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One City Built to Last

The news is in: On November 7, 2014, the justices announced they would decide on a lawsuit claiming that the language of the Affordable Care Act doesn’t allow the government to provide tax-credits to low-and-moderate-income health insurance consumers using federally funded Obamacare exchanges operating in more than 30 states. Indeed, there’s a medical quagmire. And there is a lack of communication between doctors, staffing and patients. For example, the Affordable Care Act isn’t just about insurance coverage. The legislation is also about transforming the way health care is provided. In fact, it has brought in new competitors, services and business practices, which are in turn producing substantial industry shifts that affect all players along health care’s value chain. Read Amy Armstrongs story on page 16. On page 21, our reporter Judy Magness, profiles companies all over the country making incredible advances. Take a look at Functional Medicine and the driving breakthroughs in breast cancer while

The news is in: On November 7, 2014, the justices announced they would decide on a lawsuit claiming that the language of the Affordable Care Act doesn’t allow the government to provide tax-credits to low-and-moderate-income health insurance consumers using federally funded Obamacare exchanges operating in more than 30 states. Indeed, there’s a medical quagmire. And there is a lack of communication between doctors, staffing and patients. For example, the Affordable Care Act isn’t just about insurance coverage. The legislation is also about transforming the way health care is provided. In fact, it has brought in new competitors, services and business practices, which are in turn producing substantial industry shifts that affect all players along health care’s value chain. Read Amy Armstrongs story on page 16. On page 21, our reporter Judy Magness, profiles companies all over the country making incredible advances. Take a look at Functional Medicine and the driving breakthroughs in breast cancer while

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Issue 63 NOV 2014<br />

Top Billing<br />

Docs who Overcharge Medicare<br />

After the FLOOD<br />

Climate Change Law Passed<br />

7 Lessons Learned From Cancer<br />

Getting Cancer Wasn’t on the List<br />

Functional Medicine<br />

Drives Breakthroughs in Breast Cancer<br />

NEWYORK<br />

one city built <strong>to</strong> last<br />

mayor de blasio


<strong>Built</strong> for the road ahead.<br />

Designed for living. Engineered <strong>to</strong> last.<br />

Vertrek Crossover<br />

w/ Ford’s Kinetic Design<br />

Eco-Boost Engine<br />

Hybrid Regenerative Braking<br />

w/ Au<strong>to</strong>-S<strong>to</strong>p-Start Technology


publishers note<br />

ISSUE 63 | NOV 2014<br />

Publisher<br />

Erwin E. Kan<strong>to</strong>r<br />

Managing Edi<strong>to</strong>r<br />

Michael Gordon<br />

Edi<strong>to</strong>r in Chief<br />

Helen Moss<br />

Edi<strong>to</strong>rial<br />

Robert Jordan<br />

Sean Goldstein<br />

Rachel Feinstein<br />

Staff Writers<br />

L. A. Rivera<br />

Matt Camara<br />

David Gordon<br />

A. Marie Velthuizen<br />

Judy Magness<br />

Enid Burns<br />

Felix Badea<br />

Peter Suciu<br />

David Stein<br />

Amy M. Armstrong<br />

Annabelle Pres<strong>to</strong>n<br />

Illustra<strong>to</strong>rs<br />

Paul Kales<br />

Steve Delmonte<br />

Steve Smeltzer<br />

Norman Jung<br />

Marketing / Advertising<br />

Monica Link<br />

Sean Rome<br />

For subscription details, contact:<br />

edi<strong>to</strong>rialdept@thesuitmagazine.com<br />

For advertising inquiries, contact:<br />

advertising@thesuitmagazine.com<br />

No part of The Suit Magazine may be<br />

reproduced or transmitted in any form<br />

of by any means, without prior written<br />

consent of the edi<strong>to</strong>r.<br />

Due <strong>to</strong> the nature of the printing process,<br />

images can be subject <strong>to</strong> a variation of up<br />

<strong>to</strong> 15 per cent, therefore The Suit Magazine<br />

cannot be held responsible for such<br />

variation.<br />

MEDICAL QUAGMIRE?<br />

The news is in: On November<br />

7, 2014, the justices announced<br />

they would decide on a lawsuit<br />

claiming that the language of<br />

the Affordable Care Act doesn’t allow<br />

the government <strong>to</strong> provide tax-credits<br />

<strong>to</strong> low-and-moderate-income health<br />

insurance consumers using federally<br />

funded Obamacare exchanges operating<br />

in more than 30 states.<br />

Indeed, there’s a medical quagmire.<br />

And there is a lack of communication<br />

between doc<strong>to</strong>rs, staffing and patients.<br />

For example, the Affordable Care Act<br />

isn’t just about insurance coverage. The<br />

legislation is also about transforming<br />

the way health care is provided. In fact,<br />

it has brought in new competi<strong>to</strong>rs, services<br />

and business practices, which are<br />

in turn producing substantial industry<br />

shifts that affect all players along health<br />

care’s value chain. Read Amy Armstrongs<br />

s<strong>to</strong>ry on page 16.<br />

On page 21, our reporter Judy Magness,<br />

profiles companies all over the<br />

country making incredible advances.<br />

Take a look at Functional Medicine and<br />

the driving breakthroughs in breast<br />

cancer while looking at conventional<br />

and alternative healthcare approaches.<br />

In addition, we featured Scott Petinga,<br />

Chairman and CEO of The Scott Petinga<br />

Group.<br />

The article looks at the 7 business lessons<br />

learned from Cancer and his views<br />

on the way people commit <strong>to</strong> change,<br />

on page 14.<br />

Outside of Health, we look in<strong>to</strong> the<br />

problems of climate change. How New<br />

York <strong>City</strong> has embarked on an aggressive<br />

plan <strong>to</strong> curb the predicted impacts<br />

of global warming.<br />

In the end, as the clock winds down<br />

on 2014, we look forward <strong>to</strong> another<br />

year shaped with change and innovation<br />

in health and technology. It’s<br />

quite an issue. Take some time <strong>to</strong> read<br />

and learn from great innova<strong>to</strong>rs, entrepreneurs,<br />

and experts from around the<br />

country. And as always we invite you <strong>to</strong><br />

visit our website at www.thesuitmagazine.com<br />

and let us know what you<br />

think.<br />

Best,<br />

Erwin Kan<strong>to</strong>r<br />

Erwin Kan<strong>to</strong>r, Publisher


CONTENTS<br />

NOV 2014<br />

Issue 63 NOV 2014<br />

12<br />

NEWYORK<br />

one city built <strong>to</strong> last<br />

mayor deblasio<br />

Top Billing<br />

Docs who Overcharge Medicare<br />

After the FLOOD<br />

Climate Change Law Passed<br />

7 Lessons Learned From Cancer<br />

Getting Cancer Wasn’t on the List<br />

Functional Medicine<br />

Drives Breakthroughs in Breast Cancer<br />

FEATURES<br />

14<br />

I never set out <strong>to</strong> be a “survivor.” My life’s<br />

aspirations were pretty basic: become successful<br />

professionally, marry my soul mate, have two<br />

beautiful children and perhaps even retire early.<br />

Getting cancer certainly wasn’t on the list.<br />

7 Business Lessons learned from Cancer<br />

16 Physician Shortfall in the ACA<br />

Courts continue <strong>to</strong> hammer out whether the subsidies<br />

promised <strong>to</strong> low-income holders of health<br />

insurance benefits will be honored.<br />

8Top Billing: Meet the Docs who Charge<br />

Medicare Top Dollars for Office Visits<br />

Medicare paid for more than 200 million office visits for established<br />

patients in 2012. Overall, health professionals classified only 4 percent<br />

as complex enough <strong>to</strong> command the most expensive rates.<br />

HEALTH / TECHNOLOGY<br />

26<br />

Specializing for a Productive Business Venture<br />

A die-hard believer in specialization<br />

28<br />

Never Make the Same Mistake Twice<br />

The Affordable Care Act firmly entrenched and grossly over-complicated<br />

30 Seeking <strong>to</strong> Become a <strong>One</strong>-S<strong>to</strong>p Shop<br />

Ohio Medical Equipment Services Firm Launches Innovative<br />

“replacement-parts finance Program”<br />

32 Cyber-Connecting with Health<br />

International health plans a Corporate Family of Insurance<br />

33 Compliance is Key for Health Care Industry<br />

Affects more than just care providers while under PPACA<br />

18 New York’s Green Revolution<br />

New York <strong>City</strong> has embarked on an aggressive plan<br />

<strong>to</strong> curb the predicted impacts of global warming thus<br />

setting an example for other major metro areas <strong>to</strong> follow<br />

in their own respective efforts <strong>to</strong> thwart the threats<br />

caused by warmer ocean temperatures<br />

23 Functional Medicine<br />

Drives Breakthroughs in breast cancer. Just what is<br />

functional medicine? Perhaps it is better explained<br />

by also describing conventional and alternative<br />

healthcare approaches.<br />

16<br />

THE SUIT MAGAZINE - NOV 2014


BUSINESS / FINANCE<br />

34 Technology Services Tailored <strong>to</strong> client needs<br />

Consultants partner forming end-<strong>to</strong>-end solutions providing<br />

Dynamic Strategies<br />

37 Obamacare Fuels Compliance Industry<br />

Implementation of the Affordable Care Act<br />

38<br />

Helping Small Lenders<br />

transformative time for the financial industry’s<br />

lending segment<br />

40 Employee non-Competition Agreements:<br />

Fairness and Enforceability Should be the Benchmark<br />

Legal Target<br />

41 Independent But Connected<br />

An Independent Consultant Who Sees Her NETWORK<br />

as a Key <strong>to</strong> Success.<br />

42<br />

Everyone’s a Potential Client<br />

The limitations on Health Insureance<br />

46<br />

48<br />

Early identification of LD and ADHD<br />

Children’s Diagnostic Learning Tests<br />

49 The Business of Brightness<br />

Without the business of lighting, the world would be<br />

in a dark age<br />

50 Commitment <strong>to</strong> Community<br />

A Passion With a Purpose<br />

51 A straightline path <strong>to</strong> Retirement<br />

STOP the jargon, it’s <strong>to</strong>o confusing<br />

52<br />

Corners<strong>to</strong>nes of Honesty and Loyalty<br />

Putting Information Together in <strong>One</strong> Place<br />

54 Offsetting the Traditional Four % Rule<br />

Butler, Philbrick, Gordillo & Associates Group<br />

57<br />

Providing More than Just Health Insurance<br />

Alaska’s largest Affordable Care Act enroller<br />

Shifting Markets Demand Capability<br />

Taking defensive positions lessons learned from the<br />

2008 meltdown<br />

58 Wealth: It’s More than Just Money<br />

Looking beyond having the wealth needed <strong>to</strong> retire<br />

60 Making a Strong Case<br />

Expert witness views financial disputes<br />

62 Thinking the UNTHINKABLE:<br />

Envisioning the “What Ifs?” in business<br />

63<br />

Beyond Accounting<br />

Financial metrics improves credit-worthines<br />

64 Expert Witness Use on The Rise<br />

A rise in court cases requiring expert testimony is expected<br />

66 Familial Advice at Any Hour<br />

There for the just “in case of” planning for retirement<br />

67<br />

68 A Mission <strong>to</strong> Create Affordable Housing<br />

Putting partial blame on banks for the residential credit crisis<br />

71<br />

The Financial Cacoon<br />

Ensuring irreplaceable capital isn’t lost<br />

Guiding People Through Retirement<br />

Understanding the need <strong>to</strong> prepare for retirement<br />

72<br />

A Balance of Emotion and Economics<br />

Helping clients through financial hardship<br />

74<br />

A Uniform Fiduciary Standard?<br />

It Could Work - If Done Right<br />

THE SUIT MAGAZINE p.5


BUSINESS / FINANCE<br />

76<br />

Paladin a Different Methology<br />

Better than a knight in shining armor<br />

77 Guiding clients is Key<br />

Communication is crucial <strong>to</strong> ensuring client confidentiality<br />

78<br />

80<br />

82<br />

Retirment Looks Different for Everyone<br />

Blanket investment policies are gone<br />

Keeping Clients Poised on the Rollercoaster<br />

Expert Testimony From Registered Nurses<br />

An emerging career field making an impact<br />

84<br />

86<br />

Opportunity in Down Markets<br />

It is said that investing is not for the faint of heart<br />

Independent advice Based on own Experience<br />

Businesses searching for quality and independent advice


THE SUIT MAGAZINE p.7


Top Billing:<br />

Meet the Docs who Charge<br />

Medicare Top Dollar for Office Visits<br />

by charles ornstein and ryann grochowski jones, propublica<br />

Pho<strong>to</strong>: Javier Jaen<br />

Medicare paid for more than 200 million office visits for established patients in<br />

2012. Overall, health professionals classified only 4 percent as complex enough <strong>to</strong><br />

command the most expensive rates. But 1,800 providers billed at the <strong>to</strong>p level at<br />

least 90 percent of the time, a ProPublica analysis found. Experts question whether<br />

the charges are legitimate.<br />

Office visits are the<br />

bread and butter of<br />

many physicians'<br />

practices. Medicare<br />

pays for more than<br />

200 million of them<br />

a year, often <strong>to</strong> deal<br />

with routine problems like colds or high<br />

blood pressure. Most require relatively<br />

modest amounts of a doc<strong>to</strong>r's time or<br />

medical know-how.<br />

Not so for Michigan obstetrician-gynecologist<br />

Obioma Agomuoh. He charged<br />

THE SUIT MAGAZINE - NOV 2014<br />

for the most complex — and expensive<br />

— office visits for virtually every one of<br />

his 201 Medicare patients in 2012, his<br />

billings show. In fact, Medicare paid Agomuoh<br />

for an average of eight such visits<br />

per patient that year, a staggering number<br />

compared with his peers.<br />

Doc<strong>to</strong>rs and other health providers nationwide<br />

charged the <strong>to</strong>p rate in 2012 for<br />

just 4 percent of office visits for patients<br />

they had seen before. But Agomuoh was<br />

one of more than 1,800 health professionals<br />

nationwide who billed Medicare for<br />

the most expensive type of office visits<br />

at least 90 percent of the time that year,<br />

a ProPublica analysis of newly released<br />

Medicare data found.<br />

Dr. John Im, who runs a Florida urgent<br />

care center, charged the program at<br />

that level for all 2,376 visits by his established<br />

patients. Kaveh Farhoomand, an<br />

Oceanside, California, internist facing<br />

disciplinary charges from his state medical<br />

board, collected the highest rate <strong>to</strong> see<br />

almost all of his 301 Medicare patients an<br />

average of seven times each.


