Re: [openhealth] Re: [Hardhats] Announcing Liberty Medical Software Foundation and a petition in support of the current VistA as Utility act

2009-05-10 Thread Fouad Bajwa
Hi Bhaskar!

Long time no chat! 501(c)3 would be a valid approach. When we
incorporated www.ifossf.org, we went this route. You should also check
the states that offer more conducive environments for nonprofit
incorporation. The State of Michigan is a good option. An attorney is
must and a strategy to make the community and various donor
foundations around the US is also much needed in the initial startup.

Good luck all! Great initiative and do let me know if I can be a part of it!

On Thu, May 7, 2009 at 6:10 PM, K.S. Bhaskar  wrote:
>
>
> I'll second that. There are (at least) two types of non-profit
> organizations in the US: those incorporated under section 501(c)(3) and
> 501(c)(6). Before you incorporate, do check which with an attorney as
> to which is best for your needs. There certainly is a need in the FOSS
> health space for both types.
>
> Regards
> -- Bhaskar
>
> On 05/07/2009 03:03 AM, Joseph Dal Molin wrote:
>> Fred,
>>
>> From your description this sounds very much like a trade association
>> not a 501 c 3 as your advertised objective on the website. How far are
>> you in the "midst" of applying for 501 c 3... are you working through a
>> good not for profit lawyer?
>>
>> Joseph
>
> 



-- 

Regards.
--
Fouad Bajwa
@skBajwa
Answering all your technology questions
http://www.askbajwa.com
http://twitter.com/fouadbajwa


Re: [openhealth] Re: [Hardhats] Announcing Liberty Medical Software Foundation and a petition in support of the current VistA as Utility act

2009-05-07 Thread fred trotter
We will be doing that too ;)

-FT

On Thu, May 7, 2009 at 10:31 AM, K.S. Bhaskar  wrote:
>
> Thanks, Fred.  Your thinking makes sense.  But I am a geek wannabe, not
> a lawyer.  My advice is just to get good advice.
>
> Regards
> -- Bhaskar
>
> On 05/07/2009 11:07 AM, fred trotter wrote:
>> One of the primary purposes of LibertyMSF will be to work on orphan
>> projects like written documentation or code documentation, and we want
>> to be able to apply for grants and such. We also want to be able to
>> accept donations directly from individuals. For this reason we will be
>> going 501c3
>>
>> The Health IT Public Utility Act of 2009 is unique because I had
>> honestly thought that direct 'lobbying' (as in trying to influence the
>> passing of legislation) would be outside our mission statement.
>> However, 501c3 can do limited lobbying and the kinds of lobbying that
>> we plan to do for this bill and bills like it are essentially
>> costless, and well within the limitations of what a 501c3 is allowed
>> to do. (IANAL etc etc)
>>
>> There will so rarely be an actual 'bill' that comes up, that I do not
>> think we will spend much time on this. I hope that LibertyMSF will
>> become more regularly involved in policy papers rather than directly
>> active on legislation.
>>
>> As for a trade association, (or 501c6) it is my limited understanding
>> that they have to survive on the dues of its members. The problem with
>> that is that any organization that hopes to represent our community
>> must reconcile the fact that what is in the companies best interests
>> is not always the same thing as the interests of the individuals in
>> the community. If LibertyMSF were limited to representing just
>> corporate members, we would eventually become beholden to only 50% of
>> the relevant interests. Again, the proprietary EHR industry has the
>> glut of funds needed to run several different organizations, our
>> community simply does not. For this reason we will be following the
>> 'patron' model that the Free Software Foundation uses.
>>
>> Of course, as we move forward we are open to changing course on issues
>> like this, but for now, I wanted to explain our initial thinking. Does
>> this make sense?
>>
>> -FT
>
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>
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-- 
Fred Trotter
http://www.fredtrotter.com


Re: [openhealth] Re: [Hardhats] Announcing Liberty Medical Software Foundation and a petition in support of the current VistA as Utility act

2009-05-07 Thread K.S. Bhaskar
Thanks, Fred.  Your thinking makes sense.  But I am a geek wannabe, not 
a lawyer.  My advice is just to get good advice.

