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S10520 Summary:

BILL NOS10520
 
SAME ASSAME AS A11445
 
SPONSORSERRANO
 
COSPNSR
 
MLTSPNSR
 
Amd §§2 - 8, Chap 98 of 2026; amd §§4 & 5, Chap 102 of 2026; amd §5, Chap 100 of 2026; amd §8, Chap 104 of 2026
 
Provides for emergency appropriation through May 20, 2026 for the support of government.
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S10520 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10520
 
                    IN SENATE
 
                                      May 18, 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; to amend chapter 104 of the laws  of  2026,
          relating  to  making  appropriations for the support of government, in
          relation thereto; and providing for the repeal of such provisions upon
          expiration thereof
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Legislative  intent.  The  legislature  hereby  finds and
     2  declares that the enactment of these appropriations provides  sufficient
     3  authority  to the comptroller for the purpose of making payments for the
     4  purposes described herein until such time as appropriation bills submit-
     5  ted by the governor pursuant to article VII of  the  state  constitution
     6  for  the support of government for the state fiscal year beginning April
     7  1, 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 113
    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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12042-01-6

        S. 10520                            2
 
     1    personal  service,  including  liabilities
     2    incurred prior to April 1,  2026,  on  the
     3    payrolls  scheduled  to be paid during the
     4    period  April  1 through May [18] 20, 2026
     5    to state officers  and  employees  of  the
     6    executive  branch, including the governor,
     7    lieutenant  governor,   comptroller,   and
     8    attorney  general, and to employees of the
     9    legislature.   This   appropriation   also
    10    includes  payments  for services performed
    11    by mentally ill or  developmentally  disa-
    12    bled persons who are employed in state-op-
    13    erated special employment, work-for-pay or
    14    sheltered workshop programs ..............
    15    .......................... [2,053,518,041] 2,361,394,522
    16                               --------------
 
    17    §  3.  Section 3 of chapter 98 of the laws of 2026, relating to making
    18  appropriations for the support of government, as amended by chapter  113
    19  of the laws of 2026, is amended to read as follows:
    20    § 3. The amount specified in this section, or so much thereof as shall
    21  be  sufficient to accomplish the purpose designated, is hereby appropri-
    22  ated and authorized to be paid as hereinafter provided,  to  the  public
    23  officers  and for the purpose specified, which amount shall be available
    24  for the state fiscal year beginning April 1, 2026.
 
    25                     ALL STATE DEPARTMENTS AND AGENCIES
 
    26  For the  payment  of  state  operations  non
    27    personal service liabilities to the execu-
    28    tive  branch,  including  the comptroller,
    29    and the attorney general, and legislature,
    30    incurred in the ordinary course  of  busi-
    31    ness,  during  the  period April 1 through
    32    May [18] 20, 2026,  pursuant  to  existing
    33    state  law  and for purposes for which the
    34    legislature authorized the expenditure  of
    35    moneys  during  the 2025-2026 state fiscal
    36    year;  provided,  however,  that   nothing
    37    contained  herein shall be deemed to limit
    38    or restrict  the  power  or  authority  of
    39    state  departments  or agencies to conduct
    40    their activities or operations in  accord-
    41    ance   with   existing  law,  and  further
    42    provided  that  nothing  contained  herein
    43    shall  be  deemed to supersede, nullify or
    44    modify the provisions of section 40 of the
    45    state finance law prescribing when  appro-
    46    priations  made  for  the  2025-2026 state
    47    fiscal year  shall  have  ceased  to  have
    48    force and effect ............. [66,000,000]   88,000,000
    49                                --------------
 
    50    §  4. Section 4 of chapter 102 of the laws of 2026, relating to making
    51  appropriations for the support of government, as amended by chapter  113
    52  of the laws of 2026, is amended to read as follows:

        S. 10520                            3
 
     1    §  4.  The  amounts  specified  in this section, or so much thereof as
     2  shall be sufficient to accomplish the  purposes  designated,  is  hereby
     3  appropriated  and  authorized to be paid as hereinafter provided, to the
     4  respective public officers and for the purposes specified, which  amount
     5  shall be available for the state fiscal year beginning April 1, 2026.
 
     6            MISCELLANEOUS - - ALL STATE DEPARTMENTS AND AGENCIES
 
     7  The sum of [ten] twenty-five million dollars
     8    [($10,000,000)]  ($25,000,000), or so much
     9    thereof as shall be sufficient  to  accom-
    10    plish  the  purpose  designated, is hereby
    11    appropriated  for  contracts  and   grants
    12    approved for purposes for which the legis-
    13    lature   authorized  the  expenditures  of
    14    money during the 2025-2026 fiscal year. An
    15    amount up  to  [ten]  twenty-five  million
    16    dollars    [($10,000,000)]   ($25,000,000)
    17    shall be  available  for  the  payment  of
    18    capital   projects   liabilities  incurred
    19    during the period from April 1 through May
    20    [18] 20, 2026  for  contracts  and  grants
    21    approved prior to April 1, 2026, provided,
    22    however,  that  nothing  contained  herein
    23    shall be deemed to limit or  restrict  the
    24    power or authority of state departments or
    25    agencies  to  conduct  their activities or
    26    operations  in  accordance  with  existing
    27    law,  and  further  provided  that nothing
    28    contained herein shall be deemed to super-
    29    sede, nullify, or modify the provisions of
    30    section  40  of  the  state  finance   law
    31    prescribing  when  appropriations made for
    32    the  2025-2026  fiscal  year  shall   have
    33    ceased to have force and effect ..........
    34    .............................. [10,000,000]   25,000,000
    35                                --------------

    36    §  5. Section 5 of chapter 102 of the laws of 2026, relating to making
    37  appropriations for the support of government, as amended by chapter  113
    38  of the laws of 2026, is amended to read as follows:
    39    §  5.    The  amounts specified in this section, or so much thereof as
    40  shall be sufficient to accomplish the  purposes  designated,  is  hereby
    41  appropriated  and  authorized to be paid as hereinafter provided, to the
    42  respective public officers and for the purposes specified, which  amount
    43  shall be available for the state fiscal year beginning April 1, 2026.
 
