S07605 Summary:

BILL NOS07605
 
SAME ASSAME AS UNI. A10847
 
SPONSORRULES
 
COSPNSR
 
MLTSPNSR
 
Amd SS2 - 7, Chap 20 of 2010; amd S6, Chap 46 of 2010
 
Provides for emergency appropriation for the period April 1, 2010 through May 2, 2010.
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S07605 Actions:

BILL NOS07605
 
04/26/2010REFERRED TO FINANCE
04/26/2010REPORTED AND COMMITTED TO RULES
04/26/2010ORDERED TO THIRD READING CAL.424
04/26/2010SUBSTITUTED BY A10847
 A10847 AMEND= Rules
 04/26/2010referred to ways and means
 04/26/2010reported referred to rules
 04/26/2010reported
 04/26/2010rules report cal.35
 04/26/2010ordered to third reading rules cal.35
 04/26/2010message of necessity - appropriation
 04/26/2010message of necessity - 3 day message
 04/26/2010passed assembly
 04/26/2010delivered to senate
 04/26/2010REFERRED TO FINANCE
 04/26/2010SUBSTITUTED FOR S7605
 04/26/20103RD READING CAL.424
 04/26/2010MESSAGE OF NECESSITY - APPROPRIATION
 04/26/2010MESSAGE OF NECESSITY - 3 DAY MESSAGE
 04/26/2010PASSED SENATE
 04/26/2010RETURNED TO ASSEMBLY
 04/26/2010delivered to governor
 04/26/2010signed chap.47
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S07605 Floor Votes:

There are no votes for this bill in this legislative session.
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S07605 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 7605                                                 A. 10847
 
                SENATE - ASSEMBLY
 
                                     April 26, 2010
                                       ___________
 
        IN  SENATE  --  Introduced  by  COMMITTEE ON RULES -- (at request of the
          Governor) -- read twice and ordered printed, and when  printed  to  be
          committed to the Committee on Finance
 
        IN  ASSEMBLY  --  Introduced by COMMITTEE ON RULES -- (at request of the
          Governor) -- read once and referred to the Committee on Ways and Means
 

        AN ACT making appropriations for the support  of  government;  to  amend
          chapter  20 of the laws of 2010, relating to making appropriations for
          the support of government; and to amend chapter  46  of  the  laws  of
          2010, relating to making appropriations for the support of government
 
          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, 2010 are enacted.
 

     8    §  2.  Section 2 of chapter 20 of the laws of 2010, relating to making
     9  appropriations for the support of government, as amended by  chapter  46
    10  of the laws of 2010, is amended to read as follows:
    11    §  2.  The  sum  of  [eight]  nine  hundred [twenty-five] eighty-seven
    12  million  four  hundred  [forty-six]   seventy-three   thousand   dollars
    13  [($825,446,000)]  ($987,473,000),  or so much thereof as shall be suffi-
    14  cient to accomplish the purpose designated, is hereby  appropriated  and
    15  authorized  to  be  paid as hereinafter provided, to the public officers
    16  and for the purposes specified, which amount shall be available for  the
    17  state fiscal year beginning April 1, 2010.
 
    18                     ALL STATE DEPARTMENTS AND AGENCIES
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12217-01-0

        S. 7605                             2                           A. 10847
 
     1  For  the  purpose  of  making  payments  for
     2    personal  service,  including  liabilities
     3    incurred  prior  to  April 1, 2010, on the
     4    payrolls scheduled to be paid  during  the
     5    period  April  1 through [April 28] May 6,
     6    2010 to state officers  and  employees  of
     7    the executive branch, including the gover-
     8    nor,  lieutenant governor, comptroller and
     9    attorney general; to officers and  employ-
    10    ees  of the judiciary; and to officers and
    11    employees of  the  legislature,  including

    12    payments  to the members of the senate and
    13    assembly under sections 5 and 5-a  of  the
    14    legislative law; and payments for services
    15    performed  by  mentally  ill  or  develop-
    16    mentally disabled persons who are employed
    17    in  state-operated   special   employment,
    18    work-for-pay    or    sheltered   workshop
    19    programs; consistent  with  section  8  of
    20    part  A of chapter 10 of the laws of 2008,
    21    section 3 of chapter 114 of  the  laws  of
    22    2008  and  section  4 of chapter 49 of the
    23    laws  of  2008,  and  notwithstanding  any
    24    contrary   provision   of  law,  including
    25    provisions of  article  14  of  the  civil
    26    service   law   or  collective  bargaining
    27    agreement entered into by the state pursu-
    28    ant thereto, the amounts  to  be  paid  to
    29    state officers and employees of the execu-

