! g n i 5 ain y l On es rem m o s four Erie, Pa. www.whisperingwoodsgc.com As featured in the April issue of the Business Magazine.
CO-SPONSORED BY:
Treat your clients and yourself to an unforgettable day of play!
Tuesday, August 11 10 a.m. Shotgun Start
Limited to 33 Foursomes! • Modified Scramble • Premium Golf Gift • Door Prizes • Skill Prizes
• Continental Breakfast • On-Course Lunch • On-Course Refreshments • Outside Steak Cookout Dinner
$700/Foursome "The Association's golf tournament is truly a 'can't miss' outing. Having played each year for the past 10 years, I can't imagine not being part of such a wonderful and worthwhile event." — Ron Santos
Register: Call Tracy at 814/833-3200 or 800/815-2660 or register online at www.mbausa.org. Proceeds to benefit Pennsylvania Business Week, the Patrick R. Locco Scholarship Awards and the John P. Tramontano Jr. Education Fund.
BUSINESS M A G A Z I N E Manufacturer & Business Association
VOLUME XXII, NUMBER 8
Medical Associates of Erie Total Health Care For A Lifetime pg.14
AUGUST 2009
A unified and powerful voice must be heard in Washington and Pennsylvania – now more than ever. The Manufacturer & Business Association – Political Action Committee (MBA-PAC) supports candidates who endorse a pro-business, pro-growth agenda that accelerates our recovery and spurs economic growth. Your support of MBA-PAC is critical to creating a pro-business friendly environment. MBA-PAC champions candidates who proactively address: Reducing Reducing and and Eliminating Eliminating Business Business Taxes Taxes Unfair Unfair Foreign Foreign Trade Trade Policy Policy Rising Rising Costs Costs in in Health Health Care Care
Reducing Reducing Onerous Onerous Regulations Regulations Increasing Increasing Domestic Domestic Supply Supply of of Energy Energy Discouraging Discouraging Frivolous Frivolous and and Abusive Abusive Lawsuits Lawsuits
To To learn learn more more about about MBA-PAC, MBA-PAC, contact contact Government Government Affairs Affairs Director Director Sheila Sheila Sterrett Sterrett at 814/833-3200 or ssterrett@mbausa.org. at 814/833-3200 or ssterrett@mbausa.org.
2171 West 38th Street • Erie, Pa. 16508 2171 West•38th Street • Erie, Pa. 16508 Ph: 814/833-3200 800/815-2660 • Fax: 814/833-4844 Ph: 814/833-3200 • 800/815-2660 • Fax: 814/833-4844
14
August 2009
EDITORIAL >
FEATURES >
5 / Health Matters
3 / Spotlight
Why health coaching is a win-win approach to wellness.
9 / Financial Adviser
Employers’ Energy Alliance of Pennsylvania, Inc. President David Bell talks about the advantages of participating in the Association’s newest member service.
ROBERT MCMUNIGLE
14 / Medical Associates of Erie
STEPHANIE FUDURICH
How to create your own personal stimulus package.
13 / In the Bank Successfully navigating the transition from entrepreneur to investor.
Find out how this multi-specialty group practice is providing total health care for a lifetime with its growing network of physicians and specialists.
PETER EBERHART & MATT LOEFFLER
INSERT / Training Catalog
27 / Legal Brief
See the upcoming schedule for the Association’s professional development and computer training courses.
Fiduciary duty: The duty to act fairly. W. PATRICK DELANEY
31 / Living Well The importance of occupational medicine to your employees’ safety and well-being. KATHRYNE BUEGE, D.O.
23 / Extreme Makeover
Learn why the Extreme Makeover: Home Edition project had such strong support from the Erie business community and see pictures from the final reveal.
23 28
BMUA SG IANZEI SN SE
Manufacture
r & Business Asso
ciation
VOLUME XXII,
NUMBER 8
AUGU ST 2009
EVENTS > 28 / Roar on the Shore® See complete photo coverage of the third annual rally in Erie!
DEPARTMENTS > 4 / Business Buzz 11 / Health & Wellness Network
2009 BIKE RALLY ERIE, PA
18 / HR Connection 21 / On the Hill 24 / Legal Q&A 32 / People Buzz
22
s of Erie Associatetim Medical Car e For A Life e Total Health
pg.14
Read this edition of the Business Magazine online at www.mbausa.org!
August 2009 > www.mbausa.org > 1
Many things have changed at Wesbury over the last 90 years but our mission remains the same: “To provide individualized proactive health care and life enrichment services to assist mature adults in maintaining their independence, dignity and spiritual wholeness in a secure, Christian environment.” Today, Wesbury’s cutting edge facilities, services and programs include: • Independent Living • Assisted Living • Skilled Nursing Care • Memory Support • Wellness Center • Outpatient Rehabilitation Therapy • Award winning Wound Care Program • Home-Delivered Meals • Wesbury Lifeline • Visiting Nurse Alliance • On-Campus Pharmacy • Inter-generational Program Wesbury is a certified Medicare, Medicaid, Veterans Administration and PA waiver program provider. To learn more about Wesbury and arrange a visit, please contact us toll-free at 1-877-937-2879. Also visit our website at www.wesbury.com.
SPOTLIGHT > by Karen Torres
J. David Bell is the president of the Employers’ Energy Alliance of Pennsylvania, Inc. (EEA-PA). Recently, he sat down with the Business Magazine to discuss the current status of the Energy Alliance and the advantages of participating in the newest member service of the Manufacturer & Business Association (MBA).
The Employers’ Energy Alliance of Pennsylvania, Inc. was founded this year as a way to provide Association members with low-cost energy solutions – electric, natural gas and renewable energy. Why now? The obvious reason is that electric rate caps are being lifted throughout the state and will completely disappear at the end of 2010. But a deeper reason is the MBA’s ongoing mission to save our members money in any way we can. Lowering members’ costs is the reason behind human resource planning, payroll services, legal services and now the Energy Alliance. The MBA knows that health-care, labor and material costs are continuing to rise. This, coupled with the downturn of the economy, makes it a challenging business environment. The EEA-PA will help our members lower their energy costs. What is the status of the Energy Alliance to date? To date, the Employers’ Energy Alliance is acquiring the necessary permits and approvals from the federal government, the Commonwealth of Pennsylvania and the energy suppliers. While this is an involved process, it is critical it be accomplished to purchase energy directly from the electric grid and the gas pipeline. The EEA-PA must purchase at this level to assure it remains the lowest cost energy provider. In addition to the cost savings, what are the other benefits of joining the EEA-PA? There are several advantages of being an EEA-PA member rather than a part of a retail aggregator group. The retail aggregator consolidates energy volumes of several companies and then shops for the lowest price. However, they do not purchase directly from the electric grid or gas pipeline. This leads to higher energy prices. Under the EEA-PA model, future demand does not have to be forecast with a penalty imposed if it is not met. EEA-PA uses the individual load shape to generate monthly bills. Most retail aggregators, as their name implies, bundle together a number of a company’s energy volume. Because they are not reading the meter data, it is very difficult to reflect changing load shapes. Also, many retail aggregators access a charge if a company wants to leave the group prior to the contract date. The EEA-PA has a 30-day out policy with no additional charges. How easy is it for participating members to track their energy savings each month? One advantage is the savings report that is included in each bill. This report compares EEA-PA prices to the utility prices and reports the savings. With the EEA-PA, there is complete transparency in the bill received. It is not just one number stating the energy cost; it is broken down to the EEA-PA’s actual energy cost plus the small administrative fee. Typically the administrative fee is less than 2 percent of the cost of energy. How does my business or organization participate in the EEA-PA and are there any restrictions? The only restriction in participating in the EEA-PA is you must be a member in good standing of the MBA. There are no additional charges or fees. Where can I go to learn more about the Employers’ Energy Alliance? You can either go to the Web site, www.mbausa.org, and click on the Energy Alliance button or call Dave Bell at 814/833-3200. What else should employers know about their energy options? Don’t make a mistake and sign a long-term energy contract. Evaluate all your options and make the best decision for your company. I think once all the facts are on the table, it is in your best interest to become an EEA-PA customer.
