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Bill No.: Summary Actions Committee&nbspVotes Floor&nbspVotes Memo Text LFIN Chamber&nbspVideo/Transcript S10565 Summary: BILL NO S10565 &nbsp SAME AS SAME AS A11480

&nbsp SPONSOR SERRANO &nbsp COSPNSR &nbsp MLTSPNSR &nbsp Amd §§2 - 8, Chap 98 of 2026; amd §§4 & 5, Chap 102 of 2026; amd §5, Chap 100 of 2026 &nbsp Provides for emergency appropriation through May 28, 2026 for the support of government.

Go to top S10565 Text:

STATE OF NEW YORK ________________________________________________________________________

10565

IN SENATE

May 26, 2026 ___________

Introduced by Sen. SERRANO -- (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; to amend chapter 102 of the laws of 2026, relating to making appropriations for the support of govern- ment, 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 117 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

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12045-01-6

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1 payrolls scheduled to be paid during the 2 period April 1 through May [ 26 ] 28 , 2026 3 to state officers and employees of the 4 executive branch, including the governor, 5 lieutenant governor, comptroller, and 6 attorney general, and to employees of the 7 legislature. This appropriation also 8 includes payments for services performed 9 by mentally ill or developmentally disa- 10 bled persons who are employed in state-op- 11 erated special employment, work-for-pay or 12 sheltered workshop programs .............. 13 .......................... [ 2,361,394,522 ] 2,615,591,094 14 --------------

15 § 3. Section 3 of chapter 98 of the laws of 2026, relating to making 16 appropriations for the support of government, as amended by chapter 117 17 of the laws of 2026, is amended to read as follows: 18 § 3. The amount specified in this section, or so much thereof as shall 19 be sufficient to accomplish the purpose designated, is hereby appropri- 20 ated and authorized to be paid as hereinafter provided, to the public 21 officers and for the purpose specified, which amount shall be available 22 for the state fiscal year beginning April 1, 2026.

23 ALL STATE DEPARTMENTS AND AGENCIES

24 For the payment of state operations non 25 personal service liabilities to the execu- 26 tive branch, including the comptroller, 27 and the attorney general, and legislature, 28 incurred in the ordinary course of busi- 29 ness, during the period April 1 through 30 May [ 26 ] 28 , 2026, pursuant to existing 31 state law and for purposes for which the 32 legislature authorized the expenditure of 33 moneys during the 2025-2026 state fiscal 34 year; provided, however, that nothing 35 contained herein shall be deemed to limit 36 or restrict the power or authority of 37 state departments or agencies to conduct 38 their activities or operations in accord- 39 ance with existing law, and further 40 provided that nothing contained herein 41 shall be deemed to supersede, nullify or 42 modify the provisions of section 40 of the 43 state finance law prescribing when appro- 44 priations made for the 2025-2026 state 45 fiscal year shall have ceased to have 46 force and effect ........................... 108,000,000 47 --------------

48 § 4. Section 4 of chapter 102 of the laws of 2026, relating to making 49 appropriations for the support of government, as amended by chapter 117 50 of the laws of 2026, is amended to read as follows: 51 § 4. The amounts specified in this section, or so much thereof as 52 shall be sufficient to accomplish the purposes designated, is hereby

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1 appropriated and authorized to be paid as hereinafter provided, to the 2 respective public officers and for the purposes specified, which amount 3 shall be available for the state fiscal year beginning April 1, 2026.

4 MISCELLANEOUS - - ALL STATE DEPARTMENTS AND AGENCIES

5 The sum of twenty-five million dollars 6 ($25,000,000), or so much thereof as shall 7 be sufficient to accomplish the purpose 8 designated, is hereby appropriated for 9 contracts and grants approved for purposes 10 for which the legislature authorized the 11 expenditures of money during the 2025-2026 12 fiscal year. An amount up to twenty-five 13 million dollars ($25,000,000) shall be 14 available for the payment of capital 15 projects liabilities incurred during the 16 period from April 1 through May [ 26 ] 28 , 17 2026 for contracts and grants approved 18 prior to April 1, 2026, provided, however, 19 that nothing contained herein shall be 20 deemed to limit or restrict the power or 21 authority of state departments or agencies 22 to conduct their activities or operations 23 in accordance with existing law, and 24 further provided that nothing contained 25 herein shall be deemed to supersede, 26 nullify, or modify the provisions of 27 section 40 of the state finance law 28 prescribing when appropriations made for 29 the 2025-2026 fiscal year shall have 30 ceased to have force and effect ............. 25,000,000 31 --------------

32 § 5. Section 5 of chapter 102 of the laws of 2026, relating to making 33 appropriations for the support of government, as amended by chapter 117 34 of the laws of 2026, is amended to read as follows: 35 § 5. The amounts specified in this section, or so much thereof as 36 shall be sufficient to accomplish the purposes designated, is hereby 37 appropriated and authorized to be paid as hereinafter provided, to the 38 respective public officers and for the purposes specified, which amount 39 shall be available for the state fiscal year beginning April 1, 2026.

40 MISCELLANEOUS - - ALL STATE DEPARTMENTS AND AGENCIES

41 The sum of fifty million dollars 42 ($50,000,000), or so much thereof as shall 43 be sufficient to accomplish the purpose 44 designated, is hereby appropriated for 45 contracts and grants approved for purposes 46 for which the legislature authorized the 47 expenditures of money during the 2025-2026 48 fiscal year. An amount up to fifty million 49 dollars ($50,000,000) shall be available 50 for the payment of capital projects 51 liabilities incurred during the period

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1 from April 1 through May [ 26 ] 28 , 2026 for 2 contracts and grants approved after April 3 1, 2026, provided, however, that nothing 4 contained herein shall be deemed to limit 5 or restrict the power or authority of 6 state departments or agencies to conduct 7 their activities or operations in accord- 8 ance with existing law, and further 9 provided that nothing contained herein 10 shall be deemed to supersede, nullify, or 11 modify the provisions of section 40 of the 12 state finance law prescribing when appro- 13 priations made for the 2025-2026 fiscal 14 year shall have ceased to have force and 15 effect ...................................... 50,000,000 16 --------------

17 § 6. Section 4 of chapter 98 of the laws of 2026, relating to making 18 appropriations for the support of government, as amended by chapter 117 19 of the laws of 2026, is amended to read as follows: 20 § 4. The amounts specified in this section, or so much thereof as 21 shall be sufficient to accomplish the purposes designated, is hereby 22 appropriated and authorized to be paid as hereinafter provided, to the 23 public officers and for the purposes specified, which amount shall be 24 available for the state fiscal year beginning April 1, 2026.

25 MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES

26 GENERAL STATE CHARGES

27 STATE OPERATIONS

28 GENERAL STATE CHARGES .................... [ 1,347,080,500 ] 1,347,085,000 29 --------------

30 General Fund 31 State Purposes Account - 10050

32 For employee fringe benefits according to 33 the following project schedule including 34 those benefits which are related to 35 employees paid from funds, accounts, or 36 programs where the division of the budget 37 has issued waivers (85022) ............... 38 .......................... [ 1,331,282,500 ] 1,331,287,000

39 Project Schedule 40 PROJECT AMOUNT 41 -------------------------------------------- 42 For the state's contribution 43 to the health insurance fund 44 and deposit into the retiree 45 health benefit trust fund 46 pursuant to section 99-aa of 47 the state finance law. The

