STATE OF NEW YORK
________________________________________________________________________
7631
2025-2026 Regular Sessions
IN SENATE
April 24, 2025
___________
Introduced by Sen. KRUEGER -- (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 113 of the laws of 2025 making appropriations for the support
of government, in relation thereto; to amend chapter 118 of the laws
of 2025 making appropriations for the support of government, in
relation thereto; to amend chapter 119 of the laws of 2025 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, 2025 are enacted.
8 § 2. Section 2 of chapter 113 of the laws of 2025, relating to making
9 appropriations for the support of government, as amended by chapter 122
10 of the laws of 2025, 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, 2025.
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.
LBD12009-01-5
S. 7631 2
1 personal service, including liabilities
2 incurred prior to April 1, 2025, on the
3 payrolls scheduled to be paid during the
4 period April 1 through April [24] 29, 2025
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 .............. 1,336,630,000
15 --------------
16 § 3. Section 3 of chapter 113 of the laws of 2025, relating to making
17 appropriations for the support of government, as amended by chapter 122
18 of the laws of 2025, is amended to read as follows:
19 § 3. The amount specified in this section, or so much thereof as shall
20 be sufficient to accomplish the purpose designated, is hereby appropri-
21 ated and authorized to be paid as hereinafter provided, to the public
22 officers and for the purpose specified, which amount shall be available
23 for the state fiscal year beginning April 1, 2025.
24 ALL STATE DEPARTMENTS AND AGENCIES
25 For the payment of state operations non
26 personal service liabilities to the execu-
27 tive branch, including the comptroller,
28 and the attorney general, and legislature,
29 incurred in the ordinary course of busi-
30 ness, during the period April 1 through
31 April [24] 29, 2025, pursuant to existing
32 state law and for purposes for which the
33 legislature authorized the expenditure of
34 moneys during the 2024-2025 state fiscal
35 year; provided, however, that nothing
36 contained herein shall be deemed to limit
37 or restrict the power or authority of
38 state departments or agencies to conduct
39 their activities or operations in accord-
40 ance with existing law, and further
41 provided that nothing contained herein
42 shall be deemed to supersede, nullify or
43 modify the provisions of section 40 of the
44 state finance law prescribing when appro-
45 priations made for the 2024-2025 state
46 fiscal year shall have ceased to have
47 force and effect ............................ 34,000,000
48 --------------
49 § 4. Section 4 of chapter 113 of the laws of 2025, relating to making
50 appropriations for the support of government, as amended by chapter 122
51 of the laws of 2025, is amended to read as follows:
S. 7631 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 public officers and for the purposes specified, which amount shall be
5 available for the state fiscal year beginning April 1, 2025.
6 MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES
7 GENERAL STATE CHARGES
8 STATE OPERATIONS
9 GENERAL STATE CHARGES ....................... [567,571,000] 575,295,000
10 --------------
11 General Fund
12 State Purposes Account - 10050
13 For employee fringe benefits according to
14 the following project schedule including
15 those benefits which are related to
16 employees paid from funds, accounts, or
17 programs where the division of the budget
18 has issued waivers .......... [567,471,000] 567,475,000
19 Project Schedule
20 PROJECT AMOUNT
21 --------------------------------------------
22 For the state's contribution
23 to the health insurance fund
24 and deposit into the retiree
25 health benefit trust fund
26 pursuant to section 99-aa of
27 the state finance law. The
28 state's share of the health
29 insurance program dividends
30 shall be available to pay
31 for the premiums in 2025-26 .. 422,000,000
32 For the state's contribution
33 to the social security
34 contribution fund ............. 99,150,000
35 For the state's contribution
36 to employee benefit fund
37 programs ...................... 37,500,000
38 For the state's contribution
39 to the dental insurance plan ... 6,000,000
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 of
46 2012 who elect to partic-
47 ipate in such plan and who
48 are not otherwise eligible
49 to participate in the SUNY
S. 7631 4
1 optional retirement program
2 ................... [554,000] 558,000
3 For the payment of the metro-
4 politan commuter transporta-
5 tion mobility tax pursuant
6 to article 23 of the tax
7 law, as added by chapter 25
8 of the laws of 2009, on
9 behalf of the state employ-
10 ees employed in the metro-
11 politan commuter transporta-
12 tion district .................. 2,250,000
13 For the state's contribution
14 to the vision care plan ........... 17,000
15 --------------
16 Project schedule total ...
17 ........... [567,471,000] 567,475,000
18 --------------
19 For payments in accordance with section 19-a
20 of the public lands law (80567) .............. 7,720,000
21 For payment of claims for damage to personal
22 or real property or for bodily injuries or
23 wrongful death caused by officers, employ-
24 ees, or other authorized persons providing
25 service to state government while provid-
26 ing such service, and the state university
27 construction fund while acting within the
28 scope of their employment, and while oper-
29 ating motor vehicles, and for any individ-
30 uals operating motor vehicles which are
31 assigned on a permanent basis with unre-
32 stricted use to state officers and employ-
33 ees when the person is permanently
34 assigned the motor vehicle (80559) ............. 100,000
35 --------------
36 § 5. Section 5 of chapter 118 of the laws of 2025, relating to making
37 appropriations for the support of government, as amended by chapter 122
38 of the laws of 2025, 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 public officers and for the purposes specified, which amount shall be
43 available for the state fiscal year beginning April 1, 2025.
44 JUDICIARY
45 For the purpose of making payments for
46 personal service, including liabilities
47 incurred prior to April 1, 2025, on the
48 payrolls scheduled to be paid during the
49 period April 1 through April [24] 29, 2025
50 to officers and employees of the judiciary
51 ............................................ 175,000,000
S. 7631 5
1 For the payment of state operations nonper-
2 sonal service liabilities, the sum of
3 twenty-five million dollars ($25,000,000),
4 or so much thereof as shall be sufficient
5 to accomplish the purpose designated, is
6 hereby appropriated to the judiciary out
7 of any moneys in the general fund or other
8 funds to the credit of the state purposes
9 account not otherwise appropriated. The
10 comptroller is hereby authorized and
11 directed to utilize this appropriation for
12 the purpose of making payments for nonper-
13 sonal service liabilities incurred by the
14 judiciary from April 1 through April [24]
15 29, 2025 .................................... 25,000,000
16 For the payment of aid to localities liabil-
17 ities, the sum of thirty million dollars
18 ($30,000,000), or so much thereof as shall
19 be sufficient to accomplish the purpose
20 designated, is hereby appropriated to the
21 judiciary out of any moneys in the general
22 fund or other funds to the credit of the
23 state purposes account not otherwise
24 appropriated. The comptroller is hereby
25 authorized and directed to utilize this
26 appropriation for the purpose of making
27 payments for aid to localities liabilities
28 incurred by the judiciary from April 1
29 through April [24] 29, 2025 ................. 30,000,000
30 For the payment of employee fringe benefit
31 programs including, but not limited to,
32 the judiciary's contributions to the
33 health insurance fund, the employees'
34 retirement system pension accumulation
35 fund, the social security contribution
36 fund, employee benefit fund programs, the
37 dental insurance plan, the vision care
38 plan, the unemployment insurance fund, and
39 for workers' compensation benefits, the
40 sum of three hundred million dollars
41 ($300,000,000), or so much thereof as
42 shall be sufficient to accomplish the
43 purpose designated, is hereby appropriated
44 to the judiciary out of any moneys in the
45 general fund or other funds to the credit
46 of the state purposes account not other-
47 wise appropriated. The comptroller is
48 hereby authorized and directed to utilize
49 this appropriation for the purpose of
50 making payments for employee fringe bene-
51 fit liabilities incurred by the judiciary
52 from April 1 through April [24] 29, 2025 ... 300,000,000
53 --------------
S. 7631 6
1 § 6. Section 5 of chapter 113 of the laws of 2025, relating to making
2 appropriations for the support of government, as amended by chapter 122
3 of the laws of 2025, is amended to read as follows:
4 § 5. The amounts specified in this section, or so much thereof as
5 shall be sufficient to accomplish the purposes designated, is hereby
6 appropriated and authorized to be paid as hereinafter provided, to the
7 public officers and for the purposes specified, which amount shall be
8 available for the state fiscal year beginning April 1, 2025.
