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ACCOMPLISHMENTS
A trusted team
on Beacon Hill with years of legislative and regulatory
experience, the partners at Policy Strategists, LLC established
this firm in September of 2000. The firm has enjoyed success
on behalf of multiple clients in various areas of government,
including appropriations; licensure, permitting and oversight
issues; life sciences and safety issues; health care and
technology.
Mass Drunk Driving Law Withstands Court Challenge
Roadway
safety initiatives have been successfully adopted recently. In
2003, on behalf of MADD, Policy Strategists, LLC successfully
passed legislation known as “.08 per se”, which recognizes the
breathalyzer as an objective measure of “impairment” for the
purposes of driving. In addition, the law secured new federal
highway funds, while avoiding severe penalties that would have
been levied on Massachusetts. Rep. Reed Hillman, former head of
the State Police exclaimed that “in my opinion, this is the most
important public safety legislation in a generation” and
the Massachusetts Supreme Judicial Court (SJC) has since its
passage, preserved the legislative intent with the
Commonwealth v. Colturi decision issued April 18, 2007.
In a decision eagerly awaited by
prosecutors, the SJC ruled that, where the Commonwealth proceeds
on a "per se" theory of operating under the influence,
prosecutors are not required to present expert testimony on
retrograde extrapolation to admit a breath test result if the
test was given within 3 hours of the arrest.
When proceeding only on an
"under the influence" theory with a breath test result, the
Commonwealth is required to present expert testimony
establishing a relationship between the test results and
intoxication as a foundational requirement of the admissibility
of such results. The SJC ruled that
retrograde extrapolation testimony is not required to admit the
results of a breath test so long as the test is conducted within
a reasonable period of time after the driver's last operation of
the vehicle. The court defined a reasonable amount of time as 3
hours. Additionally, if the Commonwealth charges the per se and
under the influence theories in the alternative and proceeds to
trial on both, the breath test result is admissible without
expert testimony. The Court reasoned that in such a case, the
jury would be instructed that if they find the defendant
operated a motor vehicle with a blood alcohol content of .08 or
greater, he is guilty of violating the OUI statute.
Policy Strategists, LLC is proud to
have lobbied and passed legislative language that has passed a
rigorous court challenge and been
upheld.
FUNDING
Norfolk Probate
and Family Court Trust
Policy
Strategists, LLC secured funding for the relocation of employees
at the Norfolk Probate and Family Court, a known “sick
building”. This $5.5 million dollar authorization allowed the
court to continue to function at another location while
restorations were underway, protecting the health and safety of
the employees and the public. The Norfolk Probate and Family
Court Improvement Trust consulted with Policy Strategists, LLC
in the negotiation of this funding with the Legislature during
its pending class action lawsuit forcing the relocation plan.
American Heart
Association
With the
American Heart Association, Policy Strategists, LLC secured the
authorization of $2.7 million dollars in funding for the
purchase and distribution of Automatic External Defibrillators (AEDs)
to be used by first responders in every city and town in
Massachusetts. The Romney administration immediately
prioritized this authorization, and within six months of taking
office, conducted a bulk purchase and distribution of AEDs
across the state, saving three lives in the first month alone.
Decreasing the time of response for cardiac victims and
providing access to AEDs directly increases the chance of
survival. This was the largest state appropriation of money of
this kind in the country.
Hearth
Policy
Strategists, LLC secured annual appropriations and increased
funding in the FY05 and FY06 state budget for an earmark
dedicated to the work of HEARTH. In an increasingly tight
budget environment, successfully ensuring a funding increase
legitimizes the essential services provided by this affordable
housing program for elders and the solid reputation of Policy
Strategists, LLC in articulating the need for this increase with
the leadership of the Legislature and the Governor’s office.
LICENSURE, PERMITTING & REGULATORY OVERSIGHT
BJ’s Wholesale
Club
Buoyed by
consumer spending at warehouse clubs, BJ's Wholesale Club is on
an expansion binge. The Natick, Mass.-based retailer is
bolstering its presence offering benefits such as pharmacies and
gas stations. The chain capitalized on an analysis of
the political climate, meetings with key local lawmakers,
communication strategies and projected costs for a municipal
expansion that resulted in significant savings for the company
relative to this particular project.
