| Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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| Apr 03, 2023 | signed chap.121 delivered to governor returned to assembly passed senate message of necessity - 3 day message message of necessity - appropriation 3rd reading cal.588 substituted for s6200 |
| Apr 03, 2023 | substituted by a6063 ordered to third reading cal.588 referred to rules |
senate Bill S6200
Signed By Governor2023-2024 Legislative Session
Provides for emergency appropriation for the period April 1, 2023 through April 10, 2023
Sponsored By
Liz Krueger
(D, WF) 28th Senate District
Current Bill Status Via A6063 - Signed by Governor
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed by Governor
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Votes
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Apr 3, 2023 - floor Vote
A6063610floor61Aye0Nay0Absent2Excused0Abstained-
show floor vote details
Floor Vote: Apr 3, 2023
aye (61)- Addabbo
- Ashby
- Bailey
- Borrello
- Breslin
- Brisport
- Brouk
- Canzoneri-Fitzpatrick
- Chu
- Cleare
- Comrie
- Cooney
- Fernandez
- Gallivan
- Gianaris
- Gonzalez
- Gounardes
- Griffo
- Harckham
- Helming
- Hinchey
- Hoylman-Sigal
- Jackson
- Kavanagh
- Kennedy
- Krueger
- Lanza
- Liu
- Mannion
- Martinez
- Martins
- Mattera
- May
- Mayer
- Murray
- Myrie
- O'Mara
- Oberacker
- Ortt
- Palumbo
- Persaud
- Ramos
- Rhoads
- Rivera
- Rolison
- Ryan
- Salazar
- Sanders
- Scarcella-Spanton
- Sepúlveda
- Serrano
- Skoufis
- Stavisky
- Stec
- Stewart-Cousins
- Tedisco
- Thomas
- Walczyk
- Webb
- Weber
- Weik
Apr 3, 2023 - Rules committee Vote
S6200190committee19Aye0Nay2Aye with Reservations0Absent0Excused0Abstained -
show floor vote details
S6200 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A6063
- Law Section:
- Appropriations
S6200 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6200 SPONSOR: KRUEGER TITLE OF BILL: An act making appropriations for the support of government; and provid- ing for the repeal of such provisions upon expiration thereof PURPOSE: This bill provides appropriations to various State departments and agen- cies to permit certain payments due from April 1 to April 10, 2023, to be made absent enactment of the Budget appropriation bills submitted by the Governor for the State fiscal year beginning April 1, 2023. SUMMARY OF PROVISIONS: Section 1 authorizes the Comptroller to utilize the appropriations contained in this bill, which relate to the 2023-24 State fiscal year, absent enactment of the 2023-24 Budget. Section 2 provides: $215.5 million in appropriation authority for
personal service payments scheduled to be made to State officers and employees on the payrolls scheduled to be paid between April 1 through April 10, 2023. This appropriation also includes funding for payment of health care and mental hygiene bonuses to eligible State employees, and payment for services performed by mentally ill or developmentally disa- bled persons who are employed in State operated special employment, work for pay or sheltered workshop programs. Section 3 provides $13.3 million in appropriation authority for nonper- sonal service payments by various State agencies. It is the intent of this section to provide sufficient authorization for agencies to enter into contracts, the terms of which may continue beyond the life of this appropriation and for which payments for liabilities incurred beyond April 10, 2023 would be made subject to additional future appropri- ations. Section 4 provides $12.9 million in appropriation authority for existing capital projects contract costs approved prior to April 1, 2023 for all agencies. Section 5 provides $2.1 million in appropriation authority for existing capital projects contract costs approved after April 1, 2023 for all agencies. Section 6 provides appropriation authority of $43.3 million for payment of State employee and retiree fringe benefits and other fixed costs mandated by statute or collective bargaining agreement during the period April 1 to April 10, 2023. The appropriation amount includes the State's contribution to the Social Security payroll tax, the Voluntary Defined Contribution Plan, and the Metropolitan Commuter Transportation Mobility Tax. Section 7 provides: *$33.3 million in appropriation authority for nonpersonal service liabilities incurred by the Judiciary. *$10,000,000 in appropriation authority for aid to localities liabil- ities incurred by the Judiciary. *$75 million