9 DEPARTMENT OF HEALTH
10 AID TO LOCALITIES
11 CENTER FOR COMMUNITY HEALTH PROGRAM ......... [32,680,000] 38,030,000
12 --------------
13 General Fund
14 Local Assistance Account - 10000
15 For services and expenses related to the
16 Indian health program. The money hereby
17 appropriated shall be for payment of
18 financial assistance heretofore accrued or
19 hereafter to accrue (26840) .................. 7,000,000
20 --------------
21 Special Revenue Funds - Federal
22 Federal USDA-Food and Nutrition Services Fund
23 Federal Food and Nutrition Services Account - 25022
24 For various federal food and nutritional
25 services. The moneys hereby appropriated
26 shall be available for payment of finan-
27 cial assistance heretofore accrued (26986)
28 ............................. [25,680,000] 31,030,000
29 --------------
30 ELDERLY PHARMACEUTICAL INSURANCE COVERAGE PROGRAM ............ 1,520,000
31 --------------
32 Special Revenue Funds - Other
33 HCRA Resources Fund
34 EPIC Premium Account - 20818
35 For services and expenses of the program for
36 elderly pharmaceutical insurance coverage,
37 including reimbursement to pharmacies
38 participating in such program.
39 The moneys hereby appropriated shall be
40 available for payment of financial assist-
41 ance heretofore accrued (26803) .............. 1,520,000
42 MEDICAL ASSISTANCE PROGRAM ............... [6,032,985,000] 7,541,232,000
43 --------------
S. 7631 7
1 General Fund
2 Local Assistance Account - 10000
3 For the medical assistance program, includ-
4 ing administrative expenses, for local
5 social services districts, and for medical
6 care rates for authorized child care agen-
7 cies.
8 Notwithstanding section 40 of the state
9 finance law or any provision of law to the
10 contrary, subject to federal approval,
11 department of health state funds medicaid
12 spending, excluding payments for medical
13 services provided at state facilities
14 operated by the office of mental health,
15 the office for people with developmental
16 disabilities and the office of addiction
17 services and supports and further exclud-
18 ing any payments which are not appropri-
19 ated within the department of health, in
20 the aggregate, for the period April 1,
21 2025 through March 31, 2026, shall not
22 exceed $33,417,285,000 except as provided
23 below provided, however, such aggregate
24 limits may be adjusted by the director of
25 the budget to account for any changes in
26 the New York state federal medical assist-
27 ance percentage amount established pursu-
28 ant to the federal social security act,
29 increases in provider revenues, reductions
30 in local social services district payments
31 for medical assistance administration,
32 minimum wage increases, and beginning
33 April 1, 2012 the operational costs of the
34 New York state medical indemnity fund,
35 pursuant to chapter 59 of the laws of
36 2011, and state costs or savings from the
37 essential plan program. Such projections
38 may be adjusted by the director of the
39 budget to account for increased or expe-
40 dited department of health state funds
41 medicaid expenditures as a result of a
42 natural or other type of disaster, includ-
43 ing a governmental declaration of emergen-
44 cy.
45 The director of the budget, in consultation
46 with the commissioner of health, shall
47 assess on a quarterly basis known and
48 projected medicaid expenditures by catego-
49 ry of service and by geographic region, as
50 defined by the commissioner, incurred both
51 prior to and subsequent to such assessment
52 for each such period, and if the director
53 of the budget determines that such expend-
54 itures are expected to cause medicaid
55 spending for such period to exceed the
S. 7631 8
1 aggregate limit specified herein for such
2 period, the state medicaid director, in
3 consultation with the director of the
4 budget and the commissioner of health,
5 shall develop a medicaid savings allo-
6 cation adjustment to limit such spending
7 to the aggregate limit specified herein
8 for such period.
9 Such medicaid savings allocation adjustment
10 shall be designed, to reduce the expendi-
11 tures authorized by the appropriations
12 herein in compliance with the following
13 guidelines: (1) reductions shall be made
14 in compliance with applicable federal law,
15 including the provisions of the Patient
16 Protection and Affordable Care Act, Public
17 Law No. 111-148, and the Health Care and
18 Education Reconciliation Act of 2010,
19 Public Law No. 111-152 (collectively
20 "Affordable Care Act") and any subsequent
21 amendments thereto or regulations promul-
22 gated thereunder; (2) reductions shall be
23 made in a manner that complies with the
24 state medicaid plan approved by the feder-
25 al centers for medicare and medicaid
26 services, provided, however, that the
27 commissioner of health is authorized to
28 submit any state plan amendment or seek
29 other federal approval, including waiver
30 authority, to implement the provisions of
31 the medicaid savings allocation adjustment
32 that meets the other criteria set forth
33 herein; (3) reductions shall be made in a
34 manner that maximizes federal financial
35 participation, to the extent practicable,
36 including any federal financial partic-
37 ipation that is available or is reasonably
38 expected to become available, in the
39 discretion of the commissioner, under the
40 Affordable Care Act; (4) reductions shall
41 be made uniformly among categories of
42 services and geographic regions of the
43 state, to the extent practicable, and
44 shall be made uniformly within a category
45 of service, to the extent practicable,
46 except where the commissioner determines
47 that there are sufficient grounds for
48 non-uniformity, including but not limited
49 to: the extent to which specific catego-
50 ries of services contributed to department
51 of health medicaid state funds spending in
52 excess of the limits specified herein; the
53 need to maintain safety net services in
54 underserved communities; or the potential
55 benefits of pursuing innovative payment
56 models contemplated by the Affordable Care
S. 7631 9
1 Act, in which case such grounds shall be
2 set forth in the medicaid savings allo-
3 cation adjustment; and (5) reductions
4 shall be made in a manner that does not
5 unnecessarily create administrative
6 burdens to medicaid applicants and recipi-
7 ents or providers.
8 The commissioner shall seek the input of the
9 legislature, as well as organizations
10 representing health care providers,
11 consumers, businesses, workers, health
12 insurers, and others with relevant exper-
13 tise, in developing such medicaid savings
14 allocation adjustment, to the extent that
15 all or part of such adjustment, in the
16 discretion of the commissioner, is likely
17 to have a material impact on the overall
18 medicaid program, particular categories of
19 service or particular geographic regions
20 of the state.
21 (a) The commissioner shall post the medicaid
22 savings allocation adjustment on the
23 department of health's website and shall
24 provide written copies of such adjustment
25 to the chairs of the senate finance and
26 the assembly ways and means committees at
27 least 30 days before the date on which
28 implementation is expected to begin.
29 (b) The commissioner may revise the medicaid
30 savings allocation adjustment subsequent
31 to the provisions of notice and prior to
32 implementation but needs to provide a new
33 notice pursuant to subparagraph (i) of
34 this paragraph only if the commissioner
35 determines, in his or her discretion, that
36 such revisions materially alter the
37 adjustment.
38 Notwithstanding the provisions of paragraphs
39 (a) and (b) of this subdivision, the
40 commissioner need not seek the input
41 described in paragraph (a) of this subdi-
42 vision or provide notice pursuant to para-
43 graph (b) of this subdivision if, in the
44 discretion of the commissioner, expedited
45 development and implementation of a medi-
46 caid savings allocation adjustment is
47 necessary due to a public health emergen-
48 cy.
