November 18, 2024

Today’s Economist: Casey B. Mulligan: Small Companies and the Affordable Care Act

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Casey B. Mulligan is an economics professor at the University of Chicago. He is the author of “The Redistribution Recession: How Labor Market Distortions Contracted the Economy.”

Small businesses have spoken out against the Affordable Care Act, but medium-size businesses, customers and taxpayers may be the ones ultimately harmed.

Today’s Economist

Perspectives from expert contributors.

Beginning next year, the Affordable Care Act will penalize employers that fail to offer health insurance to their employees. Because small employers are especially unlikely to offer health insurance (see Table 3 in this paper from the Congressional Budget Office), and large businesses are likely to avoid the penalties because they already offer insurance, the penalties seem like an attack on small business.

But the Affordable Care Act simultaneously rewards employees at small companies by heavily subsidizing their purchases of health insurance on the exchanges created by the law. Because employees cannot take the subsidies with them if they switch to a large company offering health insurance, the subsidies are, in effect, subsidies to the small businesses themselves, helping them compete more cheaply in the market for employees.

Employees at the smallest companies, with fewer than 50 employees, are eligible to receive the subsidies, even though their employers are exempt from the penalties.

Indeed, some medium-size businesses that currently offer health insurance say they find the smaller company “penalty plus subsidy” combination attractive and plan to drop their health insurance plans in order to partake in it, too, even though their participation will entail a penalty.

The Affordable Care Act also created tax credits for small business that are already available. These credits perhaps have too many strings attached to be attractive to employers, because only 770,000 employees (in an economy with more than 130 million) worked for employers claiming the credit in 2010 (see Page 9 of this report from the Government Accountability Office). The Affordable Care Act also promised to provide small-business employees a choice of health plans, but implementation of that plan has been pushed back until 2015.

Many small businesses are not as good with bureaucracy and red tape as large businesses are – that’s one reason they did not offer health insurance in the first place. The employee subsidies coming online next year are pretty complicated, as evidenced by the 21-page application that must be completed by each employee, and the fact that any one year’s subsidy has to be estimated based on historical employee data, advanced from the Internal Revenue Service to the insurer, and then later reconciled when the employee’s family income for the year can be fully documented.

I suspect that large businesses will have human resource personnel dedicated to helping company employees complete the application and obtain and accurately reconcile the subsidy to which they are entitled. Employees at smaller business may have to fend for themselves.

We also have to remember that businesses compete for customers and for employees. A business that experiences a little direct harm from the act may benefit on the whole because competitors are harmed more. This is especially true because of the heavy penalty the law puts on businesses that expand from 49 to 50 employees: that one hire will cost the employer $40,000 annually in penalties, on top of that employee’s usual salary and benefits.

Thus, the type of company that may benefit the most from the law is not necessarily large or small but a company with small competitors that have been looking for opportunities to expand their market share, and in the process bring the number of their employees to more than 49.

Article source: http://economix.blogs.nytimes.com/2013/04/03/small-companies-and-the-affordable-care-act/?partner=rss&emc=rss

The Boss: Satellite Healthcare’s Chief, on Setting Yourself Apart

One day around 5 a.m., as my dad stirred a large pot of hot custard, he said, “Someday this could all be yours.” I was not exactly thrilled at the prospect. He probably would have liked one of us to take over for him, but he also said we all have our own destiny.

In 1976, I graduated from the University of California, San Diego, with a liberal arts degree. My first job was in sales at the Purdue Frederick Company, a pharmaceutical concern. The patent for one of its surgical products had expired and there was competition from generic products, so it was a hard sell but a great learning experience for me. Sometimes you must do more than differentiate your product; you must differentiate yourself. You have to build relationships, so interpersonal skills really matter.

In 1981, I joined what is now Baxter International, a health care company, in its renal division, and became a sales manager for the western United States. Baxter wanted me to move from California to its headquarters in Deerfield, Ill., but I’d always lived in California and my wife, Jerese, was pregnant, so moving didn’t appeal to us.

In 1985, I left Baxter to head two dialysis centers that John Capsavage, a nephrologist, owned with his wife, Pat. Moving to a smaller company was a risk, but it paid off, because the smaller organization was more entrepreneurial. In 1991, four physicians and I were in the process of buying the dialysis centers when Satellite Healthcare contacted me about becoming its chief executive. The offer was attractive, and it was timely because it was difficult to obtain financing in the early 1990s. The offer gave me another idea — to ask the Satellite group to partner with the physicians and me.

