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S09630 Summary:

BILL NOS09630
 
SAME ASSAME AS A10760
 
SPONSORKRUEGER
 
COSPNSR
 
MLTSPNSR
 
 
Provides for emergency appropriation through April 7, 2026 for the support of government.
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S09630 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9630
 
                    IN SENATE
 
                                     March 30, 2026
                                       ___________
 
        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; and provid-
          ing for the repeal of such provisions upon expiration thereof
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Legislative  intent.  The  legislature  hereby  finds and
     2  declares that the enactment of these appropriations provides  sufficient
     3  authority  to the comptroller for the purpose of making payments for the
     4  purposes described herein until such time as appropriation bills submit-
     5  ted by the governor pursuant to article VII of  the  state  constitution
     6  for  the support of government for the state fiscal year beginning April
     7  1, 2026 are enacted.
     8    § 2. 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 purpose specified, which amount shall be
    12  available for the state fiscal year beginning April 1, 2026.

    13                     ALL STATE DEPARTMENTS AND AGENCIES
 
    14  For  the  purpose  of  making  payments  for
    15    personal  service,  including  liabilities
    16    incurred prior to April 1,  2026,  on  the
    17    payrolls  scheduled  to be paid during the
    18    period April 1 through April  7,  2026  to
    19    state officers and employees of the execu-
    20    tive   branch.   This  appropriation  also
    21    includes payments for  services  performed
    22    by  mentally  ill or developmentally disa-
    23    bled persons who are employed in state-op-
    24    erated special employment, work-for-pay or
    25    sheltered workshop programs ................ 247,904,000
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12026-01-6

        S. 9630                             2
 
     1                                              --------------
 
     2    § 3. The amount specified in this section, or so much thereof as shall
     3  be  sufficient to accomplish the purpose designated, is hereby appropri-
     4  ated and authorized to be paid as hereinafter provided,  to  the  public
     5  officers  and for the purpose specified, which amount shall be available
     6  for the state fiscal year beginning April 1, 2026.
 
     7                     ALL STATE DEPARTMENTS AND AGENCIES
 
     8  For the  payment  of  state  operations  non
     9    personal service liabilities to the execu-
    10    tive  branch,  including  the comptroller,
    11    and the attorney general, incurred in  the
    12    ordinary  course  of  business, during the
    13    period April  1  through  April  7,  2026,
    14    pursuant  to  existing  state  law and for
    15    purposes for which the legislature author-
    16    ized the expenditure of moneys during  the
    17    2025-2026  state  fiscal  year;  provided,
    18    however,  that  nothing  contained  herein
    19    shall  be  deemed to limit or restrict the
    20    power or authority of state departments or
    21    agencies to conduct  their  activities  or
    22    operations  in  accordance  with  existing
    23    law, and  further  provided  that  nothing
    24    contained herein shall be deemed to super-
    25    sede,  nullify or modify the provisions of
    26    section  40  of  the  state  finance   law
    27    prescribing  when  appropriations made for
    28    the 2025-2026 state fiscal year shall have
    29    ceased to have force and effect ............. 10,000,000
    30                                              --------------
 
    31    § 4. The amounts specified in this section,  or  so  much  thereof  as
    32  shall  be  sufficient  to  accomplish the purposes designated, is hereby
    33  appropriated and authorized to be paid as hereinafter provided,  to  the
    34  public  officers  and  for the purposes specified, which amount shall be
    35  available for the state fiscal year beginning April 1, 2026.
 
