Office for the Aging


Comment Period for Executive Order 38 Proposed Regulations Now Open:
Limits State-funded administrative costs & executive compensation

The State of New York directly or indirectly funds with taxpayer dollars a large number of tax exempt organizations and for-profit entities that provide critical services to New Yorkers in need. The goal of these proposed regulations is to ensure that taxpayers' dollars are used properly, efficiently, and effectively to improve the lives of New Yorkers. It is imperative that New York State and the New York State Office for the Aging (NYSOFA) ensure that state funds and state authorized funds are optimized for the purpose of providing services to those individuals who are in need of them. Utilizing state funds and state authorized funds primarily for the provision of direct care and services helps to guarantee that such funds are providing the greatest benefit to older New Yorkers. These proposed regulations, which are required by Executive Order No. 38, will ensure that State funds or State-authorized payments paid by the NYSOFA to providers are used predominantly to provide direct care and services to older New Yorkers. In order to achieve these goals, the NYSOFA is proposing a new Part 6656 of its regulations (9 NYCRR 6656).

NYSOFA filed the original notice of proposed rule making for this proposed regulation on May 30, 2012. As a result of comments from the public, NYSOFA has issued a revised rule making. You may view the revised rule text and assessment of public comment by clicking the hyperlinked text. If you would like to view the view the rule making documents (Regulatory Impact Statement, Job Impact Statement, etc.) you may do so by visiting the on-line version of the New York State Register(External Link).

Public comment will be received by NYSOFA until close of business on November 30, 2012. Please send your comments to Stephen Syzdek, New York State Office for the Aging, Two Empire State Plaza, Albany, NY 12223 or Email

Executive Order 38 Update

Due to the disruptions experienced by many service providers caused by Hurricane Sandy, the New York State Office for the Aging is extending the public comment period for the revised rule making concerning limits on Administrative Expenses and Executive Compensation to the close of business on Friday, December 14, 2012.