistance Account - 10000
 
    23  For payment to the metropolitan  transporta-
    24    tion   authority  for  the  costs  of  the
    25    student fare for school  children  program
    26    for   the  2026-27  school  year  provided
    27    however, that the program  shall  maintain
    28    the same eligibility criteria and discount
    29    structure  for  students  as  was provided
    30    during the 2019-20 school year. No expend-
    31    iture shall  be  made  hereunder  until  a
    32    certificate of approval has been issued by
    33    the  director  of the budget and a copy of
    34    such  certificate  filed  with  the  state
    35    comptroller, the chairperson of the senate
    36    finance  committee  and the chairperson of
    37    the assembly  ways  and  means  committee.
    38    Moneys  appropriated  herein  may  only be
    39    made available prior to the  beginning  of
    40    each school year semester designated fall,
    41    spring,  and  summer  after the receipt of
    42    student fare passes by the New  York  City
    43    department of education from the metropol-
    44    itan transportation authority (53175) ........ 6,312,750
    45                                              --------------
 
    46  MASS TRANSPORTATION OPERATING ASSISTANCE FUND PROGRAM ...... 374,961,075
    47                                                            --------------
 
    48    Special Revenue Funds - Other
    49    Mass Transportation Operating Assistance Fund

        S. 10324                           31
 
     1    Metropolitan  Mass  Transportation  Operating Assistance
     2      Account - 21402
 
     3  Notwithstanding  any  inconsistent provision
     4    of law, the following  appropriations  are
     5    for payment of mass transportation operat-
     6    ing assistance provided that payments from
     7    this  appropriation shall be made pursuant
     8    to a financial plan approved by the direc-
     9    tor of the budget.
    10  To the metropolitan transportation authority
    11    for the operating expenses of the New York
    12    city transit authority, the Manhattan  and
    13    Bronx surface transit operating authority,
    14    and  the Staten Island rapid transit oper-
    15    ating authority (53176) .................... 142,443,400
    16  To the metropolitan transportation authority
    17    for the operating  expenses  of  the  Long
    18    Island  rail  road  company and the Metro-
    19    North  commuter  railroad  company   which
    20    includes  the  New  York  state portion of
    21    Harlem, Hudson, Port Jervis, Pascack,  and
    22    the  New  Haven commuter railroad services
    23    regardless of  whether  the  services  are
    24    provided  directly  or  pursuant  to joint
    25    service agreements (53177) .................. 64,984,300
    26  To Rockland county for the expenses  thereof
    27    incurred    for    public   transportation
    28    services  within  the   county,   provided
    29    directly or under contract (53178) ........... 1,591,325
    30  To  the  city  of New York for the operating
    31    expenses  of  the  Staten   Island   ferry
    32    notwithstanding  any  other  provisions of
    33    law (53179) ................................. 14,831,275
    34  To the county of Westchester for the operat-
    35    ing expenses thereof incurred  for  public
    36    transportation  services,  provided within
    37    the  county  directly  or  under  contract
    38    (53180) ..................................... 25,355,925
    39  To  the county of Nassau or its sub-grantees
    40    for   the   operating   expenses   thereof
    41    incurred    for    public   transportation
    42    services (53181) ............................ 30,880,275
    43  To  the  county  of  Suffolk  for  operating
    44    expenses   thereof   incurred  for  public
    45    transportation services,  provided  within
    46    the  county  directly  or  under  contract
    47    (53182) ..................................... 12,027,150
    48  To the city of New York  for  the  operating
    49    expenses   thereof   incurred  for  public
    50    transportation services,  provided  within
    51    the   city  directly  or  under  contract;
    52    provided however, that $2,000,000 of  this
    53    appropriation   shall   be   for  expenses
    54    incurred for the Staten Island express bus
    55    service (53183) ............................. 39,794,050

        S. 10324                           32
 
     1  To all other public  transportation  systems
     2    serving  primarily within the metropolitan
     3    commuter   transportation   district,   as
     4    defined  in  section  1262  of  the public
     5    authorities law, eligible to receive oper-
     6    ating  assistance  under the provisions of
     7    section 18-b of the transportation law for
     8    the operating expenses thereof in  accord-
     9    ance  with  a service and usage formula to
    10    be  established  by  the  commissioner  of
    11    transportation  with  the  approval of the
    12    director of the budget (53184) .............. 14,542,125
    13                                              --------------
 
    14    Special Revenue Funds - Other
    15    Mass Transportation Operating Assistance Fund
    16    Public  Transportation  Systems   Operating   Assistance
    17      Account - 21401
 