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1 state's share of the health 2 insurance program dividends 3 shall be available to pay 4 for the premiums in 2026-27 .. 982,761,000 5 For the state's contribution 6 to the social security 7 contribution fund ............ 226,000,000 8 For payments to the state 9 insurance fund for workers' 10 compensation benefits and 11 other related workers' 12 compensation costs prior to 13 or after they become 14 incurred including but not 15 limited to the benefits 16 defined in chapters 302 and 17 303 of the laws of 1985 ....... 55,000,000 18 For the state's contribution 19 to employee benefit fund 20 programs ...................... 40,500,000 21 For the state's contribution 22 to the dental insurance plan .. 13,524,000 23 For the payment of the metro- 24 politan commuter transporta- 25 tion mobility tax pursuant 26 to article 23 of the tax 27 law, as added by chapter 25 28 of the laws of 2009, on 29 behalf of the state employ- 30 ees employed in the metro- 31 politan commuter transporta- 32 tion district .................. 9,340,000 33 For the state's share of 34 contributions to the volun- 35 tary defined contribution 36 plan made on behalf of 37 eligible employees pursuant 38 to chapter 18 of the laws 39 of 2012 who elect to partic- 40 ipate in such plan and who 41 are not otherwise eligi- 42 ble to participate in the 43 SUNY optional retirement 44 program ......... [ 1,413,500 ] 1,418,000 45 For reimbursement to the unem- 46 ployment insurance fund for 47 payments made to claimants 48 formerly employed by the 49 state of New York .............. 2,000,000 50 For the state's contribution 51 to the vision care plan .......... 744,000 52 -------------- 53 Project schedule total ... 54 ........ [ 1,331,282,500 ] 1,331,287,000 55 --------------

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1 For payments in accordance with section 19-a 2 of the public lands law (80567) .............. 7,720,000 3 For the payment in-lieu of taxes to the city 4 of Albany for certain state-owned land 5 pursuant to section 19-a of the public 6 lands law. Provided however, notwithstand- 7 ing paragraph (4) of subdivision 2-a of 8 section 19-a of the public lands law, such 9 funds may be paid prior to October 1, 2026 10 (80567) ...................................... 7,720,000 11 For payment of claims for damage to personal 12 or real property or for bodily injuries or 13 wrongful death caused by officers, employ- 14 ees, or other authorized persons providing 15 service to state government while provid- 16 ing such service, and the state university 17 construction fund while acting within the 18 scope of their employment, and while oper- 19 ating motor vehicles, and for any individ- 20 uals operating motor vehicles which are 21 assigned on a permanent basis with unre- 22 stricted use to state officers and employ- 23 ees when the person is permanently 24 assigned the motor vehicle (80559) ............. 358,000 25 --------------

26 § 7. Section 5 of chapter 100 of the laws of 2026, relating to making 27 appropriations for the support of government, as amended by chapter 117 28 of the laws of 2026, is amended to read as follows: 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 public officers and for the purposes specified, which amount shall be 33 available for the state fiscal year beginning April 1, 2026.

34 JUDICIARY

35 For the purpose of making payments for 36 personal service, including liabilities 37 incurred prior to April 1, 2026, on the 38 payrolls scheduled to be paid during the 39 period April 1 through May [ 26 ] 28 , 2026 40 to officers and employees of the judiciary 41 ............................................ 352,000,000 42 For the payment of state operations nonper- 43 sonal service liabilities, the sum of 44 thirty-six million dollars ($36,000,000), 45 or so much thereof as shall be sufficient 46 to accomplish the purpose designated, is 47 hereby appropriated to the judiciary out 48 of any moneys in the general fund or other 49 funds to the credit of the state purposes 50 account not otherwise appropriated. The 51 comptroller is hereby authorized and 52 directed to utilize this appropriation for

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1 the purpose of making payments for nonper- 2 sonal service liabilities incurred by the 3 judiciary from April 1 through May [ 26 ] 4 28 , 2026 .................................... 36,000,000 5 For the payment of aid to localities liabil- 6 ities, the sum of thirty-two million 7 dollars ($32,000,000), or so much thereof 8 as shall be sufficient to accomplish the 9 purpose designated, is hereby appropriated 10 to the judiciary out of any moneys in the 11 general fund or other funds to the credit 12 of the state purposes account not other- 13 wise appropriated. The comptroller is 14 hereby authorized and directed to utilize 15 this appropriation for the purpose of 16 making payments for aid to localities 17 liabilities incurred by the judiciary from 18 April 1 through May [ 26 ] 28 , 2026 ........... 32,000,000 19 For the payment of employee fringe benefit 20 programs including, but not limited to, 21 the judiciary's contributions to the 22 health insurance fund, the employees' 23 retirement system pension accumulation 24 fund, the social security contribution 25 fund, employee benefit fund programs, the 26 dental insurance plan, the vision care 27 plan, the unemployment insurance fund, and 28 for workers' compensation benefits, the 29 sum of one hundred twenty-two million two 30 hundred fifty thousand dollars 31 ($122,250,000), or so much thereof as 32 shall be sufficient to accomplish the 33 purpose designated, is hereby appropriated 34 to the judiciary out of any moneys in the 35 general fund or other funds to the credit 36 of the state purposes account not other- 37 wise appropriated. The comptroller is 38 hereby authorized and directed to utilize 39 this appropriation for the purpose of 40 making payments for employee fringe bene- 41 fit liabilities incurred by the judiciary 42 from April 1 through May [ 26 ] 28 , 2026 ..... 122,250,000 43 --------------

44 § 8. Section 5 of chapter 98 of the laws of 2026, relating to making 45 appropriations for the support of government, as amended by chapter 117 46 of the laws of 2026, is amended to read as follows: 47 § 5. 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 DEPARTMENT OF HEALTH

53 AID TO LOCALITIES

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1 CENTER FOR COMMUNITY HEALTH PROGRAM .......... [ 68,912,000 ] 71,052,000 2 --------------

3 General Fund 4 Local Assistance Account - 10000

5 For services and expenses related to the 6 Indian health program pursuant to a plan 7 prepared by the commissioner of health and 8 approved by the director of the budget. 9 The moneys hereby appropriated shall be 10 for payment of financial assistance here- 11 tofore accrued or hereafter to accrue 12 (26840) ..................................... 10,062,000 13 --------------

14 Special Revenue Funds - Federal 15 Federal USDA-Food and Nutrition Services Fund 16 Federal Food and Nutrition Services Account - 25022

17 For various federal food and nutritional 18 services. The moneys hereby appropriated 19 shall be available for payment of finan- 20 cial assistance heretofore accrued (26986) 21 .............................. [ 58,850,000 ] 60,990,000 22 --------------

23 CHILD HEALTH INSURANCE PROGRAM ............................. 212,950,000 24 --------------

25 Special Revenue Funds - Other 26 HCRA Resources Fund 27 Children's Health Insurance Account - 20810

28 The money hereby appropriated is available 29 for payment of aid heretofore accrued or 30 hereafter accrued. 31 Notwithstanding any other provision of law, 32 the money hereby appropriated may be 33 increased or decreased by transfer or 34 suballocation to appropriations of the 35 office of temporary and disability assist- 36 ance, for the reimbursement of local 37 district administrative costs related to 38 children newly enrolled in medicaid whose 39 household income is between 100 percent 40 and 133 percent of the federal poverty 41 level. 42 Notwithstanding any provision of law to the 43 contrary, the amounts appropriated herein 44 shall be net of refunds, rebates, 45 reimbursements, credits, repayments, 46 and/or disallowances. 47 For services and expenses related to the 48 children's health insurance program

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1 authorized pursuant to title 1-A of arti- 2 cle 25 of the public health law (26931) .... 212,950,000 3 --------------

4 ELDERLY PHARMACEUTICAL INSURANCE COVERAGE PROGRAM ............ 1,800,000 5 --------------

6 Special Revenue Funds - Other 7 HCRA Resources Fund 8 EPIC Premium Account - 20818

9 For services and expenses of the program for 10 elderly pharmaceutical insurance coverage, 11 including reimbursement to pharmacies 12 participating in such program. The moneys 13 hereby appropriated shall be available for 14 payment of financial assistance heretofore 15 accrued (26803) .............................. 1,800,000 16 --------------

