STATE OF NEW YORK
________________________________________________________________________
7766
2025-2026 Regular Sessions
IN SENATE
May 6, 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 3 of chapter 113 of the laws of 2025, relating to making
9 appropriations for the support of government, as amended by chapter 125
10 of the laws of 2025, is amended to read as follows:
11 § 3. The amount specified in this section, or so much thereof as shall
12 be sufficient to accomplish the purpose designated, is hereby appropri-
13 ated and authorized to be paid as hereinafter provided, to the public
14 officers and for the purpose specified, which amount shall be available
15 for the state fiscal year beginning April 1, 2025.
16 ALL STATE DEPARTMENTS AND AGENCIES
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12012-01-5
S. 7766 2
1 For the payment of state operations non
2 personal service liabilities to the execu-
3 tive branch, including the comptroller,
4 and the attorney general, and legislature,
5 incurred in the ordinary course of busi-
6 ness, during the period April 1 through
7 May [6] 7, 2025, pursuant to existing
8 state law and for purposes for which the
9 legislature authorized the expenditure of
10 moneys during the 2024-2025 state fiscal
11 year; provided, however, that nothing
12 contained herein shall be deemed to limit
13 or restrict the power or authority of
14 state departments or agencies to conduct
15 their activities or operations in accord-
16 ance with existing law, and further
17 provided that nothing contained herein
18 shall be deemed to supersede, nullify or
19 modify the provisions of section 40 of the
20 state finance law prescribing when appro-
21 priations made for the 2024-2025 state
22 fiscal year shall have ceased to have
23 force and effect ............................ 34,000,000
24 --------------
25 § 3. Section 4 of chapter 113 of the laws of 2025, relating to making
26 appropriations for the support of government, as amended by chapter 124
27 of the laws of 2025, is amended to read as follows:
28 § 4. The amounts specified in this section, or so much thereof as
29 shall be sufficient to accomplish the purposes designated, is hereby
30 appropriated and authorized to be paid as hereinafter provided, to the
31 public officers and for the purposes specified, which amount shall be
32 available for the state fiscal year beginning April 1, 2025.
33 MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES
34 GENERAL STATE CHARGES
35 STATE OPERATIONS
36 GENERAL STATE CHARGES ....................... [595,945,000] 629,945,000
37 --------------
38 General Fund
39 State Purposes Account - 10050
40 For employee fringe benefits according to
41 the following project schedule including
42 those benefits which are related to
43 employees paid from funds, accounts, or
44 programs where the division of the budget
45 has issued waivers .......... [588,125,000] 622,125,000
46 Project Schedule
47 PROJECT AMOUNT
48 --------------------------------------------
S. 7766 3
1 For the state's contribution
2 to the health insurance fund
3 and deposit into the retiree
4 health benefit trust fund
5 pursuant to section 99-aa of
6 the state finance law. The
7 state's share of the health
8 insurance program dividends
9 shall be available to pay
10 for the premiums in 2025-26 .. 422,000,000
11 For the state's contribution
12 to the social security
13 contribution fund ..........
14 ............... [119,450,000] 153,450,000
15 For the state's contribution
16 to employee benefit fund
17 programs ...................... 37,500,000
18 For the state's contribution
19 to the dental insurance plan ... 6,000,000
20 For the state's share of
21 contributions to the volun-
22 tary defined contribution
23 plan made on behalf of
24 eligible employees pursuant
25 to chapter 18 of the laws of
26 2012 who elect to partic-
27 ipate in such plan and who
28 are not otherwise eligible
29 to participate in the SUNY
30 optional retirement program ..... 558,000
31 For the payment of the metro-
32 politan commuter transporta-
33 tion mobility tax pursuant
34 to article 23 of the tax
35 law, as added by chapter 25
36 of the laws of 2009, on
37 behalf of the state employ-
38 ees employed in the metro-
39 politan commuter transporta-
40 tion district .................. 2,600,000
41 For the state's contribution
42 to the vision care plan ........... 17,000
43 --------------
44 Project schedule total ...
45 ........... [588,125,000] 622,125,000
46 --------------
47 For payments in accordance with section 19-a
48 of the public lands law (80567) .............. 7,720,000
49 For payment of claims for damage to personal
50 or real property or for bodily injuries or
51 wrongful death caused by officers, employ-
52 ees, or other authorized persons providing
53 service to state government while provid-
54 ing such service, and the state university
55 construction fund while acting within the
S. 7766 4
1 scope of their employment, and while oper-
2 ating motor vehicles, and for any individ-
3 uals operating motor vehicles which are
4 assigned on a permanent basis with unre-
5 stricted use to state officers and employ-
6 ees when the person is permanently
7 assigned the motor vehicle (80559) ............. 100,000
8 --------------
9 § 4. Section 5 of chapter 118 of the laws of 2025, relating to making
10 appropriations for the support of government, as amended by chapter 125
11 of the laws of 2025, is amended to read as follows:
12 § 5. The amounts specified in this section, or so much thereof as
13 shall be sufficient to accomplish the purposes designated, is hereby
14 appropriated and authorized to be paid as hereinafter provided, to the
15 public officers and for the purposes specified, which amount shall be
16 available for the state fiscal year beginning April 1, 2025.