VOL. X XII, NO. 8 AUGUST 2009 Manufacturer & Business Association Board of Governors
John Cline Dale Deist Timothy Hunter Dan Ignasiak Richard Knight Mark C. Kulyk John B. Pellegrino Sr., P.E. Dennis Prischak Timothy G. Shuttleworth Lorenzo Simonelli Sue Sutto Philip Tredway
Editor in Chief Ralph Pontillo rpontillo@mbausa.org Executive Editor John Krahe jkrahe@mbausa.org Managing Editor & Karen Torres Senior Writer ktorres@mbausa.org Contributing Jessica Crocker Writers Stephanie Fudurich Matthew Loeffler Robert McMunigle Peter Eberhart W. Patrick Delaney Kathyrne Buege, D.O. Advertising Sales Lori Maus Joint 814/833-3200 or 800/815-2660 ljoint@mbausa.org Photography Bruce Bennett Bruce Bennett Photography 814/899-1161 Ron Stephens La Mirage Studio 814/835-1041 Rachel Lusky Puremotif Photography www.puremotif.com Heather Neckers Heather Neckers Photography www.neckersphoto.com Michael Gallagher Photography www.mikegallagher.tv Design, Production Printing Concepts Inc. & Printing printcon@erie.net Mission Statement The Manufacturer & Business Association is dedicated to providing information and services to its members that will assist them in the pursuit of their business and community interests. – Board of Governors Manufacturer & Business Association 2171 West 38th Street Erie, Pa. 16508 814/833-3200 or 800/815-2660 www.mbausa.org © Copyright 2009 by the Manufacturer & Business Association. All rights reserved. Reproduction or use of editorial, pictorial or advertisements created for use in the Business Magazine, in any manner, without written permission from the publisher, is prohibited. Unsolicited manuscripts cannot be returned unless accompanied by a properly addressed envelope bearing sufficient postage. The magazine accepts no responsibility for unsolicited manuscripts or artwork. The Business Magazine and Manufacturer & Business Association do not specifically endorse any of the products or practices described in the magazine. The Business Magazine is published monthly by the Manufacturer & Business Association, 2171 West 38th Street, Erie, Pa. 16508. Phone: 814/833-3200 or 800/815-2660.
August 2009 > www.mbausa.org > 3
Business Buzz DNS ATTAINS ‘GOLD’ CERTIFICATION Erie-based Distributed Network Software (DNS), LLC has achieved Microsoft Gold Certified Partner status, the highest level of certification available from Microsoft Corporation. Gold Certified Partners have passed Microsoft’s stringent requirements and have demonstrated the highest levels of knowledge, skill and technical ability, as well as the commitment to implement Microsoft technologies. In addition to being a Microsoft Gold Certified Partner, DNS is a provider of “Software as a Service” (SaaS) and Customer Relationship Management (CRM) software. For more information, visit www.dnsllc.com. MEADVILLE MEDICAL CENTER NAMED ‘CENTER OF EXCELLENCE’ The Meadville Medical Center (MMC) has been permanently certified as a “Breast Imaging Center of Excellence” by the American College of Radiology’s Commission on Quality and Safety, and the Commission on Breast Imaging. According to MMC Manager of Radiology Services Terry Beck, the department first received this recognition two years ago, and now holds permanent certification, which will remain valid as long as MMC maintains its accreditation in all breast imaging facilities. LOGISTICS PLUS ENTERS INTO STRATEGIC PARTNERSHIP Logistics Plus (LP), an Erie-based leader in worldwide logistics, and Olean, New York-based Lynx Fulfillment, a leading provider of warehousing and fulfillment solutions for e-commerce and retail businesses, have entered into a strategic partnership. “Lynx Fulfillment is another big step in LP’s growth into the business of providing our customers with a onestop solution for all their logistical needs. Logistics is not simply moving freight, but helping customers by managing their inventory and reducing costs to better compete in a very competitive global marketplace,” said Jim Berlin, Logistics Plus CEO. “This partnership gives our customers the ability to have their product managed from door to door, using the efficiency and lower cost of bulk transportation to our fulfillment warehouse, and then careful, competitive final delivery to their customer. We’ve done this successfully for over 10 years for 4 < www.mbausa.org < August 2009
DEPARTMENTS > Contact: Jessica Crocker
industrial customers. Lynx now allows us to provide the same proven level of service to our retail customers.” For more information, visit www. logisticsplus.net. NORTHWEST AMONG 100 MOST TRUSTWORTHY COMPANIES In a survey conducted for Forbes magazine, Northwest Bancorp, Inc. recently made the list of 100 Most Trustworthy Companies. Of the approximately 12,000 public companies analyzed, Northwest ranked 54th and was one of only 11 financial institutions to make the list. To determine the most trustworthy 100, independent auditing firm, Audit Integrity, assigned each company an accounting and governance risk score (AGR) by evaluating financial reporting, transparency, fiscal policies, management behaviors, corporate governance and risk factors. CORE COMPLIANCE GROUP EARNS DIVERSITY HONORS DiversityBusiness.com, the nation’s leading business-to-business Internet site, recently named Core Compliance Group, Inc. as one of the Top 500 Emerging Diversity Businesses in the United States. The list represents the top U.S. small businesses in such sectors as technology, manufacturing, food service and professional services. Headquartered in Cranberry, Pennsylvania, Core Compliance provides a broad range of environmental and safety management consulting services including safety and environmental training, regulatory compliance auditing, industrial hygiene, risk assessments and risk communication, among others. For more information, visit www. corecompliance.com. COMPOSIFLEX ACHIEVES AS9100 REGISTRATION Erie-based Composiflex, Inc., a global supplier of highly engineered composite products to the aerospace, military and industrial markets, among others, announced registration to AS9100 from NSF International Strategic Registrations (NSF). According to the company, upgrading the quality system to AS9100 better addresses the growing aerospace segment of the company’s business. AS9100 is a quality management system that adds specific requirements
critical to the aerospace sector, and includes a thorough onsite audit and continuing reliability and maintenance preventative measures. For more information, visit www. composiflex.com. AWARDS PRESENTED TO SAINT VINCENT, PHILLIPS RESPIRONICS Saint Vincent Health System and Philips Respironics have been honored with Outstanding Workforce Development Partner Awards by Continuing Education at Penn State Erie, The Behrend College. The recipients were honored in recognition of their commitment to providing their employees with training opportunities to advance job skills. “Both Saint Vincent and Respironics have shown that they are committed to providing their employees with professional development opportunities and have formed strong working relationships with Penn State Behrend in the process,” said Peggy McCarthy, director of Continuing Education at Penn State Behrend. MIKRON VALVE ACQUIRES MILLER MANUFACTURING Mikron Valve & Manufacturer, Inc., formerly Mikron Machine and Valve Company, located in Cranesville, Pennsylvania, has acquired Pittsburghbased Miller Manufacturing, the original equipment manufacturer of the Miller Figure 162 and 172 ANSI Flanged Globe Style Silent Stream Flow Check Valves. Miller has been operating for more than 100 years at its present location servicing the HVAC, heavy industry, utilities and water treatment industries. Mikron is a manufacturer of custom high performance, high pressure ball valves, which are most often designed for specific application across a wide berth of industries, is finding its niche in Chemicals, Water, Oil and Gas (WOG). Mike Miczo, president of this newly formed corporation noted, “We are excited by the dynamics of this acquisition; it provides Mikron and our customers with a distinct advantage in having an OEM that can meet the variable needs required in today’s (WOG) and chemical industry.” Mikron Valve & Mfg. also was recently awarded API, ISO-9001/2000 and ISO/TS 29001 certifications, and is approved for nuclear projects. For details, visit www.mikronvalve.com.
Health Matters
EDITORIAL > by Stephanie Fudurich
Health Coaching Creates a Winning Team The concept of health coaching is evolving and becoming more and more a part of mainstream health care. What once may have been viewed as a technique designed to deal with a specific problem – such as helping someone to quit using tobacco – is now seen as a tool that can be used to manage wellness throughout the entire continuum of health, which may include disease states. The focus of health coaching is wellness goals. This approach is geared toward maximizing a person’s health, quality of life, and productivity through targeted delivery of preventive and wellness services with active management of injury, disease and disability. Health coaches take a holistic approach to all problems. They work with the whole person and focus on lifestyle and behavior change as keys to maintaining and improving health. For example, when working with someone who wants to lose weight, the health coach understands that helping a person to change the lifestyle habits needed to eat healthier does more than help that person look and feel better. This also can be a way to reduce that person’s risk of diabetes, depression or cardiovascular disease. Because the medical field tends to be disease-centric, the focus is a concentration on the patient’s specific problems with little time to look at how lifestyle factors may have caused the illness or how lifestyle changes may help prevent or lessen any recurrence. The medical community needs to be aware of the healthcoaching programs available to their patients and to “prescribe” such measures.