    30    tive branch for personal service shall not
    31    be based on amounts applicable pursuant to
    32    subparagraph  (4) of paragraph a of subdi-
    33    vision 1, subparagraph (4) of paragraph  c
    34    of  subdivision  1, or subparagraph (4) of
    35    paragraph e of subdivision  1  of  section
    36    130  of the civil service law; or subpara-
    37    graph (4) of paragraph a of subdivision 2,
    38    or subparagraph  (8)  of  paragraph  a  of
    39    subdivision 2 of section 215 of the execu-
    40    tive law; or subparagraph (4) of paragraph
    41    a  of  subdivision 2 of section 216 of the
    42    executive law, insofar  as  such  subpara-
    43    graphs   provide   for  a  general  salary
    44    increase of four percent ... [825,446,000]   987,473,000
    45                                ==============
 
    46    § 3. Section 3 of chapter 20 of the laws of 2010, relating  to  making

    47  appropriations  for  the support of government, as amended by chapter 46
    48  of the laws of 2010, is amended to read as follows:
    49    § 3. The sum of [seventy-six] ninety-two million [three]  one  hundred
    50  [eighty-one]  fifty-one  thousand dollars [($76,381,000)] ($92,151,000),
    51  or so much thereof as shall be  sufficient  to  accomplish  the  purpose
    52  designated, is hereby appropriated out of any moneys in the general fund
    53  to  the  credit of the state purposes account not otherwise appropriated
    54  for the purpose of paying to the social security contribution fund,  the
    55  state's share, as employer, of the payroll tax for payrolls scheduled to

        S. 7605                             3                           A. 10847
 

     1  be  paid  during  the  period  April  1  through [April 28] May 6, 2010,
     2  including liabilities incurred prior to April 1, 2010 ..................
     3  ............................................. [76,381,000]    92,151,000
     4                                              ==============
 
     5    §  4.  Section 4 of chapter 20 of the laws of 2010, relating to making
     6  appropriations for the support of government, as amended by  chapter  46
     7  of the laws of 2010, is amended to read as follows:
     8    §  4.  The sum of [fifty-two] fifty-three thousand dollars [($52,000)]
     9  ($53,000), or so much thereof as shall be sufficient to  accomplish  the
    10  purpose  designated,  is  hereby  appropriated  out of any moneys in the
    11  general fund to the credit of the state purposes account  not  otherwise

    12  appropriated  for payments to the teachers insurance and annuity associ-
    13  ation and college retirement equities fund associated  with  individuals
    14  working  in  the  education  department,  the  higher education services
    15  corporation, and the state university of  New  York  construction  fund.
    16  Notwithstanding  any  other provisions of law to the contrary, the comp-
    17  troller is hereby authorized and directed to utilize this  appropriation
    18  for the purpose of making scheduled teachers insurance and annuity asso-
    19  ciation and college retirement equities fund payments ..................
    20  ........................................................ [52,000] 53,000
    21                                                     ==============
 
    22    §  5.  Section 5 of chapter 20 of the laws of 2010, relating to making
    23  appropriations for the support of government, as amended by  chapter  46

    24  of the laws of 2010, is amended to read as follows:
    25    § 5. The amount specified in this section, or so much thereof as shall
    26  be  sufficient to accomplish the purpose designated, is hereby appropri-
    27  ated and authorized to be paid as hereinafter provided,  to  the  public
    28  officers and for the purposes specified, which amount shall be available
    29  for the state fiscal year beginning April 1, 2010.
 
    30                     ALL STATE DEPARTMENTS AND AGENCIES
 
    31  For  the payment of state operations nonper-
    32    sonal service liabilities,  including  the
    33    legislature,   incurred  in  the  ordinary
    34    course  of  business,  during  the  period
    35    April  1  through  [April 25] May 2, 2010,
    36    pursuant to existing  state  law  and  for
    37    purposes for which the legislature author-
    38    ized  the expenditure of moneys during the

    39    2009-2010  state  fiscal  year;  provided,
    40    however,  that  nothing  contained  herein
    41    shall be deemed to limit or  restrict  the
    42    power or authority of state departments or
    43    agencies  to  conduct  their activities or
    44    operations  in  accordance  with  existing
    45    law,  and  further  provided  that nothing
    46    contained herein shall be deemed to super-
    47    sede, nullify or modify the provisions  of
    48    section   40  of  the  state  finance  law
    49    prescribing when appropriations  made  for
    50    the 2009-2010 state fiscal year shall have
    51    ceased to have force and effect ..........