17 ESSENTIAL PLAN PROGRAM ................................... 2,300,000,000 18 --------------

19 Special Revenue Funds - Federal 20 Federal Health and Human Services Fund 21 Essential Plan Account - 25186

22 For services and expenses related to the 23 essential plan program, in accordance 24 State Innovation Waiver provisions author- 25 ized by Section 1332 of the federal 26 patient protection and affordable care 27 act. 28 Notwithstanding any inconsistent provision 29 of law, the moneys hereby appropriated may 30 be increased or decreased by interchange 31 or transfer with any appropriation of the 32 department of health or for transfer to 33 Health Research Incorporated (HRI). 34 Notwithstanding any provision of law to the 35 contrary, the amounts appropriated herein 36 shall be net of refunds, rebates, 37 reimbursements, credits, repayments, 38 and/or disallowances. 39 The money hereby appropriated is available 40 for payment of aid heretofore accrued or 41 hereafter accrued (59054) ................ 2,300,000,000 42 --------------

43 MEDICAL ASSISTANCE PROGRAM ............. [ 14,329,581,000 ] 16,289,531,000 44 --------------

45 General Fund 46 Local Assistance Account - 10000

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1 For the medical assistance program, includ- 2 ing administrative expenses, for local 3 social services districts, and for medical 4 care rates for authorized child care agen- 5 cies. 6 Notwithstanding section 40 of the state 7 finance law or any provision of law to the 8 contrary, subject to federal approval, 9 department of health state funds medicaid 10 spending, excluding payments for medical 11 services provided at state facilities 12 operated by the office of mental health, 13 the office for people with developmental 14 disabilities and the office of addiction 15 services and supports and further exclud- 16 ing any payments which are not appropri- 17 ated within the department of health, in 18 the aggregate, for the period April 1, 19 2026 through March 31, 2027, shall not 20 exceed $36,099,200,000 except as provided 21 below provided, however, such aggregate 22 limits may be adjusted by the director of 23 the budget to account for any changes in 24 the New York state federal medical assist- 25 ance percentage amount established pursu- 26 ant to the federal social security act, 27 increases in provider revenues, reductions 28 in local social services district payments 29 for medical assistance administration, 30 minimum wage increases, and beginning 31 April 1, 2012 the operational costs of the 32 New York state medical indemnity fund, 33 pursuant to chapter 59 of the laws of 34 2011, and state costs or savings from the 35 essential plan program. Such projections 36 may be adjusted by the director of the 37 budget to account for increased or expe- 38 dited department of health state funds 39 medicaid expenditures as a result of a 40 natural or other type of disaster, includ- 41 ing a governmental declaration of emergen- 42 cy. 43 The director of the budget, in consultation 44 with the commissioner of health, shall 45 assess on a quarterly basis known and 46 projected medicaid expenditures by catego- 47 ry of service and by geographic region, as 48 defined by the commissioner, incurred both 49 prior to and subsequent to such assessment 50 for each such period, and if the director 51 of the budget determines that such expend- 52 itures are expected to cause medicaid 53 spending for such period to exceed the 54 aggregate limit specified herein for such 55 period, the state medicaid director, in 56 consultation with the director of the

S. 10565 11

1 budget and the commissioner of health, 2 shall develop a medicaid savings allo- 3 cation adjustment to limit such spending 4 to the aggregate limit specified herein 5 for such period. 6 Such medicaid savings allocation adjustment 7 shall be designed, to reduce the expendi- 8 tures authorized by the appropriations 9 herein in compliance with the following 10 guidelines: (1) reductions shall be made 11 in compliance with applicable federal law, 12 including the provisions of the Patient 13 Protection and Affordable Care Act, Public 14 Law No. 111-148, and the Health Care and 15 Education Reconciliation Act of 2010, 16 Public Law No. 111-152 (collectively 17 "Affordable Care Act") and any subsequent 18 amendments thereto or regulations promul- 19 gated thereunder; (2) reductions shall be 20 made in a manner that complies with the 21 state medicaid plan approved by the feder- 22 al centers for medicare and medicaid 23 services, provided, however, that the 24 commissioner of health is authorized to 25 submit any state plan amendment or seek 26 other federal approval, including waiver 27 authority, to implement the provisions of 28 the medicaid savings allocation adjustment 29 that meets the other criteria set forth 30 herein; (3) reductions shall be made in a 31 manner that maximizes federal financial 32 participation, to the extent practicable, 33 including any federal financial partic- 34 ipation that is available or is reasonably 35 expected to become available, in the 36 discretion of the commissioner, under the 37 Affordable Care Act; (4) reductions shall 38 be made uniformly among categories of 39 services and geographic regions of the 40 state, to the extent practicable, and 41 shall be made uniformly within a category 42 of service, to the extent practicable, 43 except where the commissioner determines 44 that there are sufficient grounds for 45 non-uniformity, including but not limited 46 to: the extent to which specific catego- 47 ries of services contributed to department 48 of health medicaid state funds spending in 49 excess of the limits specified herein; the 50 need to maintain safety net services in 51 underserved communities; or the potential 52 benefits of pursuing innovative payment 53 models contemplated by the Affordable Care 54 Act, in which case such grounds shall be 55 set forth in the medicaid savings allo- 56 cation adjustment; and (5) reductions

S. 10565 12

1 shall be made in a manner that does not 2 unnecessarily create administrative 3 burdens to medicaid applicants and recipi- 4 ents or providers. 5 The commissioner shall seek the input of the 6 legislature, as well as organizations 7 representing health care providers, 8 consumers, businesses, workers, health 9 insurers, and others with relevant exper- 10 tise, in developing such medicaid savings 11 allocation adjustment, to the extent that 12 all or part of such adjustment, in the 13 discretion of the commissioner, is likely 14 to have a material impact on the overall 15 medicaid program, particular categories of 16 service or particular geographic regions 17 of the state. 18 (a) The commissioner shall post the medicaid 19 savings allocation adjustment on the 20 department of health's website and shall 21 provide written copies of such adjustment 22 to the chairs of the senate finance and 23 the assembly ways and means committees at 24 least 30 days before the date on which 25 implementation is expected to begin. 26 (b) The commissioner may revise the medicaid 27 savings allocation adjustment subsequent 28 to the provisions of notice and prior to 29 implementation but needs to provide a new 30 notice pursuant to subparagraph (i) of 31 this paragraph only if the commissioner 32 determines, in his or her discretion, that 33 such revisions materially alter the 34 adjustment. 35 Notwithstanding the provisions of paragraphs 36 (a) and (b) of this subdivision, the 37 commissioner need not seek the input 38 described in paragraph (a) of this subdi- 39 vision or provide notice pursuant to para- 40 graph (b) of this subdivision if, in the 41 discretion of the commissioner, expedited 42 development and implementation of a medi- 43 caid savings allocation adjustment is 44 necessary due to a public health emergen- 45 cy. 46 For purposes of this section, a public 47 health emergency is defined as: (i) a 48 disaster, natural or otherwise, that 49 significantly increases the immediate need 50 for health care personnel in an area of 51 the state; (ii) an event or condition that 52 creates a widespread risk of exposure to a 53 serious communicable disease, or the 54 potential for such widespread risk of 55 exposure; or (iii) any other event or 56 condition determined by the commissioner

