STATE OF NEW YORK
________________________________________________________________________
7707
2025-2026 Regular Sessions
IN SENATE
May 1, 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 124
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.
LBD12011-01-5
S. 7707 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 May [1] 7, 2025 to
5 state officers and employees of the execu-
6 tive branch, including the governor, lieu-
7 tenant governor, comptroller, and attorney
8 general, and to employees of the legisla-
9 ture. This appropriation also includes
10 payments for services performed by mental-
11 ly ill or developmentally disabled persons
12 who are employed in state-operated special
13 employment, work-for-pay or sheltered
14 workshop programs ........................
15 .......................... [1,631,630,000] 1,978,430,000
16 --------------
17 § 3. Section 3 of chapter 113 of the laws of 2025, relating to making
18 appropriations for the support of government, as amended by chapter 124
19 of the laws of 2025, 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, 2025.
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 [1] 6, 2025, pursuant to existing
33 state law and for purposes for which the
34 legislature authorized the expenditure of
35 moneys during the 2024-2025 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 2024-2025 state
47 fiscal year shall have ceased to have
48 force and effect ............................ 34,000,000
49 --------------
50 § 4. Section 5 of chapter 118 of the laws of 2025, relating to making
51 appropriations for the support of government, as amended by chapter 124
52 of the laws of 2025, is amended to read as follows:
S. 7707 3
1 § 5. 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 JUDICIARY
7 For the purpose of making payments for
8 personal service, including liabilities
9 incurred prior to April 1, 2025, on the
10 payrolls scheduled to be paid during the
11 period April 1 through May [1] 7, 2025 to
12 officers and employees of the judiciary ..
13 ............................. [175,000,000] 265,000,000
14 For the payment of state operations nonper-
15 sonal service liabilities, the sum of
16 twenty-five million dollars ($25,000,000),
17 or so much thereof as shall be sufficient
18 to accomplish the purpose designated, is
19 hereby appropriated to the judiciary out
20 of any moneys in the general fund or other
21 funds to the credit of the state purposes
22 account not otherwise appropriated. The
23 comptroller is hereby authorized and
24 directed to utilize this appropriation for
25 the purpose of making payments for nonper-
26 sonal service liabilities incurred by the
27 judiciary from April 1 through May [1] 6,
28 2025 ........................................ 25,000,000
29 For the payment of aid to localities liabil-
30 ities, the sum of thirty million dollars
31 ($30,000,000), or so much thereof as shall
32 be sufficient to accomplish the purpose
33 designated, is hereby appropriated to the
34 judiciary out of any moneys in the general
35 fund or other funds to the credit of the
36 state purposes account not otherwise
37 appropriated. The comptroller is hereby
38 authorized and directed to utilize this
39 appropriation for the purpose of making
40 payments for aid to localities liabilities
41 incurred by the judiciary from April 1
42 through May [1] 6, 2025 ..................... 30,000,000
43 For the payment of employee fringe benefit
44 programs including, but not limited to,
45 the judiciary's contributions to the
46 health insurance fund, the employees'
47 retirement system pension accumulation
48 fund, the social security contribution
49 fund, employee benefit fund programs, the
50 dental insurance plan, the vision care
51 plan, the unemployment insurance fund, and
52 for workers' compensation benefits, the
53 sum of three hundred million dollars
54 ($300,000,000), or so much thereof as
S. 7707 4
1 shall be sufficient to accomplish the
2 purpose designated, is hereby appropriated
3 to the judiciary out of any moneys in the
4 general fund or other funds to the credit
5 of the state purposes account not other-
6 wise appropriated. The comptroller is
7 hereby authorized and directed to utilize
8 this appropriation for the purpose of
9 making payments for employee fringe bene-
10 fit liabilities incurred by the judiciary
11 from April 1 through May [1] 6, 2025 ....... 300,000,000
12 --------------
13 § 5. Section 5 of chapter 113 of the laws of 2025, relating to making
14 appropriations for the support of government, as amended by chapter 124
15 of the laws of 2025, is amended to read as follows:
16 § 5. The amounts specified in this section, or so much thereof as
17 shall be sufficient to accomplish the purposes designated, is hereby
18 appropriated and authorized to be paid as hereinafter provided, to the
19 public officers and for the purposes specified, which amount shall be
20 available for the state fiscal year beginning April 1, 2025.
21 DEPARTMENT OF HEALTH
22 AID TO LOCALITIES
23 CENTER FOR COMMUNITY HEALTH PROGRAM ......... [40,170,000] 44,450,000
24 --------------
25 General Fund
26 Local Assistance Account - 10000
27 For services and expenses related to the
28 Indian health program. The money hereby
29 appropriated shall be for payment of
30 financial assistance heretofore accrued or
31 hereafter to accrue (26840) .................. 7,000,000
32 --------------
33 Special Revenue Funds - Federal
34 Federal USDA-Food and Nutrition Services Fund
35 Federal Food and Nutrition Services Account - 25022
36 For various federal food and nutritional
37 services. The moneys hereby appropriated
38 shall be available for payment of finan-
39 cial assistance heretofore accrued (26986)
40 ............................. [33,170,000] 37,450,000
41 --------------
42 CHILD HEALTH INSURANCE PROGRAM ............................. 109,366,000
43 --------------
44 Special Revenue Funds - Other
45 HCRA Resources Fund
46 Children's Health Insurance Account - 20810
S. 7707 5
1 The money hereby appropriated is available
2 for payment of aid heretofore accrued or
3 hereafter accrued.
4 Notwithstanding any other provision of law,
5 the money hereby appropriated may be
6 increased or decreased by transfer or
7 suballocation to appropriations of the
8 office of temporary and disability assist-
9 ance, for the reimbursement of local
10 district administrative costs related to
11 children newly enrolled in medicaid whose
12 household income is between 100 percent
13 and 133 percent of the federal poverty
14 level.
15 Notwithstanding any provision of law to the
16 contrary, the amounts appropriated herein
17 shall be net of refunds, rebates,
18 reimbursements, credits, repayments,
19 and/or disallowances.
20 For services and expenses related to the
21 children's health insurance program
22 authorized pursuant to title 1-A of arti-
23 cle 25 of the public health law (26931) .... 109,366,000
24 --------------
25 ELDERLY PHARMACEUTICAL INSURANCE COVERAGE PROGRAM ............ 1,520,000
26 --------------
27 Special Revenue Funds - Other
28 HCRA Resources Fund
29 EPIC Premium Account - 20818
30 For services and expenses of the program for
31 elderly pharmaceutical insurance coverage,
32 including reimbursement to pharmacies
33 participating in such program.