Fresenius
Medical Care of North America
Fresenius
Medical Care is the world's largest, integrated provider of
products and services for individuals with chronic kidney
failure, a condition that affects more than 1,300,000
individuals worldwide. Through its network of 1,645 dialysis
clinics, Fresenius Medical Care provides dialysis treatment to
128,200 patients around the globe. The federal physician
self-referral law (“Stark Statute”) and many state self-referral
laws, properly prevent prohibited referrals by health care
providers, those in a position to make referrals to entities
in which they may have a financial interest. The policy behind
these laws is to prevent conflicts of interests that may affect
independent judgment in making treatment decisions for patients,
which should be based solely on medical necessity. Under the
Federal Stark Statute, and newly amended Massachusetts
legislation, exemptions permit referrals by nephrologists to
dialysis centers where they serve as medical directors for
essentially all renal dialysis services and supplies recognizing
that referrals for such items and services are not subject to
these types of prohibited abuses.
LIFE SCIENCES
& SAFETY
The
Massachusetts Systems Contractors Association
As the trade
organization that represents more than 191 small businesses and
companies across the Commonwealth and is
dedicated to the education and
promotion of the use of fire warning, security, telephony, data,
audio, video and other power limited systems for the safety,
convenience, and protection of the public, the
Massachusetts Systems Contractors Association (MSCA) understands
the value of keeping a set of eyes and ears on Beacon Hill.
Pending legislation would require a minimum of five licenses
issued by the state to maintain business members’ current
operations. According to Bob Boucher, Past President and member
of the MSCA legislative committee, Policy Strategists “is aware
of the inner workings of our industry, able to defend our
position with passion of those of us who have made low voltage
electronics our livelihood and represents MSCA articulately and
with the highest degree of professionalism. We appreciate their
common sense, professionalism and veracity as they tackle the
heady and complicated issues on behalf of our organization.”
Mothers Against
Drunk Driving
Roadway safety
initiatives have been successfully adopted recently. In 2003,
on behalf of MADD, Policy Strategists, LLC successfully passed
legislation known as “.08 per se”, which recognizes the
breathalyzer as an objective measure of “impairment” for the
purposes of driving. In addition, the law secured new federal
highway funds, while avoiding severe penalties that would have
been levied on Massachusetts. Rep. Reed Hillman, former head of
the State Police exclaimed that “in my opinion, this is the most
important public safety legislation in a generation”.
Policy
Strategists, LLC also advocated for two other important roadway safety
laws. One targets the most dangerous hard core drunk drivers,
chronic repeat offenders. Drunk driving was the only crime for
which offenders were forgiven the prior convictions if those
convictions were ten or more years old. Regardless of the
number of convictions over a lifetime of a drunk driver, only
those within a 10 year window were counted to determine
penalties on a new conviction. The change removed that 10-year
window for those with a third and subsequent drunk driving
offenses, regardless of the dates of the prior convictions.
Additionally, only the second law of its kind in the country,
those convicted of a drunk driving offense now pay a $50 fine
that is deposited in a Victims of Drunk Driving Trust Fund to
provide victim services. The Massachusetts fund generated more
than $750,000 in its first year.
HEALTHCARE
The Doug Flutie
Jr. Foundation for Autism
April is now
Autism Awareness Month because of a law proclaiming its
designation. The Doug Flutie Jr. Foundation for Autism and the
State Wide Coalition for Autism worked with Policy Strategists,
LLC to accelerate the passage of the law, which now brings
attention and political focus each year to the needs of families
and children coping with Autism, Asperger’s and Autism Spectrum
Disorders.
The
Massachusetts Coalition of Nurse Practitioners
Policy
Strategists, LLC has advanced the profession of nursing through
a number of new laws. Nurse Practitioners can now pronounce
death for any patient in their care. This law was passed in the
spirit of advocating for policies that support compassionate
dying. Policy Strategists, LLC has also affected changes in
law for Psychiatric Clinical Nurse Specialists regarding court
acknowledgement of their expertise when the appointment of a
guardian or conservator is warranted. These nurses are now
afforded professional immunity when committing patients for
their safety or for the safety of the public.
Craven & Ober Policy Strategists,
LLC strives to create dynamic strategies, which make significant
progress in the accomplishment of our client’s goals or the
advancement of their mission. A team approach capitalizes upon
our individual skill sets. Craven & Ober Policy Strategists,
LLC is eager to produce notable accomplishments with you.
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