in appropriation authority for various employee fringe benefit programs within the Judiciary. Section 8 provides: *$3,200,000 to the Department of Health for the Center for Community Health Program. The funds are in support of the American Indian Health Care Program to provide payments to support pharmacy providers. *$10,667,000 to the Department of Health for the Special Supplemental Nutrition Program for Women, Infants, and Children Program. The funds are in support of daily draws that reimburse vendors for services provided. Section 9 provides $105,000 in appropriation authority for the Justice Center for the Protection of People with Special Needs to support the Surrogate Decision-Making Committee. Section 10 provides $173 million in appropriation authority to the Office for People with Developmental Disabilities to support not-forpro- fit providers of essential programs and services. Section 11 prohibits expenditures from all appropriations until certif- icates of approval have been issued by the Director of the Budget and filed with certain State officers. Section 12 requires the Comptroller to transfer any expenditures made against these appropriations to the 2023-24 Budget appropriations after they have become law. Section 13, the severability clause, provides that if any part of this Act be adjudged by any court of competent jurisdiction to be invalid, such judgment would not invalidate the remainder of the Act. Section 14 provides that the bill takes effect immediately and is deemed to be in full force and effect on April 1, 2023, and, further, that the appropriations made in the bill will be deemed repealed upon the trans- fer of expenditures by the Comptroller pursuant to section 12 of the bill. STATEMENT IN SUPPORT: This bill will allow the State to make certain payments and incur certain liabilities during the period April 1 through April 10, 2023 on a timely basis, in the absence of an enacted budget for State fiscal year 2023-24. BUDGET IMPLICATIONS: Expenditures and disbursements made against these appropriations shall, upon final action by the Legislature on the appropriation bills submit- ted by the Governor for the support of government for the State fiscal year beginning April 1, 2023, be transferred by the Comptroller as expenditures and disbursements to such appropriations for State depart- ments and agencies. Accordingly, this bill will have no additional impact on the State's 2023-24 Financial Plan.
S6200 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
6200
2023-2024 Regular Sessions
I N S E N A T E
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:
Section 1. Legislative intent. The legislature hereby finds and
declares that the enactment of these appropriations provides sufficient
authority to the comptroller for the purpose of making payments for the
purposes described herein until such time as appropriation bills submit-
ted by the governor pursuant to article VII of the state constitution
for the support of government for the state fiscal year beginning April
1, 2023 are enacted.
§ 2. The amounts specified in this section, or so much thereof as
shall be sufficient to accomplish the purposes designated, is hereby
appropriated and authorized to be paid as hereinafter provided, to the
public officers and for the purpose specified, which amount shall be
available for the state fiscal year beginning April 1, 2023.
ALL STATE DEPARTMENTS AND AGENCIES
For the purpose of making payments for
personal service, including liabilities
incurred prior to April 1, 2023, on the
payrolls scheduled to be paid during the
period April 1 through April 10, 2023 to
state officers and employees of the execu-
tive branch. This appropriation also
includes funding for payment of health
care and mental hygiene bonuses to eligi-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12005-01-3
S. 6200 2
ble state employees, and payments for
services performed by mentally ill or
developmentally disabled persons who are
employed in state-operated special employ-
ment, work-for-pay or sheltered workshop
programs ................................... 215,500,000
--------------
§ 3. The amount specified in this section, or so much thereof as shall
be sufficient to accomplish the purpose designated, is hereby appropri-
ated and authorized to be paid as hereinafter provided, to the public
officers and for the purpose specified, which amount shall be available
for the state fiscal year beginning April 1, 2023.
