The Enterprise-Utah's Business Journal by Vaughn Taylor

UTAH’S BUSINESS JOURNAL www.slenterprise.com

THIS WEEK

Sept. 12-18, 2011

New Draper building to become home to Hoopes Vision

D.A. Davidson opens investment banking office New branch is located in downtown Salt Lake. See page 3.

• Industry Briefs • Begin on page 6.

Focus Special

R e p ort Eye Care

Begins on page 11.

• Calendar • See page 16.

Artist's rendering of the new Hoopes Vision building, to which the eye surgery center will relocate next summer. By Barbara Rattle The Enterprise Ground is scheduled to be broken in early October for a 58,000 square foot building that will be two-thirds occupied by an expanding Hoopes Vision, now based in Sandy. PEG Development, Orem, will develop the three-story structure, to be located at 11874 S. State St. Beecher Walker Architects has designed the structure, which will be built by

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Volume 41, Number 7

GP Construction. The building should take about 10 months to complete, said Robert Schmidt, PEG’s director of development. Hoopes Vision will occupy the first two floors of the new building; the third level will be available for lease. Lease rates for the third level have not yet been determined. Tricia Thomson, administrator at Hoopes Vision, said the Draper facility will serve to

Ten years after 9-11, industry experts say uncertainty remains By Brad Fullmer The Enterprise The 10-year anniversary of the Sept. 11, 2001 attacks on New York City’s World Trade Center and the Pentagon in Washington, D.C., have sparked intense feelings nationwide, with most people able to recall exactly where they were when they first got word of the devastating terrorism that occurred on U.S. soil and claimed some 3,000 lives. From a business perspective 10 years ago, the nation was already sliding into an economic recession; the aftermath of 9-11 only hastened what ultimately would have happened anyway, according to local economists and business association leaders. Ten years later, the U.S. finds itself in the throes of a crippling

economic recession, a perfect storm of ongoing Middle East wars, a stagnant housing market, high unemployment rates and ineffective federal government leadership. In Utah, the past decade has been marked by drastic economic ebbs and tides. From 2005-07, most business sectors were booming; once the real estate bubble burst and the bottom fell out of the housing market, the last three years have been paralyzing for many. The question seemingly on everyone’s mind is, are we better off now economically than we were a decade ago? Or are even more troubling times still ahead? “There is a lot of uncertainty with the economy,” said see 9-11 page 2

Planet Fitness to open gyms in Orem, SLC on November 1

see HOOPES page 5

Logan-based Chem-Dry parent sold to private equity firm Logan-based Harris Research Inc., parent company to the ChemDry chain of carpet and upholstery cleaning franchise, has been sold by The Home Depot Inc. to Chicago-based Baird Capital Partners, the U.S.-based buyout fund of Baird Private Equity. Chem-Dry brand is the world’s largest provider of carpet and upholstery cleaning services, with approximately 4,000 franchises worldwide. Chem-Dry will continue its lead generation program with The Home Depot. Another business unit of Harris Research, N-Hance — a wood cabinet and flooring renewal service — has more than 200 franchises. N-Hance is part of The Home Depot’s kitchen renovations offering and will continue to be available through The Home Depot retail locations in the United

States and Canada, as well as directly to consumers. “We are excited to partner with Harris Research and to continue building on its successful franchise model, the strength of its brands and the partnership with The Home Depot,” said Randy Mehl, a Baird partner who will join Harris Research’s board of directors. “Harris has an impressive history of product development and world class technology and we believe our operating talent and global resources will help support the company’s growth.” “We are looking ahead to new opportunities that build on our solid foundation of innovasee CHEM-DRY page 5

The new Planet Fitness facilities will be owned by a Logan firm that operates five other locations in Utah and Idaho. City. Planet Fitness Intermountain By Brad Fullmer (PFI) operates five other Planet The Enterprise Logan-based Planet Fitness Fitness gyms in Utah and Idaho, Intermountain will open two new in addition to two large health Planet Fitness gyms Nov. 1 along clubs – the 100,000 square foot the Wasatch Front, according to Apple Fitness Center in Idaho Falls and the 130,000 square foot managing partner Keith Larsen. The first tenant improvement Sports Academy and Racquet project is a $1.6 million, 21,000 Club in Logan. Larsen said the new gyms square foot facility at 157 N. State in Orem; the other is a $1.5 mil- will increase the company’s botlion, 18,000 square foot project in tom line by between 20 and 30 the Canyon Rim Shopping Center see FITNESS page 5 at 3175 E. 3300 S. in Salt Lake

Sept. 12-18, 2011

The Enterprise

Study: SL home inventory remains in balance Job growth and positive signs in the housing market indicate potential improvement in 2011 in the greater Salt Lake area, according to a recent report by Metrostudy, a national housing data and consulting firm that maintains the most extensive primary database on residential construction in the U.S. housing market. “While the economy continues to struggle in many markets across the country, the Greater

Salt Lake economy remains one of the strongest in terms of job growth,” said Eric Allen, director of Metrostudy’s Greater Salt Lake division. Annual new home starts for the Greater Salt Lake market totaled 4,339 as of the second quarter, which is a 12.3 percent decrease compared to the 5,306 at this time last year. “Now that the expiration of the tax credit is nearly a year behind us, it is not surprising that new home starts

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remain low,” said Allen. “The market should be reaching bottom again, in terms of production, and should start to see slight increases as we move forward.” There have been a total of 5,081 new homes closed over the past 12 months, which is also a decrease of 17.8 percent compared to last year’s pace. “While annual closings did not experience the same increase as starts during 2009-2010, they have remained above starts, which has helped new home inventory remain in balance,” Allen said. New home inventory for detached product in the Greater Salt Lake market has increased for the past three quarters to 2,000, a 6.7month supply. Finished vacant home inventory has decreased every quarter since the peak in the fourth quarter of 2007, when there were 2,988 finished homes to a current total of only 615, only a 2.1-month supply. “Home buyer activity has improved when compared to last year at this time,” said Allen. “This trend indicates homebuilding may improve earlier rather than later, leading us to believe that 2011 should improve at least slightly over 2010.”

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9-11

from page 1 Rich Thorn, president/CEO of the Associated General Contractors of Utah. “We’re coming off three consecutive tough years [in construction], and I don’t think the next two years will be much better, but there are signs of things turning around in some sectors. Congress has to make key decisions and play nicely. We can’t hear the continued rhetoric on things like raising the debt ceiling — it has a negative impact on the economy.” Construction is one of several key markets that help define the state of any economy. Other key segments include banking, trucking, retail and manufacturing, among others. Local executives from those markets remember 9-11 well, and the impact of that day. “The past 10 years is a case study in extremes,” said Howard Headlee, president of the Utah Bankers Association. “We’ve gone from the best of times to the worst of times economically, and unfortunately, in the up years, a lot of people knew that something was wrong, they just couldn’t put their finger on it.” Headlee, who has been at his current post for 15 years, said the banking industry as a whole was prepared for the aftermath. “The biggest reaction I saw locally was savvy business professionals, the effort and emphasis on, ‘OK, what would I do, how would our business fare?’ We began in earnest in the banking industry to organize ourselves with other major industries — utilities, construction — to have a sophisticated interrelationship in case of any kind of future disaster, terrorist or natural disaster. We are better prepared to deal with the disruption. More and more businesses are taking time to focus on that. Economically, the economic cost of these types of disruptions can be enormous.” Security was perhaps the biggest concern among all economic sectors. “The biggest change I see

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THE ENTERPRISE [USPS 891-300] Published weekly by Enterprise Newspaper Group Inc. 825 N. 300 W., Suite C309, Salt Lake City, UT 84103 Telephone: (801) 533-0556 Fax: (801) 533-0684 Web site: www.slenterprise.com. For advertising inquiries, e-mail david@slenterprise. com. To contact the newsroom, e-mail barbara@ slenterprise.com. Subscriptions are $55 per year for online only, $65 per year for print only and $75 per year for both the print and online versions. or $1.25 per copy. Opinions expressed by columnists are not necessarily the opinion or policy of The Enterprise Copyright 2011 Enterprise Newspaper Group Inc. All rights reserved Periodicals postage paid at Salt Lake City, UT 84199. POSTMASTER: Send address corrections to P.O. Box 11778, Downtown Station, Salt Lake City, UT 84147

ongoing is the nation’s security issue,” said Tom Bingham, president of the Utah Manufacturers Association. “You used to walk into a manufacturing plant with no concerns. Now someone needs to escort you. It’s hard to evaluate how effective it is, but everyone has a heightened state of security, particularly in areas that may involve government contracts or other sensitive things.” “There weren’t any many major changes, other than a renewed concern about travel and greater airline security,” said Jeff Thredgold, chief economist for Zions Bank. “I remember the way it impacted the industry,” said Thorn. “The construction industry had to step up to help enhance security systems. 9-11 changed how we do business, especially in how buildings are built, the amount of security required. There is a lot more thought into the structural component of buildings, for the building itself and the people who inhabit those buildings. We cherish and value our freedoms, but people are willing to give up some individual freedoms for the sake of protection of people.” Moving Forward In 2001, Utah had an overall unemployment rate of 4.8 percent; currently, it’s at 7.5 percent, according to the U.S. Department of Labor. According to Mark Knold, chief economist for the Utah Department of Workforce Services, that number is primarily the result of the residential housing crash. “In terms of what we lost, we have not gathered it back,” said Knold. “We lost around 80,000 jobs, plus we did not create 20,000 jobs we didn’t create for new entrees into the labor force,” said Knold. “We’re anticipating job growth as we move into 2012, but not at a level that we feel comfortable with in terms of making a dent in what we lost. That won’t happen in 2012.” Construction unemployment remains a major concern; it’s at roughly 18 percent currently, said Thorn. He believes that will stay the same until the residential housing market rebounds. “It will likely be several years,” said Thorn. “There is still a lot of inventory, still foreclosures. The residential market is a big driver in what happens in the commercial field.”

