PHR: Gingrich ‘Loophole’ Offers Lobbyist Access for Consultant Cash

From Bloomberg Business Week:

Testifying before Senate committees in 2003 and 2006, Newt Gingrich commanded attention as a former House speaker. He used the opportunities to share his vision of the future of health care -- and to mention a few clients.

Both times he singled out HealthTrio LLC, an electronic health-care personal health record (PHR)  company and an early member of Gingrich’s Center for Health Transformation. As a member, the Denver-based company would have paid as much as $200,000 a year to the for- profit center.

HealthTrio was one of dozens of companies that benefited from its relationship with Gingrich, who had access to lawmakers and opportunities to advance their interests that go well beyond those of a standard Washington lobbyist. Gingrich insists he never lobbied, and he never registered as a lobbyist.

“I call it the Gingrich loophole,” said Howard Marlowe, president of the American League of Lobbyists in Alexandria, Virginia. “It’s not lobbying under the law, he’s right about that. It is lobbying in reality.”

Lobbyists must register their work with Congress if they have a paying client, make at least two contacts on behalf of the client and spend at least 20 percent of their time working for that client during a three-month period. Gingrich’s work often dovetailed with the work lobbyists do, even though he probably didn’t hit the 20 percent threshold, Marlowe said.

Providing Information

While lobbyists sometimes work behind closed doors to make deals and help draft legislation, much of their time is spent simply providing information to lawmakers and clients or trying to raise a client’s profile before agencies and congressional offices that can affect their interests. Often that means getting a meeting with a legislative director or chief of staff for a senator or representative.