49 For purposes of this section, a public
50 health emergency is defined as: (i) a
51 disaster, natural or otherwise, that
52 significantly increases the immediate need
53 for health care personnel in an area of
54 the state; (ii) an event or condition that
55 creates a widespread risk of exposure to a
56 serious communicable disease, or the
S. 7631 10
1 potential for such widespread risk of
2 exposure; or (iii) any other event or
3 condition determined by the commissioner
4 to constitute an imminent threat to public
5 health.
6 Nothing in this paragraph shall be deemed to
7 prevent all or part of such medicaid
8 savings allocation adjustment from taking
9 effect retroactively to the extent permit-
10 ted by the federal centers for medicare
11 and medicaid services.
12 In accordance with the medicaid savings
13 allocation adjustment, the commissioner of
14 the department of health shall reduce
15 department of health state funds medicaid
16 spending by the amount of the projected
17 overspending through, actions including,
18 but not limited to modifying or suspending
19 reimbursement methods, including but not
20 limited to all fees, premium levels and
21 rates of payment, notwithstanding any
22 provision of law that sets a specific
23 amount or methodology for any such
24 payments or rates of payment; modifying or
25 discontinuing medicaid program benefits;
26 seeking all necessary federal approvals,
27 including, but not limited to waivers,
28 waiver amendments; and suspending time
29 frames for notice, approval or certif-
30 ication of rate requirements, notwith-
31 standing any provision of law, rule or
32 regulation to the contrary, including but
33 not limited to sections 2807 and 3614 of
34 the public health law, section 18 of chap-
35 ter 2 of the laws of 1988, and 18 NYCRR
36 505.14(h).
37 The department of health shall prepare a
38 quarterly report that sets forth: (a)
39 known and projected department of health
40 medicaid expenditures as described in
41 subdivision (1) of this section, and
42 factors that could result in medicaid
43 disbursements for the relevant state
44 fiscal year to exceed the projected
45 department of health state funds disburse-
46 ments in the enacted budget financial plan
47 pursuant to subdivision 3 of section 23 of
48 the state finance law, including spending
49 increases or decreases due to: enrollment
50 fluctuations, rate changes, utilization
51 changes, MRT investments, and shift of
52 beneficiaries to managed care; and vari-
53 ations in offline medicaid payments; and
54 (b) the actions taken to implement any
55 medicaid savings allocation adjustment
56 implemented pursuant to subdivision (4) of
S. 7631 11
1 this section, including information
2 concerning the impact of such actions on
3 each category of service and each
4 geographic region of the state. Each such
5 quarterly report shall be provided to the
6 chairs of the senate finance and the
7 assembly ways and means committees and
8 shall be posted on the department of
9 health's website in a timely manner.
10 The money hereby appropriated is to be
11 available for payment of aid heretofore
12 accrued or hereafter accrued to munici-
13 palities, and to providers of medical
14 services pursuant to section 367-b of the
15 social services law, and for payment of
16 state aid to municipalities and to provid-
17 ers of family care where payment systems
18 through the fiscal intermediaries are not
19 operational.
20 Notwithstanding any inconsistent provision
21 of law to the contrary, funds may be used
22 by the department for outside legal
23 assistance on issues involving the federal
24 government, the conduct of preadmission
25 screening and annual resident reviews
26 required by the state's medicaid program,
27 computer matching with insurance carriers
28 to insure that medicaid is the payer of
29 last resort and activities related to the
30 management of the pharmacy benefit avail-
31 able under the medicaid program.
32 Notwithstanding any inconsistent provision
33 of law, in lieu of payments authorized by
34 the social services law, or payments of
35 federal funds otherwise due to the local
36 social services districts for programs
37 provided under the federal social security
38 act or the federal food stamp act, funds
39 herein appropriated, in amounts certified
40 by the state commissioner of temporary and
41 disability assistance or the state commis-
42 sioner of health as due from local social
43 services districts each month as their
44 share of payments made pursuant to section
45 367-b of the social services law may be
46 set aside by the state comptroller in an
47 interest-bearing account in order to
48 ensure the orderly and prompt payment of
49 providers under section 367-b of the
50 social services law pursuant to an esti-
51 mate provided by the commissioner of
52 health of each local social services
53 district's share of payments made pursuant
54 to section 367-b of the social services
55 law.
S. 7631 12
1 Notwithstanding any inconsistent provision
2 of law, funding made available by these
3 appropriations shall support direct salary
4 costs and related fringe benefits within
5 the medical assistance program associated
6 with any minimum wage increase that takes
7 effect during the timeframe of these
8 appropriations, pursuant to section 652 of
9 the labor law. Each eligible organization
10 in receipt of funding made available by
11 these appropriations may be required to
12 submit written certification, in such form
13 and at such time the commissioner may
14 prescribe, attesting to the total amount
15 of funds used by the eligible organiza-
16 tion, how such funding will be or was used
17 for purposes eligible under these appro-
18 priations and any other reporting deemed
19 necessary by the commissioner. The amounts
20 appropriated herein may include advances
21 to organizations authorized to receive
22 such funds to accomplish this purpose.
23 Notwithstanding any other provision of law,
24 the money hereby appropriated may be
25 increased or decreased by interchange or
26 transfer, with any appropriation of the
27 department of health and the office of
28 medicaid inspector general and may be
29 increased or decreased by transfer or
30 suballocation between these appropriated
31 amounts and appropriations of the depart-
32 ment of health state purpose account, the
33 office of mental health, office for people
34 with developmental disabilities, the
35 office of addiction services and supports,
36 the department of family assistance office
37 of temporary and disability assistance,
38 the department of corrections and communi-
39 ty supervision, the office of information
40 technology services, the state university
41 of New York, and office of children and
42 family services, the office of medicaid
43 inspector general, the state education
44 department, and the state office for the
45 aging with the approval of the director of
46 the budget, who shall file such approval
47 with the department of audit and control
48 and copies thereof with the chairman of
49 the senate finance committee and the
50 chairman of the assembly ways and means
51 committee.
52 Notwithstanding any inconsistent provision
53 of law to the contrary, the moneys hereby
54 appropriated may be used for payments to
55 the centers for medicaid and medicare
56 services for obligations incurred related
S. 7631 13
1 to the pharmaceutical costs of dually
2 eligible medicare/medicaid beneficiaries
3 participating in the medicare drug benefit
4 authorized by P.L. 108-173.
5 Notwithstanding any inconsistent provision
6 of law, the moneys hereby appropriated
7 shall not be used for any existing rates,
8 fees, fee schedule, or procedures which
9 may affect the cost of care and services
10 provided by personal care providers, case
11 managers, health maintenance organiza-
12 tions, out of state medical facilities
13 which provide care and services to resi-
14 dents of the state, providers of transpor-
15 tation services, that are altered,
16 amended, adjusted or otherwise changed by
17 a local social services district unless
18 previously approved by the department of
19 health and the director of the budget.
20 Notwithstanding any inconsistent provision
21 of law to the contrary, funds shall be
22 made available to the commissioner of the
23 office of mental health or the commission-
24 er of the office of addiction services and
25 supports, in consultation with the commis-
26 sioner of health and approved by the
27 director of the budget, and consistent
28 with appropriations made therefor, to
29 implement allocation adjustment developed
30 by each such commissioner which shall
31 describe mental health or substance use
32 disorder services that should be developed
33 to meet service needs resulting from the
34 reduction of inpatient behavioral health
35 services provided under the medicaid
36 program, by programs licensed pursuant to
37 article 31 or 32 of the mental hygiene
38 law. Such programs may include programs
39 that are licensed pursuant to both article
40 31 of the mental hygiene law and article
41 28 of the public health law, or certified
42 under both article 32 of the mental
43 hygiene law and article 28 of the public
44 health law.
45 Notwithstanding any inconsistent provision
46 of law, the moneys hereby appropriated may
47 be available for payments associated with
48 the resolution by settlement agreement or
49 judgment of rate appeals and/or litigation
50 where the department of health is a party.
