Bill Text: NY S06200 | 2023-2024 | General Assembly | Introduced
Bill Title: Provides for emergency appropriation for the period April 1, 2023 through April 10, 2023.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2023-04-03 - SUBSTITUTED BY A6063 [S06200 Detail]
Download: New_York-2023-S06200-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6200 2023-2024 Regular Sessions IN SENATE April 3, 2023 ___________ Introduced by Sen. KRUEGER -- (at request of the Governor) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT making appropriations for the support of government; and provid- ing for the repeal of such provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative intent. The legislature hereby finds and 2 declares that the enactment of these appropriations provides sufficient 3 authority to the comptroller for the purpose of making payments for the 4 purposes described herein until such time as appropriation bills submit- 5 ted by the governor pursuant to article VII of the state constitution 6 for the support of government for the state fiscal year beginning April 7 1, 2023 are enacted. 8 § 2. The amounts specified in this section, or so much thereof as 9 shall be sufficient to accomplish the purposes designated, is hereby 10 appropriated and authorized to be paid as hereinafter provided, to the 11 public officers and for the purpose specified, which amount shall be 12 available for the state fiscal year beginning April 1, 2023. 13 ALL STATE DEPARTMENTS AND AGENCIES 14 For the purpose of making payments for 15 personal service, including liabilities 16 incurred prior to April 1, 2023, on the 17 payrolls scheduled to be paid during the 18 period April 1 through April 10, 2023 to 19 state officers and employees of the execu- 20 tive branch. This appropriation also 21 includes funding for payment of health 22 care and mental hygiene bonuses to eligi- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12005-01-3S. 6200 2 1 ble state employees, and payments for 2 services performed by mentally ill or 3 developmentally disabled persons who are 4 employed in state-operated special employ- 5 ment, work-for-pay or sheltered workshop 6 programs ................................... 215,500,000 7 -------------- 8 § 3. The amount specified in this section, or so much thereof as shall 9 be sufficient to accomplish the purpose designated, is hereby appropri- 10 ated and authorized to be paid as hereinafter provided, to the public 11 officers and for the purpose specified, which amount shall be available 12 for the state fiscal year beginning April 1, 2023. 13 ALL STATE DEPARTMENTS AND AGENCIES 14 For the payment of state operations non 15 personal service liabilities to the execu- 16 tive branch, including the comptroller, 17 and the attorney general, incurred in the 18 ordinary course of business, during the 19 period April 1 through April 10, 2023, 20 pursuant to existing state law and for 21 purposes for which the legislature author- 22 ized the expenditure of moneys during the 23 2022-2023 state fiscal year; provided, 24 however, that nothing contained herein 25 shall be deemed to limit or restrict the 26 power or authority of state departments or 27 agencies to conduct their activities or 28 operations in accordance with existing 29 law, and further provided that nothing 30 contained herein shall be deemed to super- 31 sede, nullify or modify the provisions of 32 section 40 of the state finance law 33 prescribing when appropriations made for 34 the 2022-2023 state fiscal year shall have 35 ceased to have force and effect ............. 13,300,000 36 -------------- 37 § 4. The amounts specified in this section, or so much thereof as 38 shall be sufficient to accomplish the purposes designated, is hereby 39 appropriated and authorized to be paid as hereinafter provided, to the 40 public officers and for the purposes specified, which amount shall be 41 available for the state fiscal year beginning April 1, 2023. 42 ALL STATE DEPARTMENTS AND AGENCIES 43 The sum of twelve million eight hundred 44 sixty thousand dollars ($12,860,000), or 45 so much thereof as shall be sufficient to 46 accomplish the purpose designated, is 47 hereby appropriated for contracts and 48 grants approved for purposes for which the 49 legislature authorized the expenditures of 50 money during the 2022-2023 fiscal year. AnS. 6200 3 1 amount up to twelve million eight hundred 2 sixty thousand dollars ($12,860,000) shall 3 be available for the payment of capital 4 projects liabilities incurred during the 5 period from April 1 through April 10, 2023 6 for contracts and grants approved prior to 7 April 1, 2023, provided, however, that 8 nothing contained herein shall be deemed 9 to limit or restrict the power or authori- 10 ty of state departments or agencies to 11 conduct their activities or operations in 12 accordance with existing law, and further 13 provided that nothing contained herein 14 shall be deemed to supersede, nullify, or 15 modify the provisions of section 40 of the 16 state finance law prescribing when appro- 17 priations made for the 2022-2023 fiscal 18 year shall have ceased to have force and 19 effect ...................................... 