17 JUDICIARY
18 For the purpose of making payments for
19 personal service, including liabilities
20 incurred prior to April 1, 2025, on the
21 payrolls scheduled to be paid during the
22 period April 1 through May 7, 2025 to
23 officers and employees of the judiciary .... 265,000,000
24 For the payment of state operations nonper-
25 sonal service liabilities, the sum of
26 twenty-five million dollars ($25,000,000),
27 or so much thereof as shall be sufficient
28 to accomplish the purpose designated, is
29 hereby appropriated to the judiciary out
30 of any moneys in the general fund or other
31 funds to the credit of the state purposes
32 account not otherwise appropriated. The
33 comptroller is hereby authorized and
34 directed to utilize this appropriation for
35 the purpose of making payments for nonper-
36 sonal service liabilities incurred by the
37 judiciary from April 1 through May [6] 7,
38 2025 ........................................ 25,000,000
39 For the payment of aid to localities liabil-
40 ities, the sum of thirty million dollars
41 ($30,000,000), or so much thereof as shall
42 be sufficient to accomplish the purpose
43 designated, is hereby appropriated to the
44 judiciary out of any moneys in the general
45 fund or other funds to the credit of the
46 state purposes account not otherwise
47 appropriated. The comptroller is hereby
48 authorized and directed to utilize this
49 appropriation for the purpose of making
50 payments for aid to localities liabilities
51 incurred by the judiciary from April 1
52 through May [6] 7, 2025 ..................... 30,000,000
S. 7766 5
1 For the payment of employee fringe benefit
2 programs including, but not limited to,
3 the judiciary's contributions to the
4 health insurance fund, the employees'
5 retirement system pension accumulation
6 fund, the social security contribution
7 fund, employee benefit fund programs, the
8 dental insurance plan, the vision care
9 plan, the unemployment insurance fund, and
10 for workers' compensation benefits, the
11 sum of three hundred million dollars
12 ($300,000,000), or so much thereof as
13 shall be sufficient to accomplish the
14 purpose designated, is hereby appropriated
15 to the judiciary out of any moneys in the
16 general fund or other funds to the credit
17 of the state purposes account not other-
18 wise appropriated. The comptroller is
19 hereby authorized and directed to utilize
20 this appropriation for the purpose of
21 making payments for employee fringe bene-
22 fit liabilities incurred by the judiciary
23 from April 1 through May [6] 7, 2025 ....... 300,000,000
24 --------------
25 § 5. Section 5 of chapter 113 of the laws of 2025, relating to making
26 appropriations for the support of government, as amended by chapter 125
27 of the laws of 2025, is amended to read as follows:
28 § 5. The amounts specified in this section, or so much thereof as
29 shall be sufficient to accomplish the purposes designated, is hereby
30 appropriated and authorized to be paid as hereinafter provided, to the
31 public officers and for the purposes specified, which amount shall be
32 available for the state fiscal year beginning April 1, 2025.
33 DEPARTMENT OF HEALTH
34 AID TO LOCALITIES
35 CENTER FOR COMMUNITY HEALTH PROGRAM ......... [44,450,000] 47,660,000
36 --------------
37 General Fund
38 Local Assistance Account - 10000
39 For services and expenses related to the
40 Indian health program. The money hereby
41 appropriated shall be for payment of
42 financial assistance heretofore accrued or
43 hereafter to accrue (26840) .................. 7,000,000
44 --------------
45 Special Revenue Funds - Federal
46 Federal USDA-Food and Nutrition Services Fund
47 Federal Food and Nutrition Services Account - 25022
S. 7766 6
1 For various federal food and nutritional
2 services. The moneys hereby appropriated
3 shall be available for payment of finan-
4 cial assistance heretofore accrued (26986)
5 ............................. [37,450,000] 40,660,000
6 --------------
7 CHILD HEALTH INSURANCE PROGRAM ............................. 109,366,000
8 --------------
9 Special Revenue Funds - Other
10 HCRA Resources Fund
11 Children's Health Insurance Account - 20810
12 The money hereby appropriated is available
13 for payment of aid heretofore accrued or
14 hereafter accrued.
15 Notwithstanding any other provision of law,
16 the money hereby appropriated may be
17 increased or decreased by transfer or
18 suballocation to appropriations of the
19 office of temporary and disability assist-
20 ance, for the reimbursement of local
21 district administrative costs related to
22 children newly enrolled in medicaid whose
23 household income is between 100 percent
24 and 133 percent of the federal poverty
25 level.
26 Notwithstanding any provision of law to the
27 contrary, the amounts appropriated herein
28 shall be net of refunds, rebates,
29 reimbursements, credits, repayments,
30 and/or disallowances.