    44            MISCELLANEOUS - - ALL STATE DEPARTMENTS AND AGENCIES
 
    45  The  sum  of  [twenty] fifty million dollars
    46    [($20,000,000)] ($50,000,000), or so  much
    47    thereof  as  shall be sufficient to accom-
    48    plish the purpose  designated,  is  hereby
    49    appropriated   for  contracts  and  grants
    50    approved for purposes for which the legis-
    51    lature  authorized  the  expenditures   of

        S. 10520                            4
 
     1    money during the 2025-2026 fiscal year. An
     2    amount   up   to  [twenty]  fifty  million
     3    dollars   [($20,000,000)]    ($50,000,000)
     4    shall  be  available  for  the  payment of
     5    capital  projects   liabilities   incurred
     6    during the period from April 1 through May
     7    [18]  20,  2026  for  contracts and grants
     8    approved after April  1,  2026,  provided,
     9    however,  that  nothing  contained  herein
    10    shall be deemed to limit or  restrict  the
    11    power or authority of state departments or
    12    agencies  to  conduct  their activities or
    13    operations  in  accordance  with  existing
    14    law,  and  further  provided  that nothing
    15    contained herein shall be deemed to super-
    16    sede, nullify, or modify the provisions of
    17    section  40  of  the  state  finance   law
    18    prescribing  when  appropriations made for
    19    the  2025-2026  fiscal  year  shall   have
    20    ceased to have force and effect ..........
    21    .............................. [20,000,000]   50,000,000
    22                                --------------
 
    23    §  6.  Section 4 of chapter 98 of the laws of 2026, relating to making
    24  appropriations for the support of government, as amended by chapter  113
    25  of the laws of 2026, is amended to read as follows:
    26    §  4.  The  amounts  specified  in this section, or so much thereof as
    27  shall be sufficient to accomplish the  purposes  designated,  is  hereby
    28  appropriated  and  authorized to be paid as hereinafter provided, to the
    29  public officers and for the purposes specified, which  amount  shall  be
    30  available for the state fiscal year beginning April 1, 2026.
 
    31             MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES
 
    32                            GENERAL STATE CHARGES
 
    33                              STATE OPERATIONS
 
    34  GENERAL STATE CHARGES .................... [1,311,390,500] 1,345,420,500
    35                                             --------------
 
    36    General Fund
    37    State Purposes Account - 10050
 
    38  For  employee  fringe  benefits according to
    39    the following project  schedule  including
    40    those   benefits   which  are  related  to
    41    employees paid from  funds,  accounts,  or
    42    programs  where the division of the budget
    43    has issued waivers (85022) ...............
    44    .......................... [1,295,772,500] 1,329,622,500
 
    45                Project Schedule
    46  PROJECT                               AMOUNT
    47  --------------------------------------------

        S. 10520                            5
 
     1  For the  state's  contribution
     2    to the health insurance fund
     3    and deposit into the retiree
     4    health  benefit  trust  fund
     5    pursuant to section 99-aa of
     6    the  state  finance law. The
     7    state's  share of the health
     8    insurance program  dividends
     9    shall    be available to pay
    10    for the premiums in 2026-27 .. 982,761,000
    11  For the  state's  contribution
    12    to   the   social   security
    13    contribution fund ..........
    14    ............... [192,500,000]  226,000,000
    15  For   payments  to  the  state
    16    insurance fund for  workers'
    17    compensation   benefits  and
    18    other    related    workers'
    19    compensation  costs prior to
    20    or   after    they    become
    21    incurred  including  but not
    22    limited  to   the   benefits
    23    defined in chapters 302  and
    24    303 of the laws of 1985 ....... 55,000,000
    25  For  the  state's contribution
    26    to  employee  benefit   fund
    27    programs ...................... 40,500,000
    28  For  the  state's contribution
    29    to the dental insurance plan .. 13,524,000
    30  For the payment of the  metro-
    31    politan commuter transporta-
    32    tion  mobility  tax pursuant
    33    to article  23  of  the  tax
    34    law,  as added by chapter 25
    35    of  the  laws  of  2009,  on
    36    behalf  of the state employ-
    37    ees employed in  the  metro-
    38    politan commuter transporta-
    39    tion district .................. 7,680,000
    40  For   the   state's  share  of
    41    contributions to the  volun-
    42    tary   defined  contribution
    43    plan  made  on   behalf   of
    44    eligible  employees pursuant
    45    to chapter 18  of  the  laws
    46    of 2012 who elect to partic-
    47    ipate  in  such plan and who
    48    are  not  otherwise   eligi-
    49    ble  to  participate  in the
    50    SUNY   optional   retirement
    51    program ......... [1,063,500]    1,413,500
    52  For reimbursement to the unem-
    53    ployment  insurance fund for
    54    payments made  to  claimants
    55    formerly  employed   by  the
    56    state of New York .............. 2,000,000

        S. 10520                            6
 
     1  For the  state's  contribution
     2    to the vision care plan .......... 744,000
     3                                --------------
     4      Project schedule total ...
     5        ........ [1,295,772,500] 1,329,622,500
     6                 --------------
 
