MBJ_Apr12_2019

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INSIDE — Ocean Springs soap company expanding to Bay St. Louis — Page 8

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INCENTIVES

YEARS

1979

www.msbusiness.com

2019

April 12, 2019 • Vo. 41 No. 15 • 20 pages

LABOR ISSUES

Filmmaking rebate requires ‘roots’ in Mississippi

New OT threshold ‘palatable’ to hospitality industry, others

— Page 2

MBJ FOCUS

HEALTH CARE {Section begins P12}

» Mississippi homes in on strategies to increase number of physicians the state » PROFILE: Tim Moore worked way to top

{The List P13} » Largest Hospitals

Shooting range opens at Sardis {P2}

» Advocacy group says

By TED CARTER mbj@msbusiness.com

Trump administration proposal shortchanges workers

New proposed federal worker overtime rules that would mandate time-and-a-half pay for many workers earning less than $35,308 annually would force Mississippi restaurants and other businesses to dig deeper to cover payroll. But businesses can still avoid paying over-

time to executive, administrative or professional employees who spend less than half their work time on non-managerial tasks. The exempt provisions make a lot of sense for hospitality businesses, though they do carry some challenges, said Pat Fontaine, executive director of the Jackson-based Mississippi See OT THRESHOLD, Page 4

http://msbusiness.com/events/health-care-heroes/


2 Q Mississippi Business Journal Q April 12, 2019 INCENTIVES

Filmmaking rebate requires ‘roots’ in Mississippi

By JACK WEATHERLY jack.weatherly@msbusiness.com A key incentive in the state’s film industry was allowed to expire two years ago after research by a legislative committee showed that 51 cents of every taxpayer dollar produced only 49 cents. In other words, it was investment loser. So the rebate of 25 percent on payroll for out-of-state cast and crew was allowed to sunset on July 1, 2017. As a result, the industry cratered. But the Legislature overwhelmingly passed a measure in this year’s session to restore the incentive – with an emphasis on Mississippi-based companies. The incentive could mean a far greater benefit to those film companies because it would include up to 25 percent of the “base investment,” which could be as much as $5 million, including pay and fringe benefits. Under the provisions of Senate Bill 2603, which is on Gov. Phil Bryant’s desk and is expected to be signed, outof-state production companies would have to “at least affiliate with Mississippi-based companies,” according to Sen. Joey Fillingane, R-Dist. 41, the primary author of the measure. A message left with the governor’s office Tuesday afternoon about the bill was not returned. SB 2603 requires that a state-certified production company has roots in the state to qualify for the rebate. It must have filed state income taxes in Mississippi in the previous three years and have engaged in making at least two motion pictures in Mississippi in the previous

decade. A report from the Joint Legislative Legislative Committee on Performance Evaluation and Expenditure Review, or PEER, in early 2015 stated that for every tax dollar spent on filmmaking in the state only 49 cents was realized. Without that rebate, payroll for Mississippians fell to $1.3 million in 2018 from $6.6 million in 2016, according to Emling. Fifteen feature films were made in the state in 2016, but last year the number dwindled to four, and in-state employment in the industry dropped 33 percent, from 900 in 2016 to 600 last year, according to the Institutions of Higher Learning. There is no sunset provision in SB 2603, which would take effect with the governor’s signature, which doesn’t

preclude lawmakers from later adding a sunset date, Fillingane said. Ward Emling, former longtime director of the state Film Office, recently reiterated that the PEER report released in 2015 was based on “incomplete and inaccurate information.” “To determine the impact of a nontraditional [e.g., filmmaking] industry by using traditional economic models” is flawed, Emling said. “The Help,” which was released in 2011 and made in Mississippi, served for the Film Office as a study for movie making in the state before the state’s film infrastructure had matured under the incentives program, which was established in 2004. The return on every dollar invested in that movie realized a return of 56 cents on the dollar. Emling said. And that does not include the ripple effect of spending by cast and crew in the communities, as well as impact on tourism. Sen. Lydia Chassaniol, R-Dist. 14, said that she had heard that $15 million was spent in Greenwood, a prime shooting site for “The Help.” Mississippi native and director Tate Taylor said the hard thing was getting black actresses to come to the Magnolia State for the movie, Chassaniol said in an interview. “They had heard so many bad things about Mississippi, they didn’t want to come. They got here and found out the truth of it is they were welcome in everybody’s home. Everybody wanted entertain them. They all want to come back,” said Chassaniol, chairwoman of the Senate Tourism Committee.

RECREATION

Shooting range opens at Sardis By JACK WEATHERLY jack.weatherly@msbusiness.com The McIvor Shooting Facility opened near Sardis adjacent to the Charles Ray Nix Wildlife Management Area on Saturday as a $4 million public-private investment. The 400-acre McIvor facility is a stateof-the-art resource for the state’s firearm enthusiasts, and it is the result of three years of planning, design and construction by the Mississippi Department of Wildlife, Fisheries and Parks and the Foundation of the Mississippi Wildlife, Fisheries and Parks. It joins two other WFP ranges – the Turcotte Shooting Facility at Canton at 506 Highway 435, and McHenry Shooting facility in near Perkinston in Stone County on 1060 E. McHenry Rd.

The newest range is located at 4216 Davis Chapel Rd., Sardis. Everyone 16 or older must pay $15 for admission. Rules and regulations and all other information for the three facilities are available online at mdwfp.com/law-enforcement/huntingrules-regs/ Winchester Ammunition, which has two manufacturing facilties at Oxford, contributed a $1.4 million matching grant for the McIvor range. “For decades, Winchester has been a strong leader in supporting recreational shooting sports activities as well as working with others to help grow participation,” Brett Flaugher, president of Winchester Ammunition, said in a news release. “With more than 50 million target shooters in the U.S., many of them here in the great state of Mississippi, we are very proud to be the major donor of this modern-day facility.”

Courtesy of Mississippi Department of Wildlife & Fisheries

The McIvor Shooting Facility encompasses 400 acres and offers a variety of options.

Owned and operated by WFP, it is located adjacent to the Charles Ray Nix Wildlife Management Area not far from Winchester’s rimfire and centerfire ammunition manufacturing plants in Oxford. It includes ranges for rifles at 100 and 300 yards, pistols, sporting clays (15 stations), 5 stand, trap, skeet, archery and there’s a pro shop with golf cart rentals available. “This is an excellent example of how public, private and corporate entities can work together on meaningful projects to

serve the public’s interest,” said Dr. Sam Polles, executive director of WFP. “Not only will this facility provide tremendous recreational opportunities for Mississippi’s sporting public, but it will also bring economic growth to this area of the state. It is a win, win for all concerned.” “Now with the opening of McIvor we have three amazing shooting facilities located across the state, providing affordable opportunities for all to enjoy,” said John E. Taylor, chairman of the foundation.


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4 Q Mississippi Business Journal Q April 12, 2019

OT THRESHOLD Continued from, Page 1

Hospitality and Restaurant Association. In the hospitality and restaurant business, a manager at one moment is a host, a night clerk, a cashier, a housekeeper, a kitchen helper, a dishwasher or even a bathroom janitor. Restricting that flexibility or tracking time spent on the various duties would be a burden all the way around, Fontaine said. “Managers in our industry need to have a ‘hands-on’ and ‘do-whatFontaine ever-it-takes’ approach to ensure that operations run smoothly; and they should be able to lead, train, and inspire by example,” Fontaine said in an email. They get to do that under proposed rules the Labor Department issued in March. The test is confined to whether the managers, administrator or professionals devote at least 50 percent of their time to managerial functions. The new rules, which are in a comment period, replace those the Labor Department in the Obama administration sought to enact in 2016. Those rules specified a $47,300 threshold for overtime pay exemptions and scratched the need for a “duties

test” since all workers below the threshold would be eligible for overtime pay of timeand-a-half an hour. As Tommy Siler, an employment lawyer and partner with Phelps Dunbar’s Jackson office, summed it up in a 2016 MBJ interview, “You are not exempt if you do not meet the minimum salary level test, no matter what your duties are.” The Obama rules never went into effect. A federal court in Texas threw them out and the Trump administration declined to appeal. The new rule sets a single test: Does the

manager, administrator or professional earn at least $35,308 a year ($679 weekly)? If yes, the employer does not pay for overtime work. Up to 10 percent of the salary minimum can be met through nondiscretionary bonuses, incentives, and commissions that are paid annually or more frequently, according to the proposals. The Labor Department says it intends to propose updates to the salary and compensation levels every four years. This is despite the strong criticism the automatic increase proposal in the Obama plan received. Without the automatic increases, new thresholds would have to go through a lengthy rule-making process. The Fair Labor Standards Act, or FLSA, requires covered employers to pay employees a minimum wage and overtime premium pay at least 1.5 times their regular rate of pay for employees who work more than 40 hours in a week. In Mississippi, the current overtime minimum wage is $10.90 rounded to the lowest nickel. The salary threshold for highly compensated employees who are exempt from FLSA overtime pay requirements from $100,000 a year to $147,414 a year. Fontaine said the 50-percent duties test puts an artificial cap on certain non-managerial work that managers can spend time doing. The result, he said, is to “place significant administrative burdens on restaurant owners, increase labor costs, cause customer service to suffer and likely result in an increase in wage-and-hour litigation.” On the other hand, the increased labor costs -- the first expansion of worker overtime eligibility in 15 years -- are “palatable” for the Hospitality and Restaurant Association, Fontaine said, and noted the national organization feels likewise. Beyond higher payrolls, the expansion requires businesses to assess their internal employee classifications, according to Fontaine. “This means they may find the need to either transition some of their exempt em-

