STATE OF NEW YORK
________________________________________________________________________
9883
IN SENATE
April 13, 2026
___________
Introduced by Sen. GIANARIS -- (at request of the Governor) -- read
twice and ordered printed, and when printed to be committed to the
Committee on Rules
AN ACT making appropriations for the support of government; to amend
chapter 98 of the laws of 2026, relating to making appropriations for
the support of government, in relation thereto; to amend chapter 100
of the laws of 2026, relating to making appropriations for the support
of government, in relation thereto; and providing for the repeal of
such provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative intent. The legislature hereby finds and
2 declares that the enactment of these appropriations provides sufficient
3 authority to the comptroller for the purpose of making payments for the
4 purposes described herein until such time as appropriation bills submit-
5 ted by the governor pursuant to article VII of the state constitution
6 for the support of government for the state fiscal year beginning April
7 1, 2026 are enacted.
8 § 2. Section 2 of chapter 98 of the laws of 2026, relating to making
9 appropriations for the support of government, as amended by chapter 100
10 of the laws of 2026, is amended to read as follows:
11 § 2. The amounts specified in this section, or so much thereof as
12 shall be sufficient to accomplish the purposes designated, is hereby
13 appropriated and authorized to be paid as hereinafter provided, to the
14 public officers and for the purpose specified, which amount shall be
15 available for the state fiscal year beginning April 1, 2026.
16 ALL STATE DEPARTMENTS AND AGENCIES
17 For the purpose of making payments for
18 personal service, including liabilities
19 incurred prior to April 1, 2026, on the
20 payrolls scheduled to be paid during the
21 period April 1 through April [14] 16, 2026
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12028-01-6
S. 9883 2
1 to state officers and employees of the
2 executive branch, including the governor,
3 lieutenant governor, comptroller, and
4 attorney general, and to employees of the
5 legislature. This appropriation also
6 includes payments for services performed
7 by mentally ill or developmentally disa-
8 bled persons who are employed in state-op-
9 erated special employment, work-for-pay or
10 sheltered workshop programs . [545,352,000] 835,756,000
11 --------------
12 § 3. Section 3 of chapter 98 of the laws of 2026, relating to making
13 appropriations for the support of government, as amended by chapter 100
14 of the laws of 2026, is amended to read as follows:
15 § 3. The amount specified in this section, or so much thereof as shall
16 be sufficient to accomplish the purpose designated, is hereby appropri-
17 ated and authorized to be paid as hereinafter provided, to the public
18 officers and for the purpose specified, which amount shall be available
19 for the state fiscal year beginning April 1, 2026.
20 ALL STATE DEPARTMENTS AND AGENCIES
21 For the payment of state operations non
22 personal service liabilities to the execu-
23 tive branch, including the comptroller,
24 and the attorney general, and legislature,
25 incurred in the ordinary course of busi-
26 ness, during the period April 1 through
27 April [14] 16, 2026, pursuant to existing
28 state law and for purposes for which the
29 legislature authorized the expenditure of
30 moneys during the 2025-2026 state fiscal
31 year; provided, however, that nothing
32 contained herein shall be deemed to limit
33 or restrict the power or authority of
34 state departments or agencies to conduct
35 their activities or operations in accord-
36 ance with existing law, and further
37 provided that nothing contained herein
38 shall be deemed to supersede, nullify or
39 modify the provisions of section 40 of the
40 state finance law prescribing when appro-
41 priations made for the 2025-2026 state
42 fiscal year shall have ceased to have
43 force and effect .........................
44 .............................. [22,000,000] 32,000,000
45 --------------
46 § 4. The amounts specified in this section, or so much thereof as
47 shall be sufficient to accomplish the purposes designated, is hereby
48 appropriated and authorized to be paid as hereinafter provided, to the
49 respective public officers and for the purposes specified, which amount
50 shall be available for the state fiscal year beginning April 1, 2026.
S. 9883 3
1 MISCELLANEOUS - - ALL STATE DEPARTMENTS AND AGENCIES
2 The sum of ten million dollars
3 ($10,000,000), or so much thereof as shall
4 be sufficient to accomplish the purpose
5 designated, is hereby appropriated for
6 contracts and grants approved for purposes
7 for which the legislature authorized the
8 expenditures of money during the 2025-2026
9 fiscal year. An amount up to ten million
10 dollars ($10,000,000) shall be available
11 for the payment of capital projects
12 liabilities incurred during the period
13 from April 1 through April 16, 2026 for
14 contracts and grants approved prior to
15 April 1, 2026, provided, however, that
16 nothing contained herein shall be deemed
17 to limit or restrict the power or authori-
18 ty of state departments or agencies to
19 conduct their activities or operations in
20 accordance with existing law, and further
21 provided that nothing contained herein
22 shall be deemed to supersede, nullify, or
23 modify the provisions of section 40 of the
24 state finance law prescribing when appro-
25 priations made for the 2025-2026 fiscal
26 year shall have ceased to have force and
27 effect ...................................... 10,000,000
28 --------------
29 § 5. The amounts specified in this section, or so much thereof as
30 shall be sufficient to accomplish the purposes designated, is hereby
31 appropriated and authorized to be paid as hereinafter provided, to the
32 respective public officers and for the purposes specified, which amount
33 shall be available for the state fiscal year beginning April 1, 2026.
34 MISCELLANEOUS - - ALL STATE DEPARTMENTS AND AGENCIES
35 The sum of twenty million dollars
36 ($20,000,000), or so much thereof as shall
37 be sufficient to accomplish the purpose
38 designated, is hereby appropriated for
39 contracts and grants approved for purposes
40 for which the legislature authorized the
41 expenditures of money during the 2025-2026
42 fiscal year. An amount up to twenty
43 million dollars ($20,000,000) shall be
44 available for the payment of capital
45 projects liabilities incurred during the
46 period from April 1 through April 16, 2026
47 for contracts and grants approved after
48 April 1, 2026, provided, however, that
49 nothing contained herein shall be deemed
50 to limit or restrict the power or authori-
51 ty of state departments or agencies to
52 conduct their activities or operations in
S. 9883 4
1 accordance with existing law, and further
2 provided that nothing contained herein
3 shall be deemed to supersede, nullify, or
4 modify the provisions of section 40 of the
5 state finance law prescribing when appro-
6 priations made for the 2025-2026 fiscal
7 year shall have ceased to have force and
8 effect ..................................... 20,000,000
9 --------------
10 § 6. Section 4 of chapter 98 of the laws of 2026, relating to making
11 appropriations for the support of government, as amended by chapter 100
12 of the laws of 2026, is amended to read as follows:
13 § 4. The amounts specified in this section, or so much thereof as
14 shall be sufficient to accomplish the purposes designated, is hereby
15 appropriated and authorized to be paid as hereinafter provided, to the
16 public officers and for the purposes specified, which amount shall be
17 available for the state fiscal year beginning April 1, 2026.
18 MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES
19 GENERAL STATE CHARGES
20 STATE OPERATIONS
21 GENERAL STATE CHARGES ........................ [57,685,000] 620,043,500
22 --------------
23 General Fund
24 State Purposes Account - 10050
25 For employee fringe benefits according to
26 the following project schedule including
27 those benefits which are related to
28 employees paid from funds, accounts, or
29 programs where the division of the budget
30 has issued waivers (85022) ... [57,685,000] 620,043,500
31 Project Schedule
32 PROJECT AMOUNT
33 --------------------------------------------
34 For the state's contribution
35 to the health insurance fund
36 and deposit into the retiree
37 health benefit trust fund
38 pursuant to section 99-aa of
39 the state finance law. The
40 state's share of the health
41 insurance program dividends
42 shall be available to pay
43 for the premiums in 2026-27 .. 514,422,000
44 For the state's contribution
45 to the social security
46 contribution fund ............. 55,000,000
47 For the state's contribution
S. 9883 5
1 to employee benefit fund
2 programs ...................... 40,500,000
3 For the state's contribution
4 to the dental insurance plan ... 7,415,000
5 For the payment of the metro-
6 politan commuter transporta-
7 tion mobility tax pursuant
8 to article 23 of the tax
9 law, as added by chapter 25
10 of the laws of 2009, on
11 behalf of the state employ-
12 ees employed in the metro-
13 politan commuter transporta-
14 tion district .................. 2,335,000
15 For the state's share of
16 contributions to the volun-
17 tary defined contribution
18 plan made on behalf of
19 eligible employees pursuant
20 to chapter 18 of the laws
21 of 2012 who elect to partic-
22 ipate in such plan and who
23 are not otherwise eligi-
24 ble to participate in the
25 SUNY optional retirement
26 program .......... [350,000] 354,500
27 For the state's contribution
28 to the vision care plan ........... 17,000
29 --------------
30 Project schedule total ...
31 ............ [57,685,000] 620,043,500
32 --------------
33 § 7. Section 5 of chapter 100 of the laws of 2026, relating to making
34 appropriations for the support of government, is amended to read as
35 follows:
36 § 5. The amounts specified in this section, or so much thereof as
37 shall be sufficient to accomplish the purposes designated, is hereby
38 appropriated and authorized to be paid as hereinafter provided, to the
39 public officers and for the purposes specified, which amount shall be
40 available for the state fiscal year beginning April 1, 2026.