Because health coaching is effective in reducing people’s tendency to participate in risky behaviors, it is an effective preventive tool. Who are Health Coaches? Health coaches usually have a background in one or more of the following areas: nursing, social work, exercise physiology, public health, health and wellness. What Makes a Good Health Coach? The following characteristics are desirable in health coaches: • a strong desire to help others improve their health • a love of teaching • a love of imparting information • great counseling skills • great clinical skills • empathy • intelligence • outstanding customer service skills • creativity Source: Healthcare Intelligence Network
Ways to Connect with a Health Coach • Telephonically • Online • Onsite group sessions • Onsite one-on-one sessions Why is Health Coaching Effective? The supportive relationship between a health coach and the person wanting to change behaviors creates a positive connection. That positive feeling can help the person who is being coached to try harder and make the lasting changes that can lead to better health and well-being. Areas in which Health Coaches Can be Effective: • Disease management, such as diabetes, asthma, depression, etc. • Diet and nutrition • Fitness education • Pre-and post-natal wellness • Smoking/tobacco cessation and prevention • Stress management • Walking • Weight management • Work/life Balance • Family relationships
Some Benefits of Health Coaching to Employers • Improved health of employees For more information, visit • Lower medical costs through an www.upmchealthplan.com. emphasis on reducing lifestyle risks • Increased productivity Stephanie Fudurich is a senior • Less absenteeism director for Health Management at UPMC Health Plan, which is Are Incentives a Good Way part of the integrated partner to Get People Involved in companies of the UPMC InsurHealth Coaching? ance Services Division – which Incentives can be effective in getting includes UPMC Health Plan, UPMC Work Partners, EAP people to use health coaching. Solutions, UPMC for You However, no incentives are going to (Medical Assistance), be strong enough to get someone to and E-Benefits change behavior. What the incentives – and which offer a do is create an opportunity for health full range of insurance programs coaching that can lead to a change and products. in behavior.
August 2009 > www.mbausa.org > 5
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EDITORIAL > by Robert McMunigle
Financial Adviser
Create Your Personal Stimulus Package Much has been written about the various stimulus incentives for businesses and governments. But there also are a number of special benefits currently available to individuals. Expanded Tuition Credit – “American Opportunity Tax Credit” For 2009 and 2010, the eligibility requirements for benefiting from the education tax credits have been greatly expanded. The American Opportunity Tax Credit replaces the Hope Scholarship Credit for these years, increasing income eligibility thresholds before the credit begins phasing out from $100,000 of modified AGI to $160,000 for married joint filers and from $50,000 to $80,000 for other filers. (The credit is fully phased out at $180,000 of modified AGI for married joint filers and $90,000 for all others.) This will allow many more families to qualify for the credit. The credit is equal to 100 percent of the first $2,000 of tuition, fees and course materials, and 25 percent of the next $2,000 of these costs. The American Opportunity Tax Credit may be used for the first four tax years of postsecondary education. Qualified expenses are reduced by certain tax-free benefits such as scholarships excluded from income and the portion of a withdrawal from a 529 plan, which is tax-free profit. However, qualified costs paid through student loans do qualify for the credit. Many planning opportunities exist for this credit. Consider the modified AGI thresholds in year-end planning decisions. In certain cases, it can be beneficial to pass the credit to a dependent — for example, the parent(s) not claiming the otherwise eligible exemption. Also, consider the year in which tuition payments are made and even consider voluntary taxation of scholarships if net amounts incurred are not sufficient to fully benefit from the credit.
The Return of the Residential Energy Credit The residential energy credit has been reinstated for 2009 and 2010. The credit applies to property placed in service during these years on homes that are owned by and used as the taxpayers’ principal residence. Eligible improvements can include the following: • Insulation materials • Exterior windows, including skylights and storm windows • Exterior doors • Certain metal roofs • Electric heat pumps and heat pump water heaters • Central air conditioners • Certain water heaters, furnaces, or boilers • Biomass fuel stoves • Advanced main air circulating fans. Not all expenditures in these categories qualify as there are minimum energy standards specified for each type of improvement. Check with your contractor, dealer or the manufacturer for applicable ratings. The credit is 30 percent of the total amount incurred limited by a total credit of $1,500 over both years. Cash for Clunkers Generally referred to as the “Cash for Clunkers” Act, the Consumer Assistance to Recycle and Save Act of 2009 is designed to encourage consumers to trade in older gas guzzlers to purchase new more fuel efficient vehicles. The federal government will issue vouchers of $3,500 to $4,500 to be applied to offset the purchase or lease price of the new vehicle in exchange for the old vehicle, which must be scrapped by the dealer. The amount received for the old vehicle is thus a set amount coming from federal funds rather than a negotiated trade with the dealer. If your trade-in is worth more than $4,500, this
program probably won’t benefit you, but a vehicle worth only a few hundred dollars can effectively be sold to the federal government for up to $4,500 as long as it meets the following conditions: • Be in drivable condition. • Has been insured and registered to you for at least a year immediately prior to trade-in. • Not be more than 24 years old. • Has a minimum combined miles per gallon (MPG) of 18 or less. The combined minimum combined MPG is based on currently effective standards, not those that were in effect when the vehicle was purchased. These new standards are available at www. fueleconomy.gov. This program expires on November 1, 2009. Other Benefits There are other benefits currently available to individuals such as the “First-time Homebuyer Tax Credit,” a zero-percent tax rate on capital gains and qualified dividends for some taxpayers, and a sales tax deduction on new vehicle purchases. However, these are all probably “limited time offers.” For more information, contact Robert McMunigle at McGill, Power, Bell at rmcmunigle@mpbcpa.com or 814/724-5890. Robert B. (Mac) McMunigle, CPA, PFS, ABV, is a manager with the certified public accounting firm of McGill, Power, Bell & Associates, LLP. He has been with the firm for 25 years. McMunigle specializes in tax planning, estate planning, business valuation and business succession planning. He also is certified as a Personal Financial Specialist.
August 2009 > www.mbausa.org > 9
Company PROFILE
Perseus House
Perseus House
Perseus House, Inc. 1511 Peach Street Erie, PA 16501 Phone: 814/4805900 Fax: 814/4548670 Web site: www.perseushouse.org Number of Employees: 430 Founded: 1971
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The Health & Wellness Network
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In The Bank
EDITORIAL > by Peter Eberhart and Matt Loeffler
From Entrepreneur to Investor: Successfully Navigating the Transition The decision to step back from running a business is never an easy one. Many factors must be carefully considered well in advance of the event. The factors in forming the decision to sell a business or keep it in the family fall roughly into two categories: the hard facts and the softer factors. The hard facts include issues such as: market conditions, stage of business lifecycle, economic conditions, opportunities for organic vs. acquisition growth, foreign competition, and a litany of other business indicators. The less tangible inputs might include certain characteristics assignable to the business owner – changing appetite for risk, energy and enthusiasm for running the business, desire to pursue other interests, and compulsion to retain control of the business. The business owner must consider the aspirations and relationship among his or her children, and the likelihood that the business will remain a viable venture if left in the hands of existing management and leadership. Assemble a Team of Advisers Regardless of the industry or type of business, a business owner will need a common core of advisers when the decision is made to sell or transfer a business. The team likely will include an investment banker, an accountant familiar with corporate and personal taxes, an attorney familiar with business law issues and wealth transfer matters, a business valuation specialist, and a wealth manager. Assembling this team can be a challenging undertaking. Often, the first impulse is to engage the advisers
who have been helping the business since its inception. Sometimes this can be exactly the right decision. The danger, however, is that, as the business, the family and the wealth have grown, the complexities of that business and the nuances around the transfer of that business may exceed the capabilities of long-standing advisers. Prudent advisers who recognize this will be candid with the business owner about the situation, and will work to stay involved in the business while also referring the owner to a specialist. It is important to remember that bringing in a specialist does not necessitate the end of a long relationship with an adviser. In addition to adviser referrals, personal networks such as other business owners, trade associations and professional groups are a valuable resource for locating qualified and specialized advisers. Know the Concerns and Challenges of the Business Most successful business owners are successful because they have dedicated themselves almost entirely to running their business. A former business owner, however, might now be in the position of moving from active control of all investments to being a passive investor, and that often does not sit well with individuals who built and controlled an enterprise. In order to reduce discomfort, it is critical that a business owner open a dialogue with a wealth manager before receiving the proceeds of a business sale. The wealth manager should be charged with understanding the needs and concerns of the business owner and creating an
appropriate investment plan, which is clearly documented in an investment policy statement, and followed diligently once the investment plan is funded. The investment policy statement can serve as an anchor for the investor, reminding him of the portfolio objectives and strategy in times when the investor might be tempted to stray from his or her longterm investment goals. There are many considerations in the decision to transition away from running a family business. Waiting to think about business succession, family issues and life after the business until just before the transaction is complete can result in unneeded difficulty. With proper advice and thorough planning, a business owner can put his or her life’s work to work for the family or toward realizing the individual’s goals for the next stage of life. For more information about BNY Mellon, visit www. bnymellonwealthmanagement.com.