ALL STATE DEPARTMENTS AND AGENCIES
For the payment of state operations non
personal service liabilities to the execu-
tive branch, including the comptroller,
and the attorney general, incurred in the
ordinary course of business, during the
period April 1 through April 10, 2023,
pursuant to existing state law and for
purposes for which the legislature author-
ized the expenditure of moneys during the
2022-2023 state fiscal year; provided,
however, that nothing contained herein
shall be deemed to limit or restrict the
power or authority of state departments or
agencies to conduct their activities or
operations in accordance with existing
law, and further provided that nothing
contained herein shall be deemed to super-
sede, nullify or modify the provisions of
section 40 of the state finance law
prescribing when appropriations made for
the 2022-2023 state fiscal year shall have
ceased to have force and effect ............. 13,300,000
--------------
§ 4. The amounts specified in this section, or so much thereof as
shall be sufficient to accomplish the purposes designated, is hereby
appropriated and authorized to be paid as hereinafter provided, to the
public officers and for the purposes specified, which amount shall be
available for the state fiscal year beginning April 1, 2023.
ALL STATE DEPARTMENTS AND AGENCIES
The sum of twelve million eight hundred
sixty thousand dollars ($12,860,000), or
so much thereof as shall be sufficient to
accomplish the purpose designated, is
hereby appropriated for contracts and
grants approved for purposes for which the
legislature authorized the expenditures of
money during the 2022-2023 fiscal year. An
S. 6200 3
amount up to twelve million eight hundred
sixty thousand dollars ($12,860,000) shall
be available for the payment of capital
projects liabilities incurred during the
period from April 1 through April 10, 2023
for contracts and grants approved prior to
April 1, 2023, provided, however, that
nothing contained herein shall be deemed
to limit or restrict the power or authori-
ty of state departments or agencies to
conduct their activities or operations in
accordance with existing law, and further
provided that nothing contained herein
shall be deemed to supersede, nullify, or
modify the provisions of section 40 of the
state finance law prescribing when appro-
priations made for the 2022-2023 fiscal
year shall have ceased to have force and
effect ...................................... 12,860,000
--------------
§ 5. The several amounts specified in this section, or so much thereof
as shall be sufficient to accomplish the purposes designated, are hereby
appropriated and authorized to be paid as hereinafter provided, to the
respective public officers and for the several purposes specified, which
amounts shall be available for the state fiscal year beginning April 1,
2023.
ALL STATE DEPARTMENTS AND AGENCIES
The sum of two million one hundred forty
thousand dollars ($2,140,000), or so much
thereof as shall be sufficient to accom-
plish the purpose designated, is hereby
appropriated for contracts and grants
approved for which the legislature author-
ized the expenditures of money during the
2022-2023 fiscal year. An amount up to two
million one hundred forty thousand dollars
($2,140,000) shall be available for the
payment of capital projects liabilities
incurred during the period from April 1
through April 10, 2023 for contracts and
grants approved after April 1, 2023,
provided, however, that nothing contained
herein shall be deemed to limit or
restrict the power or authority of state
departments or agencies to conduct their
activities or operations in accordance
with existing law, and further provided
that nothing contained herein shall be
deemed to supersede, nullify, or modify
the provisions of section 40 of the state
finance law prescribing when appropri-
ations made for the 2022-2023 fiscal year
shall have ceased to have force and effect ... 2,140,000
S. 6200 4
--------------
§ 6. The amounts specified in this section, or so much thereof as
shall be sufficient to accomplish the purposes designated, is hereby
appropriated and authorized to be paid as hereinafter provided, to the
public officers and for the purposes specified, which amount shall be
available for the state fiscal year beginning April 1, 2023.
MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES
GENERAL STATE CHARGES
STATE OPERATIONS
GENERAL STATE CHARGES ...................................... 43,330,000
--------------
General Fund
State Purposes Account - 10050
For employee fringe benefits according to
the following project schedule including
those benefits which are related to
employees paid from funds, accounts, or
programs where the division of the budget
has issued waivers .......................... 42,230,000
Project Schedule
PROJECT AMOUNT
--------------------------------------------
For the state's contribution
to the social security
contribution fund ............. 42,000,000
For the state's share of
contributions to the volun-
tary defined contribution
plan made on behalf of
eligible employees pursuant
to chapter 18 of the laws of
2012 who elect to partic-
ipate in such plan and who
are not otherwise eligible
to participate in the SUNY
optional retirement program ...... 230,000
--------------
Project schedule total .... 42,230,000
--------------
For the payment of the metropolitan commuter
transportation mobility tax pursuant to
article 23 of the tax law as added by
chapter 25 of the laws of 2009 on behalf
of the state employees employed in the
metropolitan commuter transportation
district ..................................... 1,100,000
--------------
S. 6200 5
§ 7. The amounts specified in this section, or so much thereof as
shall be sufficient to accomplish the purposes designated, is hereby
appropriated and authorized to be paid as hereinafter provided, to the
public officers and for the purposes specified, which amount shall be
available for the state fiscal year beginning April 1, 2023.