34 The moneys hereby appropriated shall be
35 available for payment of financial assist-
36 ance heretofore accrued (26803) .............. 1,520,000
37 MEDICAL ASSISTANCE PROGRAM ............... [7,541,232,000] 7,793,997,000
38 --------------
39 General Fund
40 Local Assistance Account - 10000
41 For the medical assistance program, includ-
42 ing administrative expenses, for local
43 social services districts, and for medical
44 care rates for authorized child care agen-
45 cies.
46 Notwithstanding section 40 of the state
47 finance law or any provision of law to the
48 contrary, subject to federal approval,
49 department of health state funds medicaid
S. 7707 6
1 spending, excluding payments for medical
2 services provided at state facilities
3 operated by the office of mental health,
4 the office for people with developmental
5 disabilities and the office of addiction
6 services and supports and further exclud-
7 ing any payments which are not appropri-
8 ated within the department of health, in
9 the aggregate, for the period April 1,
10 2025 through March 31, 2026, shall not
11 exceed $33,417,285,000 except as provided
12 below provided, however, such aggregate
13 limits may be adjusted by the director of
14 the budget to account for any changes in
15 the New York state federal medical assist-
16 ance percentage amount established pursu-
17 ant to the federal social security act,
18 increases in provider revenues, reductions
19 in local social services district payments
20 for medical assistance administration,
21 minimum wage increases, and beginning
22 April 1, 2012 the operational costs of the
23 New York state medical indemnity fund,
24 pursuant to chapter 59 of the laws of
25 2011, and state costs or savings from the
26 essential plan program. Such projections
27 may be adjusted by the director of the
28 budget to account for increased or expe-
29 dited department of health state funds
30 medicaid expenditures as a result of a
31 natural or other type of disaster, includ-
32 ing a governmental declaration of emergen-
33 cy.
34 The director of the budget, in consultation
35 with the commissioner of health, shall
36 assess on a quarterly basis known and
37 projected medicaid expenditures by catego-
38 ry of service and by geographic region, as
39 defined by the commissioner, incurred both
40 prior to and subsequent to such assessment
41 for each such period, and if the director
42 of the budget determines that such expend-
43 itures are expected to cause medicaid
44 spending for such period to exceed the
45 aggregate limit specified herein for such
46 period, the state medicaid director, in
47 consultation with the director of the
48 budget and the commissioner of health,
49 shall develop a medicaid savings allo-
50 cation adjustment to limit such spending
51 to the aggregate limit specified herein
52 for such period.
53 Such medicaid savings allocation adjustment
54 shall be designed, to reduce the expendi-
55 tures authorized by the appropriations
56 herein in compliance with the following
S. 7707 7
1 guidelines: (1) reductions shall be made
2 in compliance with applicable federal law,
3 including the provisions of the Patient
4 Protection and Affordable Care Act, Public
5 Law No. 111-148, and the Health Care and
6 Education Reconciliation Act of 2010,
7 Public Law No. 111-152 (collectively
8 "Affordable Care Act") and any subsequent
9 amendments thereto or regulations promul-
10 gated thereunder; (2) reductions shall be
11 made in a manner that complies with the
12 state medicaid plan approved by the feder-
13 al centers for medicare and medicaid
14 services, provided, however, that the
15 commissioner of health is authorized to
16 submit any state plan amendment or seek
17 other federal approval, including waiver
18 authority, to implement the provisions of
19 the medicaid savings allocation adjustment
20 that meets the other criteria set forth
21 herein; (3) reductions shall be made in a
22 manner that maximizes federal financial
23 participation, to the extent practicable,
24 including any federal financial partic-
25 ipation that is available or is reasonably
26 expected to become available, in the
27 discretion of the commissioner, under the
28 Affordable Care Act; (4) reductions shall
29 be made uniformly among categories of
30 services and geographic regions of the
31 state, to the extent practicable, and
32 shall be made uniformly within a category
33 of service, to the extent practicable,
34 except where the commissioner determines
35 that there are sufficient grounds for
36 non-uniformity, including but not limited
37 to: the extent to which specific catego-
38 ries of services contributed to department
39 of health medicaid state funds spending in
40 excess of the limits specified herein; the
41 need to maintain safety net services in
42 underserved communities; or the potential
43 benefits of pursuing innovative payment
44 models contemplated by the Affordable Care
45 Act, in which case such grounds shall be
46 set forth in the medicaid savings allo-
47 cation adjustment; and (5) reductions
48 shall be made in a manner that does not
49 unnecessarily create administrative
50 burdens to medicaid applicants and recipi-
51 ents or providers.
52 The commissioner shall seek the input of the
53 legislature, as well as organizations
54 representing health care providers,
55 consumers, businesses, workers, health
56 insurers, and others with relevant exper-
S. 7707 8
1 tise, in developing such medicaid savings
2 allocation adjustment, to the extent that
3 all or part of such adjustment, in the
4 discretion of the commissioner, is likely
5 to have a material impact on the overall
6 medicaid program, particular categories of
7 service or particular geographic regions
8 of the state.
9 (a) The commissioner shall post the medicaid
10 savings allocation adjustment on the
11 department of health's website and shall
12 provide written copies of such adjustment
13 to the chairs of the senate finance and
14 the assembly ways and means committees at
15 least 30 days before the date on which
16 implementation is expected to begin.
17 (b) The commissioner may revise the medicaid
18 savings allocation adjustment subsequent
19 to the provisions of notice and prior to
20 implementation but needs to provide a new
21 notice pursuant to subparagraph (i) of
22 this paragraph only if the commissioner
23 determines, in his or her discretion, that
24 such revisions materially alter the
25 adjustment.
26 Notwithstanding the provisions of paragraphs
27 (a) and (b) of this subdivision, the
28 commissioner need not seek the input
29 described in paragraph (a) of this subdi-
30 vision or provide notice pursuant to para-
31 graph (b) of this subdivision if, in the
32 discretion of the commissioner, expedited
33 development and implementation of a medi-
34 caid savings allocation adjustment is
35 necessary due to a public health emergen-
36 cy.
37 For purposes of this section, a public
38 health emergency is defined as: (i) a
39 disaster, natural or otherwise, that
40 significantly increases the immediate need
41 for health care personnel in an area of
42 the state; (ii) an event or condition that
43 creates a widespread risk of exposure to a
44 serious communicable disease, or the
45 potential for such widespread risk of
46 exposure; or (iii) any other event or
47 condition determined by the commissioner
48 to constitute an imminent threat to public
49 health.
50 Nothing in this paragraph shall be deemed to
51 prevent all or part of such medicaid
52 savings allocation adjustment from taking
53 effect retroactively to the extent permit-
54 ted by the federal centers for medicare
55 and medicaid services.