        S. 7605                             4                           A. 10847
 
     1    ............................. [55,000,000]    65,000,000
     2                                ==============
 

     3    §  6.  Section 6 of chapter 46 of the laws of 2010, relating to making
     4  appropriations for the support of government,  is  amended  to  read  as
     5  follows:
     6    § 6. The amount specified in this section, or so much thereof as shall
     7  be  sufficient to accomplish the purpose designated, is hereby appropri-
     8  ated and authorized to be paid as hereinafter provided to the respective
     9  public officers and for the purpose specified,  which  amount  shall  be
    10  available for the state fiscal year beginning April 1, 2010.
 
    11                                THE JUDICIARY
 
    12    For  the  payment of state operations nonpersonal service liabilities,
    13  the  sum  of  [ten]   thirty-seven   million   dollars   [($10,000,000)]
    14  ($37,000,000),  or  so much thereof as shall be sufficient to accomplish

    15  the purpose designated, is hereby appropriated to the judiciary  out  of
    16  any  moneys  in  the  general  fund  to the credit of the state purposes
    17  account not otherwise appropriated. The comptroller is hereby authorized
    18  and directed to utilize this appropriation for  the  purpose  of  making
    19  payments  for  nonpersonal service liabilities incurred by the judiciary
    20  from April 1 through [April 25] May 2, 2010 ............................
    21  ................................................ [10,000,000] 37,000,000
    22                                                 ==============
 
    23    § 7. Section 6 of chapter 20 of the laws of 2010, relating  to  making
    24  appropriations  for  the support of government, as amended by chapter 46
    25  of the laws of 2010, is amended to read as follows:

    26    § 6. The amount specified in this section, or so much thereof as shall
    27  be sufficient to accomplish the purpose designated, is hereby  appropri-
    28  ated  and  authorized  to be paid as hereinafter provided, to the public
    29  officers and for the purposes specified, which amount shall be available
    30  for the state fiscal year beginning April 1, 2010.
 
    31  AMERICAN RECOVERY AND REINVESTMENT ACT (CCP) ... ............ 80,000,000
    32                                                            --------------
 
    33    Federal Capital Projects Fund - 291
    34    American Recovery and Reinvestment Act Purpose
 
    35    The sum of forty million dollars ($40,000,000), or so much thereof  as
    36  shall  be  sufficient  to  accomplish  the purpose designated, is hereby
    37  appropriated for contracts approved prior  to  April  1,  2010  for  the
    38  payment  by  the  state  of  the federal share of transportation related

    39  capital projects liabilities funded by the American Recovery  and  Rein-
    40  vestment  Act  of  2009 incurred in the ordinary course of business from
    41  April 1 through [April 25] May 2, 2010, pursuant to existing  state  law
    42  and  for  purposes for which the legislature authorized the expenditures
    43  of money during the 2009-2010 fiscal year; provided, however, that noth-
    44  ing contained herein shall be deemed to limit or restrict the  power  or
    45  authority  of  state departments or agencies to conduct their activities
    46  or operations in accordance with existing law, and further provided that
    47  nothing contained herein shall be deemed to supersede, nullify, or modi-
    48  fy the provisions of section 40 of the  state  finance  law  prescribing
    49  when appropriations made for the 2009-2010 fiscal year shall have ceased


        S. 7605                             5                           A. 10847
 
     1  to  have force and effect. Funds appropriated herein shall be subject to
     2  all applicable reporting and accountability  requirements  contained  in
     3  such act .................................................... 40,000,000
     4                                                            ==============
 
     5    The  sum of forty million dollars ($40,000,000), or so much thereof as
     6  shall be sufficient to accomplish  the  purpose  designated,  is  hereby
     7  appropriated  for contracts approved for purposes for which the legisla-
     8  ture authorized the expenditures of money during  the  2009-2010  fiscal
     9  year.  An  amount  up  to  forty  million dollars ($40,000,000) shall be
    10  available for the payment by the state of the federal share  of  related
    11  transportation  capital  projects  liabilities,  funded  by the American