ployees to non-exempt status or alternatively increase salaries,” he said. But, he added, switching employees from exempt to non-exempt status could dampen morale among workers who see the change as a demotion. The benefits for which the newly non-exempt worker is eligible will change as well, Fontaine noted. Companies, he said, must also spend more time on record keeping and figuring out how to hire more part-time workers or redistribute work. Otherwise, they face the potential for “overtime situations,” he added. Fontaine said the hundreds of hospitality businesses his membership represents fear they could face lawsuits from employees whose classification changed. The worker may claim they should have been non-exempt the entire time and are now due back-pay, he said. In its worker projections for the defunct-2016 rule, the Labor Department said 40,000 Mississippians working in the private sector and for public and non-profit entities would have become eligible for overtime pay with the $47,300 threshold. Far fewer workers will be eligible under the new threshold nearly $12,000 lower than the previous proposed baseline, though the Labor Department’s Wage and Hour Division has not yet provided a new worker estimate. Mississippi’s work force totals nearly 1.3 million people, the Labor Department’s Bureau of Labor Statistics says. The Labor Department says its analysis shows 5 percent of private sector workers nationally fall within the overtime eligibility threshold. It estimates that about 7 percent of nonprofit and government employees nationally will be affected by the higher salary threshold. In the 1970s, the overtime threshold covered 65 percent of American workers, says the National Employment Law project, a New York-based nonprofit that advocates for low-wage workers. “The Labor Department’s decision to revisit the overtime rile is a slap in the face to millions of workers all across America who waited years to be paid fairly for their overtime hours, the organization told the Detroit Free-Press. In Mississippi, the proposed thresholds represent dashed hopes and expectations for middle-class workers who need a raise, said Charles Lee, consumer protection director at the Mississippi Center for Justice, a non-profit advocacy organization based in Jackson. The new threshold “clearly” misses the mark when compared with the 2016 proposal, Lee said in an email. “The Labor Department should be defending the 2016 proposal instead of undertaking new rule making, if it wants to support the president’s promise to ‘make America great again.’”


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MBJ PERSPECTIVE April 12, 2019 • www.msbusiness.com • Page 5

» OTHER VIEWS

» THE OUTSIDE WORLD

Website: www.msbusiness.com April 12, 2019 Volume 41, Number 15

Special needs funding lacked transparency

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» INSIDE MISSISSIPPI

BECKY GILLETTE Contributing Writer mbj@msbusiness.com • 364-1018

Can lesser knowns keep favored candidates from saving us?

NASH NUNNERY Contributing Writer mbj@msbusiness.com • 364-1018 LISA MONTI Contributing Writer mbj@msbusiness.com • 364-1018 Subscription Services (601) 364-1000 subscriptions@msbusiness.com Mississippi Business Journal (USPS 000-222) is published weekly with one annual issue by MSBJ 132 Riverview Dr., Suite E, Flowood, MS 39232. Periodicals postage paid at Jackson, MS. Subscription rates: 1 year $109; 2 years $168; and 3 years $214. To place orders, temporarily stop service, change your address or inquire about billing: Phone: (601) 364-1000, Fax: (601) 364-1007, Email: charina.rhodes@msbusiness.com, Mail: MS Business Journal Subscription Services, 132 Riverview Dr., Suite E, Flowood, MS 39232 POSTMASTER: Send address changes to Mississippi Business Journal, Circulation Manager, 132 Riverview Dr., Suite E, Flowood, MS 39232 To submit subscription payments: Mail: MS Business Journal Subscriptions Services, 2132 Riverview Dr., Suite E, Flowood, MS 39232. No material in this publication may be reproduced in any form without the written consent. Editorial and advertising material contained in this publication is derived from sources considered to be reliable, but the publication cannot guarantee their accuracy. Nothing contained herein should be construed as a solicitation for the sale or purchase of any securities. It is the policy of this newspaper to employ people on the basis of their qualifications and with assurance of equal opportunity and treatment regardless of race, color, creed, sex, age, sexual orientation, religion, national origin or handicap. The Mississippi Business Journal, is an affiliate of Journal Publishing Company (JPC), Inc. Entire contents copyrighted © 2019 by Journal Inc. All rights reserved.

F

irst a correction. Last week I wrote there are 13 candidates for governor; instead there are 14. I left out Constitution Party candidate Bob Hickingbottom. My apologies. The Associated Press labeled most of these as “lesser known candidates.” While it is unlikely a lesser known candidate will win a party nomination, this is Mississippi where lesser knowns surprise us. Remember Thomas Carey? Carey was the Hernando retired Realtor and volunteer prison minister at Parchman who put his name on the 2014 primary ballot as a Republican candidate for U.S. senator. This lesser known candidate got only 4,854 votes out of 319,000, but his presence forced a runoff between Thad Cochran and Chris McDaniel, to McDaniel’s dismay. Could that happen again? Lt. Gov. Tate Reeves is the favorite, retired Supreme Court Chief Justice Bill Waller, Jr., is the challenger, and Hernando state Rep. Robert Foster is the lesser known candidate. As exhibited in the first Republican primary debate last week (skipped by Reeves), Foster is an attractive and articulate conservative candidate. He will likely win a lot more votes than Carey did, especially in his home DeSoto County, one of highest turnout counties for Repub-

licans. If Waller, who had an excellent debate, mounts a tight challenge to Reeves, Foster could force a runoff. Bill Crawford Then there is the Democratic primary. Attorney General Jim Hood is the favorite and Hinds County District Attorney Robert Shuler Smith is the key challenger with seven other lesser knowns on the ballot. Remember Robert Gray? He was the unknown African-American truck driver from Terry who came out of nowhere to upset favorite Vicki Slater, a white lawyer from Madison, for the Democratic nomination for governor four years ago. Smith and most of the Democratic candidates this year are African-American, while Hood is a white lawyer. Could history replay itself? If black voter turnout is high and white turnout low, Hood could face a runoff or worse. Still the lesser known candidates are unlikely to upend Reeves, Waller, and Hood. As for them, all three have plans to See CRAWFORD, Page 6

uring the final moments of the 2019 legislative session, legislative leaders slipped in language to allocate an additional $2 million to a state program that provides vouchers to special needs students. Rather than openly debate the expansion at some point during the three-month session, lawmakers hid the money in a budget bill for the Department of Finance and Administration. It will expand funding for the Education Scholarship Account program from $3 million to $5 million. Created in 2015, the program is designed to give parents of special needs children more options to meet the specific needs of their children. Those who have been in the public school system within the past five years are eligible to receive the $6,500 scholarship if they withdraw from their public school and enroll in another institution. During the 2018 fiscal year, 367 students participated in the Education Scholarship Account program and attended 96 nonpublic schools in Mississippi, Tennessee and online. Another 197 students were on the waiting list, as of June 2018. The program has been a controversial one. Supporters say it provides parents of special needs students an option to place their children in an educational setting that works best for them. Critics say the program isn’t the most effective way to help special needs students and that the program drains needed resources from the public school system. Regardless of how one feels about the program, there is a bigger issue at play in how the expansion funds were provided. We believe leaders should have presented the proposal in an open and honest manner and allowed for robust debate, rather than sneaking it under the radar at the 11th hour. In fact, most lawmakers were led to believe they had already settled the matter when they passed an education budget bill earlier in the session that kept funding for the scholarship program level at $3 million. Rep. Robert Johnson, D-Natchez, had specifically asked if there was additional money for the program when the education budget was presented and was told no, as reported by Mississippi Today. The added $2 million did not show up until a conference report, an agreement between House and Senate leaders, for the DFA budget bill. It was tucked into a list of almost 70 projects. Despite the knowledge that the ESA program was controversial, leaders did not alert members to the added funding. Many told Mississippi Today they were unaware of the $2 million surprise when they initially voted on the bill. Later efforts to remove the language were unsuccessful. Lt. Gov. Tate Reeves, a big proponent of the ESA program, said the extra funding would eliminate the waiting list of special needs students trying to get into private schools. However, if leaders believed so strongly in the merits of the program, they should have openly debated it in public. The method they chose feels sneaky and underhanded, as if lawmakers were trying to hide something. That should not be how good government operates.

— The Daily Journal


6 Q Mississippi Business Journal Q April 12, 2019 » RICKY NOBILE

CRAWFORD

Continued from, Page 5

save us. Reeves wants to save us from taxes and Washington liberalism. Hood wants to save us politically and spiritually. Waller wants to save us from irresponsible government. At this point in the campaign, it’s easy to envision Reeves as a tweetless mini-Trump with a dash of Betsy DeVos which appeals to many Republicans, Hood as a toned-down Billy Graham proselytizing us on family friendly issues, and Waller as a laidback, conservative William Winter running an issues-based, responsible government campaign. How will this play out? Let’s assume there are no lesser known candidate surprises. To win, Waller, a Baptist deacon, must activate statewide the same sort of grassroots coalitions that carried Baptist deacons Gregg Harper and Michael Guest to victory in their congressional races. Hood must grab a large share of white Christian conservatives and turn out a huge black vote in November. If neither happens, Reeves’ deep pockets and tax-cut agenda should carry him to victory. A Waller upset of Reeves would greatly dim Hood’s prospects. The wild cards for November are President Trump showing up to meddle in the campaign and the level of black voter turnout. But this is Mississippi, so who knows what will really happen. » Bill Crawford (crawfolk@gmail.com) is a syndicated columnist from Meridian.