Peter Eberhart is a senior director at BNY Mellon Wealth Management, responsible for the development of wealth management and estate planning strategies for individuals and families.
Contributing editor Matt Loeffler, CPA, CMA, CFP®, is a senior director of Sales for BNY Mellon Private Wealth Management in Northwest Pennsylvania. He works with Peter Eberhart in helping clients with retirement planning, estate and income tax planning and business succession planning. Loeffler can be contacted at 800-643-2049. August 2009 > www.mbausa.org > 13
Total Health Care for a Lifetime “There’s really no need once you hook up with our system to seek outside medical care,” says Practice Manager John Ferritto. “If you’re an athlete, we have sports medicine and orthopedics, and we also have women’s health care and geriatric care as well.”
Focus on Total Wellness Medical Associates of Erie is one of the largest physicians networks in the region with 29 physicians at 12 regional offices, including the new LECOM Medical Fitness & Wellness Center in Millcreek Township, shown here.
At Medical Associates of Erie (MAE), medical care is more than just treatment. It is providing quality care to the community while promoting the advancement of medicine and education, as part of a multi-specialty practice whose physicians practice holistic medicine so patients can attain optimal physical, mental and emotional health. “That’s why our promise to you is total health care for a lifetime,” explains Marketing Director Rebecca Styn. “As part of the Millcreek Health System, our goal is to provide comprehensive prevention and wellness programs and services through our growing network of physicians and specialists.” Founded in 2004 as a wholly owned subsidiary of the Millcreek Health System, which operates LECOM, Millcreek Community Hospital, the Millcreek Geriatric Education and Care Center, and LECOM Medical Wellness & Fitness Center, MAE is one of the largest physician networks in northwest Pennsylvania. Today, the Group, managed by MAE President Dennis Styn, employs more than 80 employees, including 29 physicians at 12 regional offices, and delivers a full spectrum of medical care, from family practice, orthopedics, obstetrics and gynecology, to ophthalmology, sports and internal medicine, pediatrics, geriatrics and general surgery. According to administrators, Medical Associates of Erie’s current pace is to grow by one location and several physicians each year, largely due to its affiliation with Millcreek Health System’s educational and clinical facilities. As part of this unique system, MAE physicians, who are also instructors and professors at the nearby Lake Erie College of Osteopathic Medicine and School of Pharmacy, have the unique advantage of being able to teach, train and hire the next generation of medical care specialists. “Hence, the tagline, ‘Doctors who practice what they teach,’ ” says Styn. This approach improves the quality of training for doctors to ensure their training is streamlined for the benefit of themselves and their patients. In fact, once someone is a patient at an MAE primary care practice, they have a consistent continuum of care with unlimited access to MAE’s network of specialists.
14 < www.mbausa.org < August 2009
Most recently, nine of MAE’s physicians are now seeing patients at the new LECOM Medical Fitness & Wellness Center at 5401 Peach Street, across from Millcreek Community Hospital in Millcreek Township. Among these physicians are James Y. Lin., D.O., a geriatric medicine specialist who is the region’s only fellowship-trained geriatrician and a clinical professor of Geriatric Medicine at LECOM; Danielle M. Hansen, D.O., M.S. (Med Ed), internal medicine specialist with MAE, vice president of Acute Care Services at Millcreek Community Hospital and clinical assistant professor of Internal Medicine at LECOM; David Beaton, D.O., FACOOG, and Paula Gunduz, M.D., FACOG, both obstetricians/gynecologists with MAE and clinical assistant professors of Obstetrics and Gynecology at LECOM; orthopedic surgeons Anthony Ferretti, D.O., and Steven Habusta, D.O.; Jan Hendryx, D.O., an osteopathic manipulative medicine and acupuncture specialist; and Patrick F. Leary, D.O., FAOASM, and Gregory W. Coppola, D.O., FAOASM, who are both sports and integrative medicine specialists with MAE and clinical professors of Sports Medicine at LECOM. “Now that we have offices at the Wellness Center,” explains Styn, “we can utilize it to the fullest extent.” Indeed, the new state-of-the-art fitness facility is an ideal setting for one of the area’s premier sports medicine programs. Offices are located on the third floor but only a minute’s walk from the physical therapy and aqua therapy facilities on the first and second floors. Sports medicine specialist Patrick F. Leary, D.O., FAOASM, explains the nonsurgical, nonmedication-based treatment options that patients can utilize to restore function, decrease pain and lead an active lifestyle.
Medical Associates of Erie’s network also includes one of the region’s oldest, fullservice ophthalmology optical centers, Sterrettania Ophthalmology/Hess Bros. Opticians, located in Millcreek Township.
Gregory W. Coppola, D.O., FAOASM, works closely with area athletes at the high school, college and professional level to treat sports-related injuries and prevent them. Both he and practice partner Dr. Patrick F. Leary are also team physicians for the Erie Bayhawks, the NBA D-League affiliate in Erie.
“We’re most excited about the programs that are going to take place in this facility, the type of preventative medicine that will be going on here will be unique to northwestern Pennsylvania,” says Dr. Gregory Coppola of the new offices. “We just think it’s going to be very unique to take sports medicine specialists and interface with a medical fitness facility like this.” Practice partner Dr. Patrick Leary describes the facility as the “Rolls-Royce” of wellness facilities. “If we have someone who needs aqua therapy, we can have our certified athletic trainer go down and watch them in the pool. We have a great physical therapy staff that can watch people run around the track, and they can use specific machines to strengthen certain areas. We can keep an eye on someone in the Yoga Center who has had knee injections and still needs a little core work. It’s just a great opportunity to be in such a brand new facility.” Today, sports medicine fills an important niche between orthopedics and general medicine, by helping physically active people perform better by improving their strength and conditioning and managing their injuries. These patients are increasingly looking for nonsurgical, nonmedicationbased options, such as acupuncture, and mind-body techniques such as meditation, yoga, tai chi and Pilates. “Ninety percent of sports-related injuries are nonsurgical, so it’s created this incredibly important need within the medical community to have nonsurgical sports medicine specialists,” says Dr. Coppola. “Our role is to let people know when it’s safe to return to play and how to help people perform better. From a preventative standpoint, for instance, we know that female athletes are prone to tearing their ACL. We can bring people into our facility here and go through a preventative medicine program where we can have them do certain stretches and core stabilization exercises to prevent them from having that type of knee surgery. It’s our focus at MAE and in the medical school to not only treat sports-related injuries, but try to prevent them as well.” Both Dr. Coppola and Dr. Leary are the official team physicians of the Bayhawks, the NBA’s D-League affiliate in Erie. They also work with local high school and college athletes and area athletic programs. Dr. Leary himself worked with Cleveland Browns’ quarterback Brady Quinn during his years playing for Notre Dame. “I’ve taken care of a lot of people who are excellent athletes, and this was a great opportunity to jump from Notre Dame to LECOM sports medicine.” But sports medicine isn’t just about athletes; it’s about helping those who want to stay active longer. In fact, according to recent statistics, the average life expectancy is now about 80 years old, and through the sports medicine practice, these patients can take preventative measures to help them stay healthy and fit – and reduce their health-care costs. “It’s a perfect time to be a sports medicine doctor and an osteopath, which is why we started a sports medicine program and a fellowship at LECOM and at Millcreek and MAE,” Dr. Leary says. “If a car is out of alignment, the tires are going to wear. If you’re out of alignment, then your feet or knees are going to hurt. If you don’t have good alignment, then there’s no point to putting a new motor in a car that’s got a frame that’s broken.
You want to fix the frame and then fix the motor; you don’t want to do that backwards.”
