NEW YORK
TEMPORARY STATE COMMISSION
ON REGULATION OF LOBBYING

OPINION NO. 20 (78-20)

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FACTS

A health provider is represented by their attorney and consultants in seeking adjustments of reimbursement rates as promulgated by the Department of Health. The Commissioner of Health is authorized and required to promulgate rates of reimbursement for the various health care facilities under their jurisdiction.

The question presented to the Commission is whether, under the Regulation of Lobbying Act of 1977 (hereinafter referred to as the Act), an administrative appeal seeking adjustment of reimbursement rates by the Department of Health is an attempt to influence the outcome of any rate making proceeding by a State agency within the meaning of Section 3(a) of the Act.

OPINION

Section 3(a) of the Act deals in part with "attempts to influence...the adoption or rejection of any rule or regulation having the force and effect of law or the outcome of any rate-making proceeding by a state agency." This relates to an agency's rule or regulation that would have general application to all entities in a particular class. In the instant case, each appeal would only affect the individual health provider involved.

Therefore, the question presented is answered in the negative and, attorneys and consultants employed, or in-house staff utilized, in such a proceeding are not lobbying within the definition of "lobbying" under Section 3(b) of the Act.


APPROVED BY COMMISSION: October 6, 1978

CONCURRING: CHAIRMAN S. STANLEY KREUTZER, VICE CHAIRMAN OWEN McGIVERN, MARGARET C. ANDRONACO, D. CLINTON DOMINICK, DANIEL GUTMAN, and DAVID C. TAIT.

/S/
________________________________________

S. STANLEY KREUTZER
Chairman


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