They agreed, and in 1991 we all formed a joint venture called California Kidney Centers and bought the dialysis centers. I became chief executive of both Satellite and C.K.C., which we sold six years later to another dialysis company.

That first joint venture became a model for Satellite’s future growth. Over the years, we’ve formed more than 20 joint ventures, acquired several companies and expanded to six states. Our Satellite Dialysis division has 38 centers that provide dialysis treatment. In 2002, we added the Satellite WellBound division, which has 18 centers with homelike interiors for training patients to perform dialysis at home.

Someday, hopefully, medication will replace dialysis, or perhaps people will be able to grow a new kidney. But that’s far in the future. Our mission is to improve the lives of those with kidney disease.

For example, we have a grants program to finance young nephrologists doing research, and we support the National Kidney Foundation. We also help our patients with medication, food and finding transportation.

When Satellite was smaller and I could visit our centers more often, I became friends with one patient. When I’d walk in, he’d say, “Hey, chief, how’s it going?” Sadly, he later died, but he left a note for me in which he said how much he and others depended on the center. The man’s note reminded me that people suffering from disease are fathers, mothers, sons and daughters, and that they all have a story.

As told to Patricia R. Olsen.

Article source: http://www.nytimes.com/2013/03/31/jobs/satellite-healthcares-chief-on-setting-yourself-apart.html?partner=rss&emc=rss

Judge Approves BP Criminal Settlement Over Gulf Spill

Several dozen people gave emotional testimony and submitted letters to Judge Sarah S. Vance, of Federal District Court in New Orleans, requesting that she reject the plea agreement reached last November. Some wanted additional financial compensation, while others requested stronger punishment for BP supervisors or a more powerful apology.

“If I had my wish,” wrote Ashley Manuel, daughter of Keith Blair Manuel, one of the 11 rig workers who died, “it would be that the three representatives from BP who sat in my grandparents’ living room and lied to my face about the accident would sit in jail and feel the same pain and loss I feel.”

At the hearing on Tuesday, Luke Keller, a vice president of BP America, apologized to the families. “BP understands and acknowledges its role in that tragedy, and we apologize — BP apologizes — to all those injured and especially to the families of the lost loved ones,” Mr. Keller said. “BP is also sorry for the harm to the environment that resulted from the spill, and we apologize to the individuals and communities who were injured.”

Had the judge not accepted the plea agreement, the company would have faced a long and expensive trial, potentially resulting in tougher penalties.

The company’s stock price, which fell roughly by half after the accident, has recovered more than 40 percent of its loss over the last three years. The company has sold off billions of dollars of assets to pay for damages from the accident and is now a smaller company, but still one focused on drilling in the Gulf of Mexico. The company’s shares rose on the news of the judge’s decision, with its American shares ending the day at $45.21, up almost 2 percent.

The company said it had already paid out more than $24 billion on various settlements and cleanup efforts.

The two top BP officers aboard the Deepwater Horizon drilling rig, Robert Kaluza and Donald Vidrine, were charged with manslaughter in connection with each of the men who died, and David Rainey, a former vice president, was charged with obstruction of Congress and making false statements for understating the rate at which oil was spilling from the well.

A low-level engineer, Kurt Mix, was previously charged with obstruction of justice for deleting text messages about company estimates of the spill flow rate.

Those individual cases are still pending.

Although BP has resolved the criminal charges against the company, it still faces sizable pollution fines before it can put the accident behind it. A settlement with the Justice Department has so far been elusive, and a trial to resolve the remaining civil litigation is scheduled for Feb. 25 in New Orleans.

Under the Clean Water Act, the company faces potential civil fines of $5 billion to $21 billion, based on a government estimate that 4.9 million barrels of oil were released from the Macondo well. The higher fines could be applied if the company were found to be grossly negligent in the spill.

Attorney General Eric H. Holder Jr. has publicly said that the Justice Department is committed to proving the company was grossly negligent. The company does not accept that assessment, contending that the accident was in part the fault of two of its contractors: Transocean, the rig owner and operator, and Halliburton, which handled the cement job on the well.