S. 7707 9
1 In accordance with the medicaid savings
2 allocation adjustment, the commissioner of
3 the department of health shall reduce
4 department of health state funds medicaid
5 spending by the amount of the projected
6 overspending through, actions including,
7 but not limited to modifying or suspending
8 reimbursement methods, including but not
9 limited to all fees, premium levels and
10 rates of payment, notwithstanding any
11 provision of law that sets a specific
12 amount or methodology for any such
13 payments or rates of payment; modifying or
14 discontinuing medicaid program benefits;
15 seeking all necessary federal approvals,
16 including, but not limited to waivers,
17 waiver amendments; and suspending time
18 frames for notice, approval or certif-
19 ication of rate requirements, notwith-
20 standing any provision of law, rule or
21 regulation to the contrary, including but
22 not limited to sections 2807 and 3614 of
23 the public health law, section 18 of chap-
24 ter 2 of the laws of 1988, and 18 NYCRR
25 505.14(h).
26 The department of health shall prepare a
27 quarterly report that sets forth: (a)
28 known and projected department of health
29 medicaid expenditures as described in
30 subdivision (1) of this section, and
31 factors that could result in medicaid
32 disbursements for the relevant state
33 fiscal year to exceed the projected
34 department of health state funds disburse-
35 ments in the enacted budget financial plan
36 pursuant to subdivision 3 of section 23 of
37 the state finance law, including spending
38 increases or decreases due to: enrollment
39 fluctuations, rate changes, utilization
40 changes, MRT investments, and shift of
41 beneficiaries to managed care; and vari-
42 ations in offline medicaid payments; and
43 (b) the actions taken to implement any
44 medicaid savings allocation adjustment
45 implemented pursuant to subdivision (4) of
46 this section, including information
47 concerning the impact of such actions on
48 each category of service and each
49 geographic region of the state. Each such
50 quarterly report shall be provided to the
51 chairs of the senate finance and the
52 assembly ways and means committees and
53 shall be posted on the department of
54 health's website in a timely manner.
55 The money hereby appropriated is to be
56 available for payment of aid heretofore
S. 7707 10
1 accrued or hereafter accrued to munici-
2 palities, and to providers of medical
3 services pursuant to section 367-b of the
4 social services law, and for payment of
5 state aid to municipalities and to provid-
6 ers of family care where payment systems
7 through the fiscal intermediaries are not
8 operational.
9 Notwithstanding any inconsistent provision
10 of law to the contrary, funds may be used
11 by the department for outside legal
12 assistance on issues involving the federal
13 government, the conduct of preadmission
14 screening and annual resident reviews
15 required by the state's medicaid program,
16 computer matching with insurance carriers
17 to insure that medicaid is the payer of
18 last resort and activities related to the
19 management of the pharmacy benefit avail-
20 able under the medicaid program.
21 Notwithstanding any inconsistent provision
22 of law, in lieu of payments authorized by
23 the social services law, or payments of
24 federal funds otherwise due to the local
25 social services districts for programs
26 provided under the federal social security
27 act or the federal food stamp act, funds
28 herein appropriated, in amounts certified
29 by the state commissioner of temporary and
30 disability assistance or the state commis-
31 sioner of health as due from local social
32 services districts each month as their
33 share of payments made pursuant to section
34 367-b of the social services law may be
35 set aside by the state comptroller in an
36 interest-bearing account in order to
37 ensure the orderly and prompt payment of
38 providers under section 367-b of the
39 social services law pursuant to an esti-
40 mate provided by the commissioner of
41 health of each local social services
42 district's share of payments made pursuant
43 to section 367-b of the social services
44 law.
45 Notwithstanding any inconsistent provision
46 of law, funding made available by these
47 appropriations shall support direct salary
48 costs and related fringe benefits within
49 the medical assistance program associated
50 with any minimum wage increase that takes
51 effect during the timeframe of these
52 appropriations, pursuant to section 652 of
53 the labor law. Each eligible organization
54 in receipt of funding made available by
55 these appropriations may be required to
56 submit written certification, in such form
S. 7707 11
1 and at such time the commissioner may
2 prescribe, attesting to the total amount
3 of funds used by the eligible organiza-
4 tion, how such funding will be or was used
5 for purposes eligible under these appro-
6 priations and any other reporting deemed
7 necessary by the commissioner. The amounts
8 appropriated herein may include advances
9 to organizations authorized to receive
10 such funds to accomplish this purpose.
11 Notwithstanding any other provision of law,
12 the money hereby appropriated may be
13 increased or decreased by interchange or
14 transfer, with any appropriation of the
15 department of health and the office of
16 medicaid inspector general and may be
17 increased or decreased by transfer or
18 suballocation between these appropriated
19 amounts and appropriations of the depart-
20 ment of health state purpose account, the
21 office of mental health, office for people
22 with developmental disabilities, the
23 office of addiction services and supports,
24 the department of family assistance office
25 of temporary and disability assistance,
26 the department of corrections and communi-
27 ty supervision, the office of information
28 technology services, the state university
29 of New York, and office of children and
30 family services, the office of medicaid
31 inspector general, the state education
32 department, and the state office for the
33 aging with the approval of the director of
34 the budget, who shall file such approval
35 with the department of audit and control
36 and copies thereof with the chairman of
37 the senate finance committee and the
38 chairman of the assembly ways and means
39 committee.
40 Notwithstanding any inconsistent provision
41 of law to the contrary, the moneys hereby
42 appropriated may be used for payments to
43 the centers for medicaid and medicare
44 services for obligations incurred related
45 to the pharmaceutical costs of dually
46 eligible medicare/medicaid beneficiaries
47 participating in the medicare drug benefit
48 authorized by P.L. 108-173.
49 Notwithstanding any inconsistent provision
50 of law, the moneys hereby appropriated
51 shall not be used for any existing rates,
52 fees, fee schedule, or procedures which
53 may affect the cost of care and services
54 provided by personal care providers, case
55 managers, health maintenance organiza-
56 tions, out of state medical facilities
S. 7707 12
1 which provide care and services to resi-
2 dents of the state, providers of transpor-
3 tation services, that are altered,
4 amended, adjusted or otherwise changed by
5 a local social services district unless
6 previously approved by the department of
7 health and the director of the budget.
8 Notwithstanding any inconsistent provision
9 of law to the contrary, funds shall be
10 made available to the commissioner of the
11 office of mental health or the commission-
12 er of the office of addiction services and
13 supports, in consultation with the commis-
14 sioner of health and approved by the
15 director of the budget, and consistent
16 with appropriations made therefor, to
17 implement allocation adjustment developed
18 by each such commissioner which shall
19 describe mental health or substance use
20 disorder services that should be developed
21 to meet service needs resulting from the
22 reduction of inpatient behavioral health
23 services provided under the medicaid
24 program, by programs licensed pursuant to
25 article 31 or 32 of the mental hygiene
26 law. Such programs may include programs
27 that are licensed pursuant to both article
28 31 of the mental hygiene law and article
29 28 of the public health law, or certified
30 under both article 32 of the mental
31 hygiene law and article 28 of the public
32 health law.