41 JUDICIARY
42 For the purpose of making payments for
43 personal service, including liabilities
44 incurred prior to April 1, 2026, on the
45 payrolls scheduled to be paid during the
46 period April 1 through April [14] 16, 2026
47 to officers and employees of the judiciary .. 85,000,000
48 For the payment of state operations nonper-
49 sonal service liabilities, the sum of
50 thirteen million dollars ($13,000,000), or
51 so much thereof as shall be sufficient to
52 accomplish the purpose designated, is
53 hereby appropriated to the judiciary out
S. 9883 6
1 of any moneys in the general fund or other
2 funds to the credit of the state purposes
3 account not otherwise appropriated. The
4 comptroller is hereby authorized and
5 directed to utilize this appropriation for
6 the purpose of making payments for nonper-
7 sonal service liabilities incurred by the
8 judiciary from April 1 through April [14]
9 16, 2026 .................................... 13,000,000
10 For the payment of aid to localities liabil-
11 ities, the sum of eleven million dollars
12 ($11,000,000), or so much thereof as shall
13 be sufficient to accomplish the purpose
14 designated, is hereby appropriated to the
15 judiciary out of any moneys in the general
16 fund or other funds to the credit of the
17 state purposes account not otherwise
18 appropriated. The comptroller is hereby
19 authorized and directed to utilize this
20 appropriation for the purpose of making
21 payments for aid to localities liabilities
22 incurred by the judiciary from April 1
23 through April [14] 16, 2026 ................. 11,000,000
24 For the payment of employee fringe benefit
25 programs including, but not limited to,
26 the judiciary's contributions to the
27 health insurance fund, the employees'
28 retirement system pension accumulation
29 fund, the social security contribution
30 fund, employee benefit fund programs, the
31 dental insurance plan, the vision care
32 plan, the unemployment insurance fund, and
33 for workers' compensation benefits, the
34 sum of sixty-two million two hundred fifty
35 thousand dollars ($62,250,000), or so much
36 thereof as shall be sufficient to accom-
37 plish the purpose designated, is hereby
38 appropriated to the judiciary out of any
39 moneys in the general fund or other funds
40 to the credit of the state purposes
41 account not otherwise appropriated. The
42 comptroller is hereby authorized and
43 directed to utilize this appropriation for
44 the purpose of making payments for employ-
45 ee fringe benefit liabilities incurred by
46 the judiciary from April 1 through April
47 [14] 16, 2026 ............................... 62,250,000
48 --------------
49 § 8. The amounts specified in this section, or so much thereof as
50 shall be sufficient to accomplish the purposes designated, is hereby
51 appropriated and authorized to be paid as hereinafter provided, to the
52 public officers and for the purposes specified, which amount shall be
53 available for the state fiscal year beginning April 1, 2026.
S. 9883 7
1 OFFICE OF CHILDREN AND FAMILY SERIVCES
2 AID TO LOCALITIES
3 ADOPTION SUBSIDY ASSISTANCE PROGRAM ......................... 20,340,000
4 --------------
5 General Fund
6 Local Assistance Account - 10000
7 For services and expenses for the adoption
8 subsidy program pursuant to title 9 of
9 article 6 of the social services law.
10 Notwithstanding any inconsistent provision
11 of law, the liability of the state to
12 social services districts and the amount
13 to be distributed or otherwise expended by
14 the state to reimburse social services
15 districts pursuant to section 456 of the
16 social services law shall be 62 percent of
17 eligible social services district expendi-
18 tures.
19 The amount hereby appropriated is to be
20 available for payment of aid heretofore
21 accrued or hereafter to accrue to munici-
22 palities. Subject to the approval of the
23 director of the budget, such funds shall
24 be available to the office net of disal-
25 lowances, refunds, reimbursements, and
26 credits.
27 Notwithstanding any inconsistent provision
28 of law, the amount herein appropriated may
29 be transferred to any other appropriation
30 within the office of children and family
31 services and/or the office of temporary
32 and disability assistance and/or suballo-
33 cated to the office of temporary and disa-
34 bility assistance for the purpose of
35 paying local social services districts'
36 costs of the above program and may be
37 increased or decreased by interchange with
38 any other appropriation or with any other
39 item or items within the amounts appropri-
40 ated within the office of children and
41 family services general fund - local
42 assistance account with the approval of
43 the director of the budget who shall file
44 such approval with the department of audit
45 and control and copies thereof with the
46 chairman of the senate finance committee
47 and the chairman of the assembly ways and
48 means committee.
49 Notwithstanding any inconsistent provision
50 of law, in lieu of payments authorized by
51 the social services law, or payments of
52 federal funds otherwise due to the local
S. 9883 8
1 social services districts for programs
2 provided under the federal social security
3 act or the federal food stamp act, funds
4 herein appropriated, in amounts certified
5 by the state commissioner or the state
6 commissioner of health as due from local
7 social services districts each month as
8 their share of payments made pursuant to
9 section 367-b of the social services law
10 may be set aside by the state comptroller
11 in an interest-bearing account with such
12 interest accruing to the credit of the
13 locality in order to ensure the orderly
14 and prompt payment of providers under
15 section 367-b of the social services law
16 pursuant to an estimate provided by the
17 commissioner of health of each local
18 social services district's share of
19 payments made pursuant to section 367-b of
20 the social services law.
21 The amounts appropriated herein shall be
22 available for reimbursement of local
23 district claims only to the extent that
24 such claims are submitted within twenty-
25 four months of the last day of the state
26 fiscal year in which the expenditures were
27 incurred, unless waived for good cause by
28 the commissioner subject to the approval
29 of the director of the budget.
30 Notwithstanding any inconsistent provision
31 of law including, but not limited to, any
32 chapter of the laws of 2026 which enacts a
33 targeted inflationary increase for the
34 state fiscal year beginning on April 1,
35 2026, the commissioner shall continue to
36 apply any targeted inflationary increase
37 in effect on March 31, 2026 for the entire
38 rate year that began when such cost of
39 living adjustment increase was in effect.
40 Notwithstanding any other provision of law
41 to the contrary, amounts due and owing to
42 a social services district under this
43 appropriation, may be reduced up to such
44 amounts due and owing to the state under
45 section 529 of the executive law (13917) .... 20,340,000
46 --------------
47 § 9. The amounts specified in this section, or so much thereof as
48 shall be sufficient to accomplish the purposes designated, is hereby
49 appropriated and authorized to be paid as hereinafter provided, to the
50 public officers and for the purposes specified, which amount shall be
51 available for the state fiscal year beginning April 1, 2026.
52 OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE
53 AID TO LOCALITIES
S. 9883 9
1 EMPLOYMENT AND INCOME SUPPORT PROGRAM ...................... 262,533,000
2 --------------
3 General Fund
4 Local Assistance Account - 10000
5 For state reimbursement of the safety net
6 assistance program as established pursuant
7 to chapter 436 of the laws of 1997.
8 Notwithstanding section 153 of the social
9 services law or any other inconsistent
10 provision of law, funds appropriated here-
11 in shall reimburse 29 percent of safety
12 net assistance expenditures, including the
13 cost of providing shelter supplements for
14 safety net assistance households at local
15 option, including eligible households
16 containing a household member who has been
17 released from prison, in order to prevent
18 eviction and address homelessness in
19 accordance with social services district
20 plans approved by the office of temporary
21 and disability assistance and the director
22 of the budget, provided, however, that in
23 social services districts with a popu-
24 lation over five million no shelter
25 supplements other than the family home-
26 lessness and eviction prevention supple-
27 ment shall be reimbursed, provided however
28 funds appropriated herein shall only be
29 used to reimburse rental costs up to the
30 maximum rent levels in place as of January
31 1, 2021, then adjusted consistent with the
32 annual year-over-year percentage changes
33 in fair market rent, provided, however, in
34 the event of a decrease in fair market
35 rent the value of the maximum rent levels
36 reimbursed with funds appropriated herein
37 shall not decrease and shall be set at the
38 maximum rent levels established during the
39 prior year, and further provided that such
40 supplements shall not be part of the stan-
41 dard of need pursuant to section 131-a of
42 the social services law. Funds appropri-
43 ated herein shall also reimburse 29
44 percent of safety net assistance expendi-
45 tures, in social services districts with a
46 population over five million, for emergen-
47 cy shelter, transportation, or nutrition
48 payments which the district determines are
49 necessary to establish or maintain inde-
50 pendent living arrangements among persons
51 living with medically diagnosed HIV
52 infection as defined by the AIDS institute
53 of the state department of health and who
54 are homeless or facing homelessness and
S. 9883 10
1 for whom no viable and less costly alter-
2 native to housing is available; provided,
3 however, that funds appropriated herein
4 may only be used for such purposes if the
5 cost of such allowances are not eligible
6 for reimbursement under medical assistance
7 or other programs.
8 Funds appropriated herein shall reimburse 29
9 percent of safety net assistance expendi-
10 tures, in social services districts with a
11 population of five million or fewer, for
12 emergency shelter payments promulgated by
13 the office of temporary and disability
14 assistance which the district determines
15 are necessary to establish or maintain
16 independent living arrangements among
17 persons living with medically diagnosed
18 HIV infection as defined by the AIDS
19 institute of the state department of
20 health and who are homeless or facing
21 homelessness and for whom no viable and
22 less costly alternative to housing is
23 available; provided, however, that funds
24 appropriated herein may only be used for
25 such purposes if the cost of such allow-
26 ances are not eligible for reimbursement
27 under medical assistance or other
28 programs.
29 Funds appropriated herein shall reimburse 29
30 percent of safety net assistance expendi-
31 tures, in social services districts with a
32 population of five million or fewer, for
33 emergency shelter payments in excess of
34 those promulgated by the office of tempo-
35 rary and disability assistance but not
36 exceeding an amount reasonably approximate
37 to 100 percent of fair market rent, at
38 local option which the district determines
39 are necessary to establish or maintain
40 independent living arrangements among
41 persons living with medically diagnosed
42 HIV infection as defined by the AIDS
43 institute of the state department of
44 health and who are homeless or facing
45 homelessness and for whom no viable and
46 less costly alternative to housing is
47 available; provided, however, that funds
48 appropriated herein may only be used for
49 such purposes if the cost of such allow-
50 ances are not eligible for reimbursement
51 under medical assistance or other
52 programs. Such emergency shelter payments
53 shall only be made at local option and in
54 accordance with a plan approved by the
55 office of temporary and disability assist-
56 ance and the director of the budget.
S. 9883 11
1 Provided, however, notwithstanding section
2 153 of the social services law or any
3 other inconsistent provision of law, if
4 necessary funding, as determined by the
5 director of the budget, is secured in a
6 social services district from the medical
7 assistance program by reducing the capita-
8 tion rates paid to medicaid managed care
9 organizations by the amount of savings
10 resulting from stably housing individuals
11 living with medically diagnosed HIV
12 infection as defined by the AIDS institute
13 of the state department of health, the
14 social services district shall make such
15 emergency shelter payments in excess of
16 those promulgated by the office of tempo-
17 rary and disability assistance but not
18 exceeding an amount reasonably approximate
19 to 100 percent of fair market rent, and
20 the savings shall be used to reimburse 100
21 percent of the cost of such excess emer-
22 gency shelter payments for cases reim-
23 bursed under the safety net assistance or
24 family assistance programs in social
25 services districts with a population of
26 five million or fewer, in accordance with
27 a plan approved by the office of temporary
28 and disability assistance and the director
29 of the budget; provided further that
30 reimbursement shall be provided to medi-
31 caid managed care organizations through
32 adjustments to capitation rates should
33 actual gross savings not be realized as
34 determined by the director of the budget.