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1 to constitute an imminent threat to public 2 health. 3 Nothing in this paragraph shall be deemed to 4 prevent all or part of such medicaid 5 savings allocation adjustment from taking 6 effect retroactively to the extent permit- 7 ted by the federal centers for medicare 8 and medicaid services. 9 In accordance with the medicaid savings 10 allocation adjustment, the commissioner of 11 the department of health shall reduce 12 department of health state funds medicaid 13 spending by the amount of the projected 14 overspending through, actions including, 15 but not limited to modifying or suspending 16 reimbursement methods, including but not 17 limited to all fees, premium levels and 18 rates of payment, notwithstanding any 19 provision of law that sets a specific 20 amount or methodology for any such 21 payments or rates of payment; modifying or 22 discontinuing medicaid program benefits; 23 seeking all necessary federal approvals, 24 including, but not limited to waivers, 25 waiver amendments; and suspending time 26 frames for notice, approval or certif- 27 ication of rate requirements, notwith- 28 standing any provision of law, rule or 29 regulation to the contrary, including but 30 not limited to sections 2807 and 3614 of 31 the public health law, section 18 of chap- 32 ter 2 of the laws of 1988, and 18 NYCRR 33 505.14(h). 34 The department of health shall prepare a 35 quarterly report that sets forth: (a) 36 known and projected department of health 37 medicaid expenditures as described in 38 subdivision (1) of this section, and 39 factors that could result in medicaid 40 disbursements for the relevant state 41 fiscal year to exceed the projected 42 department of health state funds disburse- 43 ments in the enacted budget financial plan 44 pursuant to subdivision 3 of section 23 of 45 the state finance law, including spending 46 increases or decreases due to: enrollment 47 fluctuations, rate changes, utilization 48 changes, MRT investments, and shift of 49 beneficiaries to managed care; and vari- 50 ations in offline medicaid payments; and 51 (b) the actions taken to implement any 52 medicaid savings allocation adjustment 53 implemented pursuant to subdivision (4) of 54 this section, including information 55 concerning the impact of such actions on 56 each category of service and each

S. 10565 14

1 geographic region of the state. Each such 2 quarterly report shall be provided to the 3 chairs of the senate finance and the 4 assembly ways and means committees and 5 shall be posted on the department of 6 health's website in a timely manner. 7 The money hereby appropriated is to be 8 available for payment of aid heretofore 9 accrued or hereafter accrued to munici- 10 palities, and to providers of medical 11 services pursuant to section 367-b of the 12 social services law, and for payment of 13 state aid to municipalities and to provid- 14 ers of family care where payment systems 15 through the fiscal intermediaries are not 16 operational. 17 Notwithstanding any inconsistent provision 18 of law to the contrary, funds may be used 19 by the department for outside legal 20 assistance on issues involving the federal 21 government, the conduct of preadmission 22 screening and annual resident reviews 23 required by the state's medicaid program, 24 computer matching with insurance carriers 25 to insure that medicaid is the payer of 26 last resort and activities related to the 27 management of the pharmacy benefit avail- 28 able under the medicaid program. 29 Notwithstanding any inconsistent provision 30 of law, in lieu of payments authorized by 31 the social services law, or payments of 32 federal funds otherwise due to the local 33 social services districts for programs 34 provided under the federal social security 35 act or the federal food stamp act, funds 36 herein appropriated, in amounts certified 37 by the state commissioner of temporary and 38 disability assistance or the state commis- 39 sioner of health as due from local social 40 services districts each month as their 41 share of payments made pursuant to section 42 367-b of the social services law may be 43 set aside by the state comptroller in an 44 interest-bearing account in order to 45 ensure the orderly and prompt payment of 46 providers under section 367-b of the 47 social services law pursuant to an esti- 48 mate provided by the commissioner of 49 health of each local social services 50 district's share of payments made pursuant 51 to section 367-b of the social services 52 law. 53 Notwithstanding any inconsistent provision 54 of law, funding made available by these 55 appropriations shall support direct salary 56 costs and related fringe benefits within

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1 the medical assistance program associated 2 with any minimum wage increase that takes 3 effect during the timeframe of these 4 appropriations, pursuant to section 652 of 5 the labor law. Each eligible organization 6 in receipt of funding made available by 7 these appropriations may be required to 8 submit written certification, in such form 9 and at such time the commissioner may 10 prescribe, attesting to the total amount 11 of funds used by the eligible organiza- 12 tion, how such funding will be or was used 13 for purposes eligible under these appro- 14 priations and any other reporting deemed 15 necessary by the commissioner. The amounts 16 appropriated herein may include advances 17 to organizations authorized to receive 18 such funds to accomplish this purpose. 19 Notwithstanding any other provision of law, 20 the money hereby appropriated may be 21 increased or decreased by interchange or 22 transfer, with any appropriation of the 23 department of health and the office of 24 medicaid inspector general and may be 25 increased or decreased by transfer or 26 suballocation between these appropriated 27 amounts and appropriations of the depart- 28 ment of health state purpose account, the 29 office of mental health, office for people 30 with developmental disabilities, the 31 office of addiction services and supports, 32 the department of family assistance office 33 of temporary and disability assistance, 34 the department of corrections and communi- 35 ty supervision, the office of information 36 technology services, the state university 37 of New York, and office of children and 38 family services, the office of medicaid 39 inspector general, the state education 40 department, and the state office for the 41 aging with the approval of the director of 42 the budget, who shall file such approval 43 with the department of audit and control 44 and copies thereof with the chairman of 45 the senate finance committee and the 46 chairman of the assembly ways and means 47 committee. 48 Notwithstanding any inconsistent provision 49 of law to the contrary, the moneys hereby 50 appropriated may be used for payments to 51 the centers for medicaid and medicare 52 services for obligations incurred related 53 to the pharmaceutical costs of dually 54 eligible medicare/medicaid beneficiaries 55 participating in the medicare drug benefit 56 authorized by P.L. 108-173.

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1 Notwithstanding any inconsistent provision 2 of law, the moneys hereby appropriated 3 shall not be used for any existing rates, 4 fees, fee schedule, or procedures which 5 may affect the cost of care and services 6 provided by personal care providers, case 7 managers, health maintenance organiza- 8 tions, out of state medical facilities 9 which provide care and services to resi- 10 dents of the state, providers of transpor- 11 tation services, that are altered, 12 amended, adjusted or otherwise changed by 13 a local social services district unless 14 previously approved by the department of 15 health and the director of the budget. 16 Notwithstanding any inconsistent provision 17 of law to the contrary, funds shall be 18 made available to the commissioner of the 19 office of mental health or the commission- 20 er of the office of addiction services and 21 supports, in consultation with the commis- 22 sioner of health and approved by the 23 director of the budget, and consistent 24 with appropriations made therefor, to 25 implement allocation adjustment developed 26 by each such commissioner which shall 27 describe mental health or substance use 28 disorder services that should be developed 29 to meet service needs resulting from the 30 reduction of inpatient behavioral health 31 services provided under the medicaid 32 program, by programs licensed pursuant to 33 article 31 or 32 of the mental hygiene 34 law. Such programs may include programs 35 that are licensed pursuant to both article 36 31 of the mental hygiene law and article 37 28 of the public health law, or certified 38 under both article 32 of the mental 39 hygiene law and article 28 of the public 40 health law. 41 Notwithstanding any inconsistent provision 42 of law, the moneys hereby appropriated may 43 be available for payments associated with 44 the resolution by settlement agreement or 45 judgment of rate appeals and/or litigation 46 where the department of health is a party. 47 For services and expenses of the medical 48 assistance program including hospital 49 inpatient services and general hospitals 50 that are safety-net providers that evince 51 severe financial distress, pursuant to 52 criteria determined by the commissioner, 53 shall be eligible for awards for amounts 54 appropriated herein, to enable such 55 providers to maintain operations and vital 56 services while establishing long term

S. 10565 17

1 solutions to achieve sustainable health 2 services. 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 Notwithstanding any provision of law to the 10 contrary, the portion of this appropri- 11 ation covering fiscal year 2026-27 shall 12 supersede and replace any duplicative (i) 13 reappropriation for this item covering 14 fiscal year 2026-27, and (ii) appropri- 15 ation for this item covering fiscal year 16 2026-27 set forth in chapter 53 of the 17 laws of 2025 (26947) ........ [ 193,904,000 ] 218,142,000 18 For services and expenses of the medical 19 assistance program including hospital 20 outpatient and emergency room services. 21 Notwithstanding any provision of law to the 22 contrary, the portion of this appropri- 23 ation covering fiscal year 2026-27 shall 24 supersede and replace any duplicative (i) 25 reappropriation for this item covering 26 fiscal year 2026-27, and (ii) appropri- 27 ation for this item covering fiscal year 28 2026-27 set forth in chapter 53 of the 29 laws of 2025 (26948) ......... [ 57,992,000 ] 65,241,000 30 For services and expenses of the medical 31 assistance program including clinic 32 services. 33 Notwithstanding any provision of law to the 34 contrary, the portion of this appropri- 35 ation covering fiscal year 2026-27 shall 36 supersede and replace any duplicative (i) 37 reappropriation for this item covering 38 fiscal year 2026-27, and (ii) appropri- 39 ation for this item covering fiscal year 40 2026-27 set forth in chapter 53 of the 41 laws of 2025 (26949) ........ [ 113,584,000 ] 127,782,000 42 For services and expenses of the medical 43 assistance program including nursing home 44 services. 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 (26950) ........ [ 285,480,000 ] 321,165,000 54 For services and expenses of the medical 55 assistance program including other long 56 term care services.