By exposing such massive variations in<br />

how doc<strong>to</strong>rs bill the nation's health program<br />

for seniors and the disabled, experts<br />

said, ProPublica's analysis shows Medicare<br />

could—and should—be doing far more <strong>to</strong><br />

use its own data <strong>to</strong> sniff out cost-inflating<br />

errors and fraud.<br />

"I think this is a smoking gun," said Dr.<br />

Robert Berenson, a former senior Medicare<br />

official who is now a fellow at the Urban<br />

Institute, a Washing<strong>to</strong>n, D.C., think tank.<br />

"Who's asleep at the switch here?"<br />

The Centers for Medicare and Medicaid<br />

Services, which runs Medicare, declined an<br />

interview request and said in a statement<br />

that it could not comment on ProPublica's<br />

analysis because it had not seen it.<br />

"CMS is working <strong>to</strong> ensure that physicians<br />

and health care providers appropriately<br />

bill" for office visits, part of a category<br />

known as evaluation and management<br />

(E&M) services, the agency said. "Some<br />

providers have sicker patients, thus are<br />

more likely <strong>to</strong> bill at E&M coding levels<br />

that carry higher payments. Every day we<br />

work with providers <strong>to</strong> make patient care<br />

the priority, and at the same time ensure<br />

they use E&M codes that reflect the level of<br />

service provided."<br />

The agency also said "it would be highly<br />

unusual for a provider <strong>to</strong> knowingly<br />

use the highest E&M billing code for all or<br />

nearly all of his or her outpatient visits."<br />

American Medical Association President<br />

Dr. Ardis Dee Hoven cautioned that billing<br />

data can be misleading without considering<br />

further details about doc<strong>to</strong>rs' practices.<br />

Even those who handle medical billing<br />

professionally sometimes disagree about<br />

the right way <strong>to</strong> classify a visit.<br />

Agomuoh, Im and Farhoomand insist<br />

that they treat older, sicker or more difficult<br />

patients than their peers. Agomuoh<br />

also suggested that the Medicare data contained<br />

errors; the agency stands behind it.<br />

Individually, office visits for established<br />

patients cost taxpayers little, ranging from<br />

an average of $14 for the simplest cases <strong>to</strong><br />

more than $100 for the most extensive. But<br />

collectively, they add up. Medicare shelled<br />

out more than $12 billion for them in 2012.<br />

Agomuoh received $174,000 for the visits<br />

he billed at the <strong>to</strong>p rate alone, tens of thousands<br />

of dollars more than he would have<br />

taken in if his charges were more in line<br />

with his peers'.<br />

In April, Medicare released data showing<br />

2012 payments for outpatient services,<br />

and for the first time specified how much<br />

money went <strong>to</strong> individual health provid-<br />

ers. Since then, most of the attention<br />

has focused on doc<strong>to</strong>rs who made the<br />

most from the program.<br />

Looking at raw numbers, though,<br />

can unfairly flag some doc<strong>to</strong>rs who<br />

have multiple providers billing under<br />

their IDs or who justifiably use expensive<br />

services. It can be more revealing<br />

<strong>to</strong> look at which procedures doc<strong>to</strong>rs are<br />

performing and how frequently, and<br />

how their billings compare with those<br />

of their peers.<br />

Office visits are a case in point. Doc<strong>to</strong>rs<br />

or their staffs determine how <strong>to</strong><br />

bill for a visit based on a variety of fac<strong>to</strong>rs,<br />

including the thoroughness of the<br />

review of a patient's medical his<strong>to</strong>ry,<br />

the comprehensiveness of the physical<br />

exam, and the complexity of medical<br />

decision-making involved. The AMA's<br />

coding system gives them five options.<br />

An uncomplicated visit, typically of<br />

short duration, should be coded a "1"; a<br />

visit that involves more intense examination<br />

and often consumes more time<br />

should be coded a "5." The most common<br />

code for visits is in the middle, a<br />

"3."<br />

ProPublica focused its analysis on the<br />

329,500 physicians and other providers<br />

who charged for at least 100 office visits<br />

for established patients. (Medicare<br />

did not release data on services that a<br />

provider performed on fewer than 11<br />

patients.)<br />

We found that while most providers<br />

had a tiny percentage of level 5 cases,<br />

more than 1,200 billed exclusively at<br />

the highest level. Another 600 did it<br />

more than 90 percent of the time. About<br />

20,000 health professionals billed only<br />

at levels 4 or 5.<br />

The AMA's Hoven warned that the<br />

data could reflect errors or attribute<br />

high-priced visits <strong>to</strong> one doc<strong>to</strong>r when<br />

the services were actually provided by<br />

another. Further, she said, because a<br />

growing number of seniors have multiple<br />

chronic conditions and complex<br />

medical his<strong>to</strong>ries, more level 4 or 5 office<br />

visits may be justified.<br />

But other health industry leaders<br />

called the billing patterns identified by<br />

our analysis troubling.<br />

"I can't see a situation where every<br />

visit would be a level 5, especially on<br />

an established patient," said Cyndee<br />

Wes<strong>to</strong>n, executive direc<strong>to</strong>r of the American<br />

Medical Billing Association, an industry<br />

trade group. "I was trying <strong>to</strong> talk<br />

THE SUIT MAGAZINE p.9


myself in<strong>to</strong> it, but I just can't see it."<br />

She said such providers "would be ripe<br />

for audit," because they are outliers.<br />

Medicare has long known that office<br />

visits are susceptible <strong>to</strong> fraud and what's<br />

known as "upcoding," or billing for a<br />

more expensive service than was actually<br />

performed.<br />

A May 2012 report from the U.S. Department<br />

of Health and Human Services'<br />

inspec<strong>to</strong>r general found that doc<strong>to</strong>rs are<br />

choosing higher codes more often for<br />

evaluation and management services, the<br />

broad category that includes office visits.<br />

The proportion of level 4 visits by established<br />

patients increased by 15 percentage<br />

points from 2001 <strong>to</strong> 2010, while level<br />

3 visits dropped by 8 points.<br />

The HHS inspec<strong>to</strong>r general recommended<br />

that Medicare educate doc<strong>to</strong>rs,<br />

ask its contrac<strong>to</strong>rs <strong>to</strong> review E&M billings,<br />

and conduct detailed reviews of<br />

physicians who consistently bill for higher-level<br />

visits. CMS administra<strong>to</strong>r Marilyn<br />

Tavenner agreed with the first two<br />

recommendations but only committed<br />

the agency <strong>to</strong> reviewing a small number<br />

of the highest billers.<br />

She noted that the return on investment<br />

<strong>to</strong> check billings for visits wasn't<br />

great. The average error cost Medicare<br />

$43, but the program paid $30 <strong>to</strong> $55 <strong>to</strong><br />

review each claim.<br />

Using a sample of Medicare data, nonprofit<br />

investigative group the Center for<br />

Public Integrity found a similar trend in<br />

upcoding office and emergency room<br />

visits across the country in an analysis<br />

it published in September 2012. And a<br />

Medicare report from 2013estimated that<br />

established patient visits had a 7 percent<br />

improper payment rate, accounting for<br />

approximately $965 million in 2012.<br />

"That's real money coming out of the<br />

Treasury," the Urban Institute's Berenson<br />

said. "Some doc<strong>to</strong>rs are robbing the commons<br />

for themselves."<br />

By looking at provider-level data, patients<br />

can evaluate their doc<strong>to</strong>rs' billing<br />

patterns. The providers flagged by Pro-<br />

Publica stand out from others in their<br />

specialties and states. Some were senior<br />

doc<strong>to</strong>rs at prominent teaching hospitals<br />

who may disproportionately care for<br />

complex cases; most were not.<br />

Explore Obioma Agomuoh's provider profile<br />

Agomuoh was one of 790 Michigan<br />

obstetrician-gynecologists who billed<br />

Medicare for established patient visits<br />

in 2012. Together, these doc<strong>to</strong>rs billed<br />

THE SUIT MAGAZINE - NOV 2014<br />

for about 61,000 office visits, of which<br />

7 percent were classified as level 5. By<br />

contrast, 97 percent of Agomuoh's office<br />

visits were at the highest level. His level<br />

5 visits accounted for 35 percent of those<br />

for all ob-gyns in Michigan.<br />

In an interview, Agomuoh said he does<br />

not believe the data is accurate, even<br />

though Medicare says it is. Agomuoh<br />

also said he takes on <strong>to</strong>ugh patients other<br />

providers won't see in the impoverished<br />

community of Hamtramck, Michigan,<br />

outside Detroit.<br />

"Most of these patients have been rejected<br />

by other doc<strong>to</strong>rs," he said. "I'm<br />

probably the only one taking care of<br />

them."<br />

But Agomuoh's Medicare billings were<br />

unusual in other ways, <strong>to</strong>o, ProPublica's<br />

analysis showed.<br />

The program paid for wheezing evaluations<br />

for every one of his patients in<br />

2012, at $50 a pop. On average, each of<br />

his patients was checked for wheezing<br />

eight times. Almost all of his patients<br />

also received an average of seven ultrasounds<br />

of arteries in the legs (at $149 per<br />

test) and seven ultrasounds of arteries in<br />

the arms (at $144 per test). Most of his<br />

peers rarely, if ever, billed for these services.<br />

All <strong>to</strong>ld, Medicare paid Agomuoh<br />

$769,000 in 2012.<br />

Agomuoh has a long his<strong>to</strong>ry of discipline<br />

against his medical licenses and<br />

has been sanctioned for negligence, making<br />

false statements, failing <strong>to</strong> pay child<br />

support and lying about it. He has surrendered<br />

his license in New York, agreed<br />

not <strong>to</strong> renew his license inConnecticut,<br />

withdrawn his application for a license in<br />

Ohio and was once on probation in Michigan.<br />

Agomuoh, who is running for governor<br />

of a state in Nigeria, where he was<br />

born, said his billings reflect that many<br />

of his patients have asthma, chronic obstructive<br />

pulmonary disease and drug<br />

addictions. He initially said a reporter<br />

could visit his office but then changed his<br />

mind a day later, referring further questions<br />

<strong>to</strong> his lawyer, Fred Freeman.<br />

"Why are you bothering him?" Freeman<br />

asked. "You're not being fair <strong>to</strong> him<br />

at all. He has nothing <strong>to</strong> say <strong>to</strong> you."<br />

Medicare declined <strong>to</strong> answer questions<br />

about Agomuoh, or about other<br />

individual practitioners, and there's no<br />

indication that program officials have<br />

challenged his billings. Medicare officials<br />

have said that their data may not take<br />

in<strong>to</strong> account money collected by a provider<br />

and subsequently returned <strong>to</strong> CMS,<br />

or payments that "may have been withheld<br />

after claims were already processed<br />

but prior <strong>to</strong> release <strong>to</strong> the provider."<br />

Medicare did question the billing practices<br />

of Im, the doc<strong>to</strong>r who coded 100 percent<br />

of his visitsas level 5. Im runs Exceptional<br />

Urgent Care in The Villages, a huge<br />

retirement community in central Florida,<br />

and said that because of his training as an<br />

emergency room physician, his center attracts<br />

sicker patients than others do.<br />

He said that after being contacted by<br />

Medicare officials last year, he <strong>to</strong>ok "voluntary<br />

tu<strong>to</strong>ring and counseling" and now


estimates that around 90 percent of his<br />

office visits are level 5.<br />

"Yes it was inaccurate in 2012," he conceded,<br />

blaming his coding problems, in<br />

part, on Medicare's lack of billing categories<br />

tailored <strong>to</strong> urgent care. "Medicare<br />

gave us a call. 2013 is going <strong>to</strong> be a lot<br />

more accurate."<br />

Experts, however, said that it was<br />

implausible that an urgent care doc<strong>to</strong>r<br />

would never see patients with minor ailments.<br />

Other urgent care centers in the<br />

region, including some run by emergency<br />

specialists, have lower proportions<br />

of level 5 visits, ProPublica's analysis<br />

showed.<br />

"Bring in the logic police," said Shelley<br />

C. Safian, who teaches medical billing<br />

and has written textbooks on the <strong>to</strong>pic.<br />

"Even an emergency room in a hospital,<br />

not everybody is a level 5."<br />

Im earned $237,600 from the government<br />

for his level 5 visits in 2012, plus<br />

patient copays. Im is still a Medicare provider<br />

in good standing, according <strong>to</strong> the<br />

program'sPhysician Compare website,<br />

and Medicare declined <strong>to</strong> respond <strong>to</strong><br />

questions about him.<br />

Farhoomand offered a similar explanation<br />

<strong>to</strong> Im's for why his patient visits<br />

were predominantly coded at the <strong>to</strong>p<br />

level. All <strong>to</strong>ld, the San Diego-area internist<br />

billed Medicare for more than 2,100<br />

level 5 visits, one of the highest tallies in<br />

the nation.<br />

"I have a predominantly geriatric population,<br />

and I do mostly chronic critical<br />

illness, so all of my patients have, like,<br />

multi-organ failure, heart failure, diabetes<br />

with multiple complications, etc.<br />

etc.," he said. "I'm savvy enough that I<br />

handle most of their issues myself, and<br />

I use specialists only for procedures and<br />

such things."<br />

Farhoomand is facing a 2013 accusation<br />

by the California medical board of<br />

gross negligence in his prescribing of<br />

controlled substances, a charge he denies.<br />

"No good deed goes unpunished," he<br />

said. "I wind up managing most of their<br />

chronic pain."<br />

He said he is in talks with the board <strong>to</strong><br />

settle the accusation.<br />

Experts say there are plenty of flaws<br />

with the way Medicare reimburses doc<strong>to</strong>rs.<br />

The program pays a premium for<br />

hands-on procedures, such as inserting<br />

a pacemaker, but undervalues the decision-making<br />

at office visits <strong>to</strong> sort out<br />

the cause of a complaint and the proper<br />

treatment, some say.<br />

Dr. Christine Sinsky, a Dubuque,<br />

Iowa, internist has shadowed more<br />

than 50 physician practices <strong>to</strong> assess the<br />

way they are organized and has written<br />

about the <strong>to</strong>pic. She said she worries that<br />

as Medicare imposes more rules and requirements,<br />

the focus is shifting away<br />

from patients' needs and <strong>to</strong>ward checking<br />

boxes on electronic health records.<br />

These systems are designed <strong>to</strong> keep better<br />

track of doc<strong>to</strong>rs' services but have<br />

been linked <strong>to</strong> upcoding.<br />

"Physicians are very afraid of being an<br />

outlier," Sinsky said. "I have a lot of compassion<br />

for physicians who are struggling<br />

with the billing rubric, because it is<br />

sometimes a force pushing us away from<br />

what we know is best for our patients."<br />

Indeed, some health professionals<br />

blamed billing issues on electronic health<br />

systems. Arizona op<strong>to</strong>metrist Serge<br />

Wright was surprised <strong>to</strong> learn that 959 of<br />

his 2012 office visits were coded as level<br />

5 — and that he'd charged the <strong>to</strong>p rate<br />

more than all the other op<strong>to</strong>metrists in<br />

the state put <strong>to</strong>gether.<br />

"Wow, that sounds dis<strong>to</strong>rted," he said.<br />

Wright speculated that the coding<br />

could reflect a switch <strong>to</strong> a new electronic<br />

medical record system a couple of years<br />

ago.<br />

"I don't think I ever used a 99215 [level<br />

5 visit code]" until then, he said, noting<br />

that the new system is supposed <strong>to</strong> check<br />

whether enough documentation has<br />

been entered <strong>to</strong> justify each charge. "In<br />

the past, without the electronic records,<br />

it <strong>to</strong>ok more time <strong>to</strong> keep track of all of<br />

