The Legislative Process: Your Role

Transcription

1 The Legislative Process: Your Role

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

3 How Laws Impacting FQHC s Are Made State Law by the State Legislature by Rulemaking Bodies through the State Budgeting Process by the Courts

4 How Laws Impacting FQHC s Are Made Federal Law by Congress by Rulemaking Agencies through the Federal Budgeting Process by Federal Courts

5 How Laws Impacting FQHC s Are Made ADVOCACY - how laws are REALLY made.

6 State Level Legislation 105 Representatives (House) governed by the Speaker of the House 39 Senators (Senate) governed by the Senate President

7 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

8 Bills Legislative instruments are often called bills, but there are other 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, or House and Senate Insurance Must pass the floor of both chambers

9 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.

10 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

11 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

12 How Advocacy? Communicate with those who influence policy. Be a resource, not an annoyance.

13 Know Your Representatives Talk to them BEFORE you need something. Ask what you can do to support them as they support you.

14 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?

15 Utilize Technology!

16 Communicating at Home and at the Capitol LPCA Lobby Day! Committee Hearings on important policies Involvement in the rule making process

17 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

18 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

19 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

20 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

21 Focus Strategies LLC