» UNDER THE CAPITOL DOME

Some issues unsolved by lawmakers will be back

I

t’s hard to hear the sound of the dog that didn’t bark. In the same way, it’s hard to detect the impact of issues that lawmakers didn’t deal with. But as in any session, there were important issues on which the Mississippi Legislature didn’t make laws, or even really consider. This, for example, could have been the year for lawmakers to create a state public defender system. Right now, each county decides how to pay lawyers for people accused of crimes who can’t afford their own attorneys. A task force highlighted serious flaws in that system, including lawyers dependent on the favor of judges for their jobs, and lawyers who make too little money, creating incentives for them to neglect their clients. Public defender issues also loom large in a series of lawsuits brought against cities and counties for how they jail poor people, set unaffordable bails, and squeeze them for fine payments. The task force estimated it would have cost about $4 million to set up a statewide system that would parallel the district attorney’s office in each of the state’s 22 judicial circuits. But a bill to do so languished, even though there was money available for such a move this year. The problems remain an invitation to a statewide lawsuit, which is one way to force lawmakers’ hands. Some issues vanished this year because they were politically unpopular and could have threatened lawmakers’ chances of re-election. For example, many Republican leaders still dislike the Mississippi Adequate Education Program, the funding formula that determines how money is apportioned among school districts and is supposed to tell lawmakers how much money to put in. In 2018, Republican leaders made a serious run at replacing the formula, but lost when Democrats and some Republicans resisted, under heavy pressure from tradi-

Some issues vanished this year because they were politically unpopular and could have threatened lawmakers’ chances of re-election. tional public school supporters. The adequate education program is still deeply underfunded, though, with lawmakers shorting it about $250 million for the upcoming budget year. The rewrite debate also highlighted imbalances in how some parts of K-12 education are funded, including special education and career-technical education. An emboldened Republican majority could take another run at a rewrite if 2019 elections are favorable to them. However, state Senate Education Committee Chairman Gray Tollison, an Oxford Republican and key supporter of change, is retiring. His absence could matter.

Some other issues vanished in this election year because Republicans didn’t want to tinker with the machinery they rely on for re-election. Democratic state Sen. David Blount of Jackson made a convincing case that it’s extraordinarily difficult for Mississippi citizens temporarily outside the state Jeff Amy to vote by absentee ballot in runoff elections held three weeks after earlier votes. The easy fix would be to allow such voters to request a second absentee ballot with their first one, as overseas soldiers may. But nothing happened. Also stalled were initiatives to let people register to vote online, or to vote early without an excuse. It was clear there was strong interest this year in legalizing the growing of hemp, and also in allowing marijuana use for medical reasons. But Gov. Phil Bryant and some others were strongly opposed. That issue could force itself into view next year thanks to a well-funded ballot campaign to put a medical marijuana referendum on the ballot. Lawmakers could have to choose to offer alternate referendum language, or let the sponsors’ language go forward unchallenged. One legislative cliché is “We’ll be here next year.” There will be some different members under the Capitol dome in January 2020. But there will be someone there in those seats, and some of these issues will be back.

» Jeff Amy has covered politics and government for The Associated Press in Mississippi since 2011. Follow Jeff Amy him on Twitter at http:// twitter.com/jeffamy.


GOVERNMENT

Carmichael leaving State Senate at end of April A longtime state senator is leaving office early to serve on the Mississippi Community College Board. A state Senate news release Tuesday says Republican Sen. Videt Carmichaelof Meridian is stepping down April 30. He begins the next day as a member of the board that oversees two-year colleges. Republican Gov. Phil Bryant nominated Carmichael to the board for a term expiring June 30, 2024. Carmichael’s Senate colleagues confirmed him, and he didn’t vote on his own nomination. Carmichael is a retired educator and has served nearly 20 years in the Senate. Because he is leaving office in a general election year, the governor is not required to set a special election to fill the Senate seat. District 33 includes parts of Clarke and Lauderdale counties in eastern Mississippi.

EDUCATION

Mississippi school system spends $13M in savings in 4 years A northeast Mississippi school district is looking at spending cuts after burning through $13 million in savings in the last four years. The Commercial Dispatch reports the Lowndes County school district has been overspending revenue since at least 2014, with most of the money going to capital projects that Superintendent Lynn Wright says weren’t budgeted. The 5,500-student district expects a $2.5 million deficit in the budget ending June 30, projecting it will only have about $4 million in the bank by then. “We just spent more than we took in,” district Business Manager Kenneth Hughes said. “… This is the very last year we can do it.” Earlier this school year, cracks began to show in the district’s financial health when board members approved borrowing $2.5 million in November to make payroll, a loan paid back with property tax collections received in February. By late March, Wright was crafting a plan to save about $4.5 million in the budget beginning July 1, mostly by cutting 60 teaching positions districtwide. The school board’s first move was to decline to renew contracts for first-year teachers. The district hopes to rehire as many as possible to fill vacancies from resignations and retirements. The state recommends districts have at least 7.5% percent of its total revenue in reserves, commonly called a fund balance. With a $60 million operating budget, $4 million would at that threshold. Local policy calls for a 15% balance. Lowndes County hasn’t raised its property tax rate since 1999, even as it has run deficits while paying off $44 million that voters approved borrowing in 2015 at the rate of $3 million a year. Instead, the district has looked to new revenue from businesses that had received tax abatement deals. Property tax revenue has increased, climbing from $14.8 million in 2016-17 to $19.6 million in 2017-18

before dipping to $18.7 million in the current year. Some board members, like Brian Clark, are considering a tax increase as an option for next school year. “Taxpayers could likely see an increase,” Clark said. “But we have to look at the numbers come budget time.” However, property tax revenues are projected to rise over the next two years as more abatements expire. Wright hopes a combination of revenue increases and spending cuts can stop the bleeding.

April 12, 2019

AGRIBUSINESS

Settlement talks fail in soybean seed lawsuit in Tennessee Lawyers have failed to reach a settlement in a federal lawsuit claiming a soybean seed company purposely sold faulty seeds to black farmers in Mississippi. A court filing by attorneys for Stine Seed Co. says mediation talks did not lead to an agreement to settle

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the suit. U.S. District Judge John Fowlkes had set a Friday mediation deadline. The suit alleges Stine conspired with a seed salesman to sell defective seeds to the soybean farmers because they are black. The suit claims the good seeds the farmers thought they had bought from Stine were replaced by inferior seeds before delivery. Adel, Iowa-based Stine says discrimination and fraud allegations are baseless and irresponsible. Fowlkes has not ruled on a motion to dismiss the lawsuit. A court date has not been set.

— MBJ Staff & Wire Reports


8 Q Mississippi Business Journal Q April 12, 2019 HANCOCK COUNTY

Ocean Springs soap company expanding to Bay St. Louis By LISA MONTI mbj@msbusiness.com

Marina Cottage Soap Co. of Ocean Springs is expanding to Bay St. Louis. Owner Vanessa Mueller’s second store, at 111 Main St., is in the heart of downtown. It opened March 22 in the former spot of a gift shop that relocated elsewhere in Old Town’s retail and entertainment district. Mueller, a registered nurse, started creating natural skin-care products to help her young daughter’s skin problems. Since she opened the business in December 2012, sales of the soaps, gels, creams, lip balm and natural insect repellant have increased steadily. Marina Cottage’s handcrafted products have even been included in swag bags at the Oscars, Golden Globes and MTV Movie Award shows. The original location is at 1311 Government St. With the increase in sales in mind, Mueller said she’s toyed with the idea of expanding the business for about a year. She found a location available on Main Street, near other shops, galleries and restaurants, and thought Bay St. Louis would be “a perfect spot” to

branch out. Having locations in the two cities, which are both known for their arts and coastal culture, gives Marina Cottage Soap a “bookends” presence on opposite ends of the coast, she said. The new store will sell some products that are unique to Bay St. Louis, she said, including specially formulated scented products to reflect the beach resort lifestyle. There will be a full retail store in front plus about 1,700 square feet of space in back where customers can learn how to make lotions and other bath products while enjoying live music. “We can’t do that in Ocean Springs because of limited space,” she said. The venue will be available to host events such as birthday celebrations, date nights and girls night out, she said. “It’s open and airy and has an old industrial feel,” she said. She contributes the growth “to the fact that people are more aware and want natural alternatives as opposed to chemicals” in their skin care products. Good customer service also is a factor in developing customer loyalty. “We really work hard with our customers especially with skin issues,” she said. Educat-

Special to the MBJ

The latest Marina Cottage Soap Co. is located at 111 Main St. in Bay St. Louis

ing customers is important, she said, because people need to understand the importance of what products they’re putting on their skin. Mueller has chosen two nonprofits in Bay St. Louis - Ruth’s Roots and Starfish Cafe - as beneficiaries as a way of paying back for Marina Cottage’s good fortune. Ruth’s Roots is a community garden project that serves local youth enrichment. Starfish Cafe is a nonprofit restaurant that teaches students 18 and older hands-on training in restaurant, job, and life skills. “They are two very special places and we

want to do fundraising for them,” Mueller said. Marina Cottage Soap on Main Street in Bay St. Louis is open Tuesday through Saturday from 10 a.m. to 6 p.m.