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D.A. Davidson opens investment banking office in downtown Salt Lake City D.A. Davidson & Co., a Montana-based full service financial services firm, has expanded its investment banking division and opened a new office in Salt Lake City. The Salt Lake City office will be led by Daren Shaw, managing director of investment banking at D.A. Davidson & Co. Shaw is being joined by Samuel Orme, principal, and Geoffrey Loos, associate, both of whom have relocated to the Salt Lake City office from D.A. Davidson’s Portland, Ore. branch. “Utah is a key market for D.A. Davidson & Co., and we are excited to have three experienced bankers to open the new office,” said Brad Gevurtz, head of invest-

The Enterprise

Sept. 12-18, 2011

ment banking for D.A. Davidson & Co. “Utah’s pro-business and entrepreneurial climate will continue to foster companies’ needs to raise capital and pursue merger and acquisition strategies. “D.A. Davidson has worked with a number of Utah’s leading public and private companies over the past decade, such as EnergySolutions, Zions Bancorporation, Franklin Covey, Altiris, Grant Victor, TimeShareWare, Sorenson BioScience and MITY Enterprises. We are eager to further expand our presence and deal flow in Utah. By having a stand-alone, fully staffed investment banking office in Salt Lake City, D.A. Davidson will be better positioned to offer

quality professional services to Utah companies, which we believe have been under-served from the lack of investment banking firms in the region.” Founded in 1935, D.A. Davidson & Co. holds $23 billion in client assets under management and serves clients nationwide from offices in 16 states. D.A. Davidson’s Investment Banking Group, headquartered in Portland, provides full-service underwriting and advisory services for mid-size and growing companies, including public offerings, mergers and acquisitions and private placements. The Salt Lake City office is located at 175 S. Main St., Suite 850.

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Meal manufacturer to move HQ to Salt Lake City

Wise Co., a Centerville-based manufacturer of ready-made, freeze-dried and dehydrated meals for outdoor use and emergency preparedness, is moving its headquarters to Salt Lake City. The firm, founded in November 2008, has leased 10,000 square feet at 3676 W. California Ave., and should take occupancy of the space by Oct. 1, said president and CEO Brian Neville. Some sales and marketing personnel will remain in Centerville, but

the majority of the team, as well as corporate headquarters, will move to the new Salt Lake City location. Neville said business is doing well and the company wanted to be based nearer its 40,000 square foot manufacturing facility, which is situated just of the Bangerter Highway. Neville said Wise Co. employs about 80 people. Wise-brand products can be found at retailers such as Cabela’s

Not yet a year old, a Park City-based intellectual property law firm is preparing to launch a Salt Lake area office. Maschoff Gilmore & Israelsen, founded in January by three attorneys who formerly were shareholders at Workman Nydegger in Salt Lake City, has leased roughly 3,500 square feet at 1010 N. 500 E., North Salt Lake, and should take occupancy of the space around Oct. 1, said Eric Maschoff, one of the firm’s founders. The office initially will be staffed by seven attorneys and five or six staff. The Park City office is of a similar size. “We’re growing a little bit faster than we anticipated,” Maschoff said. “We wanted to have a Salt Lake presence eventually; it just happened a little quicker than we thought.” The firm’s success is the result of a confluence of events, Maschoff said. “We had a very good core set of clients that came with us, all of whom are continuing along their path in the IP area, so we’re kind of growing along with them,” he said. “We’ve also been quite successful in securing some new clients over the past eight months. Insofar as we are in a lower cost of living area, we have attractive

billing rates as opposed to the coastal firms. Clients are much more sensitive to costs and we have an advantage in that respect. We also have a really good team.” Within six months, the firm will likely add two more attorneys — either recent law graduates or lawyers already in practice — to keep pace with the workload. Richard Gilmore and R. Burns Israelsen are the other founding partners. The firm leased its North Salt Lake space with the assistance of Chris Falk of NAI West.

Fledgling Park City law firm to open North Salt Lake office

and Sportsmans Warehouse as well as at hundreds of wholesale locations nationwide, Neville said. The firm also manufactures products for others, including Logan-based Camp Chef. Neville said roughly 70 percent of the Wise Co.’s business involves emergency preparedness products. The remainder is geared toward outdoor use. All the company’s products come in either pouches (canned products can lose their nutritive value) or flip-top buckets (which are durable and waterresistant.) Wise Co. leased its new location with the assistance of Travis Healey and Tom Freeman of Commerce Real Estate Solutions.

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The Enterprise

Sept. 12-18, 2011

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HOOPES from page 1

consolidate and expand Hoopes’ existing facilities — headquarters in Sandy and a satellite facility in Murray. The Sandy practice encompasses about 20,000 square feet. “We have far outgrown our space,” she said, noting roughly 56 full-time employees will make the move next summer. The main level of the new building, Thomson said, will house the firm’s ambulatory surgery center, which is a state-licensed, Medicare-approved facility that will have its own entrance. Also on the main floor will be a full laser

CHEM-DRY from page 1

tion, entrepreneurship and local franchisee support,” said Craig Donaldson, CEO of Harris. “Baird is a great partner as we work to advance this business into the future.” Chem-Dry has been ranked by Entrepreneur magazine for 21 years in a row as No. 1 its in category. Chem-Dry also earned an award from Franchise Direct as one of the top 100 global franchises. Harris was formed by Robert Harris, who, has a young man working his way through law school in the early 1970s, was a carpet cleaner unhappy with the performance of the cleaning

FITNESS from page 1

percent once they get up and running. “We’re currently doing about $12 million a year in annual revenues company-wide and the new gyms will do between $1 million and $2 million a year,” said Larsen, adding that PFI has been thriving during the economic recession. “We’ve had our best years over the past two or three years,” he said. “Exercise is a great stress relief, and we have a product that is $10 a month, which is a great deal for people during tough economic times.” Larsen said Planet Fitness offers a nominal entry fee to join, and requires no contract commitment from its clients, which also

The Enterprise

Sept. 12-18, 2011 suite where Hoopes will perform all its refractive procedures. On the second floor will be a full clinic. The Draper facility will be across the street from the site of a future St. Mark’s Hospital. The hospital currently operates a emergency center at the site. Hoopes specializes in providing a full range of eye care procedures, including LASIK eye surgery, IntraLASIK, cataract surgery and corneal transplants. The firm has performed more than 42,000 LASIK and refractive surgeries and more than 70,000 vision correction surgeries and more than three times as many IntraLASIK procedures than any other center in the area. products then available. He began looking for a better solution. His research stretched into years of studying the chemical properties of cleaning formulas and years of experiments that required cleaning areas of dirty carpets with one formula and then another. Eventually, Harris found his formula, a carbonated solution that not only cleaned but was also safe and non-toxic. In 2006, Chem-Dry was purchased by The Home Depot, forming a partnership between one of the world’s largest carpet retailers and one of the world’s largest carpet cleaning companies. Established in 1989, Baird Capital Partners invests in lower middle-market companies in the business services, manufactured products and health care sectors. helps explain its recent growth trend. “We cater to the average person; most of our clients are firsttime gym members,” said Larsen. Fred Green and Associates in Salt Lake provided architectural services, with Eagle, Idahobased Steed Construction serving as general contractor. Planet Fitness was founded in Dover, N.H., in 1992; there are more than 500 gyms nationally, all but 11 of which are franchise operations.

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The Enterprise

Sept. 12-18, 2011

• Industry Briefs •

BANKING • Bank of American Fork

has released an Android app that allows users to check account balances, view recent transactions and check images, transfer money between accounts, pay bills, and locate ATMs and banking centers on the go. The free (wireless carrier fees may apply) app is among the first mobile banking applications offered by a Utah community bank. • Goldenwest Credit Union, Ogden, has launched a new website at www.gwcu.org. The site features an online chat tool provides users with an option to communicate via instant message with member service representatives, along with loan calculators, rate sheets, stock quotes, and vehicles and properties available for purchase. Membership information, financial education information, media releases and credit union news are also available online.

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• Aviacode, a Salt Lake City provider of technologyenabled medical coding services, has appointed Lane Monson as chief operating officer. He brings 20-plus years of domestic and international experience in the business technology sector to the position. Most recently, Monson served as global senior vice president at Infor Global Solutions, where he helped double revenues for each of the past three years within one of that company’s fastest growing global organizations. Prior to that, he served as a group vice president for Oracle, with responsibility over OracleDirect Applications Sales.

chief financial officer/director of operations. He graduated with degrees in accounting and management information systems from Utah State University before joining an international accounting firm in Los Angeles. Hugie worked with this firm for 11 years in their Los Angeles, Phoenix and Salt Lake City offices. Hugie served the income tax, merger and acquisition and overall consulting needs of clients ranging from owner/ operator entities to large multinational companies. In 1999 he became a partner of a CPA firm located in Logan where he provided tax compliance and consulting services to clients of this firm. Among other large clients, Hugie worked with Cache Valley Electric as an outside advisor. • The Utah Orthopaedics Medical Office Building in Washington Terrace has received Platinum LEED certification. The building is one of only eight LEED Platinum buildings in Utah. Seventy-three Utah buildings have been LEED certified in four different categories, with Platinum being the top rating. GSBS Architects designed the structure.