the elements of an exam <strong>to</strong> code it. I think<br />

everyone was undercoding at that point,<br />

myself included."<br />

THE SUIT MAGAZINE p.13


7<br />

Business Lessons<br />

Learned from Cancer<br />

By Scott Petinga<br />

I<br />

never set out <strong>to</strong> be a “survivor.”<br />

My life's aspirations were pretty<br />

basic: become successful professionally,<br />

marry my soul mate,<br />

have two beautiful children and perhaps<br />

even retire early. Getting cancer<br />

certainly wasn’t on the list. But there<br />

I was, lying on the operating table the<br />

day of my surgery, shivering - not<br />

knowing how much longer I actually<br />

had <strong>to</strong> live and hoping that, when I<br />

opened my eyes, I would awaken from<br />

the nightmare. It didn’t happen. Cancer<br />

was a cold, hard reality that has<br />

certainly changed me. I look different,<br />

feel different and act different. Besides<br />

indelibly altering my outlook on life,<br />

cancer taught me hard-learned lessons<br />

on how <strong>to</strong> conduct business and realize<br />

success in a more significant and<br />

gratifying way.<br />

Here are 7 business lessons I learned<br />

from cancer that can help others in<br />

their own professional endeavors:<br />

1. Fight for what you believe in.<br />

I have a tat<strong>to</strong>o on my left forearm that<br />

says, in Chinese, “<strong>to</strong> turn defeat in<strong>to</strong><br />

vic<strong>to</strong>ry.” That is how important the<br />

concept is <strong>to</strong> me. If you don’t take a<br />

stand for those issues that really matter<br />

<strong>to</strong> you, someone else is going <strong>to</strong><br />

make the decision for you. Regardless<br />

of how extremely difficult a business<br />

or workplace challenge might appear<br />

in the moment, it's only temporary. It<br />

is human nature <strong>to</strong> question our own<br />

ability, especially when we are facing<br />

a challenge that is taxing, difficult,<br />

new or involves opposition or criticism<br />

from others. When you have a<br />

viable position that bucks the status<br />

quo, don’t be afraid <strong>to</strong> take a stand in<br />

line with your vision and values. And,<br />

be prepared. Base your position on<br />

facts, figures and well-researched information<br />

rather than trying <strong>to</strong> make<br />

emotional appeals. Anticipate objections<br />

and backlash and be prepared <strong>to</strong><br />

counter with an even stronger argument.<br />

Be as transparent as possible so<br />

that there is no seemingly clandestine<br />

agenda or bias <strong>to</strong> be exposed later on.<br />

And, most importantly, hold steadfast<br />

<strong>to</strong> your standards and ideals all along<br />

the way.<br />

2. If you don’t love what you do,<br />

quit doing it. Love what you do, and<br />

be surrounded by people who share<br />

your passion. No matter your age,<br />

education, or tenure in the business<br />

world, NOW is the time <strong>to</strong> focus on<br />

what you're passionate about. Don't<br />

wait for conditions <strong>to</strong> be perfect or for<br />

your life <strong>to</strong> be threatened. Don’t just go<br />

through the motions half-ass. Find the<br />

gasoline that lights your fire. Quench<br />

your thirst for learning and investigate<br />

outside of your comfort zone. Empower<br />

yourself <strong>to</strong> make decisions and take<br />

actions, and uncover the value in your<br />

effort even when you fail. Then try<br />

again.<br />

3. Make life better for those<br />

around you. I now understand that the<br />

quality and happiness of life directly<br />

impacts quality of work. Ask yourself<br />

‘what can I do <strong>to</strong> help’—whether in<br />

relation <strong>to</strong> a colleague, an employee,<br />

a boss, a business partner. And, don’t’<br />

expect anything in return. A spirit<br />

of altruism is the best way <strong>to</strong> proffer<br />

help without any level of expectation,<br />

so there will be no disappointments in<br />

kind. If you’re an employer, discern<br />

how you can go over and above <strong>to</strong> help<br />

an employee apparently struggling<br />

with a personal issue, which could include<br />

paying for their health insurance<br />

premium for a period and giving them<br />

paid time off <strong>to</strong> deal with a difficult life<br />

situation. If you’re an employee, offer<br />

<strong>to</strong> grab coffee or lunch for your boss<br />

or a colleague “on your dime.” S<strong>to</strong>ck<br />

the employee break room with pastries<br />

“just because.” Call a business partner<br />

THE SUIT MAGAZINE - NOV 2014


or prospect just <strong>to</strong> say “hi” and don’t<br />

talk any business. Even more simply,<br />

greet people with positivity. Encourage<br />

them. Compliment them. Lend<br />

them a helping hand. Notice their<br />

progress, cheer them on and make<br />

them smile. The more happiness and<br />

success you help others find, the more<br />

fulfillment you will realize every single<br />

day of your life. If it makes the<br />

world a better place, even for a fleeting<br />

moment, you have succeeded.<br />

4. Do your own thing and do it<br />

your way. The concept of going your<br />

own way and doing your own thing<br />

is not new. The problem is, most<br />

people don’t do it because it bucks<br />

tradition and goes against the grain,<br />

and frankly, it scares the s#%! out of<br />

most people. But on the other hand,<br />

it can provide you with a hell of a lot<br />

of freedom, and provide you a lifelong<br />

exemption from blindly or reluctantly<br />

following pro<strong>to</strong>col. Mavericks<br />

live according <strong>to</strong> their own agenda<br />

and goals and, even in the corporate<br />

world, there is more latitude <strong>to</strong> blaze<br />

new trails in business than you might<br />

think. The key is <strong>to</strong> look at each task<br />

be consumed with remorse for what<br />

“could have been.” Now is the time <strong>to</strong><br />

capitalize on opportunities that present.<br />

Make it so.<br />

6. Live life like a two year old. In<br />

other words, fall down often, screw up<br />

for the opportunities they present.<br />

Sure, there may be a “perfectly fine”<br />

or traditional way of doing something<br />

<strong>to</strong> achieve a good result. But, when<br />

you have a better approach or process<br />

in mind that can achieve an even<br />

more desirable result, it may just be<br />

time <strong>to</strong> go rogue. In <strong>to</strong>day’s cut-throat<br />

culture, originality is perhaps your<br />

greatest gift. Use it.<br />

5. Risk it right now. At this very<br />

moment you have everything you<br />

need. Sound impossible? It happens<br />

<strong>to</strong> be true, you just may not appreciate<br />

it. Do you have food, clothing and<br />

shelter? Then you have everything<br />

you need and, once you live by this<br />

simple philosophy, taking risks becomes<br />

far easier. The most important<br />

part of this notion is that most business<br />

opportunities don’t wait around,<br />

so take action now. Don’t make the<br />

mistake of waiting on someone or<br />

something <strong>to</strong> come along <strong>to</strong> make<br />

taking that leap of faith more viable.<br />

“Perfect timing” is a fallacy—there<br />

are few if any such moments in life.<br />

Don’t wait so long that you can’t take<br />

a risk even when you want <strong>to</strong>, only <strong>to</strong><br />

repeatedly and occasionally be defiant.<br />

Children are extremely resilient and,<br />

as adults, we lose this enviable quality.<br />

Throughout our career we proverbially<br />

fall down, get bruised and even<br />

skin our knees. We might even literally<br />

shed a few tears. But, perseverance and<br />

tenacity, honed with hindsight-based<br />

perspective so as <strong>to</strong> not repeat the same<br />

mistakes, are key <strong>to</strong> staying the course up<br />

the ladder of achievement.<br />

7. Forecast regrets <strong>to</strong> reorganize.<br />

When someone is on their death bed,<br />

they never say “I wish I had worked<br />

more”. They regret not spending more<br />

time on the things that matter the most.<br />

That said, not all regrets would be related<br />

<strong>to</strong> your personal life. If, hypothetically,<br />

you had two less working hours every<br />

day, what would you cut out? You’d cut<br />

out the least important tasks and focus<br />

more energy on the endeavors you are<br />

confident would impact the bot<strong>to</strong>m line<br />

or your career trajec<strong>to</strong>ry the most. Don’t<br />

wait for a major adverse event or unforeseen<br />

time crunch <strong>to</strong> reorganize your<br />

work life. Project your thoughts in<strong>to</strong> a<br />

problematic “what if” scenario <strong>to</strong> prioritize,<br />

downsize, re-allocate, offset, delegate<br />

and downright omit whatever you<br />

can <strong>to</strong> expedite your climb up the ladder<br />

of success.<br />

They say cancer has a way of changing<br />

people. This is true, but there’s no need<br />

for an threatening medical diagnosis <strong>to</strong><br />

be the catalyst for needed change. An<br />

emotional “reboot” can pay dividends at<br />

any time and in anyone’s life, <strong>to</strong> most certainly<br />

include business matters. The key<br />

is <strong>to</strong> tap in<strong>to</strong>, and harness, a mindset of<br />

emotional vulnerability for a new-found<br />

perspective that can help you recalibrate<br />

and generally fine tune your approach <strong>to</strong><br />

achievement so that you can not only get<br />

there faster—but in a more meaningful<br />

and fulfilling way. As far as I am concerned,<br />

that is the true measure of success.<br />

Scott Petinga is Chairman and CEO of The Scott<br />

Petinga Group. He is a pioneer in developing businesses<br />

with lasting impact in the fields of communications,<br />

sustainable real estate, business acceleration<br />

and philanthropy. Through his flagship company<br />

AKQURACY—a full-service, data-fueled communications<br />

agency – he earned a spot on the prestigious<br />

2012 Inc. magazine list of fastest-growing private<br />

companies. He may be reached online at www.<br />

ScottPetinga.com<br />

THE SUIT MAGAZINE p.15


y amy m. armstrong<br />

Physician Shortfall<br />

in the<br />

Affordable Care Act<br />

A Problem of Supply and Demand<br />

As courts continue <strong>to</strong> hammer<br />

out whether the subsidies<br />

promised <strong>to</strong> low-income<br />

holders of health<br />

insurance benefits via the Affordable<br />

Care Act are legal and will be honored,<br />

the looming question of just how all of<br />

these new medical stakeholders will<br />

be serviced has yet <strong>to</strong> be answered.<br />

America is one year in<strong>to</strong> these<br />

ground-breaking changes in health<br />

care, with a second round of enrollments<br />

kicking off Nov. 15, 2014 and<br />

scheduled <strong>to</strong> last three months. This<br />

first year’s enrollment and successful<br />

payment of premiums by approximately<br />

7.3 million Americans was announced<br />

in August. It was significantly<br />

lower than the 12 million enrollees/<br />

payees that the Obama Administration<br />

hoped for a year ago. Yet, based<br />

on the roll-out glitches with online<br />

health care exchanges, administration<br />

officials characterized August’s<br />

announcement as a positive step forward.<br />

As of now, the American medical<br />

system has 7.3 million more people<br />

eligible for basic health services.<br />

If they have not found one already,<br />

they are currently seeking primary<br />

THE SUIT MAGAZINE - NOV 2014<br />

health care providers. This means that<br />

7.3 million more cases of the flu, the<br />

common cold, high blood pressure or<br />

things more complicated such as cancer,<br />

heart conditions and stroke may<br />

be coming through the doors of clinics<br />

and hospitals.<br />

All are eligible for basic services.<br />

But are there enough providers <strong>to</strong> go<br />

around? And will the shortfall even<br />

create additional cases for the legal<br />

system as the newly insurance-entitled<br />

add litigation <strong>to</strong> the experience<br />

when their medical expectations have<br />

not been met?<br />

Just ask the leaders in the medical<br />

and legal industries, and they will vehemently<br />

tell you there is a big problem<br />

looming on the horizon.<br />

“With the implementation of the<br />

ACA, the biggest challenge is that,<br />

while in principal we are providing<br />

greater access <strong>to</strong> all Americans,<br />

the number of health care providers<br />

qualified <strong>to</strong> provide this care is disproportionate<br />

<strong>to</strong> the number of people<br />

eligible,” said Suzanne Arragg, a<br />

certified legal nurse consultant and<br />

owner of SEA & Associates in Ventura,<br />

California. Her firm evaluates the<br />

merit of medical cases from the perspective<br />

of the nursing staff, who interact<br />

with patients significantly more<br />

often than doc<strong>to</strong>rs. “To make matters<br />

even worse,” she said, “The number of<br />

qualified providers is also disproportionate<br />

<strong>to</strong> the reimbursement offered<br />

under ACA for the care and services<br />

provider.”<br />

Arragg forecasts a landslide of legal<br />

actions as patients get fed up with lack<br />

of access or with the treatment errors<br />

that are bound <strong>to</strong> occur in an overwhelmed<br />

system.<br />

She is not alone.<br />

<strong>Last</strong> fall, the Association of American<br />

Medical Colleges warned that the<br />

nation’s inven<strong>to</strong>ry of qualified doc<strong>to</strong>rs<br />

had dropped nearly 20,000 from the<br />

previous year. More than half of the<br />

doc<strong>to</strong>rs still practicing are older than<br />

50 and headed <strong>to</strong>ward retirement, according<br />

<strong>to</strong> the AAMC. Looking ahead,<br />

the AAMC indicated a shortfall of<br />

45,000 primary care doc<strong>to</strong>rs by 2020<br />

unless a major increase in enrollment,<br />

graduation and successful completion<br />

of internships occurs. That was<br />

a conservative estimate – and did not<br />

include an expected deficit of 46,000<br />

medical professionals who handle<br />

specialties.