35 For persons living with medically diagnosed
36 HIV infection as defined by the AIDS
37 institute of the state department of
38 health living in social services districts
39 with a population over five million who
40 are receiving public assistance, funds
41 appropriated herein shall be used to reim-
42 burse 29 percent of the additional rental
43 costs determined based on limiting such
44 person's earned and/or unearned income
45 contribution to 30 percent.
46 For persons living with medically diagnosed
47 HIV infection as defined by the AIDS
48 institute of the state department of
49 health living in social services districts
50 with a population of five million or fewer
51 who are receiving public assistance, funds
52 appropriated herein may be used to reim-
53 burse up to 100 percent of the additional
54 rental costs determined based on limiting
55 such person's earned and/or unearned
56 income contribution to 30 percent. Such
S. 9883 12
1 payments of additional rental costs shall
2 only be made at local option and in
3 accordance with a plan approved by the
4 office of temporary and disability assist-
5 ance and the director of the budget.
6 Provided, however, notwithstanding section
7 153 of the social services law or any
8 other inconsistent provision of law, if
9 necessary funding, as determined by the
10 director of the budget, is secured in a
11 social services district from the medical
12 assistance program by reducing the capita-
13 tion rates paid to medicaid managed care
14 organizations by the amount of savings
15 resulting from stably housing individuals
16 living with medically diagnosed HIV
17 infection as defined by the AIDS institute
18 of the state department of health, the
19 social services district shall make such
20 payments of additional rental costs, for
21 cases reimbursed under the safety net
22 assistance and family assistance program,
23 and the savings shall be used to reimburse
24 100 percent of the cost of the additional
25 rental costs determined based on limiting
26 such person's earned and/or unearned
27 income contribution to 30 percent in
28 social services districts with a popu-
29 lation of five million or fewer, in
30 accordance with a plan approved by the
31 office of temporary and disability assist-
32 ance and the director of the budget;
33 provided further that reimbursement shall
34 be provided to medicaid managed care
35 organizations through adjustments to capi-
36 tation rates should actual gross savings
37 not be realized as determined by the
38 director of the budget.
39 Amounts appropriated herein may be used to
40 enter into contracts with persons or enti-
41 ties authorized pursuant to subdivision
42 (j) of section 17 of the social services
43 law consistent with federal law and
44 requirements. Such contracts will be
45 consistent with subdivision (j) of section
46 17 of the social services law. Notwith-
47 standing section 153 of the social
48 services law or any other inconsistent
49 provision of law, the office may reduce
50 reimbursement otherwise payable to social
51 services districts to recover 29 percent
52 of costs incurred by the office for
53 expenditures related to subdivision (j) of
54 section 17 of the social services law.
55 Such funds are to be available for payment
56 of aid heretofore accrued or hereafter to
S. 9883 13
1 accrue to municipalities. Subject to the
2 approval of the director of the budget,
3 such funds shall be available to the
4 office of temporary and disability assist-
5 ance net of disallowances, refunds,
6 reimbursements, and credits, including
7 those related to title IV-E of the social
8 security act; and including, but not
9 limited to, additional federal funds
10 resulting from any changes in federal cost
11 allocation methodologies.
12 Notwithstanding any inconsistent provision
13 of law, the amount herein appropriated may
14 be increased or decreased by interchange
15 with any other appropriation within the
16 office of temporary and disability assist-
17 ance general fund - local assistance
18 account with the approval of the director
19 of the budget, who shall file such
20 approval with the department of audit and
21 control and copies thereof with the chair-
22 man of the senate finance committee and
23 the chairman of the assembly ways and
24 means committee.
25 Social services districts shall be required
26 to report to the office of temporary and
27 disability assistance on an annual basis,
28 information, as determined and requested
29 by the office, related to services and
30 expenditures for which reimbursement is
31 sought for providing temporary housing
32 assistance to homeless individuals and
33 families. Such information shall be
34 submitted electronically to the extent
35 feasible as determined by the office, and
36 shall be used to evaluate expenditures by
37 such social services districts for the
38 provision of temporary housing assistance
39 for homeless individuals and families.
40 Notwithstanding section 153 of the social
41 services law, or any other inconsistent
42 provision of law, the office of temporary
43 and disability assistance may withhold or
44 deny reimbursement, in whole or in part,
45 to any social services district that fails
46 to develop or submit a homeless services
47 plan subject to the approval of the office
48 of temporary and disability assistance,
49 fails to provide homeless services and
50 outreach in accordance with its approved
51 homeless services plan, or fails to devel-
52 op or submit homeless services outcome
53 reports, consistent with those require-
54 ments promulgated by the office of tempo-
55 rary and disability assistance.
S. 9883 14
1 Notwithstanding section 153 of the social
2 services law, or any other inconsistent
3 provision of law, such appropriation shall
4 be available for reimbursement of eligible
5 costs incurred on or after January 1, 2026
6 and before January 1, 2027, that are
7 otherwise reimbursable by the state on or
8 after April 1, 2026, that are claimed by
9 March 1, 2027. Such reimbursement shall
10 constitute total state reimbursement for
11 activities funded herein in state fiscal
12 year 2026-2027 (52203) ...................... 79,200,000
13 For expenditures for additional state
14 payments for eligible aged, blind, and
15 disabled persons related to supplemental
16 security income and for expenditures made
17 pursuant to title 8 of article 5 of the
18 social services law. Such funds are avail-
19 able for payment of aid heretofore accrued
20 or hereafter to accrue. Notwithstanding
21 any inconsistent provision of law, the
22 amount herein appropriated may be
23 increased or decreased by interchange with
24 any other appropriation within the office
25 of temporary and disability assistance
26 general fund - local assistance account
27 with the approval of the director of the
28 budget, who shall file such approval with
29 the department of audit and control and
30 copies thereof with the chairman of the
31 senate finance committee and the chairman
32 of the assembly ways and means committee
33 (52311) ..................................... 58,333,000
34 --------------
35 Special Revenue Funds - Federal
36 Federal Health and Human Services Fund
37 Temporary Assistance for Needy Families Account - 25178
38 For reimbursement of the cost of the family
39 assistance and the emergency assistance to
40 families programs. Notwithstanding section
41 153 of the social services law or any
42 inconsistent provision of law, funds
43 appropriated herein shall be provided
44 without state or local participation
45 except that for social services districts
46 with a population of five million or more,
47 reimbursement will be eighty-five percent.
48 Funds appropriated herein shall also
49 include the cost of providing shelter
50 supplements for family assistance house-
51 holds at local option, including eligible
52 households containing a household member
53 who has been released from prison, in
54 order to prevent eviction and address
S. 9883 15
1 homelessness in accordance with social
2 services district plans approved by the
3 office of temporary and disability assist-
4 ance and the director of the budget,
5 provided, however, that in social services
6 districts with a population over five
7 million no shelter supplements other than
8 the family homelessness and eviction
9 prevention supplement shall be reimbursed,
10 provided however funds appropriated herein
11 shall only be used to reimburse rental
12 costs up to the maximum rent levels in
13 place as of January 1, 2021, then adjusted
14 consistent with the annual year-over-year
15 percentage changes in fair market rent,
16 provided, however, in the event of a
17 decrease in fair market rent the value of
18 the maximum rent levels reimbursed with
19 funds appropriated herein shall not
20 decrease and shall be set at the maximum
21 rent levels established during the prior
22 year, and further provided that such
23 supplements shall not be part of the stan-
24 dard of need pursuant to section 131-a of
25 the social services law.
26 Funds appropriated herein shall also reim-
27 burse for family assistance expenditures
28 for emergency shelter, transportation, or
29 nutrition payments which the district
30 determines are necessary to establish or
31 maintain independent living arrangements
32 among persons living with medically diag-
33 nosed HIV infection as defined by the AIDS
34 institute of the state department of
35 health and who are homeless or facing
36 homelessness and for whom no viable and
37 less costly alternative to housing is
38 available; provided, however, that funds
39 appropriated herein may only be used for
40 such purposes if the cost of such allow-
41 ances are not eligible for reimbursement
42 under medical assistance or other
43 programs.
44 For persons living with medically diagnosed
45 HIV infection as defined by the AIDS
46 institute of the state department of
47 health who are receiving public assistance
48 funds appropriated herein shall not be
49 used to reimburse the additional rental
50 costs determined based on limiting such
51 person's earned and/or unearned income
52 contribution to 30 percent.
53 Amounts appropriated herein may be used to
54 enter into contracts with persons or enti-
55 ties authorized pursuant to subdivision
56 (j) of section 17 of the social services
S. 9883 16
1 law consistent with federal law and
2 requirements. Such contracts will be made
3 consistent with subdivision (j) of section
4 17 of the social services law. Notwith-
5 standing section 153 of the social
6 services law or any other inconsistent
7 provision of law, the office may reduce
8 reimbursement otherwise payable to social
9 services districts to recover the federal
10 share of costs incurred by the office for
11 expenditures related to subdivision (j) of
12 section 17 of the social services law.
13 Such funds are to be available for payment
14 of aid heretofore accrued or hereafter to
15 accrue to municipalities. Subject to the
16 approval of the director of the budget,
17 such funds shall be available to the
18 office of temporary and disability assist-
19 ance net of disallowances, refunds,
20 reimbursements, and credits including, but
21 not limited to, additional federal funds
22 resulting from any changes in federal cost
23 allocation methodologies.
24 Notwithstanding any inconsistent provision
25 of law, the amount herein appropriated may
26 be increased or decreased by interchange
27 with any other appropriation within the
28 office of temporary and disability assist-
29 ance federal fund - local assistance
30 account with the approval of the director
31 of the budget, who shall file such
32 approval with the department of audit and
33 control and copies thereof with the chair-
34 man of the senate finance committee and
35 the chairman of the assembly ways and
36 means committee.
37 Social services districts shall be required
38 to report to the office of temporary and
39 disability assistance on an annual basis,
40 information, as determined and requested
41 by the office, related to services and
42 expenditures for which reimbursement is
43 sought for providing temporary housing
44 assistance to homeless individuals and
45 families. Such information shall be
46 submitted electronically to the extent
47 feasible as determined by the office, and
48 shall be used to evaluate expenditures by
49 such social services districts for the
50 provision of temporary housing assistance
51 for homeless individuals and families.
52 Notwithstanding section 153 of the social
53 services law, or any other inconsistent
54 provision of law, the office of temporary
55 and disability assistance may withhold or
56 deny reimbursement, in whole or in part,
S. 9883 17
1 to any social services district that fails
2 to develop or submit a homeless services
3 plan subject to the approval of the office
4 of temporary and disability assistance,
5 fails to provide homeless services and
6 outreach in accordance with its approved
7 homeless services plan, or fails to devel-
8 op or submit homeless services outcome
9 reports, consistent with those require-
10 ments promulgated by the office of tempo-
11 rary and disability assistance.