CONSTRUCTION • Cache Valley Electric Co., Logan, has appointed Brett Hugie

• The Utah Safety Council recently honored Staker Parson Companies and its subsidiary companies Western Rock Products and Hales Sand & Gravel for their outstanding safety performance in 2010. Each company was presented with the Award of Merit, recognizing them as outstanding achievers for safety performance. The Award of Merit is also awarded to organizations that demonstrate improvement in lost time and incident rates and/ or maintain rates that are consistently below the industry average. Applicants for the award must also have safety programs that include a formal written safety and health plan, emergency plans, safety and

health inspections, safety trainings and employee safety committees.

EDUCATION/TRAINING • The University of Utah

has selected Bryan Ritchie to be the next director of its Technology Commercialization Office (TCO). Ritchie joins the U from James Madison College, a residential college that is part of Michigan State University, where he served as a professor of political economy with a focus on international relations, director of the Michigan State Entrepreneur Network and co-director of the Michigan Center for Innovation and Economic Prosperity. Ritchie’s first day on the job will be Sept. 14. The TCO manages the university’s intellectual property, which includes collecting invention disclosures, filing patents, licensing technologies and fostering startup companies. It has become a national leader in technology commercialization. • Charles “Chuck” Parker was recently named territory director of the Pacific Northwest region for The University of Phoenix, stationed in Salt Lake City. Parker previously worked as territory director in the South region based in Louisiana. Parker will oversee three managers and nine advisors in this capacity. He has more than 20 years experience in higher education; he earned a BA in English from Westfield State University.

LAW • Clayton J. Parr of the Salt

Lake City law firm of Parr Brown Gee & Loveless has received the Clyde O. Martz Teaching Award, established in 1993 by the Rocky Mountain Mineral Law Foundations’ board of trustees. It honors excellence in the teaching of natural resources law. It is not an annual award; it is given only when merited. Parr first taught at the University of Utah in 197778 when he served as a visiting associate professor to teach Legal Writing and Research. From 1994 to 2009 he regularly taught the Mining Law class as an adjunct professor. He also served for 20 years as professional advisor to the Utah Law Review. He participated as a member of the law school’s alumni board for many years, including a term as chair. Beyond his law school teaching contributions, Parr has given numerous papers and presentations at various institutes and seminars. • James S. Jardine, shareholder, has re-joined Ray Quinney & Nebeker’s Litigation Section after a three year sabbatical. Prior to his leave of absence, Jardine served as managing partner of Ray Quinney & Nebeker. Jardine’s practice focuses on prosecuting

The Enterprise

Sept. 12-18, 2011 and defending commercial litigation matters, and emphasizes complex business, antitrust, securities and intellectual property litigation.

MANUFACTURING • Ogden-based Setpoint Systems Inc., a lean automation solutions provider, has launched Setpoint Ammunition, a firm that allows consumers to create their own custom-built rifle cartridges by choosing the specific components to be used as well as

dictating the exact powder charge and overall cartridge length that best suits their needs. Setpoint Ammunition’s initial offering is limited to the popular long-range standard7.62x51/.308 WIN cartridge. Additional cartridge selections are expected to be announced in the near future.

MEDIA/MARKETING • KCPW, Salt Lake City, is adding a new local show to its daily programming lineup. “CityViews” will feature

conversations about news and events happening in and around Salt Lake City. Hosted by Jennifer Napier-Pearce, “CityViews” will tackle all topics local, from education and the arts to local politics, the environment, business and more. “CityViews” will air Monday through Thursday at 9 a.m. beginning Sept. 12. • Crowell Advertising, Salt Lake City, has created a new advertising campaign for Stonehaven Dental. With the messages: “Wake up to a new smile,” “Your

teeth miss us and we miss you,” “All dental services under one roof” and “Family dentistry in one visit,” the advertising will be seen on TV, billboards, online banners, e-mail, postcards, and on stonehavendental.com. • The Utah Office of Tourism has released for sale its 2012 Utah “Life Elevated” Official Scenic Calendar. Now in its 40th year, the annual award-winning publication highlights many of Utah’s iconic destinations, outdoor continued on page 9

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Sept. 12-18, 2011

The Enterprise

How I spent my summer vacation

I have fond memories of writing para- Resolve. Not a New Year’s resolution. graphs during the first week of early grade Real resolve to “do” in your daily life. school about how I spent my summer vaca- Reward. Give yourself the praise and tion. You do too. prize you deserve. After I got my business cards printed, Rekindle. Spirit and love ate the two vacations got shorter. Over the years they most powerful parts of your being. dropped from three months to three days, bet- My summer vacation started with four ter known as holiday weekends. Sometimes I incredible days at the Canyon Ranch Resort could get all the way to four days. in Tucson. Canyon Ranch is listed as a resort, But this summer, I decided to take more but resort may be the biggest understatement than six weeks of vacation. It created a trans- on the planet. formation of attitude, physical feeling and, Canyon Ranch embellishes all of the most important, freedom of thought. above “re” words. In fact, this article was When I say “vacation,” what words or inspired by our time there. Besides being images come to your mind? For most in a gorgeous setting, having great people it’s some combination of getaccommodations, five-star service, away, pack the kids in the car, go to and 10-star food, the Canyon Ranch the beach or go to the mountains. If is actually a healthy place to be, or you’re single, it’s probably a lot of should I say a healthy place to “re.” partying and carousing. Before you arrive, they interview Or you may think of a vacation you and question you to make certain as rest and relaxation (better known that you maximize the experience, as R&R). But the reality is, vacation and you can do everything there from should involve A LOT of “re.” define your diet, to exercise, to have Jeffrey Let me give you a few more “re” a medical exam, to take a photograGitomer words so you can see what the entire phy lesson. opportunity of vacation is: The Canyon Ranch walks are incred Relax. The original objective of vaca- ible because they provide an opportunity to tion. I have found it takes a day or three to see things you’ve never seen before, and to get into a real relaxed mode. Just let it happen take time to think about what was, what is, organically. Resting will help. and what might be. And as the days progress Rejuvenate. Get your youth back, both your thoughts become more open and more in thinking and feeling. expansive with respect to what could be. Revive. Decide what you want to bring Because Canyon Ranch is in the dessert, back to life and take action. you drink a lot of water. A LOT of water. Restore. Build back physical and mental Drinking water is a good thing. It cleanses the strength that may have gone fallow. body and it gives you an opportunity, an easy Reflect. Pause to think about people and opportunity, to begin cleansing your soul. things. I was fortunate enough to bring my Recall. Bring back events that changed traveling partner, Jessica, who provided daily your direction for the better. encouragement with respect to what to do Remember. Think about times and peo- next, and how to maximize our time. Jessica ple of the past that made you smile. and I have traveled about a million miles Rewind. Playback some events that you together, and while sometimes the travel is want to think about again. hectic, the landing is what it’s all about. And Repair. Physical and mental damage when someone is with you to share those gets worse unless you take positive action. events, it makes it that much more rewarding, Recover. Heal both mentally and physi- that much more special. cally – both by doing (exercise) and not doing I believe if someone in your life is not (nap, beach). there to challenge you daily, you tend to take Reconsider. Think about where you are the easiest path, rather than the best path. and the actions that got you there. Vacation is not a party. I know many Relearn. Vacation is the time to read people who come home from a vacation saybooks and expose yourself to what’s current ing, “I need a vacation!” They don’t get it. and what’s new. Take a vacation and re-create your suc Rediscover. By taking action on vaca- cess priorities. In these times, there are few tion, you’ll find old happiness anew. things more important. Refresh. Cold water on your face is how you may think of it. Now refresh your brain and your body the same way. Shake it out and Jeffrey Gitomer is the author of Social BOOM!, wash it out. Massage it out and exercise it out. The Little Red Book of Selling and The Little Gold Book of YES! Attitude. President of Walk it out and run it out. Charlotte, N.C.-based Buy Gitomer, he gives Reorient. Put yourself in a different seminars, runs annual sales meetings and frame of mind to clarify and justify your pres- conducts Internet training programs on sellent situation. ing and customer service at www.trainone. Relive. Go over the past few years and com. He can be reached at (704_ 333-1112 or ask yourself what could have happened differ- salesman@gitomer.com. © 2011 All Rights Reserved ent or better. Relieve. Take time to let stress go, and thereby have new and better thoughts come If you’re 50 or older, more easily. talk to your doctor about Revel. Love what you do. Love what colon cancer testing. you’re doing. Love who you’re becoming. No excuses, okay? Love who you are. And wallow in it while you relax. Reaffirm. Who you are, who you want to become, and what you intend to do. Hope. Progress. Answers. Recommit. To do whatever it takes to 1.800.ACS.2345 “become” at a higher level. ®