     7  For payments in accordance with section 19-a
     8    of the public lands law (80567) .............. 7,720,000
     9  For the payment in-lieu of taxes to the city
    10    of  Albany  for  certain  state-owned land
    11    pursuant to section  19-a  of  the  public
    12    lands law. Provided however, notwithstand-
    13    ing  paragraph  (4)  of subdivision 2-a of
    14    section 19-a of the public lands law, such
    15    funds may be paid prior to October 1, 2026
    16    (80567) ...................................... 7,720,000
    17  For payment of claims for damage to personal
    18    or real property or for bodily injuries or
    19    wrongful death caused by officers, employ-
    20    ees, or other authorized persons providing
    21    service to state government while  provid-
    22    ing such service, and the state university
    23    construction  fund while acting within the
    24    scope of their employment, and while oper-
    25    ating motor vehicles, and for any individ-
    26    uals operating motor  vehicles  which  are
    27    assigned  on  a permanent basis with unre-
    28    stricted use to state officers and employ-
    29    ees  when  the   person   is   permanently
    30    assigned the motor vehicle (80559) .......
    31    ................................. [178,000]      358,000
    32                                --------------
 
    33    §  7. Section 5 of chapter 100 of the laws of 2026, relating to making
    34  appropriations for the support of government, as amended by chapter  113
    35  of the laws of 2026, is amended to read as follows:
    36    §  5.  The  amounts  specified  in this section, or so much thereof as
    37  shall be sufficient to accomplish the  purposes  designated,  is  hereby
    38  appropriated  and  authorized to be paid as hereinafter provided, to the
    39  public officers and for the purposes specified, which  amount  shall  be
    40  available for the state fiscal year beginning April 1, 2026.
 
    41                                  JUDICIARY
 
    42  For  the  purpose  of  making  payments  for
    43    personal  service,  including  liabilities
    44    incurred  prior  to  April 1, 2026, on the
    45    payrolls scheduled to be paid  during  the
    46    period  April  1 through May [18] 20, 2026
    47    to officers and employees of the judiciary
    48    ............................. [269,000,000]  352,000,000
    49  For the payment of state operations  nonper-
    50    sonal  service  liabilities,  the  sum  of
    51    thirty-six million dollars  ($36,000,000),
    52    or  so much thereof as shall be sufficient

        S. 10520                            7
 
     1    to accomplish the purpose  designated,  is
     2    hereby  appropriated  to the judiciary out
     3    of any moneys in the general fund or other
     4    funds  to the credit of the state purposes
     5    account not  otherwise  appropriated.  The
     6    comptroller   is   hereby  authorized  and
     7    directed to utilize this appropriation for
     8    the purpose of making payments for nonper-
     9    sonal service liabilities incurred by  the
    10    judiciary  from  April  1 through May [18]
    11    20, 2026 .................................... 36,000,000
    12  For the payment of aid to localities liabil-
    13    ities,  the  sum  of  [twenty-two  million
    14    dollars  ($22,000,000)] thirty-two million
    15    dollars ($32,000,000), or so much  thereof
    16    as  shall  be sufficient to accomplish the
    17    purpose designated, is hereby appropriated
    18    to the judiciary out of any moneys in  the
    19    general  fund or other funds to the credit
    20    of the state purposes account  not  other-
    21    wise   appropriated.  The  comptroller  is
    22    hereby authorized and directed to  utilize
    23    this  appropriation  for  the  purpose  of
    24    making  payments  for  aid  to  localities
    25    liabilities incurred by the judiciary from
    26    April 1 through May [18] 20, 2026 ........
    27    .............................. [22,000,000]   32,000,000
    28  For  the  payment of employee fringe benefit
    29    programs including, but  not  limited  to,
    30    the   judiciary's   contributions  to  the
    31    health  insurance  fund,  the   employees'
    32    retirement   system  pension  accumulation
    33    fund,  the  social  security  contribution
    34    fund,  employee benefit fund programs, the
    35    dental insurance  plan,  the  vision  care
    36    plan, the unemployment insurance fund, and
    37    for  workers'  compensation  benefits, the
    38    sum of [one hundred fifteen million  seven
    39    hundred     fifty     thousand     dollars
    40    ($115,750,000)]  one  hundred   twenty-two
    41    million two hundred fifty thousand dollars
    42    ($122,250,000),  or  so  much  thereof  as
    43    shall  be  sufficient  to  accomplish  the
    44    purpose designated, is hereby appropriated
    45    to  the judiciary out of any moneys in the
    46    general fund or other funds to the  credit
    47    of  the  state purposes account not other-
    48    wise  appropriated.  The  comptroller   is
    49    hereby  authorized and directed to utilize
    50    this  appropriation  for  the  purpose  of
    51    making  payments for employee fringe bene-
    52    fit liabilities incurred by the  judiciary
    53    from April 1 through May [18] 20, 2026 ...
    54    ............................. [115,750,000]  122,250,000
    55                                --------------

        S. 10520                            8
 
     1    §  8.  The  amounts  specified  in this section, or so much thereof as
     2  shall be sufficient to accomplish the  purposes  designated,  is  hereby
     3  appropriated  and  authorized to be paid as hereinafter provided, to the
     4  respective public officers and for the purposes specified, which  amount
     5  shall be available for the state fiscal year beginning April 1, 2026.
 