    18  Notwithstanding  any  inconsistent provision
    19    of law, the following  appropriations  are
    20    for payment of mass transportation operat-
    21    ing assistance provided that payments from
    22    this  appropriation shall be made pursuant
    23    to a financial plan approved by the direc-
    24    tor of the budget.
    25  To  the  Capital   District   transportation
    26    authority for the operating expenses ther-
    27    eof (53185) .................................. 4,623,425
    28  To the Central New York regional transporta-
    29    tion  authority for the operating expenses
    30    thereof (53186) .............................. 4,278,125
    31  To the Rochester-Genesee regional  transpor-
    32    tation   authority   for   the   operating
    33    expenses thereof (53187) ..................... 5,339,850
    34  To  the  Niagara   Frontier   transportation
    35    authority for the operating expenses ther-
    36    eof (53188) .................................. 7,986,200
    37  To   all  other  public  transportation  bus
    38    systems serving primarily areas outside of
    39    the metropolitan  commuter  transportation
    40    district  eligible  to  receive  operating
    41    assistance under the provisions of section
    42    18-b of the  transportation  law  for  the
    43    operating  expenses  thereof in accordance
    44    with the service and usage formula  to  be
    45    established  by the commissioner of trans-
    46    portation with the approval of the  direc-
    47    tor of the budget (53189) .................... 6,283,650
    48                                              --------------
 
    49  MASS TRANSPORTATION OPERATING ASSISTANCE PROGRAM ............ 55,467,475
    50                                                            --------------
 
    51    General Fund
    52    Local Assistance Account - 10000

        S. 10324                           33
 
     1  Notwithstanding  any  inconsistent provision
     2    of law, the following  appropriations  are
     3    for  the  payment  of  mass transportation
     4    operating assistance pursuant  to  section
     5    18-b of the transportation law.
     6  To the metropolitan transportation authority
     7    for the operating expenses of the New York
     8    city  transit authority, the Manhattan and
     9    Bronx surface transit operating authority,
    10    and the Staten Island rapid transit  oper-
    11    ating authority (53192) ........................ 548,850
    12  To the metropolitan transportation authority
    13    for  the  operating  expenses  of the Long
    14    Island rail road company  and  the  Metro-
    15    North   commuter  railroad  company  which
    16    include operating  expenses  for  the  New
    17    York state portion of Harlem, Hudson, Port
    18    Jervis,  Pascack,  and  New Haven commuter
    19    railroad services  regardless  of  whether
    20    such  services  are  provided  directly or
    21    pursuant  to  joint   service   agreements
    22    (53193) ........................................ 916,650
    23  To  the  city  of New York for the operating
    24    expenses  of  the  Staten   Island   ferry
    25    notwithstanding any other provision of law
    26    (53198) ......................................... 77,250
    27  To the county of Westchester for the operat-
    28    ing  expenses  thereof  incurred  for  the
    29    public transportation  services,  provided
    30    within   the   county  directly  or  under
    31    contract (53199) ................................ 65,275
    32  To the county of Nassau or its  sub-grantees
    33    for   the   operating   expenses   thereof
    34    incurred   for    public    transportation
    35    services (53200) ................................ 52,800
    36  To  the  county  of  Suffolk  for  operating
    37    expenses  thereof  incurred   for   public
    38    transportation  services,  provided within
    39    the  county  directly  or  under  contract
    40    (53201) ......................................... 18,700
    41  To  the  city  of New York for the operating
    42    expenses  thereof  incurred   for   public
    43    transportation  services,  provided within
    44    the  city  directly  or   under   contract
    45    (53202) ........................................ 184,275
    46  To  all  other public transportation systems
    47    serving primarily within the  metropolitan
    48    commuter  transportation district eligible
    49    to receive operating assistance under  the
    50    provisions  of  section 18-b of the trans-
    51    portation law for the  operating  expenses
    52    thereof  in  accordance with a service and
    53    usage formula to  be  established  by  the
    54    commissioner  of  transportation  with the
    55    approval of the  director  of  the  budget
    56    (53203) ......................................... 51,900

        S. 10324                           34
 
     1  To   the   Capital  District  transportation
     2    authority for the operating expenses ther-
     3    eof (53194) .................................... 347,325
     4  To the Central New York regional transporta-
     5    tion  authority for the operating expenses
     6    thereof (53195) ................................ 548,125
     7  To the Rochester-Genesee regional  transpor-
     8    tation   authority   for   the   operating
     9    expenses thereof (53196) ....................... 685,125
    10  To  the  Niagara   Frontier   transportation
    11    authority for the operating expenses ther-
    12    eof (53197) .................................... 713,500
    13  To  all  other public transportation systems
    14    serving primarily outside the metropolitan
    15    commuter transportation district  eligible
    16    to  receive operating assistance under the
    17    provisions of section 18-b of  the  trans-
    18    portation  law  for the operating expenses
    19    thereof in accordance with a  service  and
    20    usage  formula  to  be  established by the
    21    commissioner of  transportation  with  the
    22    approval  of  the  director  of the budget
    23    (53204) ........................................ 510,175
    24                                              --------------
 