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April 12, 2019

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THE SPIN CYCLE

Wegmans, Amazon have best corporate reputations

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rands must constantly polish their image and shine their reputations. And brands must be constantly vigilant to moves that can dent their identity. Just ask Facebook about what privacy concerns and unauthorized use of customer data can do, or Boeing about how a faulty computer system can wreck a reputation. One scandal, fraud or flaw can taint an image for years. Rebuilding trust can take decades. For the past 20 years, the Harris Poll Reputation Quotient has ranked the world’s most visible companies and organizations by reputation. The brands range from online retailers such as Amazon.com to shopping centers like Walmart; and from the massive U.S. government down to regional grocery chains like Publix. The annual poll asked respondents to rate each company based on six measures: social responsibility, products and service, emotional appeal, leadership, financial performance, and workplace environment. Grocery store and supermarket chains Wegmans and Publix enjoy good reputations because of their connections to the community and contributions to social causes. For consumer electronics companies Sony and Samsung, which also have solid brand identity, innovation is key. In the most recent Harris Poll ranking, companies with bad reputations were found in the financial services and telecommunications areas, and that has been typical in previous years. These companies were chided for bad service, not speedily addressing missteps, and failing to provide a supportive work environment. To determine America’s most and least reputable companies, 24/7 Wall St. reviewed reputation scores of the nation’s 100 most recognizable companies from the 2019 Harris Poll Reputation Quotient (RQ), produced by market research firm Harris Insights and Analytics. The study consists of two parts: a nominations stage in which consumers identify the nation’s most visible companies, followed by a ratings stage, in which each company’s reputation is measured on a scale of 0-100. Additional company information came from SEC filings and other publicly available documents. Top 5 Companies with the best reputations 5. The Walt Disney Company – The Walt Disney Company has one of the best reputations of any company. The media giant has businesses in TV, news, motion pictures, and theme parks, and is one of the most recognized brands in the world. Disney’s successful, and often innovative, for-

ays into multiple entertainment mediums keep it on the top shelf of great American companies. 4. L.L.Bean – L.L. Bean has built a reputation for making quality outdoor apparel and footwear products. And, the Freeport, Maine-based company has always been a highly regarded employer. 3. Patagonia – Patagonia, along with L.L. Bean, is one of two clothing companies to rank on this year’s list. Patagonia has reinforced its reputation on the quality of its apparel. The company guarantees the quality of all of its products and offers refunds, replacements, or repairs for customers who are not satisfied. 2. Amazon.com – E-commerce giant Amazon.com has continuously disrupted the retail landscape as it branched out from selling books online. Now, Amazon, with a market cap of more than $867 billion, competes against media companies such as Netflix, Internet search businesses like Google, and has gone up against Uber for on-demand transportation. 1. Wegmans – Wegmans has the best reputation of any company on the list, after finishing second last year. The supermarket chain has 98 stores in northeastern and mid-Atlantic states and employs about 49,000 people. Wegmans was cited for its high rankings in culture, ethics and citizenship categories in the Harris Poll. The chain is also recognized for hiring local residents. Wegmans has been named one of the 100 Best Companies to Work For by Fortune since the list was first introduced in 1998. Tune in next week for the companies with the worst reputations.

Wahoowa Mic | Virginia takes 1st National Championship Yes, Virginia, you are national champions! De’Andre Hunter looked NBAish as he and his resilient Cavalier teammates claimed the college national championship trophy, outlasting the tenacious Texas Tech Red Raiders in one of the most thrilling March Madness moments, 85-77 in overtime. It was a game of defensive giants, and who could outlast whom.

Just a year removed from the crushing loss to 16th-seed the University of Maryland, Baltimore County Retrievers in last year’s tourney first round – they were the first No. 1 seed to lose to a 16 – and yet they found a way to keep coming back against Tech. The Cavaliers saw a 10-point lead turn into a 3-point deficit before Hunter came to the rescue. The sophomore made the game-tying 3 with 12 seconds left in regulation, then made another with just over two minutes left in the extra period to give the Cavs the lead for good. Hunter finished with a career-high 27 points, and if he leaves to join the NBA draft – what a final exclamation point for his college days! Each of Virginia’s 34 wins leading to the final, and each of its three losses, were all punctuated by the reminder that only the end result would serve as the ultimate report card, whether the Cavs could notch an A+ in this final exam. The Cavaliers rose to the occasion, and by will, determination, grit – and yes, more than a slight nod from lady luck, took the throne as national champs. Perhaps it was the ice water cool and collected coach Tony Bennett, whose laser focus and poker face inspired his players. “I told them, I just want a chance at a title fight one day,” Virginia coach Tony Bennett told the Associated Press. “That’s all I want. You’re never alone in the hills and the valleys we faced in the last year.” And what can you say about the never-give-up Red Raiders? They never quit, even after falling behind by 10 twice in the game. Their vaunted D kept them in the game, kept them within reach. Led by a stagecoach full of future NBA stars, and the nation’s best defense, they nearly corralled the Cavaliers. In his post-game remarks, Red Raiders coach Chris Beard was the epitome of

grace, sportsmanship and resolve, paying the utmost of compliments to his players, and saying it was an honor to play Virginia. It’s that kind of sportsmanship, that kind of class, that kind of gentility that Todd Smith will etch this team into the history books. And they will be back. Both will be back. And could be taking the March dance – that pageantry that mesmerizes us all – to a new Texas two-step high! The Brandverse was also enthralled with March Madness, and created a bracket of their own to celebrate the season. PRWeek held a “One Shining Slogan” bracket – a fan inspired poll on the best ad campaigns. Throughout most of championship Monday, Nike’s Just Do It slogan was winning. But with a furious late rally, Got Milk? secured the victory and the title. Congrats to Goodby Silverstein & Partners, the creators of the campaign, and thanks to the thousands of fans who voted in this innovative poll! Each week, The Spin Cycle will bestow a Golden Mic Award to the person, group or company in the court of public opinion that best exemplifies the tenets of solid PR, marketing and advertising – and those who don’t. Stay tuned – and step-up to the mic! And remember … Amplify Your Brand!

Todd Smith is president and chief communications officer of Deane, Smith & Partners, a full-service branding, PR, marketing and advertising firm with offices in Jackson. The firm — based in Nashville, Tenn. — is also affiliated with Mad Genius. Contact him at todd@deanesmithpartners.com, and follow him @ spinsurgeon.

http://www.msbusiness.com

BANKS

Q Regions Bank.................................................................................................................. www.regions.com

HUMAN RESOURCES

Q People Lease.........................................................................................................www.peoplelease.com

INSURANCE AGENCIES

Q Account Services Group........................................................... www.accountservicesgroup.com

LAW FIRMS

Q Victor W. Carmody, Jr. P.A........................................................................... www.mississippidui.com

PAYROLL

Q People Lease.........................................................................................................www.peoplelease.com

SOCIAL MEDIA MANAGEMENT

Q Mansell Media.................................................................................................... www.mansellmedia.net

Have your business listed here! Contact your advertising representative at 601.364.1000


LEGAL NOTICE

To merchants who have accepted Visa and Mastercard at any time from January 1, 2004 to January 25, 2019: Notice of a class action settlement of approximately $5.54-6.24 Billion. Si desea leer este aviso en español, llámenos o visite nuestro sitio web, www.PaymentCardSettlement.com. Notice of a class action settlement authorized by the U.S. District Court, Eastern District of New York. This notice is authorized by the Court to inform you about an agreement to settle a class action lawsuit that may affect you. The lawsuit claims that Visa and Mastercard, separately, and together with certain banks, violated antitrust laws and caused merchants to pay excessive fees for accepting Visa and Mastercard credit and debit cards, including by: • Agreeing to set, apply, and enforce rules about merchant fees (called default interchange fees); • Limiting what merchants could do to encourage their customers to use other forms of payment; and • Continuing that conduct after Visa and Mastercard changed their corporate structures. The defendants say they have done nothing wrong. They say that their business practices are legal and the result of competition, and have benefitted merchants and consumers. The Court has not decided who is right because the parties agreed to a settlement. The Court has given preliminary approval to this settlement.

THE SETTLEMENT Under the settlement, Visa, Mastercard, and the bank defendants have agreed to provide approximately $6.24 billion in class settlement funds. Those funds are subject to a deduction to account for certain merchants that exclude themselves from the Rule 23(b)(3) Settlement Class, but in no event will the deduction be greater than $700 million. The net class settlement fund will be used to pay valid claims of merchants that accepted Visa or Mastercard credit or debit cards at any time between January 1, 2004 and January 25, 2019. This settlement creates the following Rule 23(b)(3) Settlement Class: All persons, businesses, and other entities that have accepted any VisaBranded Cards and/or Mastercard-Branded Cards in the United States at any time from January 1, 2004 to January 25, 2019, except that the Rule 23(b)(3) Settlement Class shall not include (a) the Dismissed Plaintiffs, (b) the United States government, (c) the named Defendants in this Action or their directors, officers, or members of their families, or (d) financial institutions that have issued Visa-Branded Cards or Mastercard-Branded Cards or acquired Visa-Branded Card transactions or Mastercard-Branded Card transactions at any time from January 1, 2004 to January 25, 2019. The Dismissed Plaintiffs are plaintiffs that previously settled and dismissed their own lawsuit against a Defendant, and entities related to those plaintiffs. If you are uncertain about whether you may be a Dismissed Plaintiff, you should call 1-800-625-6440 or visit www.PaymentCardSettlement.com for more information.