     6                    DEPARTMENT OF AGRICULTURE AND MARKETS
 
     7                              AID TO LOCALITIES

     8  AGRICULTURAL BUSINESS SERVICES PROGRAM ....................... 2,500,000
     9                                                            --------------
 
    10    General Fund
    11    Local Assistance Account - 10000
 
    12  For  services  and  expenses  to  promote or
    13    administer annual fairs or expositions for
    14    the promotion of agriculture and  domestic
    15    arts  that  receive premium reimbursements
    16    pursuant to article 24 of the  agriculture
    17    and markets law.
    18  Notwithstanding  any provision of law to the
    19    contrary, up to $550,000 to  be  allocated
    20    by  the  commissioner  in  amounts  not to
    21    exceed $50,000 to such  eligible  agricul-
    22    tural  and  horticultural  corporations or
    23    county extension services on a non-compet-
    24    itive basis until such funds are exhausted
    25    for the purposes of providing advertising,
    26    promotion, and education programs (11347) .... 2,500,000
    27                                              --------------
 
    28    § 9. Section 8 of chapter 104 of the laws of 2026, relating to  making
    29  appropriations  for the support of government, as amended by chapter 108
    30  of the laws of 2026, is amended to read as follows:
    31    § 8. 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                            EDUCATION DEPARTMENT
 
    37                              AID TO LOCALITIES
 
    38  OFFICE OF PREKINDERGARTEN THROUGH GRADE  TWELVE  EDUCATION
    39    PROGRAM ................................ [2,290,000,000] 8,218,184,000
    40                                             --------------
 
    41    General Fund
    42    Local Assistance Account - 10000
 
    43  For  remaining 2025-26 and prior school year
    44    obligations, including aid for such school
    45    years payable pursuant to  section  3609-d

        S. 10520                            9
 
     1    of   the   education  law,  provided  that
     2    notwithstanding any provision  of  law  to
     3    the  contrary,  subject to the approval of
     4    the  director  of the budget, funds appro-
     5    priated herein may  be  interchanged  with
     6    any other item of appropriation for gener-
     7    al  support  for public schools within the
     8    general  fund  local  assistance   account
     9    office  of  prekindergarten  through grade
    10    twelve education program.
    11  Notwithstanding any other law, rule or regu-
    12    lation to the contrary, funds appropriated
    13    herein shall be available for  payment  of
    14    financial  assistance net of any disallow-
    15    ances, refunds, reimbursement and credits,
    16    and may be suballocated to  other  depart-
    17    ments   and  agencies  to  accomplish  the
    18    intent of this  appropriation  subject  to
    19    the  approval of the director of the budg-
    20    et. Notwithstanding any provision  of  law
    21    to the contrary, funds appropriated herein
    22    shall  be available for payment of liabil-
    23    ities heretofore accrued or  hereafter  to
    24    accrue (21701) ........... [2,283,000,000] 8,206,350,000
    25  For  general  support for public schools for
    26    the  2026-27  state  fiscal  year  payable
    27    pursuant to a chapter of the laws of 2026,
    28    provided  that, notwithstanding any incon-
    29    sistent provision of law, subject  to  the
    30    approval  of  the  director of the budget,
    31    funds appropriated herein  may  be  inter-
    32    changed  with  any other item of appropri-
    33    ation  for  general  support  for   public
    34    schools  within  the  general  fund  local
    35    assistance account office of prekindergar-
    36    ten through grade twelve education program ... 7,000,000
    37                                              --------------
 
    38    Special Revenue Funds - Other
    39    State Lottery Fund
    40    State Lottery Account - 20901
 
    41  For general support for public  schools  for
    42    the 2026-27 school year (21735) .............. 4,834,000
    43                                              --------------

    44    §  10. Section 5 of chapter 98 of the laws of 2026, relating to making
    45  appropriations for the support of government, as amended by chapter  113
    46  of the laws of 2026, is amended to read as follows:
    47    §  5.  The  amounts  specified  in this section, or so much thereof as
    48  shall be sufficient to accomplish the  purposes  designated,  is  hereby
    49  appropriated  and  authorized to be paid as hereinafter provided, to the
    50  public officers and for the purposes specified, which  amount  shall  be
    51  available for the state fiscal year beginning April 1, 2026.
 
    52                            DEPARTMENT OF HEALTH

        S. 10520                           10
 
     1                              AID TO LOCALITIES
 
     2  CENTER FOR COMMUNITY HEALTH PROGRAM .......... [60,352,000]   62,492,000
     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    .............................. [50,290,000]   52,430,000
    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. 10520                           11
 
     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] 13,719,650,000
    46                                            --------------
 
    47    General Fund
    48    Local Assistance Account - 10000

        S. 10520                           12
 
     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. 10520                           13
 
     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. 10520                           14
 
     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. 10520                           15
 
     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. 10520                           16
 
     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. 10520                           17
 
     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. 10520                           18
 
     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. 10520                           19
 
     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. 10520                           20
 
     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. 10520                           21
 
     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. 10520                           22
 
     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. 10520                           23

     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. 10520                           24
 
     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]  531,195,000
    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]   94,668,000

        S. 10520                           25
 
     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]  153,279,000
    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]  789,180,000
    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] 2,251,263,000
    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. 10520                           26
 
     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] 2,747,276,000
    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]  827,533,000
    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]  111,174,000
    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. 10520                           27
 
     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]   12,852,000
     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] 1,258,635,000
    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]  673,078,000
    50                               --------------
 
    51    § 11. Section 6 of chapter 98 of the laws of 2026, relating to  making
    52  appropriations  for the support of government, as amended by chapter 113
    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. 10520                           28
 
     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 ... [1,470,000,000] 1,575,000,000
     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) ...... [1,470,000,000] 1,575,000,000
    21                               --------------

    22    § 12. Section 7 of chapter 98 of the laws of 2026, relating to  making
    23  appropriations  for the support of government, as amended by chapter 113
    24  of the laws of 2026, is amended to read as follows:
    25    § 7. 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 MENTAL HYGIENE
 
    31              OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES
 
    32                              AID TO LOCALITIES
 
    33  COMMUNITY SERVICES PROGRAM ................. [919,125,000] 1,062,495,000
    34                                             --------------