    25    Special Revenue Funds - Other
    26    Mass Transportation Operating Assistance Fund
    27    Metropolitan Mass  Transportation  Operating  Assistance
    28      Account - 21402
 
    29  Notwithstanding  any  inconsistent provision
    30    of law, the following  appropriations  are
    31    for  the  payment  of  mass transportation
    32    operating assistance pursuant  to  section
    33    18-b of the transportation law and section
    34    88-a of the state finance law.
    35  To the metropolitan transportation authority
    36    for the operating expenses of the New York
    37    city  transit authority, the Manhattan and
    38    Bronx surface transit operating authority,
    39    and the Staten Island rapid transit  oper-
    40    ating authority (53192) ..................... 39,119,150
    41  To the metropolitan transportation authority
    42    for  the  operating  expenses  of the Long
    43    Island rail road company  and  the  Metro-
    44    North   commuter  railroad  company  which
    45    include operating  expenses  for  the  New
    46    York state portion of Harlem, Hudson, Port
    47    Jervis,  Pascack,  and  New Haven commuter
    48    railroad services  regardless  of  whether
    49    such  services  are  provided  directly or
    50    pursuant  to  joint   service   agreements
    51    (53193) ...................................... 6,396,350
    52  To  the  city  of New York for the operating
    53    expenses  of  the  Staten   Island   ferry
    54    (53198) ........................................ 615,675

        S. 10324                           35
 
     1  To the county of Westchester for the operat-
     2    ing  expenses  thereof incurred for public
     3    transportation services,  provided  within
     4    the  county  directly  or  under  contract
     5    (53199) ........................................ 635,575
     6  To the county of Nassau or its  sub-grantees
     7    for   the   operating   expenses   thereof
     8    incurred   for    public    transportation
     9    services (53200) ............................... 582,075
    10  To  the  county  of  Suffolk  for  operating
    11    expenses  thereof  incurred   for   public
    12    transportation  services,  provided within
    13    the  county  directly  or  under  contract
    14    (53201) ........................................ 212,375
    15  To  the  city  of New York for the operating
    16    expenses  thereof  incurred   for   public
    17    transportation  services,  provided within
    18    the  city  directly  or   under   contract
    19    (53202) ...................................... 1,507,775
    20  To  eligible  public  transportation systems
    21    serving primarily within the  metropolitan
    22    commuter   transportation   district,   as
    23    defined in  section  1262  of  the  public
    24    authorities law, eligible to receive oper-
    25    ating  assistance  under the provisions of
    26    section 18-b of the transportation law for
    27    the operating expenses thereof in  accord-
    28    ance  with  a service and usage formula to
    29    be  established  by  the  commissioner  of
    30    transportation  with  the  approval of the
    31    director of the budget (53203) ................. 454,550
    32                                              --------------
 
    33    Special Revenue Funds - Other
    34    Mass Transportation Operating Assistance Fund
    35    Public  Transportation  Systems   Operating   Assistance
    36      Account - 21401
 
    37  Notwithstanding  any  inconsistent provision
    38    of law, the following  appropriations  are
    39    for  the  payment  of  mass transportation
    40    operating assistance pursuant  to  section
    41    18-b of the transportation law and section
    42    88-a of the state finance law.
    43  To   the   Capital  District  transportation
    44    authority for the operating expenses ther-
    45    eof (53194) .................................... 151,525
    46  To the Central New York regional transporta-
    47    tion authority for the operating  expenses
    48    thereof (53195) ................................ 255,775
    49  To  the Rochester-Genesee regional transpor-
    50    tation   authority   for   the   operating
    51    expenses thereof (53196) ....................... 292,250
    52  To   the   Niagara  Frontier  transportation
    53    authority for the operating expenses ther-
    54    eof (53197) .................................... 311,500

        S. 10324                           36
 
     1  To  all  other  public  transportation   bus
     2    systems   serving  areas  outside  of  the
     3    metropolitan    commuter    transportation
     4    district  eligible  to  receive  operating
     5    assistance under the provisions of section
     6    18-b  of  the  transportation  law for the
     7    operating expenses thereof  in  accordance
     8    with  the  service and usage formula to be
     9    established by the commissioner of  trans-
    10    portation  with the approval of the direc-
    11    tor of the budget (54289) ...................... 212,950
    12                                              --------------
 
    13  METROPOLITAN TRANSPORTATION AUTHORITY SUPPORT PROGRAM ....
    14    ............................................ [13,138,000]   75,126,000
    15                                              --------------
 
    16  Special Revenue Funds - Other
    17  Metropolitan Transportation Authority Financial Assistance
    18    Fund
    19  Mobility Tax Trust Account - 23651
 