33 Notwithstanding any inconsistent provision
34 of law, the moneys hereby appropriated may
35 be available for payments associated with
36 the resolution by settlement agreement or
37 judgment of rate appeals and/or litigation
38 where the department of health is a party.
39 For services and expenses of the medical
40 assistance program including hospital
41 inpatient services and general hospitals
42 that are safety-net providers that evince
43 severe financial distress, pursuant to
44 criteria determined by the commissioner,
45 shall be eligible for awards for amounts
46 appropriated herein, to enable such
47 providers to maintain operations and vital
48 services while establishing long term
49 solutions to achieve sustainable health
50 services.
51 Notwithstanding any inconsistent provisions
52 of law, no expenditures shall be used for
53 the medical assistance program for any
54 expenses not explicitly authorized in law
55 without the approval of the director of
56 the budget.
S. 7707 13
1 Notwithstanding any provision of law to the
2 contrary, the portion of this appropri-
3 ation covering fiscal year 2025-26 shall
4 supersede and replace any duplicative (i)
5 reappropriation for this item covering
6 fiscal year 2025-26, and (ii) appropri-
7 ation for this item covering fiscal year
8 2025-26 set forth in chapter 53 of the
9 laws of 2024 (26947) ........ [101,000,000] 121,200,000
10 For services and expenses of the medical
11 assistance program including hospital
12 outpatient and emergency room services.
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 (26948) ......... [26,080,000] 31,296,000
22 For services and expenses of the medical
23 assistance program including clinic
24 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 (26949) ......... [47,565,000] 57,078,000
34 For services and expenses of the medical
35 assistance program including nursing home
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 (26950) ........ [127,340,000] 152,808,000
46 For services and expenses of the medical
47 assistance program including other long
48 term care 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. 7707 14
1 2025-26 set forth in chapter 53 of the
2 laws of 2024 (26951) ........ [703,890,000] 774,279,000
3 For services and expenses of the medical
4 assistance program including managed care
5 services including regional planning
6 activities of the finger lakes health
7 systems agency, including statewide coor-
8 dination and demonstration of best prac-
9 tices. The department shall make grants
10 within amounts appropriated therefor, to
11 assure high-quality and accessible primary
12 care, to provide technical assistance to
13 support financial and business planning
14 for integrated systems of care, and to
15 assist primary care providers in the
16 adoption, implementation, and meaningful
17 use of electronic health record technolo-
18 gy.
19 Notwithstanding any provision of law to the
20 contrary, the portion of this appropri-
21 ation covering fiscal year 2025-26 shall
22 supersede and replace any duplicative (i)
23 reappropriation for this item covering
24 fiscal year 2025-26, and (ii) appropri-
25 ation for this item covering fiscal year
26 2025-26 set forth in chapter 53 of the
27 laws of 2024 (26952) ........ [434,308,000] 477,739,000
28 For services and expenses for health homes
29 including grants to health homes.
30 Notwithstanding any provision of law to the
31 contrary, the portion of this appropri-
32 ation covering fiscal year 2025-26 shall
33 supersede and replace any duplicative (i)
34 reappropriation for this item covering
35 fiscal year 2025-26, and (ii) appropri-
36 ation for this item covering fiscal year
37 2025-26 set forth in chapter 53 of the
38 laws of 2024 (29548) ......... [15,080,000] 18,096,000
39 For services and expenses of the medical
40 assistance program including pharmacy
41 services provided, however, that no funds
42 shall be made available pursuant to this
43 appropriation for any drug not explicitly
44 authorized in any enacted law, rule, or
45 regulation without approval from the
46 director of the budget.
47 Notwithstanding any provision of law to the
48 contrary, the portion of this appropri-
49 ation covering fiscal year 2025-26 shall
50 supersede and replace any duplicative (i)
51 reappropriation for this item covering
52 fiscal year 2025-26, and (ii) appropri-
53 ation for this item covering fiscal year
54 2025-26 set forth in chapter 53 of the
55 laws of 2024 (26953) ........ [242,380,000] 290,856,000
S. 7707 15
1 For services and expenses of the medical
2 assistance program including transporta-
3 tion services.
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 (26954) ......... [35,860,000] 43,032,000
13 For services and expenses of the medical
14 assistance program including dental
15 services.
16 Notwithstanding any provision of law to the
17 contrary, the portion of this appropri-
18 ation covering fiscal year 2025-26 shall
19 supersede and replace any duplicative (i)
20 reappropriation for this item covering
21 fiscal year 2025-26, and (ii) appropri-
22 ation for this item covering fiscal year
23 2025-26 set forth in chapter 53 of the
24 laws of 2024 (26955) ............ [410,000] 492,000
25 For services and expenses of the medical
26 assistance program including non-institu-
27 tional and other spending.
28 The money hereby appropriated is available
29 for payment of liabilities heretofore
30 accrued or hereafter accrued.
31 Notwithstanding any inconsistent provision
32 of law, the money hereby appropriated may
33 be available for payments to any county or
34 public school districts associated with
35 additional claims for school supportive
36 health 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 (26956) ......... [99,010,000] 118,812,000
46 For services and expenses of the medical
47 assistance program including medical
48 services provided at state facilities
49 operated by the office of mental health,
50 the office for people with developmental
51 disabilities and the office of addiction
52 services and supports.
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. 7707 16
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 (26961) ....................... 417,000,000
6 --------------
7 Special Revenue Funds - Federal
8 Federal Health and Human Services Fund
9 Medicaid Direct Account - 25106
10 For services and expenses for the medical
11 assistance program, including administra-
12 tive expenses for local social services
13 districts, pursuant to title XIX of the
14 federal social security act or its succes-
15 sor program.
16 The moneys hereby appropriated are to be
17 available for payment of aid heretofore
18 accrued or hereafter accrued to munici-
19 palities, and to providers of medical
20 services pursuant to section 367-b of the
21 social services law, and for payment of
22 state aid to municipalities and to provid-
23 ers of family care where payment systems
24 through the fiscal intermediaries are not
25 operational.
26 Notwithstanding any inconsistent provision
27 of law, funding made available by these
28 appropriations shall support direct salary
29 costs and related fringe benefits within
30 the medical assistance program associated
31 with any minimum wage increase that takes
32 effect during the timeframe of these
33 appropriations, pursuant to section 652 of
34 the labor law. Each eligible organization
35 in receipt of funding made available by
36 these appropriations may be required to
37 submit written certification, in such form
38 and at such time the commissioner may
39 prescribe, attesting to the total amount
40 of funds used by the eligible organiza-
41 tion, how such funding will be or was used
42 for purposes eligible under these appro-
43 priations and any other reporting deemed
44 necessary by the commissioner. The amounts
45 appropriated herein may include advances
46 to organizations authorized to receive
47 such funds to accomplish this purpose.
