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Add Your Voice To Our Rising Tune
By: Sherri Lennarson, MAS, PPAI Chair of the Board
Issue: 2009jul
One of my first Chair’s Letters focused on government relations and legislative engagement, so the title for this column could have been “Same Song, Second Verse.” It’s not a glamorous message but it bears repeating: You should become actively engaged with your state and federal senators and representatives. A real sense of urgency exists. In fact, your very livelihood depends on your ability to educate, persuade and influence legislators.
Although communicating with legislators may be foreign to some, the desired outcomes should be second nature to all of us. We’re in the business of educating, persuading and influencing.
The single most important federal issue is Senate Bill 301, the Physician Payments Sunshine Act. This bill requires manufacturers of covered drugs, devices or medical supplies to disclose payment or other “transfer of value” made to a physician, a physician medical practice or a physician group practice. “Transfer of value” includes any compensation, gift, honorarium, speaking fee, consulting fee, travel, services, dividend, profit distribution, stock or stock option grant, or ownership of investment interest.
Although not specifically noted, promotional products are included under this definition. The transfer of value requires special reporting and would essentially limit use of (if not eliminate) our advertising medium—promotional products. In simple terms, distribution wouldn’t be worth the hassle.
The bill was introduced by Senator Charles Grassley of my home state, Iowa. In February, I traveled 100 miles round trip on a dark, cold, windy winter evening to talk with Senator Grassley at a town hall meeting. The Louisa County Ambulance Center was standing room only. I was lucky to claim one of the last spots in the cramped room and luckier yet to ask the Senator a question.
Language in a previous bill noted a de minimis (minimum value) that would have allowed the distribution of a large majority of promotional products. I was anxious to ask the senator why the language had been removed. Before I raised my hand, Grassley spoke passionately about the need for transparency in government, particularly in healthcare. Transparency is a hard thing to argue against. Still I persevered. When asked, he indicated it was not his intention to ban the use of our medium. I countered with the unintended consequences of well-meaning legislation. Grassley called for the next question, but I had made our point.
After the meeting concluded, I stood in line for 30 minutes to talk personally with the senator. I wanted to give him my card, a beautiful Leed’s pen, a handy Dart jotter and a brochure on Bankers Advertising and our industry. It was worth the wait as I learned the name of the staffer in D.C. to talk with about the issue.
I continue to write letters. Yesterday I placed another call to Grassley’s office and await a return call from a staffer. It’s tedious but important work. We must aggressively lobby for a de minimis to be added to this bill. We can name the dollar value although it’s probably unrealistic to expect more than $25 based on the current legislative position, general public perception and consumer advocacy thinking.
Last summer’s revised PhRMA voluntary code represented the tip of the iceberg when one considers the federal and state action we are now seeing. I applaud the common sense approach of states such as New York and New Jersey, which have included gift values of $75 and $100 respectively. I am grateful for the work of countless Upper Midwest Association of Promotional Professionals (UMAPP) members who worked hard to defeat Minnesota legislation that would have negatively impacted our industry.
Dozens of people are currently involved, but we need hundreds to voice their concerns. I’m indebted to Eric Johnson, Mel Ellis, Mark Godsey, Molly Ginish, Paul Kiewiet, Chuck Pecher, Gene Geiger, Debbie Johnson, Joe Durand, Jeff Solomon, Peter Geiger, Mark Shinn, Chris Morrissey, Phil Sibinski, Steve Meyer, Chris Vernon, Lee Cochran, Lynne Elbert and Joel Schaffer. All are actively engaged.
PPAI Board member Eric Ekstrand is chairing PPAI’s newly formed Government Relations ACTION Council (GRAC). Don’t be surprised when you get a call from one of its members asking for your help.
We’ve made it easier than you can imagine to contact your representatives. Just visit PPAI LAW at www.ppailaw.org. It’s more important now than ever before to write, fax, call and e-mail your legislators. Then repeat the process all over again. You know, “Same Song, Second Verse.” Keep singing!
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