September 30, 2008

ACTION NEEDED FROM: MHA members
ACTION NEEDED:

 

Carefully read this Election 2008 Alert to ensure your hospital/health care system is complying with all the state and federal election laws.

Health care is once again a major issue in the political debates as we near the November general election. On Nov. 4, Michigan voters will help elect the president, a U.S. senator, all 15 of the state's U.S. representatives, all 110 members of the state House, a state Supreme Court justice, and cast votes on two statewide ballot proposals, and much more.

Voters want their elected officials to be active, informed partners in the evolution of a health care delivery system that is fair, equitably financed, accessible and sensitive to local patients and community needs. The MHA and the state's 146 community hospitals have a proven track record of working with government officials to develop appropriate solutions to pressing health care issues.

To ensure Michigan hospitals continue this positive working relationship with elected officials and adhere to state and federal election laws, MHA members are strongly encouraged to read the election guidelines contained in this alert. This information provides general guidance; therefore, MHA members are encouraged to contact their organization's legal counsel with questions on specific political activity.

General Election Information

  • Register to vote
    The last day to register to vote for the November general election is Monday, Oct. 6. To register to vote or to change your name or address on your voter registration, visit the Michigan Department of State, Bureau of Elections Web site to print, complete and return the application to your county, city or township clerk.

  • Voter Identification Requirements
    On Election Day, every Michigan voter will be required to show picture identification or sign an affidavit attesting that he or she is not in possession of picture identification. MHA members are encouraged to visit the Michigan Department of State, Bureau of Elections Web site to learn more about the state's picture identification requirements.
List of Candidates

City and Township Clerks' Access to Patients for Purposes of Voter Registration

In the weeks ahead, county, city and township clerks may contact MHA members regarding the hospital/health system's process to allow patients to vote who are medically unable to go to a polling site.

While no law exists requiring a hospital or other health care facility to have a policy governing access to its patients for voting purposes, hospitals should consider implementing a policy to make certain that a patient's right to vote is not restricted, while still ensuring that patients receive necessary medical treatment and that privacy standards are not compromised.

Tax-Exempt and/or Public Hospitals

A hospital/health system that qualifies for tax exemption under Section 501(c)(3) of the Internal Revenue Code is strictly prohibited from participating in any election-related activities that support or oppose a candidate for public office. This includes, but is not limited to, endorsing candidates, encouraging hospital employees to support or oppose a particular candidate, and using a hospital's financial resources, facilities and personnel for political activity.

In addition, a hospital/health system that is incorporated and governed as a public body is also strictly prohibited from using any resources, facilities or personnel for political activity.

Hospital Participation in Ballot Initiatives

A hospital/health system that qualifies for tax exemption under Section 501(c)(3) of the Internal Revenue Code may support or oppose a ballot question with relatively few restrictions, including contributions and expenditures. With that said, federal law, specifically the Internal Revenue Code, prohibits nonprofit corporations from contributing a "substantial part" of their operations toward influencing the outcome of the election without placing their tax exemption at risk. Please refer to the legal opinion above for the definition of "substantial."

Additionally, 501(c)(3) hospitals/health systems may use their resources, facilities and personnel to support or oppose a ballot question. However, a hospital/health system that is incorporated and governed as a public body is strictly prohibited from using any resources, facilities and personnel to support or oppose a ballot question.

MHA Health PAC Funding Strategy

The 2008 Health PAC fundraising campaign raised nearly $302,000 toward the statewide goal of $350,000. The Health PAC Board would like to thank everyone who contributed to the campaign. Your contribution will truly make a difference in electing health care champions!

  • State House
    Health PAC funding is being distributed to 61 state House candidates who support responsible health care policies. Disbursements are based on member and MHA staff recommendations, electability, political consultant advice and MHA Health PAC Board approval.

    If you are interested in delivering a Health PAC check to one of the 61 candidates, please contact Stacy Dowdy at the MHA by Monday, Oct. 6. It would be greatly appreciated if the check was delivered to the state lawmaker or political candidate by Monday, Oct. 13, to ensure that the financial resources can be used in the final weeks of the campaign.

    If you feel that your local candidate warrants Health PAC financial support, please contact Lori Latham at the MHA. Please note: The MHA Health PAC primarily supports candidates running for statewide offices, not local or county offices.
  • Supreme Court
    The MHA is supporting the re-election of Chief Justice Cliff Taylor, as it continues to be a priority for Michigan hospitals and physicians to preserve a conservative majority on the state Supreme Court.

  • Federal
    The MHA is working with the American Hospital Association (AHA) to support the re-election of U.S. Sen. Carl Levin, as well as several of our state's 15 U.S. representatives running for re-election. The AHA is not endorsing nor providing any financial resources in the presidential election.

Candidate Conversations

The November election is a little more than a month away, and with the state Legislature and U.S. Congress soon to be adjourned, now is the perfect time to meet with the various political candidates to discuss their opinions on health care.

In conjunction with the AHA's "Ask the Candidates" campaign, MHA members are encouraged to ask their local candidates the following questions to learn their health care positions:

  • If elected, what steps would you take to ensure health care coverage for the millions of uninsured and underinsured residents in the state?
  • What will you do to improve the state's health care delivery system?
  • What will you do to ensure Michigan hospitals have the necessary resources to meet their community needs?
  • How would you work to achieve change in a bipartisan manner?

Additionally, election talking points have been developed to assist you in talking with the political candidates about the MHA's key advocacy issues.

In closing, our patients and the communities we serve want to keep their health care, like their politics, accountable and responsive to their communities. Join the MHA and the entire hospital community in seeing that both of these goals are achieved by casting your ballot in November.

If you have any questions regarding the MHA's election strategy, please contact David Finkbeiner, senior vice president, Advocacy, or Lori Latham, vice president, political and public affairs, at the MHA at (517) 703-8601

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10/2/08: MHA Legislative Policy Panel • MHA Capitol Advocacy Center • Lansing • For additional information, please contact Chris Mitchell at the MHA.
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