WHAT MERCHANTS WILL GET FROM THE SETTLEMENT Every merchant in the Rule 23(b)(3) Settlement Class that does not exclude itself from the class by the deadline described below and files a valid claim will get money from the class settlement fund. The value of each claim will be based on the actual or estimated interchange fees attributable to the merchant’s Mastercard and Visa payment card transactions from January 1, 2004 to January 25, 2019. Pro rata

payments to merchants who file valid claims for a portion of the class settlement fund will be based on: • The amount in the class settlement fund after the deductions described below, • The deduction to account for certain merchants who exclude themselves from the class, • Deductions for the cost of settlement administration and notice, applicable taxes on the settlement fund and any other related tax expenses, money awarded to the Rule 23(b)(3) Class Plaintiffs for their service on behalf of the Class, and attorneys’ fees and expenses, all as approved by the Court, and • The total dollar value of all valid claims filed. Attorneys’ fees and expenses and service awards for the Rule 23(b)(3) Class Plaintiffs: For work done through final approval of the settlement by the district court, Rule 23(b)(3) Class Counsel will ask the Court for attorneys’ fees in an amount that is a reasonable proportion of the class settlement fund, not to exceed 10% of the class settlement fund, to compensate all of the lawyers and their law firms that have worked on the class case. For additional work to administer the settlement, distribute the funds, and litigate any appeals, Rule 23(b)(3) Class Counsel may seek reimbursement at their normal hourly rates. Rule 23(b)(3) Class Counsel will also request (i) an award of their litigation expenses (not including the administrative costs of settlement or notice), not to exceed $40 million and (ii) up to $250,000 per each of the eight Rule 23(b)(3) Class Plaintiffs in service awards for their efforts on behalf of the Rule 23(b)(3) Settlement Class.

HOW

TO ASK FOR PAYMENT To receive payment, merchants must fill out a claim form. If the Court finally approves the settlement, and you do not exclude yourself from the Rule 23(b)(3) Settlement Class, you will receive a claim form in the mail or by email. Or you may ask for one at: www.PaymentCardSettlement.com, or call: 1-800-625-6440.

LEGAL RIGHTS

AND OPTIONS Merchants who are included in this lawsuit have the legal rights and options explained below. You may: • File a claim to ask for payment. Once you receive a claim form, you can submit it via mail or email, or may file it online at www.PaymentCardSettlement.com. • Exclude yourself from the Rule 23(b)(3) Settlement Class. If you exclude yourself, you can individually sue the Defendants on your own at your own expense, if you want to. If you exclude yourself, you will not get any money from this settlement. If you are a merchant and wish to exclude yourself, you must make a written request, place it in an envelope, and mail it with postage prepaid and postmarked no later than July 23, 2019, or send it by overnight delivery shown as sent by July 23, 2019, to Class Administrator, Payment Card Interchange Fee Settlement, P.O. Box 2530, Portland, OR 97208-2530. Your written request must be signed by a person authorized to do so and provide all of the following information: (1) the words “In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation,” (2) your full name, address, telephone number, and taxpayer identification number,

www.PaymentCardSettlement.com


(3) the merchant that wishes to be excluded from the Rule 23(b)(3) Settlement Class, and what position or authority you have to exclude the merchant, and (4) the business names, brand names, “doing business as” names, taxpayer identification number(s), and addresses of any stores or sales locations whose sales the merchant desires to be excluded. You also are requested to provide for each such business or brand name, if reasonably available: the legal name of any parent (if applicable), dates Visa or Mastercard card acceptance began (if after January 1, 2004) and ended (if prior to January 25, 2019), names of all banks that acquired the Visa or Mastercard card transactions, and acquiring merchant ID(s). • Object to the settlement. The deadline to object is July 23, 2019. To learn how to object, visit www.PaymentCardSettlement.com or call 1-800-625-6440. Note: If you exclude yourself from the Rule 23(b)(3) Settlement Class you cannot object to the settlement. For more information about these rights and options, visit: www.PaymentCardSettlement.com.

IF

COURT APPROVES FINAL SETTLEMENT

THE

THE

Members of the Rule 23(b)(3) Settlement Class who do not exclude themselves by the deadline will be bound by the terms of this settlement, including the release of claims against the released parties provided in the settlement agreement, whether or not the members file a claim for payment. The settlement will resolve and release claims by class members for monetary compensation or injunctive relief against Visa, Mastercard, or other defendants. The release bars the following claims: • Claims based on conduct and rules that were alleged or raised in the litigation, or that could have been alleged or raised in the litigation relating to its subject matter. This includes any claims based on interchange fees, network fees, merchant discount fees, no-surcharge rules, no-discounting rules, honor-all-cards rules, and certain other conduct and rules. These claims are released if they already have accrued or accrue in the future up to five years following the court’s approval of the settlement and the resolution of all appeals. • Claims based on rules in the future that are substantially similar to – i.e., do not change substantively the nature of – the abovementioned rules as they existed as of preliminary approval of the settlement. These claims based on future substantially similar rules are released if they accrue up to five years following the court’s approval of the settlement and the resolution of all appeals. The settlement’s resolution and release of these claims is intended to be consistent with and no broader than federal law on the identical factual predicate doctrine. The release does not extinguish the following claims: • Claims based on conduct or rules that could not have been alleged or raised in the litigation. • Claims based on future rules that are not substantially similar to rules that were or could have been alleged or raised in the litigation. • Any claims that accrue more than five years after the court’s approval of the settlement and the resolution of any appeals. The release also will have the effect of extinguishing all similar or overlapping claims in any other actions, including but not limited to the claims asserted in a California state court class action brought on behalf of California citizen merchants and captioned Nuts for Candy v. Visa, Inc., et al., No. 17-01482 (San Mateo County Superior Court). Pursuant to an agreement between the parties in Nuts for Candy, subject to and upon final approval of the settlement of the Rule 23(b) (3) Settlement Class, the plaintiff in Nuts for Candy will request that

the California state court dismiss the Nuts for Candy action. Plaintiff’s counsel in Nuts for Candy may seek an award in Nuts for Candy of attorneys’ fees not to exceed $6,226,640.00 and expenses not to exceed $493,697.56. Any fees or expenses awarded in Nuts for Candy will be separately funded and will not reduce the settlement funds available to members of the Rule 23(b)(3) Settlement Class. The release does not bar the injunctive relief claims or the declaratory relief claims that are a predicate for the injunctive relief claims asserted in the pending proposed Rule 23(b)(2) class action captioned Barry’s Cut Rate Stores, Inc., et. al. v. Visa, Inc., et al., MDL No. 1720, Docket No. 05-md-01720-MKB-JO (“Barry’s”). Injunctive relief claims are claims to prohibit or require certain conduct. They do not include claims for payment of money, such as damages, restitution, or disgorgement. As to all such claims for declaratory or injunctive relief in Barry’s, merchants will retain all rights pursuant to Rule 23 of the Federal Rules of Civil Procedure which they have as a named representative plaintiff or absent class member in Barry’s, except that merchants remaining in the Rule 23(b)(3) Settlement Class will release their right to initiate a new and separate action for the period up to five (5) years following the court’s approval of the settlement and the exhaustion of appeals. The release also does not bar certain claims asserted in the class action captioned B&R Supermarket, Inc., et al. v. Visa, Inc., et al., No. 17CV-02738 (E.D.N.Y.), or claims based on certain standard commercial disputes arising in the ordinary course of business. For more information on the release, see the full mailed Notice to Rule 23(b)(3) Settlement Class Members and the settlement agreement at: www.PaymentCardSettlement.com.

THE COURT HEARING ABOUT THIS SETTLEMENT On November 7, 2019, there will be a Court hearing to decide whether to approve the proposed settlement. The hearing also will address the Rule 23(b)(3) Class Counsel’s requests for attorneys’ fees and expenses, and awards for the Rule 23(b)(3) Class Plaintiffs for their representation of merchants in MDL 1720, which culminated in the settlement agreement. The hearing will take place at: United States District Court for the Eastern District of New York 225 Cadman Plaza Brooklyn, NY 11201 You do not have to go to the Court hearing or hire an attorney. But you can if you want to, at your own cost. The Court has appointed the law firms of Robins Kaplan LLP, Berger Montague PC, and Robbins Geller Rudman & Dowd LLP as Rule 23(b)(3) Class Counsel to represent the Rule 23(b)(3) Settlement Class.

QUESTIONS? For more information about this case (In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, MDL 1720), you may: Call toll-free: 1-800-625-6440 Visit: www.PaymentCardSettlement.com Write to the Class Administrator: Payment Card Interchange Fee Settlement P.O. Box 2530 Portland, OR 97208-2530 Email: info@PaymentCardSettlement.com Please check www.PaymentCardSettlement.com for any updates relating to the settlement or the settlement approval process.