31 For services and expenses related to the
32 children's health insurance program
33 authorized pursuant to title 1-A of arti-
34 cle 25 of the public health law (26931) .... 109,366,000
35 --------------
36 ELDERLY PHARMACEUTICAL INSURANCE COVERAGE PROGRAM ............ 1,520,000
37 --------------
38 Special Revenue Funds - Other
39 HCRA Resources Fund
40 EPIC Premium Account - 20818
41 For services and expenses of the program for
42 elderly pharmaceutical insurance coverage,
43 including reimbursement to pharmacies
44 participating in such program.
45 The moneys hereby appropriated shall be
46 available for payment of financial assist-
47 ance heretofore accrued (26803) .............. 1,520,000
S. 7766 7
1 MEDICAL ASSISTANCE PROGRAM ............... [7,793,997,000] 8,652,436,000
2 --------------
3 General Fund
4 Local Assistance Account - 10000
5 For the medical assistance program, includ-
6 ing administrative expenses, for local
7 social services districts, and for medical
8 care rates for authorized child care agen-
9 cies.
10 Notwithstanding section 40 of the state
11 finance law or any provision of law to the
12 contrary, subject to federal approval,
13 department of health state funds medicaid
14 spending, excluding payments for 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 and further exclud-
20 ing any payments which are not appropri-
21 ated within the department of health, in
22 the aggregate, for the period April 1,
23 2025 through March 31, 2026, shall not
24 exceed $33,417,285,000 except as provided
25 below provided, however, such aggregate
26 limits may be adjusted by the director of
27 the budget to account for any changes in
28 the New York state federal medical assist-
29 ance percentage amount established pursu-
30 ant to the federal social security act,
31 increases in provider revenues, reductions
32 in local social services district payments
33 for medical assistance administration,
34 minimum wage increases, and beginning
35 April 1, 2012 the operational costs of the
36 New York state medical indemnity fund,
37 pursuant to chapter 59 of the laws of
38 2011, and state costs or savings from the
39 essential plan program. Such projections
40 may be adjusted by the director of the
41 budget to account for increased or expe-
42 dited department of health state funds
43 medicaid expenditures as a result of a
44 natural or other type of disaster, includ-
45 ing a governmental declaration of emergen-
46 cy.
47 The director of the budget, in consultation
48 with the commissioner of health, shall
49 assess on a quarterly basis known and
50 projected medicaid expenditures by catego-
51 ry of service and by geographic region, as
52 defined by the commissioner, incurred both
53 prior to and subsequent to such assessment
54 for each such period, and if the director
S. 7766 8
1 of the budget determines that such expend-
2 itures are expected to cause medicaid
3 spending for such period to exceed the
4 aggregate limit specified herein for such
5 period, the state medicaid director, in
6 consultation with the director of the
7 budget and the commissioner of health,
8 shall develop a medicaid savings allo-
9 cation adjustment to limit such spending
10 to the aggregate limit specified herein
11 for such period.
12 Such medicaid savings allocation adjustment
13 shall be designed, to reduce the expendi-
14 tures authorized by the appropriations
15 herein in compliance with the following
16 guidelines: (1) reductions shall be made
17 in compliance with applicable federal law,
18 including the provisions of the Patient
19 Protection and Affordable Care Act, Public
20 Law No. 111-148, and the Health Care and
21 Education Reconciliation Act of 2010,
22 Public Law No. 111-152 (collectively
23 "Affordable Care Act") and any subsequent
24 amendments thereto or regulations promul-
25 gated thereunder; (2) reductions shall be
26 made in a manner that complies with the
27 state medicaid plan approved by the feder-
28 al centers for medicare and medicaid
29 services, provided, however, that the
30 commissioner of health is authorized to
31 submit any state plan amendment or seek
32 other federal approval, including waiver
33 authority, to implement the provisions of
34 the medicaid savings allocation adjustment
35 that meets the other criteria set forth
36 herein; (3) reductions shall be made in a
37 manner that maximizes federal financial
38 participation, to the extent practicable,
39 including any federal financial partic-
40 ipation that is available or is reasonably
41 expected to become available, in the
42 discretion of the commissioner, under the
43 Affordable Care Act; (4) reductions shall
44 be made uniformly among categories of
45 services and geographic regions of the
46 state, to the extent practicable, and
47 shall be made uniformly within a category
48 of service, to the extent practicable,
49 except where the commissioner determines
50 that there are sufficient grounds for
51 non-uniformity, including but not limited
52 to: the extent to which specific catego-
53 ries of services contributed to department
54 of health medicaid state funds spending in
55 excess of the limits specified herein; the
56 need to maintain safety net services in
S. 7766 9
1 underserved communities; or the potential
2 benefits of pursuing innovative payment
3 models contemplated by the Affordable Care
4 Act, in which case such grounds shall be
5 set forth in the medicaid savings allo-
6 cation adjustment; and (5) reductions
7 shall be made in a manner that does not
8 unnecessarily create administrative
9 burdens to medicaid applicants and recipi-
10 ents or providers.