51 For services and expenses of the medical
52 assistance program including hospital
53 inpatient services and general hospitals
54 that are safety-net providers that evince
55 severe financial distress, pursuant to
56 criteria determined by the commissioner,
S. 7631 14
1 shall be eligible for awards for amounts
2 appropriated herein, to enable such
3 providers to maintain operations and vital
4 services while establishing long term
5 solutions to achieve sustainable health
6 services.
7 Notwithstanding any inconsistent provisions
8 of law, no expenditures shall be used for
9 the medical assistance program for any
10 expenses not explicitly authorized in law
11 without the approval of the director of
12 the budget.
13 Notwithstanding any provision of law to the
14 contrary, the portion of this appropri-
15 ation covering fiscal year 2025-26 shall
16 supersede and replace any duplicative (i)
17 reappropriation for this item covering
18 fiscal year 2025-26, and (ii) appropri-
19 ation for this item covering fiscal year
20 2025-26 set forth in chapter 53 of the
21 laws of 2024 (26947) ......... [80,800,000] 101,000,000
22 For services and expenses of the medical
23 assistance program including hospital
24 outpatient and emergency room services.
25 Notwithstanding any provision of law to the
26 contrary, the portion of this appropri-
27 ation covering fiscal year 2025-26 shall
28 supersede and replace any duplicative (i)
29 reappropriation for this item covering
30 fiscal year 2025-26, and (ii) appropri-
31 ation for this item covering fiscal year
32 2025-26 set forth in chapter 53 of the
33 laws of 2024 (26948) ......... [20,864,000] 26,080,000
34 For services and expenses of the medical
35 assistance program including clinic
36 services.
37 Notwithstanding any provision of law to the
38 contrary, the portion of this appropri-
39 ation covering fiscal year 2025-26 shall
40 supersede and replace any duplicative (i)
41 reappropriation for this item covering
42 fiscal year 2025-26, and (ii) appropri-
43 ation for this item covering fiscal year
44 2025-26 set forth in chapter 53 of the
45 laws of 2024 (26949) ......... [38,052,000] 47,565,000
46 For services and expenses of the medical
47 assistance program including nursing home
48 services.
49 Notwithstanding any provision of law to the
50 contrary, the portion of this appropri-
51 ation covering fiscal year 2025-26 shall
52 supersede and replace any duplicative (i)
53 reappropriation for this item covering
54 fiscal year 2025-26, and (ii) appropri-
55 ation for this item covering fiscal year
S. 7631 15
1 2025-26 set forth in chapter 53 of the
2 laws of 2024 (26950) ........ [101,872,000] 127,340,000
3 For services and expenses of the medical
4 assistance program including other long
5 term care services.
6 Notwithstanding any provision of law to the
7 contrary, the portion of this appropri-
8 ation covering fiscal year 2025-26 shall
9 supersede and replace any duplicative (i)
10 reappropriation for this item covering
11 fiscal year 2025-26, and (ii) appropri-
12 ation for this item covering fiscal year
13 2025-26 set forth in chapter 53 of the
14 laws of 2024 (26951) ........ [563,112,000] 703,890,000
15 For services and expenses of the medical
16 assistance program including managed care
17 services including regional planning
18 activities of the finger lakes health
19 systems agency, including statewide coor-
20 dination and demonstration of best prac-
21 tices. The department shall make grants
22 within amounts appropriated therefor, to
23 assure high-quality and accessible primary
24 care, to provide technical assistance to
25 support financial and business planning
26 for integrated systems of care, and to
27 assist primary care providers in the
28 adoption, implementation, and meaningful
29 use of electronic health record technolo-
30 gy.
31 Notwithstanding any provision of law to the
32 contrary, the portion of this appropri-
33 ation covering fiscal year 2025-26 shall
34 supersede and replace any duplicative (i)
35 reappropriation for this item covering
36 fiscal year 2025-26, and (ii) appropri-
37 ation for this item covering fiscal year
38 2025-26 set forth in chapter 53 of the
39 laws of 2024 (26952) ........ [347,446,000] 434,308,000
40 For services and expenses for health homes
41 including grants to health homes.
42 Notwithstanding any provision of law to the
43 contrary, the portion of this appropri-
44 ation covering fiscal year 2025-26 shall
45 supersede and replace any duplicative (i)
46 reappropriation for this item covering
47 fiscal year 2025-26, and (ii) appropri-
48 ation for this item covering fiscal year
49 2025-26 set forth in chapter 53 of the
50 laws of 2024 (29548) ......... [12,064,000] 15,080,000
51 For services and expenses of the medical
52 assistance program including pharmacy
53 services provided, however, that no funds
54 shall be made available pursuant to this
55 appropriation for any drug not explicitly
56 authorized in any enacted law, rule, or
S. 7631 16
1 regulation without approval from the
2 director of the budget.
3 Notwithstanding any provision of law to the
4 contrary, the portion of this appropri-
5 ation covering fiscal year 2025-26 shall
6 supersede and replace any duplicative (i)
7 reappropriation for this item covering
8 fiscal year 2025-26, and (ii) appropri-
9 ation for this item covering fiscal year
10 2025-26 set forth in chapter 53 of the
11 laws of 2024 (26953) ........ [193,904,000] 242,380,000
12 For services and expenses of the medical
13 assistance program including transporta-
14 tion services.
15 Notwithstanding any provision of law to the
16 contrary, the portion of this appropri-
17 ation covering fiscal year 2025-26 shall
18 supersede and replace any duplicative (i)
19 reappropriation for this item covering
20 fiscal year 2025-26, and (ii) appropri-
21 ation for this item covering fiscal year
22 2025-26 set forth in chapter 53 of the
23 laws of 2024 (26954) ......... [28,688,000] 35,860,000
24 For services and expenses of the medical
25 assistance program including dental
26 services.
27 Notwithstanding any provision of law to the
28 contrary, the portion of this appropri-
29 ation covering fiscal year 2025-26 shall
30 supersede and replace any duplicative (i)
31 reappropriation for this item covering
32 fiscal year 2025-26, and (ii) appropri-
33 ation for this item covering fiscal year
34 2025-26 set forth in chapter 53 of the
35 laws of 2024 (26955) ............ [328,000] 410,000
36 For services and expenses of the medical
37 assistance program including non-institu-
38 tional and other spending.
39 The money hereby appropriated is available
40 for payment of liabilities heretofore
41 accrued or hereafter accrued.
42 Notwithstanding any inconsistent provision
43 of law, the money hereby appropriated may
44 be available for payments to any county or
45 public school districts associated with
46 additional claims for school supportive
47 health services.
48 Notwithstanding any provision of law to the
49 contrary, the portion of this appropri-
50 ation covering fiscal year 2025-26 shall
51 supersede and replace any duplicative (i)
52 reappropriation for this item covering
53 fiscal year 2025-26, and (ii) appropri-
54 ation for this item covering fiscal year
55 2025-26 set forth in chapter 53 of the
56 laws of 2024 (26956) ......... [79,208,000] 99,010,000
S. 7631 17
1 For services and expenses of the medical
2 assistance program including medical
3 services provided at state facilities
4 operated by the office of mental health,
5 the office for people with developmental
6 disabilities and the office of addiction
7 services and supports.
8 Notwithstanding any provision of law to the
9 contrary, the portion of this appropri-
10 ation covering fiscal year 2025-26 shall
11 supersede and replace any duplicative (i)
12 reappropriation for this item covering
13 fiscal year 2025-26, and (ii) appropri-
14 ation for this item covering fiscal year
15 2025-26 set forth in chapter 53 of the
16 laws of 2024 (26961) ........ [333,600,000] 417,000,000
17 --------------
18 Special Revenue Funds - Federal
19 Federal Health and Human Services Fund
20 Medicaid Direct Account - 25106
21 For services and expenses for the medical
22 assistance program, including administra-
23 tive expenses for local social services
24 districts, pursuant to title XIX of the
25 federal social security act or its succes-
26 sor program.