Excellence in Successful Aging
MAE’s team of doctors and specialists have become a single point of service for the specialty care in all fields of medicine, including the complex care of elderly patients at the LECOM Institute for Successful Aging now housed in the Wellness Center. “This building represents a continuous care,” says Dr. James Lin, the only fellowship-trained geriatric specialist in the region. “When we opened up our transitional care unit, it was one more way to get people transitioned into the community. Now this brand new building completes the whole continuum of care for our geriatric patients. We can take care of our patients in the community as outpatients for prevention or intervention as an outpatient, and if they need to go to the hospital, it’s right here on the same campus. We can provide acute care, rehab or long-term care, all the way until the end of life.” The LECOM Institute for Successful Aging is the only institute of its kind in a 100-mile radius, and the only center of excellence that has been established to provide geriatric medicine in the region – for research, education and clinical services. MAE also established a fellowship in geriatrics so that by 2010 there will be an additional two geriatricians working at the center. And with Pennsylvania as the third largest state in terms of people age 85 and older, the demand for complex geriatric care is expected to rise. “I think that to age successfully, your mind, body and spirit all have to be healthy, and if one of those categories is not in balance then problems can occur,” says Dr. Lin. “For example,” he says, “if someone is depressed and his or her spirit is not good, then that is going to lead to a functional decline. We want to > James Y. Lin., D.O., is focused on the complex medical care of elderly patients and is the region’s only fellowship trained geriatric medicine specialist.
Paula Gunduz, M.D., FACOG, specializes in all aspects of women’s health care as one of the area’s leading specialists in obstetrics and gynecology.
Medical Associates of Erie – Specialty Network Main office: 1858 West Grandview Blvd. Erie, Pa. 16509 Phone: 814/866-8470 Web site: www.maerie.org
recognize all of those risk factors before things happen to cause them to go into a nursing home. Our job is to see the signs of trouble and intervene before they start to decline.” Memory assessments have become a critical component of geriatric consultations. Oftentimes, people with family members diagnosed with dementia don’t really know how to deal with the disease in terms of care or transitioning the patient from a community-based setting to a nursing facility. “That’s also my expertise in making the diagnosis and confirming the diagnosis and helping the family get through it all,” Dr. Lin notes. But geriatric care does not just apply to long-term care and nursing facilities. It is really the general primary care medicine for older adults. “If you’re younger, in the age group of 40 to 50,” says Dr. Lin, “that’s when you should come in and get a wellness check-up so that when you reach your older years, you’ll be successful in doing what you enjoy doing.”
Full Spectrum of Services
As a network of providers, the spectrum of care at MAE includes not just geriatrics and sports medicine, but a multitude of specialties, including family medicine, obstetrics and gynecology, orthopedic surgery, general surgery, internal medicine as well as one of the region’s oldest ophthalmology practices. According to Optician Gary Rousch, MAE’s network includes its Sterrettania Ophthalmology/Hess Bros. Opticians optical center at 4000 Sterrettania Road in Millcreek Township. The center, which started as the original Hess Bros. Optical in 1929, has been at the Sterrettania location for five years and has two ophthalmologists – Dr. William Crane and Dr. Carlo DiMarco, president of the American Osteopathic Association, a group that represents more than 64,000 osteopathic physicians and is the primary certifying body and accrediting agency for all osteopathic medical colleges and health-care facilities. Sterrettania Ophthalmology provides patients with a full-service optical center that includes everything from contact lenses and specialty contacts, to frames, lenses, 300 types of progressive bifocals, sports eyewear, and the treatment of eye ailments and diseases.
Family Medicine Micalyn Baney, D.O. David Bodosky, D.O. Sarah Breon, D.O. Randy Edwards, D.O. David Fox, D.O. Douglas Grisier, D.O. Paul Kohut, D.O. Richard Ortoski, D.O. Armando Ricci, D.O. Beth Ricci, D.O. Richard Sposito, D.O. Frank Tursi, D.O. General Surgery Ronald Balderach, M.D. General & Laparoscopic Surgery William Phelps, M.D., FACS Geriatrics James Lin, D.O. Internal Medicine Garrett Clark, D.O. Danielle Hansen, D.O., M.S. (Med Ed) Eric Milie, D.O. Neuro-Muscular Medicine Specialist Lilia Gorodinsky, D.O. Obstetrics/Gynecology David Beaton, D.O., FACOOG Paula Gunduz, M.D., FACOG Ophthalmology William Crane, D.O. Carlo DiMarco, D.O., MSc., FOCOO Orthopedic Surgeon Anthony Ferretti, D.O. Steven Habusta, D.O., FAOAO, M.Ed. Osteopathic Manipulative Medicine & Acupuncture Jan Hendryx, D.O. Sports & Integrative Medicine Gregory W. Coppola, D.O., FAOASM Patrick F. Leary, D.O., FAOASM
“We deal one-on-one with the patient, and everything is very specialized,” says Rousch. “We’re doing about 80 percent of the specialty work out there, and our quality of care is second to none.” What also differentiates the ophthalmology center is its affiliation with the Millcreek Health System and the ability to stay on the cutting edge of technology and training. “We also have a residency program and are one of the few ophthalmology centers that is continuously updating our optical training and services,” says Rousch. “We service our patients’ needs so that if they require something out of the ordinary, then we can still accomplish that.” It’s this patient-centered focus that truly represents the group practice of Medical Associates of Erie and its commitment to total health care for a lifetime. For more information, visit www.maerie.org. 16 < www.mbausa.org < August 2009
The new MAE Group offices on the third floor of the LECOM Medical Fitness & Wellness Center provide patients with a comfortable setting for care and treatment.
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HR Connection SALARY AND HIRING FREEZES TO MELT SOON A survey by consulting firm Watson Wyatt has found that 62 percent of organizations that have made hiring freezes and 69 percent of those that have made salary freezes plan to eliminate them within the next 12 months. Additionally, 48 percent of respondents that have reduced their employer 401(k)/403(b) matches plan to reinstate them in the same timeframe. Still, some changes made because of the economic downturn will continue. Although 60 percent of employers plan to reverse salary reductions (55 percent within the next year), 20 percent will keep them in place, and another 20 percent are unsure. SAFETY HELPS BOOST MANUFACTURING GROWTH American manufacturers are now increasing market share in the international
*NSURANCE 1OSTINGS FROM 1ATTY The Man
ufacturer & Business Association is pleased to announce that through our partners hip with Eastern Alliance Insurance Group (EAIG), our members now have access to a proactive workers’ compensation prog ram that can help you dramatically reduce claims costs and return your employees to work faster. Our goal is to help you lower the cost of doing business whenever and whereve r possible. Through our partnership with EAIG, we belie ve we can do just that, and we encourage you to take adva ntage of this new member benefit. For more informat ion, visit the Association’s Web site, www.mbausa.org and click on “Workers’ Compensation Plans” under the “Insu rance Services” button.
marketplace due, in part, to maintaining effective work safety and health programs, according to American Society of Safety Engineers’ (ASSE) Manufacturing Practice Specialty Administrator Michael Coleman, as published in Plant Engineering. A recent report from the Federal Reserve Bank of Philadelphia stated the U.S. manufacturing sector has shown its best
performance since September. The report, a survey taken of U.S. manufacturers, said East Coast manufacturing and production firms reported improved numbers for June in terms of new production activity, orders and shipments. “We don’t sacrifice safety for productivity,” Coleman said.
Contractors & Construction Managers ~ Since 1906
18 < www.mbausa.org < August 2009
Patty Smith is the director of Emplo yee Benefit Services at the Manufactur er & Business Associa tion.
DEPARTMENTS > Contact: John Onorato
Don’t Pay the Price for Those No Longer Eligible for Health-Care Coverage Many firms overlook an area where they might be able to find some health-cost savings. Start by asking yourself this: Are you paying to insure people who should not be on your health plan? According to some estimates, most employers needlessly spend an extra 5 percent to 15 percent by carrying ineligible people. The problem occurs when your insurance company continues to charge you for enrollees who are no longer eligible for coverage but were never removed from the rolls. Many times the issue often goes undetected until you initiate the steps needed to find and fix it. Insurance companies have no incentive to do anything about it. It does not cost them money, after all. It is costing you. There are four main groups of people who often manage to fly beneath the radar screen and remain covered under your plan even when they are no longer eligible:
• Former employees • Current employees who have changed from full- to part-time status • Divorced employees’ ex-spouses • Older dependent children. Each category has its own set of challenges to fix, but that can be done rather easily. 1. Track ex-worker coverage. Be certain there is someone at your company who tracks when people’s coverage period ends: both on the active rolls and on COBRA. 2. Ask Payroll about part-timers. Depending on the eligibility rules in the plan documents of your health policy, an employee who scales back on hours may become ineligible for coverage under your health plan. (Remember, however, COBRA applies to the employees who lose coverage when their hours are reduced).
complete confidentiality; or the “hard ball” tactic: Add a spousal surcharge to employees’ monthly contributions, which greatly increases the odds of prompt reporting of a divorce. 4. Older dependent children. It is critical that your insurer conduct periodic verification of eligibility of coverage of dependent children. For more information, contact me at 814/833-3200, 800/815-2660 or sbruce@ mbausa.org. Stacey Bruce is a PHR-certified HR generalist at the Manufacturer & Business Association.
