Advocating Your Cause in the State Legislature

Why is the State Legislature Important?
Congress is the foremost legislative body of the United States, and it receives by far the most press coverage of any legislature in the country. As a result, its members are known well to his or her constituents, and so it is not surprising that when people need to see an elected representative, their usual first response is to call on their members of Congress.

Broadly stated, States essentially have any power not specifically denied to them. In fact, the affairs of the state governments in people's lives are so broad that it may be observed that unless a person is a federal employee or a Medicare beneficiary, the most exposure most people have to the federal government is when they pay their taxes. This is why it is important to know the value of meeting with your state legislators.

Why meet with your state legislators?
If your state chapter has a concern that requires the intervention and support of an elected official, it is best to first call your state legislators simply for the fact that most of the issues you will have may be redressed through the state. Every state legislature has a website that may be found using a simple internet search; you may also find your state legislature's website by visiting the State Chapters section of the AMDA website at http://www.amda.com/governance/statechapters.cfm, and clicking on your state at the bottom of the page.

What if It Is a Federal Issue?
Even if you discover that your issue is a federal one requiring your Congressman, getting your state legislator involved does hold a special advantage over first trying to meet with your Congressman. Consider that state legislators have special personal relationships with their federal counterparts that are based on their mutual desire to get reelected by the same constituency. It is very common to see state legislators and Congressmen at each other's functions, shaking hands, talking to constituents, and seeking votes and donations.

Prepare to Meet with Your State Legislator
Before placing a call to the legislator's office, research your issue and the biographical sketches of your local representatives (which usually may be found on the state legislature's website). Check to see if any of your local legislators has experience in your issue. For example, if you are a physician seeking a change in a medical law or regulation, check if any of your legislators have experience in physician issues. The key is to find a legislator who has reason to be sensitive to your needs to change or enact new policies, laws or regulations.

When Would You Not Call Your Own Representative First?
While it's usually good practice to meet with your own state legislator first, there are exceptions. For example, perhaps you are meeting the legislator on behalf of your facility, a chain of facilities, or an organization.

Meeting with Your State Legislato
r Always try to meet your legislator in person. Face-to-face meetings do a lot to personalize issues that may ordinarily be seen as being distant and subjective.

Call the legislator's office and schedule an appointment. Be aware that because most legislatures are part-time, you may have to make special arrangements to see your state representative

Remember, there's strength in numbers. Ask around your local industry to see if another individual or business shares your concern, and if so, ask if they will join you for the meeting.

What to Say during Your Meeting
Preparing what you will say beforehand is an absolute must. You will be expected to briefly state why you are there and what you are trying to accomplish, and in doing so conciseness and clarity are essential. Think about including the following while you prepare:

Start by introducing yourself, including your credentials. "Representative Smith, Dr. Jones and I are medical directors of long-term care facilities in your district."

Give the legislator a good reason why he or she should pay attention to what you're about to say. A particularly good strategy to use involves stating how many people in the representative's district will be affected by what you have to say. "Each of our facilities employs 150 people, including 40 full-time and part-time physicians. Combined we care for more than 200 individuals who are frail elderly or have disabilities, each of whom has family members and friends who reside in your district."

State your issue and your goal.
"Representative Smith, Doctor Jones and I are here today because we need help in establishing a law that defines who oversees the medical director when that medical director is also performing duties as an attending physician."

State how not accomplishing your goal will have a negative result.
"Consumers want to know that all physicians making medical decisions are peer reviewed. We have considered creating internal policies to handle this oversight issue, but these policies do not hold the force of law in court."

Go for the heart. However, be honest and very careful not to exaggerate while doing so. Going for the heart is a good strategy, but it is a well-worn one, too.
"Representative Smith, if for no other reason this oversight issue needs to be defined simply because elderly individuals may be hurt if we don't provide this protection."

Go for the head. Use easy-to-follow, logical reasons as to why your initiative should be supported. Bring in relevant supporting documentation and evidence. Remember that in the mind of the legislator, "money talks": If possible, state the economic impacts on his district.
"A single lawsuit, even if we won, would seriously drain our financial resources from legal fees alone. These charts show the average economic impact nationwide that lawsuits have on the individual faculty. We simply would no longer have the resources to support our staff, and we would be forced to lay them off. Plus, we would not be able to care for as many patients as we do now; we would have to discharge them back to their homes for their families to care for them."

State how your issue may be solved through legislative means?
"We recommend an addition to the law that requires the state health department to enact regulations that define who oversees the medical director when that medical director is also serving as an attending physician."

State how your legislator may help you, but remember that his or her time is limited. The less the legislator has to do himself or herself, the better chance you'll get his or her support. Offer to do most of the work yourself.
"We hope you will consider introducing legislation that will do this. As we are familiar with the relevant law, we can write the legislation for you, and submit it to you for your review and possible approval."

Summary

Despite many governmental powers being left to the States by the Constitution and subsequent acts of Congress, state legislatures remain an often overlooked resource for solving many of the issues faced on an everyday basis. With some research and preparation, you may gain the support of a State Senator or Representative who may prove to be a valuable resource with assisting you towards your goal.

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