    12  Recovery and Reinvestment Act of 2009 incurred in the ordinary course of
    13  business during the period from April 1 through [April 25] May  2,  2010
    14  for  contracts approved during the period April 1 through [April 25] May
    15  2, 2010, provided, however,  that  nothing  contained  herein  shall  be
    16  deemed  to limit or restrict the power or authority of state departments
    17  or agencies to conduct their activities or operations in accordance with
    18  existing law, and further provided that nothing contained  herein  shall
    19  be  deemed to supersede, nullify, or modify the provisions of section 40
    20  of the state finance law prescribing when appropriations  made  for  the
    21  2009-2010  fiscal year shall have ceased to have force and effect. Funds
    22  appropriated herein shall be subject to  all  applicable  reporting  and

    23  accountability requirements contained in such act ........... 40,000,000
    24                                                            ==============
 
    25    §  8.  Section 7 of chapter 20 of the laws of 2010, relating to making
    26  appropriations for the support of government, as amended by  chapter  46
    27  of the laws of 2010, is amended to read as follows:
    28    § 7. The amount specified in this section, or so much thereof as shall
    29  be  sufficient to accomplish the purpose designated, is hereby appropri-
    30  ated and authorized to be paid as hereinafter provided,  to  the  public
    31  officers and for the purposes specified, which amount shall be available
    32  for the state fiscal year beginning April 1, 2010.
 
    33    The  sum  of  ten million dollars ($10,000,000), or so much thereof as
    34  shall be sufficient to accomplish  the  purpose  designated,  is  hereby

    35  appropriated  for  contracts  approved in accordance with section 112 of
    36  the state finance law for purposes for which the legislature  authorized
    37  the expenditures of money during the 2009-2010 fiscal year. An amount up
    38  to  ten million dollars ($10,000,000) shall be available for the payment
    39  of capital projects  liabilities,  including  any  contractual  services
    40  liabilities  of the engineering services fund, incurred to address emer-
    41  gency health and safety needs as certified by  the  director  of  budget
    42  during  the  period  from  April  1  through  [April 25] May 2, 2010 for
    43  contracts approved during the period April 1 through [April 25]  May  2,
    44  2010,  provided,  however, that nothing contained herein shall be deemed
    45  to limit or restrict the power or  authority  of  state  departments  or

    46  agencies  to  conduct  their activities or operations in accordance with
    47  existing law, and further provided that nothing contained  herein  shall
    48  be  deemed to supersede, nullify, or modify the provisions of section 40
    49  of the state finance law prescribing when appropriations  made  for  the
    50  2009-2010 fiscal year shall have ceased to have force and effect .......
    51  ............................................................. 10,000,000
    52                                                            ==============

        S. 7605                             6                           A. 10847
 
     1    § 9. The amount specified in this section, or so much thereof as shall
     2  be  sufficient to accomplish the purpose designated, is hereby appropri-
     3  ated and authorized to be paid as hereinafter provided,  to  the  public

     4  officers and for the purposes specified, which amount shall be available
     5  for the state fiscal year beginning April 1, 2010.
 
     6                        DEPARTMENT OF TRANSPORTATION
 
     7  FEDERAL AID HIGHWAYS FEDERAL PURPOSE ........................ 40,000,000
     8                                                            --------------
 
     9    Federal Capital Projects Fund - 291
    10    Federal Aid Highways Purpose
 
    11    The  sum of forty million dollars ($40,000,000), or so much thereof as
    12  shall be sufficient to accomplish  the  purpose  designated,  is  hereby
    13  appropriated  for  contracts  approved  prior  to  April 1, 2010 for the
    14  payment by the state of the  federal  share  of  transportation  related
    15  capital  projects  liabilities as provided for in the Safe, Accountable,
    16  Flexible, Efficient Transportation Equity Act: A Legacy  for  Users  and