Arragg also sees the nation’s already<br />

crowded emergency rooms being<br />

forced <strong>to</strong> take up the slack, as patients<br />

unable <strong>to</strong> get care from a primary physician<br />

resort <strong>to</strong> a place where they cannot<br />

be turned away.<br />

Devon M. Herrick, a senior fellow at<br />

the National Center for Policy Analysis<br />

in Dallas also forecasts that trend, especially<br />

for Medicare patients. According<br />

<strong>to</strong> the Obama Administration, more<br />

than six million new enrollees opted<br />

for Medicare and the Children’s Health<br />

Insurance Program – neither of which<br />

are tied in<strong>to</strong> the ACA health care exchanges<br />

– during the same time period<br />

that Obamacare had its first enrollment<br />

phase. The trouble is, the government<br />

isn’t quite sure yet about that six million<br />

number. The Center for Disease<br />

Control and the Census Bureau both<br />

released varying numbers in August.<br />

While the numbers differ, the effect<br />

remains the same. Because Obamacare<br />

lowers the dollar amount physicians<br />

are reimbursed for Medicare patients,<br />

it is quite likely that Medicare patients<br />

who do have a primary care physician<br />

may have trouble getting an appointment,<br />

especially if the practice limits<br />

the number of patients that can be seen<br />

within the economic demographic. Or,<br />

worse yet, doc<strong>to</strong>rs within the community<br />

will simply s<strong>to</strong>p accepting Medicare.<br />

“With limited resources, more<br />

Medicare patients will turn <strong>to</strong> the<br />

emergency room,” Herrick said.<br />

He sees yet another access issue<br />

looming. Doc<strong>to</strong>rs, noting the laws of<br />

supply and demand, may opt <strong>to</strong> not<br />

only limit the type of insurance they<br />

accept, but may also begin charging<br />

patients a retainer fee <strong>to</strong> remain in their<br />

practice.<br />

“There aren’t enough doc<strong>to</strong>rs <strong>to</strong> treat<br />

all the new enrollees,” he said. “The<br />

ones most likely <strong>to</strong> suffer are those<br />

whose insurers pay the lowest reimbursements.”<br />

The government itself admits a possible<br />

supply and demand problem exists.<br />

Its own statistics from the Health Resources<br />

and Services Administration<br />

– the federal agency whose mission is<br />

<strong>to</strong> improve access <strong>to</strong> health care – indicate<br />

that 20 percent of Americans<br />

currently live in geographic areas with<br />

an insufficient number of primary care<br />

doc<strong>to</strong>rs. This is determined via federal<br />

guidelines dictating that each primary<br />

care doc<strong>to</strong>r should have no more than<br />

3,500 patients. Federal guidelines for<br />

dental and mental health professionals<br />

are even larger: a 5,000 patient limit for<br />

dentists and no more than 30,000 patients<br />

for mental health providers.<br />

According <strong>to</strong> the same agency, in addition<br />

<strong>to</strong> those who living in areas with<br />

an insufficient number of primary care<br />

doc<strong>to</strong>rs, sixteen percent live in areas<br />

with <strong>to</strong>o few dentists and a whopping<br />

30 percent are in areas that are short of<br />

mental health providers.<br />

How this plays out, remains <strong>to</strong> be<br />

seen.<br />

THE SUIT MAGAZINE p.17


y amy m. armstrong<br />

NEWYORK’S<br />

GREEN REVOLUTION<br />

New York <strong>City</strong> has embarked on an<br />

aggressive plan <strong>to</strong> curb the predicted<br />

impacts of global warming thus setting<br />

an example for other major metro<br />

areas <strong>to</strong> follow in their own respective<br />

efforts <strong>to</strong> thwart the threats caused by<br />

warmer ocean temperatures, melting<br />

glaciers, rising coastal waters and<br />

greater inclement, dramatic changes<br />

in weather patterns.<br />

THE SUIT MAGAZINE - NOV 2014


As of Sept. 2014, NYC is now the<br />

world’s largest city making a public<br />

commitment <strong>to</strong> lower its greenhouse<br />

gas emissions by 80 percent<br />

over 2005 levels by 2050. It is a<br />

benchmark environmentalists say<br />

could make a significant difference<br />

in the plight of the planet. It is also<br />

a benchmark analyst of industries<br />

supporting green construction and<br />

sustainable retrofitting consider<br />

possible if the powers that be put<br />

their money where their respective<br />

carbon footprint would be otherwise.<br />

“Climate change is an existential<br />

threat <strong>to</strong> New Yorkers and our<br />

planet. Acting now is nothing short<br />

of a moral imperative,” NYC Mayor<br />

Bill de Blasio said as he unveiled<br />

the program’s lofty goals on Sept.<br />

21 during Climate Week NYC as the<br />

United Nations held its annual climate<br />

summit at its NYC headquarters.<br />

“New York <strong>City</strong> must continue<br />

<strong>to</strong> set the pace and provide the bold<br />

leadership that’s needed – and becoming<br />

the world’s largest city <strong>to</strong><br />

commit <strong>to</strong> an 80 percent reduction<br />

in emissions by 2050 is central <strong>to</strong><br />

that commitment. By retrofitting all<br />

of our public buildings with significant<br />

energy use in the next ten years,<br />

we’re leading by example; and by<br />

partnering with the private sec<strong>to</strong>r,<br />

we’ll reduce emissions and improve<br />

efficiency while generating billions<br />

in savings and creating thousands<br />

of jobs for New Yorkers who need it<br />

most.”<br />

It’s dubbed “<strong>One</strong> <strong>City</strong> <strong>Built</strong> <strong>to</strong><br />

<strong>Last</strong>” and even though it is de Blasio<br />

functioning as the talking head and<br />

most recently making the appearances<br />

at the installation of solar panels<br />

at the Kennedy Campus housing<br />

seven borough high schools – officially<br />

, where the carbon reduction<br />

is slated <strong>to</strong> hit the city’s emissions<br />

rates, it is NYC First Deputy Mayor<br />

Anthony E. Shorris, who is in charge.<br />

He is the city’s second-in -command<br />

and in charge of the day-<strong>to</strong>-day operation<br />

of city government and the<br />

provision of core services across the<br />

five boroughs. Yet, this new environmentally-conscious<br />

and possibly<br />

economically beneficial – at least<br />

for the providers of the goods and<br />

services required <strong>to</strong> make it reality –<br />

program may possibly be what puts<br />

the final feather in his decades-long<br />

career as a municipal servant.<br />

As protes<strong>to</strong>rs from every imaginable<br />

environmentally-oriented<br />

cause not only lined, but flooded<br />

NYC streets for the People’s Climate<br />

March, deBlasio joined in with<br />

them promoting “<strong>One</strong> <strong>City</strong>” as the<br />

answer <strong>to</strong> the Big Apple’s problems<br />

and perhaps a blueprint for other<br />

cities <strong>to</strong> adopt.<br />

According <strong>to</strong> this year’s annual<br />

Greenhouse Gas Inven<strong>to</strong>ry conducted<br />

by city officials, nearly<br />

three-quarters of NYC greenhouse<br />

gas emissions result from the current<br />

energy demand <strong>to</strong> heat, cool<br />

and power buildings. It is a segment<br />

of the city’s environmental problems<br />

that deBlasio says can be fixed<br />

by first retrofitting more than 3,000<br />

public-owned buildings with energy-efficient<br />

upgrades in the HVAC<br />

system and installing solar energy<br />

systems at more than 300 public<br />

buildings. <strong>One</strong> <strong>City</strong> calls for retrofitting<br />

<strong>to</strong> be completed by 2025.<br />

<strong>City</strong> officials estimate the retrofit<br />

project <strong>to</strong> result in a $1.4 billion<br />

energy cost saving by 2025 with the<br />

potential of the city experiencing a<br />

savings of $8.5 billion by 2050 – the<br />

<strong>One</strong> <strong>City</strong> target date for the 80 percent<br />

reduction in greenhouse gases.<br />

More importantly <strong>to</strong> the pocket<br />

books of New Yorkers, the retrofitting<br />

of privately-owned buildings<br />

through an expanded partnership<br />

THE SUIT MAGAZINE p.19


etween the U.S. Department of<br />

Housing and Urban Development<br />

and the NYC Housing Authority providing<br />

building owners with financial<br />

incentives for retrofit ought <strong>to</strong> result<br />

in lower utility bills, deBlasio said.<br />

“High energy costs take a disproportionate<br />

<strong>to</strong>ll on lower-income residents<br />

who typically live in less-efficient<br />

buildings and must pay a higher<br />

share of their income for energy,” de-<br />

Blasio said. “The <strong>City</strong>’s plan aims <strong>to</strong><br />

protect New Yorkers from rising utility<br />

bills while reducing emissions and<br />

poor air quality.”<br />

Private building owners not retrofitting<br />

will eventually find themselves<br />

and their buildings in conflict with<br />

NYC city officials as retrofit mandates<br />

and non-compliance penalties kick in<br />

during <strong>One</strong> <strong>City</strong>’s later years.<br />

Environmentalists are expecting results<br />

– and with good reason.<br />

<strong>One</strong> <strong>City</strong> is based on the NYC Clean<br />

Heat program that since 2011 has<br />

helped the city’s then nearly 10,000<br />

buildings still burning heavy oil for<br />

heating purposes <strong>to</strong> convert <strong>to</strong> cleaner<br />

fuels thus dropping sulfur dioxide<br />

particulate levels in the air by 69 percent<br />

since its 2008 measuring, according<br />

<strong>to</strong> the NYC Clean Heat website.<br />

“America’s #1 city will show the way<br />

<strong>to</strong> the big cuts in climate pollution we<br />

need,” said Fred Krupp, President of<br />

Environmental Defense Fund. “I congratulate<br />

Mayor de Blasio for his leadership<br />

– especially the Mayor’s plan<br />

<strong>to</strong> upgrade buildings so they waste<br />

far less energy – and his plan for cutting<br />

costs for families and businesses,<br />

cleaning the air, and delivering jobs.”<br />

Key components of the “<strong>One</strong> <strong>City</strong> <strong>Built</strong> <strong>to</strong> <strong>Last</strong>” include:<br />

•Requiring owners of all buildings more than 25,000 sq. ft. <strong>to</strong> measure and disclose energy use annually, conduct<br />

energy assessments, and upgrade lighting. This replaces the previous city mandate limiting the energy disclosure<br />

requirements <strong>to</strong> owners of buildings more than 50,000 sq. ft. in size.<br />

•Energy upgrades in 450 schools over the next five years – including 325 comprehensive lighting upgrades and 125<br />

boiler replacements <strong>to</strong> improve energy efficiency and improve indoor air quality.<br />

•Create a green grant program for affordable housing that will fund efficiency upgrades in exchange for regula<strong>to</strong>ry<br />

agreements <strong>to</strong> preserve affordability. Deploy with local partners in neighborhoods – particularly the poorest<br />

neighborhoods where utility bills take a higher percentage of resident income – and where preservation and rehab<br />

of affordable housing is needed and where energy efficiency can reduce the load on the electric grid.<br />

<strong>City</strong> officials estimate <strong>One</strong> <strong>City</strong> <strong>to</strong><br />

create at least 3,500 new jobs in construction<br />

and require training programs<br />

for the more than 7,775 building<br />

staff that will learn new operating<br />

skills. The new construction, retrofit<br />

work and energy improvements are<br />

expected <strong>to</strong> pump at least $750 million<br />

in related spending per year in <strong>to</strong> the<br />

NYC economy.<br />

Perhaps one of the most beneficial effects<br />

of <strong>One</strong> <strong>City</strong> is its indirect support<br />

of emerging entrepreneurs and the financial<br />

reason for office space owners<br />

<strong>to</strong> expand their offerings thus giving<br />

the real estate market a boost. As with<br />

all things new, <strong>One</strong> <strong>City</strong> is bound <strong>to</strong><br />

attract movers and shakers in the clean<br />

energy space. For some companies,<br />

the hook has already set. <strong>One</strong> example<br />

is the Urban Future Lab opening<br />

its down<strong>to</strong>wn Brooklyn 10,000 square<br />

foot space in March of this year. The<br />

firm is already running out of room<br />

and seeking more space <strong>to</strong> continue<br />

its research in clean technology as well<br />

as providing exhibit space <strong>to</strong> educate<br />

consumers. Clean technology innova<strong>to</strong>rs<br />

tend <strong>to</strong> require larger work spaces<br />

than other businesses. <strong>One</strong> <strong>City</strong> plans<br />

<strong>to</strong> address this need in a partnership<br />

with the NYC Economic Development<br />

Corporation <strong>to</strong> build a 75,000 square<br />

foot “step-out space” facility providing<br />

temporary office space until<br />

firms can secure more permanent<br />

larger offices.<br />

As <strong>One</strong> <strong>City</strong> begins its work, deBlasio<br />

sees opportunity and potential<br />

and not the challenges and limits often<br />

associated with environmental<br />

challenges.<br />

“Realizing this vision will not be<br />

easy. The change will come building<br />

by building, block by block, and<br />

neighborhood by neighborhood,”<br />

deBlasio said. “It will require new<br />

technologies and innovative thinking.<br />

But New Yorkers are the world’s most<br />

skilled architects, engineers, real estate<br />

developers, academics, construction<br />

workers and building opera<strong>to</strong>rs. The<br />

solutions we develop <strong>to</strong>gether will<br />

change our city, and they can change<br />

cities across the world.”<br />

Learn more about <strong>One</strong> <strong>City</strong> <strong>Built</strong> <strong>to</strong><br />

<strong>Last</strong> online at www.nyc.gov/html/<br />

built<strong>to</strong>last/assets/downloads/pdf/<br />

<strong>One</strong><strong>City</strong>.pdf.


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y judy scinta magness<br />

reported by<br />

amy m. armstrong<br />

Functional Medicine Drives<br />

Breakthroughs in Breast Cancer<br />

Just what is functional medicine?<br />

Perhaps it is better explained by also<br />

describing conventional and alternative<br />

healthcare approaches.<br />

“Conventional or<br />

traditional medicine<br />

is what is taught in<br />

medical schools. It is<br />

as an authoritative<br />

approach <strong>to</strong> managing<br />

symp<strong>to</strong>ms primarily with<br />

the use of scientifically<br />

proven assessment<br />

<strong>to</strong>ols, medications, and<br />

surgeries.” explains<br />

Sandra Muran, PhD,<br />

a digestive health and<br />

nutrition specialist.<br />

Along with her husband,<br />

Peter Muran, MD, they<br />

operate AVERTi Inc.,<br />

and Longevity Healthcare<br />

based in California.<br />

Both are also functional<br />

medicine practitioners.


Alternative medicine emerged as<br />

consumers looked for new, less invasive<br />

ways <strong>to</strong> manage their health,<br />

and for options that would help<br />

them recover instead of just treating symp<strong>to</strong>ms.<br />

“But not all alternative medicine has<br />

a scientific basis. That’s where functional medicine fits in <strong>to</strong><br />

meeting both worlds,” said Muran.<br />

“Functional medicine integrates the newest scientific biomedical<br />

discoveries <strong>to</strong> focus on resolving the underlying causes<br />

of individual health needs,” said Muran. “It engages the patient<br />

and practitioner in designing a personally tailored health<br />

management program. It uses pharmaceutical science, changes<br />

in an individual’s environment, diet, and lifestyle <strong>to</strong> support<br />

their full genetic potential for vitality and longevity.” She<br />

emphasized that individuals are empowered <strong>to</strong> manage their<br />

own health and points <strong>to</strong> Functional Medicine Co- Founder,<br />

Jeffery S. Bland, PhD and popular television medical guru, Dr.<br />

Mehmet Oz as using a functional approach <strong>to</strong> medicine.<br />

In the creation of AVERTi, an anagram for Advanced Verified<br />

Early Risk Technology, doc<strong>to</strong>rs Sandra and Peter Muran<br />

applied the Functional Medicine approach <strong>to</strong> the prevention<br />

of breast cancer. AVERTi is a comprehensive breast health<br />

program using a proven estrogen metabolite labora<strong>to</strong>ry test <strong>to</strong><br />

measure a women’s early risk for breast cancer before disease<br />

ever occurs. For those shown <strong>to</strong> be at risk, the AVERTi Breast<br />

