New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 3 - Executive Orders (Hugh L. Carey) › Section 3.2 - Executive Order No. 2: Appointing a commissioner to investigate public agencies supervising nursing care facilities and the operation of such facilities

Current through Register Vol. 46, No. 28, July 10, 2024
When public funds are channeled through private hands to
					 finance health and residential services, government must insure that those
					 funds are used honestly and efficiently in the promotion of the public welfare.
					 The compassionate purpose of programs of residential and health care must not
					 be subverted by the improper diversion of public funds for private benefit, nor
					 through the inability of government to control the use of such funds under
					 present regulatory structures.
A serious public concern has been expressed as to the
					 quality of care provided by nursing homes and residential facilities sheltering
					 the aged, the disabled, the mentally ill and retarded, receiving public
					 financial assistance and subject to supervision by State agencies, but owned by
					 private interests.
State government is deeply involved in the supervision of
					 such facilities, but the public has lost confidence in the methods through
					 which government finances these facilities, and in the government's ability to
					 assure the efficient delivery of health and related services.
It is necessary, therefore, that there be an official
					 inquiry into the mechanisms of State and Federal funding, particularly
					 reimbursement under the Medicaid system. Current methods of funding must be
					 evaluated to determine if they contribute to exploitation of the poor, aged,
					 and infirm and to profiteering in public funds.
In addition, the State regulatory structure must be
					 evaluated to insure that nursing homes and homes which shelter the aged and
					 disabled provide the highest quality of care with the greatest degree of
					 economy.
This inquiry must also look into the ownership, financing
					 and control of nursing homes and residential facilities and must thoroughly
					 examine any allegations of improper conduct by publicly elected officials or
					 members of their staffs with respect to the operation of State agencies charged
					 with the responsibility of regulating these institutions.
Now, therefore, I, Hugh L. Carey, pursuant to Section Six 
					 of the Executive Law, have appointed and by these present do appoint Morris B.
					 Abram as Commissioner to study, examine, investigate, review and make
					 recommendations with respect to the management and affairs of any department,
					 board, bureau, or commission of the State exercising any direction,
					 supervision, visitation, inspection, funding or control of any nongovernmental
					 nursing home, residential facility or home which provides health, residential
					 or allied services, and which receives any Federal, State or local financial
					 assistance or payment, directly or indirectly, or which provides care or
					 services to any individual who receives such assistance or payment.
The Commissioner is hereby empowered to subpoena and
					 enforce the attendance of witnesses, to administer oaths and examine witnesses
					 under oath and to require the production of any books, records or papers deemed
					 relevant or material and I hereby give and grant to the Commissioner the powers
					 and authorities which may be given or granted to persons appointed by me for
					 such purpose under authority of Section Six  of the Executive Law.
Every State department, division, board, bureau,
					 commission, council and agency shall provide to the Commissioner every
					 assistance, facility and cooperation which may be proper or desirable for the
					 accomplishment of the purposes for which the Commissioner is hereby
					 appointed.
Signed: Hugh L. Carey
Dated: January 10, 1975
Executive Order No. 2.1
Pursuant to Section Six  of the Executive Law, I hereby
					 appoint Peter A.A. Berle, Isadore Rossman, Dorothy B. Wadsworth, and Aminda
					 Wilkins, as Commissioners, to join with Morris B. Abram, previously appointed
					 as Commissioner by Executive Order No. 2, dated January 10, 1975, generally to
					 study, examine, investigate, review and make recommendations with respect to
					 the management and affairs of any department, board, bureau or commission of
					 the State exercising any direction, supervision, visitation, inspection,
					 funding or control of any nongovernmental nursing home, residential facility or
					 home which provides health, residential or allied services, and which receives
					 any Federal, State or local financial assistance or payment, directly or
					 indirectly, or which provides care or services to any individual who receives
					 such assistance or payment.
Morris B. Abram is hereby designated Chairman, and the
					 Commissioners are hereby empowered to subpoena and enforce the attendance of
					 witnesses, to administer oaths and examine witnesses under oath and to require
					 the production of any books, records or papers deemed relevant or material and
					 I hereby give and grant to the Commissioners all and singular powers and
					 authorities which may be given or granted to persons appointed by me for such
					 purpose under authority of section six  of the Executive Law.
Every State department, division, board, bureau,
					 commission, council and agency shall provide to the Commissioners every
					 assistance, facility and cooperation which may be proper or desirable for the
					 accomplishment of the purposes for which the Commissioners have been
					 appointed.