27 The moneys hereby appropriated are to be
28 available for payment of aid heretofore
29 accrued or hereafter accrued to munici-
30 palities, and to providers of medical
31 services pursuant to section 367-b of the
32 social services law, and for payment of
33 state aid to municipalities and to provid-
34 ers of family care where payment systems
35 through the fiscal intermediaries are not
36 operational.
37 Notwithstanding any inconsistent provision
38 of law, funding made available by these
39 appropriations shall support direct salary
40 costs and related fringe benefits within
41 the medical assistance program associated
42 with any minimum wage increase that takes
43 effect during the timeframe of these
44 appropriations, pursuant to section 652 of
45 the labor law. Each eligible organization
46 in receipt of funding made available by
47 these appropriations may be required to
48 submit written certification, in such form
49 and at such time the commissioner may
50 prescribe, attesting to the total amount
51 of funds used by the eligible organiza-
52 tion, how such funding will be or was used
53 for purposes eligible under these appro-
54 priations and any other reporting deemed
S. 7631 18
1 necessary by the commissioner. The amounts
2 appropriated herein may include advances
3 to organizations authorized to receive
4 such funds to accomplish this purpose.
5 Notwithstanding any other provision of law,
6 the money hereby appropriated may be
7 increased or decreased by interchange or
8 transfer, with any appropriation of the
9 department of health and the office of
10 medicaid inspector general and may be
11 increased or decreased by transfer or
12 suballocation between these appropriated
13 amounts and appropriations of the office
14 of mental health, office for people with
15 developmental disabilities, the office of
16 addiction services and supports, the
17 department of family assistance office of
18 temporary and disability assistance,
19 office of children and family services,
20 the department of financial services,
21 department of corrections and community
22 supervision, the office of information
23 technology services, the state university
24 of New York, the state education depart-
25 ment, and the state office for the aging
26 with the approval of the director of the
27 budget, who shall file such approval with
28 the department of audit and control and
29 copies thereof with the chairman of the
30 senate finance committee and the chairman
31 of the assembly ways and means committee.
32 Notwithstanding any inconsistent provision
33 of law, in lieu of payments authorized by
34 the social services law, or payments of
35 federal funds otherwise due to the local
36 social services districts for programs
37 provided under the federal social security
38 act or the federal food stamp act, funds
39 herein appropriated, in amounts certified
40 by the state commissioner of temporary and
41 disability assistance or the state commis-
42 sioner of health as due from local social
43 services districts each month as their
44 share of payments made pursuant to section
45 367-b of the social services law may be
46 set aside by the state comptroller in an
47 interest-bearing account in order to
48 ensure the orderly and prompt payment of
49 providers under section 367-b of the
50 social services law pursuant to an esti-
51 mate provided by the commissioner of
52 health of each local social services
53 district's share of payments made pursuant
54 to section 367-b of the social services
55 law.
S. 7631 19
1 Notwithstanding any inconsistent provision
2 of law to the contrary, funds shall be
3 made available to the commissioner of the
4 office of mental health or the commission-
5 er of the office of addiction services and
6 supports, in consultation with the commis-
7 sioner of health and approved by the
8 director of the budget, and consistent
9 with appropriations made therefor, to
10 implement allocation adjustment developed
11 by each such commissioner which shall
12 describe mental health or substance use
13 disorder services that should be developed
14 to meet service needs resulting from the
15 reduction of inpatient behavioral health
16 services provided under the medicaid
17 program, by programs licensed pursuant to
18 article 31 or 32 of the mental hygiene
19 law. Such programs may include programs
20 that are licensed pursuant to both article
21 31 of the mental hygiene law and article
22 28 of the public health law, or certified
23 under both article 32 of the mental
24 hygiene law and article 28 of the public
25 health law.
26 Notwithstanding any inconsistent provision
27 of law, the moneys hereby appropriated may
28 be available for payments associated with
29 the resolution by settlement agreement or
30 judgment of rate appeals and/or litigation
31 where the department of health is a party.
32 Notwithstanding any inconsistent
33 provisions of law, no expenditures shall
34 be used for the medical assistance program
35 for any expenses not explicitly authorized
36 in law without the approval of the direc-
37 tor of the budget.
38 For services and expenses of the medical
39 assistance program including hospital
40 inpatient services.
41 Notwithstanding any provision of law to the
42 contrary, the portion of this appropri-
43 ation covering fiscal year 2025-26 shall
44 supersede and replace any duplicative (i)
45 reappropriation for this item covering
46 fiscal year 2025-26, and (ii) appropri-
47 ation for this item covering fiscal year
48 2025-26 set forth in chapter 53 of the
49 laws of 2024 (26947) ........ [231,256,000] 289,070,000
50 For services and expenses of the medical
51 assistance program including hospital
52 outpatient and emergency room services.
53 Notwithstanding any provision of law to the
54 contrary, the portion of this appropri-
55 ation covering fiscal year 2025-26 shall
56 supersede and replace any duplicative (i)
S. 7631 20
1 reappropriation for this item covering
2 fiscal year 2025-26, and (ii) appropri-
3 ation for this item covering fiscal year
4 2025-26 set forth in chapter 53 of the
5 laws of 2024 (26948) ......... [41,488,000] 51,860,000
6 For services and expenses of the medical
7 assistance program including clinic
8 services.
9 Notwithstanding any provision of law to the
10 contrary, the portion of this appropri-
11 ation covering fiscal year 2025-26 shall
12 supersede and replace any duplicative (i)
13 reappropriation for this item covering
14 fiscal year 2025-26, and (ii) appropri-
15 ation for this item covering fiscal year
16 2025-26 set forth in chapter 53 of the
17 laws of 2024 (26949) ......... [67,868,000] 84,835,000
18 For services and expenses of the medical
19 assistance program including nursing home
20 services.
21 Notwithstanding any provision of law to the
22 contrary, the portion of this appropri-
23 ation covering fiscal year 2025-26 shall
24 supersede and replace any duplicative (i)
25 reappropriation for this item covering
26 fiscal year 2025-26, and (ii) appropri-
27 ation for this item covering fiscal year
28 2025-26 set forth in chapter 53 of the
29 laws of 2024 (26950) ........ [317,436,000] 396,795,000
30 For services and expenses of the medical
31 assistance program including other long
32 term care services.
33 Notwithstanding any provision of law to the
34 contrary, the portion of this appropri-
35 ation covering fiscal year 2025-26 shall
36 supersede and replace any duplicative (i)
37 reappropriation for this item covering
38 fiscal year 2025-26, and (ii) appropri-
39 ation for this item covering fiscal year
40 2025-26 set forth in chapter 53 of the
41 laws of 2024 (26951) ..... [1,059,151,000] 1,323,939,000
42 For services and expenses of the medical
43 assistance program including managed care
44 services including regional planning
45 activities of the finger lakes health
46 systems agency, including statewide coor-
47 dination and demonstration of best prac-
48 tices. The department shall make grants
49 within amounts appropriated therefor, to
50 assure high-quality and accessible primary
51 care, to provide technical assistance to
52 support financial and business planning
53 for integrated systems of care, and to
54 assist primary care providers in the
55 adoption, implementation, and meaningful
S. 7631 21
1 use of electronic health record technolo-
2 gy.