12,860,000 20 -------------- 21 § 5. The several amounts specified in this section, or so much thereof 22 as shall be sufficient to accomplish the purposes designated, are hereby 23 appropriated and authorized to be paid as hereinafter provided, to the 24 respective public officers and for the several purposes specified, which 25 amounts shall be available for the state fiscal year beginning April 1, 26 2023. 27 ALL STATE DEPARTMENTS AND AGENCIES 28 The sum of two million one hundred forty 29 thousand dollars ($2,140,000), or so much 30 thereof as shall be sufficient to accom- 31 plish the purpose designated, is hereby 32 appropriated for contracts and grants 33 approved for which the legislature author- 34 ized the expenditures of money during the 35 2022-2023 fiscal year. An amount up to two 36 million one hundred forty thousand dollars 37 ($2,140,000) shall be available for the 38 payment of capital projects liabilities 39 incurred during the period from April 1 40 through April 10, 2023 for contracts and 41 grants approved after April 1, 2023, 42 provided, however, that nothing contained 43 herein shall be deemed to limit or 44 restrict the power or authority of state 45 departments or agencies to conduct their 46 activities or operations in accordance 47 with existing law, and further provided 48 that nothing contained herein shall be 49 deemed to supersede, nullify, or modify 50 the provisions of section 40 of the state 51 finance law prescribing when appropri- 52 ations made for the 2022-2023 fiscal year 53 shall have ceased to have force and effect ... 2,140,000S. 6200 4 1 -------------- 2 § 6. The amounts specified in this section, or so much thereof as 3 shall be sufficient to accomplish the purposes designated, is hereby 4 appropriated and authorized to be paid as hereinafter provided, to the 5 public officers and for the purposes specified, which amount shall be 6 available for the state fiscal year beginning April 1, 2023. 7 MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES 8 GENERAL STATE CHARGES 9 STATE OPERATIONS 10 GENERAL STATE CHARGES ...................................... 43,330,000 11 -------------- 12 General Fund 13 State Purposes Account - 10050 14 For employee fringe benefits according to 15 the following project schedule including 16 those benefits which are related to 17 employees paid from funds, accounts, or 18 programs where the division of the budget 19 has issued waivers .......................... 42,230,000 20 Project Schedule 21 PROJECT AMOUNT 22 -------------------------------------------- 23 For the state's contribution 24 to the social security 25 contribution fund ............. 42,000,000 26 For the state's share of 27 contributions to the volun- 28 tary defined contribution 29 plan made on behalf of 30 eligible employees pursuant 31 to chapter 18 of the laws of 32 2012 who elect to partic- 33 ipate in such plan and who 34 are not otherwise eligible 35 to participate in the SUNY 36 optional retirement program ...... 230,000 37 -------------- 38 Project schedule total .... 42,230,000 39 -------------- 40 For the payment of the metropolitan commuter 41 transportation mobility tax pursuant to 42 article 23 of the tax law as added by 43 chapter 25 of the laws of 2009 on behalf 44 of the state employees employed in the 45 metropolitan commuter transportation 46 district ..................................... 1,100,000 47 --------------S. 6200 5 1 § 7. The amounts 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 public officers and for the purposes specified, which amount shall be 5 available for the state fiscal year beginning April 1, 2023. 6 JUDICIARY 7 For the payment of state operations nonper- 8 sonal service liabilities, the sum of 9 thirty-three million three hundred and 10 thirty thousand dollars ($33,330,000), or 11 so much thereof as shall be sufficient to 12 accomplish the purpose designated, is 13 hereby appropriated to the judiciary out 14 of any moneys in the general fund or other 15 funds to the credit of the state purposes 16 account not otherwise appropriated. The 17 comptroller is hereby authorized and 18 directed to utilize this appropriation for 19 the purpose of making payments for non- 20 personal service liabilities incurred by 21 the judiciary from April 1 through April 22 10, 2023 .................................... 33,330,000 23 For the payment of aid to localities liabil- 24 ities, the sum of ten million dollars 25 ($10,000,000), or so much thereof as shall 26 be sufficient to accomplish the purpose 27 designated, is hereby appropriated to the 28 judiciary out of any moneys in the general 29 fund or other funds to the credit of the 30 state purposes account not otherwise 31 appropriated. The comptroller is hereby 32 authorized and directed to utilize this 33 appropriation for the purpose of making 34 payments for aid to localities liabilities 35 incurred by the judiciary from April 1 36 through April 10, 2023 ...................... 