JUDICIARY
For the payment of state operations nonper-
sonal service liabilities, the sum of
thirty-three million three hundred and
thirty thousand dollars ($33,330,000), or
so much thereof as shall be sufficient to
accomplish the purpose designated, is
hereby appropriated to the judiciary out
of any moneys in the general fund or other
funds to the credit of the state purposes
account not otherwise appropriated. The
comptroller is hereby authorized and
directed to utilize this appropriation for
the purpose of making payments for non-
personal service liabilities incurred by
the judiciary from April 1 through April
10, 2023 .................................... 33,330,000
For the payment of aid to localities liabil-
ities, the sum of ten million dollars
($10,000,000), or so much thereof as shall
be sufficient to accomplish the purpose
designated, is hereby appropriated to the
judiciary out of any moneys in the general
fund or other funds to the credit of the
state purposes account not otherwise
appropriated. The comptroller is hereby
authorized and directed to utilize this
appropriation for the purpose of making
payments for aid to localities liabilities
incurred by the judiciary from April 1
through April 10, 2023 ...................... 10,000,000
For the payment of employee fringe benefit
programs including, but not limited to,
the judiciary's contributions to the
health insurance fund, the employees'
retirement system pension accumulation
fund, the social security contribution
fund, employee benefit fund programs, the
dental insurance plan, the vision care
plan, the unemployment insurance fund, and
for workers' compensation benefits, the
sum of seventy-five million dollars
($75,000,000), or so much thereof as shall
be sufficient to accomplish the purpose
designated, is hereby appropriated to the
judiciary out of any moneys in the general
fund or other funds to the credit of the
state purposes account not otherwise
appropriated. The comptroller is hereby
S. 6200 6
authorized and directed to utilize this
appropriation for the purpose of making
payments for employee fringe benefit
liabilities incurred by the judiciary from
April 1 through April 10, 2023 .............. 75,000,000
§ 8. The amounts specified in this section, or so much thereof as
shall be sufficient to accomplish the purposes designated, is hereby
appropriated and authorized to be paid as hereinafter provided, to the
public officers and for the purposes specified, which amount shall be
available for the state fiscal year beginning April 1, 2023.
DEPARTMENT OF HEALTH
AID TO LOCALITIES
CENTER FOR COMMUNITY HEALTH PROGRAM ......................... 13,867,000
--------------
General Fund
Local Assistance Account - 10000
For services and expenses related to the
Indian health program. The moneys hereby
appropriated shall be for payment of
financial assistance heretofore accrued or
hereafter to accrue (26840) .................. 3,200,000
--------------
Special Revenue Funds - Federal
Federal USDA-Food and Nutrition Services Fund
Federal Food and Nutrition Services Account - 25022
For various federal food and nutritional
services. The moneys hereby appropriated
shall be available for payment of finan-
cial assistance heretofore accrued (26986) .. 10,667,000
--------------
§ 9. The amounts specified in this section, or so much thereof as
shall be sufficient to accomplish the purposes designated, is hereby
appropriated and authorized to be paid as hereinafter provided, to the
public officers and for the purposes specified, which amount shall be
available for the state fiscal year beginning April 1, 2023.