1-800-625-6440 • info@PaymentCardSettlement.com


April 12, 2019 • MISSISSIPPI BUSINESS JOURNAL • www.msbusiness.com

AN MBJ FOCUS: Health Care

Mississippi homes in on strategies to increase number of physicians the state By BECKY GILLETTE mbj@msbusiness.com The shortage of physicians is an issue across the United States., but it is particularly acute in Mississippi, which ranks 50th in the country in access to active physicians per capita. But a number of different efforts are underway to increase the number of physicians in the state. One simple action is that the state got rid of some of the unnecessary burdens to getting a license to practice medicine in the state, making it easier to recruit physicians from out of state, said Dr. Claude Brunson, who is retiring as a professor at the University of Mississippi Medical Center (UMMC) School of Medicine and taking over as executive director of the Mississippi State Medical Association. Brunson said the biggest positive step to increasing the number of physicians in Mississippi has been the construction of new medical school facilities in Jackson that allowed the School of Medicine to increase the number of students in a

class from 150 per year up to 165 students. “We built a new medical school that is one of the best in the country now,” Brunson said. “We will exceed producing 1,000 physicians by 2025. One other thing we have done working with the governor and the legislature Brunson is start another medical school that trains Doctors of Osteopathic Medicine that has increased fairly significantly the output of medical students across the state. The William Carey University of School of Osteopathic Medicine graduated their first class two years ago. The graduation of their third class is coming up.” William Carey is graduating about 100 medical school students per year. While great process has been made, Brunson said since the state is so far behind, it will take awhile to catch up. It takes eight to 15 years to get a physician trained and out in practice.

“We are on the right path,” Brunson said. “There is a delay because of the time it takes to get through medical school into practice.” Brunson said the support of Gov. Phil Bryant and the Mississippi Legislature has been critical. He also said they have had a lot of help from the Mississippi State Medical Association working with UMMC to develop and find funding for the rural physician scholarship program. Participants get four years of medical school paid for in return for agreeing to spend four years practicing in the state, generally outside the largest cities in the state. The scholarships are for primary medicine, pediatrics, internal medicine and OB-GYN. This year the legislature has added an additional scholarship for psychiatry. Some states have relied heavily on foreign trained physicians to meet gaps in coverage. Foreign physicians are required to do residency training in the U.S. Brunson said as the number See PHYSICIANS, Page 15


Health Care

April 12, 2019

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Health Care

14 Q Mississippi Business Journal Q April 12, 2019

Moore worked way to top By NASH NUNNERY mbj@msbusiness.com

Timothy H. Moore literally built his health-care career from the ground up. Now the chief executive officer and president of the Mississippi Hospital Association, the Scott County native’s first job in the industry was as an orderly at Meridian’s Rush Hospital. Over the years, the 54-year old Moore worked his way into the ranks of hospital administration by excelling at a variety of hospital jobs. Whether transporting ambulatory patients, working in human resources, taking xX-rays or serving as CEO of a large hospital, the affable Moore has maintained one philosophy – how does it affect the patient? “Quite frankly, I never had aspirations to become the CEO of the Mississippi Hospital Association,” he said. “I’ve always been engaged with the MHA, especially when I was in administration at North Mississippi Medical Center and Greenwood-Leflore Hospital. But the opportunity to make a difference in 82 counties and even nationally drove me to take the job.

“Again, it goes back to ‘how does it affect the patient?’ and ‘What’s best for the patient?’.” A statewide trade organization, the Mississippi Hospital Association serves and represents over 100 Mississippi hospitals. Founded in 1931, MHA provides education and services for health care leaders and is a source of information for health care issues and trends. Leading the MHA is the “best job I’ve ever had”, said Moore, who oversees 58 employees. “My focus is on providing leadership and offering solutions to issues that affect our members,” he said. “Of course, our number one priority is advocacy. We take a pro-active stance when members bring issues to the table. Solving one issue for one member will solve it for all.” In addition to advocacy, the MHA espouses education and training. According to Moore, the organization hosts 130 training sessions annually, with many of those conducted in a virtual classroom at the MHA’s Madison campus. In today’s ever-changing health-care world, hospitals and their administrators face several challenges, including

insurance claim reimbursement, staffing and governmental regulations. “The list (of challenges) is a mile long,” Moore said. “Staffing is a huge issue, especially in the state’s rural areas. And, the staffing challenge is Moore across the board – there are simply not enough doctors and nurses to go around.” Compliance and regulation matters also present multiple challenges, he said, adding that roughly half of most hospital staffs today consist of non-medical personnel. “The regulatory burden placed on (hospital) administrators is worrisome. We want to find ways to lessen that burden,” Moore said. “Non-medical staff shouldn’t make up 50 percent of a hospital’s (employment roster).” Moore, who assumed the MHA reins in September 2013, also stays involved outside the organization. He currently serves as national chairman to the State Hospital Association’s executive forum and is a member of the Office of the Mississippi Physician Workforce advisory board,

Mental Health Task Force and the South Central Telehealth advisory committee. As a young teenager, Moore had dreams of becoming an architect. He’d while away hour upon hour at the family dining table sketching drawings of houses he envisioned building one day. “Architecture and construction always intrigued me,” he said. Moore credits a ‘smorgasbord’ of mentors that have helped mold his leadership style. “I was fortunate to have several good (mentors) and I learned something from all of them,” said Moore. “There isn’t one style that is right or wrong. One thing I’ve tried to do is not be a micro-manager. Listening to the folks around you is so important. “Get out of their way and let them do their jobs.” Despite the demands of his job, Moore isn’t opposed to enjoying life away from the board room. He relishes weekend jaunts to his 300acre farm in Pea Ridge, a tiny speck on the Mississippi map in northern Scott County. An avid wing shooter, Moore is happiest sitting on his tractor planting soybeans or corn that serve as wildlife food plots. “Though I haven’t lived there since I left home for college at 17, I love Pea Ridge and the slower pace,” he said. “Sitting on a tractor or bulldozer for five hours working the land is my idea of a good time.”

Courtesy of Memorial Hospital

Dr. Summer Allen, Memorial Pulmonologist, uses revolutionary new technology to diagnose lung cancer earlier and safer.

MEMORIAL HOSPITAL TO USE INNOVATIVE TECHNOLOGY FOR LUNG CANCER DIAGNOSIS By MBJ Staff Memorial Hospital at Gulfport is proud to be the first in Mississippi to offer the newest innovation to help fight lung cancer. The Auris Health’s Monarch™ Platform can view the inside of the lungs and obtain a tissue sample for biopsy, with more-accurate diagnosis of small and hard-to-reach nodules in the periphery of the lung. This new technology integrates the latest advancements in robotics, software, data science, and endoscopy (the use of small cameras and tools to enter the body through its natural openings). The platform utilizes a controller-like interface that physicians use to navigate the flexible robotic endoscope to the See MEMORIAL, Page 15


Health Care PHYSICIANS Continued from Page 12

of medical students in Mississippi has increased, the number of residency slots for foreign doctors has decreased. But with the amount of resources the state puts into training doctors, Brunson said it is important to being committed to providing residencies that give them the rest of the training they need to go out and practice. “We do have commitment to students to find them residencies,” he said. When advocating for more resources for physician training, Brunson points to the importance of health care as an economic driver. “We know that for each physician we put out in the state, there is $1.8 million economic impact in that community including new jobs,” Brunson said. “That doesn’t include ancillary positions outside. Annually health care has a $8.2 billion impact per year in Mississippi. We get about $313 million in state and local taxes for health-care services. Increasing the number of physicians is a great investment for the state, and makes us an inviting state for folks to come to.” Increasing the number of residencies available so medical school graduates can complete their training in state is a critical factor in alleviating the physician shortages, said Dr. John R. Mitchell, director of

the Office of Mississippi Physician Workforce, who is also an associate professor of family medicine at UMMC. Mitchell said hospitals in Hattiesburg, Meridian, Columbus, Tupelo and Corinth are now providing residencies to medical students. Efforts are underway to develop residencies in Oxford, Greenville and Gulfport. “Unless we can develop training positions, they will likely go elsewhere to practice,” Mitchell said. “Statistically speaking, about 60 percent of residents will stay to practice within a 100-mile radius of where they trained. Most who are trained will practice even closer than that.

April 12, 2019

We’ve approached it from the standpoint of training and retaining, which is pretty much the way other states are approaching it. We want to do it better than others states so we will get more physicians to stay in our area.” It is important to look not just at how many physicians there are per capita, but how they are distributed. Like other states, Mississippi has a maldistribution of physicians with more choosing to locate in urban areas. “We know the Mississippi Delta, in particular, has a great need,” Mitchell said. “It is also important to look at the age of the

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Mississippi Business Journal

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Because there’s Merit in, “Location. Location...” No matter where you are, chances are one of our hospitals or practices is just down the road or around the corner. We’re Merit Health. Nine hospitals. Over 100 affiliated practices. All working toward one goal: your health. Find out more at MyMeritHealth.com. Merit Health Biloxi Merit Health Central Merit Health Madison Merit Health Natchez Merit Health Rankin

Merit Health River Oaks Merit Health River Region Merit Health Wesley Merit Health Woman’s Hospital

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existing physician workforce. Some areas have a lot of physicians nearing retirement age. There are areas very sufficiently covered today that might not be covered in five years or less. We are working with Mississippi State Board of Medical Licensure to determine how many are nearing retirement age and how many are planning to retire soon. If doctors are 65, you don’t know if they are going to retire or not unless you ask. We are trying to build a more robust data base to get a better prognosis.”

MEMORIAL periphery of the lung with improved reach, vision, and control. Combining traditional endoscopic views into the lung with computer-assisted navigation based on 3-D models of the patient’s own lung anatomy, the platform provides physicians with continuous bronchoscope vision throughout the entire procedure. “The Monarch Platform provides improved reach, vision and control for bronchoscopic procedures, thus allowing us to make a diagnosis earlier and safer,” said Summer Allen, MD, Pulmonologist. “We are excited about this revolutionary new technology and what it will offer in the fight against lung cancer.” Specializing in pulmonology diseases, Memorial physicians Allen and Joseph Bosarge, MD are board certified in critical care medicine, internal medicine, and pulmonology disease, will utilize the Monarch Platform. More than 90 percent of people diagnosed with lung cancer do not survive the disease, in part because it is often found at an advanced stage. There are a variety of diagnostic options currently available for lung cancer, but all have limitations in accuracy, safety, or invasiveness. These limitations can lead to false positives, false negatives, or side effects such as pneumothorax (collapsed lung) and hemorrhage, which may increase health-care costs and extend hospital stays.