3 Notwithstanding any provision of law to the
4 contrary, the portion of this appropri-
5 ation covering fiscal year 2025-26 shall
6 supersede and replace any duplicative (i)
7 reappropriation for this item covering
8 fiscal year 2025-26, and (ii) appropri-
9 ation for this item covering fiscal year
10 2025-26 set forth in chapter 53 of the
11 laws of 2024 (26952) ..... [1,206,632,000] 1,508,290,000
12 For services and expenses of the medical
13 assistance program including pharmacy
14 services, provided, however, that no funds
15 shall be made available pursuant to this
16 appropriation for any drug not explicitly
17 authorized in any heretofore enacted law,
18 rule, or regulation without approval from
19 the director of the budget.
20 Notwithstanding any provision of law to the
21 contrary, the portion of this appropri-
22 ation covering fiscal year 2025-26 shall
23 supersede and replace any duplicative (i)
24 reappropriation for this item covering
25 fiscal year 2025-26, and (ii) appropri-
26 ation for this item covering fiscal year
27 2025-26 set forth in chapter 53 of the
28 laws of 2024 (26953) ........ [370,464,000] 463,080,000
29 For services and expenses of the medical
30 assistance program including transporta-
31 tion services.
32 Notwithstanding any provision of law to the
33 contrary, the portion of this appropri-
34 ation covering fiscal year 2025-26 shall
35 supersede and replace any duplicative (i)
36 reappropriation for this item covering
37 fiscal year 2025-26, and (ii) appropri-
38 ation for this item covering fiscal year
39 2025-26 set forth in chapter 53 of the
40 laws of 2024 (26954) ......... [48,940,000] 61,175,000
41 For services and expenses of the medical
42 assistance program including dental
43 services.
44 Notwithstanding any provision of law to the
45 contrary, the portion of this appropri-
46 ation covering fiscal year 2025-26 shall
47 supersede and replace any duplicative (i)
48 reappropriation for this item covering
49 fiscal year 2025-26, and (ii) appropri-
50 ation for this item covering fiscal year
51 2025-26 set forth in chapter 53 of the
52 laws of 2024 (26955) .......... [5,688,000] 7,110,000
53 For services and expenses of the medical
54 assistance program including noninstitu-
55 tional and other spending.
S. 7631 22
1 The money hereby appropriated is available
2 for payment of liabilities heretofore
3 accrued or hereafter accrued.
4 Notwithstanding any provision of law to the
5 contrary, the portion of this appropri-
6 ation covering fiscal year 2025-26 shall
7 supersede and replace any duplicative (i)
8 reappropriation for this item covering
9 fiscal year 2025-26, and (ii) appropri-
10 ation for this item covering fiscal year
11 2025-26 set forth in chapter 53 of the
12 laws of 2024 (26956) ........ [550,524,000] 688,155,000
13 For services and expenses of the medical
14 assistance program including medical
15 services provided at state facilities
16 operated by the office of mental health,
17 the office for people with developmental
18 disabilities and the office of addiction
19 services and supports.
20 Notwithstanding any provision of law to the
21 contrary, the portion of this appropri-
22 ation covering fiscal year 2025-26 shall
23 supersede and replace any duplicative (i)
24 reappropriation for this item covering
25 fiscal year 2025-26, and (ii) appropri-
26 ation for this item covering fiscal year
27 2025-26 set forth in chapter 53 of the
28 laws of 2024 (26961) ........ [333,600,000] 417,000,000
29 --------------
30 § 7. Section 6 of chapter 113 of the laws of 2025, relating to making
31 appropriations for the support of government, as amended by chapter 122
32 of the laws of 2025, is amended to read as follows:
33 § 6. The amounts specified in this section, or so much thereof as
34 shall be sufficient to accomplish the purposes designated, is hereby
35 appropriated and authorized to be paid as hereinafter provided, to the
36 public officers and for the purposes specified, which amount shall be
37 available for the state fiscal year beginning April 1, 2025.
38 DEPARTMENT OF LABOR
39 AID TO LOCALITIES
40 UNEMPLOYMENT INSURANCE BENEFIT PROGRAM ..... [750,000,000] 855,000,000
41 --------------
42 Enterprise Funds
43 Unemployment Insurance Benefit Fund
44 Unemployment Insurance Benefit Account - 50650
45 For payment of unemployment insurance bene-
46 fits pursuant to article 18 of the labor
47 law or as authorized by the federal
48 government through the disaster unemploy-
49 ment assistance program, the emergency
50 unemployment compensation program, the
S. 7631 23
1 extended benefit program, the federal
2 additional compensation program or any
3 other federally funded unemployment bene-
4 fit program (34787) ........ [750,000,000] 855,000,000
5 § 8. Section 11 of chapter 119 of the laws of 2025, relating to making
6 appropriations for the support of government, as amended by chapter 122
7 of the laws of 2025, is amended to read as follows:
8 § 11. The amounts specified in this section, or so much thereof as
9 shall be sufficient to accomplish the purposes designated, is hereby
10 appropriated and authorized to be paid as hereinafter provided, to the
11 public officers and for the purposes specified, which amount shall be
12 available for the state fiscal year beginning April 1, 2025.
13 DEPARTMENT OF MENTAL HYGIENE
14 OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES
15 AID TO LOCALITIES
16 COMMUNITY SERVICES PROGRAM ................. [409,744,000] 418,159,000
17 --------------
18 General Fund
19 Local Assistance Account - 10000
20 For services and expenses of the community
21 services program, net of disallowances,
22 for community programs for people with
23 developmental disabilities pursuant to
24 article 41 of the mental hygiene law,
25 and/or chapter 620 of the laws of 1974,
26 chapter 660 of the laws of 1977, chapter
27 412 of the laws of 1981, chapter 27 of the
28 laws of 1987, chapter 729 of the laws of
29 1989, chapter 329 of the laws of 1993 and
30 other provisions of the mental hygiene
31 law. Notwithstanding any inconsistent
32 provision of law, the following appropri-
33 ation shall be net of prior and/or current
34 year refunds, rebates, reimbursements, and
35 credits.
36 Notwithstanding any other provision of law,
37 advances and reimbursement made pursuant
38 to subdivision (d) of section 41.15 and
39 section 41.18 of the mental hygiene law
40 shall be allocated pursuant to a plan and
41 in a manner prescribed by the agency head
42 and approved by the director of the budg-
43 et. The moneys hereby appropriated are
44 available to reimburse or advance locali-
45 ties and voluntary non-profit agencies for
46 expenditures made during local fiscal
47 periods commencing January 1, 2025, April
48 1, 2025 or July 1, 2025, and for advances
49 for the 3 month period beginning January
50 1, 2026.
S. 7631 24
1 Notwithstanding the provisions of article 41
2 of the mental hygiene law or any other
3 inconsistent provision of law, rule or
4 regulation, the commissioner, pursuant to
5 such contract and in the manner provided
6 therein, may pay all or a portion of the
7 expenses incurred by such voluntary agen-
8 cies arising out of loans which are funded
9 from the proceeds of bonds and notes
10 issued by the dormitory authority of the
11 state of New York.
12 Notwithstanding any other provision of law,
13 the money hereby appropriated may be
14 transferred to state operations and/or any
15 appropriation of the office for people
16 with developmental disabilities with the
17 approval of the director of the budget.
18 Notwithstanding any inconsistent provision
19 of law, moneys from this appropriation may
20 be used for state aid of up to 100 percent
21 of the net deficit costs of day training
22 programs and family support services.
23 Notwithstanding the provisions of section
24 16.23 of the mental hygiene law and any
25 other inconsistent provision of law, with
26 relation to the operation of certified
27 family care homes, including family care
28 homes sponsored by voluntary not-for-pro-
29 fit agencies, moneys from this appropri-
30 ation may be used for payments to purchase
31 general services including but not limited
32 to respite providers, up to a maximum of
33 14 days, at rates to be established by the
34 commissioner and approved by the director
35 of the budget in consideration of factors
36 including, but not limited to, geographic
37 area and number of clients cared for in
38 the home and for payment in an amount
39 determined by the commissioner for the
40 personal needs of each client residing in
41 the family care home.