    35    General Fund
    36    Local Assistance Account - 10000
 
    37  For services and expenses of  the  community
    38    services  program,  net  of disallowances,
    39    for community  programs  for  people  with
    40    developmental   disabilities  pursuant  to
    41    article 41  of  the  mental  hygiene  law,
    42    and/or  chapter  620  of the laws of 1974,
    43    chapter 660 of the laws of  1977,  chapter
    44    412 of the laws of 1981, chapter 27 of the

        S. 10520                           29
 
     1    laws  of  1987, chapter 729 of the laws of
     2    1989, chapter 329 of the laws of 1993  and
     3    other  provisions  of  the  mental hygiene
     4    law.   Notwithstanding   any  inconsistent
     5    provision of law, the following  appropri-
     6    ation shall be net of prior and/or current
     7    year refunds, rebates, reimbursements, and
     8    credits.
     9  Notwithstanding  any other provision of law,
    10    advances and reimbursement  made  pursuant
    11    to  subdivision  (d)  of section 41.15 and
    12    section 41.18 of the  mental  hygiene  law
    13    shall  be allocated pursuant to a plan and
    14    in a manner prescribed by the agency  head
    15    and  approved by the director of the budg-
    16    et. The  moneys  hereby  appropriated  are
    17    available  to reimburse or advance locali-
    18    ties and voluntary non-profit agencies for
    19    expenditures  made  during  local   fiscal
    20    periods  commencing January 1, 2026, April
    21    1, 2026 or July 1, 2026, and for  advances
    22    for  the  3 month period beginning January
    23    1, 2027.
    24  Notwithstanding the provisions of article 41
    25    of the mental hygiene  law  or  any  other
    26    inconsistent  provision  of  law,  rule or
    27    regulation, the commissioner, pursuant  to
    28    such  contract  and in the manner provided
    29    therein, may pay all or a portion  of  the
    30    expenses  incurred by such voluntary agen-
    31    cies arising out of loans which are funded
    32    from  the  proceeds  of  bonds  and  notes
    33    issued  by  the dormitory authority of the
    34    state of New York.
    35  Notwithstanding any other provision of  law,
    36    the   money  hereby  appropriated  may  be
    37    transferred to state operations and/or any
    38    appropriation of  the  office  for  people
    39    with  developmental  disabilities with the
    40    approval of the director of the budget.
    41  Notwithstanding any  inconsistent  provision
    42    of law, moneys from this appropriation may
    43    be used for state aid of up to 100 percent
    44    of  the  net deficit costs of day training
    45    programs and family support services.
    46  Notwithstanding the  provisions  of  section
    47    16.23  of  the  mental hygiene law and any
    48    other inconsistent provision of law,  with
    49    relation  to  the  operation  of certified
    50    family care homes, including  family  care
    51    homes  sponsored by voluntary not-for-pro-
    52    fit agencies, moneys from  this  appropri-
    53    ation may be used for payments to purchase
    54    general services including but not limited
    55    to  respite  providers, up to a maximum of
    56    14 days, at rates to be established by the

        S. 10520                           30
 
     1    commissioner and approved by the  director
     2    of  the budget in consideration of factors
     3    including, but not limited to,  geographic
     4    area  and  number  of clients cared for in
     5    the home and  for  payment  in  an  amount
     6    determined  by  the  commissioner  for the
     7    personal needs of each client residing  in
     8    the family care home.
     9  Notwithstanding  the  provisions of subdivi-
    10    sion 12 of section 8 of the state  finance
    11    law  and  any other inconsistent provision
    12    of law, moneys from this appropriation may
    13    be used for expenses of family care  homes
    14    including  payments to operators of certi-
    15    fied family care homes for damages  caused
    16    by  clients  to personal and real property
    17    in accordance with  standards  established
    18    by  the  commissioner  and approved by the
    19    director of the budget.
    20  Notwithstanding any  inconsistent  provision
    21    of law, moneys from this appropriation may
    22    be   used   for  appropriate  day  program
    23    services and residential services  includ-
    24    ing,  but  not  limited to, direct housing
    25    subsidies   to    individuals,    start-up
    26    expenses  for family care providers, envi-
    27    ronmental modifications, adaptive technol-
    28    ogies,   appraisals,   property   options,
    29    feasibility   studies  and  preoperational
    30    expenses.
    31  Notwithstanding any  inconsistent  provision
    32    of law except pursuant to a chapter of the
    33    laws  of  2025  authorizing  a 2.6 percent
    34    targeted inflationary  increase,  for  the
    35    period  commencing  on  April  1, 2025 and
    36    ending March  31,  2026  the  commissioner
    37    shall  not  apply  any  other inflationary
    38    increases, cost of living type  increases,
    39    inflation  factors,  or  trend factors for
    40    the  purpose  of  establishing  rates   of
    41    payments,  contracts  or any other form of
    42    reimbursement; provided  that  this  shall
    43    not prevent the commissioner from applying
    44    prior   adjustments  for  the  purpose  of
    45    establishing rates resulting from a rebas-
    46    ing of base year costs.
    47  Notwithstanding section 6908 of  the  educa-
    48    tion  law  and any other provision of law,
    49    rule or regulation to the contrary, direct
    50    support staff  in  programs  certified  or
    51    approved  by  the  office  for people with
    52    developmental disabilities, including  the
    53    home  and  community based services waiver
    54    programs that the office for  people  with
    55    developmental  disabilities  is authorized
    56    to administer with federal approval pursu-