    20  To the metropolitan transportation authority
    21    for deposit in the metropolitan  transpor-
    22    tation  authority finance fund pursuant to
    23    the provisions of  section  92-ff  of  the
    24    state  finance  law.  Moneys  appropriated
    25    herein may be made available at such times
    26    and upon such conditions as may be  deemed
    27    appropriate  by the commissioner of trans-
    28    portation and the director of  the  budget
    29    in  accordance  with  section 92-ff of the
    30    state finance law (54298) ................... 48,850,000
    31                                              --------------
 
    32    Special Revenue Funds - Other
    33    Metropolitan Transportation Authority Financial  Assist-
    34      ance Fund
    35    New York Central Business District Trust Fund - 23653
 
    36  To the metropolitan transportation authority
    37    pursuant  to  section  99-ff  of the state
    38    finance law for  deposit  in  the  central
    39    business  district tolling capital lockbox
    40    established pursuant to section  553-j  of
    41    the public authorities law (54298) .......
    42    .............................. [13,138,000]   26,276,000
    43                                --------------
 
    44    §  11. Section 7 of chapter 98 of the laws of 2026, relating to making
    45  appropriations for the support of government, as amended by chapter  112
    46  of the laws of 2026, is amended to read as follows:
    47    §  7.  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

        S. 10324                           37
 
     1  public officers and for the purposes specified, which  amount  shall  be
     2  available for the state fiscal year beginning April 1, 2026.
 
     3                        DEPARTMENT OF MENTAL HYGIENE

     4              OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES
 
     5                              AID TO LOCALITIES
 
     6  COMMUNITY SERVICES PROGRAM .................. [914,076,000]  919,125,000
     7                                              --------------
 
     8    General Fund
     9    Local Assistance Account - 10000
 
    10  For  services  and expenses of the community
    11    services program,  net  of  disallowances,
    12    for  community  programs  for  people with
    13    developmental  disabilities  pursuant   to
    14    article  41  of  the  mental  hygiene law,
    15    and/or chapter 620 of the  laws  of  1974,
    16    chapter  660  of the laws of 1977, chapter
    17    412 of the laws of 1981, chapter 27 of the
    18    laws of 1987, chapter 729 of the  laws  of
    19    1989,  chapter 329 of the laws of 1993 and
    20    other provisions  of  the  mental  hygiene
    21    law.   Notwithstanding   any  inconsistent
    22    provision of law, the following  appropri-
    23    ation shall be net of prior and/or current
    24    year refunds, rebates, reimbursements, and
    25    credits.
    26  Notwithstanding  any other provision of law,
    27    advances and reimbursement  made  pursuant
    28    to  subdivision  (d)  of section 41.15 and
    29    section 41.18 of the  mental  hygiene  law
    30    shall  be allocated pursuant to a plan and
    31    in a manner prescribed by the agency  head
    32    and  approved by the director of the budg-
    33    et. The  moneys  hereby  appropriated  are
    34    available  to reimburse or advance locali-
    35    ties and voluntary non-profit agencies for
    36    expenditures  made  during  local   fiscal
    37    periods  commencing January 1, 2026, April
    38    1, 2026 or July 1, 2026, and for  advances
    39    for  the  3 month period beginning January
    40    1, 2027.
    41  Notwithstanding the provisions of article 41
    42    of the mental hygiene  law  or  any  other
    43    inconsistent  provision  of  law,  rule or
    44    regulation, the commissioner, pursuant  to
    45    such  contract  and in the manner provided
    46    therein, may pay all or a portion  of  the
    47    expenses  incurred by such voluntary agen-
    48    cies arising out of loans which are funded
    49    from  the  proceeds  of  bonds  and  notes

        S. 10324                           38
 
     1    issued  by  the dormitory authority of the
     2    state of New York.
     3  Notwithstanding  any other provision of law,
     4    the  money  hereby  appropriated  may   be
     5    transferred to state operations and/or any
     6    appropriation  of  the  office  for people
     7    with developmental disabilities  with  the
     8    approval of the director of the budget.
     9  Notwithstanding  any  inconsistent provision
    10    of law, moneys from this appropriation may
    11    be used for state aid of up to 100 percent
    12    of the net deficit costs of  day  training
    13    programs and family support services.
    14  Notwithstanding  the  provisions  of section
    15    16.23 of the mental hygiene  law  and  any
    16    other  inconsistent provision of law, with
    17    relation to  the  operation  of  certified
    18    family  care  homes, including family care
    19    homes sponsored by voluntary  not-for-pro-
    20    fit  agencies,  moneys from this appropri-
    21    ation may be used for payments to purchase
    22    general services including but not limited
    23    to respite providers, up to a  maximum  of
    24    14 days, at rates to be established by the
    25    commissioner  and approved by the director
    26    of the budget in consideration of  factors
    27    including,  but not limited to, geographic
    28    area and number of clients  cared  for  in
    29    the  home  and  for  payment  in an amount
    30    determined by  the  commissioner  for  the
    31    personal  needs of each client residing in
    32    the family care home.
    33  Notwithstanding the provisions  of  subdivi-
    34    sion  12 of section 8 of the state finance
    35    law and any other  inconsistent  provision
    36    of law, moneys from this appropriation may
    37    be  used for expenses of family care homes
    38    including payments to operators of  certi-
    39    fied  family care homes for damages caused
    40    by clients to personal and  real  property
    41    in  accordance  with standards established
    42    by the commissioner and  approved  by  the
    43    director of the budget.
    44  Notwithstanding  any  inconsistent provision
    45    of law, moneys from this appropriation may
    46    be  used  for  appropriate   day   program
    47    services  and residential services includ-
    48    ing, but not limited  to,  direct  housing
    49    subsidies    to    individuals,   start-up
    50    expenses for family care providers,  envi-
    51    ronmental modifications, adaptive technol-
    52    ogies,   appraisals,   property   options,
    53    feasibility  studies  and   preoperational
    54    expenses.
    55  Notwithstanding  any  inconsistent provision
    56    of law except pursuant to a chapter of the