www . cancer . org

No-confidence vote

I have not been at all shy the Mae, noted recently that, “The heightpast year or so in demonizing the job ened market volatility has led busibeing done by the administration and nesses to question the durability of the the Congress in regard to damaging recovery.” He continued, “More firms the American economy. Their constant will likely stay on the fence with regard childish bickering and their primary to future hiring, increasing the chances focus on extreme partisan politics rather of outright job losses in coming months, than on the major challenges facing this and putting the odds of a recession in nation have not served America and its the coming year at a coin toss.” (latimes. citizenry well. com.) August Emotion Paul Ashworth, an economist at The month of August was charac- Capital Economics, noted, “The broad terized by an emotional political battle message is that even if the U.S. econoin regard to increasing the nation’s debt my doesn’t start to contract again, any ceiling, i.e., our need to issue expansion is going to be very, hundreds of billions of dollars very modest and fall well short of additional debt in order to of what would be needed to cover insatiable government drive the still-elevated unemspending. The possibility of this ployment rate lower.” (latimes. nation actually defaulting on its com.) already massive $14.3 trillion Perhaps most succinct is the national debt was hammered at cover story in the Sept. 5, issue Americans daily. of Fortune magazine. It is enti The downgrade of the tled “AMERICAN IDIOTS … quality of American debt by Jeff Thredgold How Washington Is Destroying Standard & Poor’s from its the Economy … and What We prior AAA status to AA+ led to Can Do to Fix It,” and was writmajor stock market volatility in August. ten by long-time business writer Allan Emotional 400-point swings in both Sloan. directions by the Dow average led inves- One highlighted statement (page tors of all shapes and sizes to question 61) states: ”If I sound angry, it’s because whether the stock market was the place I am. Think of me as an angry moderate to be. who’s finally fed up with the lunacy and Good news followed by bad news incompetence of our alleged national followed by good news, etc., regarding leaders — and with people stirring up the European sovereign debt situation trouble from which they hope to benefit also weighed on U.S. financial markets politically or financially.” and its investors. At least this issue was Ouch. not of our making. Back to the Jobs Info The Evidence As noted above, the abysmal August Prior evidence of the damage large- employment report saw no net change in ly done by national politicians was the total employment, the first such result extremely poor performance of the U.S. since 1945. The unemployment rate economy during 2011’s first half, with stayed at 9.1 percent. the economy growing at an annual rate Goods producing employment of 0.7 percent. This pathetic growth dipped by 3,000 jobs in August, with rate occurred despite massive amounts losses in manufacturing (down 3,000 of government spending, unconsciona- jobs) and construction (down 5,000 jobs) ble budget deficits and unprecedented more than offsetting a rise in mining and money creation by the Federal Reserve. logging employment (up 5,000 jobs). A huge plunge in consumer confi- Private sector service providing employdence to a 30-year low was another bit of ment rose by 20,000 jobs in August, led evidence. As noted above, stock market by gains in education and health services gyrations were a third. (up 34,000 jobs) and professional and The latest evidence of economic business services (up 28,000 jobs). damage brought forth by this nation’s The information sector lost 48,000 leaders is the August employment jobs, most tied to a Verizon strike by report. As you have no doubt heard 45,000 workers, which has now been by now, the U.S. economy saw no net settled. This result will actually add change in total estimated employment in to the September employment data. August. Crystal-ball-gazing economists Overall government employment fell by had expected a rise of around 60,000 net another 17,000 jobs during the month. additional jobs. Details, Details Adding insult to injury was the fact • The number of unemployed peothat already tepid employment gains of ple was estimated at 13.97 million in the two prior months were revised lower August, with roughly six million people by 58,000 jobs. The jobless rate stayed out of work for more than six months. at an uncomfortably high 9.1 percent • The “underemployment” rate, that level. which includes the unemployed, those The flat jobs number for August working part-time who would prefer to was the worst performance of the past 11 work full-time and those discouraged months. The dismal pattern of the past workers who are not seeking a job but four months has again raised the specter would accept one if offered to them, rose of another U.S.recession. to 16.2 percent, versus 16.1 percent in Other Views July. My caustic view of political per- • The average workweek for all formance is shared by many economy employees on private non-farm paywatchers. Doug Duncan, the chief econ- rolls dipped by 0.1 hours to 34.2 hours omist at housing finance agency Fannie see THREDGOLD next page

The Enterprise

Sept. 12-18, 2011 from page 7 activities, and events through its stunning photography and awardwinning graphic design. A photo of the iconic Delicate Arch in Arches National Park, taken by Utah photographer Scott T. Smith, was selected as the cover image. Many other Utah destinations are featured throughout the calendar, including all five national parks, many of Utah’s state parks, national monuments, ski resorts, national forests, Temple Square,

THREDGOLD from previous page

in August. While seemingly uneventful, the decline equates to the loss of another 400,000 jobs across the broad economy. From Here? More pressure will now fall to the Federal Reserve to “fix” the economy. What the Fed can do from this point — with shortterm interest rates effectively at zero and long-term interest rates already at a 50-year low — is somewhere between zero and nothing. The Fed’s Open Market Committee meets again on Sept. 20-21 for what is now a two-day meeting. Fed chairman Bernanke correctly noted at a much ballyhooed speech in Jackson Hole on Aug. 26 that one of the economy’s

Association, a nonprofit organization that seeks to promote the oil and gas industry in Utah, held its first annual fund-raiser golf tournament with five North Salt Lake area refineries this month to raise money for local charities. UPA held the tournament at Mountain Dell Golf Course and was able to raise $27,500 from the five participating refineries — HollyFrontier, Tesoro, Chevron, Silver Eagle and Big West Oil. The refineries identified five area charities to split the money evenly among. The charities that received money from the tournament include the United Way of Salt Lake, Greater Salt Lake Area Chapter of the American Red Cross, Junior Achievement, the Bountiful Food Bank and the Jordan River Commission.

and various outdoor activities. The 2012 Utah Scenic Calendar can be purchased through a secure online store at www.uotstore.com. Individual calendars are $10 each, plus tax and shipping. Bulk orders of 50-plus calendars are offered at $8. Walk-in purchases can be made at the Zion Natural History Association bookstore located at Council Hall, 300 N. State St., Salt Lake City.

NATURAL RESOURCES •

The

Utah

Petroleum

primary problems is government spending and deficits being out of control. Yes, the Fed can pull a few new tricks out of the monetary policy bag. But unless and until the administration and the Congress get serious about the long-term direction of government spending, the American economy will struggle, will languish, will suffer, and will be a mere shadow of its potential.

REAL ESTATE

• Cawley Partners, a Dallasbased private investment group, has acquired Stonewater Park No. 1, a nearly 70,000 square foot office building located at 215 N. Admiral Byrd Road in Salt Lake City. Cawley Partners currently owns Edgewater Corporate Park at the Salt Lake International Center at 5205-5225 Wiley Post Way. With the acquisition of Stonewater, the group now owns more than 280,000 square feet

Jeff Thredgold is the only economist in the world to have ever earned the CSP (Certified Speaking Professional) international designation, the highest earned designation in professional speaking. He is the author of econAmerica, released by major publisher Wiley & Sons, and serves as economic consultant to Zions Bank.

of office space in the Salt Lake area. The transaction involving Stonewater was brokered by Eli Mills and Eric Smith of CB Richard Ellis.

RESTAURANTS

• To support Slow Food Utah’s Micro-grant Fund, seven local chefs will use the bounty of Utah’s local food producers and artisans in an evening of food and conviviality to raise funds for the Slow Food Utah’s wide range of programs. The Seventh Annual Feast of Five Senses will take place Sept. 18 at 5:30 p.m. at Kimball Distributing Viking Showroom, 2223 S. 300 E. in Salt Lake City. Participating chefs will include David Hammel of Liberty Heights Fresh, Greg Neville of Lügano, Ryan Lowder of Copper Onion, Nathan Powers of Bambara, Michael Richey of Pago, Amber Billingsley of Vinto and Letty Flatt of Deer Valley. Uinta Beer will offer pairings, and Francis Fecteau of Libation will be pairing a wine with each course. Tickets are $85 per person, with a $35 optional wine pairing. Tickets are available online at www. slowfoodutah.org; seating is limited so early reservations are highly recommended. Slow Food Utah is a nonprofit organization that links producers and consumers, fosters

community, supports eating local foods and support local farmers. • Ohio-based Brio Tuscan Grille, a restaurant chain serving upscale affordable Italian cuisine in a Tuscan atmosphere, will open its ﬁrst Utah restaurant at Fashion Place Mall on Sept. 12. The restaurant, located at the northwest corner of Fashion Place next to Nordstrom, will feature madeto-order pastas, grilled and ovenroasted steaks, chops and fresh fish and entrée salads, flatbreads and bruschettas. Open from 11 a.m. to 10 p.m., Sunday through Thursday, and from 11 a.m. to 11 p.m., Friday and Saturday, Brio will offer an extensive brunch menu on Saturdays and Sundays until 3 p.m., in addition to the regular dining menu. • Bambara restaurant in downtown Salt Lake City, is extending the “Powers’ Hours” in its adjacent club, The Vault, with half-price Bar Bites through the month of September. The half-priced bar bites are available Monday through Friday from 3 p.m. to 5 p.m.