12 Notwithstanding section 153 of the social
13 services law, or any other inconsistent
14 provision of law, such appropriation shall
15 be available for reimbursement of eligible
16 costs incurred on or after January 1, 2026
17 and before January 1, 2027, that are
18 otherwise reimbursable by the state on or
19 after April 1, 2026, that are claimed by
20 March 1, 2027. Such reimbursement shall
21 constitute total federal reimbursement for
22 activities funded herein in state fiscal
23 year 2026-27 (52203) ....................... 125,000,000
24 --------------
25 § 10. Section 5 of chapter 98 of the laws of 2026, relating to making
26 appropriations for the support of government, as amended by chapter 100
27 of the laws of 2026, 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, 2026.
33 DEPARTMENT OF HEALTH
34 AID TO LOCALITIES
35 CENTER FOR COMMUNITY HEALTH PROGRAM .......... [20,910,000] 23,050,000
36 --------------
37 General Fund
38 Local Assistance Account - 10000
39 For services and expenses related to the
40 Indian health program pursuant to a plan
41 prepared by the commissioner of health and
42 approved by the director of the budget.
43 The moneys hereby appropriated shall be
44 for payment of financial assistance here-
45 tofore accrued or hereafter to accrue
46 (26840) ...................................... 7,000,000
47 --------------
48 Special Revenue Funds - Federal
49 Federal USDA-Food and Nutrition Services Fund
S. 9883 18
1 Federal Food and Nutrition Services Account - 25022
2 For various federal food and nutritional
3 services. The moneys hereby appropriated
4 shall be available for payment of finan-
5 cial assistance heretofore accrued (26986)
6 .............................. [13,910,000] 16,050,000
7 ELDERLY PHARMACEUTICAL INSURANCE COVERAGE PROGRAM ............ 1,200,000
8 --------------
9 Special Revenue Funds - Other
10 HCRA Resources Fund
11 EPIC Premium Account - 20818
12 For services and expenses of the program for
13 elderly pharmaceutical insurance coverage,
14 including reimbursement to pharmacies
15 participating in such program. The moneys
16 hereby appropriated shall be available for
17 payment of financial assistance heretofore
18 accrued (26803) .............................. 1,200,000
19 --------------
20 MEDICAL ASSISTANCE PROGRAM ............... [2,569,881,000] 4,529,831,000
21 --------------
22 General Fund
23 Local Assistance Account - 10000
24 For the medical assistance program, includ-
25 ing administrative expenses, for local
26 social services districts, and for medical
27 care rates for authorized child care agen-
28 cies.
29 Notwithstanding section 40 of the state
30 finance law or any provision of law to the
31 contrary, subject to federal approval,
32 department of health state funds medicaid
33 spending, excluding payments for medical
34 services provided at state facilities
35 operated by the office of mental health,
36 the office for people with developmental
37 disabilities and the office of addiction
38 services and supports and further exclud-
39 ing any payments which are not appropri-
40 ated within the department of health, in
41 the aggregate, for the period April 1,
42 2026 through March 31, 2027, shall not
43 exceed $36,099,200,000 except as provided
44 below provided, however, such aggregate
45 limits may be adjusted by the director of
46 the budget to account for any changes in
47 the New York state federal medical assist-
48 ance percentage amount established pursu-
49 ant to the federal social security act,
S. 9883 19
1 increases in provider revenues, reductions
2 in local social services district payments
3 for medical assistance administration,
4 minimum wage increases, and beginning
5 April 1, 2012 the operational costs of the
6 New York state medical indemnity fund,
7 pursuant to chapter 59 of the laws of
8 2011, and state costs or savings from the
9 essential plan program. Such projections
10 may be adjusted by the director of the
11 budget to account for increased or expe-
12 dited department of health state funds
13 medicaid expenditures as a result of a
14 natural or other type of disaster, includ-
15 ing a governmental declaration of emergen-
16 cy.
17 The director of the budget, in consultation
18 with the commissioner of health, shall
19 assess on a quarterly basis known and
20 projected medicaid expenditures by catego-
21 ry of service and by geographic region, as
22 defined by the commissioner, incurred both
23 prior to and subsequent to such assessment
24 for each such period, and if the director
25 of the budget determines that such expend-
26 itures are expected to cause medicaid
27 spending for such period to exceed the
28 aggregate limit specified herein for such
29 period, the state medicaid director, in
30 consultation with the director of the
31 budget and the commissioner of health,
32 shall develop a medicaid savings allo-
33 cation adjustment to limit such spending
34 to the aggregate limit specified herein
35 for such period.
36 Such medicaid savings allocation adjustment
37 shall be designed, to reduce the expendi-
38 tures authorized by the appropriations
39 herein in compliance with the following
40 guidelines: (1) reductions shall be made
41 in compliance with applicable federal law,
42 including the provisions of the Patient
43 Protection and Affordable Care Act, Public
44 Law No. 111-148, and the Health Care and
45 Education Reconciliation Act of 2010,
46 Public Law No. 111-152 (collectively
47 "Affordable Care Act") and any subsequent
48 amendments thereto or regulations promul-
49 gated thereunder; (2) reductions shall be
50 made in a manner that complies with the
51 state medicaid plan approved by the feder-
52 al centers for medicare and medicaid
53 services, provided, however, that the
54 commissioner of health is authorized to
55 submit any state plan amendment or seek
56 other federal approval, including waiver
S. 9883 20
1 authority, to implement the provisions of
2 the medicaid savings allocation adjustment
3 that meets the other criteria set forth
4 herein; (3) reductions shall be made in a
5 manner that maximizes federal financial
6 participation, to the extent practicable,
7 including any federal financial partic-
8 ipation that is available or is reasonably
9 expected to become available, in the
10 discretion of the commissioner, under the
11 Affordable Care Act; (4) reductions shall
12 be made uniformly among categories of
13 services and geographic regions of the
14 state, to the extent practicable, and
15 shall be made uniformly within a category
16 of service, to the extent practicable,
17 except where the commissioner determines
18 that there are sufficient grounds for
19 non-uniformity, including but not limited
20 to: the extent to which specific catego-
21 ries of services contributed to department
22 of health medicaid state funds spending in
23 excess of the limits specified herein; the
24 need to maintain safety net services in
25 underserved communities; or the potential
26 benefits of pursuing innovative payment
27 models contemplated by the Affordable Care
28 Act, in which case such grounds shall be
29 set forth in the medicaid savings allo-
30 cation adjustment; and (5) reductions
31 shall be made in a manner that does not
32 unnecessarily create administrative
33 burdens to medicaid applicants and recipi-
34 ents or providers.
35 The commissioner shall seek the input of the
36 legislature, as well as organizations
37 representing health care providers,
38 consumers, businesses, workers, health
39 insurers, and others with relevant exper-
40 tise, in developing such medicaid savings
41 allocation adjustment, to the extent that
42 all or part of such adjustment, in the
43 discretion of the commissioner, is likely
44 to have a material impact on the overall
45 medicaid program, particular categories of
46 service or particular geographic regions
47 of the state.
48 (a) The commissioner shall post the medicaid
49 savings allocation adjustment on the
50 department of health's website and shall
51 provide written copies of such adjustment
52 to the chairs of the senate finance and
53 the assembly ways and means committees at
54 least 30 days before the date on which
55 implementation is expected to begin.
S. 9883 21
1 (b) The commissioner may revise the medicaid
2 savings allocation adjustment subsequent
3 to the provisions of notice and prior to
4 implementation but needs to provide a new
5 notice pursuant to subparagraph (i) of
6 this paragraph only if the commissioner
7 determines, in his or her discretion, that
8 such revisions materially alter the
9 adjustment.
10 Notwithstanding the provisions of paragraphs
11 (a) and (b) of this subdivision, the
12 commissioner need not seek the input
13 described in paragraph (a) of this subdi-
14 vision or provide notice pursuant to para-
15 graph (b) of this subdivision if, in the
16 discretion of the commissioner, expedited
17 development and implementation of a medi-
18 caid savings allocation adjustment is
19 necessary due to a public health emergen-
20 cy.
21 For purposes of this section, a public
22 health emergency is defined as: (i) a
23 disaster, natural or otherwise, that
24 significantly increases the immediate need
25 for health care personnel in an area of
26 the state; (ii) an event or condition that
27 creates a widespread risk of exposure to a
28 serious communicable disease, or the
29 potential for such widespread risk of
30 exposure; or (iii) any other event or
31 condition determined by the commissioner
32 to constitute an imminent threat to public
33 health.
34 Nothing in this paragraph shall be deemed to
35 prevent all or part of such medicaid
36 savings allocation adjustment from taking
37 effect retroactively to the extent permit-
38 ted by the federal centers for medicare
39 and medicaid services.
40 In accordance with the medicaid savings
41 allocation adjustment, the commissioner of
42 the department of health shall reduce
43 department of health state funds medicaid
44 spending by the amount of the projected
45 overspending through, actions including,
46 but not limited to modifying or suspending
47 reimbursement methods, including but not
48 limited to all fees, premium levels and
49 rates of payment, notwithstanding any
50 provision of law that sets a specific
51 amount or methodology for any such
52 payments or rates of payment; modifying or
53 discontinuing medicaid program benefits;
54 seeking all necessary federal approvals,
55 including, but not limited to waivers,
56 waiver amendments; and suspending time
S. 9883 22
1 frames for notice, approval or certif-
2 ication of rate requirements, notwith-
3 standing any provision of law, rule or
4 regulation to the contrary, including but
5 not limited to sections 2807 and 3614 of
6 the public health law, section 18 of chap-
7 ter 2 of the laws of 1988, and 18 NYCRR
8 505.14(h).
9 The department of health shall prepare a
10 quarterly report that sets forth: (a)
11 known and projected department of health
12 medicaid expenditures as described in
13 subdivision (1) of this section, and
14 factors that could result in medicaid
15 disbursements for the relevant state
16 fiscal year to exceed the projected
17 department of health state funds disburse-
18 ments in the enacted budget financial plan
19 pursuant to subdivision 3 of section 23 of
20 the state finance law, including spending
21 increases or decreases due to: enrollment
22 fluctuations, rate changes, utilization
23 changes, MRT investments, and shift of
24 beneficiaries to managed care; and vari-
25 ations in offline medicaid payments; and
26 (b) the actions taken to implement any
27 medicaid savings allocation adjustment
28 implemented pursuant to subdivision (4) of
29 this section, including information
30 concerning the impact of such actions on
31 each category of service and each
32 geographic region of the state. Each such
33 quarterly report shall be provided to the
34 chairs of the senate finance and the
35 assembly ways and means committees and
36 shall be posted on the department of
37 health's website in a timely manner.
