Appellate Division Strikes Down Part of Governor Cuomo’s Executive Order #38 on Compensation and Administrative Expense

Esq. Stephen B. Hanse and Carl J. Pucci in Legal

On Thursday, June 22, 2017, the Appellate Division, Third Department of State Supreme Court in Albany handed down a decision in a case brought jointly by NYSHFA and LeadingAge. The Court held that the Governor and the Department of Health had exceeded their authority in issuing Executive Order #38 and implementing regulations that imposed a limit on executive compensation paid by health care providers with non-state funds (non-Medicaid funds). The ruling also ...