    36             MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES
 
    37                            GENERAL STATE CHARGES
 
    38                              STATE OPERATIONS
    39  GENERAL STATE CHARGES ......................................  22,525,000
    40                                                            --------------
 
    41    General Fund
    42    State Purposes Account - 10050
 
    43  For employee fringe  benefits  according  to
    44    the  following  project schedule including
    45    those  benefits  which  are   related   to
    46    employees  paid  from  funds, accounts, or

        S. 9630                             3
 
     1    programs where the division of the  budget
     2    has issued waivers .......................... 22,525,000
 
     3                Project Schedule
     4  PROJECT                               AMOUNT
     5  --------------------------------------------
     6  For  the  state's contribution
     7    to   the   social   security
     8    contribution fund ............. 21,500,000
     9  For  the payment of the metro-
    10    politan commuter transporta-
    11    tion mobility  tax  pursuant
    12    to  article  23  of  the tax
    13    law, as added by chapter  25
    14    of  the  laws  of  2009,  on
    15    behalf of the state  employ-
    16    ees  employed  in the metro-
    17    politan commuter transporta-
    18    tion district .................... 675,000
    19  For  the  state's   share   of
    20    contributions  to the volun-
    21    tary  defined   contribution
    22    plan   made   on  behalf  of
    23    eligible employees  pursuant
    24    to chapter 18 of the laws of
    25    2012  who  elect  to partic-
    26    ipate in such plan  and  who
    27    are  not  otherwise eligible
    28    to participate in  the  SUNY
    29    optional retirement program ...... 350,000
    30                                --------------
    31       Project schedule total ....  22,525,000
    32                                --------------
    33    §  5.  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, 2026.
 
    38                            DEPARTMENT OF HEALTH
 
    39                              AID TO LOCALITIES

    40  CENTER FOR COMMUNITY HEALTH PROGRAM .......................... 6,420,000
    41                                                            --------------
 
    42    Special Revenue Funds - Federal
    43    Federal USDA-Food and Nutrition Services Fund
    44    Federal Food and Nutrition Services Account - 25022
 
    45  For  various  federal  food  and nutritional
    46    services. The moneys  hereby  appropriated
    47    shall  be  available for payment of finan-
    48    cial assistance heretofore accrued (26986) ... 6,420,000
    49                                              --------------

        S. 9630                             4
 
     1  MEDICAL ASSISTANCE PROGRAM ................................. 609,931,000
     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    2026  through  March  31,  2027, shall not
    24    exceed $36,099,200,000 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. 9630                             5
 
     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. 9630                             6
 
     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. 9630                             7
 
     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. 9630                             8
 
     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. 9630                             9
 
     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. 9630                            10
 
     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. 9630                            11
 
     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 2026-27 shall
    18    supersede and replace any duplicative  (i)
    19    reappropriation  for  this  item  covering
    20    fiscal year 2026-27,  and  (ii)  appropri-
    21    ation  for  this item covering fiscal year
    22    2026-27 set forth in  chapter  53  of  the
    23    laws of 2025 (26947) ........................ 24,238,000
    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 2026-27 shall
    30    supersede and replace any duplicative  (i)
    31    reappropriation  for  this  item  covering
    32    fiscal year 2026-27,  and  (ii)  appropri-
    33    ation  for  this item covering fiscal year
    34    2026-27 set forth in  chapter  53  of  the
    35    laws of 2025 (26948) ......................... 7,249,000
    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 2026-27 shall
    42    supersede and replace any duplicative  (i)
    43    reappropriation  for  this  item  covering
    44    fiscal year 2026-27,  and  (ii)  appropri-
    45    ation  for  this item covering fiscal year
    46    2026-27 set forth in  chapter  53  of  the
    47    laws of 2025 (26949) ........................ 14,198,000
    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 2026-27 shall
    54    supersede and replace any duplicative  (i)
    55    reappropriation  for  this  item  covering