RETAIL

• Park City-based Backcountry.com, an e-tailer of outdoor, bike and action sports products, has acquired continued on page 15

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AD_TE_built4bus_10x6.75_TA11348_a1c1.indd 1

9/2/11 12:37 PM

Executive Lifestyle Executive Lifestyle Legal Matters 10

Sept. 12-18, 2011

The Enterprise

Legal Matters Legal Matters Matters Legal Utah tort reform and its potential impact on local business

On Aug. 18, 2011, the New malpractice claims. The legislaEngland Journal of Medicine tion was passed in response to the released a Harvard study analyz- following: “The Legislature finds and ing data from medical malpractice cases across the country over the declares that the number of suits last 15 years. The study suggested, and claims for damages and the amount of judgments in part, that changes in medand settlements arisical malpractice laws may ing from health care be in order so doctors and has increased greatly in patients can resolve disputes recent years. Because without having to resort to of these increases the stressful and expensive litiinsurance industry has gation. substantially increased The timing of the the cost of medical study may be coincidental malpractice insurance. as the country prepares for important elections in 2012. Peter Baxter The effect of increased insurance premiums Nevertheless, this issue of tort reform could receive sig- and increased claims is increased nificant attention in the coming health care cost, both through the federal and state elections. While health care providers passing the there are different arguments and cost of premiums to the patient competing interests in the debate and through the provider’s pracon tort reform, one key question ticing defensive medicine because is whether tort reform will reduce he views a patient as a potential the costs of health care for busi- adversary in a lawsuit. Further, certain health care providers are nesses and individuals. In Utah, the Utah Health Care discouraged from continuing to Malpractice Act governs medical provide services because of the

high cost and possible unavailability of malpractice insurance.” During the last legislative session, the Utah Legislature made significant changes to the Utah Health Care Malpractice Act to further promote its stated objectives. The following is a brief summary of some of the recent amendments to the Utah Health Care Malpractice Act. 1. Non-economic damage cap. Generally, a medical malpractice plaintiff claims damages in two forms: economic and noneconomic. Economic damages are typically for a plaintiff’s medical expenses and/or lost income as a result of the injuries he has suffered. Non-economic damages are for pain and suffering resulting from the alleged harm. Several years ago, Utah enacted a $250,000 cap on the amount of non-economic damages a plaintiff could receive. In 2001, that cap was set to $400,000 with an annual inflation adjustment each year. By 2009, that cap had inflated to

$480,000. In the most recent legislative session, the legislature fixed the non-economic damage cap at $450,000 for all cases arising after May 15, 2010. The legislature hopes this will reduce the costs of jury verdicts in Utah medical malpractice cases. 2. Ostensible agency liability. In a medical malpractice case, a hospital can be held liable for the actions of its employees if the employee treated a patient in a substandard way. However, there is a trend in the law to impute liability to a health care entity for the actions of individuals who are not agents. For example, in many hospitals across the country, an emergency room physician is not an employee of that hospital, he is an independent contractor. Some states are imputing liability for the actions of such an emergency room physician to the hospital even though the hospital does not employ the physician. In the recent legislative session, the legislature placed limits on

this trend. If a health care entity meets certain requirements, a plaintiff cannot raise an ostensible agency claim against that health care entity for the care provided by an independent contractor. The legislature hopes this will reduce the medical malpractice costs for health care entities. 3. Affidavit of merit. Before filing a medical malpractice claim in Utah, a plaintiff must initiate a pre-litigation process. The plaintiff notifies the physician or health care entity of the potential claim. An informal hearing is held before a panel consisting of an attorney (who is the chair of the panel), a lay person and a physician of the same specialty as the physician named in the claim. The panel determines whether the plaintiff’s claim has merit or not. Thereafter, the Division of Occupational and Professional Licensing issues a certificate certifying the plaintiff has complied with all the prelitigation requirements. With that see TORT page 15

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Sept. 12-18, 2011

Focus s p e c i a l

report

EYE

CARE

Healthy vision on the job is everyone’s business Whether using a computer or a sledge hammer to get the job done, the American Optometric Association (AOA) reports that visual discomfort, eye strain and eye injuries in the workplace are not only common, but cost billions in lost productivity each year. And, research indicates that 2,000 workers each day in the United States sustain job-related eye injuries requiring medical treatment, yet safety experts and doctors of optometry agree that 90 percent of all eye and vision injuries could be prevented with simple safety steps such as wearing properly designed and fitted protective eyewear. “Healthy vision is critical to successfully completing job-related tasks,” said James Sheedy, O.D. Ph.D., director of the Vision Ergonomics Laboratory at the College of Optometry at Pacific University and AOA’s occupational vision specialist. “And while most people think of construction or manufacturing as high-risk occupations where eye injuries are prevalent, even jobs requiring smartphones, laptops and desktop computers can cause vision problems if not used properly.” Go Easy on the PDA According to the AOA’s American Eye-Q survey, nearly half of all Americans (46 percent) spend five or more hours per day using a computer or a PDA (personal digital assistant). And while technology can easily improve the efficiencies of one’s life, prolonged use of electronic devices may lead to symptoms of Computer Vision Syndrome (CVS) such as eye strain, dry eyes, headaches, fatigue, blurred vision and loss of focus. “CVS can be a serious problem for those who spend hours in front of a computer or hand-held electronic device on a daily basis,” said Sheedy. “However, in this digital era, no one expects Americans to simply stop using these devices. Small

Tech users should follow the 20-20-20 rule: At least every 20 minutes, take a 20-second break and look at something 20 feet away. steps can make big changes to ease vision strain.” The AOA encourages all tech users to follow the following recommendations, which will go a long way toward keeping productivity up and discomfort down while surfing the Web, editing a document or sending an e-mail. • Give It A Rest: Remember the 20-20-20 rule. At least every 20 minutes, take a 20-second break and look at something 20 feet away. The Eye-Q survey found that the majority of Americans don’t follow this rule; more than half (59 percent) take breaks every hour, or less frequently. • Size Up: Smaller screens on handheld devices usually favor tiny type that challenges your vision. Instead of bringing the screen closer to the eyes, increase the font size so the device can be used at a distance that is more comfortable for your eyes. • Sharpen Up: Better resolution offers greater clarity and usually more comfort. see ON THE JOB page 14

Choosing a vision benefits plan for your employees By Aaron Schubach Routine eye exams are essential to preserve your vision and safeguard your eye health. Vision insurance and vision benefits plans can make routine eye care more affordable, especially if you are among the majority of Americans who wear prescription eyeglasses or contact lenses. You can subscribe to a vision plan that offers eye care and eyewear benefits either through your employer or directly from an insurance or vision benefits company. If you are a small-business owner and are looking for an affordable way to attract and retain good employees, you might want to consider adding vision coverage to your employee benefits package. What Kinds of Vision Insurance Plans Are Available? Vision insurance plans offer either a vision benefits package or discounts on eye care and eyewear. A vision benefits package that covers services such as eye exams may require a copayment from you at the time of service, with the balance to be paid by your plan. In a vision discount plan, you pay fully for services but at a lower-than-normal price that the plan’s participating eye care practitioners have agreed to charge. The key difference is that under the insurance product, the patient is not out of pocket for covered expenses except for copays, discount plans require substantial fees to be paid at the time of service. Jobson Publishing conducted a study in 2010 of 1,500 people regarding Vision Insurance, and 88 percent of the people surveyed preferred a insured vision plan to a discount plan. When you purchase vision insurance, whether it is a benefits package or a discount plan, you buy two products: • Access to a network of eye care providers who have agreed to provide services and/or products at reduced prices (either to you or to the company administering the plan). These providers typically are optometrists and general ophthalmologists. In some cases, ophthalmologists who are refractive surgeons and provide LASIK and other vision correction procedures may be included. • Specific eye care services and products, such as eye exams, eyeglasses and contact lenses. Therefore, when choosing a vision insurance plan, you need to evaluate both the eye care provider network and the services being offered. Keep in mind, not all optometrists is your area may accept this plan, so it’s wise to select an offering that empanels both independent doctors and physicians that practice in a chain environment. How to Evaluate Vision Benefits and Vision Discount Plans To evaluate vision benefits packages and vision discount plans, first estimate your present and future eye care needs. Begin by reviewing one or two years in your personal records to find out what kinds of eye care services you and your family members have used in the past and how many times these services were used by each family member. This information

Vision insurance plans offer either a vision benefits package or discounts on eye care and eyewear. will give you an idea of what your future needs will be.. Then take a look at a number of available plans and ask yourself: • Which vision plan provides services and products that meet my needs best? This may include LASIK and/or sunglass benefits. • Which vision plan saves me the most money? • Does the plan offer access to my preferred optometric physician or locations near me? • Do they have a quality reputation in the community with other employer groups, public entities (such as state of Utah employees) and individuals? Basic services typically include an eye examination with dilation, an eyeglass frame, a pair of eyeglass lenses and, in some cases, contact lenses. Refractive surgery, such as LASIK and PRK, also might be included. A list of value-added eyewear products that might be covered under vision benefits could include progressive lenses, highindex lenses, polarized lenses, polycarbonate lenses, plastic photosensitive lenses, scratch-resistant coating and anti-reflective coating. Always keep in mind when comparing vision care expenses, that benefits are calculated using retail pricing. In most cases, promotional, seasonal or other discounts (AARP, etc.) are not applicable to vision plan designs and expenses. How to Use Vision Insurance As soon as you purchase or enroll in a vision insurance plan, obtain a copy of your plan brochure or find out how to access it online. Study the brochure carefully to determine what your benefits include, what costs are involved, and who is on your network provider list. Look also for answers to the following questions: General questions: • What services are I entitled to under my vision plan? • Who is on the network provider list? • How do I schedule an appointment with an eye care provider? • Can I schedule on-line, with a smartphone application or a toll-free number? • What quality assurance mechanisms see BENEFITS page 14

