"The EO 38 regulations ... were drafted to limit the amount that Covered Providers, as well as certain subcontractors and agents of Covered Providers, could pay to executives, and the amount of administrative expenses that these Covered Providers could incur.... Although the Second Department has ruled that EO 38 and the implementing regulations are valid, there remain many open issues. Most critical is what aspects of the regulations are currently enforceable."  MORE >>