    17  any  successive  legislation incurred in the ordinary course of business
    18  from April 1 through May 2, 2010, for projects that do not  contain  any
    19  state  funding  shares,  pursuant to existing state law and for purposes
    20  for which the legislature authorized the expenditures  of  money  during
    21  the  2009-2010  fiscal  year;  provided, however, that nothing contained
    22  herein shall be deemed to limit or restrict the power  or  authority  of
    23  state  departments or agencies to conduct their activities or operations
    24  in accordance with existing  law,  and  further  provided  that  nothing
    25  contained  herein  shall  be deemed to supersede, nullify, or modify the
    26  provisions of section 40 of  the  state  finance  law  prescribing  when
    27  appropriations  made  for the 2009-2010 fiscal year shall have ceased to
    28  have force and effect. Funds appropriated herein shall not be  available

    29  for the payment of liabilities funded by the American Recovery and Rein-
    30  vestment Act of 2009  ....................................... 40,000,000
    31                                                            ==============
 
    32    §  10.  The  amount  specified  in this section, or so much thereof as
    33  shall be sufficient to accomplish the  purposes  designated,  is  hereby
    34  appropriated  and  authorized to be paid as hereinafter provided, to the
    35  respective public officers and for the several purposes specified, which
    36  amount shall be available for the state fiscal year beginning  April  1,
    37  2010.
 
    38                            EDUCATION DEPARTMENT
 
    39  ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION PROGRAM .........
    40    ........................................................ 2,574,086,000
    41                                                            --------------
 

    42    General Fund / Aid to Localities
    43    Local Assistance Account - 001
 
    44    The    sum  of  two billion five-hundred seventy-three million dollars
    45  ($2,573,000,000), or so much thereof as shall be  sufficient  to  accom-
    46  plish the purpose designated, is hereby appropriated to the state educa-
    47  tion  department  out of any moneys in the general fund to the credit of

        S. 7605                             7                           A. 10847
 
     1  the local assistance account not otherwise appropriated. The comptroller
     2  is hereby authorized and directed to utilize this appropriation for  the
     3  purpose  of making mandated payments for the state fiscal year beginning
     4  April  1,  2010  for  the  2009-2010 school year for general support for
     5  public schools, including support for excess cost aid payments .........

     6  .......................................................... 2,573,000,000
     7                                                            ==============
 
     8  The sum of one million eighty-six  thousand  ($1,086,000),  or  so  much
     9    thereof  as  shall be sufficient to accomplish the purpose designated,
    10    is hereby appropriated to the state education department  out  of  any
    11    moneys  in  the  general  fund  to  the credit of the local assistance
    12    account not otherwise appropriated. The comptroller is hereby  author-
    13    ized  and  directed to utilize this appropriation for advances to HURD
    14    city school districts pursuant to the provisions of chapter 280 of the
    15    laws of 1978 ............................................... 1,086,000
    16                                                            ==============
 
    17    § 11. The several amounts specified in this section, or so much there-

    18  of as shall be sufficient to accomplish  the  purposes  designated,  are
    19  hereby  appropriated  and authorized to be paid as hereinafter provided,
    20  to the respective public officers and for the  several  purposes  speci-
    21  fied,  which amounts shall be available for the state fiscal year begin-
    22  ning April 1, 2010.
 
    23                            DEPARTMENT OF HEALTH
 
    24  MEDICAL ASSISTANCE PROGRAM ............................... 2,516,100,000
    25                                                            --------------
 
    26    General Fund / Aid to Localities
    27    Local Assistance Account - 001
 
    28  For the medical assistance  program,  exclu-
    29    sive   of   expenses   incurred  by  local
    30    districts  for   administration   of   the
    31    medical assistance program and for medical
    32    care rates for authorized child care agen-
    33    cies.
    34  The  money  hereby  appropriated  is  to  be

    35    available for payment  of  aid  heretofore
    36    accrued  to municipalities, and to provid-
    37    ers  of  medical  services   pursuant   to
    38    section  367-b of the social services law,
    39    and for payment of state  aid  to  munici-
    40    palities  and  to providers of family care
    41    where payment systems through  the  fiscal
    42    intermediaries  are  not  operational, and
    43    shall be available to the  department  net
    44    of disallowances, refunds, reimbursements,
    45    and credits.
    46  Notwithstanding  any  inconsistent provision
    47    of law, moneys hereby appropriated may  be
    48    used  for  transfer to the federal revenue
    49    maximization contract  fund,  pursuant  to
    50    the provisions of the state finance law.