The Enterprise

Sept. 12-18, 2011

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The Enterprise

Sept. 12-18, 2011

Top Vision Centers in Utah Ranked by number of patients seen in 2010 # of patients seen in 2010

# of ophthalmologists

Same day apts

# of eye exams in 2010

# of optometrists

Optical shop on location

Company Name

Phone Fax Web

John A Moran Eye Center 65 Mario Capecchi Dr. Salt Lake City

801-581-2352 801-581-2352 moraneyecenter.com

120,000

Yes

120,000

Yes

Standard Optical 1901 West Parkway Blvd Salt Lake City

801-886-2020 801-954-0054 standardoptical.net

61,000

Yes

56,000

Yes

Mount Ogden Eye Center 4360 Washington Blvd. Ogden

801-476-0494 801-476-0067 mountogdeneye.com

50,000

Yes

26,250

Yes

Cottonwood Eye and Laser Center 201 E. 5900 S. Murray Davis Vision Center 1325 W. South Jordan Parkway Suite 103 South Jordan Alta View Eye Care 9720 S. 1300 E. Suite E-210 Sandy Berner and Buresh Eye Center 250 E. 300 S. Salt Lake City

801-268-6600 801-268-6602 cottonwoodeye.com

13,000

Yes

10,000

Yes

801-683-0380 801-253-0772 davisvisionmd.com

10,000

Yes

801-572-0631 801-572-0670 altavieweye.com

6,000

Yes

6,000

Yes

801-322-0467 801-363-6053 visionsource-broadway. com

4,281

Yes

2,309

Yes

801-225-3920 801-225-1067 insighteyecare.org

2,245

Yes

1,082

Yes

801-363-2851 DND utaheyeassociates.com

2,200

Yes

1,500

Yes

801-262-2020 DND precisioneyecare.com

1,250

Yes

1,000

Yes

801-288-2020 DND saltlakeeyedoctor.com

510

Yes

510

Yes

801-568-0200 801-563-0200 hoopesvision.com

DND

Yes

DND

801-492-6393 801-492-6406 childandfamilyeyes.com

DND

Yes

DND

Yes

Eye exams, board certified vision therapy, glasses, contacts, pre and post op appointments

801-261-0726 801-262-2838 saltlakeeyesurgeon.com

DND

Yes No

Full service, general ophthalmology

Insight Eye Care 575 E. University Parkway Suite H-155 Orem Utah Eye Associates 150 S. 1000 E. Suite 150 Salt Lake City Precision Eye Care 6095 S. Fashion Blvd Suite 110 Murray Salt Lake Vision 3400 S. 500 E. #201 Salt Lake City Hoopes Vision 10011 S. Centennial Parkway Suite 400 Sandy Child and Family Eye Care Center 908 N. 2000 W. Pleasant Grove Olymups Eye Associates 6065 S. Fashion Blvd. Suite 125 Murray

Services offered Uveitis, glaucoma, cataracts, cornea, LASIK, infectious diseases. Nuero, retinal, comprehensive, and pediatric ophthalmology. Eye exams for glasses, contact lenses, and LASIK and Cataract surgery, LATISSE eye lash treatment Comprehensive eye care, LASIK and cataract surgery, macular degeneration, retina, eye lid lifts, dry eye treatment, glasses, contacts Eye exams, contacts, LASIK, cataract surgery, eye muscle disorders, tear duct problems, infectious retinal diseases LASIK, cataracts, eye exams, glasses, contacts Comprehensive eye care, glaucoma, cataracts (special lens available) LASIK, glasses, contacts Exams, treatments of eye disease, contacts, glasses, visual therapy Eye exams, contacts, glasses, sunglasses, sport and safety eye wear, consultations, LASIK pre and post op. appointments Diabetic eye care, LASIK vision correction, dry eye diseases, macular degeneration contact lens and glasses Contacts, glasses, LASIK, cataract surgery, medical eye care, vision therapy Contacts, glasses, LASIK, cataract surgery, medical eye care, vision therapy LASIK, IntraLASIK, PRK, ICL, Clear Lens Exchange, cataract surgery

DND= Did Not Disclose N/A= Not Available Please note that some firms chose not to respond, or failed to respond in time to our inquiries. All rights reserved. Copyright 2011 by the Enterprise Newspaper Group.

Owner/Managing Principal

Dr. Randall J. Olson

Aaron Schubach and Stephen Schubach Dr. Mark Ballif

Dr. Alan Jackson

Dr. Brian Davis

Dr. Matthew Tempest Dr. Terry H. Berner and Dr. Karri A. Buresh Dr. Douglas Satterfield

Dr. David Masihdas Dr. Stuart Anderson Dr. Stuart Anderson Dr. Phillip C. Hoopes

Dr. Robin Price

Dr. David Brockbank

Sept. 12-18, 2011

The Enterprise

BENEFITS from page 11

are in place? Questions about vision benefit packages: • Do I need an I.D. card? If so, how do I obtain one? • How much is my copay for each service? • Are there limits to what the plan will pay for any of the services? Questions about discount vision

plans: • How much is the deductible I must pay before discounts apply? What discounted rate can I expect to pay out-of-pocket for each service? • To whom do I pay the discount amounts? The vision insurance company? A primary care provider? Each provider separately? • How do I pay for services? Do I use a pre-paid discount card, pre-paid coupons, cash, check, or

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credit card? Eye Care Use Low Among Uninsured Most people without health care coverage are not seeking regular eye care even if they are severely visually impaired, according to a study by David Lee, Ph.D. and his colleagues at University of Miami Miller School of Medicine. By analyzing responses from almost 290,000 adults who answered the National Health Interview Survey from 1997 through 2005, researchers found that eye care use rates for people without health insurance were: • 35.9 percent among severely visually impaired. • 23.8 percent among those with some visual impairment. • 14.3 percent for those without visual impairment. • People without health insurance for a year or longer had the lowest rates of eye care utilization. Low education and male gender also were important factors. “Interventions designed to increase eye care utilization rates in select sociodemographic subgroups are needed,” wrote the study authors. “Overall utilization rates may also be enhanced if progress is made toward dramatically increasing the number of Americans with health insurance.” The study was reported in the March 2009 issue of Archives of Ophthalmology. Questions about out-of-network providers: • Does the plan allow out-ofnetwork providers? • Do out-of-network pro-

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Enterprise.indd 1

8/15/11 2:13 PM

viders need to be approved by the vision insurance company in order for me to receive reimbursements? • How do I request reimbursements for out-of-network services? • What amounts can I expect to be reimbursed for each service? Using Your Vision Insurance for an Eye Exam Once you understand your benefits and know which providers you can use, you are ready to make an appointment for an eye exam. When you make your appointment, call 1-800-EYECARE and be prepared to supply the optometrist or ophthalmologist with the name of your vision insurance company, the name of the plan under which you are covered, and your I.D. number. This is because your eye doctor might need to obtain pre-authorization from your vision insurance company before performing your exam. At the time of your appointment, you will be asked to show your vision insurance I.D. card or give some other proof of vision insurance coverage. Depending upon your vision plan, you also may be asked to pay a deductible, and/or a co-pay or discounted pric-

es for the services you receive. If you require prescription eyewear, your optometrist or ophthalmologist may also help you pick out eyeglasses or fit you with contact lenses if these services are available on site. If you select an out-of-network provider, you can expect to pay the full retail price for the services you want at the time of service. Typically, you must submit a request for reimbursement and an itemized copy of all your receipts to your vision insurance company to receive reimbursement.

ON THE JOB

not wear safety glasses or goggles when working on home improvement projects. “Eye safety — whether at home or in the workplace — is proven to prevent vision loss,” Sheedy said. “The two main reasons workers experience eye injuries are either because they are not wearing eye protection or they are wearing the wrong kind of protection for the job.” The AOA recommends four key elements to protect eyes from injury: • Know the eye safety dangers. • Eliminate hazards before starting work, such as using machine guards, work screens or other engineering controls. • Wear the proper eye protection and make sure it is correctly fitted. • Keep safety eyewear in good condition and replace it if it is damaged. Visit Your Optometrist While it’s important to practice good eye health habits at work, the best line of defense is to visit a doctor of optometry on a regular basis for comprehensive eye exams to help ensure healthy vision. The AOA recommends adults age 60 and under have a comprehensive eye exam every two years and then annually thereafter. Based on an individual’s eye health, the eye doctor may recommend more frequent visits.

from page 11

Adjust the brightness of the screen to a comfortable intensity, neither too bright nor too dim. • Reduce Glare: Hand-held devices present challenges in various lighting conditions. When possible, try to make sure lighting is not directly behind the head or in front. The AOA recommends users try to reduce glare, which may ease reading and can make a bigger difference than increasing the font. • Look Down: It’s easier on the eyes to focus on reading material that is below eye level, therefore, the AOA recommends a computer monitor or hand-held device be positioned slightly below eye level. Safer Sight On-Site Many professions — from auto repair to health care — require protective eyewear to help reduce the risk of eye injuries. The AOA advises that with proper eye protection, such as safety glasses, goggles, face shields and helmets, thousands of injuries could be prevented. Yet the Bureau of Labor Statistics found that in approximately 60 percent of eye injury cases, workers failed to wear proper protective eyewear. While working around the house, it seems an even greater percentage fail to protect their sight. The Eye-Q survey found that nearly two-thirds of Americans do

Aaron Schubach, ABO, is a licensed optician and also a licensed insurance agent/producer in all 50 states. He is the CEO of Opticare of Utah Inc. and operates one of the most successful vision insurance plans in the country. Schubach was the keynote speaker at 2011 Sales Congress for Utah Association of Health Underwriters, is an owner and board member of the nation’s largest consortium of eye care providers, called Optiport LLC (www.optiport.com), and is a member of the National Association of Vision Care Plans. His companies provide vision services to more than 150,000 members per year and have provided LASIK, contact lenses and manufactured glasses for an estimated one million patients.