11 The commissioner shall seek the input of the
12 legislature, as well as organizations
13 representing health care providers,
14 consumers, businesses, workers, health
15 insurers, and others with relevant exper-
16 tise, in developing such medicaid savings
17 allocation adjustment, to the extent that
18 all or part of such adjustment, in the
19 discretion of the commissioner, is likely
20 to have a material impact on the overall
21 medicaid program, particular categories of
22 service or particular geographic regions
23 of the state.
24 (a) The commissioner shall post the medicaid
25 savings allocation adjustment on the
26 department of health's website and shall
27 provide written copies of such adjustment
28 to the chairs of the senate finance and
29 the assembly ways and means committees at
30 least 30 days before the date on which
31 implementation is expected to begin.
32 (b) The commissioner may revise the medicaid
33 savings allocation adjustment subsequent
34 to the provisions of notice and prior to
35 implementation but needs to provide a new
36 notice pursuant to subparagraph (i) of
37 this paragraph only if the commissioner
38 determines, in his or her discretion, that
39 such revisions materially alter the
40 adjustment.
41 Notwithstanding the provisions of paragraphs
42 (a) and (b) of this subdivision, the
43 commissioner need not seek the input
44 described in paragraph (a) of this subdi-
45 vision or provide notice pursuant to para-
46 graph (b) of this subdivision if, in the
47 discretion of the commissioner, expedited
48 development and implementation of a medi-
49 caid savings allocation adjustment is
50 necessary due to a public health emergen-
51 cy.
52 For purposes of this section, a public
53 health emergency is defined as: (i) a
54 disaster, natural or otherwise, that
55 significantly increases the immediate need
56 for health care personnel in an area of
S. 7766 10
1 the state; (ii) an event or condition that
2 creates a widespread risk of exposure to a
3 serious communicable disease, or the
4 potential for such widespread risk of
5 exposure; or (iii) any other event or
6 condition determined by the commissioner
7 to constitute an imminent threat to public
8 health.
9 Nothing in this paragraph shall be deemed to
10 prevent all or part of such medicaid
11 savings allocation adjustment from taking
12 effect retroactively to the extent permit-
13 ted by the federal centers for medicare
14 and medicaid services.
15 In accordance with the medicaid savings
16 allocation adjustment, the commissioner of
17 the department of health shall reduce
18 department of health state funds medicaid
19 spending by the amount of the projected
20 overspending through, actions including,
21 but not limited to modifying or suspending
22 reimbursement methods, including but not
23 limited to all fees, premium levels and
24 rates of payment, notwithstanding any
25 provision of law that sets a specific
26 amount or methodology for any such
27 payments or rates of payment; modifying or
28 discontinuing medicaid program benefits;
29 seeking all necessary federal approvals,
30 including, but not limited to waivers,
31 waiver amendments; and suspending time
32 frames for notice, approval or certif-
33 ication of rate requirements, notwith-
34 standing any provision of law, rule or
35 regulation to the contrary, including but
36 not limited to sections 2807 and 3614 of
37 the public health law, section 18 of chap-
38 ter 2 of the laws of 1988, and 18 NYCRR
39 505.14(h).
40 The department of health shall prepare a
41 quarterly report that sets forth: (a)
42 known and projected department of health
43 medicaid expenditures as described in
44 subdivision (1) of this section, and
45 factors that could result in medicaid
46 disbursements for the relevant state
47 fiscal year to exceed the projected
48 department of health state funds disburse-
49 ments in the enacted budget financial plan
50 pursuant to subdivision 3 of section 23 of
51 the state finance law, including spending
52 increases or decreases due to: enrollment
53 fluctuations, rate changes, utilization
54 changes, MRT investments, and shift of
55 beneficiaries to managed care; and vari-
56 ations in offline medicaid payments; and
S. 7766 11
1 (b) the actions taken to implement any
2 medicaid savings allocation adjustment
3 implemented pursuant to subdivision (4) of
4 this section, including information
5 concerning the impact of such actions on
6 each category of service and each
7 geographic region of the state. Each such
8 quarterly report shall be provided to the
9 chairs of the senate finance and the
10 assembly ways and means committees and
11 shall be posted on the department of
12 health's website in a timely manner.
13 The money hereby appropriated is to be
14 available for payment of aid heretofore
15 accrued or hereafter accrued to munici-
16 palities, and to providers of medical
17 services pursuant to section 367-b of the
18 social services law, and for payment of
19 state aid to municipalities and to provid-
20 ers of family care where payment systems
21 through the fiscal intermediaries are not
22 operational.
23 Notwithstanding any inconsistent provision
24 of law to the contrary, funds may be used
25 by the department for outside legal
26 assistance on issues involving the federal
27 government, the conduct of preadmission
28 screening and annual resident reviews
29 required by the state's medicaid program,
30 computer matching with insurance carriers
31 to insure that medicaid is the payer of
32 last resort and activities related to the
33 management of the pharmacy benefit avail-
34 able under the medicaid program.