42 Notwithstanding the provisions of subdivi-
43 sion 12 of section 8 of the state finance
44 law and any other inconsistent provision
45 of law, moneys from this appropriation may
46 be used for expenses of family care homes
47 including payments to operators of certi-
48 fied family care homes for damages caused
49 by clients to personal and real property
50 in accordance with standards established
51 by the commissioner and approved by the
52 director of the budget.
53 Notwithstanding any inconsistent provision
54 of law, moneys from this appropriation may
55 be used for appropriate day program
56 services and residential services includ-
S. 7631 25
1 ing, but not limited to, direct housing
2 subsidies to individuals, start-up
3 expenses for family care providers, envi-
4 ronmental modifications, adaptive technol-
5 ogies, appraisals, property options,
6 feasibility studies and preoperational
7 expenses.
8 Notwithstanding any inconsistent provision
9 of law except pursuant to a chapter of the
10 laws of 2024 authorizing a 2.84 percent
11 cost of living adjustment, for the period
12 commencing on April 1, 2024 and ending
13 March 31, 2025 the commissioner shall not
14 apply any other cost of living adjustment
15 for the purpose of establishing rates of
16 payments, contracts or any other form of
17 reimbursement; provided that this shall
18 not prevent the commissioner from applying
19 prior adjustments for the purpose of
20 establishing rates resulting from a rebas-
21 ing of base year costs.
22 Notwithstanding section 6908 of the educa-
23 tion law and any other provision of law,
24 rule or regulation to the contrary, direct
25 support staff in programs certified or
26 approved by the office for people with
27 developmental disabilities, including the
28 home and community based services waiver
29 programs that the office for people with
30 developmental disabilities is authorized
31 to administer with federal approval pursu-
32 ant to subdivision (c) of section 1915 of
33 the federal social security act, are
34 authorized to provide such tasks as OPWDD
35 may specify when performed under the
36 supervision, training and periodic
37 inspection of a registered professional
38 nurse and in accordance with an authorized
39 practitioner's ordered care.
40 Notwithstanding any other provision of law
41 to the contrary, and consistent with
42 section 33.07 of the mental hygiene law,
43 the directors of facilities licensed but
44 not operated by the office for people with
45 developmental disabilities who act as
46 federally-appointed representative payees
47 and who assume management responsibility
48 over the funds of a resident may continue
49 to use such funds for the cost of the
50 resident's care and treatment, consistent
51 with federal law and regulations.
52 Funds appropriated herein shall be available
53 in accordance with the following:
54 Notwithstanding any inconsistent provision
55 of law, the director of the budget is
56 authorized to make suballocations from
S. 7631 26
1 this appropriation to the department of
2 health medical assistance program.
3 Notwithstanding any inconsistent provision
4 of law, and pursuant to criteria estab-
5 lished by the commissioner of the office
6 for people with developmental disabilities
7 and approved by the director of the budg-
8 et, expenditures may be made from this
9 appropriation for residential facilities
10 which are pending recertification as
11 intermediate care facilities for people
12 with developmental disabilities.
13 Notwithstanding the provisions of section
14 41.36 of the mental hygiene law and any
15 other inconsistent provision of law,
16 moneys from this appropriation may be used
17 for payment up to $250 per year per
18 client, at such times and in such manner
19 as determined by the commissioner on the
20 basis of financial need for the personal
21 needs of each client residing in voluntar-
22 y-operated community residences and volun-
23 tary-operated community residential alter-
24 natives, including individualized
25 residential alternatives under the home
26 and community based services waiver. The
27 commissioner shall, subject to the
28 approval of the director of the budget,
29 alter existing advance payment schedules
30 for voluntary-operated community resi-
31 dences established pursuant to section
32 41.36 of the mental hygiene law.
33 Notwithstanding any inconsistent provision
34 of law, moneys from this appropriation may
35 be used for the operation of clinics
36 licensed pursuant to article 16 of the
37 mental hygiene law including, but not
38 limited to, supportive and habilitative
39 services consistent with the home and
40 community based services waiver.
41 For the state share of medical assistance
42 services expenses incurred by the depart-
43 ment of health for the provision of
44 medical assistance services to people with
45 developmental disabilities (37835) ......... 369,352,000
46 For services and expenses of the community
47 services program, net of disallowances,
48 for community programs for people with
49 developmental disabilities pursuant to
50 article 41 of the mental hygiene law,
51 and/or chapter 620 of the laws of 1974,
52 chapter 660 of the laws of 1977, chapter
53 412 of the laws of 1981, chapter 27 of the
54 laws of 1987, chapter 729 of the laws of
55 1989, chapter 329 of the laws of 1993 and
56 other provisions of the mental hygiene
S. 7631 27
1 law. Notwithstanding any inconsistent
2 provision of law, the following appropri-
3 ation shall be net of prior and/or current
4 year refunds, rebates, reimbursements, and
5 credits.
6 Notwithstanding any other provision of law,
7 advances and reimbursement made pursuant
8 to subdivision (d) of section 41.15 and
9 section 41.18 of the mental hygiene law
10 shall be allocated pursuant to a plan and
11 in a manner prescribed by the agency head
12 and approved by the director of the budg-
13 et. The moneys hereby appropriated are
14 available to reimburse or advance locali-
15 ties and voluntary non-profit agencies for
16 expenditures made during local fiscal
17 periods commencing January 1, 2025, April
18 1, 2025 or July 1, 2025, and for advances
19 for the 3 month period beginning January
20 1, 2026.
21 Notwithstanding the provisions of article 41
22 of the mental hygiene law or any other
23 inconsistent provision of law, rule or
24 regulation, the commissioner, pursuant to
25 such contract and in the manner provided
26 therein, may pay all or a portion of the
27 expenses incurred by such voluntary agen-
28 cies arising out of loans which are funded
29 from the proceeds of bonds and notes
30 issued by the dormitory authority of the
31 state of New York.
32 Notwithstanding any other provision of law,
33 the money hereby appropriated may be
34 transferred to state operations and/or any
35 appropriation of the office for people
36 with developmental disabilities with the
37 approval of the director of the budget.
38 Notwithstanding any inconsistent provision
39 of law, moneys from this appropriation may
40 be used for state aid of up to 100 percent
41 of the net deficit costs of day training
42 programs and family support services.
43 Notwithstanding the provisions of section
44 16.23 of the mental hygiene law and any
45 other inconsistent provision of law, with
46 relation to the operation of certified
47 family care homes, including family care
48 homes sponsored by voluntary not-for-pro-
49 fit agencies, moneys from this appropri-
50 ation may be used for payments to purchase
51 general services including but not limited
52 to respite providers, up to a maximum of
53 14 days, at rates to be established by the
54 commissioner and approved by the director
55 of the budget in consideration of factors
56 including, but not limited to, geographic
S. 7631 28
1 area and number of clients cared for in
2 the home and for payment in an amount
3 determined by the commissioner for the
4 personal needs of each client residing in
5 the family care home.
6 Notwithstanding the provisions of subdivi-
7 sion 12 of section 8 of the state finance
8 law and any other inconsistent provision
9 of law, moneys from this appropriation may
10 be used for expenses of family care homes
11 including payments to operators of certi-
12 fied family care homes for damages caused
13 by clients to personal and real property
14 in accordance with standards established
15 by the commissioner and approved by the
16 director of the budget.
17 Notwithstanding any inconsistent provision
18 of law, moneys from this appropriation may
19 be used for appropriate day program
20 services and residential services includ-
21 ing, but not limited to, direct housing
22 subsidies to individuals, start-up
23 expenses for family care providers, envi-
24 ronmental modifications, adaptive technol-
25 ogies, appraisals, property options,
26 feasibility studies and preoperational
27 expenses.
