After a huge outcry from the social work community and large numbers of citizens, unions and others and the threat of new legislation to back the social work position, the Commissioner of Health, Dr. Barbara DeBuono, sought to find a compromise position. NASW and the other members of the Coalition to Save New York Social Work agreed to new wording which strengthened social work standards in hospitals in place of the requirement for a department. The Codes Committee of the New York State Hospital Review and Planning Council unanimously recommended its adoption. Less than a day before the Hospital Review and Planning Council was to vote on the recommended regulation, Robert King, Director of GORR, insisted the new regulation be removed from further consideration. They recognized the dangers inherent in the Governor's executive order which authorizes the executive branch of the State to supersede both the legislature and the actions of commissioners whose appointment is confirmed by the Senate.
State regulations are now vulnerable to changes requested by business interests.
The Governor has made clear his view that New York State is over regulated. The complaint was filed in Albany last July and the Governor has already submitted argument for summary dismissal. The lead attorney for the plaintiffs, Linda Daly of Schulte, Roth and Zabel, expects further arguments in December and a decision approximately three months later. The attorneys are giving their time and expertise on a pro bono basis. This case is seen as very important in maintaining good government.