        S. 10520                           31
 
     1    ant to subdivision (c) of section 1915  of
     2    the   federal  social  security  act,  are
     3    authorized to provide such tasks as  OPWDD
     4    may   specify  when  performed  under  the
     5    supervision,   training    and    periodic
     6    inspection  of  a  registered professional
     7    nurse and in accordance with an authorized
     8    practitioner's ordered care.
     9  Notwithstanding any other provision  of  law
    10    to   the  contrary,  and  consistent  with
    11    section 33.07 of the mental  hygiene  law,
    12    the  directors  of facilities licensed but
    13    not operated by the office for people with
    14    developmental  disabilities  who  act   as
    15    federally-appointed  representative payees
    16    and who assume  management  responsibility
    17    over  the funds of a resident may continue
    18    to use such funds  for  the  cost  of  the
    19    resident's  care and treatment, consistent
    20    with federal law and regulations.
    21  Funds appropriated herein shall be available
    22    in accordance with the following:
    23  Notwithstanding any  inconsistent  provision
    24    of  law,  the  director  of  the budget is
    25    authorized  to  make  suballocations  from
    26    this  appropriation  to  the department of
    27    health medical assistance program.
    28  Notwithstanding any  inconsistent  provision
    29    of  law,  and  pursuant to criteria estab-
    30    lished by the commissioner of  the  office
    31    for people with developmental disabilities
    32    and  approved by the director of the budg-
    33    et, expenditures may  be  made  from  this
    34    appropriation  for  residential facilities
    35    which  are  pending   recertification   as
    36    intermediate  care  facilities  for people
    37    with developmental disabilities.
    38  Notwithstanding the  provisions  of  section
    39    41.36  of  the  mental hygiene law and any
    40    other  inconsistent  provision   of   law,
    41    moneys from this appropriation may be used
    42    for  payment  up  to  $250  per  year  per
    43    client, at such times and in  such  manner
    44    as  determined  by the commissioner on the
    45    basis of financial need for  the  personal
    46    needs of each client residing in voluntar-
    47    y-operated community residences and volun-
    48    tary-operated community residential alter-
    49    natives,      including     individualized
    50    residential alternatives  under  the  home
    51    and  community  based services waiver. The
    52    commissioner   shall,   subject   to   the
    53    approval  of  the  director of the budget,
    54    alter existing advance  payment  schedules
    55    for   voluntary-operated  community  resi-

        S. 10520                           32
 
     1    dences  established  pursuant  to  section
     2    41.36 of the mental hygiene law.
     3  Notwithstanding  any  inconsistent provision
     4    of law, moneys from this appropriation may
     5    be  used  for  the  operation  of  clinics
     6    licensed  pursuant  to  article  16 of the
     7    mental  hygiene  law  including,  but  not
     8    limited  to,  supportive  and habilitative
     9    services  consistent  with  the  home  and
    10    community based services waiver.
    11  For  the state and/or local share of medical
    12    assistance services expenses  incurred  by
    13    the department of health for the provision
    14    of  medical  assistance services to people
    15    with developmental disabilities (37835) ..
    16    ............................. [840,024,000]  980,028,000
    17  For services and expenses of  the  community
    18    services  program,  net  of disallowances,
    19    for community  programs  for  people  with
    20    developmental   disabilities  pursuant  to
    21    article 41  of  the  mental  hygiene  law,
    22    and/or  chapter  620  of the laws of 1974,
    23    chapter 660 of the laws of  1977,  chapter
    24    412 of the laws of 1981, chapter 27 of the
    25    laws  of  1987, chapter 729 of the laws of
    26    1989, chapter 329 of the laws of 1993  and
    27    other  provisions  of  the  mental hygiene
    28    law.  Notwithstanding   any   inconsistent
    29    provision  of law, the following appropri-
    30    ation shall be net of prior and/or current
    31    year refunds, rebates, reimbursements, and
    32    credits.
    33  Notwithstanding any other provision of  law,
    34    advances  and  reimbursement made pursuant
    35    to subdivision (d) of  section  41.15  and
    36    section  41.18  of  the mental hygiene law
    37    shall be allocated pursuant to a plan  and
    38    in  a manner prescribed by the agency head
    39    and approved by the director of the  budg-
    40    et.    The  moneys hereby appropriated are
    41    available to reimburse or advance  locali-
    42    ties and voluntary non-profit agencies for
    43    expenditures   made  during  local  fiscal
    44    periods commencing January 1, 2026,  April
    45    1,  2026 or July 1, 2026, and for advances
    46    for the 3 month period  beginning  January
    47    1, 2027.
    48  Notwithstanding the provisions of article 41
    49    of  the  mental  hygiene  law or any other
    50    inconsistent provision  of  law,  rule  or
    51    regulation,  the commissioner, pursuant to
    52    such contract and in the  manner  provided
    53    therein,  may  pay all or a portion of the
    54    expenses incurred by such voluntary  agen-
    55    cies arising out of loans which are funded
    56    from  the  proceeds  of  bonds  and  notes

