Some Providers Given Additional Time to File E.O. 38 Disclosures 

Situation Report | June 29, 2020

The state’s Executive Order (EO) No. 38 webpage ( indicates that the deadline for providers to file disclosure statements under Executive Order 38 has been extended to Sept. 29, 2020.

“Due to the COVID-19 pandemic, the Governor’s Office has found justifiable cause to grant all required disclosure statement filers an additional three months within which to submit their disclosure otherwise due by June 29th of this year,” the notice states. “Disclosures must now be completed online on or before Tuesday, September 29, 2020.”

The deadline for Licensed Home Care Services Agencies (LHCSAs) to submit disclosure statements and any requested waivers is typically 180 days after the end of the calendar year (or the provider’s fiscal year), most often by the end of June.

Certified Home Health Agencies (CHHAs) would have been required to submit their EO No. 38 disclosures — and any waivers from the “Hard Cap” on executive compensation or the Administrative Expense Cap — by the date their Medicaid cost reports are due (October 31, 2020), and so this date should not be affected.