3. Employees slow to report divorce. – Take the “empathetic” approach: Pledge
August 2009 > www.mbausa.org > 19
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DEPARTMENTS > Contact: Sheila Sterrett
A Public Health-Care Plan: Setting the Record Straight America’s Truly Uninsured Sheila Sterrett is the director of Government Affairs at the Manufacturer & Business Association (MBA).
The rising cost of health care, fewer choices and less secure coverage leave little doubt that the current health-care system needs reformed. Individuals and families are being forced to pay more while receiving less in return. There is a bipartisan consensus as to what Americans are looking for in health-care reform – affordability, accessibility, portability and quality. However, what is not clear are the true numbers of Americans that are uninsured, as well as a specific path to reform. Two main options have surfaced as ways by which the United States can enact health-care reform: government-driven and consumer-driven health care. The MBA believes that health reform should revive, not weaken, private health insurance. A one-size-fits-all approach to health reform, such as a public plan, would directly interfere in the personal healthcare decisions of Americans. True reform will come from structural changes in the health insurance markets, personal choice and real market competition.
Exposing the Myths of a Public Plan
Myth #1: Lower Costs — The nonpartisan Congressional Budgetary Office has estimated that the plan will cost as much as $2 trillion over 10 years, still leaving millions of Americans uninsured. And while government plans always look cheaper, the truth is that the actual costs are hidden – administrative fees and lower reimbursements to providers – which result in a high-cost shift to private payers to make up the difference. Myth #2: Quality Care — An assessment of current government health plans show that both Medicare and Medicaid have huge gaps in quality and coverage, offering substandard care compared to private insurance. These continual quality deficiencies are regularly overlooked when discussing a government-run plan. Myth #3: Increased Competition — Close consideration of a public plan reveals the promise of heavy regulation of health insurance, enabling the government to create the rules for the “game” in which it plans to compete. However, the government would not be a neutral umpire in the game, as it will own the competing public plan. Myth #4: The Public Plan Won’t Crowd Out Private Insurance — It’s impossible to believe that Congress and the Obama administration could not set and interpret rules in favor of their own plan. Research by the Lewin Group indicates that a government-driven plan would ultimately lead to employers dropping their coverage, while dumping
Insured 253.5 million
Uninsured 46 million
Source: Census Bureau 2007 Health Insurance Coverage Report and the U.S. Chamber of Commerce 6/11/09 Statement on Health Care Reform Legislation Options
Uninsured statistics 10 million eligible, but unenrolled in govern ment plan 9 million noncitizens 10 million “truly uninsured” 15 million have the money but choose not to purchase insurance
nearly 130 million people into the public plan. A Washington Post editorial went so far as to say that the “public option” would be a backdoor for nationalized, single-payer, socialized medicine. There would be no competition, choice or leveling of the playing field as supporters suggest.
Don’t Be Fooled
Using Free Market Language Doesn’t Make it a Free Market: Proponents of a public health-care plan use language such as “competition” and “choice” to give the illusion that their policies are consistent with market principles. In reality, a public plan would not only reduce individual control over health-care decisions, but also would bring about unsustainable federal spending and, ultimately, the rationing of care and services.
What is the Prescription for Health-Care Reform?
Relief for the estimated 10 million uninsured who can neither afford private insurance nor qualify for government plans must be targeted, fiscally responsible and coordinated with other reforms that will ultimately lower costs and improve the insurance market. While we know that America needs health-care reform, we cannot support reform just for the sake of reform in exchange for government micro-management. Legislation must be developed that will not only garner bipartisan support, but also be fiscally responsible, offer tax relief for purchasing coverage, redirect funds to restructure health-care spending, encourage portability, increase quality, lower costs and empower the consumer for a truly competitive market. *Adapted from The Heritage Foundation, Fact Sheet #29, 2009 August 2009 > www.mbausa.org > 21
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Extreme Makeover: Home Edition EXCLUSIVE FEATURE on the Maleno Family-to-Family Fund coming in September’s magazine! Approximately 1,800 volunteers worked 106 hours to transform the Ward home in Erie.
Business Community, Volunteers Pitch In For An ‘Extreme’-ly Good Cause The chant, “MOVE THAT BUS! MOVE THAT BUS!” could be heard for several city blocks as more than 2,000 onlookers lined East 21st between Reed and Ash Streets on July 2 for the final reveal of ABC’s Extreme Makeover: Home Edition project in Erie.
Photo courtesy Heather Neckers
Photo courtesy Rachel Lusky
Clara Ward (center) and her family.
The house was rebuilt from the ground up.
Photo courtesy Mike Gallagher
Through the newly established Maleno Family-toFamily Fund, the Maleno family will help support further revitalization projects in the area.
The endeavor, which was a joint effort between ABC’s Makeover team and local developer, Maleno Development, brought together the support of more than 185 businesses and over 1,800 volunteers, working 106 hours, for one common purpose: to rebuild a crumbling two-story home belonging to one of Erie’s most deserving residents, Clara Ward and her family. Ward, who faced financial hardships and currently suffers from a degenerative muscle disease that requires her to use a wheelchair, has devoted her life to organizing food drives, tutoring, giving cooking lessons and arranging field trips for the underprivileged children in her neighborhood at her home-based Youth Development & Family Center. With just one-week to pull it all together, the project employed hundreds of subcontractors, suppliers, and both skilled and unskilled workers, who worked 24 hours a day to complete the home. By the end of the week, the house was transformed into a brand new 3,700-square foot twobedroom, four-bathroom dwelling, complete with two kitchens and a basketball court, to help Clara continue her work with children. In fact, several area businesses made donations to the center, including an incredible $100,000 in scholarship money from nearby Mercyhurst College, as well as various gift certificates, games and entertainment packages, adding to the magic of the moment, which will air in prime time on ABC Sunday in the near future. “I couldn’t believe it. I mean they did it in such a short time; it is so beautiful,” said Ward, shortly after the unveiling. “I think I’m in fantasy land, like Alice in Wonderland, Cinderella in her castle,” she said. “… It really is amazing.” Added John Maleno, founder and president of Maleno Development, “We were thrilled to give back to our community and to support a family that needs help in these difficult economic times.” But the project is not a one-time effort for the Maleno family, which has established the Maleno Family-to-Family Fund to support further renovation projects for deserving families in the region. For more information or to donate, visit the Web site www.malenoextremehome.com. An exclusive feature on this fund and the business support of the Extreme Makeover project will be published in September’s Business Magazine.
Photo courtesy Heather Neckers
August 2009 > www.mbausa.org > 23
Legal Q&A WE HAVE AN EMPLOYEE GOING TO MEXICO FOR A FUNERAL. CAN WE ASK IF THE DEATH WAS CAUSED BY THE H1N1 SWINE FLU? While it is not unlawful to ask an employee the nature of the death, it is also not necessary and could be an action that leads to a discrimination claim. The Civil Rights Act protects employees from employment discrimination based upon national origin. Singling out employees with family members in Mexico and treating them differently could start the careless employer down the path to a discrimination claim. The real issue at hand is not whether the family member died from the swine flu, but if the employee has been exposed or has symptoms. This could come from the plane ride or close contact with anyone infected (family
member or not), but not from the deceased. Therefore, it is not recommended that the employer ask for this information. Rather, the employer should review guidance from the Centers for Disease Control and the Occupational Safety and Health Administration. WE HAVE AN EMPLOYEE WHO IS A DIABETIC. SHE MUST SELF ADMINISTER SHOTS DURING WORK HOURS. DO WE HAVE TO PROVIDE HER WITH A WAY TO DISPOSE OF THE NEEDLES? OSHA’s Bloodborne Pathogens Standard applies only to occupational exposure to blood. The standard does not require an employer in a nonhealth care environment to provide a “sharps container” to an employee who uses needles and syringes for personal therapeutic reasons.
You may be wondering if the Americans with Disabilities Act (ADA) requires employers to provide a sharps container as a reasonable accommodation. Much as the ADA does not require employers to provide a vision-impaired employee with glasses, employers are not required by the ADA to provide a sharps container to employees. Reasonable accommodations are adjustments or modifications to the workplace or the job provided by an employer to enable people with disabilities to enjoy equal employment opportunities. Regardless of the absence of a statutory requirement to provide this employee a sharps container, it is certainly prudent for the employer to ensure the proper disposal of used needles and syringes.