38 The money hereby appropriated is to be
39 available for payment of aid heretofore
40 accrued or hereafter accrued to munici-
41 palities, and to providers of medical
42 services pursuant to section 367-b of the
43 social services law, and for payment of
44 state aid to municipalities and to provid-
45 ers of family care where payment systems
46 through the fiscal intermediaries are not
47 operational.
48 Notwithstanding any inconsistent provision
49 of law to the contrary, funds may be used
50 by the department for outside legal
51 assistance on issues involving the federal
52 government, the conduct of preadmission
53 screening and annual resident reviews
54 required by the state's medicaid program,
55 computer matching with insurance carriers
56 to insure that medicaid is the payer of
S. 9883 23
1 last resort and activities related to the
2 management of the pharmacy benefit avail-
3 able under the medicaid program.
4 Notwithstanding any inconsistent provision
5 of law, in lieu of payments authorized by
6 the social services law, or payments of
7 federal funds otherwise due to the local
8 social services districts for programs
9 provided under the federal social security
10 act or the federal food stamp act, funds
11 herein appropriated, in amounts certified
12 by the state commissioner of temporary and
13 disability assistance or the state commis-
14 sioner of health as due from local social
15 services districts each month as their
16 share of payments made pursuant to section
17 367-b of the social services law may be
18 set aside by the state comptroller in an
19 interest-bearing account in order to
20 ensure the orderly and prompt payment of
21 providers under section 367-b of the
22 social services law pursuant to an esti-
23 mate provided by the commissioner of
24 health of each local social services
25 district's share of payments made pursuant
26 to section 367-b of the social services
27 law.
28 Notwithstanding any inconsistent provision
29 of law, funding made available by these
30 appropriations shall support direct salary
31 costs and related fringe benefits within
32 the medical assistance program associated
33 with any minimum wage increase that takes
34 effect during the timeframe of these
35 appropriations, pursuant to section 652 of
36 the labor law. Each eligible organization
37 in receipt of funding made available by
38 these appropriations may be required to
39 submit written certification, in such form
40 and at such time the commissioner may
41 prescribe, attesting to the total amount
42 of funds used by the eligible organiza-
43 tion, how such funding will be or was used
44 for purposes eligible under these appro-
45 priations and any other reporting deemed
46 necessary by the commissioner. The amounts
47 appropriated herein may include advances
48 to organizations authorized to receive
49 such funds to accomplish this purpose.
50 Notwithstanding any other provision of law,
51 the money hereby appropriated may be
52 increased or decreased by interchange or
53 transfer, with any appropriation of the
54 department of health and the office of
55 medicaid inspector general and may be
56 increased or decreased by transfer or
S. 9883 24
1 suballocation between these appropriated
2 amounts and appropriations of the depart-
3 ment of health state purpose account, the
4 office of mental health, office for people
5 with developmental disabilities, the
6 office of addiction services and supports,
7 the department of family assistance office
8 of temporary and disability assistance,
9 the department of corrections and communi-
10 ty supervision, the office of information
11 technology services, the state university
12 of New York, and office of children and
13 family services, the office of medicaid
14 inspector general, the state education
15 department, and the state office for the
16 aging with the approval of the director of
17 the budget, who shall file such approval
18 with the department of audit and control
19 and copies thereof with the chairman of
20 the senate finance committee and the
21 chairman of the assembly ways and means
22 committee.
23 Notwithstanding any inconsistent provision
24 of law to the contrary, the moneys hereby
25 appropriated may be used for payments to
26 the centers for medicaid and medicare
27 services for obligations incurred related
28 to the pharmaceutical costs of dually
29 eligible medicare/medicaid beneficiaries
30 participating in the medicare drug benefit
31 authorized by P.L. 108-173.
32 Notwithstanding any inconsistent provision
33 of law, the moneys hereby appropriated
34 shall not be used for any existing rates,
35 fees, fee schedule, or procedures which
36 may affect the cost of care and services
37 provided by personal care providers, case
38 managers, health maintenance organiza-
39 tions, out of state medical facilities
40 which provide care and services to resi-
41 dents of the state, providers of transpor-
42 tation services, that are altered,
43 amended, adjusted or otherwise changed by
44 a local social services district unless
45 previously approved by the department of
46 health and the director of the budget.
47 Notwithstanding any inconsistent provision
48 of law to the contrary, funds shall be
49 made available to the commissioner of the
50 office of mental health or the commission-
51 er of the office of addiction services and
52 supports, in consultation with the commis-
53 sioner of health and approved by the
54 director of the budget, and consistent
55 with appropriations made therefor, to
56 implement allocation adjustment developed
S. 9883 25
1 by each such commissioner which shall
2 describe mental health or substance use
3 disorder services that should be developed
4 to meet service needs resulting from the
5 reduction of inpatient behavioral health
6 services provided under the medicaid
7 program, by programs licensed pursuant to
8 article 31 or 32 of the mental hygiene
9 law. Such programs may include programs
10 that are licensed pursuant to both article
11 31 of the mental hygiene law and article
12 28 of the public health law, or certified
13 under both article 32 of the mental
14 hygiene law and article 28 of the public
15 health law.
16 Notwithstanding any inconsistent provision
17 of law, the moneys hereby appropriated may
18 be available for payments associated with
19 the resolution by settlement agreement or
20 judgment of rate appeals and/or litigation
21 where the department of health is a party.
22 For services and expenses of the medical
23 assistance program including hospital
24 inpatient services and general hospitals
25 that are safety-net providers that evince
26 severe financial distress, pursuant to
27 criteria determined by the commissioner,
28 shall be eligible for awards for amounts
29 appropriated herein, to enable such
30 providers to maintain operations and vital
31 services while establishing long term
32 solutions to achieve sustainable health
33 services.
34 Notwithstanding any inconsistent provisions
35 of law, no expenditures shall be used for
36 the medical assistance program for any
37 expenses not explicitly authorized in law
38 without the approval of the director of
39 the budget.
40 Notwithstanding any provision of law to the
41 contrary, the portion of this appropri-
42 ation covering fiscal year 2026-27 shall
43 supersede and replace any duplicative (i)
44 reappropriation for this item covering
45 fiscal year 2026-27, and (ii) appropri-
46 ation for this item covering fiscal year
47 2026-27 set forth in chapter 53 of the
48 laws of 2025 (26947) ......... [48,476,000] 72,714,000
49 For services and expenses of the medical
50 assistance program including hospital
51 outpatient and emergency room services.
52 Notwithstanding any provision of law to the
53 contrary, the portion of this appropri-
54 ation covering fiscal year 2026-27 shall
55 supersede and replace any duplicative (i)
56 reappropriation for this item covering
S. 9883 26
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 (26948) ......... [14,498,000] 21,747,000
5 For services and expenses of the medical
6 assistance program including clinic
7 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 (26949) ......... [28,396,000] 42,594,000
17 For services and expenses of the medical
18 assistance program including nursing home
19 services.
20 Notwithstanding any provision of law to the
21 contrary, the portion of this appropri-
22 ation covering fiscal year 2026-27 shall
23 supersede and replace any duplicative (i)
24 reappropriation for this item covering
25 fiscal year 2026-27, and (ii) appropri-
26 ation for this item covering fiscal year
27 2026-27 set forth in chapter 53 of the
28 laws of 2025 (26950) ........ [71,370,000] 107,055,000
29 For services and expenses of the medical
30 assistance program including other long
31 term care services.
32 Notwithstanding any provision of law to the
33 contrary, the portion of this appropri-
34 ation covering fiscal year 2026-27 shall
35 supersede and replace any duplicative (i)
36 reappropriation for this item covering
37 fiscal year 2026-27, and (ii) appropri-
38 ation for this item covering fiscal year
39 2026-27 set forth in chapter 53 of the
40 laws of 2025 (26951) ........ [339,972,000] 509,958,000
41 For services and expenses of the medical
42 assistance program including managed care
43 services including regional planning
44 activities of the finger lakes health
45 systems agency, including statewide coor-
46 dination and demonstration of best prac-
47 tices. The department shall make grants
48 within amounts appropriated therefor, to
49 assure high-quality and accessible primary
50 care, to provide technical assistance to
51 support financial and business planning
52 for integrated systems of care, and to
53 assist primary care providers in the
54 adoption, implementation, and meaningful
55 use of electronic health record technolo-
56 gy.
S. 9883 27
1 Notwithstanding any provision of law to the
2 contrary, the portion of this appropri-
3 ation covering fiscal year 2026-27 shall
4 supersede and replace any duplicative (i)
5 reappropriation for this item covering
6 fiscal year 2026-27, and (ii) appropri-
7 ation for this item covering fiscal year
8 2026-27 set forth in chapter 53 of the
9 laws of 2025 (26952) ........ [311,420,000] 467,130,000
10 For services and expenses for health homes
11 including grants to health homes.
12 Notwithstanding any provision of law to the
13 contrary, the portion of this appropri-
14 ation covering fiscal year 2026-27 shall
15 supersede and replace any duplicative (i)
16 reappropriation for this item covering
17 fiscal year 2026-27, and (ii) appropri-
18 ation for this item covering fiscal year
19 2026-27 set forth in chapter 53 of the
20 laws of 2025 (29548) ......... [7,540,000] 11,310,000
21 For services and expenses of the medical
22 assistance program including pharmacy
23 services provided, however, that no funds
24 shall be made available pursuant to this
25 appropriation for any drug not explicitly
26 authorized in any enacted law, rule, or
27 regulation without approval from the
28 director of the budget.
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 (26953) ........ [143,852,000] 215,778,000
38 For services and expenses of the medical
39 assistance program including transporta-
40 tion services.
41 Notwithstanding any provision of law to the
42 contrary, the portion of this appropri-
43 ation covering fiscal year 2026-27 shall
44 supersede and replace any duplicative (i)
45 reappropriation for this item covering
46 fiscal year 2026-27, and (ii) appropri-
47 ation for this item covering fiscal year
48 2026-27 set forth in chapter 53 of the
49 laws of 2025 (26954) ......... [20,664,000] 30,996,000
50 For services and expenses of the medical
51 assistance program including dental
52 services.