Transocean agreed this month to settle civil and criminal claims with the federal government and pay $1.4 billion in penalties. Halliburton has not reached any civil or criminal settlements related to the accident.

BP has also argued that the government spill estimate is too high, and company lawyers this month said in a filing to United States District Judge Carl J. Barbier that an estimated 810,000 barrels of escaped oil that it collected should not be counted toward any Clean Water Act fines. A ruling in the company’s favor could reduce fines by $891 million to $3.5 billion.

The company announced some changes to its management team on Tuesday, including the promotion of John Mingé, who has led operations in Alaska, to chairman and president of BP America. He will succeed Lamar McKay, who will now head BP’s upstream business.

Bob Fryar, the executive vice president for production, will become the new executive vice president for safety and operational risk. Officials at BP said the moves did not represent a fundamental change in direction.

Article source: http://www.nytimes.com/2013/01/30/business/judge-approves-bp-criminal-settlement.html?partner=rss&emc=rss

Your Money: On the Hunt For a Better 401(k) Plan

If you work for a large employer, there are often people in human resources with their own ideas about what the investment choices should be and how everyone should share in the costs. And there may be a committee, too, that helps govern things.

Then again, the stakes are often a little lower. Larger employers, thanks to plans that are stuffed with thousands of workers’ life savings, tend to have better investment choices and lower costs. Smaller employers, with little leverage and few or no assets, routinely end up with expensive plans and subpar investment choices.

And then there’s Alan Wenker, the controller for Feed Products North, a small company in Maplewood, Minn., that sells minerals to animal feed mills. Armed with a pretty good understanding of the markets, he still spent an entire decade engaged in stop-and-start efforts to find a better plan for himself and the 25 or so colleagues he has today.

Yes, you read that right. Ten years. It should not take that long, and the marketplace for retirement plans for smaller employers has improved a bit since Mr. Wenker set out on his quest.

Still, anyone at a smaller company who would like to cut costs in half while also improving the investment choices, as he did, would be wise to consider the hurdles he had to clear and the obstacles in his way.

So why are all the details so important? Most people starting their careers now will spend 45 years trying to save enough so they can stop working someday. But if the investment costs and fees inside your 401(k) or similar fund average, say, 1 percent of your assets each year instead of 0.25 percent, the difference can cost over $100,000 by the time those 45 years are up.

And that’s just the fees side. Most actively managed mutual funds, which try to pick investments that will do better than an index of similar securities, often don’t actually outperform that index over long periods of time. Even so, many employers, out of ignorance or blind faith, don’t provide a full menu of index funds in their retirement plans.

Mr. Wenker was only beginning to understand all this in 2000, when he went to work for Feed Products North. He’s 47 years old now, but he’d spent the bulk of his adulthood paying off his student loans and hadn’t paid much attention to the details of the 401(k) plan he had access to at a previous job.

His new company had no plan at all in 2000, so he decided to start one. And he took the path of least resistance, signing up for the 401(k) plan that his company’s payroll processor, ADP, offered. When Feed Products North switched to Paychex a couple of years later, Mr. Wenker moved the plan as well.

All along, however, his opinions about investing were evolving. He’d read Andrew Tobias’s book “The Only Investment Guide You’ll Ever Need” and became a fan of the public radio show now called “Marketplace Money.”

As Mr. Wenker became more aware of the importance of diversification and low costs, he said he realized that his Paychex plan had no index funds and was costing him and his colleagues about 2 percent of their balances each year. (Paul Davidson, director of product management at Paychex, said the company had done some research and discovered that the high costs resulted from Mr. Wenker getting assistance from an outside broker. Mr. Wenker countered that his Paychex representative had urged him to use a broker but that no broker even called him for two years to help with the plan until he urged Paychex to intervene.)

After his realization, Mr. Wenker started shopping around, even picking up the phone when the cold callers rang. “But you always end up at the same place that you already are,” he said. “which is a set of mutual funds and a nice guy with a glossy brochure. But the funds are essentially all the same. They tend to have higher expenses, because they have to pay for the guy in the suit with the glossy brochures.”