        S. 10324                           39
 
     1    laws of 2025  authorizing  a  2.6  percent
     2    targeted  inflationary  increase,  for the
     3    period commencing on  April  1,  2025  and
     4    ending  March  31,  2026  the commissioner
     5    shall not  apply  any  other  inflationary
     6    increases,  cost of living type increases,
     7    inflation factors, or  trend  factors  for
     8    the   purpose  of  establishing  rates  of
     9    payments, contracts or any other  form  of
    10    reimbursement;  provided  that  this shall
    11    not prevent the commissioner from applying
    12    prior  adjustments  for  the  purpose   of
    13    establishing rates resulting from a rebas-
    14    ing of base year costs.
    15  Notwithstanding  section  6908 of the educa-
    16    tion law and any other provision  of  law,
    17    rule or regulation to the contrary, direct
    18    support  staff  in  programs  certified or
    19    approved by the  office  for  people  with
    20    developmental  disabilities, including the
    21    home and community based  services  waiver
    22    programs  that  the office for people with
    23    developmental disabilities  is  authorized
    24    to administer with federal approval pursu-
    25    ant  to subdivision (c) of section 1915 of
    26    the  federal  social  security  act,   are
    27    authorized  to provide such tasks as OPWDD
    28    may  specify  when  performed  under   the
    29    supervision,    training    and   periodic
    30    inspection of  a  registered  professional
    31    nurse and in accordance with an authorized
    32    practitioner's ordered care.
    33  Notwithstanding  any  other provision of law
    34    to  the  contrary,  and  consistent   with
    35    section  33.07  of the mental hygiene law,
    36    the directors of facilities  licensed  but
    37    not operated by the office for people with
    38    developmental   disabilities  who  act  as
    39    federally-appointed representative  payees
    40    and  who  assume management responsibility
    41    over the funds of a resident may  continue
    42    to  use  such  funds  for  the cost of the
    43    resident's care and treatment,  consistent
    44    with federal law and regulations.
    45  Funds appropriated herein shall be available
    46    in accordance with the following:
    47  Notwithstanding  any  inconsistent provision
    48    of law, the  director  of  the  budget  is
    49    authorized  to  make  suballocations  from
    50    this appropriation to  the  department  of
    51    health medical assistance program.
    52  Notwithstanding  any  inconsistent provision
    53    of law, and pursuant  to  criteria  estab-
    54    lished  by  the commissioner of the office
    55    for people with developmental disabilities
    56    and approved by the director of the  budg-

        S. 10324                           40
 
     1    et,  expenditures  may  be  made from this
     2    appropriation for  residential  facilities
     3    which   are   pending  recertification  as
     4    intermediate  care  facilities  for people
     5    with developmental disabilities.
     6  Notwithstanding the  provisions  of  section
     7    41.36  of  the  mental hygiene law and any
     8    other  inconsistent  provision   of   law,
     9    moneys from this appropriation may be used
    10    for  payment  up  to  $250  per  year  per
    11    client, at such times and in  such  manner
    12    as  determined  by the commissioner on the
    13    basis of financial need for  the  personal
    14    needs of each client residing in voluntar-
    15    y-operated community residences and volun-
    16    tary-operated community residential alter-
    17    natives,      including     individualized
    18    residential alternatives  under  the  home
    19    and  community  based services waiver. The
    20    commissioner   shall,   subject   to   the
    21    approval  of  the  director of the budget,
    22    alter existing advance  payment  schedules
    23    for   voluntary-operated  community  resi-
    24    dences  established  pursuant  to  section
    25    41.36 of the mental hygiene law.
    26  Notwithstanding  any  inconsistent provision
    27    of law, moneys from this appropriation may
    28    be  used  for  the  operation  of  clinics
    29    licensed  pursuant  to  article  16 of the
    30    mental  hygiene  law  including,  but  not
    31    limited  to,  supportive  and habilitative
    32    services  consistent  with  the  home  and
    33    community based services waiver.
    34  For  the state and/or local share of medical
    35    assistance services expenses  incurred  by
    36    the department of health for the provision
    37    of  medical  assistance services to people
    38    with developmental disabilities (37835) .... 840,024,000
    39  For services and expenses of  the  community
    40    services  program,  net  of disallowances,
    41    for community  programs  for  people  with
    42    developmental   disabilities  pursuant  to
    43    article 41  of  the  mental  hygiene  law,
    44    and/or  chapter  620  of the laws of 1974,
    45    chapter 660 of the laws of  1977,  chapter
    46    412 of the laws of 1981, chapter 27 of the
    47    laws  of  1987, chapter 729 of the laws of
    48    1989, chapter 329 of the laws of 1993  and
    49    other  provisions  of  the  mental hygiene
    50    law.  Notwithstanding   any   inconsistent
    51    provision  of law, the following appropri-
    52    ation shall be net of prior and/or current
    53    year refunds, rebates, reimbursements, and
    54    credits.
    55  Notwithstanding any other provision of  law,
    56    advances  and  reimbursement made pursuant