JUSTICE CENTER FOR THE PROTECTION
OF PEOPLE WITH SPECIAL NEEDS
AID TO LOCALITIES
COMMUNITY SUPPORT PROGRAMS ..................................... 105,000
--------------
General Fund
Local Assistance Account - 10000
S. 6200 7
Notwithstanding any other provision of law,
the money hereby appropriated may be
increased or decreased by interchange,
with any appropriation of the justice
center for the protection of people with
special needs, and may be increased or
decreased by transfer or suballocation
between these appropriated amounts and
appropriations of the office of mental
health, office for people with develop-
mental disabilities, office of addiction
services and supports, department of
health, and the office of children and
family services with the approval of the
director of the budget who shall file such
approval with the department of audit and
control and copies thereof with the chair-
man of the senate finance committee and
the chairman of the assembly ways and
means committee. For surrogate decision-
making committee program contracts with
local service providers (48926) ................ 105,000
--------------
§ 10. The amount specified in this section, or so much thereof as
shall be sufficient to accomplish the purpose designated, is hereby
appropriated and authorized to be paid as hereinafter provided, to the
public officers and for the purpose specified, which amount shall be
available for the state fiscal year beginning April 1, 2023.
DEPARTMENT OF MENTAL HYGIENE
OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES
AID TO LOCALITIES
COMMUNITY SERVICES PROGRAM ................................. 173,054,000
--------------
General Fund
Local Assistance Account - 10000
For services and expenses of the community
services program, net of disallowances,
for community programs for people with
developmental disabilities pursuant to
article 41 of the mental hygiene law,
and/or chapter 620 of the laws of 1974,
chapter 660 of the laws of 1977, chapter
412 of the laws of 1981, chapter 27 of the
laws of 1987, chapter 729 of the laws of
1989, chapter 329 of the laws of 1993 and
other provisions of the mental hygiene
law. Notwithstanding any inconsistent
provision of law, the following appropri-
ation shall be net of prior and/or current
S. 6200 8
year refunds, rebates, reimbursements, and
credits.
Notwithstanding any other provision of law,
advances and reimbursement made pursuant
to subdivision (d) of section 41.15 and
section 41.18 of the mental hygiene law
shall be allocated pursuant to a plan and
in a manner prescribed by the agency head
and approved by the director of the budg-
et. The moneys hereby appropriated are
available to reimburse or advance locali-
ties and voluntary non-profit agencies for
expenditures made during local fiscal
periods commencing January 1, 2022, April
1, 2022 or July 1, 2022, and for advances
for the 3 month period beginning January
1, 2023.
Notwithstanding the provisions of article 41
of the mental hygiene law or any other
inconsistent provision of law, rule or
regulation, the commissioner, pursuant to
such contract and in the manner provided
therein, may pay all or a portion of the
expenses incurred by such voluntary agen-
cies arising out of loans which are funded
from the proceeds of bonds and notes
issued by the dormitory authority of the
state of New York.
Notwithstanding any other provision of law,
the money hereby appropriated may be
transferred to state operations and/or any
appropriation of the office for people
with developmental disabilities with the
approval of the director of the budget.
Notwithstanding any inconsistent provision
of law, moneys from this appropriation may
be used for state aid of up to 100 percent
of the net deficit costs of day training
programs and family support services.
Notwithstanding the provisions of section
16.23 of the mental hygiene law and any
other inconsistent provision of law, with
relation to the operation of certified
family care homes, including family care
homes sponsored by voluntary not-for-pro-
fit agencies, moneys from this appropri-
ation may be used for payments to purchase
general services including but not limited
to respite providers, up to a maximum of
14 days, at rates to be established by the
commissioner and approved by the director
of the budget in consideration of factors
including, but not limited to, geographic
area and number of clients cared for in
the home and for payment in an amount
determined by the commissioner for the
S. 6200 9
personal needs of each client residing in
the family care home.
Notwithstanding the provisions of subdivi-
sion 12 of section 8 of the state finance
law and any other inconsistent provision
of law, moneys from this appropriation may
be used for expenses of family care homes
including payments to operators of certi-
fied family care homes for damages caused
by clients to personal and real property
in accordance with standards established
by the commissioner and approved by the
director of the budget.
Notwithstanding any inconsistent provision
of law, moneys from this appropriation may
be used for appropriate day program
services and residential services includ-
ing, but not limited to, direct housing
subsidies to individuals, start-up
expenses for family care providers, envi-
ronmental modifications, adaptive technol-
ogies, appraisals, property options,
feasibility studies and preoperational
expenses.