        S. 9630                            12
 
     1    fiscal year 2026-27,  and  (ii)  appropri-
     2    ation  for  this item covering fiscal year
     3    2026-27  set  forth  in  chapter 53 of the
     4    laws of 2025 (26950) ........................ 35,685,000
     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  2026-27  shall
    11    supersede  and replace any duplicative (i)
    12    reappropriation  for  this  item  covering
    13    fiscal  year  2026-27,  and (ii) appropri-
    14    ation for this item covering  fiscal  year
    15    2026-27  set  forth  in  chapter 53 of the
    16    laws of 2025 (26951) ....................... 169,986,000
    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  2026-27  shall
    36    supersede  and replace any duplicative (i)
    37    reappropriation  for  this  item  covering
    38    fiscal  year  2026-27,  and (ii) appropri-
    39    ation for this item covering  fiscal  year
    40    2026-27  set  forth  in  chapter 53 of the
    41    laws of 2025 (26952) ....................... 155,710,000
    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 2026-27 shall
    47    supersede and replace any duplicative  (i)
    48    reappropriation  for  this  item  covering
    49    fiscal year 2026-27,  and  (ii)  appropri-
    50    ation  for  this item covering fiscal year
    51    2026-27 set forth in  chapter  53  of  the
    52    laws of 2025 (29548) ......................... 3,770,000
    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. 9630                            13
 
     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 2026-27 shall
     8    supersede and replace any duplicative  (i)
     9    reappropriation  for  this  item  covering
    10    fiscal year 2026-27,  and  (ii)  appropri-
    11    ation  for  this item covering fiscal year
    12    2026-27 set forth in  chapter  53  of  the
    13    laws of 2025 (26953) ........................ 71,926,000
    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 2026-27 shall
    20    supersede and replace any duplicative  (i)
    21    reappropriation  for  this  item  covering
    22    fiscal year 2026-27,  and  (ii)  appropri-
    23    ation  for  this item covering fiscal year
    24    2026-27 set forth in  chapter  53  of  the
    25    laws of 2025 (26954) ........................ 10,332,000
    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 2026-27 shall
    32    supersede and replace any duplicative  (i)
    33    reappropriation  for  this  item  covering
    34    fiscal year 2026-27,  and  (ii)  appropri-
    35    ation  for  this item covering fiscal year
    36    2026-27 set forth in  chapter  53  of  the
    37    laws of 2025 (26955) ............................ 79,000
    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 2026-27 shall
    53    supersede and replace any duplicative  (i)
    54    reappropriation  for  this  item  covering
    55    fiscal year 2026-27,  and  (ii)  appropri-
    56    ation  for  this item covering fiscal year

        S. 9630                            14
 
     1    2026-27 set forth in  chapter  53  of  the
     2    laws of 2025 (26956) ........................ 20,604,000
     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 2026-27 shall
    13    supersede and replace any duplicative  (i)
    14    reappropriation  for  this  item  covering
    15    fiscal year 2026-27,  and  (ii)  appropri-
    16    ation  for  this item covering fiscal year
    17    2026-27 set forth in  chapter  53  of  the
    18    laws of 2025 (26961) ........................ 96,154,000
    19                                              --------------
 
    20    §  6.  The  amounts  specified  in this section, or so much thereof as
    21  shall be sufficient to accomplish the  purposes  designated,  is  hereby
    22  appropriated  and  authorized to be paid as hereinafter provided, to the
    23  public officers and for the purposes specified, which  amount  shall  be
    24  available for the state fiscal year beginning April 1, 2026.
 
    25                             DEPARTMENT OF LABOR
 
    26                              AID TO LOCALITIES
 
    27  UNEMPLOYMENT INSURANCE BENEFIT PROGRAM ..................... 135,000,000
    28                                                            --------------
 
    29    Enterprise Funds
    30    Unemployment Insurance Benefit Fund
    31    Unemployment Insurance Benefit Account - 50650
 
    32  For  payment of unemployment insurance bene-
    33    fits pursuant to article 18 of  the  labor
    34    law   or  as  authorized  by  the  federal
    35    government through the disaster  unemploy-
    36    ment  assistance  program,  the  emergency
    37    unemployment  compensation  program,   the
    38    extended   benefit  program,  the  federal
    39    additional  compensation  program  or  any
    40    other  federally funded unemployment bene-
    41    fit program (34787) ........................ 135,000,000
    42                                              --------------
 
    43    § 7. The amounts specified in this section,  or  so  much  thereof  as
    44  shall  be  sufficient  to  accomplish the purposes designated, is hereby
    45  appropriated and authorized to be paid as hereinafter provided,  to  the
    46  public  officers  and  for the purposes specified, which amount shall be
    47  available for the state fiscal year beginning April 1, 2026.

