Association Executive Directors Community

I'm writing to see how others have handled state concerns about contracting with associations. In Maryland, we have been disallowed from participation in state contracts - even as a subvendor - for two reasons: (1) prohibitions on expending state or federal dollars on lobbying and (2) conflict of interest. Obviously we can dispute the state's interpretation but I'm wondering if any associations take proactive steps to address such concerns in responding to a state RFP?

All of our policy staff register as state lobbyists, but we file annual activity reports demonstrating that lobbying is a small portion of our time and expenditures. Before we serve on state commissions about behavioral health reforms, we are required to file forms disclosing that we have a financial conflict of interest  if there is a vague possibility that someday any single one of our members may reap a financial benefit from our participation in the commission.

Have others had states push back on your participation with conflict or lobbying prohibitions? If so, I'd love to know how you handle it.

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S H
Executive Director
Community Behavioral Health Association of Maryland
Catonsville MD
410-788-1865 ext 2
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Hey Shannon, are you a 501(c)3? We are and we comply with the IRS requirements around lobbying. The state also has a lobbying report that we need to fill out. We contract with an independent lobbyist and all I do is advocate on various matters and leave the lobbying to him. When we had a candidate forum on behavioral health last general election, we invited all participants from every party and made sure everyone was represented. We never advocate one candidate over another (I don't even in my personal life since I am so closely aligned with the organization) and I've warned all of my members away from it too. Here are the IRS regs on nonprofit lobbying for tax exempt agencies. Mary https://www.irs.gov/charities-non-profits/lobbying

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Mary Windecker
Executive Director
Behavioral Health Alliance of Montana
Missoula MT
406-532-8996
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Original Message:
Sent: 12-21-2023 09:36
From: S H
Subject: associations in state contracting?

I'm writing to see how others have handled state concerns about contracting with associations. In Maryland, we have been disallowed from participation in state contracts - even as a subvendor - for two reasons: (1) prohibitions on expending state or federal dollars on lobbying and (2) conflict of interest. Obviously we can dispute the state's interpretation but I'm wondering if any associations take proactive steps to address such concerns in responding to a state RFP?

All of our policy staff register as state lobbyists, but we file annual activity reports demonstrating that lobbying is a small portion of our time and expenditures. Before we serve on state commissions about behavioral health reforms, we are required to file forms disclosing that we have a financial conflict of interest  if there is a vague possibility that someday any single one of our members may reap a financial benefit from our participation in the commission.

Have others had states push back on your participation with conflict or lobbying prohibitions? If so, I'd love to know how you handle it.

------------------------------
S H
Executive Director
Community Behavioral Health Association of Maryland
Catonsville MD
410-788-1865 ext 2
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I can't say that we took proactive steps per se, but TAADAS has had a state contract since around 1986.  We do lobby and employ a lobbyist but we pay for those services out of non-grant funds.  Given the services that we are contracted to provide (24/7 state hotline, clearinghouse, training, access to a recovery app, managing a scholarship for BH students, etc.) I think what we do supports our members and is not in conflict.  We have an informal understanding (not in our contract scopes) that the services we provide are to all Tennesseans and to all providers, regardless of whether they are TAADAS members.  

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Mary Linden Salter
Executive Director
Tennessee Association of Alcohol, Drug and Other Addiction Services
Nashville TN
615-780-5901
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Original Message:
Sent: 12-21-2023 09:36
From: S H
Subject: associations in state contracting?

I'm writing to see how others have handled state concerns about contracting with associations. In Maryland, we have been disallowed from participation in state contracts - even as a subvendor - for two reasons: (1) prohibitions on expending state or federal dollars on lobbying and (2) conflict of interest. Obviously we can dispute the state's interpretation but I'm wondering if any associations take proactive steps to address such concerns in responding to a state RFP?

All of our policy staff register as state lobbyists, but we file annual activity reports demonstrating that lobbying is a small portion of our time and expenditures. Before we serve on state commissions about behavioral health reforms, we are required to file forms disclosing that we have a financial conflict of interest  if there is a vague possibility that someday any single one of our members may reap a financial benefit from our participation in the commission.

Have others had states push back on your participation with conflict or lobbying prohibitions? If so, I'd love to know how you handle it.

------------------------------
S H
Executive Director
Community Behavioral Health Association of Maryland
Catonsville MD
410-788-1865 ext 2
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