Regards
-- Bhaskar

On 05/07/2009 11:07 AM, fred trotter wrote:
> One of the primary purposes of LibertyMSF will be to work on orphan
> projects like written documentation or code documentation, and we want
> to be able to apply for grants and such. We also want to be able to
> accept donations directly from individuals. For this reason we will be
> going 501c3
> 
> The Health IT Public Utility Act of 2009 is unique because I had
> honestly thought that direct 'lobbying' (as in trying to influence the
> passing of legislation) would be outside our mission statement.
> However, 501c3 can do limited lobbying and the kinds of lobbying that
> we plan to do for this bill and bills like it are essentially
> costless, and well within the limitations of what a 501c3 is allowed
> to do. (IANAL etc etc)
> 
> There will so rarely be an actual 'bill' that comes up, that I do not
> think we will spend much time on this. I hope that LibertyMSF will
> become more regularly involved in policy papers rather than directly
> active on legislation.
> 
> As for a trade association, (or 501c6) it is my limited understanding
> that they have to survive on the dues of its members. The problem with
> that is that any organization that hopes to represent our community
> must reconcile the fact that what is in the companies best interests
> is not always the same thing as the interests of the individuals in
> the community. If LibertyMSF were limited to representing just
> corporate members, we would eventually become beholden to only 50% of
> the relevant interests. Again, the proprietary EHR industry has the
> glut of funds needed to run several different organizations, our
> community simply does not. For this reason we will be following the
> 'patron' model that the Free Software Foundation uses.
> 
> Of course, as we move forward we are open to changing course on issues
> like this, but for now, I wanted to explain our initial thinking. Does
> this make sense?
> 
> -FT

_

The information contained in this message is proprietary and/or confidential. 
If you are not the 
intended recipient, please: (i) delete the message and all copies; (ii) do not 
disclose, 
distribute or use the message in any manner; and (iii) notify the sender 
immediately. In addition, 
please be aware that any message addressed to our domain is subject to 
archiving and review by 
persons other than the intended recipient. Thank you.
_


Re: [openhealth] Re: [Hardhats] Announcing Liberty Medical Software Foundation and a petition in support of the current VistA as Utility act

2009-05-07 Thread fred trotter
One of the primary purposes of LibertyMSF will be to work on orphan
projects like written documentation or code documentation, and we want
to be able to apply for grants and such. We also want to be able to
accept donations directly from individuals. For this reason we will be
going 501c3

The Health IT Public Utility Act of 2009 is unique because I had
honestly thought that direct 'lobbying' (as in trying to influence the
passing of legislation) would be outside our mission statement.
However, 501c3 can do limited lobbying and the kinds of lobbying that
we plan to do for this bill and bills like it are essentially
costless, and well within the limitations of what a 501c3 is allowed
to do. (IANAL etc etc)

There will so rarely be an actual 'bill' that comes up, that I do not
think we will spend much time on this. I hope that LibertyMSF will
become more regularly involved in policy papers rather than directly
active on legislation.

As for a trade association, (or 501c6) it is my limited understanding
that they have to survive on the dues of its members. The problem with
that is that any organization that hopes to represent our community
must reconcile the fact that what is in the companies best interests
is not always the same thing as the interests of the individuals in
the community. If LibertyMSF were limited to representing just
corporate members, we would eventually become beholden to only 50% of
the relevant interests. Again, the proprietary EHR industry has the
glut of funds needed to run several different organizations, our
community simply does not. For this reason we will be following the
'patron' model that the Free Software Foundation uses.

Of course, as we move forward we are open to changing course on issues
like this, but for now, I wanted to explain our initial thinking. Does
this make sense?

-FT

On Thu, May 7, 2009 at 6:10 AM, K.S. Bhaskar  wrote:
> I'll second that.  There are (at least) two types of non-profit
> organizations in the US: those incorporated under section 501(c)(3) and
> 501(c)(6).  Before you incorporate, do check which with an attorney as
> to which is best for your needs.  There certainly is a need in the FOSS
> health space for both types.
>
> Regards
> -- Bhaskar
>
> On 05/07/2009 03:03 AM, Joseph Dal Molin wrote:
>> Fred,
>>
>>  From your description this sounds very much like a trade association
>> not a 501 c 3 as your advertised objective on the website. How far are
>> you in the "midst" of applying for 501 c 3... are you working through a
>> good not for profit lawyer?
>>
>> Joseph
>
>
>
> 
>
> Yahoo! Groups Links
>
>
>
>



-- 
Fred Trotter
http://www.fredtrotter.com


Re: [openhealth] Re: [Hardhats] Announcing Liberty Medical Software Foundation and a petition in support of the current VistA as Utility act

2009-05-07 Thread K.S. Bhaskar
I'll second that.  There are (at least) two types of non-profit 
organizations in the US: those incorporated under section 501(c)(3) and 
501(c)(6).  Before you incorporate, do check which with an attorney as 
to which is best for your needs.  There certainly is a need in the FOSS 
health space for both types.

Regards
-- Bhaskar

On 05/07/2009 03:03 AM, Joseph Dal Molin wrote:
> Fred,
> 
>  From your description this sounds very much like a trade association
> not a 501 c 3 as your advertised objective on the website. How far are
> you in the "midst" of applying for 501 c 3... are you working through a
> good not for profit lawyer?
> 
> Joseph