EO-38 Reporting Requirement On Hold
Earlier today, June 7th, the Department of Health (DOH) Division of Legal Affairs confirmed that providers regulated by DOH are not expected to file Executive Order 38 (EO-38) disclosures related to administrative expenses and executive compensation this year. This counts as good news given that the customary deadline for filing the extensive disclosures is approaching.
The change stems from Governor Hochul’s review of EOs from prior administrations performed in the fall of 2021. At that time, Governor Cuomo’s EO-38 was among the orders found to be no longer valid and was rescinded. Because the substance of EO-38 had been adopted in regulation by the agencies impacted by the order, it was not clear whether by rescinding Governor Cuomo’s EO-38, Governor Hochul eliminated the requirement or not. Several agencies, including the Office for People with Developmental Disabilities (OPWDD) and the State Office for the Aging (SOFA), began the process of rescinding the regulations. DOH had not done so, and the Department’s position remained unclear to LeadingAge NY until now. Please note that today’s news indicates that DOH providers are not expected to file the disclosure this year, but does not speak to the ultimate fate of the requirement. DOH continues to work on the issue, and we will keep members apprised of developments.
Contact: Darius Kirstein, dkirstein@leadingageny.org, 518-867-8841