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Over 100 Practices. Nine Hospitals. One Goal. Your Health. MyMeritHealth.com


Newsmakers

16 Q Mississippi Business Journal Q April 12, 2019

Merit Health welcomes Terica Lomax Merit Health Medical Group has added Terica Lomax, NP-C, family medicine provider, to its staff. Lomax holds her bachelor’s degree in nursing from Howard University in the District of Columbia. She holds her master’s degree in nursing from the Lomax University of Mississippi Medical Center in Jackson. Lomax specializes in primary care and can treat everything from minor emergencies to chronic disease management and preventive care.

The First promotes Brian Aehnlich Brian Aehnlich has been promoted to senior vice president, specialized lending for The First, A National Banking Association located in Hattiesburg. He currently resides in Hattiesburg with his wife of 31 years, Bridgett. They have three children, Amy, Paul, and Jessica – along with four granddaughters, Anna Grace, Aehnlich Mila Wilder, Everly Rose and Lillian Sloan Murr. Aehnlich is a graduate of Auburn University-Montgomery where he earned his Bachelors of Science Degree in Accounting. In Aehnlich’s spare time, he enjoys reading and visiting with his Granddaughters as well as being a member of First Presbyterian Church of Hattiesburg. Aehnlich started his 33-year banking career in Montgomery, Ala., traveled on to Gulfport, Laurel, and has now settled in Hattiesburg. Prior to his banking career, Aehnlich worked for the state of Alabama Revenue Department, Corporate Income Tax Division. What he enjoys most about his current position is getting to know and build relationships with his clients.

Johnny Edwards joins Neel-Schaffer Neel-Schaffer, Inc., has announced that Johnny Edwards, PE, has joined the firm and will serve as a Senior Project Engineer to assist in Neel-Schaffer’s Solid Waste Engineering practice. Edwards has more than 20 years of experience in solid waste engineering design and Edwards management. He joined Neel-Schaffer after working the last 11 years for Seminole County, Flo., where he rose to be the manager of the Solid Waste Management Division, and most recently served for two years as Engineer Manager for the Utility Engineering Division of the Environmental Services Department. As the manager of the Solid Waste Management Division, his responsibilities included daily oversight of the solid waste management operations and staff, negotiations with municipalities and haulers, setting

annual budgets, and managing the capital improvement program. Prior to joining Seminole County, Edwards gained solid waste facility design and permitting experience with another local consulting firm. He began his engineering career working for three years as a solid waste facility permitting and compliance officer with Florida Department of Environmental Protection. Edwards will be based in Neel-Schaffer’s Maitland office and provide services for clients across Central Florida. Edwards is a licensed Professional Engineer in Florida. He holds a Master of Engineering degree and a Bachelor of Science in Environmental Engineering, both from the University of Florida.

St. Dominic earns Outstanding Achievement Award for cancer care St. Dominic Hospital was awarded the 2018 Outstanding Achievement Award by the Commission on Cancer of the American College of Surgeons. St. Dominic’s is one of a select group of 24 accredited cancer programs in the United States to receive this national honor for cancer surveys performed in 2018. St. Dominic’s also received the three-year accreditation for the 2009 and 2014 surveys.

Southern AgCredit hires Wesley Head Southern AgCredit, a rural lending cooperative, hired Wesley Head as information technology specialist in its administrative office in Ridgeland. Head graduated magna cum laude from Mississippi State University. Prior to joining the co-op, he owned and operated his family technology company, Head Head Technology Group Inc. He and his wife live in Canton with their five children.

Merit Health welcomes Fidel Sendra Merit Health Medical Group has added Fidel Sendra, MD, cardiovascular and thoracic surgeon, to its active medical staff. Sendra joins the current Merit Health Medical Group cardiovascular team in both Jackson and Vicksburg. Sendra performs all aspects Sendra of adult cardiac and thoracic surgery, including cardiac stents, angioplasty and bi-pass operations. Sendra received his medical degree from the New York University School of Medicine. He completed residencies at Yale New Haven Hospital, Saint Raphael, in New Haven, Conn., The University of South Alabama in Mobile, Ala. and UMDNJ-Robert Wood Johnson University Hospital in New Brunswick, N.J. Sendra also holds his bachelor of arts degree in molecular biology and biochemistry from Wesleyan University in Middletown, Conn.

Entergy announces new customer service leaders

Lynn Phillips-Gaines ranked among Forbes Best-in-State

Several Entergy Mississippi employees will fill roles with the company: Jeanine Brooks, senior manager of distribution operations, southern region. A native of Brandon, Brooks began her career with Entergy Mississippi in 1989 and has served as construction manager since 2016. She has held roles in several departments, including the customer contact center and distribution operations, In her tenure with the company, Brooks’ work has included customer issues resolution, design, reliability, distribution line supervision, safety and project management. She earned a bachelor’s degree in business administration from Mississippi College in 2015. Martin McGee, manager, customer service support. McGee has more than 31 years of experience with Entergy. He has been a supervisor in several roles in the company, from engineering to the customer service center. McGee also experience in engineering design, customer service account management, rate schedules, contractor oversight, reliability, project management and customer service policy application to the position. He has a Bachelor of Science in electrical engineering from Mississippi State University. Robbie Kemp, customer service representative, Madison County. Kemp joined Entergy in 1986 as a marketing representative, served in the design and credit and collections departments, and has held many different roles within the customer service organization. She holds a Bachelor of Science in business administration from the University of Southern Mississippi and a master’s degree in organization and management from Capella University. Tammy Rankin, customer service representative, Clinton. Rankin joined Entergy in 1995 and has served in numerous roles in customer service, distribution, and credit and collections. She holds an undergraduate degree in psychology and a master’s degree in management in business from Belhaven University. Rankin is pursuing a doctoral degree in business management with an emphasis in human resource.

Lynn Phillips-Gaines, a certified financial planner at Phillips Financial and financial adviser with Raymond James, in Starkville was recently named to Forbes 2019 Best-In-State Wealth Advisors List for the second consecutive year. The list spotlights top-performing advisors across the United States who were nominated by their firms and then researched, interviewed, and ranked in their respective states.

Reeves joins Peoples Bank Ryan Reeves has joined Peoples Bank and will serve as vice president and small business administration development officer. While based in Richland, Reeves is expected to work with customers all over the state and surrounding areas. Ryan is a 2008 graduate of Reeves East Central Community College, where he earned an Associates degree in Business, and a 2010 graduate of Mississippi State University where he earned his Bachelor of Business Administration degree. In 2015, Reeves completed studies at the Mississippi School of Banking, conducted at the University of Mississippi. Reeves had been affiliated with Community Bank of Mississippi, Forest, prior to joining Peoples Bank.

The First promotes Eric Waldron The First has announced the promotion of Eric Waldron to Mississippi Region President for The First, A National Banking Association located in Hattiesburg. He is the former Northern Region President for The First. Eric lives in Hattiesburg with his wife Tracey. Eric and Tracey have three children and their first grandchild Waldron due in March. Eric was born in Dyersburg, Tenn., where he graduated high school – then moved to Hattiesburg to attend the University of Southern Mississippi. He earned his BSBA in Accounting from the University, as well as his Master of Professional Accounting. Eric is a graduate of the LSU Graduate School of Banking. Eric and his family attend Heritage United Methodist Church.

Renasant names Haney associate managing director Renasant announced the promotion of Sarah Haney to associate managing director in its Private Client Group. Haney joined Renasant in 2017 as assistant relationship manager. “Sarah is an emerging leader at Renasant Bank. We are excited to see her moving forward as an Associate Managing Director for the Private Client group here in the Memphis market. Sarah has been such an asset since she joined the team. We look forward to seeing her continue to grow within Renasant,” says Billie Jo Parker, Senior Managing Director of Private Client Experience and Operation in Memphis. Haney has a Bachelor of Science degree in Marketing from the University of Tulsa. She is a member of the Tennessee Bankers Association and Chi Omega Alumni. In Memphis, Haney volunteers with Su Casa Ministries and is a member of Harvest Church.

Anderson appointed to customer relations at TEC TEC is announced the appointment of Druezilla Anderson as Customer Relations Representative at TEC of Jackson, Inc. Anderson will be responsible for assisting with promoting, marketing, selling and supporting of TEC products and services. Anderson resides in Jackson with her husband, Derrick. Anderson has two daughters, Tamica and Kimberly, son, Darius and 9 grandchildren.


Newsmakers Bertschler joins Merit Health in Byram Merit Health Medical Group has added Erica Bertschler, CFNP, to its allied health staff in Byram. Erica holds her master of science degree in nursing from the Mississippi University for Women in Columbus. Additionally, she holds her bachelor of science degree in nursing from Delta State University in Cleveland.

April 12, 2019

Memorial names 4th quarter 2018 STAR recipients

Bertschler

Mississippi Business Journal

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Point NAACP Branch. Keeton currently works as a Finance Manager at Steps Coalition, where he oversees all fiscal affairs, budget development, and payroll. Over his career, Keeton has worked for Bank of New York Mellon, the U.S. Department of Treasury, and the Federal Deposit Insurance Corporation (FDIC). Keeton is a graduate of the Mississippi Black Leadership Institute (MBLI). Keeton graduated from Jackson State University earning his degree in Accounting. In 2016, Keeton was recognized as one of Mississippi’s Top 50 Under 40 by the Mississippi Business Journal.