        S. 7605                             8                           A. 10847
 
     1  Notwithstanding  any  inconsistent provision

     2    of law, the moneys hereby appropriated may
     3    be increased or decreased  by  interchange
     4    with  any  appropriation of the department
     5    of   health  medical  assistance  adminis-
     6    tration program and/or medical  assistance
     7    program, and may be increased or decreased
     8    by transfer or suballocation between these
     9    appropriated amounts and appropriations of
    10    the  department  of social services or its
    11    successor agencies with  the  approval  of
    12    the director of the budget, who shall file
    13    such approval with the department of audit
    14    and  control  and  copies thereof with the
    15    chairman of the senate  finance  committee
    16    and  the chairman of the assembly ways and
    17    means committee.
    18  Notwithstanding any  inconsistent  provision
    19    of  law,  the  money  hereby  appropriated
    20    shall not be used for any existing  rates,

    21    fees,  fee  schedules, or procedures which
    22    may affect the cost of care  and  services
    23    provided  by personal care providers, case
    24    managers,  health  maintenance   organiza-
    25    tions,  out  of  state  medical facilities
    26    which provide care and services  to  resi-
    27    dents of the state, providers of transpor-
    28    tation   services,   that   are   altered,
    29    amended, adjusted or otherwise changed  by
    30    a  local  social  services district unless
    31    previously approved by the  department  of
    32    health and the director of the budget.
    33  For  services  and  expenses  of the medical
    34    assistance  program   including   hospital
    35    inpatient services .......................... 82,000,000
    36  For  services  and  expenses  of the medical
    37    assistance  program   including   hospital
    38    outpatient and emergency room services ...... 15,000,000

    39  For  services  and  expenses  of the medical
    40    assistance   program   including    clinic
    41    services .................................... 14,000,000
    42  For  services  and  expenses  of the medical
    43    assistance program including nursing  home
    44    services ................................... 148,000,000
    45  For  services  and  expenses  of the medical
    46    assistance program  including  other  long
    47    term care services ......................... 111,000,000
    48  For  services  and  expenses  of the medical
    49    assistance program including managed  care
    50    services ................................... 124,000,000
    51  For  services  and  expenses  of the medical
    52    assistance  program   including   pharmacy
    53    services .................................... 65,000,000
    54  For  services  and  expenses  of the medical
    55    assistance program  including  transporta-

    56    tion services ................................ 6,000,000

        S. 7605                             9                           A. 10847
 
     1  For  services  and  expenses  of the medical
     2    assistance    program   including   dental
     3    services ..................................... 3,000,000
     4  For services and  expenses  of  the  medical
     5    assistance  program including non-institu-
     6    tional and other spending ................... 32,000,000
     7  For services and  expenses  of  the  medical
     8    assistance   program   including   medical
     9    services  provided  at  state   facilities
    10    operated  by  the office of mental health,
    11    the  office  of  mental  retardation   and
    12    developmental  disabilities and the office
    13    of alcoholism and substance abuse services
    14    ............................................ 400,000,000

    15                                              --------------
    16      Program account subtotal ............... 1,000,000,000
    17                                              --------------
 
    18    Special Revenue Funds - Federal / Aid to Localities
    19    Federal Health, Education and Human Services Fund - 265
    20    Medicaid Direct Account
 
    21  For services and expenses  for  the  medical
    22    assistance  program, excluding administra-
    23    tive expenses, pursuant to  title  XIX  of
    24    the  federal  social  security  act or its
    25    successor program.
    26  The moneys hereby  appropriated  are  to  be
    27    available  for  payment  of aid heretofore
    28    accrued to municipalities, and to  provid-
    29    ers   of   medical  services  pursuant  to
    30    section 367-b of the social services  law,
    31    and  for  payment  of state aid to munici-
    32    palities and to providers of  family  care

    33    where  payment  systems through the fiscal
    34    intermediaries are  not  operational,  and
    35    shall  be  available to the department net
    36    of disallowances, refunds, reimbursements,
    37    and credits.
 