28 Notwithstanding any inconsistent provision
29 of law except pursuant to a chapter of the
30 laws of 2024 authorizing a 2.84 percent
31 cost of living adjustment, for the period
32 commencing on April 1, 2024 and ending
33 March 31, 2025 the commissioner shall not
34 apply any other cost of living adjustment
35 for the purpose of establishing rates of
36 payments, contracts or any other form of
37 reimbursement; provided that this shall
38 not prevent the commissioner from applying
39 prior adjustments for the purpose of
40 establishing rates resulting from a rebas-
41 ing of base year costs.
42 Notwithstanding section 6908 of the educa-
43 tion law and any other provision of law,
44 rule or regulation to the contrary, direct
45 support staff in programs certified or
46 approved by the office for people with
47 developmental disabilities, including the
48 home and community based services waiver
49 programs that the office for people with
50 developmental disabilities is authorized
51 to administer with federal approval pursu-
52 ant to subdivision (c) of section 1915 of
53 the federal social security act, are
54 authorized to provide such tasks as OPWDD
55 may specify when performed under the
56 supervision, training and periodic
S. 7631 29
1 inspection of a registered professional
2 nurse and in accordance with an authorized
3 practitioner's ordered care.
4 Notwithstanding any other provision of law
5 to the contrary, and consistent with
6 section 33.07 of the mental hygiene law,
7 the directors of facilities licensed but
8 not operated by the office for people with
9 developmental disabilities who act as
10 federally-appointed representative payees
11 and who assume management responsibility
12 over the funds of a resident may continue
13 to use such funds for the cost of the
14 resident's care and treatment, consistent
15 with federal law and regulations.
16 Funds appropriated herein shall be available
17 in accordance with the following:
18 Notwithstanding any other provision of law
19 to the contrary, funds appropriated herein
20 are available to reimburse in- and out-of-
21 state private residential schools, pursu-
22 ant to subdivision (c) of section 13.37-a
23 and subdivision (g) of section 13.38 of
24 the mental hygiene law, for costs of
25 supporting the residential and day program
26 services available to individuals who are
27 over the age of 21 years of age, provided
28 that the amount paid for residential
29 services and/or maintenance costs is net
30 of any supplemental security income bene-
31 fit to which the individual receiving
32 services is eligible, and provided further
33 that funding for nonresidential services
34 will be in an amount not to exceed the
35 maximum reimbursement for appropriate day
36 services delivered by the office for
37 people with developmental disabilities
38 certified or approved providers other than
39 in- and out-of-state private residential
40 schools, unless otherwise authorized by
41 the director of the budget.
42 Notwithstanding section 163 of the state
43 finance law, section 142 of the economic
44 development law, and article 41 of the
45 mental hygiene law, the commissioner of
46 the office for people with developmental
47 disabilities may make the funds appropri-
48 ated herein available as state aid, a loan
49 or a grant, pursuant to terms and condi-
50 tions established by the commissioner of
51 the office for people with developmental
52 disabilities, to cover a portion of the
53 development costs of private, public
54 and/or non-profit organizations, including
55 corporations and partnerships established
56 pursuant to the private housing finance
S. 7631 30
1 law and/or any other statutory provisions,
2 for supportive housing units that have
3 been set aside for individuals with intel-
4 lectual and developmental disabilities.
5 Further, the office for people with develop-
6 mental disabilities shall have a lien on
7 the real property developed with such
8 state aid, loans or grants, which shall be
9 in the amount of the loan or grant, for a
10 maximum term of 30 years, or other longer
11 term consistent with the requirements of
12 another regulatory agency.
13 For services and expenses related to the
14 provision of residential services to
15 people with developmental disabilities
16 (37802) ..................... [23,448,000] 28,333,000
17 For services and expenses related to the
18 provision of day program services to
19 people with developmental disabilities
20 (37803) ...................... [5,760,000] 6,960,000
21 For services and expenses related to the
22 provision of family support services to
23 people with developmental disabilities
24 (37804) ...................... [6,480,000] 7,830,000
25 For services and expenses related to the
26 provision of workshop, day training and
27 employment services to people with devel-
28 opmental disabilities. Notwithstanding any
29 other provision of law, up to $800,000 of
30 this appropriation may be transferred to
31 the New York State Education Departments'
32 Adult Career and Continuing Education
33 Services - Vocational Rehabilitation
34 (ACCES-VR) program to support the Long-
35 Term Sheltered Employment program operated
36 by FEDCAP Rehabilitation Services, Inc.
37 (37805) ...................... [3,744,000] 4,524,000
38 For other services and expenses provided to
39 people with developmental disabilities
40 including but not limited to hepatitis B,
41 care at home waiver, epilepsy services,
42 Special Olympics New York, Inc. and volun-
43 tary fingerprinting (37806) .... [960,000] 1,160,000
44 --------------
45 § 9. Section 8 of chapter 113 of the laws of 2025, relating to making
46 appropriations for the support of government, as amended by chapter 122
47 of the laws of 2025, is amended to read as follows:
48 § 8. The amounts specified in this section, or so much thereof as
49 shall be sufficient to accomplish the purposes designated, is hereby
50 appropriated and authorized to be paid as hereinafter provided, to the
51 public officers and for the purposes specified, which amount shall be
52 available for the state fiscal year beginning April 1, 2025.
S. 7631 31
1 DEPARTMENT OF VETERANS' SERVICES
2 AID TO LOCALITIES
3 BLIND VETERAN ANNUITY ASSISTANCE PROGRAM ....................... 385,000
4 --------------
5 General Fund
6 Local Assistance Account - 10000
7 For payment of annuities to blind veterans
8 and eligible surviving spouses. Up to
9 $15,000 of this appropriation may be
10 transferred to state operations for admin-
11 istrative costs associated with this
12 program (54606) ................................ 385,000
13 VETERANS' BENEFITS ADVISING PROGRAM ............. [336,000] 406,000
14 --------------
15 Special Revenue Funds - Other
16 Homeless Veterans Assistance Fund
17 Homeless Veterans Assistance Account - 20204
18 For services and expenses related to home-
19 less veterans' housing (54815) .. [336,000] 406,000
20 § 10. No expenditure may be made from any appropriation in this act,
21 until a certificate of approval has been issued by the director of the
22 budget and a copy of such certificate shall have been filed with the
23 state comptroller, the chairman of the senate finance committee and the
24 chairman of the assembly ways and means committee provided, however,
25 that any expenditures from any appropriation in this act made by the
26 legislature or judiciary shall not require such certificate.
27 § 11. All expenditures and disbursements made against the appropri-
28 ations in this act shall, upon final action by the legislature on appro-
29 priation bills submitted by the governor pursuant to article VII of the
30 state constitution for the support of government for the state fiscal
31 year beginning April 1, 2025, be transferred by the comptroller as
32 expenditures and disbursements to such appropriations for all state
33 departments and agencies, as applicable, in amounts equal to the amounts
34 charged against the appropriations in this act for each such department,
35 agency, and the legislature and the judiciary.
36 § 12. Severability clause. If any clause, sentence, paragraph, subdi-
37 vision, section or part of this act shall be adjudged by any court of
38 competent jurisdiction to be invalid, such judgment shall not affect,
39 impair, or invalidate the remainder thereof, but shall be confined in
40 its operation to the clause, sentence, paragraph, subdivision, section
41 or part thereof directly involved in the controversy in which such judg-
42 ment shall have been rendered. It is hereby declared to be the intent of
43 the legislature that this act would have been enacted even if such
44 invalid provisions had not been included herein.
S. 7631 32
1 § 13. This act shall take effect immediately and shall be deemed to
2 have been in full force and effect on and after April 1, 2025; provided,
3 however, that upon the transfer of expenditures and disbursements by the
4 comptroller as provided in section eleven of this act, the appropri-
5 ations made by this act and subject to such section shall be deemed
6 repealed.
