Are You A Lobbyist? Some Say You Are!
Hospital administrators, medical staff leadership, and anyone else in a paid position might become a lobbyist without meaning to. This is courtesy of House Bill 1843, which – effective immediately – changes the law of state government ethics, legislative ethics, and lobbying. (See, N.C.G.S. Chap. 120, Art. 7; Chap. 120C & Chap. 138A.)
Now, some contacts with state executives are lobbying, just as some contacts with legislators are.
In addition, even modest gifts to some state officials – a ball point pen, a soft drink – may fall under these laws.
On the other hand, some of what has been said about the new law is overblown. In this article, we will explain some of the problems and safeguards.
The law covers legislators, legislative employees such as research staff and administrative assistants, some top and mid-level executives (known as “public servants”), and their assistants. It also covers their immediate families. Most government employees are not covered.
People know it when they are talking to legislators. Finding out which executives are “public servants” is harder. Happily, the N.C. State Ethics Commission website lists the names of public servants, as well as the boards that are covered).
That is, what is lobbying? Again, people understand when they are talking to a legislator, trying to influence legislation. But what does it mean to lobby the executive? Happily, most contact with executives is not lobbying. You can talk to any public servant about concrete cases, rights, and benefits; that’s not lobbying. Finding out what the rules are, whether they apply to your organization, and how to meet them is not lobbying.
Executive lobbying, though, is trying to get a public servant to make or change a regulation or policy.
Even cultivating good will in order to make or change laws, regs or policies can be lobbying.
Someone who is paid to lobby is a lobbyist and must register.
Maybe. It all depends on how much time you put into lobbying, and if you get paid to do it. If you are paid to do your job, and as part of your job you spend more than 5% of your time in any 30 days lobbying legislators and executives, then you are a lobbyist. For example, if a hospital Vice President were to spend too much time in a 30 day period talking to the Director of DFS about changing a policy affecting the hospital, he is considered a lobbyist.
Consider there are 22 work days in a 30 day period, and the work days are eight hours, then 5% is a bit over eight hours. And remember, it’s a rolling 30 days, so five hours lobbying on April 30, plus five hours lobbying on May 1, makes one a lobbyist, even though these are different months.
Also, lobbying is not limited to a particular official or issue. Four hours lobbying legislators about the CON laws plus four hours lobbying the Director of DMA about Medicaid rules make eight lobbying hours - and you are a lobbyist!
Lobbied too long? Register the next day electronically, and follow up as the law requires.
Two rules here: (1) No public servant, legislator, or legislative employee shall accept a gift from a lobbyist or lobbyist principal, and (2) no public servant shall accept a gift from any person who is doing business with the public servant’s agency, is engaged in activities that are regulated by the public servant’s agency, or has personal financial interests that may be affected by the public servant’s actions. Of course, there are too many exceptions to mention in this article.
A gift is considered anything of value that’s given without getting fair value in return. The key word here is “anything.” A cup of coffee meets the definition just as surely as a round of golf. The issue of gifts can come up unexpectedly; for example, if you invite a legislator to a hospital open house and serve food.
Lobbyists cannot make campaign contributions, period. Conclusion. Three points to carry away: (1) You might be a lobbyist when you talk to the executive branch. (2) Don’t give gifts to legislators and public servants. (3) If you want to do something that might come under the law, check carefully for the right way to do it.
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