48 Notwithstanding any other provision of law,
49 the money hereby appropriated may be
50 increased or decreased by interchange or
51 transfer, with any appropriation of the
52 department of health and the office of
53 medicaid inspector general and may be
54 increased or decreased by transfer or
S. 7707 17
1 suballocation between these appropriated
2 amounts and appropriations of the office
3 of mental health, office for people with
4 developmental disabilities, the office of
5 addiction services and supports, the
6 department of family assistance office of
7 temporary and disability assistance,
8 office of children and family services,
9 the department of financial services,
10 department of corrections and community
11 supervision, the office of information
12 technology services, the state university
13 of New York, the state education depart-
14 ment, and the state office for the aging
15 with the approval of the director of the
16 budget, who shall file such approval with
17 the department of audit and control and
18 copies thereof with the chairman of the
19 senate finance committee and the chairman
20 of the assembly ways and means committee.
21 Notwithstanding any inconsistent provision
22 of law, in lieu of payments authorized by
23 the social services law, or payments of
24 federal funds otherwise due to the local
25 social services districts for programs
26 provided under the federal social security
27 act or the federal food stamp act, funds
28 herein appropriated, in amounts certified
29 by the state commissioner of temporary and
30 disability assistance or the state commis-
31 sioner of health as due from local social
32 services districts each month as their
33 share of payments made pursuant to section
34 367-b of the social services law may be
35 set aside by the state comptroller in an
36 interest-bearing account in order to
37 ensure the orderly and prompt payment of
38 providers under section 367-b of the
39 social services law pursuant to an esti-
40 mate provided by the commissioner of
41 health of each local social services
42 district's share of payments made pursuant
43 to section 367-b of the social services
44 law.
45 Notwithstanding any inconsistent provision
46 of law to the contrary, funds shall be
47 made available to the commissioner of the
48 office of mental health or the commission-
49 er of the office of addiction services and
50 supports, in consultation with the commis-
51 sioner of health and approved by the
52 director of the budget, and consistent
53 with appropriations made therefor, to
54 implement allocation adjustment developed
55 by each such commissioner which shall
56 describe mental health or substance use
S. 7707 18
1 disorder services that should be developed
2 to meet service needs resulting from the
3 reduction of inpatient behavioral health
4 services provided under the medicaid
5 program, by programs licensed pursuant to
6 article 31 or 32 of the mental hygiene
7 law. Such programs may include programs
8 that are licensed pursuant to both article
9 31 of the mental hygiene law and article
10 28 of the public health law, or certified
11 under both article 32 of the mental
12 hygiene law and article 28 of the public
13 health law.
14 Notwithstanding any inconsistent provision
15 of law, the moneys hereby appropriated may
16 be available for payments associated with
17 the resolution by settlement agreement or
18 judgment of rate appeals and/or litigation
19 where the department of health is a party.
20 Notwithstanding any inconsistent
21 provisions of law, no expenditures shall
22 be used for the medical assistance program
23 for any expenses not explicitly authorized
24 in law without the approval of the direc-
25 tor of the budget.
26 For services and expenses of the medical
27 assistance program including hospital
28 inpatient services.
29 Notwithstanding any provision of law to the
30 contrary, the portion of this appropri-
31 ation covering fiscal year 2025-26 shall
32 supersede and replace any duplicative (i)
33 reappropriation for this item covering
34 fiscal year 2025-26, and (ii) appropri-
35 ation for this item covering fiscal year
36 2025-26 set forth in chapter 53 of the
37 laws of 2024 (26947) ....................... 289,070,000
38 For services and expenses of the medical
39 assistance program including hospital
40 outpatient and emergency room 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 (26948) ........................ 51,860,000
50 For services and expenses of the medical
51 assistance program including clinic
52 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. 7707 19
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 (26949) ........................ 84,835,000
6 For services and expenses of the medical
7 assistance program including nursing home
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 (26950) ....................... 396,795,000
18 For services and expenses of the medical
19 assistance program including other long
20 term care 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 (26951) ..................... 1,323,939,000
30 For services and expenses of the medical
31 assistance program including managed care
32 services including regional planning
33 activities of the finger lakes health
34 systems agency, including statewide coor-
35 dination and demonstration of best prac-
36 tices. The department shall make grants
37 within amounts appropriated therefor, to
38 assure high-quality and accessible primary
39 care, to provide technical assistance to
40 support financial and business planning
41 for integrated systems of care, and to
42 assist primary care providers in the
43 adoption, implementation, and meaningful
44 use of electronic health record technolo-
45 gy.
46 Notwithstanding any provision of law to the
47 contrary, the portion of this appropri-
48 ation covering fiscal year 2025-26 shall
49 supersede and replace any duplicative (i)
50 reappropriation for this item covering
51 fiscal year 2025-26, and (ii) appropri-
52 ation for this item covering fiscal year
53 2025-26 set forth in chapter 53 of the
54 laws of 2024 (26952) ..................... 1,508,290,000
55 For services and expenses of the medical
56 assistance program including pharmacy
S. 7707 20
1 services, provided, however, that no funds
2 shall be made available pursuant to this
3 appropriation for any drug not explicitly
4 authorized in any heretofore enacted law,
5 rule, or regulation without approval from
6 the director of the budget.
7 Notwithstanding any provision of law to the
8 contrary, the portion of this appropri-
9 ation covering fiscal year 2025-26 shall
10 supersede and replace any duplicative (i)
11 reappropriation for this item covering
12 fiscal year 2025-26, and (ii) appropri-
13 ation for this item covering fiscal year
14 2025-26 set forth in chapter 53 of the
15 laws of 2024 (26953) ....................... 463,080,000
16 For services and expenses of the medical
17 assistance program including transporta-
18 tion services.
19 Notwithstanding any provision of law to the
20 contrary, the portion of this appropri-
21 ation covering fiscal year 2025-26 shall
22 supersede and replace any duplicative (i)
23 reappropriation for this item covering
24 fiscal year 2025-26, and (ii) appropri-
25 ation for this item covering fiscal year
26 2025-26 set forth in chapter 53 of the
27 laws of 2024 (26954) ........................ 61,175,000
28 For services and expenses of the medical
29 assistance program including dental
30 services.
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 (26955) ......................... 7,110,000
40 For services and expenses of the medical
41 assistance program including noninstitu-
42 tional and other spending.
43 The money hereby appropriated is available
44 for payment of liabilities heretofore
45 accrued or hereafter accrued.
46 Notwithstanding any provision of law to the
47 contrary, the portion of this appropri-
48 ation covering fiscal year 2025-26 shall
49 supersede and replace any duplicative (i)
50 reappropriation for this item covering
51 fiscal year 2025-26, and (ii) appropri-
52 ation for this item covering fiscal year
53 2025-26 set forth in chapter 53 of the
54 laws of 2024 (26956) ....................... 688,155,000
55 For services and expenses of the medical
56 assistance program including medical
S. 7707 21
1 services provided at state facilities
2 operated by the office of mental health,
3 the office for people with developmental
4 disabilities and the office of addiction
5 services and supports.