53 Notwithstanding any provision of law to the
54 contrary, the portion of this appropri-
55 ation covering fiscal year 2026-27 shall
56 supersede and replace any duplicative (i)
S. 9883 28
1 reappropriation for this item covering
2 fiscal year 2026-27, and (ii) appropri-
3 ation for this item covering fiscal year
4 2026-27 set forth in chapter 53 of the
5 laws of 2025 (26955) ............ [158,000] 237,000
6 For services and expenses of the medical
7 assistance program including non-institu-
8 tional and other spending.
9 The money hereby appropriated is available
10 for payment of liabilities heretofore
11 accrued or hereafter accrued.
12 Notwithstanding any inconsistent provision
13 of law, the money hereby appropriated may
14 be available for payments to any county or
15 public school districts associated with
16 additional claims for school supportive
17 health services.
18 Notwithstanding any provision of law to the
19 contrary, the portion of this appropri-
20 ation covering fiscal year 2026-27 shall
21 supersede and replace any duplicative (i)
22 reappropriation for this item covering
23 fiscal year 2026-27, and (ii) appropri-
24 ation for this item covering fiscal year
25 2026-27 set forth in chapter 53 of the
26 laws of 2025 (26956) ......... [41,208,000] 61,812,000
27 For services and expenses of the medical
28 assistance program including medical
29 services provided at state facilities
30 operated by the office of mental health,
31 the office for people with developmental
32 disabilities and the office of addiction
33 services and supports.
34 Notwithstanding any provision of law to the
35 contrary, the portion of this appropri-
36 ation covering fiscal year 2026-27 shall
37 supersede and replace any duplicative (i)
38 reappropriation for this item covering
39 fiscal year 2026-27, and (ii) appropri-
40 ation for this item covering fiscal year
41 2026-27 set forth in chapter 53 of the
42 laws of 2025 (26961) ........ [192,308,000] 288,462,000
43 --------------
44 Special Revenue Funds - Federal
45 Federal Health and Human Services Fund
46 Medicaid Direct Account - 25106
47 For services and expenses for the medical
48 assistance program, including administra-
49 tive expenses for local social services
50 districts, pursuant to title XIX of the
51 federal social security act or its succes-
52 sor program.
53 The moneys hereby appropriated are to be
54 available for payment of aid heretofore
S. 9883 29
1 accrued or hereafter accrued to munici-
2 palities, and to providers of medical
3 services pursuant to section 367-b of the
4 social services law, and for payment of
5 state aid to municipalities and to provid-
6 ers of family care where payment systems
7 through the fiscal intermediaries are not
8 operational.
9 Notwithstanding any inconsistent provision
10 of law, funding made available by these
11 appropriations shall support direct salary
12 costs and related fringe benefits within
13 the medical assistance program associated
14 with any minimum wage increase that takes
15 effect during the timeframe of these
16 appropriations, pursuant to section 652 of
17 the labor law. Each eligible organization
18 in receipt of funding made available by
19 these appropriations may be required to
20 submit written certification, in such form
21 and at such time the commissioner may
22 prescribe, attesting to the total amount
23 of funds used by the eligible organiza-
24 tion, how such funding will be or was used
25 for purposes eligible under these appro-
26 priations and any other reporting deemed
27 necessary by the commissioner. The amounts
28 appropriated herein may include advances
29 to organizations authorized to receive
30 such funds to accomplish this purpose.
31 Notwithstanding any other provision of law,
32 the money hereby appropriated may be
33 increased or decreased by interchange or
34 transfer, with any appropriation of the
35 department of health and the office of
36 medicaid inspector general and may be
37 increased or decreased by transfer or
38 suballocation between these appropriated
39 amounts and appropriations of the office
40 of mental health, office for people with
41 developmental disabilities, the office of
42 addiction services and supports, the
43 department of family assistance office of
44 temporary and disability assistance,
45 office of children and family services,
46 the department of financial services,
47 department of corrections and community
48 supervision, the office of information
49 technology services, the state university
50 of New York, the state education depart-
51 ment, and the state office for the aging
52 with the approval of the director of the
53 budget, who shall file such approval with
54 the department of audit and control and
55 copies thereof with the chairman of the
S. 9883 30
1 senate finance committee and the chairman
2 of the assembly ways and means committee.
3 Notwithstanding any inconsistent provision
4 of law, in lieu of payments authorized by
5 the social services law, or payments of
6 federal funds otherwise due to the local
7 social services districts for programs
8 provided under the federal social security
9 act or the federal food stamp act, funds
10 herein appropriated, in amounts certified
11 by the state commissioner of temporary and
12 disability assistance or the state commis-
13 sioner of health as due from local social
14 services districts each month as their
15 share of payments made pursuant to section
16 367-b of the social services law may be
17 set aside by the state comptroller in an
18 interest-bearing account in order to
19 ensure the orderly and prompt payment of
20 providers under section 367-b of the
21 social services law pursuant to an esti-
22 mate provided by the commissioner of
23 health of each local social services
24 district's share of payments made pursuant
25 to section 367-b of the social services
26 law.
27 Notwithstanding any inconsistent provision
28 of law to the contrary, funds shall be
29 made available to the commissioner of the
30 office of mental health or the commission-
31 er of the office of addiction services and
32 supports, in consultation with the commis-
33 sioner of health and approved by the
34 director of the budget, and consistent
35 with appropriations made therefor, to
36 implement allocation adjustment developed
37 by each such commissioner which shall
38 describe mental health or substance use
39 disorder services that should be developed
40 to meet service needs resulting from the
41 reduction of inpatient behavioral health
42 services provided under the medicaid
43 program, by programs licensed pursuant to
44 article 31 or 32 of the mental hygiene
45 law. Such programs may include programs
46 that are licensed pursuant to both article
47 31 of the mental hygiene law and article
48 28 of the public health law, or certified
49 under both article 32 of the mental
50 hygiene law and article 28 of the public
51 health law.
52 Notwithstanding any inconsistent provision
53 of law, the moneys hereby appropriated may
54 be available for payments associated with
55 the resolution by settlement agreement or
S. 9883 31
1 judgment of rate appeals and/or litigation
2 where the department of health is a party.
3 Notwithstanding any inconsistent provisions
4 of law, no expenditures shall be used for
5 the medical assistance program for any
6 expenses not explicitly authorized in law
7 without the approval of the director of
8 the budget.
9 For services and expenses of the medical
10 assistance program including hospital
11 inpatient services.
12 Notwithstanding any provision of law to the
13 contrary, the portion of this appropri-
14 ation covering fiscal year 2026-27 shall
15 supersede and replace any duplicative (i)
16 reappropriation for this item covering
17 fiscal year 2026-27, and (ii) appropri-
18 ation for this item covering fiscal year
19 2026-27 set forth in chapter 53 of the
20 laws of 2025 (26947) ........ [75,885,000] 151,770,000
21 For services and expenses of the medical
22 assistance program including hospital
23 outpatient and emergency room services.
24 Notwithstanding any provision of law to the
25 contrary, the portion of this appropri-
26 ation covering fiscal year 2026-27 shall
27 supersede and replace any duplicative (i)
28 reappropriation for this item covering
29 fiscal year 2026-27, and (ii) appropri-
30 ation for this item covering fiscal year
31 2026-27 set forth in chapter 53 of the
32 laws of 2025 (26948) ........ [13,524,000] 27,048,000
33 For services and expenses of the medical
34 assistance program including clinic
35 services.
36 Notwithstanding any provision of law to the
37 contrary, the portion of this appropri-
38 ation covering fiscal year 2026-27 shall
39 supersede and replace any duplicative (i)
40 reappropriation for this item covering
41 fiscal year 2026-27, and (ii) appropri-
42 ation for this item covering fiscal year
43 2026-27 set forth in chapter 53 of the
44 laws of 2025 (26949) ........ [21,897,000] 43,794,000
45 For services and expenses of the medical
46 assistance program including nursing home
47 services.
48 Notwithstanding any provision of law to the
49 contrary, the portion of this appropri-
50 ation covering fiscal year 2026-27 shall
51 supersede and replace any duplicative (i)
52 reappropriation for this item covering
53 fiscal year 2026-27, and (ii) appropri-
54 ation for this item covering fiscal year
55 2026-27 set forth in chapter 53 of the
56 laws of 2025 (26950) ....... [112,740,000] 225,480,000
S. 9883 32
1 For services and expenses of the medical
2 assistance program including other long
3 term care services.
4 Notwithstanding any provision of law to the
5 contrary, the portion of this appropri-
6 ation covering fiscal year 2026-27 shall
7 supersede and replace any duplicative (i)
8 reappropriation for this item covering
9 fiscal year 2026-27, and (ii) appropri-
10 ation for this item covering fiscal year
11 2026-27 set forth in chapter 53 of the
12 laws of 2025 (26951) ....... [321,609,000] 643,218,000
13 For services and expenses of the medical
14 assistance program including managed care
15 services including regional planning
16 activities of the finger lakes health
17 systems agency, including statewide coor-
18 dination and demonstration of best prac-
19 tices. The department shall make grants
20 within amounts appropriated therefor, to
21 assure high-quality and accessible primary
22 care, to provide technical assistance to
23 support financial and business planning
24 for integrated systems of care, and to
25 assist primary care providers in the
26 adoption, implementation, and meaningful
27 use of electronic health record technolo-
28 gy.
29 Notwithstanding any inconsistent provision
30 of law, rule, or regulation to the contra-
31 ry, funds appropriated herein shall not be
32 subject to article 6 of the financial
33 services law.
34 Notwithstanding any inconsistent provision
35 of law, rule, or regulation to the contra-
36 ry, funds appropriated herein shall only
37 be made available for applied behavior
38 analysis services if such services are
39 recommended by a health care or mental
40 health care practitioner authorized under
41 title eight of the education law who has
42 been designated as an applied behavior
43 analysis center of excellence provider by
44 the commissioner of health.
45 Notwithstanding any provision of law to the
46 contrary, the portion of this appropri-
47 ation covering fiscal year 2026-27 shall
48 supersede and replace any duplicative (i)
49 reappropriation for this item covering
50 fiscal year 2026-27, and (ii) appropri-
51 ation for this item covering fiscal year
52 2026-27 set forth in chapter 53 of the
53 laws of 2025 (26952) ....... [392,468,000] 784,936,000
54 For services and expenses of the medical
55 assistance program including pharmacy
56 services, provided, however, that no funds
S. 9883 33
1 shall be made available pursuant to this
2 appropriation for any drug not explicitly
3 authorized in any heretofore enacted law,
4 rule, or regulation without approval from
5 the director of the budget.
