October 13, 2021

Attached, please find an Emergency Rule Making issued today by NYSDOH related to telehealth services.  In particular, it continues Medicaid coverage of telehealth including telephone and audio-only technologies.  The rule expires December 21, 2021 and may be adopted, extended or discontinued by such date.

Also attached, please find a Notice of Adoption issued today by NYSDOH related to Limits on Executive Compensation.  In particular, the regulation removes the ‘‘Soft Cap’’ prohibition on covered executive salaries to comply with the Court of Appeal’s decision in LeadingAge, et al. v. Shah, et al., 32 N.Y.3d 249 (2018), which invalidated section 1002.3(b) of the existing regulation.  The rule is adopted effective today, October 13, 2021.
Please let us know if you have any questions.