S. 10565 18

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 (26951) ..... [ 1,359,888,000 ] 1,529,874,000 10 For services and expenses of the medical 11 assistance program including managed care 12 services including regional planning 13 activities of the finger lakes health 14 systems agency, including statewide coor- 15 dination and demonstration of best prac- 16 tices. The department shall make grants 17 within amounts appropriated therefor, to 18 assure high-quality and accessible primary 19 care, to provide technical assistance to 20 support financial and business planning 21 for integrated systems of care, and to 22 assist primary care providers in the 23 adoption, implementation, and meaningful 24 use of electronic health record technolo- 25 gy. 26 Notwithstanding any provision of law to the 27 contrary, the portion of this appropri- 28 ation covering fiscal year 2026-27 shall 29 supersede and replace any duplicative (i) 30 reappropriation for this item covering 31 fiscal year 2026-27, and (ii) appropri- 32 ation for this item covering fiscal year 33 2026-27 set forth in chapter 53 of the 34 laws of 2025 (26952) ..... [ 1,245,680,000 ] 1,401,390,000 35 For services and expenses for health homes 36 including grants to health homes. 37 Notwithstanding any provision of law to the 38 contrary, the portion of this appropri- 39 ation covering fiscal year 2026-27 shall 40 supersede and replace any duplicative (i) 41 reappropriation for this item covering 42 fiscal year 2026-27, and (ii) appropri- 43 ation for this item covering fiscal year 44 2026-27 set forth in chapter 53 of the 45 laws of 2025 (29548) ......... [ 30,160,000 ] 33,930,000 46 For services and expenses of the medical 47 assistance program including pharmacy 48 services provided, however, that no funds 49 shall be made available pursuant to this 50 appropriation for any drug not explicitly 51 authorized in any enacted law, rule, or 52 regulation without approval from the 53 director of the budget. 54 Notwithstanding any provision of law to the 55 contrary, the portion of this appropri- 56 ation covering fiscal year 2026-27 shall

S. 10565 19

1 supersede and replace any duplicative (i) 2 reappropriation for this item covering 3 fiscal year 2026-27, and (ii) appropri- 4 ation for this item covering fiscal year 5 2026-27 set forth in chapter 53 of the 6 laws of 2025 (26953) ........ [ 575,408,000 ] 647,334,000 7 For services and expenses of the medical 8 assistance program including transporta- 9 tion services. 10 Notwithstanding any provision of law to the 11 contrary, the portion of this appropri- 12 ation covering fiscal year 2026-27 shall 13 supersede and replace any duplicative (i) 14 reappropriation for this item covering 15 fiscal year 2026-27, and (ii) appropri- 16 ation for this item covering fiscal year 17 2026-27 set forth in chapter 53 of the 18 laws of 2025 (26954) ......... [ 82,656,000 ] 92,988,000 19 For services and expenses of the medical 20 assistance program including dental 21 services. 22 Notwithstanding any provision of law to the 23 contrary, the portion of this appropri- 24 ation covering fiscal year 2026-27 shall 25 supersede and replace any duplicative (i) 26 reappropriation for this item covering 27 fiscal year 2026-27, and (ii) appropri- 28 ation for this item covering fiscal year 29 2026-27 set forth in chapter 53 of the 30 laws of 2025 (26955) ............ [ 632,000 ] 711,000 31 For services and expenses of the medical 32 assistance program including non-institu- 33 tional and other spending. 34 The money hereby appropriated is available 35 for payment of liabilities heretofore 36 accrued or hereafter accrued. 37 Notwithstanding any inconsistent provision 38 of law, the money hereby appropriated may 39 be available for payments to any county or 40 public school districts associated with 41 additional claims for school supportive 42 health services. 43 Notwithstanding any provision of law to the 44 contrary, the portion of this appropri- 45 ation covering fiscal year 2026-27 shall 46 supersede and replace any duplicative (i) 47 reappropriation for this item covering 48 fiscal year 2026-27, and (ii) appropri- 49 ation for this item covering fiscal year 50 2026-27 set forth in chapter 53 of the 51 laws of 2025 (26956) ........ [ 164,832,000 ] 185,436,000 52 For services and expenses of the medical 53 assistance program including medical 54 services provided at state facilities 55 operated by the office of mental health, 56 the office for people with developmental

S. 10565 20

1 disabilities and the office of addiction 2 services and supports. 3 Notwithstanding any provision of law to the 4 contrary, the portion of this appropri- 5 ation covering fiscal year 2026-27 shall 6 supersede and replace any duplicative (i) 7 reappropriation for this item covering 8 fiscal year 2026-27, and (ii) appropri- 9 ation for this item covering fiscal year 10 2026-27 set forth in chapter 53 of the 11 laws of 2025 (26961) ........ [ 769,232,000 ] 865,386,000 12 --------------

13 Special Revenue Funds - Federal 14 Federal Health and Human Services Fund 15 Medicaid Direct Account - 25106

16 For services and expenses for the medical 17 assistance program, including administra- 18 tive expenses for local social services 19 districts, pursuant to title XIX of the 20 federal social security act or its succes- 21 sor program. 22 The moneys hereby appropriated are to be 23 available for payment of aid heretofore 24 accrued or hereafter accrued to munici- 25 palities, and to providers of medical 26 services pursuant to section 367-b of the 27 social services law, and for payment of 28 state aid to municipalities and to provid- 29 ers of family care where payment systems 30 through the fiscal intermediaries are not 31 operational. 32 Notwithstanding any inconsistent provision 33 of law, funding made available by these 34 appropriations shall support direct salary 35 costs and related fringe benefits within 36 the medical assistance program associated 37 with any minimum wage increase that takes 38 effect during the timeframe of these 39 appropriations, pursuant to section 652 of 40 the labor law. Each eligible organization 41 in receipt of funding made available by 42 these appropriations may be required to 43 submit written certification, in such form 44 and at such time the commissioner may 45 prescribe, attesting to the total amount 46 of funds used by the eligible organiza- 47 tion, how such funding will be or was used 48 for purposes eligible under these appro- 49 priations and any other reporting deemed 50 necessary by the commissioner. The amounts 51 appropriated herein may include advances 52 to organizations authorized to receive 53 such funds to accomplish this purpose.