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 (26961) ....................... 417,000,000
15 --------------
16 § 6. Section 6 of chapter 113 of the laws of 2025, relating to making
17 appropriations for the support of government, as amended by chapter 124
18 of the laws of 2025, is amended to read as follows:
19 § 6. The amounts specified in this section, or so much thereof as
20 shall be sufficient to accomplish the purposes designated, is hereby
21 appropriated and authorized to be paid as hereinafter provided, to the
22 public officers and for the purposes specified, which amount shall be
23 available for the state fiscal year beginning April 1, 2025.
24 DEPARTMENT OF LABOR
25 AID TO LOCALITIES
26 UNEMPLOYMENT INSURANCE BENEFIT PROGRAM ..... [945,000,000] 975,000,000
27 --------------
28 Enterprise Funds
29 Unemployment Insurance Benefit Fund
30 Unemployment Insurance Benefit Account - 50650
31 For payment of unemployment insurance bene-
32 fits pursuant to article 18 of the labor
33 law or as authorized by the federal
34 government through the disaster unemploy-
35 ment assistance program, the emergency
36 unemployment compensation program, the
37 extended benefit program, the federal
38 additional compensation program or any
39 other federally funded unemployment bene-
40 fit program (34787) ........ [945,000,000] 975,000,000
41 § 7. Section 11 of chapter 119 of the laws of 2025, relating to making
42 appropriations for the support of government, as amended by chapter 124
43 of the laws of 2025, is amended to read as follows:
44 § 11. The amounts specified in this section, or so much thereof as
45 shall be sufficient to accomplish the purposes designated, is hereby
46 appropriated and authorized to be paid as hereinafter provided, to the
47 public officers and for the purposes specified, which amount shall be
48 available for the state fiscal year beginning April 1, 2025.
S. 7707 22
1 DEPARTMENT OF MENTAL HYGIENE
2 OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES
3 AID TO LOCALITIES
4 COMMUNITY SERVICES PROGRAM ................. [421,525,000] 428,257,000
5 --------------
6 General Fund
7 Local Assistance Account - 10000
8 For services and expenses of the community
9 services program, net of disallowances,
10 for community programs for people with
11 developmental disabilities pursuant to
12 article 41 of the mental hygiene law,
13 and/or chapter 620 of the laws of 1974,
14 chapter 660 of the laws of 1977, chapter
15 412 of the laws of 1981, chapter 27 of the
16 laws of 1987, chapter 729 of the laws of
17 1989, chapter 329 of the laws of 1993 and
18 other provisions of the mental hygiene
19 law. Notwithstanding any inconsistent
20 provision of law, the following appropri-
21 ation shall be net of prior and/or current
22 year refunds, rebates, reimbursements, and
23 credits.
24 Notwithstanding any other provision of law,
25 advances and reimbursement made pursuant
26 to subdivision (d) of section 41.15 and
27 section 41.18 of the mental hygiene law
28 shall be allocated pursuant to a plan and
29 in a manner prescribed by the agency head
30 and approved by the director of the budg-
31 et. The moneys hereby appropriated are
32 available to reimburse or advance locali-
33 ties and voluntary non-profit agencies for
34 expenditures made during local fiscal
35 periods commencing January 1, 2025, April
36 1, 2025 or July 1, 2025, and for advances
37 for the 3 month period beginning January
38 1, 2026.
39 Notwithstanding the provisions of article 41
40 of the mental hygiene law or any other
41 inconsistent provision of law, rule or
42 regulation, the commissioner, pursuant to
43 such contract and in the manner provided
44 therein, may pay all or a portion of the
45 expenses incurred by such voluntary agen-
46 cies arising out of loans which are funded
47 from the proceeds of bonds and notes
48 issued by the dormitory authority of the
49 state of New York.
50 Notwithstanding any other provision of law,
51 the money hereby appropriated may be
52 transferred to state operations and/or any
S. 7707 23
1 appropriation of the office for people
2 with developmental disabilities with the
3 approval of the director of the budget.
4 Notwithstanding any inconsistent provision
5 of law, moneys from this appropriation may
6 be used for state aid of up to 100 percent
7 of the net deficit costs of day training
8 programs and family support services.
9 Notwithstanding the provisions of section
10 16.23 of the mental hygiene law and any
11 other inconsistent provision of law, with
12 relation to the operation of certified
13 family care homes, including family care
14 homes sponsored by voluntary not-for-pro-
15 fit agencies, moneys from this appropri-
16 ation may be used for payments to purchase
17 general services including but not limited
18 to respite providers, up to a maximum of
19 14 days, at rates to be established by the
20 commissioner and approved by the director
21 of the budget in consideration of factors
22 including, but not limited to, geographic
23 area and number of clients cared for in
24 the home and for payment in an amount
25 determined by the commissioner for the
26 personal needs of each client residing in
27 the family care home.
28 Notwithstanding the provisions of subdivi-
29 sion 12 of section 8 of the state finance
30 law and any other inconsistent provision
31 of law, moneys from this appropriation may
32 be used for expenses of family care homes
33 including payments to operators of certi-
34 fied family care homes for damages caused
35 by clients to personal and real property
36 in accordance with standards established
37 by the commissioner and approved by the
38 director of the budget.
39 Notwithstanding any inconsistent provision
40 of law, moneys from this appropriation may
41 be used for appropriate day program
42 services and residential services includ-
43 ing, but not limited to, direct housing
44 subsidies to individuals, start-up
45 expenses for family care providers, envi-
46 ronmental modifications, adaptive technol-
47 ogies, appraisals, property options,
48 feasibility studies and preoperational
49 expenses.
50 Notwithstanding any inconsistent provision
51 of law except pursuant to a chapter of the
52 laws of 2024 authorizing a 2.84 percent
53 cost of living adjustment, for the period
54 commencing on April 1, 2024 and ending
55 March 31, 2025 the commissioner shall not
56 apply any other cost of living adjustment
S. 7707 24
1 for the purpose of establishing rates of
2 payments, contracts or any other form of
3 reimbursement; provided that this shall
4 not prevent the commissioner from applying
5 prior adjustments for the purpose of
6 establishing rates resulting from a rebas-
7 ing of base year costs.
8 Notwithstanding section 6908 of the educa-
9 tion law and any other provision of law,
10 rule or regulation to the contrary, direct
11 support staff in programs certified or
12 approved by the office for people with
13 developmental disabilities, including the
14 home and community based services waiver
15 programs that the office for people with
16 developmental disabilities is authorized
17 to administer with federal approval pursu-
18 ant to subdivision (c) of section 1915 of
19 the federal social security act, are
20 authorized to provide such tasks as OPWDD
21 may specify when performed under the
22 supervision, training and periodic
23 inspection of a registered professional
24 nurse and in accordance with an authorized
25 practitioner's ordered care.