10,000,000 37 For the payment of employee fringe benefit 38 programs including, but not limited to, 39 the judiciary's contributions to the 40 health insurance fund, the employees' 41 retirement system pension accumulation 42 fund, the social security contribution 43 fund, employee benefit fund programs, the 44 dental insurance plan, the vision care 45 plan, the unemployment insurance fund, and 46 for workers' compensation benefits, the 47 sum of seventy-five million dollars 48 ($75,000,000), or so much thereof as shall 49 be sufficient to accomplish the purpose 50 designated, is hereby appropriated to the 51 judiciary out of any moneys in the general 52 fund or other funds to the credit of the 53 state purposes account not otherwise 54 appropriated. The comptroller is herebyS. 6200 6 1 authorized and directed to utilize this 2 appropriation for the purpose of making 3 payments for employee fringe benefit 4 liabilities incurred by the judiciary from 5 April 1 through April 10, 2023 .............. 75,000,000 6 § 8. The amounts specified in this section, or so much thereof as 7 shall be sufficient to accomplish the purposes designated, is hereby 8 appropriated and authorized to be paid as hereinafter provided, to the 9 public officers and for the purposes specified, which amount shall be 10 available for the state fiscal year beginning April 1, 2023. 11 DEPARTMENT OF HEALTH 12 AID TO LOCALITIES 13 CENTER FOR COMMUNITY HEALTH PROGRAM ......................... 13,867,000 14 -------------- 15 General Fund 16 Local Assistance Account - 10000 17 For services and expenses related to the 18 Indian health program. The moneys hereby 19 appropriated shall be for payment of 20 financial assistance heretofore accrued or 21 hereafter to accrue (26840) .................. 3,200,000 22 -------------- 23 Special Revenue Funds - Federal 24 Federal USDA-Food and Nutrition Services Fund 25 Federal Food and Nutrition Services Account - 25022 26 For various federal food and nutritional 27 services. The moneys hereby appropriated 28 shall be available for payment of finan- 29 cial assistance heretofore accrued (26986) .. 10,667,000 30 -------------- 31 § 9. The amounts specified in this section, or so much thereof as 32 shall be sufficient to accomplish the purposes designated, is hereby 33 appropriated and authorized to be paid as hereinafter provided, to the 34 public officers and for the purposes specified, which amount shall be 35 available for the state fiscal year beginning April 1, 2023. 36 JUSTICE CENTER FOR THE PROTECTION 37 OF PEOPLE WITH SPECIAL NEEDS 38 AID TO LOCALITIES 39 COMMUNITY SUPPORT PROGRAMS ..................................... 105,000 40 -------------- 41 General Fund 42 Local Assistance Account - 10000S. 6200 7 1 Notwithstanding any other provision of law, 2 the money hereby appropriated may be 3 increased or decreased by interchange, 4 with any appropriation of the justice 5 center for the protection of people with 6 special needs, and may be increased or 7 decreased by transfer or suballocation 8 between these appropriated amounts and 9 appropriations of the office of mental 10 health, office for people with develop- 11 mental disabilities, office of addiction 12 services and supports, department of 13 health, and the office of children and 14 family services with the approval of the 15 director of the budget who shall file such 16 approval with the department of audit and 17 control and copies thereof with the chair- 18 man of the senate finance committee and 19 the chairman of the assembly ways and 20 means committee. For surrogate decision- 21 making committee program contracts with 22 local service providers (48926) ................ 105,000 23 -------------- 24 § 10. The amount specified in this section, or so much thereof as 25 shall be sufficient to accomplish the purpose designated, is hereby 26 appropriated and authorized to be paid as hereinafter provided, to the 27 public officers and for the purpose specified, which amount shall be 28 available for the state fiscal year beginning April 1, 2023. 29 DEPARTMENT OF MENTAL HYGIENE 30 OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES 31 AID TO LOCALITIES 32 COMMUNITY SERVICES PROGRAM ................................. 173,054,000 33 -------------- 34 General Fund 35 Local Assistance Account - 10000 36 For services and expenses of the community 37 services program, net of disallowances, 38 for community programs for people with 39 developmental disabilities pursuant to 40 article 41 of the mental hygiene law, 41 and/or chapter 620 of the laws of 1974, 42 chapter 660 of the laws of 1977, chapter 43 412 of the laws of 1981, chapter 27 of the 44 laws of 1987, chapter 729 of the laws of 45 1989, chapter 329 of the laws of 1993 and 46 other provisions of the mental hygiene 47 law. Notwithstanding any inconsistent 48 provision of law, the following appropri- 49 ation shall be net of prior and/or currentS. 