Argued April 30, 1991 Decided June 27, 1991 Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Paul Cheeseman, J. Peter G. Bergmann, Kathy Hirata Chin and William J. Natbony for appellant. Robert Abrams, Attorney-General (Clifford A. Royael, O. Peter Sherwood and Peter H. Schiff of counsel), for respondents. Cornelius D. Murray and David M. Cherubin for New York State Health Facilities Association, Inc., amicus curiae. Susan C. Waltman for the Greater New York

(a) Dissent. An appeal may be taken to the court of appeals as of right in an action originating in the supreme court, a county court, a surrogate's court, the family court, the court of claims or an administrative agency, from an order of the appellate division which finally determines the action, where there is a dissent by at least two justices on a question of law in favor of the party taking such appeal. (b) Constitutional grounds. An appeal may be taken to the court of appeals as of right:

Medical assistance for needy persons is hereby declared to be a matter of public concern and a necessity in promoting the public health and welfare and for promoting the state's goal of making available to everyone, regardless of race, age, national origin or economic standing, uniform, high-quality medical care. In furtherance of such goal, a comprehensive program of medical assistance for needy persons is hereby established to operate in a manner which will assure a uniform high standard of medical

1. The commissioner shall: (a) take cognizance of the interests of health and life of the people of the state, and of all matters pertaining thereto and exercise the functions, powers and duties of the department prescribed by law; (b) exercise general supervision over the work of all local boards of health and health officers, unless otherwise provided by law; (c) exercise general supervision and control of the medical treatment of patients in the state institutions, public health centers and clinics

1. The department shall, as provided by law: (a) supervise the work and activities of the local boards of health and health officers throughout the state, unless otherwise provided by law; (b) supervise and control the registration of births, deaths and marriages; (c) supervise the reporting and control of disease; (d) engage in research into morbidity and mortality; (e) produce, standardize and distribute diagnostic, prophylactic and therapeutic products; (f) conduct laboratory examinations for

To assure that the medical care and services rendered pursuant to this title are of the highest quality and are available to all who are in need, the responsibility for establishing and maintaining standards for medical care and eligibility shall be as follows: 1. The department of social services shall be responsible for (a) determining eligibility for care and services pursuant to this title and consistent with standards established by the commissioner of the department of health and, as authorized

The inspector shall have the following functions, duties and responsibilities: 1. to appoint such deputies, directors, assistants and other officers and employees as may be needed for the performance of his or her duties and may prescribe their duties and fix their compensation within the amounts appropriated therefor; 2. to conduct and supervise activities to prevent, detect and investigate medical assistance program fraud and abuse amongst the following: the department; the offices of mental health

1. Definitions. For the purposes of this section, the following terms shall have the following meanings unless otherwise specified: a. "Consortium" means like entities which agree to collectively purchase commodities at a lower price than would be otherwise achievable through purchase by such entities pursuant to other provisions of this article. b. "Emergency" means an urgent and unexpected requirement where health and public safety or the conservation of public resources is at risk. c. "Responsible"

A corporation whose lawful activities involve among other things the charging of fees or prices for its services or products shall have the right to receive such income and, in so doing, may make an incidental profit. All such incidental profits shall be applied to the maintenance, expansion or operation of the lawful activities of the corporation, and in no case shall be divided or distributed in any manner whatsoever among the members, directors, or officers of the corporation. N.Y. Not-For-Profit

1. The commissioner of the department periodically shall convene, but not less than quarterly and no more than monthly, meetings of the directors and commissioners of all state agencies and departments receiving general fund appropriations for the purpose of state matching funds for medicaid services and appropriate representation of local departments of social services. The purpose of these meetings is to identify, without limitation: (a) methods to contain the growth of medicaid spending; (b) methods

(a) Limits on executive compensation. Except if a covered provider has obtained a waiver pursuant to section 1002.4 of this Part, a covered provider as defined in this regulation shall not use State funds or State-authorized payments for executive compensation given directly or indirectly to a covered executive in an amount greater than $199,000 per annum, provided, however, that the department shall review this figure annually to determine whether adjustment is necessary based on appropriate factors

For purposes of this Part: (a) Administrative expenses are those expenses authorized and allowable pursuant to applicable agency regulations, contracts or other rules that govern reimbursement with State funds or State-authorized payments that are incurred in connection with the covered provider's overall management and necessary overhead that cannot be attributed directly to the provision of program services. (1) Such expenses include but are not limited to the following expenses, if otherwise authorized

WHEREAS, State Government in New York directly or indirectly funds, or authorizes reimbursements with other taxpayer dollars to, a large number of tax exempt organizations and for-profit entities that provide critical services to New Yorkers in need; and WHEREAS, State Government in New York has an ongoing obligation to ensure that taxpayers' dollars are used properly, efficiently and effectively to improve the lives of New Yorkers and our communities; and WHEREAS, in certain instances providers

(a) Waivers of limit on executive compensation. The department or its designee and the Director of the Division of the Budget may grant a waiver to the limits on executive compensation in section 1002.3 of this Part for executive compensation for one or more covered executives, or for one or more positions, during the reporting period and, where appropriate, for a longer period upon a showing of good cause. To be considered, an application for such a waiver must comply with this subdivision in its

(a) Limits on allowable administrative expenses. No less than 75 percent of the covered operating expenses of a covered provider paid for with State funds or State-authorized payments shall be program services expenses rather than administrative expenses. This percentage shall increase by five percent each year until it shall be no less than 85 percent in 2015 and for each year thereafter. In determining whether an expense is a program service expense or an administrative expense, a covered provider

(a) Notice of preliminary determination of non-compliance. Whenever it is determined that a covered provider may not be in compliance with the requirements of section 1002.2 or 1002.3 of this Part and has not obtained a waiver, the provider shall be notified in writing of the basis for that determination. Such notice shall provide the covered provider with an opportunity and a procedure to submit additional or clarifying information within 30 calendar days of the provider's receipt of such notice

(a) Reporting by covered providers. Beginning after the effective date of this regulation, covered providers shall submit a completed EO No. 38 disclosure form for each covered reporting period. Such form shall be submitted no later than 180 calendar days following the covered reporting period, unless otherwise authorized. Such form shall be submitted in the manner and form specified by the department or its designee. Covered providers shall further provide the information requested in that form

WHEREAS, on January 18, 2012, I issued Executive Order Number 38 to address limits on the use of State funds or State-authorized payments for administrative costs and executive compensation by providers of services to New Yorkers; and WHEREAS, the many affected Executive State agencies have diligently worked to develop proposed regulations to implement Executive Order Number 38 that require an additional brief period to be finalized; NOW, THEREFORE, I, Andrew M. Cuomo, Governor of the State of New