Short-Term Training… Long-Term Results. The Regional Career & Technical Center is a leading provider of quality career and technical training programs for adults. We offer a wide variety of courses, affordable tuition and convenient class schedules. RCTC specializes in customized training that is tailored to meet the needs of your organization. From entry-level to advanced training, let RCTC develop a program for your employees based on a time frame, location and schedule that best suits your requirements. Visit www.ects.org/rctc for a complete course schedule or call 814.464.8601 for more information.
Register for classes August 17 – 28. Classes begin the week of September 7. Program offerings include: ÕÌ Ì ÛiÊ/iV } iÃÊUÊ Õà iÃÃÊ*À V « iÃÊUÊ «ÕÌiÀÊ/À> }ÊUÊ ÃÌÀÕVÌ Ê/À>`iÃÊUÊ À>vÌ }ÊEÊ ià } Ê 6 ÊUÊ `ÕÃÌÀ > Ê/iV } iÃÊUÊ > Õv>VÌÕÀ }Ê/iV } iÃÊUÊ i` V> Ê/iV } iÃÊUÊ7i ` }
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24 < www.mbausa.org < August 2009
DEPARTMENTS > Contact: John Onorato
Take Steps to Protect Personal Employee Information Employers need to take steps to ensure that they have reasonable safeguards in place to protect personal employee information from inadvertent leaks to outside sources. It is your duty to: 1) develop policies and processes that govern the handling and sharing of personal employee information that is in your possession; 2) train on the policies; and 3) enforce the policies. At a minimum, your policy should guard against identity theft and protect employee medical information. Identity theft has become one of the countryâ&#x20AC;&#x2122;s top consumer fraud issues. Every employer maintains records that are of great value to those who would engage in this illegal activity. Likewise, employers need to make sure that every employeeâ&#x20AC;&#x2122;s medical information is kept private, as well
as any information they may have regarding spouses and dependents. All employers should audit the processes that protect the confidentiality of such employee information. Where processes are found to be deficient, new safeguards should be implemented and security measures undertaken to periodically evaluate the safeguarding of these records. As part of this audit process, employers should include a review of what employee information is maintained, and how it is shared with others â&#x20AC;&#x201D; both internally and externally. Concurrently, the audit should look at whether such employee information is really required for business operations or merely â&#x20AC;&#x153;nice to have.â&#x20AC;? Employers should take every opportunity to eliminate information
that is found to be unnecessary. As a final piece of the audit process, it is recommended that an organization communicate the processes that govern such information to employees within the organization. For assistance with these policies and procedures, contact the HR & Legal Services Division at 814/8333200, 800/815-2660 or jonorato@ mbausa.org.
Attorney John Onorato is the vice president/general counsel at the Manufacturer & Business Association. He assists member companies with their legal needs and HR questions.
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Legal Brief
EDITORIAL > by W. Patrick Delaney
The Duty to Act Fairly We have written several times in this column about the obligations that the law imposes on those who manage or control a business enterprise. Those obligations, collectively referred to simply as “fiduciary duty,” require that people engaged in business act with loyalty and fairness relative to co-owners or partners.
purchaser for Duley’s interest and found Offutt. Dewees and Herring told Offutt that 24.5 percent of the venture could be purchased from Duley’s estate for $25,000. (What was to happen to the other 0.5-percent interest that Duley owned is not clear.) Offutt was not willing to come up with such a large sum but did offer to invest $10,000.
In imposing these obligations, the law is not acting out of some vague notion of morality. Rather, the law understands the larger issues involved. Our standard of living (for both owners and workers) is based in large part on the success of business enterprises. To succeed, those enterprises frequently need to pool the capital of a variety of individuals. The minority shareholder, the passive investor, and the silent partner, are vitally important to the process of business formation and success. To be encouraged to part with their money and take this backseat role, the investor must be confident that he or she will be treated fairly, and that those in control will act with loyalty. When there is a lack of fairness or a breach of loyalty, the courts should, and in most cases will, intervene.
Dewees and Herring then arranged to purchase the 25-percent partnership interest of the late Duley for themselves. However, instead of paying $25,000 for such interest, they quietly paid Duley’s estate $14,000. They then turned to Offutt and transferred a 10-percent interest to him for $10,000. In this fashion, Dewees and Herring were able to increase their own interest in the venture at very little cost. In addition, they failed to tell Offutt, their new “partner,” that he could have purchased his 10-percent interest directly from Duley’s estate at a much lower price. It was five years later, during the course of unrelated litigation, that Offutt learned the true facts. He promptly filed suit, claiming Dewees and Herring had breached their fiduciary duty; that is, their duty to act fairly.
These fiduciary duties are considered so important that they are often seen as extending beyond the mere operation of the business, but also to the transactions in which partners or investors enter or exit the enterprise. Consider the case of Herring et al. v. Offutt, 266 Md. 593 (1972), which deals with claims brought by a Mr. Offutt after he invested in an existing partnership.
Dewees and Herring put forth two significant arguments in their defense. First, they claimed that their prepurchase discussions with Offutt occurred before any fiduciary duty ever arose. These negotiations, they asserted, should be judged by the principle of “buyer beware.” An emphatic “No!” said Maryland’s highest court, adding:
In the 1960s, four men had formed a partnership for purposes of developing real estate in Prince George’s County, Maryland. One of the partners, Mr. Duley, died owning 25 percent of the venture. Two of the surviving partners, Mr. Dewees and Mr. Herring, sought a
“[T]he principle of utmost good faith covers not only dealings and transactions occurring during the partnership, but also those taking place during the negotiations leading to the formation of the partnership.” Herring et al. v. Offutt, 266 Md. at 597. Second, Dewees and Herring argued
that Offutt’s claim was barred by Maryland’s three-year statute of limitations. After all, five years had passed since the transaction had occurred. The Court disagreed, noting that the statute of limitations is extended when the plaintiff (Offutt) has been kept in ignorance by the defendants (Dewees and Herring). But, Dewees and Herring argued, the truth could have been discovered long ago if Offutt had simply looked at the public records in the county courthouse concerning the Duley estate. The Court refused to accept the argument. Instead, the Court declared that because partners owe a fiduciary duty to one another, a partner has a right to relax his or her vigilance and rely on the good faith of the other partners. Quite simply, a partner has no duty to be suspicious of a fellow partner. Thus, even the formative stage of a business enterprise is cloaked with this fiduciary duty — this obligation to act with loyalty and fairness. By enforcing this duty, the courts serve society’s larger interests. For more information, contact Pat Delaney at MacDonald, Illig, Jones & Britton LLP at 814/870-7658 or pdelaney@mijb.com. W. Patrick Delaney is a partner in the law firm of MacDonald, Illig, Jones & Britton LLP, where he is chairman of the firm’s Commercial Litigation Group. He is a 1976 graduate of Capital University Law School. His practice focuses on issues of business litigation in the state and federal courts throughout western Pennsylvania.
August 2009 > www.mbausa.org > 27
Events
2009 BIKE RALLY ERIE, PA JULY 16, 17 & 18
Rally proceeds benefit Operation Enduring Freedom and Operation Iraqi Freedom veterans and their families. For more information and additional photos, visit www.roarontheshore.com.
Roar on the Shore Chairman Seth Tuttle welcomes American Thunder’s Michele Smith to Roar to the Vineyards.
Thousands of bikers and bike enthusiasts packed The Hub in Perry Square for the kickoff of Roar on the Shore® with Rock of Love Bus star Bret Michaels.
Christina Scavella was crowned this year’s Miss Roar on the Shore.
Grand Marshal Bret Michaels and Rock of Love Ride Raffle Winner Karen O’Neal led the bike parade down State Street.
Susan and Kelly Lapping picked the winning ticket for the Harley-Davidson raffle. Harley-Davidson of Erie was a major sponsor of this year’s Roar rally. Almost every make and model of bike could be seen along the parade route.
A biker brings his faithful four-legged companion along for the ride.
Richard Knight of Presque Isle Downs & Casino presents a donation on behalf of the casino, which Michaels pledged he would match. The Presque Isle Downs & Casino parking lot was filled with bikes for the annual Bringin’ in the Roar Bike Parade.
28 < www.mbausa.org < August 2009
Bikers take a moment to remember our troops, during the Pledge of Allegiance.
The American Belles performed and visited with VA patients.
Rock ‘N’ Roar Concert headliner Warrant.
EVENTS > Contact: Karen Torres
Erie Mayor Joe Sinnott presented Medal of Honor Recipient Gary Wetzel with a key to the city for his heroism.
Legendary bike builder Arlen Ness with a local soldier.