The Enterprise

Sept. 12-18, 2011

SPORTS/RECREATION

• Snowbird Ski and Summer Resort is attracting point of view (POV) video footage from around the world as contestants enter the resort’s Local Hero POV video contest on its Facebook page for a chance to win a ski or snowboard trip to Utah. Snowbird, The North Face, Powder magazine, Snowboarder magazine and Wasatch Powderbird Guides have teamed up to sponsor the

TORT

from page 10 certificate, the plaintiff can then file a medical malpractice lawsuit in court. While this pre-litigation process is requisite to initiate a lawsuit, the outcome of the hearing had no bearing on whether the Division of Occupational and Professional Licensing issued a certificate. However, during the recent legislative session, that law was changed. Now, if a pre-litigation panel determines a plaintiff’s claim has no merit, in order to obtain the certificate from the Division of Occupational and Professional Licensing (which is

challenge. There will be two categories: ski and snowboard. The grand prize winner in each category will receive a trip for two to Snowbird for five days of tram and chairlift skiing, four nights of lodging at The Cliff Lodge, access to an early tram ride one morning, a day of helicopter skiing for one with Wasatch Powderbird Guides, a $500 gift card for one from The North Face, and two free subscriptions to Powder magazine and Snowboarder magazine. Videos do not have to be filmed at Snowbird, they can be filmed anywhere on the planet, at any time in history. Videos must be POV format and shorter than three minutes, with a theme of skiing or snowboarding. Videos must be submitted to Snowbird’s Local Hero Facebook page on or before Dec. 31 at 5 p.m. EST. The page can be accessed by going to

www.facebook.com/snowbirdUT, then clicking the “Local Hero” tab on the left side of the screen. The four videos in each category, Ski and Snowboard, with the most       “Likes” on Facebook will advance to a final round of judging for the              Grand Prize. The Grand Prize            winner in the ski category will be                chosen by the Powder magazine       editorial staff and the Grand Prize winner in the snowboard category         will be chosen by the Snowboarder RD178969              Job No.: magazine editorial staff. Ad Size: SALT LAKE CITY, UT Engagement City: Kaysville, • Elite Training,      Section: has Media: celebrated its TRADE second AD    anniversary. The firm has grown  Insertion Date(s):      to 11 employees and two locations,           the second at The Gateway retail center in downtown Salt Lake City, inside Metro Fitness. Elite Training was founded by Kolten Jensen and Greg Marshall, both of whom formerly worked as personal trainers for Gold’s Gym.

requisite to file a lawsuit), the plaintiff has to submit an affidavit from a health care provider attesting that the provider has reviewed the case and believes there are reasonable grounds to support a medical malpractice lawsuit. Proponents of the new law claim that this will prevent the filing of frivolous lawsuits. The legislature hopes that these and the other amendments enacted during the recent session will curb frivolous lawsuits, reduce litigation expenses and thereby reduce health care costs for businesses and individuals. It remains to be seen whether the desired effects will be realized.

Regardless, these and many other legal issues will be hotly debated amongst candidates in the coming months.

FELD ENTERTAINMENT

Peter Baxter has been representing clients in health care law matters for more than seven years. His practice consists of defending health care professionals and entities in medical malpractice claims as well as advising health care professionals and entities in business and regulatory matters. Baxter is a shareholder at Strong & Hanni and member of its Medical Malpractice and Health Law practice groups. He can be reached at (801) 532.7080, pbaxter@strongandhanni.com or www. strongandhanni.com.

from page 9 CompetitiveCyclist.com, based in North Little Rock, Ark. Brendan Quirk, founder and CEO of Competitive Cyclist, will become the general manager of Backcountry.com’s Bike Division. Numerous key Competitive Cyclist employees will also be making the move to Backcountry. com.

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Sept. 12-18, 2011

The Enterprise

• Sept. 12, 8:30-10:30 a.m.: “Economics of the Cloud — the U.S./U.K. Perspective,” sponsored by the World Trade Association of Utah. Leading proponents of cloud computing will provide their insight and advice to help attendees understand how to access the benefits of the cloud, dispel negative myths associated with cloud computing, empower business leaders with basic knowledge they need when developing a road map for cloud adoption within their organization and outline essential legal considerations. Location is the Zions Bank

Founders Room, 1 S. Main St., 18th floor, Salt Lake City. Free, but seating is limited. Register with egorn@wtcut.com or by calling Elizabeth Goryunova on (801) 532-8080. • Sept. 13, 9-10:30 a.m. and noon-1:30 p.m.: “Utah Lien Law Changes: Vital Skills for Protecting Rights in the New State Construction Registry,” sponsored by Bank of American Fork. Utah lien laws place new and additional burdens on all builders to protect their lien rights and manage lien rights of subcontractors and suppliers. The seminar,

• Calendar • to be taught by Dana Farmer, an attorney with Smith Knowles, will address these issues. Location of the morning event is the Bank of American Fork Financial Center, 6 W. Main St., American Fork. Location of the afternoon event is the Riverton branch of Bank of American Fork, 2961 W. 12600 S. Free; breakfast/lunch will be served. RSVP at www.bankaf. com/events or by calling (801) 642-3139. • Sept. 13, 11:30 a.m.-1 p.m.: Launch of BNI Super Connectors Chapter. BNI is a local business networking organization with

nearly 30 chapters in Utah; the group is the largest business networking organization in the world. Location is the Joy Luck Cafe, 1350 S. 500 W., Bountiful. Cost is $10 and includes lunch. Register with Jeff Donovan at (801) 5415730 or jeff@pageonegoogle.org. • Sept. 13, 3:30-5:30 p.m.: “How to Raise Money,” presented by VentureCapital.Org and the Wayne Brown Institute. Presenters will include Adam Slovik, early employee of Oracle, founder of TenFold and active angel investor; Benjamin Johnson, of the Utah Division of Securities; Brad

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Bertoch, a member of Salt Lake City Angels, Park City Angels and founder of WBI Angels; and Tom Morgan regional president at Zions Bank. A Q&A will be included. Location is the Zions Bank Financial Center, 180 N. University Ave., eighth floor, Provo. Free. Register at www. venturecapital.org. • Sept. 13, 3-5 p.m.: “Workforce Preparation,” a Utah Technology Council Life Science workshop. Co-chairs of the workshop will be Clark Turner of Aribex and Ronald Weiss of ARUP Laboratories. Location is Bionnovations Gateway, 2500 S. State St., Room M, South Salt Lake. Free to UTC members, nonmembers pay $30. Register at www.utahtech.org. • Sept. 13, 10 a.m.-noon: “Developing Superior Customer Service,” sponsored by Associated Builders and Contractors of Utah. Henry “Dutch” Hempel, a business consultant for the construction industry, will be the presenter. Location is the ABC offices, 2130 S. 3140 W., Suite B, West Valley City. Cost is $10 for members, $15 for nonmembers, who must prepay. Register with Jodi Frank at (801) 708-7036 or jfrank@abcutah.org. • Sept. 13, 7 p.m.: “Advantage: How American Innovation Can Overcome the Asian Challenge,” presented by Westminster College and the Utah Council for Citizen Diplomacy. Dr. Adam Segal will make the case for the crucial role of the “software” of innovation and argues that by strengthening its politics, social relations, and institutions that move ideas from the lab to the marketplace, the United States can play to its greatest economic strengths and preserve its position as a global power. Segal is currently an Ira A. Lipman Senior Fellow for Counterterrorism and National Security Studies at the Council on Foreign Relations. Before joining the council, Segal was an arms control analyst for the China Project at the Union of Concerned Scientists. He is the author of Digital Dragon: High-Technology Enterprises in China and writes for the blog Asia Unbound. Location is the Vieve Gore Concert Hall in the Emma Eccles Jones Conservatory at Westminster College, 1840 S. 1300 E., Salt Lake City. Free. • Sept. 13, 7:16-9 a.m.: Association for Corporate Growth Breakfast Meeting. Guest speaker will be Tom Holmoe, athletics director at Brigham Young University. Location is the Little America Hotel, 500 S. Main St., Salt Lake City. Free to ACG members, nonmembers pay $30. Register at www.acgutah.org. • Sept. 20, 8-9:30 a.m.:

third pg h. 4.5x4.875 The Enterprise

Sept. 12-18, 2011 “European Regulatory Affairs — Update on Medical Device Directives,” sponsored by the Utah Technology Council. Dr. Michael Rinck, CEO of MT Promedt Consulting in Germany, will review of the changes over the past year and to provide information on how Utah companies can maintain compliance with the EU regulations. There will be Q & A session following the presentation. Location is the Little America Hotel, 500 S. Main St., Salt Lake City. Cost is $15 for UTC members, $30 for nonmembers. Register at www.utahtech.org. • Sept. 20, 6 p.m.: Rotary Club of Salt Lake City Centennial Gala, “A Century of Service — A Future of Opportunity.” The celebration of the club’s 100th anniversary will include a reception, dinner and presentation by honorees who exemplify Rotary’s motto of “service above self.” Honorees will be Ezekiel Dumke, Jr., co-founder of The Katherine W. and Ezekiel Dumke Jr. Foundation; Kem Gardner, chairman of The KC Gardner Co.; Jon M. Huntsman Sr., founder and chairman, Huntsman Corp.; President Thomas S. Monson, President of The Church of Jesus Christ of Latter-day Saints; Beverley Taylor Sorenson, co-Founder, Sorenson Legacy Foundation; and Maj. Gen. Brian L. Tarbet of Utah National Guard. Location is the Salt Palace Grand Ballroom, 100 S. West Temple, Salt Lake City. Cost is $50. Register at www.slcrotary.org or by calling the Rotary office at (801)