35 Notwithstanding any inconsistent provision
36 of law, in lieu of payments authorized by
37 the social services law, or payments of
38 federal funds otherwise due to the local
39 social services districts for programs
40 provided under the federal social security
41 act or the federal food stamp act, funds
42 herein appropriated, in amounts certified
43 by the state commissioner of temporary and
44 disability assistance or the state commis-
45 sioner of health as due from local social
46 services districts each month as their
47 share of payments made pursuant to section
48 367-b of the social services law may be
49 set aside by the state comptroller in an
50 interest-bearing account in order to
51 ensure the orderly and prompt payment of
52 providers under section 367-b of the
53 social services law pursuant to an esti-
54 mate provided by the commissioner of
55 health of each local social services
56 district's share of payments made pursuant
S. 7766 12
1 to section 367-b of the social services
2 law.
3 Notwithstanding any inconsistent provision
4 of law, funding made available by these
5 appropriations shall support direct salary
6 costs and related fringe benefits within
7 the medical assistance program associated
8 with any minimum wage increase that takes
9 effect during the timeframe of these
10 appropriations, pursuant to section 652 of
11 the labor law. Each eligible organization
12 in receipt of funding made available by
13 these appropriations may be required to
14 submit written certification, in such form
15 and at such time the commissioner may
16 prescribe, attesting to the total amount
17 of funds used by the eligible organiza-
18 tion, how such funding will be or was used
19 for purposes eligible under these appro-
20 priations and any other reporting deemed
21 necessary by the commissioner. The amounts
22 appropriated herein may include advances
23 to organizations authorized to receive
24 such funds to accomplish this purpose.
25 Notwithstanding any other provision of law,
26 the money hereby appropriated may be
27 increased or decreased by interchange or
28 transfer, with any appropriation of the
29 department of health and the office of
30 medicaid inspector general and may be
31 increased or decreased by transfer or
32 suballocation between these appropriated
33 amounts and appropriations of the depart-
34 ment of health state purpose account, the
35 office of mental health, office for people
36 with developmental disabilities, the
37 office of addiction services and supports,
38 the department of family assistance office
39 of temporary and disability assistance,
40 the department of corrections and communi-
41 ty supervision, the office of information
42 technology services, the state university
43 of New York, and office of children and
44 family services, the office of medicaid
45 inspector general, the state education
46 department, and the state office for the
47 aging with the approval of the director of
48 the budget, who shall file such approval
49 with the department of audit and control
50 and copies thereof with the chairman of
51 the senate finance committee and the
52 chairman of the assembly ways and means
53 committee.
54 Notwithstanding any inconsistent provision
55 of law to the contrary, the moneys hereby
56 appropriated may be used for payments to
S. 7766 13
1 the centers for medicaid and medicare
2 services for obligations incurred related
3 to the pharmaceutical costs of dually
4 eligible medicare/medicaid beneficiaries
5 participating in the medicare drug benefit
6 authorized by P.L. 108-173.
7 Notwithstanding any inconsistent provision
8 of law, the moneys hereby appropriated
9 shall not be used for any existing rates,
10 fees, fee schedule, or procedures which
11 may affect the cost of care and services
12 provided by personal care providers, case
13 managers, health maintenance organiza-
14 tions, out of state medical facilities
15 which provide care and services to resi-
16 dents of the state, providers of transpor-
17 tation services, that are altered,
18 amended, adjusted or otherwise changed by
19 a local social services district unless
20 previously approved by the department of
21 health and the director of the budget.
22 Notwithstanding any inconsistent provision
23 of law to the contrary, funds shall be
24 made available to the commissioner of the
25 office of mental health or the commission-
26 er of the office of addiction services and
27 supports, in consultation with the commis-
28 sioner of health and approved by the
29 director of the budget, and consistent
30 with appropriations made therefor, to
31 implement allocation adjustment developed
32 by each such commissioner which shall
33 describe mental health or substance use
34 disorder services that should be developed
35 to meet service needs resulting from the
36 reduction of inpatient behavioral health
37 services provided under the medicaid
38 program, by programs licensed pursuant to
39 article 31 or 32 of the mental hygiene
40 law. Such programs may include programs
41 that are licensed pursuant to both article
42 31 of the mental hygiene law and article
43 28 of the public health law, or certified
44 under both article 32 of the mental
45 hygiene law and article 28 of the public
46 health law.
47 Notwithstanding any inconsistent provision
48 of law, the moneys hereby appropriated may
49 be available for payments associated with
50 the resolution by settlement agreement or
51 judgment of rate appeals and/or litigation
52 where the department of health is a party.
53 For services and expenses of the medical
54 assistance program including hospital
55 inpatient services and general hospitals
56 that are safety-net providers that evince
S. 7766 14
1 severe financial distress, pursuant to
2 criteria determined by the commissioner,
3 shall be eligible for awards for amounts
4 appropriated herein, to enable such
5 providers to maintain operations and vital
6 services while establishing long term
7 solutions to achieve sustainable health
8 services.
9 Notwithstanding any inconsistent provisions
10 of law, no expenditures shall be used for
11 the medical assistance program for any
12 expenses not explicitly authorized in law
13 without the approval of the director of
14 the budget.