Notwithstanding any inconsistent provision
of law except pursuant to a chapter of the
laws of 2022 authorizing a 5.4 percent
cost of living adjustment, for the period
commencing on April 1, 2022 and ending
March 31, 2023 the commissioner shall not
apply any other cost of living adjustment
for the purpose of establishing rates of
payments, contracts or any other form of
reimbursement.
Notwithstanding section 6908 of the educa-
tion law and any other provision of law,
rule or regulation to the contrary, direct
support staff in programs certified or
approved by the office for people with
developmental disabilities, including the
home and community based services waiver
programs that the office for people with
developmental disabilities is authorized
to administer with federal approval pursu-
ant to subdivision (c) of section 1915 of
the federal social security act, are
authorized to provide such tasks as OPWDD
may specify when performed under the
supervision, training and periodic
inspection of a registered professional
nurse and in accordance with an authorized
practitioner's ordered care.
Notwithstanding any other provision of law
to the contrary, and consistent with
section 33.07 of the mental hygiene law,
the directors of facilities licensed but
S. 6200 10
not operated by the office for people with
developmental disabilities who act as
federally-appointed representative payees
and who assume management responsibility
over the funds of a resident may continue
to use such funds for the cost of the
resident's care and treatment, consistent
with federal law and regulations.
Funds appropriated herein shall be available
in accordance with the following:
Notwithstanding any inconsistent provision
of law, the director of the budget is
authorized to make suballocations from
this appropriation to the department of
health medical assistance program.
Notwithstanding any inconsistent provision
of law, and pursuant to criteria estab-
lished by the commissioner of the office
for people with developmental disabilities
and approved by the director of the budg-
et, expenditures may be made from this
appropriation for residential facilities
which are pending recertification as
intermediate care facilities for people
with developmental disabilities.
Notwithstanding the provisions of section
41.36 of the mental hygiene law and any
other inconsistent provision of law,
moneys from this appropriation may be used
for payment up to $250 per year per
client, at such times and in such manner
as determined by the commissioner on the
basis of financial need for the personal
needs of each client residing in voluntary
operated community residences and volun-
tary-operated community residential alter-
natives, including individualized residen-
tial alternatives under the home and
community based services waiver. The
commissioner shall, subject to the
approval of the director of the budget,
alter existing advance payment schedules
for voluntary-operated community resi-
dences established pursuant to section
41.36 of the mental hygiene law. Notwith-
standing any inconsistent provision of law
moneys from this appropriation may be used
for the operation of clinics licensed
pursuant to article 16 of the mental
hygiene law including, but not limited to,
supportive and habilitative services
consistent with the home and community
based services waiver. Notwithstanding
sections 112 and 163 of the state finance
law and section 142 of the economic devel-
opment law, or any other inconsistent
S. 6200 11
provision of law, funds appropriated to
the department of health in accordance
with a schedule based upon approved Medi-
caid claims for eligible home and communi-
ty-based services, or other approved
services as defined in section nine thou-
sand eight hundred and seventeen of the
American rescue plan act of 2021, from
April 1, 2021 through March 31, 2023 and
made available by the department of health
via sub-allocation or transfer of up to
$740,000,000 may be allocated and distrib-
uted by the commissioner of the office for
people with developmental disabilities,
subject to approval of the director of the
budget, without a competitive bid or
request for proposal process for the
services and expenses of qualified appli-
cants. All awards will be granted utiliz-
ing criteria established by the commis-
sioner of the office for people with
developmental disabilities to strengthen
and enhance home and community-based
services consistent with the American
rescue plan act of 2021.