    38  For services and  expenses  of  the  medical
    39    assistance   program   including  hospital
    40    inpatient services .......................... 90,000,000
    41  For services and  expenses  of  the  medical
    42    assistance   program   including  hospital
    43    outpatient and emergency room services ...... 15,000,000
    44  For services and  expenses  of  the  medical
    45    assistance    program   including   clinic
    46    services .................................... 15,000,000
    47  For services and  expenses  of  the  medical
    48    assistance  program including nursing home
    49    services ................................... 163,000,000
    50  For services and  expenses  of  the  medical

    51    assistance  program  including  other long
    52    term care services ......................... 123,000,000
    53  For services and  expenses  of  the  medical

        S. 7605                            10                           A. 10847
 
     1    assistance  program including managed care
     2    services ................................... 137,000,000
     3  For  services  and  expenses  of the medical
     4    assistance  program   including   pharmacy
     5    services .................................... 72,000,000
     6  For  services  and  expenses  of the medical
     7    assistance program  including  transporta-
     8    tion services ................................ 6,000,000
     9  For  services  and  expenses  of the medical
    10    assistance   program   including    dental
    11    services ..................................... 4,000,000
    12  For  services  and  expenses  of the medical

    13    assistance program including  non-institu-
    14    tional and other spending ................... 35,000,000
    15  For  services  and  expenses  of the medical
    16    assistance   program   including   medical
    17    services   provided  at  state  facilities
    18    operated by the office of  mental  health,
    19    the   office  of  mental  retardation  and
    20    developmental disabilities and the  office
    21    of alcoholism and substance abuse services
    22    ............................................ 500,000,000
    23                                              --------------
    24      Program account subtotal ............... 1,160,000,000
    25                                              --------------
 
    26    Special Revenue Funds - Federal / Aid to Localities
    27    Federal Health and Human Services Fund - 265
    28    Medicaid Direct Account
 
    29  For  services  and  expenses  of the medical

    30    assistance  program   including   hospital
    31    inpatient,  hospital  outpatient and emer-
    32    gency room, clinic,  nursing  home,  other
    33    long  term  care,  managed care, pharmacy,
    34    transportation, dental,  non-institutional
    35    and   other   spending,  medical  services
    36    provided at state facilities  operated  by
    37    the office of mental health, the office of
    38    mental retardation and developmental disa-
    39    bilities  and the office of alcoholism and
    40    substance abuse services and for any other
    41    medical assistance services resulting from
    42    an increase in the federal medical assist-
    43    ance percentage ............................ 190,000,000
    44                                              --------------
    45      Program account subtotal ................. 190,000,000
    46                                              --------------
 

    47    Special Revenue Funds - Other / Aid to Localities
    48    HCRA Resources Fund - 061
    49    Medical Assistance Account
 
    50  For the  purpose  of  making  payments,  the
    51    money hereby appropriated is available for
    52    payment of aid heretofore accrued or here-

        S. 7605                            11                           A. 10847
 
     1    after  accrued,  to  providers  of medical
     2    care pursuant  to  section  367-b  of  the
     3    social  services  law,  and for payment of
     4    state aid to municipalities and the feder-
     5    al   government   where   payment  systems
     6    through  fiscal  intermediaries  are   not
     7    operational,  to  reimburse such providers
     8    for costs attributable to the provision of
     9    care  to  patients  eligible  for  medical
    10    assistance.
    11  For  services  and  expenses  related to the

    12    medical assistance program .................. 38,000,000
    13  For services and  expenses  of  the  medical
    14    assistance  program  related  to providing
    15    distributions  for  supplemental   medical
    16    insurance  for  medicare  part B premiums,
    17    physician services,  outpatient  services,
    18    medical   equipment,  supplies  and  other
    19    health services ............................. 22,700,000
    20                                              --------------
    21      Program account subtotal .................. 60,700,000
    22                                              --------------
 
    23    Special Revenue Funds - Other / Aid to Localities
    24    HCRA Resources Fund - 061
    25    Indigent Care Account
 
    26  For  the  purpose  of  making  payments   to
    27    providers  of  medical  care  pursuant  to
    28    section 367-b of the social services  law,
    29    and  for  payment  of state aid to munici-

    30    palities  where  payment  systems  through
    31    fiscal intermediaries are not operational,
    32    to  reimburse  such  providers  for  costs
    33    attributable to the provision of  care  to
    34    patients  eligible for medical assistance.
    35    Payments from this appropriation to gener-
    36    al hospitals related to bad debt and char-
    37    ity care pursuant to  article  28  of  the
    38    public   health   law  respectively,  when
    39    combined with federal funds  for  services
    40    and  expenses  for  the medical assistance
    41    program  pursuant  to  title  XIX  of  the
    42    federal social security act or its succes-
    43    sor program, shall equal the amount of the
    44    funds  received  related  to  bad debt and
    45    charity  care  allowances  and  surcharges
    46    pursuant  to  article  28  of  the  public
    47    health law and deposited to  this  account