        S. 9630                            15
 
     1                        DEPARTMENT OF MENTAL HYGIENE
 
     2              OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES
 
     3                              AID TO LOCALITIES
 
     4  COMMUNITY SERVICES PROGRAM .................................. 10,098,000
     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, 2026, April
    36    1, 2026 or July 1, 2026, and for  advances
    37    for  the  3 month period beginning January
    38    1, 2027.
    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

        S. 9630                            16
 
     1    transferred to state operations and/or any
     2    appropriation of  the  office  for  people
     3    with  developmental  disabilities with the
     4    approval of the director of the budget.
     5  Notwithstanding  any  inconsistent provision
     6    of law, moneys from this appropriation may
     7    be used for state aid of up to 100 percent
     8    of the net deficit costs of  day  training
     9    programs and family support services.
    10  Notwithstanding  the  provisions  of section
    11    16.23 of the mental hygiene  law  and  any
    12    other  inconsistent provision of law, with
    13    relation to  the  operation  of  certified
    14    family  care  homes, including family care
    15    homes sponsored by voluntary  not-for-pro-
    16    fit  agencies,  moneys from this appropri-
    17    ation may be used for payments to purchase
    18    general services including but not limited
    19    to respite providers, up to a  maximum  of
    20    14 days, at rates to be established by the
    21    commissioner  and approved by the director
    22    of the budget in consideration of  factors
    23    including,  but not limited to, geographic
    24    area and number of clients  cared  for  in
    25    the  home  and  for  payment  in an amount
    26    determined by  the  commissioner  for  the
    27    personal  needs of each client residing in
    28    the family care home.
    29  Notwithstanding the provisions  of  subdivi-
    30    sion  12 of section 8 of the state finance
    31    law and any other  inconsistent  provision
    32    of law, moneys from this appropriation may
    33    be  used for expenses of family care homes
    34    including payments to operators of  certi-
    35    fied  family care homes for damages caused
    36    by clients to personal and  real  property
    37    in  accordance  with standards established
    38    by the commissioner and  approved  by  the
    39    director of the budget.
    40  Notwithstanding  any  inconsistent provision
    41    of law, moneys from this appropriation may
    42    be  used  for  appropriate   day   program
    43    services  and residential services includ-
    44    ing, but not limited  to,  direct  housing
    45    subsidies    to    individuals,   start-up
    46    expenses for family care providers,  envi-
    47    ronmental modifications, adaptive technol-
    48    ogies,   appraisals,   property   options,
    49    feasibility  studies  and   preoperational
    50    expenses.
    51  Notwithstanding  any  inconsistent provision
    52    of law, moneys from this appropriation may
    53    be  used  to  fund  continuity   of   care
    54    services, family reimbursed respite, other
    55    than  personal services and direct housing
    56    subsidies for people who are  enrolled  in