S. 10565 21

1 Notwithstanding any other provision of law, 2 the money hereby appropriated may be 3 increased or decreased by interchange or 4 transfer, with any appropriation of the 5 department of health and the office of 6 medicaid inspector general and may be 7 increased or decreased by transfer or 8 suballocation between these appropriated 9 amounts and appropriations of the office 10 of mental health, office for people with 11 developmental disabilities, the office of 12 addiction services and supports, the 13 department of family assistance office of 14 temporary and disability assistance, 15 office of children and family services, 16 the department of financial services, 17 department of corrections and community 18 supervision, the office of information 19 technology services, the state university 20 of New York, the state education depart- 21 ment, and the state office for the aging 22 with the approval of the director of the 23 budget, who shall file such approval with 24 the department of audit and control and 25 copies thereof with the chairman of the 26 senate finance committee and the chairman 27 of the assembly ways and means committee. 28 Notwithstanding any inconsistent provision 29 of law, in lieu of payments authorized by 30 the social services law, or payments of 31 federal funds otherwise due to the local 32 social services districts for programs 33 provided under the federal social security 34 act or the federal food stamp act, funds 35 herein appropriated, in amounts certified 36 by the state commissioner of temporary and 37 disability assistance or the state commis- 38 sioner of health as due from local social 39 services districts each month as their 40 share of payments made pursuant to section 41 367-b of the social services law may be 42 set aside by the state comptroller in an 43 interest-bearing account in order to 44 ensure the orderly and prompt payment of 45 providers under section 367-b of the 46 social services law pursuant to an esti- 47 mate provided by the commissioner of 48 health of each local social services 49 district's share of payments made pursuant 50 to section 367-b of the social services 51 law. 52 Notwithstanding any inconsistent provision 53 of law to the contrary, funds shall be 54 made available to the commissioner of the 55 office of mental health or the commission- 56 er of the office of addiction services and

S. 10565 22

1 supports, in consultation with the commis- 2 sioner of health and approved by the 3 director of the budget, and consistent 4 with appropriations made therefor, to 5 implement allocation adjustment developed 6 by each such commissioner which shall 7 describe mental health or substance use 8 disorder services that should be developed 9 to meet service needs resulting from the 10 reduction of inpatient behavioral health 11 services provided under the medicaid 12 program, by programs licensed pursuant to 13 article 31 or 32 of the mental hygiene 14 law. Such programs may include programs 15 that are licensed pursuant to both article 16 31 of the mental hygiene law and article 17 28 of the public health law, or certified 18 under both article 32 of the mental 19 hygiene law and article 28 of the public 20 health law. 21 Notwithstanding any inconsistent provision 22 of law, the moneys hereby appropriated may 23 be available for payments associated with 24 the resolution by settlement agreement or 25 judgment of rate appeals and/or litigation 26 where the department of health is a party. 27 Notwithstanding any inconsistent provisions 28 of law, no expenditures shall be used for 29 the medical assistance program for any 30 expenses not explicitly authorized in law 31 without the approval of the director of 32 the budget. 33 For services and expenses of the medical 34 assistance program including hospital 35 inpatient 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 (26947) ........ [ 531,195,000 ] 607,080,000 45 For services and expenses of the medical 46 assistance program including hospital 47 outpatient and emergency room 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 (26948) ......... [ 94,668,000 ] 108,192,000

S. 10565 23

1 For services and expenses of the medical 2 assistance program including clinic 3 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 (26949) ........ [ 153,279,000 ] 175,176,000 13 For services and expenses of the medical 14 assistance program including nursing home 15 services. 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 (26950) ........ [ 789,180,000 ] 901,920,000 25 For services and expenses of the medical 26 assistance program including other long 27 term care services. 28 Notwithstanding any provision of law to the 29 contrary, the portion of this appropri- 30 ation covering fiscal year 2026-27 shall 31 supersede and replace any duplicative (i) 32 reappropriation for this item covering 33 fiscal year 2026-27, and (ii) appropri- 34 ation for this item covering fiscal year 35 2026-27 set forth in chapter 53 of the 36 laws of 2025 (26951) ..... [ 2,251,263,000 ] 2,572,872,000 37 For services and expenses of the medical 38 assistance program including managed care 39 services including regional planning 40 activities of the finger lakes health 41 systems agency, including statewide coor- 42 dination and demonstration of best prac- 43 tices. The department shall make grants 44 within amounts appropriated therefor, to 45 assure high-quality and accessible primary 46 care, to provide technical assistance to 47 support financial and business planning 48 for integrated systems of care, and to 49 assist primary care providers in the 50 adoption, implementation, and meaningful 51 use of electronic health record technolo- 52 gy. 53 Notwithstanding any inconsistent provision 54 of law, rule, or regulation to the contra- 55 ry, funds appropriated herein shall not be

S. 10565 24

1 subject to article 6 of the financial 2 services law. 3 Notwithstanding any inconsistent provision 4 of law, rule, or regulation to the contra- 5 ry, funds appropriated herein shall only 6 be made available for applied behavior 7 analysis services if such services are 8 recommended by a health care or mental 9 health care practitioner authorized under 10 title eight of the education law who has 11 been designated as an applied behavior 12 analysis center of excellence provider by 13 the commissioner of health. 14 Notwithstanding any provision of law to the 15 contrary, the portion of this appropri- 16 ation covering fiscal year 2026-27 shall 17 supersede and replace any duplicative (i) 18 reappropriation for this item covering 19 fiscal year 2026-27, and (ii) appropri- 20 ation for this item covering fiscal year 21 2026-27 set forth in chapter 53 of the 22 laws of 2025 (26952) ..... [ 2,747,276,000 ] 3,139,744,000 23 For services and expenses of the medical 24 assistance program including pharmacy 25 services, provided, however, that no funds 26 shall be made available pursuant to this 27 appropriation for any drug not explicitly 28 authorized in any heretofore enacted law, 29 rule, or regulation without approval from 30 the director of the budget. 31 Notwithstanding any provision of law to the 32 contrary, the portion of this appropri- 33 ation covering fiscal year 2026-27 shall 34 supersede and replace any duplicative (i) 35 reappropriation for this item covering 36 fiscal year 2026-27, and (ii) appropri- 37 ation for this item covering fiscal year 38 2026-27 set forth in chapter 53 of the 39 laws of 2025 (26953) ........ [ 827,533,000 ] 945,752,000 40 For services and expenses of the medical 41 assistance program including transporta- 42 tion services. 43 Notwithstanding any provision of law to the 44 contrary, the portion of this appropri- 45 ation covering fiscal year 2026-27 shall 46 supersede and replace any duplicative (i) 47 reappropriation for this item covering 48 fiscal year 2026-27, and (ii) appropri- 49 ation for this item covering fiscal year 50 2026-27 set forth in chapter 53 of the 51 laws of 2025 (26954) ........ [ 111,174,000 ] 127,056,000 52 For services and expenses of the medical 53 assistance program including dental 54 services. 55 Notwithstanding any provision of law to the 56 contrary, the portion of this appropri-

S. 10565 25

1 ation covering fiscal year 2026-27 shall 2 supersede and replace any duplicative (i) 3 reappropriation for this item covering 4 fiscal year 2026-27, and (ii) appropri- 5 ation for this item covering fiscal year 6 2026-27 set forth in chapter 53 of the 7 laws of 2025 (26955) ......... [ 12,852,000 ] 14,688,000 8 For services and expenses of the medical 9 assistance program including noninstitu- 10 tional and other spending. 11 The money hereby appropriated is available 12 for payment of liabilities heretofore 13 accrued or hereafter accrued. 14 Notwithstanding any provision of law to the 15 contrary, the portion of this appropri- 16 ation covering fiscal year 2026-27 shall 17 supersede and replace any duplicative (i) 18 reappropriation for this item covering 19 fiscal year 2026-27, and (ii) appropri- 20 ation for this item covering fiscal year 21 2026-27 set forth in chapter 53 of the 22 laws of 2025 (26956) ..... [ 1,258,635,000 ] 1,438,440,000 23 Notwithstanding any inconsistent provision 24 of law, subject to the approval of the 25 director of the budget, upon submission of 26 an allocation adjustment from the commis- 27 sioner of health, the amount appropriated 28 herein, together with any available feder- 29 al matching funds, may be transferred or 30 suballocated to the office of mental 31 health, office of addiction services and 32 supports, office for people with develop- 33 mental disabilities, division of housing 34 and community renewal, New York state 35 housing trust fund corporation, and office 36 of temporary and disability assistance for 37 services and expenses related to providing 38 affordable housing. Any such spending 39 shall consider the geographical location 40 of the grants. 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 (29521) ........ [ 673,078,000 ] 769,232,000 50 --------------

51 § 9. Section 6 of chapter 98 of the laws of 2026, relating to making 52 appropriations for the support of government, as amended by chapter 117 53 of the laws of 2026, is amended to read as follows: 54 § 6. The amounts specified in this section, or so much thereof as 55 shall be sufficient to accomplish the purposes designated, is hereby

S. 10565 26

1 appropriated and authorized to be paid as hereinafter provided, to the 2 public officers and for the purposes specified, which amount shall be 3 available for the state fiscal year beginning April 1, 2026.

