Solution:
Our firm had been retained by a company who was very interested in allowing medical schools in the Commonwealth to study the medication and its various effects on illnesses. We worked with legislators and staff to draft the concept of a research program to answer all the outstanding questions that those opposed to the issue felt they wanted to have answered. Out of these discussions, the concept of Chapter 20 research (part of Act 16 of 2016, the PA Medical Marijuana Act) was developed and gained support.

Results:
Sharing the research concept gained support of some of the legislators who had been strongly opposed to the bill without the inclusion of this chapter. The language drafted allowed Academic Medical Schools in the Commonwealth to team up with entities that would grow and sell the medicine while conducting research that the medical school studied. The concept gained enough support that the bill was called up for a vote and passed the General Assembly. The bill became Act 16 of 2016, and today medical marijuana research is conducted daily within the Commonwealth. Pennsylvania is leading the country in the research that is assisting the medical field and offering insight into cannabis treatment for various conditions.

Solution:
This provider group had been specifically harmed by a rate reduction that was implemented across the entire Medicaid program years ago. Since that time, their payment rate was lower than it had been years ago. There were not significant increases in recent years to restore the cost for these services and these providers were very supported by the General Assembly as many senior citizens in the state receive services from these providers. Even with that support, a rate increase had continued to be illusive. We understood the need to gain support both legislatively, administratively, regionally and across all political spectrums.

Results:
We identified champions who could step forward and assist in asking for this request to be included in the budget bill. A rate increase for the organization was included in the budget discussions, and eventually in the legislation that passed the legislature and was signed into law by the Governor. We succeeded in obtaining a significant rate increase for the provider group. We were also successful in advocating their inclusion in federal COVID relief funds due to their costs expended during the pandemic.

Solution:
Recognizing that the formula to pass the initial clean slate law was successful, a similarly diverse coalition was constructed, and the effort was branded “Clean Slate 3.0”. This group included statewide and national conservative and progressive organizations, many chambers of commerce, local and statewide labor groups, law enforcement (including district attorneys and defense attorneys), mayors, bar associations, and various religious organizations. Previous bill sponsors, Democrats Representative Jordan Harris and Senator Tony Williams from Philadelphia and Republican Representative Sheryl Delozier from Central Pennsylvania all agreed it was time to expand the law and started educating their colleagues. Republican Senator Lisa Baker from Northeast Pennsylvania, Chairwoman of the Senate Judiciary Committee, also signed up to be a Senate sponsor and was integral to our success. All four had different perspectives, represent different parts of Pennsylvania and were tremendous advocates both within their respective caucuses and with the public at-large.

Results:
Clean Slate 3.0 overwhelmingly passed both chambers and was signed by Governor Shapiro. It became tied together with a host of bills that balanced giving individuals who turned their lives around second chances with laws aimed at cracking down on habitual criminals. It was the definition of compromise.

Solution:
We led the effort to unify Pennsylvania’s public transportation industry and their ridership stakeholder groups to implement a strategic administrative and legislative advocacy effort in conjunction with a grassroots communication plan opposing MATP privatization.

This unified multi-stakeholder effort called for immediate action to stop the procurement to privatize MATP and to study the issue to determine if a change in the delivery model was warranted. This “stop and study” strategy called for the cancellation of the Request for Application (RFA 28-18) and the establishment of an independent review committee to study the MATP delivery model.

Our message was clear. Privatization of MATP services was a solution in search of a problem. The existing MATP delivery method was both efficient and effective. Pennsylvania boasted the fifth lowest cost per trip in the nation, while providing the highest number of trips. Communities across Pennsylvania rely on this lifeline transportation service and any change needed to be in the best interest of the Commonwealth and its residents.

Results:
We successfully lobbied the legislature to amend the Human Services Code in Act 19 of 2019 (Act 19) with language to “stop and study” the privatization of MATP services. Act 19 paused the procurement and required DHS, in coordination with the Pennsylvania Department of Transportation (PennDOT) and the Pennsylvania Department of Aging (PDA) to commission an analysis/study before entering into any agreement with a broker or implementing a full-risk brokerage model to administer the MATP. Act 19 also required DHS, as the lead agency, to submit preliminary and final reports on or before late September and December of 2019.

