Pay-to-Play Disclosure Rules: Is Your Organization Ready?

Yesterday, the New Jersey Hospital Association (“NJHA”) held a well attended seminar on this topic. While geared toward the healthcare industry and how pay-to-play laws affect nonprofit entities, many of the concerns raised apply to nonprofit and for profit entities alike. The seminar focused on the steps that organizations must take to assist compliance with ELEC’s September 28, 2007 filing deadline for the First Annual Chapter 271 Business Entity Pay-to-Play Disclosure Statement. Highlights included: • discussion of which public entity government contracts are covered • the difference between grants and contracts • the treatment of third party (i.e., Medicare, Medicaid and insurance) payments • recommendations for ongoing compliance for the business entity itself and for its subsidiaries, officers, directors and trustees. The September 28, 2007 filing deadline is right around the corner, so non-profit and for-profit entities are now sifting through the details of their government contracts and the reportable contributions made by covered persons and entities to ensure an accurate disclosure.