15 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 (26947) ....................... 121,200,000
24 For services and expenses of the medical
25 assistance program including hospital
26 outpatient and emergency room 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 (26948) ........................ 31,296,000
36 For services and expenses of the medical
37 assistance program including clinic
38 services.
39 Notwithstanding any provision of law to the
40 contrary, the portion of this appropri-
41 ation covering fiscal year 2025-26 shall
42 supersede and replace any duplicative (i)
43 reappropriation for this item covering
44 fiscal year 2025-26, and (ii) appropri-
45 ation for this item covering fiscal year
46 2025-26 set forth in chapter 53 of the
47 laws of 2024 (26949) ........................ 57,078,000
48 For services and expenses of the medical
49 assistance program including nursing home
50 services.
51 Notwithstanding any provision of law to the
52 contrary, the portion of this appropri-
53 ation covering fiscal year 2025-26 shall
54 supersede and replace any duplicative (i)
55 reappropriation for this item covering
S. 7766 15
1 fiscal year 2025-26, and (ii) appropri-
2 ation for this item covering fiscal year
3 2025-26 set forth in chapter 53 of the
4 laws of 2024 (26950) ....................... 152,808,000
5 For services and expenses of the medical
6 assistance program including other long
7 term care services.
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 (26951) ....................... 774,279,000
17 For services and expenses of the medical
18 assistance program including managed care
19 services including regional planning
20 activities of the finger lakes health
21 systems agency, including statewide coor-
22 dination and demonstration of best prac-
23 tices. The department shall make grants
24 within amounts appropriated therefor, to
25 assure high-quality and accessible primary
26 care, to provide technical assistance to
27 support financial and business planning
28 for integrated systems of care, and to
29 assist primary care providers in the
30 adoption, implementation, and meaningful
31 use of electronic health record technolo-
32 gy.
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 (26952) ....................... 477,739,000
42 For services and expenses for health homes
43 including grants to health homes.
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 (29548) ........................ 18,096,000
53 For services and expenses of the medical
54 assistance program including pharmacy
55 services provided, however, that no funds
56 shall be made available pursuant to this
S. 7766 16
1 appropriation for any drug not explicitly
2 authorized in any enacted law, rule, or
3 regulation without approval from the
4 director of the budget.
5 Notwithstanding any provision of law to the
6 contrary, the portion of this appropri-
7 ation covering fiscal year 2025-26 shall
8 supersede and replace any duplicative (i)
9 reappropriation for this item covering
10 fiscal year 2025-26, and (ii) appropri-
11 ation for this item covering fiscal year
12 2025-26 set forth in chapter 53 of the
13 laws of 2024 (26953) ....................... 290,856,000
14 For services and expenses of the medical
15 assistance program including transporta-
16 tion services.
17 Notwithstanding any provision of law to the
18 contrary, the portion of this appropri-
19 ation covering fiscal year 2025-26 shall
20 supersede and replace any duplicative (i)
21 reappropriation for this item covering
22 fiscal year 2025-26, and (ii) appropri-
23 ation for this item covering fiscal year
24 2025-26 set forth in chapter 53 of the
25 laws of 2024 (26954) ........................ 43,032,000
26 For services and expenses of the medical
27 assistance program including dental
28 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 (26955) ........................... 492,000
38 For services and expenses of the medical
39 assistance program including non-institu-
40 tional and other spending.
41 The money hereby appropriated is available
42 for payment of liabilities heretofore
43 accrued or hereafter accrued.
44 Notwithstanding any inconsistent provision
45 of law, the money hereby appropriated may
46 be available for payments to any county or
47 public school districts associated with
48 additional claims for school supportive
49 health services.
50 Notwithstanding any provision of law to the
51 contrary, the portion of this appropri-
52 ation covering fiscal year 2025-26 shall
53 supersede and replace any duplicative (i)
54 reappropriation for this item covering
55 fiscal year 2025-26, and (ii) appropri-
56 ation for this item covering fiscal year
S. 7766 17
1 2025-26 set forth in chapter 53 of the
2 laws of 2024 (26956) ....................... 118,812,000
3 For services and expenses of the medical
4 assistance program including medical
5 services provided at state facilities
6 operated by the office of mental health,
7 the office for people with developmental
8 disabilities and the office of addiction
9 services and supports.
10 Notwithstanding any provision of law to the
11 contrary, the portion of this appropri-
12 ation covering fiscal year 2025-26 shall
13 supersede and replace any duplicative (i)
14 reappropriation for this item covering
15 fiscal year 2025-26, and (ii) appropri-
16 ation for this item covering fiscal year
17 2025-26 set forth in chapter 53 of the
18 laws of 2024 (26961) ........ [417,000,000] 500,400,000
19 --------------
20 Special Revenue Funds - Federal
21 Federal Health and Human Services Fund
22 Medicaid Direct Account - 25106
23 For services and expenses for the medical
24 assistance program, including administra-
25 tive expenses for local social services
26 districts, pursuant to title XIX of the
27 federal social security act or its succes-
28 sor program.