        S. 10324                           41
 
     1    to subdivision (d) of  section  41.15  and
     2    section  41.18  of  the mental hygiene law
     3    shall be allocated pursuant to a plan  and
     4    in  a manner prescribed by the agency head
     5    and approved by the director of the  budg-
     6    et.    The  moneys hereby appropriated are
     7    available to reimburse or advance  locali-
     8    ties and voluntary non-profit agencies for
     9    expenditures   made  during  local  fiscal
    10    periods commencing January 1, 2026,  April
    11    1,  2026 or July 1, 2026, and for advances
    12    for the 3 month period  beginning  January
    13    1, 2027.
    14  Notwithstanding the provisions of article 41
    15    of  the  mental  hygiene  law or any other
    16    inconsistent provision  of  law,  rule  or
    17    regulation,  the commissioner, pursuant to
    18    such contract and in the  manner  provided
    19    therein,  may  pay all or a portion of the
    20    expenses incurred by such voluntary  agen-
    21    cies arising out of loans which are funded
    22    from  the  proceeds  of  bonds  and  notes
    23    issued by the dormitory authority  of  the
    24    state of New York.
    25  Notwithstanding  any other provision of law,
    26    the  money  hereby  appropriated  may   be
    27    transferred to state operations and/or any
    28    appropriation  of  the  office  for people
    29    with developmental disabilities  with  the
    30    approval of the director of the budget.
    31  Notwithstanding  any  inconsistent provision
    32    of law, moneys from this appropriation may
    33    be used for state aid of up to 100 percent
    34    of the net deficit costs of  day  training
    35    programs and family support services.
    36  Notwithstanding  the  provisions  of section
    37    16.23 of the mental hygiene  law  and  any
    38    other  inconsistent provision of law, with
    39    relation to  the  operation  of  certified
    40    family  care  homes, including family care
    41    homes sponsored by voluntary  not-for-pro-
    42    fit  agencies,  moneys from this appropri-
    43    ation may be used for payments to purchase
    44    general services including but not limited
    45    to respite providers, up to a  maximum  of
    46    14 days, at rates to be established by the
    47    commissioner  and approved by the director
    48    of the budget in consideration of  factors
    49    including,  but not limited to, geographic
    50    area and number of clients  cared  for  in
    51    the  home  and  for  payment  in an amount
    52    determined by  the  commissioner  for  the
    53    personal  needs of each client residing in
    54    the family care home.
    55  Notwithstanding the provisions  of  subdivi-
    56    sion  12 of section 8 of the state finance