Health Program engages women in a personalized clinical<br />

and life style intervention <strong>to</strong> measurably reduce her risk. A<br />

breakthrough, in not only letting women know if they are at<br />

risk; but the AVERTi approach providing a way <strong>to</strong> confidently<br />

reduce the risk by measuring the reduction.<br />

National statistics report that one out of every eight women<br />

will encounter breast cancer in her lifetime. The Murans were<br />

motivated by their female patients who were not satisfied in<br />

waiting around <strong>to</strong> see if they would become that “one.” They<br />

wanted <strong>to</strong> help women proactively reduce their risk.<br />

About four years ago, the husband and wife team uncovered15-year-old,<br />

well-documented research conducted by El-<br />

THE SUIT MAGAZINE - NOV 2014


eanor Rogan, PhD and Ercole Cavalieri, D. Sc, collecting dust<br />

at the University of Nebraska. These researchers had invented<br />

an estrogen metabolite labora<strong>to</strong>ry test <strong>to</strong> measure a woman’s<br />

risk for breast cancer which had only been available for<br />

research endeavors. This labora<strong>to</strong>ry measures the metabolites<br />

of estrogen that represent estrogen which has “gone down an<br />

inflamma<strong>to</strong>ry pathway” becoming the precursor <strong>to</strong> damaging<br />

a woman’s DNA in a way that can result in breast cancer.<br />

AVERTi is dedicated <strong>to</strong> placing the <strong>to</strong>ols for prevention<br />

of breast cancer in the hands of women and the physicians<br />

who care for them. In conjunction with Longevity Healthcare,<br />

they offer women comprehensive breast health analysis, teach<br />

breast health basics, and preform thermal imaging services<br />

which, according <strong>to</strong> Muran, is the most effective method of<br />

screening breast health in conjunction with this specific new<br />

estrogen labora<strong>to</strong>ry for prevention of disease. They have also<br />

created the AVERTi Breast Health Kit <strong>to</strong> support the modification<br />

of estrogen’s metabolic pathways through nutrient<br />

support.<br />

The Murans funded an independent pilot study based on<br />

the original research in conjunction with the University of<br />

Nebraska researchers. Women from the community volunteered<br />

<strong>to</strong> have their current risk for breast cancer measured<br />

using the estrogen metabolite labora<strong>to</strong>ry. Based on those results,<br />

the Murans developed a personalized functional medicine<br />

approach tailored <strong>to</strong> each individual. Each woman followed<br />

her cus<strong>to</strong>mized program, involving both clinical and<br />

lifestyle fac<strong>to</strong>rs, for 90 days and then repeated the estrogen<br />

metabolite labora<strong>to</strong>ry <strong>to</strong> see if her risk became lower than her<br />

original measure. Results showed that every woman who was<br />

reasonably compliant with her program was able <strong>to</strong> measurably<br />

reduce her risk for breast disease.<br />

Since then, the Murans have teamed with a commercial<br />

labora<strong>to</strong>ry <strong>to</strong> make this exciting estrogen metabolite labora<strong>to</strong>ry<br />

test available for the first time so a woman can quantify<br />

her risk for breast disease. In addition, they are working with<br />

professional physician organizations <strong>to</strong> disseminate this new<br />

knowledge and findings <strong>to</strong> practitioners who can then work<br />

with their female patients <strong>to</strong> measurably reduce risk.<br />

“We’re excited about the prospects. We feel our biggest<br />

success is on the horizon—within six <strong>to</strong> nine months—when<br />

these <strong>to</strong>ols are going <strong>to</strong> be available <strong>to</strong> healthcare consumers<br />

and not sitting in research labora<strong>to</strong>ries. Imagine the human<br />

and economic savings if we were able <strong>to</strong> reduce the risk of<br />

breast cancer for women,” said Muran. “Everyone knows a<br />

woman who has suffered from breast cancer.”<br />

While Muran had always worked in healthcare, including<br />

serving as direc<strong>to</strong>r of a hospice program in Orange County,<br />

and involved in long-term care in Los Angeles, it wasn’t until<br />

she became a mother that her interests turned <strong>to</strong> nutrition.<br />

“Twenty-eight years ago I had a son who was allergic <strong>to</strong> everything<br />

in the American diet,” she said, adding that there<br />

wasn’t a lot of guidance on the subject at that time. “There’s<br />

nothing like a motivated mother in terms of her infant son. I<br />

began <strong>to</strong> educate myself and that eventually evolved in<strong>to</strong> my<br />

practice, and obtaining my PhD in nutrition.”<br />

Muran estimates that 60% of Americans have some sort of<br />

digestive issue. “If you own a high performance car and put<br />

kerosene in it, it doesn’t work very well. It’s the same way<br />

with our body. You have <strong>to</strong> put high-test fuel in it so it performs<br />

well. And, that’s the role of nutrition and digestion,”<br />

she explained.<br />

Among the general nutritional recommendations Muran<br />

shares with patients is <strong>to</strong> eat healthy protein-based snacks<br />

including nuts, nut butters, and berries, and <strong>to</strong> drink filtered<br />

or coconut water. “Coconut water meets your needs for trace<br />

minerals, it energizes you and keeps your electrolytes balanced,”<br />

she said.<br />

And, as a final suggestion, Muran offers this eye-opener:<br />

“When you see something that’s enriched, don’t eat it. In the<br />

processing it has been so depleted of nutrient value that the<br />

Food and Drug Administration required manufacturers <strong>to</strong><br />

add back in some nutrient value. So they did, and put a spin<br />

on it calling it, ‘enriched.’”<br />

www.avert-i.com<br />

www.wellbelly.net<br />

www.longevityhealthcare.com<br />

THE SUIT MAGAZINE p.23


y amy m. armstrong<br />

Intensive Specializing for a<br />

Productive Business Venture<br />

A.J. Riviezzo is in a real tight niche.<br />

A<br />

die-hard believer in<br />

specialization as being<br />

the ticket <strong>to</strong> success<br />

in the business<br />

world, his mot<strong>to</strong> is,<br />

“Do one thing and do<br />

it beyond well. Identify your one target<br />

and aim anything and everything<br />

you pull out of your quiver at that<br />

target only and consistently.” That is<br />

his philosophy and that is his business<br />

plan.<br />

It's working for him, <strong>to</strong>o. And more<br />

importantly, it is working for his clients.<br />

In 2007, Riviezzo partnered with Dr.<br />

James Albert, a thoracic surgeon – retired<br />

from cracking chests, but very<br />

active in the treatment of varicose<br />

veins – <strong>to</strong> form American Physician<br />

Financial Solutions, located in Colorado<br />

Springs and serving the billing<br />

and consulting needs of varicose vein<br />

treatment clinics all across the United<br />

States. As a niche market, it has highly<br />

specific coding requirements for insurance<br />

processing, requiring the firm <strong>to</strong><br />

remain proactive and up-<strong>to</strong>-date on its<br />

constantly changing, incredibly specific<br />

billing pro<strong>to</strong>col.<br />

Riviezzo didn't necessarily choose<br />

this career path until just eight years<br />

ago. His earlier working years were<br />

spent on the medical side of the U.S.<br />

Army.<br />

“The military <strong>to</strong>ld me I was going<br />

<strong>to</strong> work in health care and so I said,<br />

‘okay’ – because you don’t get <strong>to</strong> say<br />

‘no’ when the Air Force says that <strong>to</strong><br />

you,” he <strong>to</strong>ld The Suit with a knowing<br />

chuckle.<br />

After the military, Riviezzo earned<br />

both bachelor’s and master’s degrees<br />

while working in accounts receivable<br />

for a national pharmacy company.<br />

Then, going <strong>to</strong> work for Kaiser Permanente<br />

taught him a great deal about<br />

insurance coding and billing, but also<br />

left him frustrated with the corporate<br />

atmosphere.<br />

About eight years ago, Riviezzo<br />

was pondering whether he had what<br />

it takes <strong>to</strong> create his own billing firm,<br />

when he was seized by a sudden inspiration.<br />

This is how it happened. He<br />

and his wife were attending yet another<br />

dinner that her employer – that<br />

same Dr. Albert – also attended. Riviezzo<br />

had heard the doc<strong>to</strong>r complaining<br />

about his billing service at previous<br />

dinners and finally decided <strong>to</strong> employ<br />

a little “carpe diem” by asking Dr.<br />

Albert how much he was paying currently.<br />

The doc<strong>to</strong>r readily supplied the<br />

number and Riviezzo responded how<br />

– with the amount he was already pay-<br />

THE SUIT MAGAZINE - NOV 2014


ing, plus some extra seed money<br />

– the two of them could start their<br />

own billing service.<br />

Riviezzo had a hunch that other<br />

doc<strong>to</strong>rs specializing in the treatment<br />

of varicose veins were experiencing<br />

similar frustrations. He<br />

was correct.<br />

Phlebology – the medical term<br />

for varicose vein treatment – suffers<br />

the same fate as chiropractic,<br />

massage and acupuncture therapies<br />

do regarding the cooperation<br />

of insurance companies over payment.<br />

Insurance companies often<br />

balk at presented claims by stating<br />

that the treatment isn’t medically<br />

necessary.<br />

That’s where Riviezzo and his<br />

team come in.<br />

“You do have <strong>to</strong> be really specialized<br />

about working with insurance<br />

companies regarding<br />

phlebology,” he explains. “Oftentimes,<br />

it is considered borderline<br />

cosmetic. So, in getting health<br />

insurance <strong>to</strong> pay for treatment<br />

that is in most cases medically appropriate,<br />

you have <strong>to</strong> be pretty<br />

knowledgeable about the treatment<br />

methodologies and services<br />

the physicians are providing <strong>to</strong><br />

the patients.”<br />

As he began working with Dr.<br />

Albert, Riviezzo immersed himself<br />

in the practice and jargon of<br />

phlebology. Today when talking<br />

with prospective clients who are<br />

phlebology physicians, he often hears<br />

comments like, “Oh, I didn't realize<br />

that you're also a physician.” He<br />

chuckles, telling the prospective client,<br />

“No, no – if we talk about anything<br />

else besides varicose veins, you will<br />

quickly see my ignorance.”<br />

Yet, ask him <strong>to</strong> speak on any subject<br />

related <strong>to</strong> varicose veins, treatment<br />

and the justification necessary <strong>to</strong> secure<br />

payment from private insurance,<br />

Medicare or Medicaid, and instantly<br />

the billing specialist transforms in<strong>to</strong> an<br />

expert prepared for discussion.<br />

Thanks <strong>to</strong> changes made by the Patient<br />

Protection and Affordable Care<br />

Act (ACA) – along with revisions <strong>to</strong><br />

Medicare, Riviezzo has <strong>to</strong> really be on<br />

his <strong>to</strong>es when processing claims on behalf<br />

of his clients. That is, if he wants<br />

the doc<strong>to</strong>rs he represents <strong>to</strong> get paid.<br />

Oftentimes, his work involves ed-<br />

ucating patients regarding meeting<br />

what can be high deductibles under<br />

Obamacare prior <strong>to</strong> receiving services.<br />

As Riviezzo points out, the silver<br />

or bronze plans offered via the<br />

Obamacare health care exchanges include<br />

deductibles requirements ranging<br />

anywhere from $5,000 <strong>to</strong> $10,000<br />

per year. These high deductibles force<br />

representatives from doc<strong>to</strong>rs' offices <strong>to</strong><br />

financially pre-screen patients.<br />

“A fair number of patients are pretty<br />

surprised at how high their deductibles<br />

are,” he said. “Obamacare is<br />

advertised as comprehensive health<br />

insurance, but in reality what it is, is<br />

major medical.”<br />

On the Medicare side, a federal move<br />

<strong>to</strong>ward greater scrutiny is prompting<br />

significantly more audits. Many do not<br />

release payment until after an audit is<br />

completed, leaving physicians holding<br />

the financial bag.<br />

“These audits are aimed at finding<br />

fault, not just at verifying factual information<br />

– and apparently they are<br />

ongoing until they get bored of it,”<br />

Riviezzo said. “Thus, the doc<strong>to</strong>rs never<br />

know when they are getting paid.”<br />

With so much compliance pressure,<br />

Riviezzo said that it is nearly impossible<br />

for workers in a doc<strong>to</strong>r’s office<br />

– such as a secretary cross-trained <strong>to</strong><br />

assist with billing – <strong>to</strong> keep pace with<br />

the demand and expectations, which<br />

is a big part of what keeps him in his<br />

niche billing and consulting business.<br />

“I have seen billing companies that<br />

try <strong>to</strong> be all things <strong>to</strong> all doc<strong>to</strong>rs,”<br />

Riviezzo said. “And they make money,<br />

but they gain and lose clients at a<br />

fast and furious pace because they are<br />

not able <strong>to</strong> bring sufficiently robust<br />

expertise <strong>to</strong> the table. You cannot do<br />

orthopedic billing one week, and then<br />

suddenly be shuffled off <strong>to</strong> do ObGyn<br />

billing the next. Our goal has been <strong>to</strong><br />

be very targeted and <strong>to</strong> be very good at<br />

what we do. I would much rather have<br />

a steady set of clients and build long<br />

term relationships.”<br />

www.apfsbilling.com<br />

THE SUIT MAGAZINE p.27


y rich monetti<br />

NEVER MAKE<br />

the Same Mistake Twice<br />

The Affordable Care Act being firmly entrenched, its gross over-complication of healthcare processes<br />

must eventually give way <strong>to</strong> something more streamlined. Possibly – but his<strong>to</strong>ry shows that when<br />

government is involved, it never comes down <strong>to</strong> just one do-over. Nonetheless, Spencer Silverman of<br />

Rugby Medical knows the real world isn’t so forgiving, and any increase in the number of iterations<br />

<strong>to</strong> get it right could mean the end. “The key is <strong>to</strong> never make the same mistake twice,” says Silverman.<br />