6 Notwithstanding any provision of law to the
7 contrary, the portion of this appropri-
8 ation covering fiscal year 2026-27 shall
9 supersede and replace any duplicative (i)
10 reappropriation for this item covering
11 fiscal year 2026-27, and (ii) appropri-
12 ation for this item covering fiscal year
13 2026-27 set forth in chapter 53 of the
14 laws of 2025 (26953) ....... [118,219,000] 236,438,000
15 For services and expenses of the medical
16 assistance program including transporta-
17 tion services.
18 Notwithstanding any provision of law to the
19 contrary, the portion of this appropri-
20 ation covering fiscal year 2026-27 shall
21 supersede and replace any duplicative (i)
22 reappropriation for this item covering
23 fiscal year 2026-27, and (ii) appropri-
24 ation for this item covering fiscal year
25 2026-27 set forth in chapter 53 of the
26 laws of 2025 (26954) ........ [15,882,000] 31,764,000
27 For services and expenses of the medical
28 assistance program including dental
29 services.
30 Notwithstanding any provision of law to the
31 contrary, the portion of this appropri-
32 ation covering fiscal year 2026-27 shall
33 supersede and replace any duplicative (i)
34 reappropriation for this item covering
35 fiscal year 2026-27, and (ii) appropri-
36 ation for this item covering fiscal year
37 2026-27 set forth in chapter 53 of the
38 laws of 2025 (26955) .......... [1,836,000] 3,672,000
39 For services and expenses of the medical
40 assistance program including noninstitu-
41 tional and other spending.
42 The money hereby appropriated is available
43 for payment of liabilities heretofore
44 accrued or hereafter accrued.
45 Notwithstanding any provision of law to the
46 contrary, the portion of this appropri-
47 ation covering fiscal year 2026-27 shall
48 supersede and replace any duplicative (i)
49 reappropriation for this item covering
50 fiscal year 2026-27, and (ii) appropri-
51 ation for this item covering fiscal year
52 2026-27 set forth in chapter 53 of the
53 laws of 2025 (26956) ....... [179,805,000] 359,610,000
54 Notwithstanding any inconsistent provision
55 of law, subject to the approval of the
56 director of the budget, upon submission of
S. 9883 34
1 an allocation adjustment from the commis-
2 sioner of health, the amount appropriated
3 herein, together with any available feder-
4 al matching funds, may be transferred or
5 suballocated to the office of mental
6 health, office of addiction services and
7 supports, office for people with develop-
8 mental disabilities, division of housing
9 and community renewal, New York state
10 housing trust fund corporation, and office
11 of temporary and disability assistance for
12 services and expenses related to providing
13 affordable housing. Any such spending
14 shall consider the geographical location
15 of the grants.
16 Notwithstanding any provision of law to the
17 contrary, the portion of this appropri-
18 ation covering fiscal year 2026-27 shall
19 supersede and replace any duplicative (i)
20 reappropriation for this item covering
21 fiscal year 2026-27, and (ii) appropri-
22 ation for this item covering fiscal year
23 2026-27 set forth in chapter 53 of the
24 laws of 2025 (29521) ........ [96,154,000] 192,308,000
25 --------------
26 § 11. Section 6 of chapter 98 of the laws of 2026, relating to making
27 appropriations for the support of government, as amended by chapter 100
28 of the laws of 2026, is amended to read as follows:
29 § 6. The amounts specified in this section, or so much thereof as
30 shall be sufficient to accomplish the purposes designated, is hereby
31 appropriated and authorized to be paid as hereinafter provided, to the
32 public officers and for the purposes specified, which amount shall be
33 available for the state fiscal year beginning April 1, 2026.
34 DEPARTMENT OF LABOR
35 AID TO LOCALITIES
36 UNEMPLOYMENT INSURANCE BENEFIT PROGRAM ...... [360,000,000] 540,000,000
37 --------------
38 Enterprise Funds
39 Unemployment Insurance Benefit Fund
40 Unemployment Insurance Benefit Account - 50650
41 For payment of unemployment insurance bene-
42 fits pursuant to article 18 of the labor
43 law or as authorized by the federal
44 government through the disaster unemploy-
45 ment assistance program, the emergency
46 unemployment compensation program, the
47 extended benefit program, the federal
48 additional compensation program or any
49 other federally funded unemployment bene-
50 fit program (34787) ......... [360,000,000] 540,000,000
S. 9883 35
1 --------------
2 § 12. Section 7 of chapter 98 of the laws of 2026, relating to making
3 appropriations for the support of government, as amended by chapter 100
4 of the laws of 2026, is amended to read as follows:
5 § 7. The amounts specified in this section, or so much thereof as
6 shall be sufficient to accomplish the purposes designated, is hereby
7 appropriated and authorized to be paid as hereinafter provided, to the
8 public officers and for the purposes specified, which amount shall be
9 available for the state fiscal year beginning April 1, 2026.
10 DEPARTMENT OF MENTAL HYGIENE
11 OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES
12 AID TO LOCALITIES
13 COMMUNITY SERVICES PROGRAM .................. [161,883,000] 305,253,000
14 --------------
15 General Fund
16 Local Assistance Account - 10000
17 For services and expenses of the community
18 services program, net of disallowances,
19 for community programs for people with
20 developmental disabilities pursuant to
21 article 41 of the mental hygiene law,
22 and/or chapter 620 of the laws of 1974,
23 chapter 660 of the laws of 1977, chapter
24 412 of the laws of 1981, chapter 27 of the
25 laws of 1987, chapter 729 of the laws of
26 1989, chapter 329 of the laws of 1993 and
27 other provisions of the mental hygiene
28 law. Notwithstanding any inconsistent
29 provision of law, the following appropri-
30 ation shall be net of prior and/or current
31 year refunds, rebates, reimbursements, and
32 credits.
33 Notwithstanding any other provision of law,
34 advances and reimbursement made pursuant
35 to subdivision (d) of section 41.15 and
36 section 41.18 of the mental hygiene law
37 shall be allocated pursuant to a plan and
38 in a manner prescribed by the agency head
39 and approved by the director of the budg-
40 et. The moneys hereby appropriated are
41 available to reimburse or advance locali-
42 ties and voluntary non-profit agencies for
43 expenditures made during local fiscal
44 periods commencing January 1, 2026, April
45 1, 2026 or July 1, 2026, and for advances
46 for the 3 month period beginning January
47 1, 2027.
48 Notwithstanding the provisions of article 41
49 of the mental hygiene law or any other
S. 9883 36
1 inconsistent provision of law, rule or
2 regulation, the commissioner, pursuant to
3 such contract and in the manner provided
4 therein, may pay all or a portion of the
5 expenses incurred by such voluntary agen-
6 cies arising out of loans which are funded
7 from the proceeds of bonds and notes
8 issued by the dormitory authority of the
9 state of New York.
10 Notwithstanding any other provision of law,
11 the money hereby appropriated may be
12 transferred to state operations and/or any
13 appropriation of the office for people
14 with developmental disabilities with the
15 approval of the director of the budget.
16 Notwithstanding any inconsistent provision
17 of law, moneys from this appropriation may
18 be used for state aid of up to 100 percent
19 of the net deficit costs of day training
20 programs and family support services.
21 Notwithstanding the provisions of section
22 16.23 of the mental hygiene law and any
23 other inconsistent provision of law, with
24 relation to the operation of certified
25 family care homes, including family care
26 homes sponsored by voluntary not-for-pro-
27 fit agencies, moneys from this appropri-
28 ation may be used for payments to purchase
29 general services including but not limited
30 to respite providers, up to a maximum of
31 14 days, at rates to be established by the
32 commissioner and approved by the director
33 of the budget in consideration of factors
34 including, but not limited to, geographic
35 area and number of clients cared for in
36 the home and for payment in an amount
37 determined by the commissioner for the
38 personal needs of each client residing in
39 the family care home.
40 Notwithstanding the provisions of subdivi-
41 sion 12 of section 8 of the state finance
42 law and any other inconsistent provision
43 of law, moneys from this appropriation may
44 be used for expenses of family care homes
45 including payments to operators of certi-
46 fied family care homes for damages caused
47 by clients to personal and real property
48 in accordance with standards established
49 by the commissioner and approved by the
50 director of the budget.
51 Notwithstanding any inconsistent provision
52 of law, moneys from this appropriation may
53 be used for appropriate day program
54 services and residential services includ-
55 ing, but not limited to, direct housing
56 subsidies to individuals, start-up
S. 9883 37
1 expenses for family care providers, envi-
2 ronmental modifications, adaptive technol-
3 ogies, appraisals, property options,
4 feasibility studies and preoperational
5 expenses.
6 Notwithstanding any inconsistent provision
7 of law except pursuant to a chapter of the
8 laws of 2025 authorizing a 2.6 percent
9 targeted inflationary increase, for the
10 period commencing on April 1, 2025 and
11 ending March 31, 2026 the commissioner
12 shall not apply any other inflationary
13 increases, cost of living type increases,
14 inflation factors, or trend factors for
15 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. 9883 38
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 and/or local share of medical
42 assistance services expenses incurred by
43 the department of health for the provision
44 of medical assistance services to people
45 with developmental disabilities (37835) ..
46 ............................ [140,004,000] 280,008,000
47 For services and expenses of the community
48 services program, net of disallowances,
49 for community programs for people with
50 developmental disabilities pursuant to
51 article 41 of the mental hygiene law,
52 and/or chapter 620 of the laws of 1974,
53 chapter 660 of the laws of 1977, chapter
54 412 of the laws of 1981, chapter 27 of the
55 laws of 1987, chapter 729 of the laws of
56 1989, chapter 329 of the laws of 1993 and
S. 9883 39
1 other provisions of the mental hygiene
2 law. Notwithstanding any inconsistent
3 provision of law, the following appropri-
4 ation shall be net of prior and/or current
5 year refunds, rebates, reimbursements, and
6 credits.
7 Notwithstanding any other provision of law,
8 advances and reimbursement made pursuant
9 to subdivision (d) of section 41.15 and
10 section 41.18 of the mental hygiene law
11 shall be allocated pursuant to a plan and
12 in a manner prescribed by the agency head
13 and approved by the director of the budg-
14 et. The moneys hereby appropriated are
15 available to reimburse or advance locali-
16 ties and voluntary non-profit agencies for
17 expenditures made during local fiscal
18 periods commencing January 1, 2026, April
19 1, 2026 or July 1, 2026, and for advances
20 for the 3 month period beginning January
21 1, 2027.