Following the issuance of the final MATP report, we successfully lobbied the administration to forego making an award for a statewide full-risk brokerage contract, ending the procurement, and the privatization of MATP.

Solution:
The Department of Human Services submits State Plan Amendments to the federal Centers for Medicaid and Medicare Services (CMS) seeking approval for all changes to the Medicaid program. We assisted in educating the Administration about the program changes needed for reimbursement of these emerging treatments and shared what other states had implemented. We also educated lawmakers, staff and appropriate legislative committees of the emerging technologies and the life altering, cost saving potential these therapies would offer once approved for use.

Results:
Legislators had interest in seeing the state plan changes quickly and we had several legislative supporters work to ensure language was inserted in a bill during the state budget process to require the PA Department of Human Services to amend the State Plan with CMS to cover the therapy cost and treatment method for administering the therapy. The bill passed and was signed by the Governor. The Department has worked with CMS and the therapy is now available for our state Medicaid recipients.

Solution: For over two-and-a-half years we worked to form, expand and maintain a coalition of House and Senate members and staff who were supportive of the changes our clients were seeking. Equally important were the partnerships we formed, and partnerships we avoided, within Pennsylvania’s casino industry. Understanding the changes our clients were advocating were not the driving force behind the gaming expansion, we strategically partnered and created relationships with casino properties around Pennsylvania. This allowed our clients to mutually advocate for each other’s priorities to members of the General Assembly and the Governor’s Office.

Results:
When the gaming expansion legislation was signed into law, our clients were given the ability to allow the general public to enter their casinos without paying a fee, add an additional 250 slot machines/15 non-banking tables and participate in iGaming and the Category 4 casino auction process. The multiyear process to enact the gaming expansion legislation gave our firm a front row seat to the inner workings of the Pennsylvania casino industry and allowed us to forge relationships with members and staff that credentialed Malady & Wooten as a superior advocate for gaming clients.

Solution:
Due to a provision that codified local taxing, authorities could not levy taxes on public charter schools and Governor Rendell consequently vetoed the bill. The last Gubernatorial veto that had been recorded dated back to 1993. At the time, the Senate was controlled by Republicans and the House by Governor Rendell’s own party, the Democrats. Our challenge was twofold: convincing the House Democrats to override a veto of the Governor of their own party, and convincing the Senate, who pledged not to conduct any new substantive votes in a “lame duck” session to take up the bill if the House conducted the override. Our strategy was clear – first work with all of the House Democrats who were prime sponsors of the provisions which made their way into the omnibus school code bill and have them implore their leadership to call up the bill. These members were on the cusp of seeing important legislation they deeply cared about it vanishing by the stroke of a pen. It worked.

Results:
The pressure from the members persuaded House Democratic leadership to agree to the veto override if they had assurances that the Senate would act. After careful consideration and encouragement from the Senate Education Chairman and other members who had priority bills incorporated into HB 101, the Senate concluded that they would not be taking up any “new business” during a lame duck session but instead concurring on “old business.” Despite late lobbying by the Rendell Administration to avoid the embarrassment of a rare veto override, HB 101 passed again with huge bi-partisan majorities and became a law.

Solution:
Understanding there can be some hesitation around the use of cameras for automated enforcement, we partnered with geographically diverse school districts located in politically diverse legislative districts to operate pilot programs to visually show and present data on the extent of the problem. The results of the pilot programs were astounding with the urban school district pilot showing more than 200 violations over a 47-school day period and videos of other school vehicles and public transportation buses illegally passing a stopped school bus.

These videos and the overwhelming disregard of the law gave the concept of automated school bus stop-arm enforcement the momentum that was needed. We were also mindful to include language in the bill that required law enforcement to review every potential violation before it was issued, and the bill provided for strict due process protections to individuals that sought to contest their violation.

Results:
The automated school bus stop-arm enforcement legislation was passed overwhelmingly by the House and Senate and signed by the Governor. After working for over a year with various stakeholders, the law was fully implemented, and dozens of school districts began participating in the program. Within the first six months of implementation, over 8,000 school bus stop-arm violations had been approved by law enforcement and issued by Pennsylvania school districts.