Dear NYSRA Member,
As you know, in January the Governor issued Executive Order No. 38, relating to executive compensation and administrative overhead at for-profit and not-for-profit entities that receive state dollars.
The Executive Order directed state agencies to promulgate regulations in this area. Those regulations were officially published May 30, 2012 in the State Register and are now formally proposed.
Since these regulations are not being promulgated as "emergency regulations," a public comment period is required for each of them. Some 13 state agencies have been instructed to propose regulations; we have examined the various versions among the state agencies and have found them to be virtually identical from agency to agency.
However, the process attending the adoption of each regulation does vary, at least with regard to OPWDD's rulemaking. OPWDD will conduct two public hearings on its regulation - the first on July 16 in Manhattan and the other on July 18 in Schenectady. Since the agency is conducting hearings, process calls for it to receive public comments through the fifth day after the final hearing. Therefore, comments to OPWDD are due by July 23. By contract, OMH is not conducting hearings. Its comment period therefore ends 45 days from publication of the rule, or July 14 in this case.
NYSRA has drafted a memorandum for its members that spells out our understanding of the way these regulations will be implemented. The memorandum looks at both the compensation and administrative overhead issues and how the rules will work. In examining the regulations, please keep in mind that the waiver process for those agencies not in compliance with the general rules will be an important part of these rules. It is highly likely the waiver process will come into play for some agencies. There also is an appeal process for those who believe they are wrongly denied a waiver. NYSRA made the waiver and appeal processes its highest priorities in discussions with policymakers working to draft and implement these regulations.
The memorandum also includes, on its final page, details on how to submit public comments, as well as the sites and times of the OPWDD hearings. We urge our members to consider commenting on these regulations to the licensing agencies and to feel free to share your comments with us. The fact these rules are going through the regular rulemaking process and are therefore subject to public comment provides an opportunity for input.
The memorandum can be viewed by clicking the link below.