Executive Order #38 Disclosure Forms

Stephen B Hanse in Legal

NYSHFA has requested guidance from the Department of Health (“DOH”) related to last year’s decision by the Court of Appeals regarding Executive Order #38. As you may recall, in its decision, the Court struck down part of the regulations promulgated by DOH that would have prohibited facilities from compensating certain executives in excess of $199,000 annually, even when the facilities paid such compensation with other than State or State-authorized funds. Pursuant to the regulations that had been issued prior to the Court of Appeals decision, facilities were required to file annual disclosure statements on forms developed by the DOH and which are due shortly for calendar year 2018. NYSHFA is requesting specific guidance on how facilities should proceed given that the forms have not been updated to reflect the Court’s decision and much of the information requested in the form is no longer pertinent in light of the Court of Appeals decision. We will keep NYSHFA Members updated as this matter progresses.


Stephen B. Hanse, Esq.
President & CEO
518-462-4800 x11