For the state share of medical assistance
services expenses incurred by the depart-
ment of health for the provision of
medical assistance services to people with
developmental disabilities (37835) ......... 152,106,000
For services and expenses of the community
services program, net of disallowances,
for community programs for people with
developmental disabilities pursuant to
article 41 of the mental hygiene law,
and/or chapter 620 of the laws of 1974,
chapter 660 of the laws of 1977, chapter
412 of the laws of 1981, chapter 27 of the
laws of 1987, chapter 729 of the laws of
1989, chapter 329 of the laws of 1993 and
other provisions of the mental hygiene
law. Notwithstanding any inconsistent
provision of law, the following appropri-
ation shall be net of prior and/or current
year refunds, rebates, reimbursements, and
credits.
Notwithstanding any other provision of law,
advances and reimbursement made pursuant
to subdivision (d) of section 41.15 and
section 41.18 of the mental hygiene law
shall be allocated pursuant to a plan and
in a manner prescribed by the agency head
and approved by the director of the budg-
et. The moneys hereby appropriated are
available to reimburse or advance locali-
ties and voluntary non-profit agencies for
S. 6200 12
expenditures made during local fiscal
periods commencing January 1, 2022, April
1, 2022 or July 1, 2022, and for advances
for the 3 month period beginning January
1, 2023.
Notwithstanding the provisions of article 41
of the mental hygiene law or any other
inconsistent provision of law, rule or
regulation, the commissioner, pursuant to
such contract and in the manner provided
therein, may pay all or a portion of the
expenses incurred by such voluntary agen-
cies arising out of loans which are funded
from the proceeds of bonds and notes
issued by the dormitory authority of the
state of New York.
Notwithstanding any other provision of law,
the money hereby appropriated may be
transferred to state operations and/or any
appropriation of the office for people
with developmental disabilities with the
approval of the director of the budget.
Notwithstanding any inconsistent provision
of law, moneys from this appropriation may
be used for state aid of up to 100 percent
of the net deficit costs of day training
programs and family support services.
Notwithstanding the provisions of section
16.23 of the mental hygiene law and any
other inconsistent provision of law, with
relation to the operation of certified
family care homes, including family care
homes sponsored by voluntary not-for-pro-
fit agencies, moneys from this appropri-
ation may be used for payments to purchase
general services including but not limited
to respite providers, up to a maximum of 5
days, at rates to be established by the
commissioner and approved by the director
of the budget in consideration of factors
including, but not limited to, geographic
area and number of clients cared for in
the home and for payment in an amount
determined by the commissioner for the
personal needs of each client residing in
the family care home.
Notwithstanding the provisions of subdivi-
sion 12 of section 8 of the state finance
law and any other inconsistent provision
of law, moneys from this appropriation may
be used for expenses of family care homes
including payments to operators of certi-
fied family care homes for damages caused
by clients to personal and real property
in accordance with standards established
S. 6200 13
by the commissioner and approved by the
director of the budget.
Notwithstanding any inconsistent provision
of law, moneys from this appropriation may
be used for appropriate day program
services and residential services includ-
ing, but not limited to, direct housing
subsidies to individuals, start-up
expenses for family care providers, envi-
ronmental modifications, adaptive technol-
ogies, appraisals, property options,
feasibility studies and preoperational
expenses.
Notwithstanding any inconsistent provision
of law except pursuant to a chapter of the
laws of 2021 authorizing a 5.4 percent
cost of living adjustment, for the period
commencing on April 1, 2022 and ending
March 31, 2023 the commissioner shall not
apply any other cost of living adjustment
for the purpose of establishing rates of
payments, contracts or any other form of
reimbursement.
Notwithstanding section 6908 of the educa-
tion law and any other provision of law,
rule or regulation to the contrary, direct
support staff in programs certified or
approved by the office for people with
developmental disabilities, including the
home and community based services waiver
programs that the office for people with
developmental disabilities is authorized
to administer with federal approval pursu-
ant to subdivision (c) of section 1915 of
the federal social security act, are
authorized to provide such tasks as the
office for people with developmental disa-
bilities may specify when performed under
the supervision, training and periodic
inspection of a registered professional
nurse and in accordance with an authorized
practitioner's ordered care.
Notwithstanding any other provision of law
to the contrary, and consistent with
section 33.07 of the mental hygiene law,
the directors of facilities licensed but
not operated by the office for people with
developmental disabilities who act as
federally-appointed representative payees
and who assume management responsibility
over the funds of a resident may continue
to use such funds for the cost of the
resident's care and treatment, consistent
with federal law and regulations.