As Mr. Wenker got wise to the sales pitches, he often found himself dumbfounded. “I once had a stockbroker nearly yell at me that there was no such thing as a no-load mutual fund,” he said, referring to the front-end and other fees that mutual fund companies sometimes charge and that the broker was insisting were mandatory. “I stared at him in utter disbelief. There are people that believe that humans and dinosaurs walked the earth at the same time. So I can’t convince you to believe something you don’t want to.”

Why such ignorance? Jessica Weiner, who spent years working at insurance companies that pitched plans to small businesses before starting a consulting group called the Value Quotient, has an explanation. “One of the realities you have in the smaller market is that the brokers who get involved with a plan are typically benefits experts,” she said. “I call them incidental brokers.”

As in, 401(k)’s are incidental to them. An afterthought. Where they really make their money is pushing health, life and other insurance, especially policies aimed at senior executives and company owners.

At one point in his search, Mr. Wenker thought to call Vanguard, since it had the broadest selection of index funds and the lowest costs at the time. But Vanguard does not administer 401(k) plans for small companies.

Here is what is supposed to happen today if someone like Mr. Wenker calls Vanguard, according to Gerry Mullane, a principal in the company’s institutional investor group: The representative should refer the caller to a local financial planner or smaller administrator who can help set up a retirement plan that includes Vanguard funds.

Mr. Wenker did not receive a referral when he called several years ago, so he continued his hunt. “Maybe I should have called Vanguard back 25 times until I understood it completely,” he said. “But that’s not all I have to do. A sense of practicality jumps in there as well.”

And therein lies one of the biggest challenges for anyone like him. If you run the finance operation of a small company, you have hundreds of tasks to take care of. Fixing a middling 401(k) plan is something you end up doing on your own time, if you can even make the time when you’re also a father, as Mr. Wenker is.

His breakthrough came in 2008, when he stumbled upon an article about Dimensional Fund Advisors, a mutual fund company that does not attempt to pick stocks but constructs its low-cost portfolios in a way that often ends up outperforming index funds by a bit.

Mr. Wenker called the company for help. Generally, it only lets people invest in its funds through financial advisers. So it put him in touch with Stephen Varley in Minneapolis, and within a year, Mr. Wenker and his colleagues had a new plan with better funds, personalized advice and an overall cost that was more than 50 percent less than what they had been paying before.

Tales like these don’t always have happy endings. The company owner may be a friend or a relative of the person making money by servicing your retirement plan. Or you may have delusional colleagues in charge of the retirement plan who think they can pick market-beating investments with their third arms when they’re not doing their day jobs.

But if you’re like Mr. Wenker, whose boss let him make the call, there are some options available now that can help. Many, in fact, are cheaper than using funds from Dimensional Fund Advisors while also paying for a financial adviser’s time.

I’d start with administrators like Employee Fiduciary, the Online 401(k) and Invest n Retire. They should all be able to provide a plan with low-cost mutual funds or other investments. The ShareBuilder 401(k) plans are also worth a look, as is Charles Schwab’s new initiative to set up plans that include only exchange-traded funds.

If those five don’t work for you, or if you decide, as Mr. Wenker did, that you want an adviser on call, you can phone Vanguard at 1-800-841-7999 and ask for the referral that Mr. Wenker didn’t get several years ago. Dimensional offers referrals, too.

This sort of pursuit will require a bit of baseline knowledge on your part. If you don’t have a head for numbers or lack confidence in your analytical skills, draft someone who does and reel in other allies if you can.

“You have to be a nerd like me to even care about this,” Mr. Wenker said. “For me, it was a labor of love.”

And if it isn’t love for you? Just think about the $100,000 you stand to lose and see if that inspires your inner nerd.

Twitter: @ronlieber

Article source: http://feeds.nytimes.com/click.phdo?i=d561b6cd9215106ebd9be914a3beda06

DealBook: Hershey Chief Leaves to Run Del Monte

David J. West is leaving Hershey, where he was chief executive, to run Del Monte Foods.Hershey via Bloomberg NewsDavid J. West, Hershey’s chief executive, is leaving to run Del Monte Foods.

5:33 p.m. | Updated

The chief executive of Hershey, David J. West, is leaving the publicly traded chocolate maker to run the privately held Del Monte Foods.

Hershey announced the departure of Mr. West on Wednesday. The company appointed John P. Bilbrey, currently the chief operating officer, as the interim chief.