6200 8 1 year refunds, rebates, reimbursements, and 2 credits. 3 Notwithstanding any other provision of law, 4 advances and reimbursement made pursuant 5 to subdivision (d) of section 41.15 and 6 section 41.18 of the mental hygiene law 7 shall be allocated pursuant to a plan and 8 in a manner prescribed by the agency head 9 and approved by the director of the budg- 10 et. The moneys hereby appropriated are 11 available to reimburse or advance locali- 12 ties and voluntary non-profit agencies for 13 expenditures made during local fiscal 14 periods commencing January 1, 2022, April 15 1, 2022 or July 1, 2022, and for advances 16 for the 3 month period beginning January 17 1, 2023. 18 Notwithstanding the provisions of article 41 19 of the mental hygiene law or any other 20 inconsistent provision of law, rule or 21 regulation, the commissioner, pursuant to 22 such contract and in the manner provided 23 therein, may pay all or a portion of the 24 expenses incurred by such voluntary agen- 25 cies arising out of loans which are funded 26 from the proceeds of bonds and notes 27 issued by the dormitory authority of the 28 state of New York. 29 Notwithstanding any other provision of law, 30 the money hereby appropriated may be 31 transferred to state operations and/or any 32 appropriation of the office for people 33 with developmental disabilities with the 34 approval of the director of the budget. 35 Notwithstanding any inconsistent provision 36 of law, moneys from this appropriation may 37 be used for state aid of up to 100 percent 38 of the net deficit costs of day training 39 programs and family support services. 40 Notwithstanding the provisions of section 41 16.23 of the mental hygiene law and any 42 other inconsistent provision of law, with 43 relation to the operation of certified 44 family care homes, including family care 45 homes sponsored by voluntary not-for-pro- 46 fit agencies, moneys from this appropri- 47 ation may be used for payments to purchase 48 general services including but not limited 49 to respite providers, up to a maximum of 50 14 days, at rates to be established by the 51 commissioner and approved by the director 52 of the budget in consideration of factors 53 including, but not limited to, geographic 54 area and number of clients cared for in 55 the home and for payment in an amount 56 determined by the commissioner for theS. 6200 9 1 personal needs of each client residing in 2 the family care home. 3 Notwithstanding the provisions of subdivi- 4 sion 12 of section 8 of the state finance 5 law and any other inconsistent provision 6 of law, moneys from this appropriation may 7 be used for expenses of family care homes 8 including payments to operators of certi- 9 fied family care homes for damages caused 10 by clients to personal and real property 11 in accordance with standards established 12 by the commissioner and approved by the 13 director of the budget. 14 Notwithstanding any inconsistent provision 15 of law, moneys from this appropriation may 16 be used for appropriate day program 17 services and residential services includ- 18 ing, but not limited to, direct housing 19 subsidies to individuals, start-up 20 expenses for family care providers, envi- 21 ronmental modifications, adaptive technol- 22 ogies, appraisals, property options, 23 feasibility studies and preoperational 24 expenses. 25 Notwithstanding any inconsistent provision 26 of law except pursuant to a chapter of the 27 laws of 2022 authorizing a 5.4 percent 28 cost of living adjustment, for the period 29 commencing on April 1, 2022 and ending 30 March 31, 2023 the commissioner shall not 31 apply any other cost of living adjustment 32 for the purpose of establishing rates of 33 payments, contracts or any other form of 34 reimbursement. 35 Notwithstanding section 6908 of the educa- 36 tion law and any other provision of law, 37 rule or regulation to the contrary, direct 38 support staff in programs certified or 39 approved by the office for people with 40 developmental disabilities, including the 41 home and community based services waiver 42 programs that the office for people with 43 developmental disabilities is authorized 44 to administer with federal approval pursu- 45 ant to subdivision (c) of section 1915 of 46 the federal social security act, are 47 authorized to provide such tasks as OPWDD 48 may specify when performed under the 49 supervision, training and periodic 50 inspection of a registered professional 51 nurse and in accordance with an authorized 52 practitioner's ordered care. 53 Notwithstanding any other provision of law 54 to the contrary, and consistent with 55 section 33.07 of the mental hygiene law, 56 the directors of facilities licensed butS. 6200 10 1 not operated by the office for people with 2 developmental disabilities who act as 3 federally-appointed representative payees 4 and who assume management responsibility 5 over the funds of a resident may continue 6 to use such funds for the cost of the 7 resident's care and treatment, consistent 8 with federal law and regulations. 