29 The moneys hereby appropriated are to be
30 available for payment of aid heretofore
31 accrued or hereafter accrued to munici-
32 palities, and to providers of medical
33 services pursuant to section 367-b of the
34 social services law, and for payment of
35 state aid to municipalities and to provid-
36 ers of family care where payment systems
37 through the fiscal intermediaries are not
38 operational.
39 Notwithstanding any inconsistent provision
40 of law, funding made available by these
41 appropriations shall support direct salary
42 costs and related fringe benefits within
43 the medical assistance program associated
44 with any minimum wage increase that takes
45 effect during the timeframe of these
46 appropriations, pursuant to section 652 of
47 the labor law. Each eligible organization
48 in receipt of funding made available by
49 these appropriations may be required to
50 submit written certification, in such form
51 and at such time the commissioner may
52 prescribe, attesting to the total amount
53 of funds used by the eligible organiza-
54 tion, how such funding will be or was used
S. 7766 18
1 for purposes eligible under these appro-
2 priations and any other reporting deemed
3 necessary by the commissioner. The amounts
4 appropriated herein may include advances
5 to organizations authorized to receive
6 such funds to accomplish this purpose.
7 Notwithstanding any other provision of law,
8 the money hereby appropriated may be
9 increased or decreased by interchange or
10 transfer, with any appropriation of the
11 department of health and the office of
12 medicaid inspector general and may be
13 increased or decreased by transfer or
14 suballocation between these appropriated
15 amounts and appropriations of the office
16 of mental health, office for people with
17 developmental disabilities, the office of
18 addiction services and supports, the
19 department of family assistance office of
20 temporary and disability assistance,
21 office of children and family services,
22 the department of financial services,
23 department of corrections and community
24 supervision, the office of information
25 technology services, the state university
26 of New York, the state education depart-
27 ment, and the state office for the aging
28 with the approval of the director of the
29 budget, who shall file such approval with
30 the department of audit and control and
31 copies thereof with the chairman of the
32 senate finance committee and the chairman
33 of the assembly ways and means committee.
34 Notwithstanding any inconsistent provision
35 of law, in lieu of payments authorized by
36 the social services law, or payments of
37 federal funds otherwise due to the local
38 social services districts for programs
39 provided under the federal social security
40 act or the federal food stamp act, funds
41 herein appropriated, in amounts certified
42 by the state commissioner of temporary and
43 disability assistance or the state commis-
44 sioner of health as due from local social
45 services districts each month as their
46 share of payments made pursuant to section
47 367-b of the social services law may be
48 set aside by the state comptroller in an
49 interest-bearing account in order to
50 ensure the orderly and prompt payment of
51 providers under section 367-b of the
52 social services law pursuant to an esti-
53 mate provided by the commissioner of
54 health of each local social services
55 district's share of payments made pursuant
S. 7766 19
1 to section 367-b of the social services
2 law.
3 Notwithstanding any inconsistent provision
4 of law to the contrary, funds shall be
5 made available to the commissioner of the
6 office of mental health or the commission-
7 er of the office of addiction services and
8 supports, in consultation with the commis-
9 sioner of health and approved by the
10 director of the budget, and consistent
11 with appropriations made therefor, to
12 implement allocation adjustment developed
13 by each such commissioner which shall
14 describe mental health or substance use
15 disorder services that should be developed
16 to meet service needs resulting from the
17 reduction of inpatient behavioral health
18 services provided under the medicaid
19 program, by programs licensed pursuant to
20 article 31 or 32 of the mental hygiene
21 law. Such programs may include programs
22 that are licensed pursuant to both article
23 31 of the mental hygiene law and article
24 28 of the public health law, or certified
25 under both article 32 of the mental
26 hygiene law and article 28 of the public
27 health law.
28 Notwithstanding any inconsistent provision
29 of law, the moneys hereby appropriated may
30 be available for payments associated with
31 the resolution by settlement agreement or
32 judgment of rate appeals and/or litigation
33 where the department of health is a party.
34 Notwithstanding any inconsistent
35 provisions of law, no expenditures shall
36 be used for the medical assistance program
37 for any expenses not explicitly authorized
38 in law without the approval of the direc-
39 tor of the budget.
40 For services and expenses of the medical
41 assistance program including hospital
42 inpatient services.
43 Notwithstanding any provision of law to the
44 contrary, the portion of this appropri-
45 ation covering fiscal year 2025-26 shall
46 supersede and replace any duplicative (i)
47 reappropriation for this item covering
48 fiscal year 2025-26, and (ii) appropri-
49 ation for this item covering fiscal year
50 2025-26 set forth in chapter 53 of the
51 laws of 2024 (26947) ........ [289,070,000] 346,884,000
52 For services and expenses of the medical
53 assistance program including hospital
54 outpatient and emergency room services.
