Can Health Centers Lobby?

Yes, Health Centers, and all organizations exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, may lobby for or against legislation. In fact, lobbying is an important means for a 501(c)(3) organization to accomplish its mission. More than 75% of a health centers’ budget is determined by federal, state and local government’s decisions. However, there are two limitations:

1. Federal grant funds may not be used to pay for any lobbying expenses.

2. A health center's lobbying activities cannot constitute a "substantial part" of the center's total activities. Therefore you should not spend more than 5% of your organization’s time and effort on lobbying activities.

Additionally, health centers cannot support, oppose, or contribute to candidates for elective office.

What Is Lobbying?

Lobbying is an attempt to influence the passage or defeat of laws, resolutions, or similar items by Congress or a state or local legislative body, or a referendum, constitutional amendment, or similar procedure. There are two types of lobbying, and health centers should use both when appropriate. Direct lobbying consists of communicating directly with an elected official’s office and urging support or opposition to a specific piece of legislation or referendum (a bill, an amendment, a funding level, etc.). Grassroots lobbying consists of urging others to communicate with an official. Both are critical to making an impact with your elected official.

Generally speaking, communications that do not advocate the passage or defeat of legislation or similar measures are not considered to be lobbying. For example, meeting with a Congressman to provide objective and educational information about health centers, the need for primary health care services, and other general information is not considered to be lobbying. Also, responding to requests from a Member of Congress or a staffer for information or data is not lobbying.  

Where Can I Find More Information?

The IRS Guidelines on non-profit lobbying can be found here.