LeadingAge NY Issues Important Update on Executive Compensation Filings

With the filing due dates approaching for providers affected by Executive Order #38 (EO#38) and its limits on executive compensation and administrative expenses, LeadingAge New York recently issued important guidance  on EO#38 requirements to its members. The guidance addresses the: (1) status of our litigation; (2) mechanics of filing; (3) applicable filing deadlines; (4) applicability to public providers; and (5) treatment of Medicaid capital reimbursement. The Department of Health reviewed the clarifications in the document for accuracy.

Most notably, the due date for submission of the EO#38 Disclosure and any waiver request for a nursing home, CHHA, LTHHCP or personal care provider is the due date of the  provider’s cost report, not the general filing deadline of June 29, 2015. Other provider types are subject to the general filing deadline. 

State Supreme Court, Albany County has not yet issued a decision in LeadingAge New York et al v. Shah, a case we brought with other groups challenging EO 38 and the associated regulatory requirements. In the meantime, the regulations remain in effect throughout the State, with the exception of Nassau County where an earlier Supreme Court decision stayed their implementation.

Members are encouraged to consult with the State’s official EO 38 information website for guidance on filing requirements and related subjects, and to obtain a NYS Grants Gateway Account, which is needed to make EO#38 filings. Please contact us if you have any questions on the guidance or other aspects of EO#38.

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