26 Notwithstanding any other provision of law
27 to the contrary, and consistent with
28 section 33.07 of the mental hygiene law,
29 the directors of facilities licensed but
30 not operated by the office for people with
31 developmental disabilities who act as
32 federally-appointed representative payees
33 and who assume management responsibility
34 over the funds of a resident may continue
35 to use such funds for the cost of the
36 resident's care and treatment, consistent
37 with federal law and regulations.
38 Funds appropriated herein shall be available
39 in accordance with the following:
40 Notwithstanding any inconsistent provision
41 of law, the director of the budget is
42 authorized to make suballocations from
43 this appropriation to the department of
44 health medical assistance program.
45 Notwithstanding any inconsistent provision
46 of law, and pursuant to criteria estab-
47 lished by the commissioner of the office
48 for people with developmental disabilities
49 and approved by the director of the budg-
50 et, expenditures may be made from this
51 appropriation for residential facilities
52 which are pending recertification as
53 intermediate care facilities for people
54 with developmental disabilities.
55 Notwithstanding the provisions of section
56 41.36 of the mental hygiene law and any
S. 7707 25
1 other inconsistent provision of law,
2 moneys from this appropriation may be used
3 for payment up to $250 per year per
4 client, at such times and in such manner
5 as determined by the commissioner on the
6 basis of financial need for the personal
7 needs of each client residing in voluntar-
8 y-operated community residences and volun-
9 tary-operated community residential alter-
10 natives, including individualized
11 residential alternatives under the home
12 and community based services waiver. The
13 commissioner shall, subject to the
14 approval of the director of the budget,
15 alter existing advance payment schedules
16 for voluntary-operated community resi-
17 dences established pursuant to section
18 41.36 of the mental hygiene law.
19 Notwithstanding any inconsistent provision
20 of law, moneys from this appropriation may
21 be used for the operation of clinics
22 licensed pursuant to article 16 of the
23 mental hygiene law including, but not
24 limited to, supportive and habilitative
25 services consistent with the home and
26 community based services waiver.
27 For the state share of medical assistance
28 services expenses incurred by the depart-
29 ment of health for the provision of
30 medical assistance services to people with
31 developmental disabilities (37835) ......... 369,352,000
32 For services and expenses of the community
33 services program, net of disallowances,
34 for community programs for people with
35 developmental disabilities pursuant to
36 article 41 of the mental hygiene law,
37 and/or chapter 620 of the laws of 1974,
38 chapter 660 of the laws of 1977, chapter
39 412 of the laws of 1981, chapter 27 of the
40 laws of 1987, chapter 729 of the laws of
41 1989, chapter 329 of the laws of 1993 and
42 other provisions of the mental hygiene
43 law. Notwithstanding any inconsistent
44 provision of law, the following appropri-
45 ation shall be net of prior and/or current
46 year refunds, rebates, reimbursements, and
47 credits.
48 Notwithstanding any other provision of law,
49 advances and reimbursement made pursuant
50 to subdivision (d) of section 41.15 and
51 section 41.18 of the mental hygiene law
52 shall be allocated pursuant to a plan and
53 in a manner prescribed by the agency head
54 and approved by the director of the budg-
55 et. The moneys hereby appropriated are
56 available to reimburse or advance locali-
S. 7707 26
1 ties and voluntary non-profit agencies for
2 expenditures made during local fiscal
3 periods commencing January 1, 2025, April
4 1, 2025 or July 1, 2025, and for advances
5 for the 3 month period beginning January
6 1, 2026.
7 Notwithstanding the provisions of article 41
8 of the mental hygiene law or any other
9 inconsistent provision of law, rule or
10 regulation, the commissioner, pursuant to
11 such contract and in the manner provided
12 therein, may pay all or a portion of the
13 expenses incurred by such voluntary agen-
14 cies arising out of loans which are funded
15 from the proceeds of bonds and notes
16 issued by the dormitory authority of the
17 state of New York.
18 Notwithstanding any other provision of law,
19 the money hereby appropriated may be
20 transferred to state operations and/or any
21 appropriation of the office for people
22 with developmental disabilities with the
23 approval of the director of the budget.
24 Notwithstanding any inconsistent provision
25 of law, moneys from this appropriation may
26 be used for state aid of up to 100 percent
27 of the net deficit costs of day training
28 programs and family support services.
29 Notwithstanding the provisions of section
30 16.23 of the mental hygiene law and any
31 other inconsistent provision of law, with
32 relation to the operation of certified
33 family care homes, including family care
34 homes sponsored by voluntary not-for-pro-
35 fit agencies, moneys from this appropri-
36 ation may be used for payments to purchase
37 general services including but not limited
38 to respite providers, up to a maximum of
39 14 days, at rates to be established by the
40 commissioner and approved by the director
41 of the budget in consideration of factors
42 including, but not limited to, geographic
43 area and number of clients cared for in
44 the home and for payment in an amount
45 determined by the commissioner for the
46 personal needs of each client residing in
47 the family care home.
48 Notwithstanding the provisions of subdivi-
49 sion 12 of section 8 of the state finance
50 law and any other inconsistent provision
51 of law, moneys from this appropriation may
52 be used for expenses of family care homes
53 including payments to operators of certi-
54 fied family care homes for damages caused
55 by clients to personal and real property
56 in accordance with standards established
S. 7707 27
1 by the commissioner and approved by the
2 director of the budget.
3 Notwithstanding any inconsistent provision
4 of law, moneys from this appropriation may
5 be used for appropriate day program
6 services and residential services includ-
7 ing, but not limited to, direct housing
8 subsidies to individuals, start-up
9 expenses for family care providers, envi-
10 ronmental modifications, adaptive technol-
11 ogies, appraisals, property options,
12 feasibility studies and preoperational
13 expenses.
14 Notwithstanding any inconsistent provision
15 of law except pursuant to a chapter of the
16 laws of 2024 authorizing a 2.84 percent
17 cost of living adjustment, for the period
18 commencing on April 1, 2024 and ending
19 March 31, 2025 the commissioner shall not
20 apply any other cost of living adjustment
21 for the purpose of establishing rates of
22 payments, contracts or any other form of
23 reimbursement; provided that this shall
24 not prevent the commissioner from applying
25 prior adjustments for the purpose of
26 establishing rates resulting from a rebas-
27 ing of base year costs.