S. 6200 14
For services and expenses related to provid-
ing health care and mental hygiene worker
bonuses.
Funds appropriated herein shall be available
in accordance with the following:
Notwithstanding any other provision of law
to the contrary, funds appropriated herein
are available to reimburse in- and out-of-
state private residential schools, pursu-
ant to subdivision (c) of section 13.37-a
and subdivision (g) of section 13.38 of
the mental hygiene law, for costs of
supporting the residential and day program
services available to individuals who are
over the age of 21 years of age, provided
that the amount paid for residential
services and/or maintenance costs is net
of any supplemental security income bene-
fit to which the individual receiving
services is eligible, and provided further
that funding for nonresidential services
will be in an amount not to exceed the
maximum reimbursement for appropriate day
services delivered by the office for
people with developmental disabilities
certified or approved providers other than
in- and out-of-state private residential
schools, unless otherwise authorized by
the director of the budget.
Notwithstanding section 163 of the state
finance law, section 142 of the economic
development law, and article 41 of the
mental hygiene law, the commissioner of
the office for people with developmental
disabilities may make the funds appropri-
ated herein available as state aid, a loan
or a grant, pursuant to terms and condi-
tions established by the commissioner of
the office for people with developmental
disabilities, to cover a portion of the
development costs of private, public
and/or non-profit organizations, including
corporations and partnerships established
pursuant to the private housing finance
law and/or any other statutory provisions,
for supportive housing units that have
been set aside for individuals with intel-
lectual and developmental disabilities.
Further, the office for people with devel-
opmental disabilities shall have a lien on
the real property developed with such
state aid, loans or grants, which shall be
in the amount of the loan or grant, for a
maximum term of 30 years, or other longer
term consistent with the requirements of
another regulatory agency.
S. 6200 15
For services and expenses related to the
provision of residential services to
people with developmental disabilities
(37802) ..................................... 11,880,000
For services and expenses related to the
provision of day program services to
people with developmental disabilities
(37803) ...................................... 2,674,000
For services and expenses related to the
provision of family support services to
people with developmental disabilities
(37804) ...................................... 3,732,000
For services and expenses related to the
provision of workshop, day training and
employment services to people with devel-
opmental disabilities. Notwithstanding any
other provision of law, up to $800,000 of
this appropriation may be transferred to
the New York State Education Departments'
Adult Career and Continuing Education
Services - Vocational Rehabilitation
(ACCES-VR) program to support the Long-
Term Sheltered Employment program operated
by FEDCAP Rehabilitation Services, Inc.
(37805) ...................................... 2,154,000
For other services and expenses provided to
people with developmental disabilities
including but not limited to hepatitis B,
care at home waiver, epilepsy services,
Special Olympics New York, Inc. and volun-
tary fingerprinting (37806) .................... 508,000
--------------
§ 11. No expenditure may be made from any appropriation in this act,
until a certificate of approval has been issued by the director of the
budget and a copy of such certificate shall have been filed with the
state comptroller, the chairman of the senate finance committee and the
chairman of the assembly ways and means committee provided, however,
that any expenditures from any appropriation in this act made by the
legislature or judiciary shall not require such certificate.
§ 12. All expenditures and disbursements made against the appropri-
ations in this act shall, upon final action by the legislature on appro-
priation bills submitted by the governor pursuant to article VII of the
state constitution for the support of government for the state fiscal
year beginning April 1, 2023, be transferred by the comptroller as
expenditures and disbursements to such appropriations for all state
departments and agencies, as applicable, in amounts equal to the amounts
charged against the appropriations in this act for each such department,
agency, and the legislature and the judiciary.
§ 13. Severability clause. If any clause, sentence, paragraph, subdi-
vision, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
S. 6200 16
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 14. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2023; provided,
however, that upon the transfer of expenditures and disbursements by the
comptroller as provided in section twelve of this act, the appropri-
ations made by this act and subject to such section shall be deemed
repealed.
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