363-8415. • Sept. 28, 8 a.m.-3 p.m.: Smart Women Smart Money Conference, presented by Zions Bank’s Women’s Financial Group. Guest speaker will be actress Geena Davis. Breakout sessions will show participants how to travel at full speed toward retirement, how to fuel a business career, and how to navigate the financial freeway with a budget. Davis’ keynote speech will motivate the audience to drive the road to success by highlighting the importance of gender equity and empowerment for success in life, finance and business. Location is the Salt Palace Ballroom, Salt Lake City. Free, but registration is required. Register at www.smartwomen.zionsbank.com or by calling 800-737-6586. • Sept. 30, 9 a.m.-5 p.m.: Dave Ramsey’s EntreLeadership Nationwide Simulcast Training Event, presented by ChamberWest and hosted by the Salt Lake Community College Jordan campus. Cost is $39. Register at www.chamberwest.org or by contacting Holly at (801) 673-332 or holly@chamberwest.org. • Nov. 4, 7 p.m.: Utah Technology Council 2011 Hall of Fame Gala. Keynote speaker will be Larry Ellison, founder and CEO of Oracle Corp. Location is the Grand America Hotel, 555 S. Main St., Salt Lake City. A networking session will begin at 6 p.m. Cost is $300 for UTC members, $450 for nonmembers. Register at www.utahtech.org.

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Sept. 12-18, 2011

The Enterprise

How to honor the true spirit of 9/11; first, ignore Limbaugh If volunteerism is suddenly To Rush Limbaugh and unpatriotic and even “socialist,” assorted lesser cogs in the rightthat will come as a nasty surprise wing noise machine, that was a to many of the Republicans and deeply controversial statement conservatives who always have and an attempt to “politicize” the supported such efforts, notably event — as if the White House had including both presidents named ordered everybody to put on blue Bush. And if stepping up caps, join a local Obama to help our neighbors and for America chapter and community on 9/11 would then build a solar house somehow dishonor the for the poor. Americans killed in those Yes, according infamous attacks — as to the furious wingfeverish critics of President ers, Obama’s attempt Barack Obama now scream to inspire volunteerism — then what do they think was in fact a barely disactually happened on that Joe Conason guised appeal to “serve day 10 years ago? the state,” as well as an The latest outbreak of un-American distracphony outrage began when the tion from what should be, in their president, following a tradition minds, a more militaristic comestablished by George W. Bush, memoration. But leaving aside announced that he and the first their usual bizarre theories about lady will mark the upcoming anni- the president and his motives, this versary as a “National Day of pseudo-controversy shows how Service and Remembrance” and little these so-called conservatives urged Americans to “come togeth- understand what really happened er, in their communities and neigh- on 9/11, in New York and then borhoods, to honor the victims of across the country. On that day 9/11 and to reaffirm the strength of and the days that followed, we our nation with acts of service and saw a demonstration of the highcharity.” est American values, which are

apparently no longer comprehensible to the denizens of the rightwing swamp. Our traditions of volunteerism and community have distinguished this republic ever since its earliest years — as Alexis de Tocqueville explained back in the 1830s, when he wrote the two volumes known as “Democracy in America.” In that classic work, he described the uniquely American style of voluntary association and how it made a free society possible. He was no radical, by the way, and would have ridiculed the stupid notion that a presidential call to voluntary service equals socialism. But it isn’t really necessary to consult Tocqueville, who admittedly was a Frenchman, on the American virtue of volunteerism. Just ask Tim Zagat, publisher of the famous Zagat restaurant guides and New York civic activist, who is preparing to issue a remarkable book, titled 9/11: Stories of Courage, Heroism and Generosity, this week. In the participants’ own words, it chronicles the outpouring of citizen action of every sort

that sprang up in response to the attacks. These are the amazing true stories of the construction workers who left their work sites and marched down to ground zero, unbidden and en masse, to join the search and rescue effort; of the restaurateurs who emptied their refrigerators, brought tons of food down to the site and fed everyone working there; of the sanitation workers, teachers, phone technicians and thousands of others who stepped forward to help the city revive itself; and of Americans from across the country who joined them. There was the guy in a wheelchair who rolled himself miles from his home in Harlem to bring down a bag of sandwiches. There was the urban search and rescue team that came up from San Juan, Puerto Rico, with their dogs to spend hour upon hour hunting through the piles of debris. And there were those who had lost loved ones in earlier disasters coming to help the bereaved of 9/11 cope with tragedy. So many thousands showed up from everywhere to help that the authorities had to turn the

city’s main convention venue, the Javits Center, into a special site dedicated to organizing the volunteers according to skills and capabilities. Recalling that enormous outpouring of support from “people of all persuasions, backgrounds and beliefs,” former Mayor Rudolph Giuliani says, “I saw it; I lived it; and am humbled by the heartwarming, remarkable response that demonstrated the resilience of America.” That resilient spirit is perhaps what the president hopes to summon, at a time of trouble that should evoke the cooperation, sacrifice and wisdom we saw in New York after that awful autumn morning in 2001. What a disgrace that his political opponents would reject that call, seeking instead to poison the occasion with ideological ranting and partisan rancor. This is how they dishonor the memory of the dead — and they have the gall to call it patriotism. Joe Conason is the editor in chief of NationalMemo.com. Copyright 2001 Creators.com.

Sept. 12-18, 2011

The Enterprise

Two different worlds Ideological clashes over par- financed hospitals, colleges and ticular laws, policies and programs innumerable other institutions often go far deeper. Those with abound in the United States, while opposing views of what is desir- they are rare to non-existent in able for the future also tend to dif- many other countries, where such fer equally sharply as to what the things are usually left to govreality of the present is. In ernment or to religious other words, they envision organizations. two very different worlds. However, with A small but revealing charity as with everyexample was a recent New thing else, it cannot York Times criticism of simply be assumed that former Apple CEO Steve more is always better. Jobs for not contributing to A “safety net” can eascharity as much as the New ily become a hammock. Thomas York Times writer thought “Social justice” can easily Sowell he should. The media in become class warfare that general are full of praise polarizes a nation, while for business people and their com- leading those at the bottom into panies for giving away substantial the blind alley of resentments, no amounts of their wealth. Indeed, matter how many broad avenues that is one of the few things for of achievement may be available which many in the media praise to them. businesses and the wealthy. Judging businesses or their Americans in general — owners by how much wealth they whether rich, poor or in between give away — rather than by how — have one of the most remark- much wealth they create — is able records for donating not only putting the cart before the horse. money but time to all sorts of Wealth is ultimately the only thing charitable endeavors. Privately that can reduce poverty. The most

dramatic reductions in poverty, in countries around the world, have come from increasing the amount of wealth, rather than from a redistribution of existing wealth. What kind of world do we want — one in which everyone works to increase wealth to whatever extent they can, or a world in which everyone will be supported by either government handouts or private philanthropy, whether they work or don’t work? It is not an abstract question. We can already see the consequences on both sides of the Atlantic. Those who have grown used to having others provide their food, shelter and other basics as “rights” are by no means grateful. On the contrary, they are more angry, lawless and violent than in years past, whether they are lower-class whites rioting in Britain or black “flash mobs” in America. Their histories are very different, but what they have in common is being supplied with a steady drumbeat of resentments against those who are better off.

Politicians, intellectuals and whole armies of caretaker bureaucrats are among those who benefit, in one way or another, from picturing parasites as victims, and their lags behind the rest of society as reasons for anger rather than achievement. Leading people into the blind alley of dependency and grievances may be counterproductive for them but it can produce votes, money, power, fame and a sense of exaltation to others who portray themselves as friends of the downtrodden. Both private philanthropy and the taxpayers’ money support this whole edifice of a makebelieve world, where largesse replaces achievement and “rights” replace work. Trying to rope Steve Jobs into this world ignores how many other famous businessmen, whose achievements in business have benefited society, have created philanthropies whose harm has offset those benefits. Henry Ford benefited mil-

lions of other people by creating mass production methods that cut the cost of automobiles to a fraction of what they had been before — bringing cars for the first time within the budgets of people who were not rich. But the Ford Foundation has become a plaything of social experimenters who pay no price for creating programs that have been counterproductive or even socially disastrous. Nor was this the only foundation created by business philanthropy with a similar history and similar social results. Let business pioneers do what they do best. And let the rest of us exercise more judgment as to how much charity is beneficial and how much more simply perpetuates dependency, grievances and the polarization of society. Thomas Sowell is a senior fellow at the Hoover Institution, Stanford University, Stanford, CA 94305. Copyright 2011 Creators Syndicate

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