    48    less any such amounts withheld pursuant to
    49    subdivision  21  of  section 2807-c of the
    50    public health law .......................... 105,400,000
    51                                              --------------
    52      Program account subtotal ................. 105,400,000
    53                                              --------------

        S. 7605                            12                           A. 10847
 
     1    § 12. The amount specified in this section,  or  so  much  thereof  as
     2  shall  be  sufficient  to  accomplish the purposes designated, is hereby
     3  appropriated and authorized to be paid as hereinafter provided,  to  the
     4  respective public officers and for the several purposes specified, which
     5  amount  shall  be available for the state fiscal year beginning April 1,
     6  2010.
 
     7                             DEPARTMENT OF LABOR
 

     8  UNEMPLOYMENT INSURANCE BENEFIT PROGRAM ..................... 202,000,000
     9                                                            --------------
    10    Enterprise Funds / State Operations
    11    Unemployment Insurance Benefit Fund - 481
 
    12  For payment of unemployment insurance  bene-
    13    fits  pursuant  to article 18 of the labor
    14    law  or  as  authorized  by  the   Federal
    15    government  through the disaster unemploy-
    16    ment assistance program .................... 202,000,000
    17                                              --------------
 
    18    § 13.  The amount specified in this section, or  so  much  thereof  as
    19  shall  be  sufficient  to  accomplish  the purpose designated, is hereby
    20  appropriated and authorized to be paid as hereinafter provided,  to  the
    21  public  officers  and  for the purposes specified, which amount shall be

    22  available for the state fiscal year beginning April 1, 2010.
 
    23                        DIVISION OF VETERANS' AFFAIRS
 
    24  ADMINISTRATION PROGRAM ........................................... 2,000
    25                                                            --------------
 
    26    General Fund / Aid to Localities
    27    Local Assistance Account - 001
 
    28  For payment of supplemental burial  benefits
    29    to eligible families of military personnel
    30    killed  in  combat,  pursuant  to  section
    31    354-b of the executive law, and for trans-
    32    fer of such amounts as  are  necessary  to
    33    state  operations  for related administra-
    34    tive expenses .................................... 2,000
    35                                              --------------
 
    36    § 14. No expenditure may be made from any appropriation in  this  act,

    37  until  a  certificate of approval has been issued by the director of the
    38  budget and a copy of such certificate shall have  been  filed  with  the
    39  state  comptroller, the chairman of the senate finance committee and the
    40  chairman of the assembly ways and  means  committee  provided,  however,
    41  that  any  expenditures  from  any appropriation in this act made by the
    42  legislature or judiciary shall not require such certificate.
 
    43    § 15. All expenditures and disbursements made  against  the  appropri-
    44  ations in this act shall, upon final action by the legislature on appro-
    45  priation  bills submitted by the governor pursuant to article VII of the
    46  state constitution for the support of government for  the  state  fiscal

        S. 7605                            13                           A. 10847
 

     1  year  beginning  April  1,  2010,  be  transferred by the comptroller as
     2  expenditures and disbursements to  such  appropriations  for  all  state
     3  departments, agencies, the legislature and the judiciary, as applicable,
     4  in  amounts  equal  to the amounts charged against the appropriations in
     5  this act for each such department, agency, the legislature and the judi-
     6  ciary.
 
     7    § 16. Severability clause. If any clause, sentence, paragraph,  subdi-
     8  vision,  section  or  part of this act shall be adjudged by any court of
     9  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    10  impair,  or  invalidate  the remainder thereof, but shall be confined in
    11  its operation to the clause, sentence, paragraph,  subdivision,  section
    12  or part thereof directly involved in the controversy in which such judg-
    13  ment shall have been rendered. It is hereby declared to be the intent of

    14  the  legislature  that  this  act  would  have been enacted even if such
    15  invalid provisions had not been included herein.
 
    16    § 17. This act shall take effect immediately and shall  be  deemed  to
    17  have been in full force and effect on and after April 1, 2010; provided,
    18  however, that upon the transfer of expenditures and disbursements by the
    19  comptroller  as  provided  in section fifteen of this act, the appropri-
    20  ations made by this act and subject to  such  section  shall  be  deemed
    21  repealed.
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