Role Overview How laws impacting FQHCs are made Advocacy: Shaping - - PowerPoint PPT Presentation

The Legislative Process: Your Role

Overview

• How laws impacting FQHC’s are made
• Advocacy: Shaping what those laws do
• why?
• how?
• ethics!

How Laws Impacting FQHC’s Are Made

• State Law
• by the State Legislature
• by Rulemaking Bodies
• through the State Budgeting Process
• by the Courts

• Federal Law
• by Congress
• by Rulemaking Agencies
• through the Federal Budgeting Process
• by Federal Courts

How Laws Impacting FQHC’s Are Made

How Laws Impacting FQHC’s Are Made

• ADVOCACY - how laws are REALLY made.

State Level Legislation

• 105 Representatives (House)
• governed by the Speaker of the House
• 39 Senators (Senate)
• governed by the Senate President

State Level Legislation

• Even numbered years - 60 legislative day session; 85

calendar days; NON Fiscal Session

• Odd numbered years - 45 legislative day session; 60

legislative days; Fiscal Session

“Bills”

• Legislative instruments are often called bills, but there are
• ther types of instruments that also have “the force and

effect of law”

• Are drafted by “authors”
• Must get Committee approval
• at the state level: House and Senate Health and Welfare,
• r House and Senate Insurance
• Must pass the “floor” of both chambers

Rules/Regulations

• Rulemaking “authority” is constitutionally delegated to rule

making “bodies” or agencies by the legislature/congress through the state and federal constitutions.

• As rules are developed, the boards/commissions that

make them must comply with the public notice requirements laid out in the state or federal administrative procedures act.

Rules/Regulations

• Once rules become final they are codified, and become part of the

state or federal law - meaning they carry the same weight as “bills” passed by congress or the state legislature. (This body of law is known as “administrative law”)

• Why worry about rules and regulations?
• they fill the gaps between the general directives from the

legislature

• they control almost every aspect of your day to day operations
• they can become custom made for special interests if stakeholder

voices are left out of the process

Why Advocacy?

• Advocacy is really what “makes” the laws and regulations

impacting FQHC’s

• Part of furthering the mission of FQHC’s:
• expanding access to high quality care can’t happen

without advocacy

• growing FQHC community impact won’t happen if

FQHC’s don’t thrive

How Advocacy?

• Communicate with those who influence policy.
• Be a resource, not an annoyance.

Know Your Representatives

• Talk to them BEFORE you “need” something.
• Ask what you can do to support them as they support

you.

Educate Your Representatives

• Do they know what an FQHC is?
• Do they really understand how an FQHC is funded?
• Have they seen your facility?
• Do they know how many of their constituents utilize the

FQHC in their district for primary care?

Utilize Technology!

Communicating at Home and at the Capitol

• LPCA Lobby Day!
• Committee Hearings on important policies
• Involvement in the rule making process

Ethics

• Advocacy vs. Lobbying
• PUBLIC ENGAGEMENT IS NOT LOBBYING
• Advocacy is broader than lobbying, but may include

lobbying

• Lobbying seeks to influence the outcome of legislation or

elections

Ethics

• Lobbying vs. Advocacy
• there are limitations on the amount a non-profit can

spend on lobbying

• there are NO limitations on the amount a non-profit can

spend on advocacy

Ethics

Lobbying vs. Advocacy

• Did you expend money on an elected or appointed official in order to advocate for a

particular position?

• Consult ethics regulations to see if you qualify as a person who needs to register as a lobbyist at

the state or federal level

• Non-profits have special rules regarding how much of their budget can be spent on “lobbying”
• Grant recipients and special tax exempt orgs have even more regulations to worry about
• Did you intend to affect the outcome of an election?
• This is called “political activity” and triggers tax exempt organization rules regarding

expenditures and activities

• Doing GOTV is allowed, as long as you are not recommending or endorsing particular

candidates

• Did you intend to affect the outcome of a particular piece of legislation?
• If you are not paid to do this, or if it is within the scope of your job duties but doesn’t

constitute more than a certain percentage of your job duties, no need to register as a lobbyist.

• example: Testifying a couple of times on a bill that impacts your FQHC, sending written

comments on a rule, etc. does not require you to register as a state lobbyist.

• Did you intend to get government to take a particular action?
• this could be “executive branch lobbying;” see above
• Were you paid to do any of the above?
• depending upon how much of your time “lobbying” takes up, this could mean you need to

register as a lobbyist.

• if your salary includes payment for lobbying duties it will count towards the amount your org

can spend on “lobbying”

Focus Strategies LLC info@focusstrategiesla.com