“We’re pleased that J.P. has accepted this position,” James E. Nevels, Hershey’s chairman, said in a statement. “He has worked closely with the board for several years and has been involved in all aspects of the company’s strategy and operations.”

Mr. West, who was named to the top spot at Hershey in 2007, will lead a smaller company in Del Monte. Last year, Hershey reported sales of $5.67 billion and net income of about $510 million. In its last fiscal year, Del Monte generated revenue of $3.7 billion.

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Del Monte’s business has also been struggling. Revenue dropped 1.9 percent in the latest quarter for which the company reported financial results. Operating income improved modestly, to $148 million, from $140.6 million in the period a year earlier.

In March, a group of private equity investors, including Kohlberg Kravis Roberts, Vestar Capital Partners and Centerview Partners, bought Del Monte for more than $5 billion, including debt. The deal had been previously criticized in court for the cozy relationship between the bankers and the private equity players. A state judge, in an opinion, said Barclays had “secretly and selfishly manipulated the sale process,” with the help of K.K.R.

Current and former executives at public companies have a long history of moving to private equity firms or their portfolio companies, which offer the lure of riches without the demands of shareholders. In 2006, the parent of Nielsen Media research, a Dutch company owned by K.K.R., hired David Calhoun, then a vice chairman at General Electric.

Some executives serially switch between public and private companies. In 1989, K.K.R. chose Louis V. Gerstner Jr., then a president at American Express, to head RJR Nabisco, the buyout of which was immortalized in the book “Barbarians at the Gate.”

Four years later, Mr. Gerstner became chairman of the publicly traded I.B.M. After retiring from the computer maker, he went back into the private equity world, becoming chairman of the Carlyle Group in January 2003. He now serves as a senior adviser to Carlyle.

Article source: http://feeds.nytimes.com/click.phdo?i=27ff87d3734c2493a33e24e4f30645e3

Media Decoder: It Came Out of the Viral Media Swamp

Bubble Factory Poster for the film “Creature,” coming in September.

LOS ANGELES — It seems fair to ask why Sidney J. Sheinberg, 76 years old and long retired as president of MCA Inc., the erstwhile parent of Universal Pictures, spent much of last May tromping through the swamps of Louisiana with the crew of a little monster movie called “.”

“If you put me under sodium pentothal, I’d have to conclude I was doing it to be sure I could still do it,” said Mr. Sheinberg, who spoke last week by telephone from Washington, where he was out of the mud and doing public advocacy work with the group Human Rights Watch, of which he is a vice chairman.

But Mr. Sheinberg isn’t done with the monster. Having proved he could still produce a horror movie — he was the executive who thought “,” from a young
Steven Spielberg, was a good idea — Mr. Sheinberg has decided to go one better by distributing it himself through the Bubble Factory, a production company he started 16 years ago with his sons, Jon and Bill.

Do-it-yourself wasn’t Mr. Sheinberg’s first thought for the film, which is directed by Fred Andrews and stars, among others, Sid Haig, a horror veteran whose credits include “,” “Kill Bill: Vol. 2,” and “.”

Mr. Sheinberg said he had tried to negotiate distribution by a studio, which he declined to identify, but had been rebuffed. An executive told him the schedule was full, he said, and besides, there was no place for films that were likely to take in less than $50 million. “He couldn’t work for me, I’ll tell you that,” Mr. Sheinberg said.

Rather than take an offer from a smaller company, Mr. Sheinberg and his sons decided to show the big guys how to handle a small film by releasing “Creature” themselves. Working directly with theater chains like Regal, AMC and Cinemark, they expect to put the film on as many as 2,000 screens in September. Jon Sheinberg, who has learned from past projects how to orchestrate guerrilla marketing through ticketing services like Fandango.com and horror sites like Bloody-disgusting.com, said he is confident that “Creature” can be opened without conventional print and television ads, on a combined production and marketing investment that his father put at less than $10 million.

As for the monster, Sidney Sheinberg declined to say much, except that he will have more shock value than cultural importance. “To market this too seriously,” he said, “would be an act of stupidity I hope I’m not capable of.”

Article source: http://feeds.nytimes.com/click.phdo?i=0e6eb0a89bc689d1fa985a7215933e8c