He learned that lesson<br />

over equipment<br />

warranties. Getting<br />

started and eager <strong>to</strong><br />

close deals on the medical<br />

equipment Rugby<br />

provides <strong>to</strong> doc<strong>to</strong>rs, hospitals and clinics,<br />

he left himself vulnerable by offering<br />

clients guarantees beyond what manufacturers<br />

provided. “It ended up coming<br />

out of my pocket,” he said, noting losses<br />

incurred on equipment such as CT scanners<br />

as well as EKG and MRI machines.<br />

Of course the learning curve comes at<br />

a price, but it can emerge from strong<br />

strategic partnerships. “I think if you set<br />

yourself up with the right people, mistakes<br />

can be fixed,” he explained.<br />

Silverman acknowledges co-owner’s<br />

Joe Schulman and the continuing link he<br />

enjoys with Ashley Herschman owner of<br />

Absolute Medical, his previous employer<br />

– all while he searches for new synergies<br />

in China, the Middle East and Europe.<br />

But circumspection begins with standards<br />

set at home. “We biomed-certify<br />

these machines before they go out <strong>to</strong> our<br />

cus<strong>to</strong>mers,” Silverman emphasizes.<br />

Reinforcing the need for quality, Silverman’s<br />

vendors understand that their<br />

success hinges heavily on his, and they<br />

are ready <strong>to</strong> kick a goal for Rugby at a<br />

moment’s notice. “I know if I need their<br />

help, they will be there in a second,” he<br />

said confidently.<br />

Even so, Silverman understands the<br />

importance of reciprocating. “We<br />

don’t run our business on credit,” he<br />

notes. “That keeps our relationships in<br />

good standing.”<br />

The ACA has some clients backing<br />

away from certain medical equipment<br />

as no longer yielding high enough<br />

returns. Still, Silverman predicts that<br />

businesses will make the most of this<br />

new paradigm by eventually finding<br />

new angles. “It will start <strong>to</strong> pick up,”<br />

he asserts.<br />

The evolution of ultrasound machines<br />

could represent the kind of opportunities<br />

alluded <strong>to</strong> above, since 2D,<br />

3D and 4D technology has opened up<br />

business opportunities for lay people<br />

who are willing <strong>to</strong> learn about them.<br />

“Many (of these machines) offer features<br />

like adaptive image processing,<br />

which can make them much easier<br />

<strong>to</strong> use and more accurate for certain<br />

types of diagnostics,” according <strong>to</strong><br />

Rugby Medical’s information.<br />

Nonetheless, Silverman’s main goal<br />

is <strong>to</strong> make a splash using the strength<br />

of some of the larger players in the<br />

pool. “We want <strong>to</strong> have as many big<br />

fish as we can – sort of rolling our business<br />

out <strong>to</strong> become that big player in<br />

the industry,” he concludes.<br />

www.rugbymedical.com<br />

THE SUIT MAGAZINE - NOV 2014


y matt camara<br />

seeking <strong>to</strong> become a one-s<strong>to</strong>p shop<br />

Ohio Medical Equipment Services Firm Launches Innovative<br />

“replacement-parts finance Program”<br />

Hospital equipment<br />

might be working<br />

a bit longer these<br />

days as businesses<br />

start feeling a<br />

pinch from the<br />

costs imposed by the Affordable Care<br />

Act – also known as “Obamacare.”<br />

And at least one medical equipment<br />

services firm is already shifting gears<br />

<strong>to</strong> put more service engineers in the<br />

field just <strong>to</strong> keep older equipment in<br />

shape.<br />

“If a machine breaks on a Thursday<br />

at noon, they need it up on Thursday<br />

night, not on Friday afternoon,” said<br />

Ric Arcadi, CEO of CapMed+, a firm<br />

looking <strong>to</strong> revolutionize health care<br />

financing by acting as an all-in-one<br />

bank, used equipment dealer and<br />

service shop. The firm recently began<br />

offering a new medical equipment<br />

parts financing program, on everything<br />

from new flat-panel detec<strong>to</strong>rs <strong>to</strong> MRI<br />

& CT parts. It promises <strong>to</strong> pair health<br />

care organizations with the capital<br />

needed for replacement parts and<br />

cutting-edge equipment, when they<br />

need it.<br />

“Hospitals and imaging centers are<br />

being forced <strong>to</strong> find ways <strong>to</strong> lower costs<br />

and preserve their working capital.<br />

And the launch and invention of our<br />

medical parts finance program was<br />

geared <strong>to</strong> do exactly that,” Arcadi <strong>to</strong>ld<br />

The Suit Magazine in an interview.<br />

“We’re giving these hospitals a choice<br />

… With our parts finance program,<br />

they can get the part they need on the<br />

same day. We can have up <strong>to</strong> $250,000<br />

approved and in their hands in four<br />

hours.”<br />

But it is more than just Obamacare<br />

that can cause hospitals headaches.<br />

“It is tight budgets, the need for quick<br />

financing and the need for a level of<br />

cus<strong>to</strong>mer service that only firms like<br />

CapMed+ provide,” Arcadi said.<br />

In the medical finance industry<br />

since the mid-1990s, Arcadi cut his<br />

teeth working for American Express.<br />

Now, as CEO of CapMed+, Arcadi said<br />

that his firm is dedicated <strong>to</strong> providing<br />

quality cus<strong>to</strong>mer service <strong>to</strong> clients who<br />

appreciate personalized service. His<br />

level of service even goes so far as <strong>to</strong><br />

advise clients on products they have<br />

purchased from other vendors.<br />

The financing program is the<br />

lynchpin that allows the firm <strong>to</strong> offer<br />

such a high level of service.<br />

“We’re really kind of unlimited<br />

on the type of high value parts we<br />

can finance under that program,”<br />

Arcadi said, adding that the firm<br />

handles discussions with the client on<br />

everything related <strong>to</strong> the part – shelflife,<br />

warranty, financing – everything.<br />

“There’s a huge benefit <strong>to</strong> this<br />

program on kinds of parts in the<br />

supply chain … We’ve been on both<br />

sides of the table,” Arcadi related. “For<br />

hospitals, the benefit is obvious. They<br />

don’t have <strong>to</strong> pay $100,000 cash for a<br />

part … [For] dealers who are going <strong>to</strong><br />

use this program – they don’t have <strong>to</strong><br />

worry about how the hospital is going<br />

<strong>to</strong> pay them.”<br />

Dealers who would normally pay an<br />

original manufacturer upfront for the<br />

THE SUIT MAGAZINE - NOV 2014


product, sell it <strong>to</strong> the hospital and wait<br />

up <strong>to</strong> 150 days <strong>to</strong> get paid. NOW, the<br />

vendor gets paid from CapMed+ on<br />

day eliminating the 150 day receivable.<br />

“Our company is poised and<br />

positioned <strong>to</strong> not have a million<br />

clients. We’d like <strong>to</strong> have 100 decentsized<br />

clients who can benefit from our<br />

level of service,” he explained.<br />

Based in the Cleveland suburb of<br />

Solon, Ohio, CapMed+ serves a region<br />

characterized by the prevalence of<br />

diagnostic imaging companies. And<br />

it’s not just companies serving the<br />

health care industry, but the city’s<br />

Global Center for Health Innovation<br />

is now hosting dozens of health care<br />

conventions every year. There were<br />

34 in 2013 alone, according <strong>to</strong> a s<strong>to</strong>ry<br />

published at that time by Cleveland.<br />

com.<br />

“We have the largest concentration<br />

of companies in the diagnostic<br />

imaging industry. Nobody really<br />

knows it, and we’re in the process of<br />

creating a face for the concentration<br />

of imaging companies in Cleveland,”<br />

said Arcadi, who is a booster of the<br />

convention center, formerly called<br />

the Cleveland Medical Mart.<br />

Proximity <strong>to</strong> the $490 - 500 million<br />

convention center and innovation<br />

hub, positions CapMed+ <strong>to</strong> be front<br />

and center with potential clients,<br />

suppliers and vendors. And with 400<br />

medical companies in the Cleveland<br />

area, CapMed+ has no shortage<br />

of opportunities for sourcing<br />

equipment, keeping costs down for<br />

clients.<br />

CapMed+ plans <strong>to</strong> hold its own<br />

events in the center as well. Arcadi<br />

said that the firm plans <strong>to</strong> begin by<br />

building and launching a group<br />

that will discuss flat-panel detec<strong>to</strong>r<br />

technology – a class of X-ray<br />

machines working on principles<br />

similar <strong>to</strong> digital cameras – and<br />

more. “The goal is <strong>to</strong> remedy an<br />

‘educational void’ around medical<br />

equipment and financing that<br />

CapMed+ sees,” he emphasized.<br />

The firm also provides a look at<br />

the used parts it can sell clients on<br />

its website – 90,000 parts in <strong>to</strong>tal<br />

are listed there. Being the bank,<br />

supplier and service center carries<br />

one additional advantage as well,<br />

and that is lower markups.<br />

Arcadi noted that, while some<br />

dealers might put markup after<br />

markup on a piece of equipment<br />

as it moves through the supply<br />

chain, CapMed+ doesn’t have <strong>to</strong> do<br />

business like that. And they won’t.<br />

“I think there are a lot of dealers<br />

and resellers out there who continue<br />

<strong>to</strong> put mark up after mark up after<br />

mark up on a product,” he said. “I’d<br />

like <strong>to</strong> see greater transparency in<br />

the industry – and we’re trying <strong>to</strong><br />

promote that.”<br />

www.capmedplus.com<br />

THE SUIT MAGAZINE p.31


y rich monetti<br />

CYBER-CONNECTING WITH HEALTH<br />

Wayne Sakamo<strong>to</strong>, CEO<br />

Health insurance seems<br />

<strong>to</strong> be only a few clicks<br />

away for anyone who<br />

needs it – especially<br />

with the implementation of the<br />

Affordable Care Act (ACA). Putting<br />

<strong>to</strong>gether the proper sequence<br />

of strokes, however, overwhelms<br />

many Americans. But while the<br />

Obama Administration has been<br />

late in directing people <strong>to</strong> the insurance<br />

agents themselves for<br />

help, this is a void that the media<br />

has finally been addressing and<br />

helping <strong>to</strong> fill, according <strong>to</strong> Wayne<br />

Sakamo<strong>to</strong> of Health Insurance Interactive.<br />

This CEO offers more<br />

than a leg up for those who enlist<br />

his company <strong>to</strong> assist in the finding<br />

health insurance that is right<br />

for them.<br />

“I was one of the first <strong>to</strong> market<br />

health insurance on the Internet,”<br />

he asserts.<br />

As a health insurance marketer,<br />

Health Insurance Interactive is a<br />

holding company of insurance-related<br />

portals. The company provides<br />

personalized and online<br />

health insurance services <strong>to</strong> the<br />

local, national and international<br />

marketplace. Obviously, Health<br />

Insurance Interactive helps cus<strong>to</strong>mers<br />

connect digitally. In addition,<br />

any inquiries made always<br />

rise quickly <strong>to</strong> a level where the<br />

questions prompting a client’s<br />

call can be fully answered. “That’s<br />

going <strong>to</strong> be my <strong>to</strong>p priority, so I<br />

want <strong>to</strong> make sure I contact them<br />

right away,” Sakamo<strong>to</strong> said.<br />

On point, the response never<br />

amounts <strong>to</strong> either a runaround<br />

or a simple run of the<br />

numbers. “An intuitive agent<br />

not only understands the marketplace<br />

but is a good listener<br />

and has the ability <strong>to</strong> problem<br />

solve – because each situation<br />

is unique,” Sakamo<strong>to</strong> emphasized.<br />

Being self-employed, for<br />

example, could highlight a<br />

consumer as one who could<br />

INTERNATIONAL HEALTH PLANS<br />

A Corporate Family of Insurance Related Websites<br />

or should be using a health<br />

savings account <strong>to</strong> reap additional<br />

benefits. While the contributions<br />

are yearly, staying<br />

healthy could help those contributions<br />

accumulate nicely<br />

in<strong>to</strong> a deferred retirement plan<br />

that doubles as tax deduction.<br />

Of course, the complexities of<br />

the ACA keep insurance agents<br />

up <strong>to</strong> their ears in compliance<br />

issues for the companies they<br />

represent. It also isn’t able <strong>to</strong><br />

completely shield individuals<br />

from those substandard, socalled<br />

“skinny networks,” that<br />

severely limit the number of<br />

doc<strong>to</strong>rs and hospitals in a plan.<br />

This does not deter Sakamo<strong>to</strong><br />

by any measure. As the marriage<br />

between technology and<br />

healthcare delivery evolves, he<br />

understands how this synergy<br />

has brought him in<strong>to</strong> markets<br />

he would never have imagined<br />

otherwise.<br />

Beginning at the Department<br />

of Defense in 2000, Sakamo<strong>to</strong><br />

was employing and associating<br />

with embassy workers and<br />

military officers from around<br />

the world. The need for insurance<br />

coverage became all<br />

<strong>to</strong>o apparent – especially if a<br />

foreign national landed in a<br />

U.S. hospital. As the Pentagon<br />

picked up on Sakamo<strong>to</strong>’s International<br />

Health Plans website,<br />

this powerful collaboration<br />

paved the way for the success<br />

he now enjoys across the online<br />

world. His various portals<br />

offers connections <strong>to</strong> nautical<br />

and travel-related insurance as<br />

well.<br />

As for social media, Sakamo<strong>to</strong><br />

not only loves sharing<br />

threads of knowledge on his<br />

Facebook page, but also welcomes<br />

the opportunity that a<br />

lack of knowledge offers. “I<br />

love taking on challenges, and<br />

if it wasn’t for the issues clients<br />

have, I wouldn’t have that experience,”<br />

Sakamo<strong>to</strong> acknowledged.<br />

All he hopes is that there is<br />

more of it <strong>to</strong> come.<br />

www.healthinsuranceinteractive.com<br />

THE SUIT MAGAZINE - NOV 2014


y peter suciu<br />

Compliance is Key for Health Care Industry<br />

Affects more than just care providers<br />

While the Patient Protection and Affordable Care Act (PPACA), commonly called<br />

the Affordable Care Act, or even “Obamacare,” has gotten much media attention<br />

– and no less scrutiny – it has widely overshadowed the Health Information Technology<br />

for Economic and Clinical Health Act (HITECH Act) of 2009. That law may<br />

not affect individuals, but for those in the health care industry, including businesses<br />