        S. 9630                            17
 
     1    OPWDD's  self-direction  program, provided
     2    any or all such costs are identified in  a
     3    self-direction budget approved by OPWDD.
     4  Notwithstanding  any  inconsistent provision
     5    of law except pursuant to a chapter of the
     6    laws of 2025  authorizing  a  2.6  percent
     7    targeted  inflationary  increase,  for the
     8    period commencing on  April  1,  2025  and
     9    ending  March  31,  2026  the commissioner
    10    shall not  apply  any  other  inflationary
    11    increases,  cost of living type increases,
    12    inflation factors, or  trend  factors  for
    13    the   purpose  of  establishing  rates  of
    14    payments, contracts or any other  form  of
    15    reimbursement;  provided  that  this shall
    16    not prevent the commissioner from applying
    17    prior  adjustments  for  the  purpose   of
    18    establishing rates resulting from a rebas-
    19    ing of base year costs.
    20  Notwithstanding  section  6908 of the educa-
    21    tion law and any other provision  of  law,
    22    rule or regulation to the contrary, direct
    23    support  staff  in  programs  certified or
    24    approved by the  office  for  people  with
    25    developmental  disabilities, including the
    26    home and community based  services  waiver
    27    programs  that  the office for people with
    28    developmental disabilities  is  authorized
    29    to administer with federal approval pursu-
    30    ant  to subdivision (c) of section 1915 of
    31    the  federal  social  security  act,   are
    32    authorized  to provide such tasks as OPWDD
    33    may  specify  when  performed  under   the
    34    supervision,    training    and   periodic
    35    inspection of  a  registered  professional
    36    nurse and in accordance with an authorized
    37    practitioner's ordered care.
    38  Notwithstanding  any  other provision of law
    39    to  the  contrary,  and  consistent   with
    40    section  33.07  of the mental hygiene law,
    41    the directors of facilities  licensed  but
    42    not operated by the office for people with
    43    developmental   disabilities  who  act  as
    44    federally-appointed representative  payees
    45    and  who  assume management responsibility
    46    over the funds of a resident may  continue
    47    to  use  such  funds  for  the cost of the
    48    resident's care and treatment,  consistent
    49    with federal law and regulations.
    50  Funds appropriated herein shall be available
    51    in accordance with the following:
    52  Notwithstanding  any  other provision of law
    53    to the contrary, funds appropriated herein
    54    are   available  to    reimburse  in-  and
    55    out-of-state  private residential schools,
    56    pursuant to  subdivision  (c)  of  section

        S. 9630                            18
 
     1    13.37-a  and  subdivision  (g)  of section
     2    13.38 of the mental hygiene law, for costs
     3    of  supporting  the  residential  and  day
     4    program  services available to individuals
     5    who are over the age of 21 years  of  age,
     6    provided that the amount paid for residen-
     7    tial  services and/or maintenance costs is
     8    net of any  supplemental  security  income
     9    benefit  to which the individual receiving
    10    services is eligible, and provided further
    11    that funding for  nonresidential  services
    12    will  be  in  an  amount not to exceed the
    13    maximum reimbursement for appropriate  day
    14    services   delivered  by  the  office  for
    15    people  with  developmental   disabilities
    16    certified or approved providers other than
    17    in-  and  out-of-state private residential
    18    schools, unless  otherwise  authorized  by
    19    the director of the budget.
    20  Notwithstanding  section  163  of  the state
    21    finance law, section 142 of  the  economic
    22    development  law,  and  article  41 of the
    23    mental hygiene law,  the  commissioner  of
    24    the  office  for people with developmental
    25    disabilities may make the funds  appropri-
    26    ated herein available as state aid, a loan
    27    or  a  grant, pursuant to terms and condi-
    28    tions established by the  commissioner  of
    29    the  office  for people with developmental
    30    disabilities, to cover a  portion  of  the
    31    development   costs   of  private,  public
    32    and/or non-profit organizations, including
    33    corporations and partnerships  established
    34    pursuant  to  the  private housing finance
    35    law and/or any other statutory provisions,
    36    for supportive  housing  units  that  have
    37    been set aside for individuals with intel-
    38    lectual  and  developmental  disabilities.
    39    Further, the office for people with devel-
    40    opmental disabilities shall have a lien on
    41    the  real  property  developed  with  such
    42    state aid, loans or grants, which shall be
    43    in  the amount of the loan or grant, for a
    44    maximum term of 30 years, or other  longer
    45    term  consistent  with the requirements of
    46    another regulatory agency.
    47  For services and  expenses  related  to  the
    48    provision   of   residential  services  to
    49    people  with  developmental   disabilities
    50    (37802) ...................................... 5,862,000
    51  For  services  and  expenses  related to the
    52    provision  of  day  program  services   to
    53    people   with  developmental  disabilities
    54    (37803) ...................................... 1,440,000
    55  For services and  expenses  related  to  the
    56    provision  of  family  support services to

