Executive Order 38

Update (6/12/2015): Per 10 NYCRR 1002.1(k), providers who file an annual cost report with the state will file their Executive Order 38 Disclosure on the same date (August 14, 2015) as the cost report. This applies to all Nursing Home providers who file an RHCF Cost Report for the Medicaid Program.

Click here to view our Executive Order 38 Client Memo.

Click here for Step by Step instructions to navigate the EO 38 reporting system.

Click here for Step by Step instructions to file an EO 38 Waiver.

Executive Order #38 (EO-38):  Governor Cuomo enacted Executive Order 38, which intends to limit Administrative Expenses and Executive Compensation for entities and individuals receiving state funds or state authorized payments (including Medicaid reimbursement). Executive Order 38 was enacted by the Department of Health under Title 10, Part 1002.

How do I file: Only providers can obtain a Grants Gateway portal user name and password.

You must 1st set up a Grants Gateway portal account at:

Grants Gateway Help Desk Availability
Hours: Monday thru Friday 8am to 8pm
Phone: 1-800-820-1890
Email: helpdesk@agatesoftware.com

The site does not allow HMM (or other consultants) to obtain user names and passwords. Providers, for now, must do this on their own. HMM is seeking guidance on being able to better assist our clients with setting up their portals and will advise if/when we obtain this guidance. For now, the help desk below is available to assist you.

HMM can assist with completion of the required forms. However, HMM will not have access to Grants Gateway and therefore cannot assist with the upload, submission and attestation process.

DISCLOSURES

There are 4 basic calculations that should be completed and saved for use when uploading to Grants Gateway. HMM can assist with completion of the required forms.

  • COVERED PROVIDER DETERMINATION WORKSHEET
  • STATE FUNDS/STATE-AUTHORIZED PAYMENTS CALCULATION WORKSHEET (BASICALLY % OF MEDICAID $ TO TOTAL $ FOR OUR CLIENTS)
  • ADMINISTRATIVE EXPENSES AND PROGRAM SERVICES EXPENSES CALCULATION WORKSHEET (THE 25% LIMIT)
  • EXECUTIVE COMPENSATION CALCULATION WORKSHEET (THE $199K LIMIT)

Applying for a Waiver: There are certain thresholds for Executive Compensation ($199,000) and Administrative Expenses (25%) established by EO-38. If you determine (through completion of the various worksheets provided) that your entity exceeds one or more of these thresholds, and wishes to complete a waiver request, you can do so in the online portal.

There is a 60-day period in which your waiver request must be responded to. Additional time may be warranted should additional information be required.

TRAINING

  1. The landing page for EO-38 training is http://www.executiveorder38.ny.gov/training and contains all of the information listed below as well as other, less detailed versions.
  2.  Below is a link to the online training in case you need to better understand the process of DETERMINING COVERED PROVIDER STATUS. http://www.executiveorder38.ny.gov/sites/default/files/flash/Executive_Order_38_Determination.htm
  3. Attached is a step by step guide on UPDATING PROVIDER DETAILS within the Grants Gateway portal.
  4.  Below is a link to the online training in case you need to better understand the process of CREATING/UPLOADING/SUBMITTING/ATTESTING TO DISCLOSURES. http://www.executiveorder38.ny.gov/sites/default/files/flash/Executive_Order_38_Disclosure.htm
  5.  Attached is a step by step guide on REQUESTING A WAIVER, (if applicable) within the Grants Gateway portal. As far as we can see, the waiver request should be requested prior to the June 29th deadline.

Where do I obtain additional information:

If you need assistance or have any questions, please contact our office at 631-265-6289