Women’s Foundation of Mississippi adds four to board of directors

Carrington selected for Leadership Council Butler Snow has announced Kathleen Ingram Carrington has been selected to participate in the Leadership Council on Legal Diversity (LCLD)’s fellows program. Carrington is the third Butler Snow attorney in as many years to be chosen as a fellow for the program. Carrington LCLD is an organization of more than 300 corporate chief legal officers and law firm managing partners who have dedicated themselves to creating a truly diverse U.S. legal profession. The organization carries out its mission by implementing action programs designed to attract, inspire and nurture diverse talent within their member organizations, thereby helping a new and more diverse generation of attorneys ascend to leadership positions. Launched in 2011, LCLD’s fellows program selects high-potential, mid-career attorneys from diverse backgrounds and sets them on the path to leadership of their organizations. Participants will embark on a year-long professional development regimen that includes in-person conferences, training in the fine points of legal practice, peer-group projects to foster collaboration and building relationships and extensive contact with LCLD’s top leadership. Carrington is a member of Butler Snow’s product liability and appellate and written advocacy practice groups, focusing her practice on personal injury and product liability litigation related to recalled products and allegations of product defect. She frequently represents clients locally, regionally, and nationally in areas of recreational vehicles, industrial machinery, and automobiles in product liability and personal injury defense cases. Carrington is a member of the American Bar Association, Capital Area Bar Association, The Mississippi Bar, Jackson Young Lawyers, the Mississippi Defense Lawyers Association, the Mississippi Women Lawyers Association, the Defense Research Institute (DRI) and the Charles Clark Chapter of the American Inns of Court. She has spoken at multiple DRI product liability seminars and served in leadership positions for various subcommittees. Carrington received her bachelor’s degree from Louisiana State University and her Juris Doctor, magna cum laude, from the University of Mississippi. Butler Snow’s first fellow Gadson William (Will) Perry, a member of the firm’s commercial litigation group, was part of the 2017 class. Ashley N. Wicks was the firm’s second fellow in LCLD’s 2018 class. Wicks focuses her practice on public finance and tax-related issues.

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Courtesy of Memorial Hospital

Memorial Hospital at Gulfport has named the recipients of the Fourth Quarter 2018 Star awards, which recognize customer service. The recipients are, from left, seated, George Shrout, Security; Dawn Harris, Emergency Services; Rita Darden, Supply Chain and Distribution. Standing: Trisha Watts, Cardiac Cath Lab; Courtney Turner, Cardiology; and Michael Mallette, Professional Development.

Mississippi Road Builders elect members The Mississippi Road Builders Association elected members to a 3 year term. Dwayne Boyd, APAC – Mississippi, (Jackson); Michael Burroughs, Burroughs Diesel, (Laurel); Tracy Clark, Riverside Traffic Systems, (New Albany); Richard McCool, J.L. McCool Contractors, (Pascagoula); Rick Webster, Key, LLC (Madison). Steven Warren, Warren Paving serves as President. Hunter Fordice, Fordice Construction Company serves as 1st Vice President. Clint Estess, Dickerson & Bowen serves as 2nd Vice President. Cindy Warner, American Field Service Corp. serves as Secretary Treasurer. Joe Lauderdale, Sunbelt Sealing serves as Past President. Board members are Terry Ausbern, Ausbern Construction Company (Okolona); Bill Blain, W.E. Blain & Sons (Mt. Olive); Lee Carson, N.L. Carson Construction (Carthage); Bradley Coker, Falcon Contracting Company (Columbus); Michael Ellis, Lehman-Roberts Company (Batesville); Harold Hammett, Hammett Gravel Company (Lexington); John Lyle, Lyle Machinery Company (Jackson); Hastings Puckett, Puckett Machinery (Flowood). Mike Pepper serves as the Association’s Executive Director.

Graves named 2019 YG&E Leader of the Year Bradley Arant Boult Cummings LLP has announced that Tiffany M. Graves, Bradley’s pro bono counsel, has been named the 2019 Young, Gifted & Empowered Awards (YG&E) Leader of the Year. Started in 2015, the YG&E honors young professionals from Mississippi who positively impact their communities, state and the world. Created in response to negative portrayal of African Americans in the media, YG&E shares the stories of those who are change agents among young professionals in the areas of leadership, education, arts, philanthropy, innovation and business. Graves oversees the development and administration of Bradley’s pro bono programs. Previously, she

served as executive director of the Mississippi Access to Justice Commission, for which she promoted initiatives to improve and expand access to civil justice to the nearly 700,000 Mississippians living in poverty. Graves also formerly served as interim director and adjunct professor for the Pro Bono Initiative at the University of Mississippi School of Law, and as executive director and general counsel for the Mississippi Volunteer Lawyers Project. Graves also is active with numerous professional and community organizations and activities including the Mississippi Commission on the Status of Women and the Community Advisory Board of the MIND Center at the University of Mississippi Medical Center. She is a Fellow of the American Bar Foundation and an Inaugural Fellow of the W.K. Kellogg Foundation Community Leadership Network.

Chinn and Keeton among graduates of leadership program Trey Chinn and Jhai Keeton are recent graduates of the the National Association for the Advancement of Colored People’s pilot Next Generation (NEXTGEN) Young Professional Leadership Program in 2018. Participants receive comprehensive leadership and advocacy training in order to develop leadership competencies that will enable them to become effective civil rights leaders. The inaugural class launched with 150 participants in January 2018 and concluded in December with 68 who successfully completed requirements. Chinn is the President of the Laurel Jones County NAACP Branch in Mississippi. He is a Deputy Commissioner with the Jones County Soil and Water Commission. Chinn is the National Second Vice President of the National Oak Park High School Alumni Association. He is a former Laurel City Councilman through which he supported Science, Technology, Engineering, Arts, and Math (STEAM) through the Outdoor Classroom and Garden. He is a graduate of Wabash College with his degree in Rhetoric and Political Science. Keeton is a member of the Jackson County-Moss

The Women’s Foundation of Mississippi announced the election of four new women to its board of directors: Rosalyn Howard, Grace Lee, Carol Todd Puckett, and Mary Largent Purvis. Howard is the Executive Director of the Mississippi Nurses Foundation. Howard received her Bachelor of Science degree in Education and a Master of Science degree in Guidance and Counseling from Alcorn State University. She is a member of the Association of Fundraising Professionals, a member of the Association of Talent Development, and a member of the Parent Teacher Organization in Rankin County. Lee is the co-founder, co-owner and retired President of Trilogy Communications, Inc. She began Trilogy with her husband in 1985. She earned a Bachelor’s degree in Accounting from Stonehill College and an MBA from the University of Connecticut, where she was inducted into the Hall of Fame by the University of Connecticut School of Business. She serves on the Board of Directors for the Mississippi Symphony Orchestra and the Mississippi Public Broadcasting Foundation. Puckett is a consultant working in the hospitality industry and with non-profits on strategic planning. Formerly president of the Viking Hospitality Group for Viking Range Corporation in Greenwood, she was the founder of the Everyday Gourmet, a cooking school and gourmet retail store operating and its companion store, the Everyday Gardener. She currently serves as chair of the USA International Ballet Competition and on the boards of directors of the Mississippi Arts Commission, B.B. King Museum, Grammy Museum Mississippi, Blue Cross Blue Shield of Mississippi and Tougaloo College. Puckett was educated in the Jackson Public Schools and at Converse College in Spartanburg, S.C. Purvis is the Director of Legal Analysis and Communication at Mississippi College School of Law. Purvis previously served as the Executive Director of CASA (Court Appointed Special Advocates) Mississippi. She graduated magna cum laude from Millsaps College in 1998, and she graduated summa cum laude from Mississippi College School of Law in 2001. She is a member of the Capital Area Bar Association, Association of Legal Writing Directors and the Association of Academic Support Educators, where she has served as Chair of the Bar and Bar Advocacy Committee. Mary serves on the Mississippi College School of Law Child Advocacy Advisory Board and the Child Welfare and Advocacy Committee of the Mississippi Bar Association.


18 Q Mississippi Business Journal Q April 12, 2019

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April 12, 2019

Q

Mississippi Business Journal

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19

LARGEST BANKS

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CORRECTION In the Largest Banks and Holding Companies list published in the April 5 edition of the Mississippi Business Journal, The First Bancshares/The First, ANBA, listing should have shown $3,003,986,000 in Assets, $2,457,459,000 in Deposits, and 67 total locations in ďŹ ve states. This would have placed The First as ninth-largest in Mississippi.


I'm not a doctor. I don't work in a hospital. But I know what I want from both. Quality. Choice. Hometown care. For a quarter century, Mississippi Health Partners has given businesses and their employees the services and value they demand through a network of our state’s most respected doctors and hospitals. Nearly 700 physicians and 14 hospitals, including Baptist Medical Center and St. Dominic Hospital, ensure that the healthcare needs of Mississippians are met to the highest standards every day. Mississippi owned and managed, our reputation is built on a legacy of trust, and a commitment to provide the ďŹ nest care at the lowest possible cost. When it comes to healthcare, we give you what you want.

We are Mississippi Health Partners.

w w w. m h p a r t n e r s . c o m


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