        S. 10324                           42
 
     1    law and any other  inconsistent  provision
     2    of law, moneys from this appropriation may
     3    be  used for expenses of family care homes
     4    including  payments to operators of certi-
     5    fied family care homes for damages  caused
     6    by  clients  to personal and real property
     7    in accordance with  standards  established
     8    by  the  commissioner  and approved by the
     9    director of the budget.
    10  Notwithstanding any  inconsistent  provision
    11    of law, moneys from this appropriation may
    12    be   used   for  appropriate  day  program
    13    services and residential services  includ-
    14    ing,  but  not  limited to, direct housing
    15    subsidies   to    individuals,    start-up
    16    expenses  for family care providers, envi-
    17    ronmental modifications, adaptive technol-
    18    ogies,   appraisals,   property   options,
    19    feasibility   studies  and  preoperational
    20    expenses.
    21  Notwithstanding any  inconsistent  provision
    22    of law, moneys from this appropriation may
    23    be   used   to  fund  continuity  of  care
    24    services, family reimbursed respite, other
    25    than personal services and direct  housing
    26    subsidies  for  people who are enrolled in
    27    OPWDD's self-direction  program,  provided
    28    any  or all such costs are identified in a
    29    self-direction budget approved by OPWDD.
    30  Notwithstanding any  inconsistent  provision
    31    of law except pursuant to a chapter of the
    32    laws  of  2025  authorizing  a 2.6 percent
    33    targeted inflationary  increase,  for  the
    34    period  commencing  on  April  1, 2025 and
    35    ending March  31,  2026  the  commissioner
    36    shall  not  apply  any  other inflationary
    37    increases, cost of living type  increases,
    38    inflation  factors,  or  trend factors for
    39    the  purpose  of  establishing  rates   of
    40    payments,  contracts  or any other form of
    41    reimbursement; provided  that  this  shall
    42    not prevent the commissioner from applying
    43    prior   adjustments  for  the  purpose  of
    44    establishing rates resulting from a rebas-
    45    ing of base year costs.
    46  Notwithstanding section 6908 of  the  educa-
    47    tion  law  and any other provision of law,
    48    rule or regulation to the contrary, direct
    49    support staff  in  programs  certified  or
    50    approved  by  the  office  for people with
    51    developmental disabilities, including  the
    52    home  and  community based services waiver
    53    programs that the office for  people  with
    54    developmental  disabilities  is authorized
    55    to administer with federal approval pursu-
    56    ant to subdivision (c) of section 1915  of

        S. 10324                           43

     1    the   federal  social  security  act,  are
     2    authorized to provide such tasks as  OPWDD
     3    may   specify  when  performed  under  the
     4    supervision,    training    and   periodic
     5    inspection of  a  registered  professional
     6    nurse and in accordance with an authorized
     7    practitioner's ordered care.
     8  Notwithstanding  any  other provision of law
     9    to  the  contrary,  and  consistent   with
    10    section  33.07  of the mental hygiene law,
    11    the directors of facilities  licensed  but
    12    not operated by the office for people with
    13    developmental   disabilities  who  act  as
    14    federally-appointed representative  payees
    15    and  who  assume management responsibility
    16    over the funds of a resident may  continue
    17    to  use  such  funds  for  the cost of the
    18    resident's care and treatment,  consistent
    19    with federal law and regulations.
    20  Funds appropriated herein shall be available
    21    in accordance with the following:
    22  Notwithstanding  any  other provision of law
    23    to the contrary, funds appropriated herein
    24    are   available  to    reimburse  in-  and
    25    out-of-state  private residential schools,
    26    pursuant to  subdivision  (c)  of  section
    27    13.37-a  and  subdivision  (g)  of section
    28    13.38 of the mental hygiene law, for costs
    29    of  supporting  the  residential  and  day
    30    program  services available to individuals
    31    who are over the age of 21 years  of  age,
    32    provided that the amount paid for residen-
    33    tial  services and/or maintenance costs is
    34    net of any  supplemental  security  income
    35    benefit  to which the individual receiving
    36    services is eligible, and provided further
    37    that funding for  nonresidential  services
    38    will  be  in  an  amount not to exceed the
    39    maximum reimbursement for appropriate  day
    40    services   delivered  by  the  office  for
    41    people  with  developmental   disabilities
    42    certified or approved providers other than
    43    in-  and  out-of-state private residential
    44    schools, unless  otherwise  authorized  by
    45    the director of the budget.
    46  Notwithstanding  section  163  of  the state
    47    finance law, section 142 of  the  economic
    48    development  law,  and  article  41 of the
    49    mental hygiene law,  the  commissioner  of
    50    the  office  for people with developmental
    51    disabilities may make the funds  appropri-
    52    ated herein available as state aid, a loan
    53    or  a  grant, pursuant to terms and condi-
    54    tions established by the  commissioner  of
    55    the  office  for people with developmental
    56    disabilities, to cover a  portion  of  the

