Executive Order #38 Disclosures Due July 29th

As previously communicated to members, the New York State Court of Appeals invalidated the “soft cap” of $199,000 on executive compensation imposed by Executive Order #38 (EO #38) in August 2018.

However, the Department of Health (DOH) and other affected agencies have not amended their regulations or issued revised guidance on complying with the regulations as modified by the Court of Appeals. Nursing homes and certified home health agencies (CHHAs) must submit their EO #38 disclosures by July 29, 2019, the same day their respective Medicaid cost reports are due.

LeadingAge NY’s general counsel, Hinman Straub, has developed guidance for member organizations on compliance with EO #38 filing requirements. The guidance provides background on the court decision, filing of EO #38 disclosures, filing due dates, key calculations, waiver requirements, and penalties for noncompliance.

Contact: Dan Heim, dheim@leadingageny.org, 518-867-8866