        S. 10520                           33
 
     1    issued by the dormitory authority  of  the
     2    state of New York.
     3  Notwithstanding  any other provision of law,
     4    the  money  hereby  appropriated  may   be
     5    transferred to state operations and/or any
     6    appropriation  of  the  office  for people
     7    with developmental disabilities  with  the
     8    approval of the director of the budget.
     9  Notwithstanding  any  inconsistent provision
    10    of law, moneys from this appropriation may
    11    be used for state aid of up to 100 percent
    12    of the net deficit costs of  day  training
    13    programs and family support services.
    14  Notwithstanding  the  provisions  of section
    15    16.23 of the mental hygiene  law  and  any
    16    other  inconsistent provision of law, with
    17    relation to  the  operation  of  certified
    18    family  care  homes, including family care
    19    homes sponsored by voluntary  not-for-pro-
    20    fit  agencies,  moneys from this appropri-
    21    ation may be used for payments to purchase
    22    general services including but not limited
    23    to respite providers, up to a  maximum  of
    24    14 days, at rates to be established by the
    25    commissioner  and approved by the director
    26    of the budget in consideration of  factors
    27    including,  but not limited to, geographic
    28    area and number of clients  cared  for  in
    29    the  home  and  for  payment  in an amount
    30    determined by  the  commissioner  for  the
    31    personal  needs of each client residing in
    32    the family care home.
    33  Notwithstanding the provisions  of  subdivi-
    34    sion  12 of section 8 of the state finance
    35    law and any other  inconsistent  provision
    36    of law, moneys from this appropriation may
    37    be  used for expenses of family care homes
    38    including payments to operators of  certi-
    39    fied  family care homes for damages caused
    40    by clients to personal and  real  property
    41    in  accordance  with standards established
    42    by the commissioner and  approved  by  the
    43    director of the budget.
    44  Notwithstanding  any  inconsistent provision
    45    of law, moneys from this appropriation may
    46    be  used  for  appropriate   day   program
    47    services  and residential services includ-
    48    ing, but not limited  to,  direct  housing
    49    subsidies    to    individuals,   start-up
    50    expenses for family care providers,  envi-
    51    ronmental modifications, adaptive technol-
    52    ogies,   appraisals,   property   options,
    53    feasibility  studies  and   preoperational
    54    expenses.
    55  Notwithstanding  any  inconsistent provision
    56    of law, moneys from this appropriation may

        S. 10520                           34
 
     1    be  used  to  fund  continuity   of   care
     2    services, family reimbursed respite, other
     3    than  personal services and direct housing
     4    subsidies  for  people who are enrolled in
     5    OPWDD's self-direction  program,  provided
     6    any  or all such costs are identified in a
     7    self-direction budget approved by OPWDD.
     8  Notwithstanding any  inconsistent  provision
     9    of law except pursuant to a chapter of the
    10    laws  of  2025  authorizing  a 2.6 percent
    11    targeted inflationary  increase,  for  the
    12    period  commencing  on  April  1, 2025 and
    13    ending March  31,  2026  the  commissioner
    14    shall  not  apply  any  other inflationary
    15    increases, cost of living type  increases,
    16    inflation  factors,  or  trend factors for
    17    the  purpose  of  establishing  rates   of
    18    payments,  contracts  or any other form of
    19    reimbursement; provided  that  this  shall
    20    not prevent the commissioner from applying
    21    prior   adjustments  for  the  purpose  of
    22    establishing rates resulting from a rebas-
    23    ing of base year costs.
    24  Notwithstanding section 6908 of  the  educa-
    25    tion  law  and any other provision of law,
    26    rule or regulation to the contrary, direct
    27    support staff  in  programs  certified  or
    28    approved  by  the  office  for people with
    29    developmental disabilities, including  the
    30    home  and  community based services waiver
    31    programs that the office for  people  with
    32    developmental  disabilities  is authorized
    33    to administer with federal approval pursu-
    34    ant to subdivision (c) of section 1915  of
    35    the   federal  social  security  act,  are
    36    authorized to provide such tasks as  OPWDD
    37    may   specify  when  performed  under  the
    38    supervision,   training    and    periodic
    39    inspection  of  a  registered professional
    40    nurse and in accordance with an authorized
    41    practitioner's ordered care.
    42  Notwithstanding any other provision  of  law
    43    to   the  contrary,  and  consistent  with
    44    section 33.07 of the mental  hygiene  law,
    45    the  directors  of facilities licensed but
    46    not operated by the office for people with
    47    developmental  disabilities  who  act   as
    48    federally-appointed  representative payees
    49    and who assume  management  responsibility
    50    over  the funds of a resident may continue
    51    to use such funds  for  the  cost  of  the
    52    resident's  care and treatment, consistent
    53    with federal law and regulations.
    54  Funds appropriated herein shall be available
    55    in accordance with the following:

        S. 10520                           35
 
     1  Notwithstanding any other provision  of  law
     2    to the contrary, funds appropriated herein
     3    are    available  to    reimburse  in- and
     4    out-of-state private residential  schools,
     5    pursuant  to  subdivision  (c)  of section
     6    13.37-a and  subdivision  (g)  of  section
     7    13.38 of the mental hygiene law, for costs
     8    of  supporting  the  residential  and  day
     9    program services available to  individuals
    10    who  are  over the age of 21 years of age,
    11    provided that the amount paid for residen-
    12    tial services and/or maintenance costs  is
    13    net  of  any  supplemental security income
    14    benefit to which the individual  receiving
    15    services is eligible, and provided further
    16    that  funding  for nonresidential services
    17    will be in an amount  not  to  exceed  the
    18    maximum  reimbursement for appropriate day
    19    services  delivered  by  the  office   for
    20    people   with  developmental  disabilities
    21    certified or approved providers other than
    22    in- and out-of-state  private  residential
    23    schools,  unless  otherwise  authorized by
    24    the director of the budget.
    25  Notwithstanding section  163  of  the  state
    26    finance  law,  section 142 of the economic
    27    development law, and  article  41  of  the
    28    mental  hygiene  law,  the commissioner of
    29    the office for people  with  developmental
    30    disabilities  may make the funds appropri-
    31    ated herein available as state aid, a loan
    32    or a grant, pursuant to terms  and  condi-
    33    tions  established  by the commissioner of
    34    the office for people  with  developmental
    35    disabilities,  to  cover  a portion of the
    36    development  costs  of   private,   public
    37    and/or non-profit organizations, including
    38    corporations  and partnerships established
    39    pursuant to the  private  housing  finance
    40    law and/or any other statutory provisions,
    41    for  supportive  housing  units  that have
    42    been set aside for individuals with intel-
    43    lectual  and  developmental  disabilities.
    44    Further, the office for people with devel-
    45    opmental disabilities shall have a lien on
    46    the  real  property  developed  with  such
    47    state aid, loans or grants, which shall be
    48    in the amount of the loan or grant, for  a
    49    maximum  term of 30 years, or other longer
    50    term consistent with the  requirements  of
    51    another regulatory agency.
    52  For  services  and  expenses  related to the
    53    provision  of  residential   services   to
    54    people   with  developmental  disabilities
    55    (37802) ...................... [45,919,000]   47,873,000