4 DEPARTMENT OF LABOR

5 AID TO LOCALITIES

6 UNEMPLOYMENT INSURANCE BENEFIT PROGRAM ... [ 1,710,000,000 ] 1,890,000,000 7 --------------

8 Enterprise Funds 9 Unemployment Insurance Benefit Fund 10 Unemployment Insurance Benefit Account - 50650

11 For payment of unemployment insurance bene- 12 fits pursuant to article 18 of the labor 13 law or as authorized by the federal 14 government through the disaster unemploy- 15 ment assistance program, the emergency 16 unemployment compensation program, the 17 extended benefit program, the federal 18 additional compensation program or any 19 other federally funded unemployment bene- 20 fit program (34787) ...... [ 1,710,000,000 ] 1,890,000,000 21 --------------

22 § 10. Section 7 of chapter 98 of the laws of 2026, relating to making 23 appropriations for the support of government, as amended by chapter 117 24 of the laws of 2026, is amended to read as follows: 25 § 7. The amounts specified in this section, or so much thereof as 26 shall be sufficient to accomplish the purposes designated, is hereby 27 appropriated and authorized to be paid as hereinafter provided, to the 28 public officers and for the purposes specified, which amount shall be 29 available for the state fiscal year beginning April 1, 2026.

30 DEPARTMENT OF MENTAL HYGIENE

31 OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES

32 AID TO LOCALITIES

33 COMMUNITY SERVICES PROGRAM ............... [ 1,072,593,000 ] 1,215,963,000 34 --------------

35 General Fund 36 Local Assistance Account - 10000

37 For services and expenses of the community 38 services program, net of disallowances, 39 for community programs for people with 40 developmental disabilities pursuant to 41 article 41 of the mental hygiene law, 42 and/or chapter 620 of the laws of 1974, 43 chapter 660 of the laws of 1977, chapter 44 412 of the laws of 1981, chapter 27 of the

S. 10565 27

1 laws of 1987, chapter 729 of the laws of 2 1989, chapter 329 of the laws of 1993 and 3 other provisions of the mental hygiene 4 law. Notwithstanding any inconsistent 5 provision of law, the following appropri- 6 ation shall be net of prior and/or current 7 year refunds, rebates, reimbursements, and 8 credits. 9 Notwithstanding any other provision of law, 10 advances and reimbursement made pursuant 11 to subdivision (d) of section 41.15 and 12 section 41.18 of the mental hygiene law 13 shall be allocated pursuant to a plan and 14 in a manner prescribed by the agency head 15 and approved by the director of the budg- 16 et. The moneys hereby appropriated are 17 available to reimburse or advance locali- 18 ties and voluntary non-profit agencies for 19 expenditures made during local fiscal 20 periods commencing January 1, 2026, April 21 1, 2026 or July 1, 2026, and for advances 22 for the 3 month period beginning January 23 1, 2027. 24 Notwithstanding the provisions of article 41 25 of the mental hygiene law or any other 26 inconsistent provision of law, rule or 27 regulation, the commissioner, pursuant to 28 such contract and in the manner provided 29 therein, may pay all or a portion of the 30 expenses incurred by such voluntary agen- 31 cies arising out of loans which are funded 32 from the proceeds of bonds and notes 33 issued by the dormitory authority of the 34 state of New York. 35 Notwithstanding any other provision of law, 36 the money hereby appropriated may be 37 transferred to state operations and/or any 38 appropriation of the office for people 39 with developmental disabilities with the 40 approval of the director of the budget. 41 Notwithstanding any inconsistent provision 42 of law, moneys from this appropriation may 43 be used for state aid of up to 100 percent 44 of the net deficit costs of day training 45 programs and family support services. 46 Notwithstanding the provisions of section 47 16.23 of the mental hygiene law and any 48 other inconsistent provision of law, with 49 relation to the operation of certified 50 family care homes, including family care 51 homes sponsored by voluntary not-for-pro- 52 fit agencies, moneys from this appropri- 53 ation may be used for payments to purchase 54 general services including but not limited 55 to respite providers, up to a maximum of 56 14 days, at rates to be established by the

S. 10565 28

1 commissioner and approved by the director 2 of the budget in consideration of factors 3 including, but not limited to, geographic 4 area and number of clients cared for in 5 the home and for payment in an amount 6 determined by the commissioner for the 7 personal needs of each client residing in 8 the family care home. 9 Notwithstanding the provisions of subdivi- 10 sion 12 of section 8 of the state finance 11 law and any other inconsistent provision 12 of law, moneys from this appropriation may 13 be used for expenses of family care homes 14 including payments to operators of certi- 15 fied family care homes for damages caused 16 by clients to personal and real property 17 in accordance with standards established 18 by the commissioner and approved by the 19 director of the budget. 20 Notwithstanding any inconsistent provision 21 of law, moneys from this appropriation may 22 be used for appropriate day program 23 services and residential services includ- 24 ing, but not limited to, direct housing 25 subsidies to individuals, start-up 26 expenses for family care providers, envi- 27 ronmental modifications, adaptive technol- 28 ogies, appraisals, property options, 29 feasibility studies and preoperational 30 expenses. 31 Notwithstanding any inconsistent provision 32 of law except pursuant to a chapter of the 33 laws of 2025 authorizing a 2.6 percent 34 targeted inflationary increase, for the 35 period commencing on April 1, 2025 and 36 ending March 31, 2026 the commissioner 37 shall not apply any other inflationary 38 increases, cost of living type increases, 39 inflation factors, or trend factors for 40 the purpose of establishing rates of 41 payments, contracts or any other form of 42 reimbursement; provided that this shall 43 not prevent the commissioner from applying 44 prior adjustments for the purpose of 45 establishing rates resulting from a rebas- 46 ing of base year costs. 47 Notwithstanding section 6908 of the educa- 48 tion law and any other provision of law, 49 rule or regulation to the contrary, direct 50 support staff in programs certified or 51 approved by the office for people with 52 developmental disabilities, including the 53 home and community based services waiver 54 programs that the office for people with 55 developmental disabilities is authorized 56 to administer with federal approval pursu-

S. 10565 29

1 ant to subdivision (c) of section 1915 of 2 the federal social security act, are 3 authorized to provide such tasks as OPWDD 4 may specify when performed under the 5 supervision, training and periodic 6 inspection of a registered professional 7 nurse and in accordance with an authorized 8 practitioner's ordered care. 9 Notwithstanding any other provision of law 10 to the contrary, and consistent with 11 section 33.07 of the mental hygiene law, 12 the directors of facilities licensed but 13 not operated by the office for people with 14 developmental disabilities who act as 15 federally-appointed representative payees 16 and who assume management responsibility 17 over the funds of a resident may continue 18 to use such funds for the cost of the 19 resident's care and treatment, consistent 20 with federal law and regulations. 21 Funds appropriated herein shall be available 22 in accordance with the following: 23 Notwithstanding any inconsistent provision 24 of law, the director of the budget is 25 authorized to make suballocations from 26 this appropriation to the department of 27 health medical assistance program. 28 Notwithstanding any inconsistent provision 29 of law, and pursuant to criteria estab- 30 lished by the commissioner of the office 31 for people with developmental disabilities 32 and approved by the director of the budg- 33 et, expenditures may be made from this 34 appropriation for residential facilities 35 which are pending recertification as 36 intermediate care facilities for people 37 with developmental disabilities. 38 Notwithstanding the provisions of section 39 41.36 of the mental hygiene law and any 40 other inconsistent provision of law, 41 moneys from this appropriation may be used 42 for payment up to $250 per year per 43 client, at such times and in such manner 44 as determined by the commissioner on the 45 basis of financial need for the personal 46 needs of each client residing in voluntar- 47 y-operated community residences and volun- 48 tary-operated community residential alter- 49 natives, including individualized 50 residential alternatives under the home 51 and community based services waiver. The 52 commissioner shall, subject to the 53 approval of the director of the budget, 54 alter existing advance payment schedules 55 for voluntary-operated community resi-