28 Notwithstanding section 6908 of the educa-
29 tion law and any other provision of law,
30 rule or regulation to the contrary, direct
31 support staff in programs certified or
32 approved by the office for people with
33 developmental disabilities, including the
34 home and community based services waiver
35 programs that the office for people with
36 developmental disabilities is authorized
37 to administer with federal approval pursu-
38 ant to subdivision (c) of section 1915 of
39 the federal social security act, are
40 authorized to provide such tasks as OPWDD
41 may specify when performed under the
42 supervision, training and periodic
43 inspection of a registered professional
44 nurse and in accordance with an authorized
45 practitioner's ordered care.
46 Notwithstanding any other provision of law
47 to the contrary, and consistent with
48 section 33.07 of the mental hygiene law,
49 the directors of facilities licensed but
50 not operated by the office for people with
51 developmental disabilities who act as
52 federally-appointed representative payees
53 and who assume management responsibility
54 over the funds of a resident may continue
55 to use such funds for the cost of the
S. 7707 28
1 resident's care and treatment, consistent
2 with federal law and regulations.
3 Funds appropriated herein shall be available
4 in accordance with the following:
5 Notwithstanding any other provision of law
6 to the contrary, funds appropriated herein
7 are available to reimburse in- and out-of-
8 state private residential schools, pursu-
9 ant to subdivision (c) of section 13.37-a
10 and subdivision (g) of section 13.38 of
11 the mental hygiene law, for costs of
12 supporting the residential and day program
13 services available to individuals who are
14 over the age of 21 years of age, provided
15 that the amount paid for residential
16 services and/or maintenance costs is net
17 of any supplemental security income bene-
18 fit to which the individual receiving
19 services is eligible, and provided further
20 that funding for nonresidential services
21 will be in an amount not to exceed the
22 maximum reimbursement for appropriate day
23 services delivered by the office for
24 people with developmental disabilities
25 certified or approved providers other than
26 in- and out-of-state private residential
27 schools, unless otherwise authorized by
28 the director of the budget.
29 Notwithstanding section 163 of the state
30 finance law, section 142 of the economic
31 development law, and article 41 of the
32 mental hygiene law, the commissioner of
33 the office for people with developmental
34 disabilities may make the funds appropri-
35 ated herein available as state aid, a loan
36 or a grant, pursuant to terms and condi-
37 tions established by the commissioner of
38 the office for people with developmental
39 disabilities, to cover a portion of the
40 development costs of private, public
41 and/or non-profit organizations, including
42 corporations and partnerships established
43 pursuant to the private housing finance
44 law and/or any other statutory provisions,
45 for supportive housing units that have
46 been set aside for individuals with intel-
47 lectual and developmental disabilities.
48 Further, the office for people with develop-
49 mental disabilities shall have a lien on
50 the real property developed with such
51 state aid, loans or grants, which shall be
52 in the amount of the loan or grant, for a
53 maximum term of 30 years, or other longer
54 term consistent with the requirements of
55 another regulatory agency.
S. 7707 29
1 For services and expenses related to the
2 provision of residential services to
3 people with developmental disabilities
4 (37802) ..................... [30,287,000] 34,195,000
5 For services and expenses related to the
6 provision of day program services to
7 people with developmental disabilities
8 (37803) ...................... [7,440,000] 8,400,000
9 For services and expenses related to the
10 provision of family support services to
11 people with developmental disabilities
12 (37804) ...................... [8,370,000] 9,450,000
13 For services and expenses related to the
14 provision of workshop, day training and
15 employment services to people with devel-
16 opmental disabilities. Notwithstanding any
17 other provision of law, up to $800,000 of
18 this appropriation may be transferred to
19 the New York State Education Departments'
20 Adult Career and Continuing Education
21 Services - Vocational Rehabilitation
22 (ACCES-VR) program to support the Long-
23 Term Sheltered Employment program operated
24 by FEDCAP Rehabilitation Services, Inc.
25 (37805) ...................... [4,836,000] 5,460,000
26 For other services and expenses provided to
27 people with developmental disabilities
28 including but not limited to hepatitis B,
29 care at home waiver, epilepsy services,
30 Special Olympics New York, Inc. and volun-
31 tary fingerprinting (37806) .. [1,240,000] 1,400,000
32 --------------
33 § 8. Section 8 of chapter 113 of the laws of 2025, relating to making
34 appropriations for the support of government, as amended by chapter 124
35 of the laws of 2025, is amended to read as follows:
36 § 8. 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, 2025.
41 DEPARTMENT OF VETERANS' SERVICES
42 AID TO LOCALITIES
43 BLIND VETERAN ANNUITY ASSISTANCE PROGRAM ....................... 385,000
44 --------------
45 General Fund
46 Local Assistance Account - 10000
47 For payment of annuities to blind veterans
48 and eligible surviving spouses. Up to
49 $15,000 of this appropriation may be
50 transferred to state operations for admin-
S. 7707 30
1 istrative costs associated with this
2 program (54606) ................................ 385,000
3 VETERANS' BENEFITS ADVISING PROGRAM ............. [434,000] 490,000
4 --------------
5 Special Revenue Funds - Other
6 Homeless Veterans Assistance Fund
7 Homeless Veterans Assistance Account - 20204
8 For services and expenses related to home-
9 less veterans' housing (54815) .. [434,000] 490,000
10 § 9. No expenditure may be made from any appropriation in this act,
11 until a certificate of approval has been issued by the director of the
12 budget and a copy of such certificate shall have been filed with the
13 state comptroller, the chairman of the senate finance committee and the
14 chairman of the assembly ways and means committee provided, however,
15 that any expenditures from any appropriation in this act made by the
16 legislature or judiciary shall not require such certificate.
17 § 10. All expenditures and disbursements made against the appropri-
18 ations in this act shall, upon final action by the legislature on appro-
19 priation bills submitted by the governor pursuant to article VII of the
20 state constitution for the support of government for the state fiscal
21 year beginning April 1, 2025, be transferred by the comptroller as
22 expenditures and disbursements to such appropriations for all state
23 departments and agencies, as applicable, in amounts equal to the amounts
24 charged against the appropriations in this act for each such department,
25 agency, and the legislature and the judiciary.
26 § 11. Severability clause. If any clause, sentence, paragraph, subdi-
27 vision, section or part of this act shall be adjudged by any court of
28 competent jurisdiction to be invalid, such judgment shall not affect,
29 impair, or invalidate the remainder thereof, but shall be confined in
30 its operation to the clause, sentence, paragraph, subdivision, section
31 or part thereof directly involved in the controversy in which such judg-
32 ment shall have been rendered. It is hereby declared to be the intent of
33 the legislature that this act would have been enacted even if such
34 invalid provisions had not been included herein.
35 § 12. This act shall take effect immediately and shall be deemed to
36 have been in full force and effect on and after April 1, 2025; provided,
37 however, that upon the transfer of expenditures and disbursements by the
38 comptroller as provided in section ten of this act, the appropriations
39 made by this act and subject to such section shall be deemed repealed.