working with health care providers, it presents new challenges.<br />

Jonathan P. Tomes, president of<br />

EMR Legal, has a unique background<br />

enabling him <strong>to</strong> guide his<br />

clients through the complex web that<br />

is the HITECH Act <strong>to</strong> make certain that<br />

they're compliant.<br />

“The HITECH Act in 2009 said that<br />

all business associates must comply<br />

with the same compliance rules as covered<br />

entities – or face the same civil<br />

and criminal liabilities as do covered<br />

entities,” Tomes <strong>to</strong>ld The Suit Magazine.<br />

“They're subject <strong>to</strong> the same audits<br />

by Health and Human Services.”<br />

Moreover, he added that this includes<br />

businesses – from collection<br />

agencies <strong>to</strong> companies that do medical<br />

billing – which may not be directly involved<br />

in providing health care.<br />

Tomes would be the one <strong>to</strong> know. He<br />

joined the Army during the Vietnam<br />

War. Later, he was stationed in Europe<br />

during the Cold War and did military<br />

intelligence work before moving on <strong>to</strong><br />

human intelligence, which provided<br />

him with a practical background.<br />

“It is the same principle for protecting<br />

health information that you would<br />

use for defense information,” he added.<br />

The Army sent Tomes <strong>to</strong> law school<br />

<strong>to</strong> help defend the military against<br />

malpractice cases and then taught law<br />

at the Chicago College of Law. As an<br />

expert in administrative law, he began<br />

<strong>to</strong> conduct seminars around the Health<br />

Insurance Portability and Accountability<br />

Act – and in the late1990s formed<br />

EMR Legal, where he now works with<br />

dozens of medical practices, hospitals<br />

and long term care facilities. “It has<br />

grown,” Tomes admitted. “I certainly<br />

didn't start out intending <strong>to</strong> be a HI-<br />

PAA consultant, but it has worked out<br />

very well.”<br />

He stressed that compliance is key<br />

for anyone even remotely involved in<br />

the health care industry. Clients need<br />

<strong>to</strong> do more than pay lip service <strong>to</strong><br />

compliance, and this often involves a<br />

working relationship – one where the<br />

client is tasked with making sure that<br />

they do everything that is required.<br />

“They can't just expect me <strong>to</strong> get<br />

them magically compliant in a short<br />

period of time. It doesn't work that<br />

way,” Tomes stressed. “There is a lot<br />

of competition out there. There are<br />

other HIPAA consultants, but very<br />

few of them have the legal background<br />

<strong>to</strong> combine with the practical background.<br />

We also have a consulting<br />

team, which includes a great technical<br />

crew that can do a penetration test of<br />

the electronic health system of a major<br />

hospital.”<br />

The keys <strong>to</strong> compliance, however,<br />

still reside with the client.<br />

Tomes emphasized, “The single most<br />

important thing that I stress when I'm<br />

giving a HIPAA presentation or starting<br />

a compliance program is getting<br />

the risk analysis done. That is one of<br />

the main areas <strong>to</strong> look in preventing a<br />

civil or monetary settlement.”<br />

EMR LEGAL, INC.<br />

7111 West 98th Terrace, Ste 140<br />

Overland Park, Kansas 66212<br />

www.emrlegal.com<br />

THE SUIT MAGAZINE p.33


y enid burns<br />

Technology Services<br />

TAILORED TO CLIENT NEEDS<br />

Core Competencies<br />

Fully Managed Services<br />

Outsourced Service and Help Desk<br />

Software Administration and Management<br />

System Audit and Appraisals<br />

New Network Installations<br />

Security Consulting<br />

Small and Medium Business Services<br />

Dynamic Strategies is proud of its membership in these organizations<br />

In 1997, after working <strong>to</strong>gether<br />

as consultants on<br />

a large-scale outsourcing<br />

contract, Joe Infante and<br />

two partners formed the end<strong>to</strong>-end<br />

solutions provider, Dynamic<br />

Strategies. Collectively,<br />

their experience of watching<br />

an outsourcing project go<br />

wrong helped them learn how<br />

<strong>to</strong> offer services that could<br />

help companies do outsourcing<br />

right. The company has<br />

prospered by maintaining its<br />

original clients – some for as<br />

long as 17 years – while continuing<br />

<strong>to</strong> build its cus<strong>to</strong>mer<br />

base.<br />

Dynamic Strategies not only<br />

helps its clients implement<br />

new technology, but it also<br />

provides support for those<br />

technologies it helps put in<strong>to</strong><br />

place. While competing firms<br />

often go an easier route, applying<br />

the same services across a<br />

diverse client base, Joe Infante<br />

and his partners believe it’s<br />

more appropriate <strong>to</strong> create a<br />

cus<strong>to</strong>m solution for each client.<br />

“We have <strong>to</strong> tailor our services,”<br />

said Infante. “And we<br />

will tailor our services <strong>to</strong> what<br />

the client needs.”<br />

This cus<strong>to</strong>m approach<br />

helped the company develop<br />

Velocity Advantage, its flagship<br />

offering, which is an IT<br />

managed services product.<br />

After reviewing the information<br />

technology ecosystem<br />

and its relationship <strong>to</strong> business<br />

objectives, a cus<strong>to</strong>mized<br />

client solution is proposed.<br />

“It’s really cus<strong>to</strong>mizing these<br />

support models <strong>to</strong> not only<br />

meet the cus<strong>to</strong>mer’s needs,<br />

but also their expectations<br />

<strong>to</strong>o,” Infante <strong>to</strong>ld The Suit in<br />

an interview.<br />

Previous experience as consultants<br />

helped shape Velocity<br />

Advantage. “This goes out <strong>to</strong><br />

being in this industry and remembering<br />

everything that<br />

we faced in developing our<br />

company and helping our clients,”<br />

said Infante. “We are<br />

looking at why outsourcing<br />

doesn’t work, or where the existing<br />

problems are.”<br />

Three Client Fac<strong>to</strong>rs<br />

Three basic fac<strong>to</strong>rs govern<br />

how Dynamic Strategies addresses<br />

client needs: trust,<br />

vision and outcome. Clients<br />

need <strong>to</strong> trust a service provider.<br />

Companies in regulated<br />

industries such as finance and<br />

pharmaceuticals have regula<strong>to</strong>ry<br />

standards they must adhere<br />

<strong>to</strong> on a daily basis. However<br />

even industries, which<br />

aren’t restricted by such regula<strong>to</strong>ry<br />

guidelines have genuine<br />

concerns about keeping IT<br />

systems running, up-<strong>to</strong>-date<br />

and secure. Trust is essential<br />

for the client <strong>to</strong> have confidence<br />

that a provider like Dynamic<br />

Strategies will be able<br />

<strong>to</strong> assess all their needs and<br />

address all concerns.<br />

Vision is necessary. Clients<br />

often have an idea of what<br />

THE SUIT MAGAZINE - NOV 2014


their needs are, but still require direction<br />

in how <strong>to</strong> get there. “They need<br />

help with what’s out there, and with<br />

questions like ‘What have we got <strong>to</strong><br />

be careful about?’ and ‘What am I not<br />

thinking about?’” Infante explained.<br />

“Trust and vision are two big things.”<br />

The third fac<strong>to</strong>r, according <strong>to</strong> Infante,<br />

is outcome. “A lot of managed service<br />

providers seem <strong>to</strong> focus simply on the<br />

commodity,” he said. “Here’s your service,<br />

here are the things it includes, and<br />

here’s a service level. If I do all these<br />

things, then I provided a great service.<br />

And they probably have.”<br />

A cus<strong>to</strong>mized solution goes a step beyond<br />

by addressing the client’s needs.<br />

“In the end the client is looking for an<br />

outcome that is more than just simply a<br />

commodity,” Infante asserted.<br />

Keeping Current with Evolving Technology<br />

Over the past 17 years, the team at<br />

Dynamic Strategies has learned <strong>to</strong><br />

stay a step ahead of technology – and<br />

helps its clients do the same. Infante<br />

attributes the company’s high client<br />

retention rate <strong>to</strong> these efforts. “I think<br />

this falls in<strong>to</strong> why we can maintain the<br />

client base. It is our ability <strong>to</strong> change<br />

quickly and <strong>to</strong> adapt our services <strong>to</strong><br />

meet the changing needs of technology,”<br />

Infante said. He refers <strong>to</strong> the conditions<br />

when the company was incorporated<br />

and PCs cost $4,000. “It’s not<br />

like that anymore. Now we have co-location<br />

facilities, now we have cloudbased<br />

services. Now we have mobile<br />

apps and mobile devices. So we have<br />

evolved along with our clients’ needs.”<br />

Sometimes it requires holding a client’s<br />

hand and walking them through<br />

the future, harkening back <strong>to</strong> Infante’s<br />

three core principals of trust, vision<br />

and outcome.<br />

“It’s those three things we focus on<br />

which help us move, along with our<br />

client base – ahead of our client base,”<br />

he noted. “We’re coming back <strong>to</strong> our<br />

clients, saying, ‘This is coming; cloud<br />

services are coming; here’s what you’re<br />

going <strong>to</strong> see in the next six months or<br />

year.’ That’s the other thing we’re doing<br />

for our clients. We’re out in front and I<br />

think those are two big successes for us.”<br />

Head in the Clouds<br />

While cloud services have been<br />

around for the past few years, some<br />

companies are just starting <strong>to</strong> invest in<br />

them. As companies are starting <strong>to</strong> think<br />

more and more about the cloud, Dynamic<br />

Strategies sees opportunities helping<br />

<strong>to</strong> manage the transition in the “Wild<br />

West” that Infante calls the cloud platform,<br />

where established telecoms and<br />

start-up companies are competing for<br />

new contracts.<br />

“There are so many different things<br />

coming from different types of providers,”<br />

said Infante. “Where does a client<br />

go? So I think we’re going <strong>to</strong> see ourselves<br />

– not building a cloud solution<br />

– but being the broker and managing<br />

once again how our clients get <strong>to</strong> the<br />

cloud, when they use it, and how they<br />

integrate the cloud along with the things<br />

that don’t fit in the cloud.”<br />

<strong>One</strong> of Infante’s big warnings regards<br />

things that don’t fit in<strong>to</strong> the cloud.<br />

“That’s going <strong>to</strong> be one of the big issues.<br />

People think everything’s going <strong>to</strong> go<br />

in<strong>to</strong> the cloud <strong>to</strong>morrow – they’re going<br />

<strong>to</strong> pick everything up and put it in the<br />

cloud. That’s not going <strong>to</strong> be the case.<br />

It’s going <strong>to</strong> be more like, some things<br />

are going <strong>to</strong> be cloud-based and other<br />

things are going <strong>to</strong> be based on-premises.<br />

How do we integrate them? How do<br />

we manage? How do we keep control of<br />

these things?”<br />

Although managed services for Dynamic<br />

Strategies will continue as they<br />

are currently being delivered, Infante<br />

sees a shift <strong>to</strong>ward further addressing<br />

cloud solutions and problems as 2014<br />

moves in<strong>to</strong> 2015.<br />

Organization Affiliations<br />

Dynamic Strategies is a proud member<br />

of the following organizations<br />

1nService – www.1nservice.com – 1nService<br />

is a vertically integrated organization of high-level<br />

network and advanced technology providers.<br />

Each member is a proven, successful entity<br />

alone, but banded <strong>to</strong>gether, a more powerful and<br />

professional <strong>to</strong>ol for your business technology<br />

expansion and implementation. Our integration<br />

of expertise brings your business <strong>to</strong>gether under<br />

one concise vision and direction.<br />

BioNJ– www.bionj.org – BioNJ’s mission is<br />

<strong>to</strong> advance the biotechnology and biotechnology-related<br />

industries in New Jersey for the<br />

benefit of the citizens, the economy and patients<br />

of New Jersey, the US and worldwide.<br />

CompTIA – www.comptia.org – CompTIA is the<br />

non-profit trade association advancing the global<br />

interests of information technology (IT) professionals<br />

and companies including manufacturers,<br />

distribu<strong>to</strong>rs, resellers, and educational institutions.<br />

NJBIA – www.njbia.org – The New Jersey<br />

Business & Industry Association provides information,<br />

services and advocacy <strong>to</strong> its member<br />

companies in order <strong>to</strong> build a more prosperous<br />

New Jersey. NJBIA is the nation’s largest statewide<br />

employer association. Its members, as a<br />

group, employ more than one million people.<br />

259 Prospect Plains Road,<br />

Building K, Suite 301<br />

Cranbury, NJ 08512<br />

.ds-inc.<br />

THE SUIT MAGAZINE p.35


y peter suciu<br />

OBAMACARE FUELS<br />

Compliance Industry Services<br />

Implementation of the<br />

Affordable Care Act<br />

– less affectionately<br />

known as Obamacare –<br />

has meant a boom in business<br />

for Sharon Bradley,<br />

RN, MBA, CHC, CPHQ,<br />

CPHRM. She is a health care compliance,<br />

quality, and risk management<br />

professional, and one who isn’t angered<br />

by all of the new rules, regulations and<br />

standards for compliance. Her firm,<br />

CRAQ Health Care Consulting, LLC,<br />

based in Day<strong>to</strong>na Beach, Florida, thrives<br />

on meeting government mandates. The<br />

Affordable Care Act contains a whole<br />

host of mandates for health care organizations<br />

and CRAQ, which stands for<br />

Compliance, Risk, Accreditation, and<br />

Quality, is prepared <strong>to</strong> assist organizations<br />

in meeting those requirements. As<br />

president of the firm, Bradley welcomes<br />

involvement with Obamacare.<br />

In fact, helping hospitals, clinics, long<br />

term care facilities and other medical<br />

organizations meet governmental compliance<br />

standards is nothing new for<br />

Bradley. As an independent health care<br />

compliance consultant, Obamacare’s<br />

requirements seem more like another<br />

round of government-issued mandates,<br />

except with a stronger compliance bite.<br />

“Prior <strong>to</strong> the Affordable Care Act, we<br />

had the Deficit Reduction Act, which<br />

had a compliance program but it was<br />

considered more of an ‘involuntaril<br />

manda<strong>to</strong>ry’ situation,” Bradley explains.<br />

“You did not necessarily have <strong>to</strong><br />

have a compliance program, but if you<br />

ran afoul of the government’s rules and<br />

regulations, you could end up paying<br />

significant fines and penalties.”<br />

Today, compliance programs are<br />

manda<strong>to</strong>ry. Bradley welcomes this. In<br />

her opinion, having a robust compliance<br />

program is “the best mitigation strategy”<br />

for avoiding penalties.<br />

Starting her career as a registered<br />

nurse in Florida, she quickly worked<br />

her way up the clinical ladder in<strong>to</strong> management,<br />

and she was put in charge of<br />

quality management, risk management<br />

and compliance. After a stint managing<br />

these issues for two hospitals jointly<br />

owned by a for-profit, multi-hospital<br />

health system, she <strong>to</strong>ok a position<br />

handling corporate quality management<br />

and compliance for Tenet, a large,<br />

for-profit, multi-hospital system. In 2007,<br />

Bradley became a senior vice president<br />

with Marsh, a global firm specializing in<br />

risk and insurance services. She was consulting<br />

for hospitals across the country,<br />

a skill set that came in handy when she<br />

was downsized in 2013, and it was then<br />

that Bradley decided <strong>to</strong> hang out her<br />

own shingle.<br />

“All of my experience developed my<br />

taste and approach in how I consult with<br />

hospitals, ambula<strong>to</strong>ry care centers, provider<br />

practices and long-term care centers,”<br />

Bradley said. “My clients <strong>to</strong>day<br />

appreciate the fact that I have been <strong>to</strong><br />

hundreds of hospitals and other health<br />

care organizations across the nation and<br />

I have seen how others handle compliance.<br />

I have seen what works well and<br />

what does not work well and I bring<br />

those experiences <strong>to</strong> each new client<br />

when I consult.”<br />

She notes that the medical profession is<br />

becoming increasingly dependent on information<br />

technology – particularly with<br />

the new requirements under Obamacare<br />

further mandating electronic medical<br />

records. This dependency should not replace<br />

the human element, which in Bradley’s<br />

estimation, more easily catches errors<br />

in medical records, thus protecting<br />

patient safety more effectively.<br />

“I certainly understand that there are<br />

errors in IT – and I find them when doing<br />

reviews,” Bradley said. “The biggest key<br />

<strong>to</strong> patient safety though is for the medial<br />

professionals <strong>to</strong> engage the patients,<br />

their families and their support systems.<br />

Don’t approach their care as just a rote<br />

set of tasks – but have engaged conversations<br />

with them and with their families.<br />

That is what really keeps them safe.”<br />

Learn more about Bradley and her services<br />

via CRAQ Healthcare Consulting,<br />

LLC, at CRAQhealthcare.com .<br />

THE SUIT MAGAZINE p.37


y enid burns<br />

HELPING SMALL<br />

LENDERS IN TIMES<br />

OF INCREASING<br />

REGULATION<br />

The economic downturn experienced at the close of the<br />

last decade was a transformative time for the financial<br />

industry's lending segment. Increased regulations –<br />

meant <strong>to</strong> help consumers – actually made small loans<br />

more expensive and more difficult <strong>to</strong> obtain. <strong>One</strong> company,<br />