22 Notwithstanding the provisions of article 41
23 of the mental hygiene law or any other
24 inconsistent provision of law, rule or
25 regulation, the commissioner, pursuant to
26 such contract and in the manner provided
27 therein, may pay all or a portion of the
28 expenses incurred by such voluntary agen-
29 cies arising out of loans which are funded
30 from the proceeds of bonds and notes
31 issued by the dormitory authority of the
32 state of New York.
33 Notwithstanding any other provision of law,
34 the money hereby appropriated may be
35 transferred to state operations and/or any
36 appropriation of the office for people
37 with developmental disabilities with the
38 approval of the director of the budget.
39 Notwithstanding any inconsistent provision
40 of law, moneys from this appropriation may
41 be used for state aid of up to 100 percent
42 of the net deficit costs of day training
43 programs and family support services.
44 Notwithstanding the provisions of section
45 16.23 of the mental hygiene law and any
46 other inconsistent provision of law, with
47 relation to the operation of certified
48 family care homes, including family care
49 homes sponsored by voluntary not-for-pro-
50 fit agencies, moneys from this appropri-
51 ation may be used for payments to purchase
52 general services including but not limited
53 to respite providers, up to a maximum of
54 14 days, at rates to be established by the
55 commissioner and approved by the director
56 of the budget in consideration of factors
S. 9883 40
1 including, but not limited to, geographic
2 area and number of clients cared for in
3 the home and for payment in an amount
4 determined by the commissioner for the
5 personal needs of each client residing in
6 the family care home.
7 Notwithstanding the provisions of subdivi-
8 sion 12 of section 8 of the state finance
9 law and any other inconsistent provision
10 of law, moneys from this appropriation may
11 be used for expenses of family care homes
12 including payments to operators of certi-
13 fied family care homes for damages caused
14 by clients to personal and real property
15 in accordance with standards established
16 by the commissioner and approved by the
17 director of the budget.
18 Notwithstanding any inconsistent provision
19 of law, moneys from this appropriation may
20 be used for appropriate day program
21 services and residential services includ-
22 ing, but not limited to, direct housing
23 subsidies to individuals, start-up
24 expenses for family care providers, envi-
25 ronmental modifications, adaptive technol-
26 ogies, appraisals, property options,
27 feasibility studies and preoperational
28 expenses.
29 Notwithstanding any inconsistent provision
30 of law, moneys from this appropriation may
31 be used to fund continuity of care
32 services, family reimbursed respite, other
33 than personal services and direct housing
34 subsidies for people who are enrolled in
35 OPWDD's self-direction program, provided
36 any or all such costs are identified in a
37 self-direction budget approved by OPWDD.
38 Notwithstanding any inconsistent provision
39 of law except pursuant to a chapter of the
40 laws of 2025 authorizing a 2.6 percent
41 targeted inflationary increase, for the
42 period commencing on April 1, 2025 and
43 ending March 31, 2026 the commissioner
44 shall not apply any other inflationary
45 increases, cost of living type increases,
46 inflation factors, or trend factors for
47 the purpose of establishing rates of
48 payments, contracts or any other form of
49 reimbursement; provided that this shall
50 not prevent the commissioner from applying
51 prior adjustments for the purpose of
52 establishing rates resulting from a rebas-
53 ing of base year costs.
54 Notwithstanding section 6908 of the educa-
55 tion law and any other provision of law,
56 rule or regulation to the contrary, direct
S. 9883 41
1 support staff in programs certified or
2 approved by the office for people with
3 developmental disabilities, including the
4 home and community based services waiver
5 programs that the office for people with
6 developmental disabilities is authorized
7 to administer with federal approval pursu-
8 ant to subdivision (c) of section 1915 of
9 the federal social security act, are
10 authorized to provide such tasks as OPWDD
11 may specify when performed under the
12 supervision, training and periodic
13 inspection of a registered professional
14 nurse and in accordance with an authorized
15 practitioner's ordered care.
16 Notwithstanding any other provision of law
17 to the contrary, and consistent with
18 section 33.07 of the mental hygiene law,
19 the directors of facilities licensed but
20 not operated by the office for people with
21 developmental disabilities who act as
22 federally-appointed representative payees
23 and who assume management responsibility
24 over the funds of a resident may continue
25 to use such funds for the cost of the
26 resident's care and treatment, consistent
27 with federal law and regulations.
28 Funds appropriated herein shall be available
29 in accordance with the following:
30 Notwithstanding any other provision of law
31 to the contrary, funds appropriated herein
32 are available to reimburse in- and
33 out-of-state private residential schools,
34 pursuant to subdivision (c) of section
35 13.37-a and subdivision (g) of section
36 13.38 of the mental hygiene law, for costs
37 of supporting the residential and day
38 program services available to individuals
39 who are over the age of 21 years of age,
40 provided that the amount paid for residen-
41 tial services and/or maintenance costs is
42 net of any supplemental security income
43 benefit to which the individual receiving
44 services is eligible, and provided further
45 that funding for nonresidential services
46 will be in an amount not to exceed the
47 maximum reimbursement for appropriate day
48 services delivered by the office for
49 people with developmental disabilities
50 certified or approved providers other than
51 in- and out-of-state private residential
52 schools, unless otherwise authorized by
53 the director of the budget.
54 Notwithstanding section 163 of the state
55 finance law, section 142 of the economic
56 development law, and article 41 of the
S. 9883 42
1 mental hygiene law, the commissioner of
2 the office for people with developmental
3 disabilities may make the funds appropri-
4 ated herein available as state aid, a loan
5 or a grant, pursuant to terms and condi-
6 tions established by the commissioner of
7 the office for people with developmental
8 disabilities, to cover a portion of the
9 development costs of private, public
10 and/or non-profit organizations, including
11 corporations and partnerships established
12 pursuant to the private housing finance
13 law and/or any other statutory provisions,
14 for supportive housing units that have
15 been set aside for individuals with intel-
16 lectual and developmental disabilities.
17 Further, the office for people with devel-
18 opmental disabilities shall have a lien on
19 the real property developed with such
20 state aid, loans or grants, which shall be
21 in the amount of the loan or grant, for a
22 maximum term of 30 years, or other longer
23 term consistent with the requirements of
24 another regulatory agency.
25 For services and expenses related to the
26 provision of residential services to
27 people with developmental disabilities
28 (37802) ...................... [12,701,000] 14,655,000
29 For services and expenses related to the
30 provision of day program services to
31 people with developmental disabilities
32 (37803) ....................... [3,120,000] 3,600,000
33 For services and expenses related to the
34 provision of family support services to
35 people with developmental disabilities
36 (37804) ....................... [3,510,000] 4,050,000
37 For services and expenses related to the
38 provision of workshop, day training and
39 employment services to people with devel-
40 opmental disabilities. Notwithstanding any
41 other provision of law, up to [$29,900]
42 $34,500 of this appropriation may be
43 transferred to the New York State Educa-
44 tion Departments' Adult Career and Contin-
45 uing Education Services - Vocational Reha-
46 bilitation (ACCES-VR) program to support
47 the LongTerm Sheltered Employment program
48 operated by FEDCAP Rehabilitation
49 Services, Inc. (37805) ....... [2,028,000] 2,340,000
50 For other services and expenses provided to
51 people with developmental disabilities
52 including but not limited to hepatitis B,
53 care at home waiver, epilepsy services,
54 Special Olympics New York, Inc. and volun-
55 tary fingerprinting (37806) ..... [520,000] 600,000
56 --------------
S. 9883 43
1 § 13. Section 8 of chapter 98 of the laws of 2026, relating to making
2 appropriations for the support of government, as amended by chapter 100
3 of the laws of 2026, is amended to read as follows:
4 § 8. The amounts specified in this section, or so much thereof as
5 shall be sufficient to accomplish the purposes designated, is hereby
6 appropriated and authorized to be paid as hereinafter provided, to the
7 public officers and for the purposes specified, which amount shall be
8 available for the state fiscal year beginning April 1, 2026.
9 DEPARTMENT OF VETERANS' SERVICES
10 AID TO LOCALITIES
11 BLIND VETERAN ANNUITY ASSISTANCE PROGRAM ....................... 385,000
12 --------------
13 General Fund
14 Local Assistance Account - 10000
15 For payment of annuities to blind veterans
16 and eligible surviving spouses. Up to
17 $15,000 of this appropriation may be
18 transferred to state operations for admin-
19 istrative costs associated with this
20 program (54606) ................................ 385,000
21 --------------
22 VETERANS' BENEFITS ADVISING PROGRAM .............. [78,000] 90,000
23 --------------
24 Special Revenue Funds - Other
25 Homeless Veterans Assistance Fund
26 Homeless Veterans Assistance Account - 20204
27 For services and expenses related to home-
28 less veterans' housing (54815) ... [78,000] 90,000
29 --------------
30 § 14. No expenditure may be made from any appropriation in this act,
31 until a certificate of approval has been issued by the director of the
32 budget and a copy of such certificate shall have been filed with the
33 state comptroller, the chairman of the senate finance committee and the
34 chairman of the assembly ways and means committee provided, however,
35 that any expenditures from any appropriation in this act made by the
36 legislature or judiciary shall not require such certificate.
37 § 15. All expenditures and disbursements made against the appropri-
38 ations in this act shall, upon final action by the legislature on appro-
39 priation bills submitted by the governor pursuant to article VII of the
40 state constitution for the support of government for the state fiscal
41 year beginning April 1, 2026, be transferred by the comptroller as
42 expenditures and disbursements to such appropriations for all state
43 departments and agencies, as applicable, in amounts equal to the amounts
44 charged against the appropriations in this act for each such department,
45 agency, and the legislature and the judiciary.
S. 9883 44
1 § 16. Severability clause. If any clause, sentence, paragraph, subdi-
2 vision, section or part of this act shall be adjudged by any court of
3 competent jurisdiction to be invalid, such judgment shall not affect,
4 impair, or invalidate the remainder thereof, but shall be confined in
5 its operation to the clause, sentence, paragraph, subdivision, section
6 or part thereof directly involved in the controversy in which such judg-
7 ment shall have been rendered. It is hereby declared to be the intent of
8 the legislature that this act would have been enacted even if such
9 invalid provisions had not been included herein.
10 § 17. This act shall take effect immediately and shall be deemed to
11 have been in full force and effect on and after April 1, 2026; provided,
12 however, that upon the transfer of expenditures and disbursements by the
13 comptroller as provided in section fifteen of this act, the appropri-
14 ations made by this act and subject to such section shall be deemed
15 repealed.
