S T A T E O F N E W Y O R K
________________________________________________________________________
4716
2025-2026 Regular Sessions
I N S E N A T E
February 12, 2025
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Introduced by Sen. FAHY -- read twice and ordered printed, and when
printed to be committed to the Committee on Disabilities
AN ACT to amend the mental hygiene law, in relation to prohibiting the
withholding of state funding for service providers for people with
developmental disabilities due to the receipt of COVID-19 federal
funds
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The mental hygiene law is amended by adding a new section
16.38 to read as follows:
§ 16.38 FUNDING FOR SERVICES OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL
DISABILITIES NOT AFFECTED BY THE RECEIPT OF CERTAIN COVID-19
FEDERAL FUNDS.
A HOLDER OF AN OPERATING CERTIFICATE ISSUED PURSUANT TO THIS ARTICLE
OR ORGANIZATION WHOSE INCORPORATION OR ACTIVITIES REQUIRE THE APPROVAL
OF THE COMMISSIONER, OR PROGRAM FUNDED OR ADMINISTERED BY THE OFFICE
SHALL NOT HAVE ANY STATE FUNDING WITHHELD AS A RESULT OF THE RECEIPT OF
FEDERAL FUNDS THAT WERE PROVIDED TO SUCH OPERATING CERTIFICATE HOLDER,
ORGANIZATION OR PROGRAM:
(A) AS PART OF ANY FEDERAL PAYCHECK PROTECTION PROGRAM LOAN FORGIVE-
NESS FUNDING;
(B) AS A RESULT OF FEDERAL EMERGENCY MANAGEMENT AGENCY EMERGENCY
PROTECTIVE MEASURES, INCLUDING BUT NOT LIMITED TO PERSONAL PROTECTIVE
EQUIPMENT AND CLEANING SERVICES;
(C) AS PART OF THE CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY
(CARES) ACT OF 2020;
(D) AS PART OF THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT, AMERICAN
RESCUE PLAN ACT OF 2021; OR
(E) AS OTHER EXTRAORDINARY FEDERAL FUNDING PROVIDED IN RESPONSE TO THE
COVID-19 PANDEMIC.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after March 13, 2020.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.