S. 10565 30

1 dences established pursuant to section 2 41.36 of the mental hygiene law. 3 Notwithstanding any inconsistent provision 4 of law, moneys from this appropriation may 5 be used for the operation of clinics 6 licensed pursuant to article 16 of the 7 mental hygiene law including, but not 8 limited to, supportive and habilitative 9 services consistent with the home and 10 community based services waiver. 11 For the state and/or local share of medical 12 assistance services expenses incurred by 13 the department of health for the provision 14 of medical assistance services to people 15 with developmental disabilities (37835) .. 16 ............................ [ 980,028,000 ] 1,120,032,000 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 50 inconsistent provision of law, rule or 51 regulation, the commissioner, pursuant to 52 such contract and in the manner provided 53 therein, may pay all or a portion of the 54 expenses incurred by such voluntary agen- 55 cies arising out of loans which are funded 56 from the proceeds of bonds and notes

S. 10565 31

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

S. 10565 32

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

S. 10565 33

1 Notwithstanding any other provision of law 2 to the contrary, funds appropriated herein 3 are available to reimburse in- and 4 out-of-state private residential schools, 5 pursuant to subdivision (c) of section 6 13.37-a and subdivision (g) of section 7 13.38 of the mental hygiene law, for costs 8 of supporting the residential and day 9 program services available to individuals 10 who are over the age of 21 years of age, 11 provided that the amount paid for residen- 12 tial services and/or maintenance costs is 13 net of any supplemental security income 14 benefit to which the individual receiving 15 services is eligible, and provided further 16 that funding for nonresidential services 17 will be in an amount not to exceed the 18 maximum reimbursement for appropriate day 19 services delivered by the office for 20 people with developmental disabilities 21 certified or approved providers other than 22 in- and out-of-state private residential 23 schools, unless otherwise authorized by 24 the director of the budget. 25 Notwithstanding section 163 of the state 26 finance law, section 142 of the economic 27 development law, and article 41 of the 28 mental hygiene law, the commissioner of 29 the office for people with developmental 30 disabilities may make the funds appropri- 31 ated herein available as state aid, a loan 32 or a grant, pursuant to terms and condi- 33 tions established by the commissioner of 34 the office for people with developmental 35 disabilities, to cover a portion of the 36 development costs of private, public 37 and/or non-profit organizations, including 38 corporations and partnerships established 39 pursuant to the private housing finance 40 law and/or any other statutory provisions, 41 for supportive housing units that have 42 been set aside for individuals with intel- 43 lectual and developmental disabilities. 44 Further, the office for people with devel- 45 opmental disabilities shall have a lien on 46 the real property developed with such 47 state aid, loans or grants, which shall be 48 in the amount of the loan or grant, for a 49 maximum term of 30 years, or other longer 50 term consistent with the requirements of 51 another regulatory agency. 52 For services and expenses related to the 53 provision of residential services to 54 people with developmental disabilities 55 (37802) ...................... [ 53,735,000 ] 55,689,000

S. 10565 34

1 For services and expenses related to the 2 provision of day program services to 3 people with developmental disabilities 4 (37803) ...................... [ 13,200,000 ] 13,680,000 5 For services and expenses related to the 6 provision of family support services to 7 people with developmental disabilities 8 (37804) ...................... [ 14,850,000 ] 15,390,000 9 For services and expenses related to the 10 provision of workshop, day training and 11 employment services to people with devel- 12 opmental disabilities. Notwithstanding any 13 other provision of law, up to [ $126,500 ] 14 $131,100 of this appropriation may be 15 transferred to the New York State Educa- 16 tion Departments' Adult Career and Contin- 17 uing Education Services - Vocational Reha- 18 bilitation (ACCES-VR) program to support 19 the LongTerm Sheltered Employment program 20 operated by FEDCAP Rehabilitation 21 Services, Inc. (37805) ....... [ 8,580,000 ] 8,892,000 22 For other services and expenses provided to 23 people with developmental disabilities 24 including but not limited to hepatitis B, 25 care at home waiver, epilepsy services, 26 Special Olympics New York, Inc. and volun- 27 tary fingerprinting (37806) ... [ 2,200,000 ] 2,280,000 28 --------------

29 § 11. Section 8 of chapter 98 of the laws of 2026, relating to making 30 appropriations for the support of government, as amended by chapter 117 31 of the laws of 2026, is amended to read as follows: 32 § 8. The amounts 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 public officers and for the purposes specified, which amount shall be 36 available for the state fiscal year beginning April 1, 2026.

37 DEPARTMENT OF VETERANS' SERVICES

38 AID TO LOCALITIES

39 BLIND VETERAN ANNUITY ASSISTANCE PROGRAM ....................... 770,000 40 --------------

41 General Fund 42 Local Assistance Account - 10000

43 For payment of annuities to blind veterans 44 and eligible surviving spouses. Up to 45 $15,000 of this appropriation may be 46 transferred to state operations for admin- 47 istrative costs associated with this 48 program (54606) ................................ 770,000 49 --------------

S. 10565 35

1 VETERANS' BENEFITS ADVISING PROGRAM ............. [ 330,000 ] 342,000 2 --------------

3 Special Revenue Funds - Other 4 Homeless Veterans Assistance Fund 5 Homeless Veterans Assistance Account - 20204

6 For services and expenses related to home- 7 less veterans' housing (54815) .. [ 330,000 ] 342,000 8 --------------

9 § 12. No expenditure may be made from any appropriation in this act, 10 until a certificate of approval has been issued by the director of the 11 budget and a copy of such certificate shall have been filed with the 12 state comptroller, the chairman of the senate finance committee and the 13 chairman of the assembly ways and means committee provided, however, 14 that any expenditures from any appropriation in this act made by the 15 legislature or judiciary shall not require such certificate.

16 § 13. All expenditures and disbursements made against the appropri- 17 ations in this act shall, upon final action by the legislature on appro- 18 priation bills submitted by the governor pursuant to article VII of the 19 state constitution for the support of government for the state fiscal 20 year beginning April 1, 2026, be transferred by the comptroller as 21 expenditures and disbursements to such appropriations for all state 22 departments and agencies, as applicable, in amounts equal to the amounts 23 charged against the appropriations in this act for each such department, 24 agency, and the legislature and the judiciary.

25 § 14. Severability clause. If any clause, sentence, paragraph, subdi- 26 vision, section or part of this act shall be adjudged by any court of 27 competent jurisdiction to be invalid, such judgment shall not affect, 28 impair, or invalidate the remainder thereof, but shall be confined in 29 its operation to the clause, sentence, paragraph, subdivision, section 30 or part thereof directly involved in the controversy in which such judg- 31 ment shall have been rendered. It is hereby declared to be the intent of 32 the legislature that this act would have been enacted even if such 33 invalid provisions had not been included herein.

34 § 15. This act shall take effect immediately and shall be deemed to 35 have been in full force and effect on and after April 1, 2026; provided, 36 however, that upon the transfer of expenditures and disbursements by the 37 comptroller as provided in section thirteen of this act, the appropri- 38 ations made by this act and subject to such section shall be deemed 39 repealed.

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