        S. 10324                           44
 
     1    development   costs   of  private,  public
     2    and/or non-profit organizations, including
     3    corporations and partnerships  established
     4    pursuant  to  the  private housing finance
     5    law and/or any other statutory provisions,
     6    for supportive  housing  units  that  have
     7    been set aside for individuals with intel-
     8    lectual  and  developmental  disabilities.
     9    Further, the office for people with devel-
    10    opmental disabilities shall have a lien on
    11    the  real  property  developed  with  such
    12    state aid, loans or grants, which shall be
    13    in  the amount of the loan or grant, for a
    14    maximum term of 30 years, or other  longer
    15    term  consistent  with the requirements of
    16    another regulatory agency.
    17  For services and  expenses  related  to  the
    18    provision   of   residential  services  to
    19    people  with  developmental   disabilities
    20    (37802) ...................... [42,988,000]   45,919,000
    21  For  services  and  expenses  related to the
    22    provision  of  day  program  services   to
    23    people   with  developmental  disabilities
    24    (37803) ...................... [10,560,000]   11,280,000
    25  For services and  expenses  related  to  the
    26    provision  of  family  support services to
    27    people  with  developmental   disabilities
    28    (37804) ...................... [11,880,000]   12,690,000
    29  For  services  and  expenses  related to the
    30    provision of workshop,  day  training  and
    31    employment  services to people with devel-
    32    opmental disabilities. Notwithstanding any
    33    other provision of law, up  to  [$101,200]
    34    $108,100  of  this  appropriation  may  be
    35    transferred to the New York  State  Educa-
    36    tion Departments' Adult Career and Contin-
    37    uing Education Services - Vocational Reha-
    38    bilitation  (ACCES-VR)  program to support
    39    the LongTerm Sheltered Employment  program
    40    operated    by    FEDCAP    Rehabilitation
    41    Services, Inc.  (37805) ....... [6,864,000]    7,332,000
    42  For other services and expenses provided  to
    43    people   with  developmental  disabilities
    44    including but not limited to hepatitis  B,
    45    care  at  home  waiver, epilepsy services,
    46    Special Olympics New York, Inc. and volun-
    47    tary fingerprinting (37806) ... [1,760,000]    1,880,000
    48                                --------------
 
    49    § 12. Section 8 of chapter 98 of the laws of 2026, relating to  making
    50  appropriations  for the support of government, as amended by chapter 112
    51  of the laws of 2026, is amended to read as follows:
    52    § 8. The amounts specified in this section,  or  so  much  thereof  as
    53  shall  be  sufficient  to  accomplish the purposes designated, is hereby
    54  appropriated and authorized to be paid as hereinafter provided,  to  the

        S. 10324                           45
 
     1  public  officers  and  for the purposes specified, which amount shall be
     2  available for the state fiscal year beginning April 1, 2026.
 
     3                      DEPARTMENT OF VETERANS' SERVICES
 
     4                              AID TO LOCALITIES
 
     5  BLIND VETERAN ANNUITY ASSISTANCE PROGRAM ........ [385,000]      770,000
     6                                              --------------
 
     7    General Fund
     8    Local Assistance Account - 10000

     9  For  payment  of annuities to blind veterans
    10    and  eligible  surviving  spouses.  Up  to
    11    $15,000   of  this  appropriation  may  be
    12    transferred to state operations for admin-
    13    istrative  costs  associated   with   this
    14    program (54606) ................. [385,000]      770,000
    15                                --------------
 
    16  VETERANS' BENEFITS ADVISING PROGRAM ............. [264,000]      282,000
    17                                              --------------
 
    18    Special Revenue Funds - Other
    19    Homeless Veterans Assistance Fund
    20    Homeless Veterans Assistance Account - 20204
 
    21  For  services  and expenses related to home-
    22    less veterans' housing (54815) .. [264,000]      282,000
    23                                --------------

    24    § 13. No expenditure may be made from any appropriation in  this  act,
    25  until  a  certificate of approval has been issued by the director of the
    26  budget and a copy of such certificate shall have  been  filed  with  the
    27  state  comptroller, the chairman of the senate finance committee and the
    28  chairman of the assembly ways and  means  committee  provided,  however,
    29  that  any  expenditures  from  any appropriation in this act made by the
    30  legislature or judiciary shall not require such certificate.
 
    31    § 14. All expenditures and disbursements made  against  the  appropri-
    32  ations in this act shall, upon final action by the legislature on appro-
    33  priation  bills submitted by the governor pursuant to article VII of the
    34  state constitution for the support of government for  the  state  fiscal
    35  year  beginning  April  1,  2026,  be  transferred by the comptroller as
    36  expenditures and disbursements to  such  appropriations  for  all  state
    37  departments and agencies, as applicable, in amounts equal to the amounts
    38  charged against the appropriations in this act for each such department,
    39  agency, and the legislature and the judiciary.
 
    40    §  15. Severability clause. If any clause, sentence, paragraph, subdi-
    41  vision, section or part of this act shall be adjudged by  any  court  of
    42  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    43  impair, or invalidate the remainder thereof, but shall  be  confined  in
    44  its  operation  to the clause, sentence, paragraph, subdivision, section
    45  or part thereof directly involved in the controversy in which such judg-

        S. 10324                           46
 
     1  ment shall have been rendered. It is hereby declared to be the intent of
     2  the legislature that this act would  have  been  enacted  even  if  such
     3  invalid provisions had not been included herein.
 
     4    §  16.  This  act shall take effect immediately and shall be deemed to
     5  have been in full force and effect on and after April 1, 2026; provided,
     6  however, that upon the transfer of expenditures and disbursements by the
     7  comptroller as provided in section fourteen of this act,  the  appropri-
     8  ations  made  by  this  act  and subject to such section shall be deemed
     9  repealed.
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