NY State Senate Bill 2025-S4716

Senate Bill S4716

2025-2026 Legislative Session

Prohibits the withholding of state funding for service providers for people with developmental disabilities due to the receipt of certain COVID-19 federal funds

download bill text pdf

Current Bill Status - In Senate Committee Disabilities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 12, 2025	referred to disabilities

2025-S4716 (ACTIVE) - Details

Current Committee:: Senate Disabilities
Law Section:: Mental Hygiene Law
Laws Affected:: Add §16.38, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S8208
2023-2024: S2360

2025-S4716 (ACTIVE) - Summary

Prohibits the withholding of state funding for service providers for people with developmental disabilities due to the receipt of certain COVID-19 federal funds.

2025-S4716 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4716

SPONSOR: FAHY
 
TITLE OF BILL:  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

 
PURPOSE:

The purpose of this bill is to prohibit the state from withholding fund-
ing to provider agencies who received certain federal funds.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of this bill would amend the Mental Hygiene Law by adding a
new section 16.38 to state that any provider agency that is authorized,
funded or approved by the Office for People with Developmental Disabili-
ties should not have any state funding withheld as a result of the
receipt of federal COVID-19 relief funds.

Section 2 of this bill would provide that the effective date shall take

effect immediately and shall be deemed to have been in full force and
effect on and after March 13, 2020.

 
JUSTIFICATION:

The COVID-19 pandemic created a significant strain on the
intellectual/developmental disability service delivery system. Due to
the pandemic, the not-for-profit provider agencies were forced to incur
significant costs associated with keeping staff and individuals receiv-
ing services safe, while trying to maintain the services and programs
that they were providing. Due to the nature of the pandemic and the
increased risk of individuals with I/DD many providers had to scale down
or close programs, which significantly impacted provider agency reven-
ues. This bill would provide provider agencies with relief by prohibit-
ing the state from withholding funding to provider agencies who received
certain federal funds.

 
LEGISLATIVE HISTORY:

2021-22: S.8208/A.2359

2023-24: S.2360/A.10040

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall be deemed to have been
in full force and effect on and after March 13, 2020.

2025-S4716 (ACTIVE) - Bill Text download pdf

                             
                     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
                                ___________
 
 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.

                                                            LBD09520-01-5

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