A banner in The Hub welcomed riders to the 2009 rally. Northwest Savings Bank, New Concept Car Wash, Passport Companies, Erie Insurance, the Erie Times-News and Malin Bergquist & Company sponsored Saturday’s concert.
Veterans Affairs administrators Dr. Michael Adelman and Joseph Williams Jr., American Thunder’s Michele Smith, Patriot Ride Co-Grand Marshals Gary Wetzel and Arlen Ness, and Brian Fuller Jr. at The Patriot Ride.
Michele Smith presented trophies to the 2009 Bike Contest winners outside The Cellblock.
Led Zeppelin tribute band Zoso kicked off the Rock ‘N’ Roar Concert before thousands of fans.
August 2009 > www.mbausa.org > 29
You deal in real estate. We help you stay on solid ground. At the Quinn Law Firm, we offer substantial real estate and finance services with your individual needs in mind. Our knowledgeable attorneys serve a broad spectrum of clients— from the nervous first-time homebuyer to the sophisticated lender or developer. We pride ourselves on offering a full-range of high-quality, timely and fairly priced services including: • Purchase, sale, leasing and financing of residential and commercial real estate • Residential, commercial and condominium development • Corporate and commercial borrowing and lending • Zoning and land development • Title insurance and abstract services To learn more about our comprehensive Real Estate & Finance services, contact us today.
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Living Well
EDITORIAL > by Kathryne Buege, D.O.
Occupational Medicine: A Key Element of Employees’ Safety and Well-Being Most employers understand the benefits of establishing an occupational health program — prevention of work-related injuries, increased productivity, and decreased lost work time due to absence or injury. All these factors are substantial reasons for employers to invest valuable resources in the implementation of an occupational health program. However, most importantly, employers also should look at a strong occupational health program as a crucial element of their responsibility to their employees’ safety and well-being. Occupational medicine focuses on recognizing and effectively responding to the unique needs of the employment community. A successful occupational health program revolves around open communication with employers and insurance providers while treating injured workers to get them back to functionality quickly and efficiently. It also includes programs for wellness, injury prevention and ergonomic evaluation. Treating Work-Related Injuries Some of the most important aspects of an occupational health program include communication and a commitment to personal attention. The goal of an occupational medicine provider is to accommodate the best interests of both the employer and the injured worker. In order to effectively achieve that outcome, a work-related injury is addressed when and where it occurs, the individual employee’s ability to remain functional in his/her job is assessed, and the occupational health provider makes every effort to return the injured employee to work as soon as medically possible. Throughout this process, the provider also should keep the employer informed of the employee’s progress and work status. Wellness and Injury Prevention Occupational medicine often includes more than just treating work-related
injuries. It also is important to have programming in place that will address potential issues before they become major productivity problems. Especially with the aging work force, wellness and prevention can contribute to a healthier, more productive company. Preventative measures can include standard physical examinations for preemployment and fitness for duty. Various types of drug and alcohol screenings also can fall under this category of services — random, reasonable suspicion, postaccident (24 hours), return to duty and follow-up. However, other prevention programs are dedicated to maintaining a healthy work force through blood pressure, cholesterol and diabetes screenings. Employees also can have access to smoking cessation and healthy back programs, as well as health education regarding fitness, nutrition, proper stretching techniques and stress relief among other topics. Ergonomic Evaluation: Manufacturing and Nonmanufacturing Ergonomics refers to the effect of the work environment and job tasks on an employee. It addresses the most efficient and safe use of energy in one’s work setting and can include safe lifting techniques, proper posture, appropriate seating position and adaptive equipment. Occupational health experts have experience in appropriately designing the workplace to fit the worker to ensure the most optimum level of safety, productivity and performance. Proper ergonomic design is important in both manufacturing and nonmanufacturing settings. It is necessary for the prevention of repetitive strain injuries, which can develop over time and lead to long-term disability. Ergonomic evaluation of work stations can help employers reduce costs by improving safety, and thus decreasing the
amount of money paid out in workers’ compensation. Serving the Unique Needs of Employers Some employers are unaware of the full scope of services typically offered through a comprehensive occupational health program. In reality, an effective occupational health program includes easy access to the services discussed above and more. Also, the expertise of occupational medicine specialists is invaluable to an employer. They have the experience necessary to provide specific instruction to companies on how to improve the health and wellness of their employees, which can lead to numerous benefits for any organization. All of the services listed above are available at The Occupational Health Center, a division of Saint Vincent Health System, along with an onsite, fullservice one-stop-shop for physical and occupational therapy and X-ray services. If you’re interested in occupational health programming for your employees, contact the Center at 814/452-7879, or visit www.saintvincenthealth.com/ occhealth/ for more information.
Medical director for The Saint Vincent Occupational Health Center, Kathryne Buege, D.O., is a board-certified family medicine physician and Medical Review Officer. Dr. Buege practiced as an urgent care and occupational medicine physician at Memorial Hospital in Colorado Springs, Colorado, and also has practiced locally in occupational medicine, emergency medicine and urgent care.
August 2009 > www.mbausa.org > 31
People Buzz ERIEZ ANNOUNCES PROJECT MANAGER PROMOTION Eriez, a world authority in advanced technology for magnetic, vibratory and inspection applications, headquartered in Erie, announced that Mike Shattuck has been promoted to the position of project managerHeavy Industry. Shattuck is already involved with resource recovery projects, particularly those involving the new line of ProSort, FinesSort™ and EcoTowerSort™ Metal Recovery Systems. In his new role, he will now handle other projects in the Heavy Industry Division pertaining to processing and equipment systems. MACDONALD ILLIG LAW FIRM WELCOMES NEW ATTORNEY J.W. Alberstadt, Jr., has joined the law firm of MacDonald, Illig, Jones & Britton LLP, with more than 30 years of experience representing individuals and organizations in real estate, commercial and economic development, conventional and tax-exempt financing, and estate planning. Alberstadt joins the firm as a partner and will co-chair the real estate practice group. He also will be a member of the business transactions and trusts & estates practice groups. STUMPF CHOSEN AS PRO BONO ATTORNEY OF THE YEAR The Erie County Bar Association and Northwestern Legal Services have selected Attorney Colleen Stumpf as this year’s Pro Bono Attorney of the Year. Attorney Stumpf is a 32 < www.mbausa.org < August 2009
graduate of the Dickinson School of Law, and was admitted to the practice of law in Pennsylvania in 2006. She is currently an attorney with The Quinn Firm where she concentrates in the areas of business law, estate planning, elder law and transactional issues. During 2008, Attorney Stumpf devoted over 80 hours of pro bono representation and counsel to lowincome clients in Erie County. She closed three cases during the year; one case involved a guardianship, and the other two cases involved wills and estate issues for lowincome clients. ADVANCED FINISHING PRESIDENT NAMED TO BUILDING COMMITTEE Gregory Yahn, president of Advanced Finishing USA and ArchiTexture Finishing in Fairview, recently participated in the Green Building Alliance Network Committee. The committee is part of the Green Building Products Initiative being promoted by the Green Building Alliance of Western Pennsylvania (GBA). STAIRWAYS BEHAVIORAL HEALTH MAKES ANNOUNCEMENTS Stairways Behavioral Health in Erie has announced that: Becky Clark, LSW, CPRP, has been named president-elect of the Pennsylvania Association of Psychosocial Rehabilitation Services (PAPSRS). PAPSRS is an organization dedicated to the promotion and improvement of the range of services and approaches that facilitate the recovery of persons with psychiatric disabilities. Clark currently serves as admin-
EDITORIAL > Contact: Karen Torres
istrative director for Psychiatric Rehabilitation at Stairways. Attorney Mike Lawson has accepted a fulltime position as the director of Human Resources. Lawson has served as a long-time consultant with Stairways partner, Deerfield Behavioral Health. Richard C. Gacka, Ed.D., was awarded the 2009 PAACE Outstanding Adult Educator at the 44th Annual PAACE Midwinter Conference on Adult Education, the largest gathering of adult educators in Pennsylvania. Gacka was selected by past award winners for his outstanding contribution to the development of adult education across the Commonwealth. NORTHWEST PROMOTES HUYA TO SENIOR VPSPECIAL ASSETS Dean Huya has been promoted to senior vice president, Special Assets and Workout, at Northwest Savings Bank. In his new position, he has the responsibility for overseeing collections, restructuring, litigation, and liquidation efforts related to troubled commercial loans and related assets and formulates and implements strategies to reduce and manage risk loss for the bank’s portfolio. Huya joined Northwest Savings Bank in 1986 as a member of the bank’s Audit Department. In 2000, he became manager of the Special Assets Department.
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