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New Information and Training Available on Executive Compensation Regulations

The Governor's Office has posted updated guidance, forms and training materials on the Executive Order 38 website.  This Executive Order and associated regulations limit executive compensation and administrative expenses paid by covered providers that receive significant funding from the State.  Covered providers are required to submit E.O. 38 disclosure forms within 180 days of the completion of their first covered reporting period.  For nursing homes and home care agencies, the first covered reporting period is the 12-month period concurrent with the period covered by the facility's or agency's cost report, commencing on or after July 1, 2013.  Other providers may have different covered reporting periods. 

The website includes an updated guidance document to assist providers in determining whether they are covered by the requirements, identifying their covered reporting period, assessing their compliance with the limits, completing the required disclosure form, and submitting a request for a waiver.  It also includes reference guides and online tutorials for completing the covered provider determination and disclosure forms, as well as a schedule of training webinars between July 8 and July 17 with instructions for registration.  According to the website, participation in these webinars will be limited, and providers are urged to register early.

In addition, covered providers conducting business in Nassau County are notified that, due to a recent court decision, they need not file Executive Order 38 disclosures. “Conducting business,” for this purpose, "means having a place of business within Nassau County, providing program services or administrative services involving the use or receipt of State funds or State-authorized payments within Nassau County, or otherwise conducting business within Nassau County in relation to which executive compensation is paid."  The website notes that this court decision is being appealed and that Nassau County providers should periodically check the website for updates.

Contact:  Karen Lipson, klipson@leadingageny.org, 518-867-8383, ext. 124