9 Funds appropriated herein shall be available 10 in accordance with the following: 11 Notwithstanding any inconsistent provision 12 of law, the director of the budget is 13 authorized to make suballocations from 14 this appropriation to the department of 15 health medical assistance program. 16 Notwithstanding any inconsistent provision 17 of law, and pursuant to criteria estab- 18 lished by the commissioner of the office 19 for people with developmental disabilities 20 and approved by the director of the budg- 21 et, expenditures may be made from this 22 appropriation for residential facilities 23 which are pending recertification as 24 intermediate care facilities for people 25 with developmental disabilities. 26 Notwithstanding the provisions of section 27 41.36 of the mental hygiene law and any 28 other inconsistent provision of law, 29 moneys from this appropriation may be used 30 for payment up to $250 per year per 31 client, at such times and in such manner 32 as determined by the commissioner on the 33 basis of financial need for the personal 34 needs of each client residing in voluntary 35 operated community residences and volun- 36 tary-operated community residential alter- 37 natives, including individualized residen- 38 tial alternatives under the home and 39 community based services waiver. The 40 commissioner shall, subject to the 41 approval of the director of the budget, 42 alter existing advance payment schedules 43 for voluntary-operated community resi- 44 dences established pursuant to section 45 41.36 of the mental hygiene law. Notwith- 46 standing any inconsistent provision of law 47 moneys from this appropriation may be used 48 for the operation of clinics licensed 49 pursuant to article 16 of the mental 50 hygiene law including, but not limited to, 51 supportive and habilitative services 52 consistent with the home and community 53 based services waiver. Notwithstanding 54 sections 112 and 163 of the state finance 55 law and section 142 of the economic devel- 56 opment law, or any other inconsistentS. 6200 11 1 provision of law, funds appropriated to 2 the department of health in accordance 3 with a schedule based upon approved Medi- 4 caid claims for eligible home and communi- 5 ty-based services, or other approved 6 services as defined in section nine thou- 7 sand eight hundred and seventeen of the 8 American rescue plan act of 2021, from 9 April 1, 2021 through March 31, 2023 and 10 made available by the department of health 11 via sub-allocation or transfer of up to 12 $740,000,000 may be allocated and distrib- 13 uted by the commissioner of the office for 14 people with developmental disabilities, 15 subject to approval of the director of the 16 budget, without a competitive bid or 17 request for proposal process for the 18 services and expenses of qualified appli- 19 cants. All awards will be granted utiliz- 20 ing criteria established by the commis- 21 sioner of the office for people with 22 developmental disabilities to strengthen 23 and enhance home and community-based 24 services consistent with the American 25 rescue plan act of 2021. 26 For the state share of medical assistance 27 services expenses incurred by the depart- 28 ment of health for the provision of 29 medical assistance services to people with 30 developmental disabilities (37835) ......... 152,106,000 31 For services and expenses of the community 32 services program, net of disallowances, 33 for community programs for people with 34 developmental disabilities pursuant to 35 article 41 of the mental hygiene law, 36 and/or chapter 620 of the laws of 1974, 37 chapter 660 of the laws of 1977, chapter 38 412 of the laws of 1981, chapter 27 of the 39 laws of 1987, chapter 729 of the laws of 40 1989, chapter 329 of the laws of 1993 and 41 other provisions of the mental hygiene 42 law. Notwithstanding any inconsistent 43 provision of law, the following appropri- 44 ation shall be net of prior and/or current 45 year refunds, rebates, reimbursements, and 46 credits. 47 Notwithstanding any other provision of law, 48 advances and reimbursement made pursuant 49 to subdivision (d) of section 41.15 and 50 section 41.18 of the mental hygiene law 51 shall be allocated pursuant to a plan and 52 in a manner prescribed by the agency head 53 and approved by the director of the budg- 54 et. The moneys hereby appropriated are 55 available to reimburse or advance locali- 56 ties and voluntary non-profit agencies forS. 6200 12 1 expenditures made during local fiscal 2 periods commencing January 1, 2022, April 3 1, 2022 or July 1, 2022, and for advances 4 for the 3 month period beginning January 5 1, 2023. 