        S. 10520                           36
 
     1  For services and  expenses  related  to  the
     2    provision   of  day  program  services  to
     3    people   with  developmental  disabilities
     4    (37803) ...................... [11,280,000]   11,760,000
     5  For services and  expenses  related  to  the
     6    provision  of  family  support services to
     7    people  with  developmental   disabilities
     8    (37804) ...................... [12,690,000]   13,230,000
     9  For  services  and  expenses  related to the
    10    provision of workshop,  day  training  and
    11    employment  services to people with devel-
    12    opmental disabilities. Notwithstanding any
    13    other provision of law, up  to  [$108,100]
    14    $112,700  of  this  appropriation  may  be
    15    transferred to the New York  State  Educa-
    16    tion Departments' Adult Career and Contin-
    17    uing Education Services - Vocational Reha-
    18    bilitation  (ACCES-VR)  program to support
    19    the LongTerm Sheltered Employment  program
    20    operated    by    FEDCAP    Rehabilitation
    21    Services, Inc.  (37805) ....... [7,332,000]    7,644,000
    22  For other services and expenses provided  to
    23    people   with  developmental  disabilities
    24    including but not limited to hepatitis  B,
    25    care  at  home  waiver, epilepsy services,
    26    Special Olympics New York, Inc. and volun-
    27    tary fingerprinting (37806) ... [1,880,000]    1,960,000
    28                                --------------
 
    29    § 13. Section 8 of chapter 98 of the laws of 2026, relating to  making
    30  appropriations  for the support of government, as amended by chapter 113
    31  of the laws of 2026, is amended to read as follows:
    32    § 8. The amounts specified in this section,  or  so  much  thereof  as
    33  shall  be  sufficient  to  accomplish the purposes designated, is hereby
    34  appropriated and authorized to be paid as hereinafter provided,  to  the
    35  public  officers  and  for the purposes specified, which amount shall be
    36  available for the state fiscal year beginning April 1, 2026.
 
    37                      DEPARTMENT OF VETERANS' SERVICES
 
    38                              AID TO LOCALITIES
 
    39  BLIND VETERAN ANNUITY ASSISTANCE PROGRAM ....................... 770,000
    40                                                            --------------
 
    41    General Fund
    42    Local Assistance Account - 10000
 
    43  For payment of annuities to  blind  veterans
    44    and  eligible  surviving  spouses.  Up  to
    45    $15,000  of  this  appropriation  may   be
    46    transferred to state operations for admin-
    47    istrative   costs   associated  with  this
    48    program (54606) ................................ 770,000
    49                                              --------------

        S. 10520                           37
 
     1  VETERANS' BENEFITS ADVISING PROGRAM ............. [282,000]      294,000
     2                                              --------------
 
     3    Special Revenue Funds - Other
     4    Homeless Veterans Assistance Fund
     5    Homeless Veterans Assistance Account - 20204
 
     6  For  services  and expenses related to home-
     7    less veterans' housing (54815) .. [282,000]      294,000
     8                                --------------
 
     9    § 14. No expenditure may be made from any appropriation in  this  act,
    10  until  a  certificate of approval has been issued by the director of the
    11  budget and a copy of such certificate shall have  been  filed  with  the
    12  state  comptroller, the chairman of the senate finance committee and the
    13  chairman of the assembly ways and  means  committee  provided,  however,
    14  that  any  expenditures  from  any appropriation in this act made by the
    15  legislature or judiciary shall not require such certificate.
 
    16    § 15. All expenditures and disbursements made  against  the  appropri-
    17  ations in this act shall, upon final action by the legislature on appro-
    18  priation  bills submitted by the governor pursuant to article VII of the
    19  state constitution for the support of government for  the  state  fiscal
    20  year  beginning  April  1,  2026,  be  transferred by the comptroller as
    21  expenditures and disbursements to  such  appropriations  for  all  state
    22  departments and agencies, as applicable, in amounts equal to the amounts
    23  charged against the appropriations in this act for each such department,
    24  agency, and the legislature and the judiciary.
 
    25    §  16. Severability clause. If any clause, sentence, paragraph, subdi-
    26  vision, section or part of this act shall be adjudged by  any  court  of
    27  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    28  impair, or invalidate the remainder thereof, but shall  be  confined  in
    29  its  operation  to the clause, sentence, paragraph, subdivision, section
    30  or part thereof directly involved in the controversy in which such judg-
    31  ment shall have been rendered. It is hereby declared to be the intent of
    32  the legislature that this act would  have  been  enacted  even  if  such
    33  invalid provisions had not been included herein.
 
    34    §  17.  This  act shall take effect immediately and shall be deemed to
    35  have been in full force and effect on and after April 1, 2026; provided,
    36  however, that upon the transfer of expenditures and disbursements by the
    37  comptroller as provided in section fifteen of this  act,  the  appropri-
    38  ations  made  by  this  act  and subject to such section shall be deemed
    39  repealed.
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