        S. 9630                            19
 
     1    people  with  developmental   disabilities
     2    (37804) ...................................... 1,620,000
     3  For  services  and  expenses  related to the
     4    provision of workshop,  day  training  and
     5    employment  services to people with devel-
     6    opmental disabilities. Notwithstanding any
     7    other provision of law, up to  $13,800  of
     8    this  appropriation  may be transferred to
     9    the New York State Education  Departments'
    10    Adult   Career  and  Continuing  Education
    11    Services   -   Vocational   Rehabilitation
    12    (ACCES-VR) program to support the LongTerm
    13    Sheltered  Employment  program operated by
    14    FEDCAP   Rehabilitation   Services,   Inc.
    15    (37805) ........................................ 936,000
    16  For  other services and expenses provided to
    17    people  with  developmental   disabilities
    18    including  but not limited to hepatitis B,
    19    care at home  waiver,  epilepsy  services,
    20    Special Olympics New York, Inc. and volun-
    21    tary fingerprinting (37806) .................... 240,000
    22                                              --------------
 
    23    §  8.  The  amounts  specified  in this section, or so much thereof as
    24  shall be sufficient to accomplish the  purposes  designated,  is  hereby
    25  appropriated  and  authorized to be paid as hereinafter provided, to the
    26  public officers and for the purposes specified, which  amount  shall  be
    27  available for the state fiscal year beginning April 1, 2026.
 
    28                      DEPARTMENT OF VETERANS' SERVICES
 
    29                              AID TO LOCALITIES
 
    30  VETERANS' BENEFITS ADVISING PROGRAM ............................. 36,000
    31                                                            --------------
 
    32    Special Revenue Funds - Other
    33    Homeless Veterans Assistance Fund
    34    Homeless Veterans Assistance Account - 20204
 
    35  For  services  and expenses related to home-
    36    less veterans' housing (54815) .................. 36,000
 
    37    § 9. No expenditure may be made from any appropriation  in  this  act,
    38  until  a  certificate of approval has been issued by the director of the
    39  budget and a copy of such certificate shall have  been  filed  with  the
    40  state  comptroller, the chairman of the senate finance committee and the
    41  chairman of the assembly ways and  means  committee  provided,  however,
    42  that  any  expenditures  from  any appropriation in this act made by the
    43  legislature or judiciary shall not require such certificate.
 
    44    § 10. All expenditures and disbursements made  against  the  appropri-
    45  ations in this act shall, upon final action by the legislature on appro-
    46  priation  bills submitted by the governor pursuant to article VII of the
    47  state constitution for the support of government for  the  state  fiscal
    48  year  beginning  April  1,  2026,  be  transferred by the comptroller as

        S. 9630                            20
 
     1  expenditures and disbursements to  such  appropriations  for  all  state
     2  departments and agencies, as applicable, in amounts equal to the amounts
     3  charged against the appropriations in this act for each such department,
     4  agency, and the legislature and the judiciary.
 
     5    §  11. Severability clause. If any clause, sentence, paragraph, subdi-
     6  vision, section or part of this act shall be adjudged by  any  court  of
     7  competent  jurisdiction  to  be invalid, such judgment shall not affect,
     8  impair, or invalidate the remainder thereof, but shall  be  confined  in
     9  its  operation  to the clause, sentence, paragraph, subdivision, section
    10  or part thereof directly involved in the controversy in which such judg-
    11  ment shall have been rendered. It is hereby declared to be the intent of
    12  the legislature that this act would  have  been  enacted  even  if  such
    13  invalid provisions had not been included herein.
 
    14    §  12.  This  act shall take effect immediately and shall be deemed to
    15  have been in full force and effect on and after April 1, 2026; provided,
    16  however, that upon the transfer of expenditures and disbursements by the
    17  comptroller as provided in section ten of this act,  the  appropriations
    18  made by this act and subject to such section shall be deemed repealed.
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