6 Notwithstanding the provisions of article 41 7 of the mental hygiene law or any other 8 inconsistent provision of law, rule or 9 regulation, the commissioner, pursuant to 10 such contract and in the manner provided 11 therein, may pay all or a portion of the 12 expenses incurred by such voluntary agen- 13 cies arising out of loans which are funded 14 from the proceeds of bonds and notes 15 issued by the dormitory authority of the 16 state of New York. 17 Notwithstanding any other provision of law, 18 the money hereby appropriated may be 19 transferred to state operations and/or any 20 appropriation of the office for people 21 with developmental disabilities with the 22 approval of the director of the budget. 23 Notwithstanding any inconsistent provision 24 of law, moneys from this appropriation may 25 be used for state aid of up to 100 percent 26 of the net deficit costs of day training 27 programs and family support services. 28 Notwithstanding the provisions of section 29 16.23 of the mental hygiene law and any 30 other inconsistent provision of law, with 31 relation to the operation of certified 32 family care homes, including family care 33 homes sponsored by voluntary not-for-pro- 34 fit agencies, moneys from this appropri- 35 ation may be used for payments to purchase 36 general services including but not limited 37 to respite providers, up to a maximum of 5 38 days, at rates to be established by the 39 commissioner and approved by the director 40 of the budget in consideration of factors 41 including, but not limited to, geographic 42 area and number of clients cared for in 43 the home and for payment in an amount 44 determined by the commissioner for the 45 personal needs of each client residing in 46 the family care home. 47 Notwithstanding the provisions of subdivi- 48 sion 12 of section 8 of the state finance 49 law and any other inconsistent provision 50 of law, moneys from this appropriation may 51 be used for expenses of family care homes 52 including payments to operators of certi- 53 fied family care homes for damages caused 54 by clients to personal and real property 55 in accordance with standards establishedS. 6200 13 1 by the commissioner and approved by the 2 director of the budget. 3 Notwithstanding any inconsistent provision 4 of law, moneys from this appropriation may 5 be used for appropriate day program 6 services and residential services includ- 7 ing, but not limited to, direct housing 8 subsidies to individuals, start-up 9 expenses for family care providers, envi- 10 ronmental modifications, adaptive technol- 11 ogies, appraisals, property options, 12 feasibility studies and preoperational 13 expenses. 14 Notwithstanding any inconsistent provision 15 of law except pursuant to a chapter of the 16 laws of 2021 authorizing a 5.4 percent 17 cost of living adjustment, for the period 18 commencing on April 1, 2022 and ending 19 March 31, 2023 the commissioner shall not 20 apply any other cost of living adjustment 21 for the purpose of establishing rates of 22 payments, contracts or any other form of 23 reimbursement. 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 the 37 office for people with developmental disa- 38 bilities may specify when performed under 39 the supervision, training and periodic 40 inspection of a registered professional 41 nurse and in accordance with an authorized 42 practitioner's ordered care. 43 Notwithstanding any other provision of law 44 to the contrary, and consistent with 45 section 33.07 of the mental hygiene law, 46 the directors of facilities licensed but 47 not operated by the office for people with 48 developmental disabilities who act as 49 federally-appointed representative payees 50 and who assume management responsibility 51 over the funds of a resident may continue 52 to use such funds for the cost of the 53 resident's care and treatment, consistent 54 with federal law and regulations.S. 6200 14 1 For services and expenses related to provid- 2 ing health care and mental hygiene worker 3 bonuses. 4 Funds appropriated herein shall be available 5 in accordance with the following: 6 Notwithstanding any other provision of law 7 to the contrary, funds appropriated herein 8 are available to reimburse in- and out-of- 9 state private residential schools, pursu- 10 ant to subdivision (c) of section 13.37-a 11 and subdivision (g) of section 13.38 of 12 the mental hygiene law, for costs of 13 supporting the residential and day program 14 services available to individuals who are 15 over the age of 21 years of age, provided 16 that the amount paid for residential 17 services and/or maintenance costs is net 18 of any supplemental security income bene- 19 fit to which the individual receiving 20 services is eligible, and provided further 21 that funding for nonresidential services 22 will be in an amount not to exceed the 23 maximum reimbursement for appropriate day 24 services delivered by the office for 25 people with developmental disabilities 26 certified or approved providers other than 27 in- and out-of-state private residential 28 schools, unless otherwise authorized by 29 the director of the budget. 