55 Notwithstanding any provision of law to the
56 contrary, the portion of this appropri-
S. 7766 20
1 ation covering fiscal year 2025-26 shall
2 supersede and replace any duplicative (i)
3 reappropriation for this item covering
4 fiscal year 2025-26, and (ii) appropri-
5 ation for this item covering fiscal year
6 2025-26 set forth in chapter 53 of the
7 laws of 2024 (26948) ......... [51,860,000] 62,232,000
8 For services and expenses of the medical
9 assistance program including clinic
10 services.
11 Notwithstanding any provision of law to the
12 contrary, the portion of this appropri-
13 ation covering fiscal year 2025-26 shall
14 supersede and replace any duplicative (i)
15 reappropriation for this item covering
16 fiscal year 2025-26, and (ii) appropri-
17 ation for this item covering fiscal year
18 2025-26 set forth in chapter 53 of the
19 laws of 2024 (26949) ......... [84,835,000] 101,802,000
20 For services and expenses of the medical
21 assistance program including nursing home
22 services.
23 Notwithstanding any provision of law to the
24 contrary, the portion of this appropri-
25 ation covering fiscal year 2025-26 shall
26 supersede and replace any duplicative (i)
27 reappropriation for this item covering
28 fiscal year 2025-26, and (ii) appropri-
29 ation for this item covering fiscal year
30 2025-26 set forth in chapter 53 of the
31 laws of 2024 (26950) ........ [396,795,000] 476,154,000
32 For services and expenses of the medical
33 assistance program including other long
34 term care services.
35 Notwithstanding any provision of law to the
36 contrary, the portion of this appropri-
37 ation covering fiscal year 2025-26 shall
38 supersede and replace any duplicative (i)
39 reappropriation for this item covering
40 fiscal year 2025-26, and (ii) appropri-
41 ation for this item covering fiscal year
42 2025-26 set forth in chapter 53 of the
43 laws of 2024 (26951) ..... [1,323,939,000] 1,456,333,000
44 For services and expenses of the medical
45 assistance program including managed care
46 services including regional planning
47 activities of the finger lakes health
48 systems agency, including statewide coor-
49 dination and demonstration of best prac-
50 tices. The department shall make grants
51 within amounts appropriated therefor, to
52 assure high-quality and accessible primary
53 care, to provide technical assistance to
54 support financial and business planning
55 for integrated systems of care, and to
56 assist primary care providers in the
S. 7766 21
1 adoption, implementation, and meaningful
2 use of electronic health record technolo-
3 gy.
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 (26952) ..... [1,508,290,000] 1,659,119,000
13 For services and expenses of the medical
14 assistance program including pharmacy
15 services, provided, however, that no funds
16 shall be made available pursuant to this
17 appropriation for any drug not explicitly
18 authorized in any heretofore enacted law,
19 rule, or regulation without approval from
20 the director of the budget.
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 (26953) ........ [463,080,000] 555,696,000
30 For services and expenses of the medical
31 assistance program including transporta-
32 tion 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 (26954) ......... [61,175,000] 73,410,000
42 For services and expenses of the medical
43 assistance program including dental
44 services.
45 Notwithstanding any provision of law to the
46 contrary, the portion of this appropri-
47 ation covering fiscal year 2025-26 shall
48 supersede and replace any duplicative (i)
49 reappropriation for this item covering
50 fiscal year 2025-26, and (ii) appropri-
51 ation for this item covering fiscal year
52 2025-26 set forth in chapter 53 of the
53 laws of 2024 (26955) .......... [7,110,000] 8,532,000
54 For services and expenses of the medical
55 assistance program including noninstitu-
56 tional and other spending.
S. 7766 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) ........ [688,155,000] 825,786,000
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) ........ [417,000,000] 500,400,000
29 --------------
30 § 6. Section 6 of chapter 113 of the laws of 2025, relating to making
31 appropriations for the support of government, as amended by chapter 125
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 .... [975,000,000] 1,140,000,000
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. 7766 23
1 extended benefit program, the federal
2 additional compensation program or any
3 other federally funded unemployment bene-
4 fit program (34787) ........ [975,000,000] 1,140,000,000
5 § 7. Section 11 of chapter 119 of the laws of 2025, relating to making
6 appropriations for the support of government, as amended by chapter 125
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 ................. [428,257,000] 433,306,000
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. 7766 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. 7766 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. 7766 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. 7766 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. 7766 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. 7766 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. 7766 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) ..................... [34,195,000] 37,126,000
17 For services and expenses related to the
18 provision of day program services to
19 people with developmental disabilities
20 (37803) ...................... [8,400,000] 9,120,000
21 For services and expenses related to the
22 provision of family support services to
23 people with developmental disabilities
24 (37804) ...................... [9,450,000] 10,260,000
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) ...................... [5,460,000] 5,928,000
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) .. [1,400,000] 1,520,000
44 --------------
45 § 8. Section 8 of chapter 113 of the laws of 2025, relating to making
46 appropriations for the support of government, as amended by chapter 125
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. 7766 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 ............. [490,000] 532,000
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) .. [490,000] 532,000
20 § 9. 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 § 10. 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 § 11. 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. 7766 32
1 § 12. 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 ten of this act, the appropriations
5 made by this act and subject to such section shall be deemed repealed.
