July 15th Executive Compensation Reporting Deadline

Esq. Stephen B. Hanse in NYSHFA News, Legislative

The deadline for covered providers to submit the required Disclosure Report pursuant to Executive Order #38 and its attendant regulations is Friday, July 15, 2016.

The July 15, 2016 date arises out of the filing deadline for providers to file their annual Cost Report as set forth in Department of Health regulations at 10 NYCRR 1002.1(k), which states the following:

(k) Reporting period shall mean, at the provider's option, the calendar year or, where applicable, the fiscal year used by a provider. However, where a provider is required to file an annual Cost Report with the State, reporting period shall mean the reporting period applicable to said Cost Report, and the date required for timely submission of said Cost Report shall control and be the date required for the submission of the EO No. 38 Disclosure Form in the event such form is required to be filed pursuant to section 1002.5 of this Part.






Pursuant to the terms of Executive Order #38 and its attendant regulations, absent a waiver, executive compensation is capped at $199,000 and administrative expenses are limited for “covered providers” that receive an annual average of at least $500,000 in State funds during a two year period and for whom at least 30 percent of total annual in-state revenues during that same period constituted State Medicaid funds. Requests for waivers must be filed no later than the due date for the filing of the Disclosure Report.

Generally speaking, there are two steps in completing the disclosure process.

Step 1. Download and complete the three supporting worksheets associated with the Disclosure Report. These worksheets include the following:

  • State Funds/State Authorized Payments Calculation Worksheet;
  • Administrative Expense & Program Services Expense Worksheet; and
  • Executive Compensation Calculation Worksheet.

Each of these worksheets may be accessed at http://executiveorder38.ny.gov/content/guidance.

Step 2. Complete the Executive Order #38 Disclosure Report using the New York State Grants Gateway. Covered providers that do not have an account in the Grants Gateway may register for an account at www.grantsgateway.ny.gov.

At the present time NYSHFA/NYSCAL and LeadingAge are perfecting our Appeal to the Appellate Division, Third Department from a decision rendered in Supreme Court, Albany County challinging Executive Order #38 and its attendant regulations. We will alert members as that action progresses.

Stephen B. Hanse, Esq.
Vice President & Counsel, Governmental Affairs
518-462-4800 x25