30 Notwithstanding section 163 of the state 31 finance law, section 142 of the economic 32 development law, and article 41 of the 33 mental hygiene law, the commissioner of 34 the office for people with developmental 35 disabilities may make the funds appropri- 36 ated herein available as state aid, a loan 37 or a grant, pursuant to terms and condi- 38 tions established by the commissioner of 39 the office for people with developmental 40 disabilities, to cover a portion of the 41 development costs of private, public 42 and/or non-profit organizations, including 43 corporations and partnerships established 44 pursuant to the private housing finance 45 law and/or any other statutory provisions, 46 for supportive housing units that have 47 been set aside for individuals with intel- 48 lectual and developmental disabilities. 49 Further, the office for people with devel- 50 opmental disabilities shall have a lien on 51 the real property developed with such 52 state aid, loans or grants, which shall be 53 in the amount of the loan or grant, for a 54 maximum term of 30 years, or other longer 55 term consistent with the requirements of 56 another regulatory agency.S. 6200 15 1 For services and expenses related to the 2 provision of residential services to 3 people with developmental disabilities 4 (37802) ..................................... 11,880,000 5 For services and expenses related to the 6 provision of day program services to 7 people with developmental disabilities 8 (37803) ...................................... 2,674,000 9 For services and expenses related to the 10 provision of family support services to 11 people with developmental disabilities 12 (37804) ...................................... 3,732,000 13 For services and expenses related to the 14 provision of workshop, day training and 15 employment services to people with devel- 16 opmental disabilities. Notwithstanding any 17 other provision of law, up to $800,000 of 18 this appropriation may be transferred to 19 the New York State Education Departments' 20 Adult Career and Continuing Education 21 Services - Vocational Rehabilitation 22 (ACCES-VR) program to support the Long- 23 Term Sheltered Employment program operated 24 by FEDCAP Rehabilitation Services, Inc. 25 (37805) ...................................... 2,154,000 26 For other services and expenses provided to 27 people with developmental disabilities 28 including but not limited to hepatitis B, 29 care at home waiver, epilepsy services, 30 Special Olympics New York, Inc. and volun- 31 tary fingerprinting (37806) .................... 508,000 32 -------------- 33 § 11. No expenditure may be made from any appropriation in this act, 34 until a certificate of approval has been issued by the director of the 35 budget and a copy of such certificate shall have been filed with the 36 state comptroller, the chairman of the senate finance committee and the 37 chairman of the assembly ways and means committee provided, however, 38 that any expenditures from any appropriation in this act made by the 39 legislature or judiciary shall not require such certificate. 40 § 12. All expenditures and disbursements made against the appropri- 41 ations in this act shall, upon final action by the legislature on appro- 42 priation bills submitted by the governor pursuant to article VII of the 43 state constitution for the support of government for the state fiscal 44 year beginning April 1, 2023, be transferred by the comptroller as 45 expenditures and disbursements to such appropriations for all state 46 departments and agencies, as applicable, in amounts equal to the amounts 47 charged against the appropriations in this act for each such department, 48 agency, and the legislature and the judiciary. 49 § 13. Severability clause. If any clause, sentence, paragraph, subdi- 50 vision, section or part of this act shall be adjudged by any court of 51 competent jurisdiction to be invalid, such judgment shall not affect, 52 impair, or invalidate the remainder thereof, but shall be confined in 53 its operation to the clause, sentence, paragraph, subdivision, sectionS. 6200 16 1 or part thereof directly involved in the controversy in which such judg- 2 ment shall have been rendered. It is hereby declared to be the intent of 3 the legislature that this act would have been enacted even if such 4 invalid provisions had not been included herein. 5 § 14. This act shall take effect immediately and shall be deemed to 6 have been in full force and effect on and after April 1, 2023; provided, 7 however, that upon the transfer of expenditures and disbursements by the 8 comptroller as provided in section twelve of this act, the appropri- 9 ations made by this act and subject to such section shall be deemed 10 repealed.