Infusit, hopes <strong>to</strong> remedy that by supplying cus<strong>to</strong>mer<br />

support services <strong>to</strong> small and medium-size lenders,<br />

so they can continue <strong>to</strong> provide small loans and<br />

lines of credit.<br />

Since the debacle of 2008 and<br />

2009, as regulation from the<br />

state and federal levels increased,<br />

many larger banks simply<br />

s<strong>to</strong>pped providing smaller loans<br />

and lines of credit <strong>to</strong> cus<strong>to</strong>mers. While<br />

seemingly opening the door for smaller<br />

lenders <strong>to</strong> provide these services,<br />

new regulations imposed by state and<br />

federal government made lending <strong>to</strong><br />

consumers increasingly difficult, hurting<br />

both lenders and consumers.<br />

“Most of the evolution happening<br />

in the industry since the recession has<br />

really, I think, affected the average<br />

consumer more negatively than positively,”<br />

said Randall Wasserman, president<br />

of the financial cus<strong>to</strong>mer service<br />

firm Infusit. “You would think that<br />

increased regulation would be a good<br />

thing, and it can be in the long run, but<br />

what happens in the short term is that<br />

the pendulum swings <strong>to</strong>o far the other<br />

way. And, what we saw happen, is<br />

that instead of increasing credit, banks<br />

decreased the availability of credit – or<br />

cut it off al<strong>to</strong>gether.”<br />

Over-Regulation Leads <strong>to</strong> Under-Funding<br />

Regulation has all but brought the<br />

small loan business <strong>to</strong> a standstill, especially<br />

in states with <strong>to</strong>ugher regulations,<br />

such as California, New York,<br />

Connecticut and Florida, where state<br />

regula<strong>to</strong>ry laws discourage companies<br />

from lending money. In New York,<br />

Connecticut and Florida, the state<br />

dropped the interest rates lenders can<br />

charge, making offering small loans<br />

less profitable. In California, Wasserman<br />

offers an example of how new<br />

regulations for lenders determine the<br />

maximum fees on loans. For instance,<br />

a loan of under $2,500 cannot accrue<br />

fees over a certain amount, such as 12<br />

percent of the loan. As a result, lenders<br />

simply s<strong>to</strong>pped loaning in that category,<br />

leaving credit-strapped consumers<br />

high and dry. Consequently, many<br />

cus<strong>to</strong>mers were forced <strong>to</strong> look in other<br />

states <strong>to</strong> get financial help, actually<br />

paying higher fees in the process.<br />

“So, in trying <strong>to</strong> help the consumer,<br />

some states over-regulated and forced<br />

consumers <strong>to</strong> look elsewhere,” Wasserman<br />

<strong>to</strong>ld The Suit Magazine, in<br />

an interview. “That drives cus<strong>to</strong>mers<br />

<strong>to</strong> neighboring states, … where they<br />

end up paying much, much more for<br />

small loans and lines of credit than<br />

they would have if it wasn't such an<br />

over-regulated environment.”<br />

Supporting Small Loans<br />

Wasserman's firm, Infusit, provides<br />

cus<strong>to</strong>mer service, call center support,<br />

software, and other services for small<br />

<strong>to</strong> medium-sized lenders. This, in turn,<br />

helps reduce operational costs for<br />

those lenders, allowing them access <strong>to</strong><br />

more capital that they can use for loans<br />

<strong>to</strong> consumers.<br />

“I would like <strong>to</strong> see more credit and<br />

lower costs of capital made available<br />

<strong>to</strong> small lenders <strong>to</strong> drive down some<br />

of the borrowing rates, which will help<br />

them <strong>to</strong> grow,” Wasserman said. “This<br />

will enable them, in turn, <strong>to</strong> provide<br />

THE SUIT MAGAZINE - NOV 2014


explained Wasserman. “From helping lenders<br />

obtain new cus<strong>to</strong>mers, <strong>to</strong> helping them<br />

service their cus<strong>to</strong>mers – and if the cus<strong>to</strong>mer<br />

s<strong>to</strong>ps paying, we offer collections functions<br />

for them as well.”<br />

lower cost services <strong>to</strong> their cus<strong>to</strong>mers,<br />

which will be a win/win for everyone.<br />

This is a goal of ours – and<br />

we're very happy we can be a part<br />

of that.”<br />

While outsourcing helps reduce<br />

costs, Infusit resists the trend <strong>to</strong> outsource<br />

in other countries. “We started<br />

this company because we can be<br />

competitive right here in the United<br />

States,” Wasserman said. “We<br />

are more specialized and provide<br />

slightly different services than overseas<br />

call centers, but I'd like <strong>to</strong> see<br />

more outsourced services come back<br />

here, because that's what's better for<br />

Randall Wasserman,<br />

President of Infusit<br />

the country.”<br />

To help gain a competitive advantage,<br />

Wasserman's company has created<br />

an offering, including developing<br />

its own software, <strong>to</strong> help small<br />

lenders meet their needs.<br />

Infusit works with client lenders<br />

at every stage from loan application<br />

<strong>to</strong> collections. Once a loan is issued,<br />

Infusit provides cus<strong>to</strong>mer support<br />

for client lenders by dealing with<br />

cus<strong>to</strong>mer issues in its call center.<br />

The company also handles billing<br />

and collections, when necessary.<br />

“We offer services from the very early<br />

stages <strong>to</strong> the very ending stages,”<br />

“We will treat your<br />

cus<strong>to</strong>mers as if they<br />

were our own!<br />

Lending Terms<br />

The lending industry has gone through<br />

several iterations since Wasserman entered<br />

the business, roughly 30 years ago. After<br />

graduating college and working in the lending<br />

industry, he started his own lending<br />

company about 20 years ago. He identified<br />

some issues immediately. “There's a great<br />

disparity that has come <strong>to</strong> light in recent<br />

years with Wall Street and the 98 percent<br />

movement – the haves and the have nots,”<br />

said Wasserman. “I got in<strong>to</strong> the industry because<br />

banks really weren't doing the public<br />

a good service. They only want <strong>to</strong> lend<br />

money <strong>to</strong> those who have it and don’t need<br />

it; not <strong>to</strong> those who need it and don’t have<br />

it. I wanted <strong>to</strong> help change that paradigm.”<br />

While many of the changes happened<br />

with increased regulation over the past few<br />

years, the trend actually started many years<br />

earlier. “Way back when, banks provided<br />

two services <strong>to</strong> clients. First, they were deposi<strong>to</strong>ry<br />

institutions for people who wanted<br />

<strong>to</strong> safeguard their money, and the second<br />

function was <strong>to</strong> lend money <strong>to</strong> people<br />

when they needed it.” Those kinds of loans,<br />

signature loans and personal loans, don't<br />

really exist anymore, but Wasserman hopes<br />

they will come back.<br />

Transparency Against Preda<strong>to</strong>ry Practices<br />

While Infusit targets small- and medium-size<br />

lenders issuing small loans, it does<br />

not support preda<strong>to</strong>ry lenders.<br />

“My main requirement is that lenders be<br />

honest and transparent,” Wasserman emphatically<br />

states. “My criteria for taking on<br />

a new client is that they fully disclose all<br />

their rates and terms in advance, that they<br />

are completely transparent, that there are<br />

no hidden fees whatsoever, and that the<br />

cus<strong>to</strong>mer knows before signing anything<br />

exactly what their loan or line of credit is<br />

going <strong>to</strong> cost them.”<br />

Infusit's criteria for taking on clients aims<br />

<strong>to</strong> help bring honest lenders, lenders who<br />

intend <strong>to</strong> help cus<strong>to</strong>mers in need of small<br />

loans – in<strong>to</strong> the market. Without such lenders,<br />

cus<strong>to</strong>mers looking for loans and lines of<br />

credit often have no other option but <strong>to</strong> turn<br />

<strong>to</strong> preda<strong>to</strong>ry lenders for help.<br />

.infusit<br />

THE SUIT MAGAZINE p.39


y amy m. armstrong<br />

Employee non-Competition Agreements:<br />

IMPORTANT ISSUES<br />

FOR EMPLOYERS<br />

before and after hiring.<br />

Fairness and Enforceability Should<br />

be the Benchmark Legal Target<br />

Phillip L. Chapman thinks that<br />

employers should add this question <strong>to</strong><br />

the interview process:<br />

Have you signed a<br />

post-employment noncompete<br />

agreement with<br />

your previous employer?<br />

“Quite often, potential new employees do not remember – or think that<br />

perhaps they did, but they don’t have a copy – so they and the new<br />

employer do not know what restrictions might be at play,” Chapman said.<br />

“This issue has <strong>to</strong> be addressed immediately before they go any further in<br />

the hiring process.”<br />

THE SUIT MAGAZINE - NOV 2014


It’s the type of legal issue on which<br />

Chapman, a business lawyer affiliated<br />

with Lum, Drasco & Positan, LLC<br />

in Roseland, NJ, spends a fair amount<br />

of his professional time.<br />

Chapman knows that that legal interpretation<br />

and enforcement of post<br />

employment-non-compete agreements.<br />

Legal interpretation and enforcement of<br />

post-employment non-compete agreements<br />

is an area whose yearly case files<br />

have increased more than 60 percent<br />

nationwide since 2002, when the Wall<br />

Street Journal began tracking this specific<br />

legal segment. Some non-compete<br />

experts contend even those numbers<br />

may be low because cases settled out<br />

of court are not tallied. Chapman pinpoints<br />

technology as a leading culprit<br />

for this flurry of increased activity.<br />

“There certainly is more litigation<br />

of this kind because in the computer<br />

age it is much easier for an employee<br />

<strong>to</strong> download and take with them the<br />

entire data set of who the company’s<br />

clients and cus<strong>to</strong>mers are, as well as details<br />

of financial arrangements the company<br />

has with its clients, cus<strong>to</strong>mers and<br />

vendors – and also the company’s strategic<br />

plans,” Chapman explains. “All of<br />

that is readily accessible <strong>to</strong> employees<br />

on their own workstations. Gaining<br />

that information does not require a<br />

midnight raid by the employee. It is<br />

just far <strong>to</strong>o easy for an employee <strong>to</strong><br />

leave with a great deal of the company’s<br />

confidential information.”<br />

In Chapman’s judgment, appropriate<br />

post-employment non-compete<br />

agreements afford protection for both<br />

the employer and the departing employee.<br />

In his many years as a business<br />

at<strong>to</strong>rney, Chapman said that he’s seen<br />

both sides of this issue.<br />

He has concerns for employers<br />

when a company and a key employee<br />

– such as a driving force sales person<br />

representing 40 percent of the company’s<br />

revenue – part ways.<br />

“If that person leaves with 40 percent<br />

of the business, that company is<br />

going <strong>to</strong> be mortally wounded,” he<br />

noted. “On the other hand, employees<br />

should be able <strong>to</strong> make career changes<br />

without unreasonable restrictions.<br />

Non-compete agreements restricting<br />

the employment activities of a former<br />

worker for more than one year often<br />

are considered <strong>to</strong>o restrictive.”<br />

“There are a lot of moving parts <strong>to</strong><br />

non-compete agreements, but the target<br />

is <strong>to</strong> make them fair and reasonable<br />

for both the employee and the company<br />

based on the type of industry they<br />

work in and the level of competition<br />

within their marketplace,” Chapman<br />

emphasized. “No agreements should<br />

be the same. It is best if they are tailor-made<br />

for each instance.”<br />

Learn more about Chapman online at<br />

www.superlawyer-nj.com<br />

www.lumlaw.com<br />

THE SUIT MAGAZINE p.41


y g. levin<br />

Health Agent says<br />

Everyone’s a Potential Client<br />

When Eric Wilson, president<br />

of I Sell Health, Inc.,<br />

researched health insurance<br />

as a business he<br />

might want <strong>to</strong> try, he learned that most<br />

people had a very limited familiarity<br />

with the industry.<br />

Wilson opened his company – now<br />

a multi-state operation headquartered<br />

near Chicago – in 2004. To his surprise,<br />

it <strong>to</strong>ok longer than expected <strong>to</strong> get the<br />

business rolling.<br />

Wilson already had experience with<br />

insurance professionals, first working<br />

for an au<strong>to</strong>-replacement firm and later<br />

for an au<strong>to</strong>-glass company. After<br />

advancing through the ranks at those<br />

companies, however, he was intent on<br />

going in<strong>to</strong> business for himself.<br />

Still intrigued by the insurance industry,<br />

Wilson considered property and<br />

casualty firms. Initially, he switched<br />

<strong>to</strong> the health sec<strong>to</strong>r because overhead<br />

costs were lower. In health insurance,<br />

an office staff managing claims wasn’t<br />

necessary.<br />

Wilson's first impressions – that the<br />

nature of health insurance seemed arcane<br />

– are still relevant <strong>to</strong>day, with the<br />

implementation of Obamacare, or the<br />

Affordable Care Act (ACA). “Clients<br />

need someone who is knowledgeable<br />

– not just about the products, but also<br />

about ACA law, which changes constantly,”<br />

he noted.<br />

Prior <strong>to</strong> the ACA, his clientele consisted<br />

mostly of self-employed people<br />

and mom-and-pop businesses. “They<br />

didn’t have corporate health benefits,”<br />

Wilson said, “And because there was<br />

underwriting, they had <strong>to</strong> be healthy.”<br />

Plans for the self-employed tended <strong>to</strong><br />

be catastrophic in nature for cost purposes,<br />

as opposed <strong>to</strong> products for small<br />

groups that had lower deductibles.<br />

Wilson said, “With ACA, underwriting<br />

disappeared and everyone qualifies<br />

health-wise – a good thing. But we’re<br />

seeing more and more large companies<br />

drop their insurance benefits because<br />

the cost of insurance got higher.”<br />

Compared <strong>to</strong> the more narrow scope<br />

of the clientele he serviced before ACA,<br />

Wilson said, “Now, nearly everyone is<br />

a potential client.” Wilson also works<br />

with people who have Medicare coverage.<br />

Prior <strong>to</strong> ACA, carriers filed their<br />

health plans in each state where they<br />

issued policies. Some states had mandates,<br />

requiring areas of coverage, such<br />

as mental health or maternity benefits.<br />

Companies differed from each other<br />

in the benefits they provided. Some<br />

would supplement their plans with<br />

add-on areas of coverage. Other companies<br />

specialized in specific types of<br />

coverage. This variety in what companies<br />

offered ended with ACA. Every<br />

ACA-compliant health plan must have<br />

these 10 essential benefits: (1) ambula<strong>to</strong>ry<br />

patient services (outpatient care);<br />

(2) emergency services; (3) hospitalization;<br />

(4) maternity and newborn care;<br />

(5) mental health services and addiction<br />

treatment; (6) prescription drugs;<br />

(7) rehabilitation services and devices;<br />

(8) labora<strong>to</strong>ry services; (9) preventive<br />

THE SUIT MAGAZINE - NOV 2014


services; and (10) pediatric services.<br />

“Choosing a plan is a little easier,”<br />

Wilson said. Clients view side-by-side<br />

comparisons of carriers on his company’s<br />

website. They can look at co-pays<br />

– how much, for example, one carrier<br />

requires, as compared <strong>to</strong> another.<br />

“In 2011,” Wilson said, “commissions<br />

were cut in half.” He<br />

had <strong>to</strong> reduce his costs and add<br />

new products <strong>to</strong> sell – all part of<br />

changing his business model.<br />

With underwriting then, “if you<br />

wrote 100 policies, maybe 90 percent<br />

qualified,” he said. “Of the<br />

remaining 10 percent, maybe 7<br />

or 8 percent would qualify with<br />

a rate-up.” That is a policy surcharge<br />

<strong>to</strong> accommodate a potential<br />

client’s medical condition.<br />

If people were not going <strong>to</strong> be<br />

able <strong>to</strong> qualify or had limited<br />

resources, then agents couldn’t<br />

spend <strong>to</strong>o much time with them. Time<br />

was critical when, as Wilson put it,<br />

“You had <strong>to</strong> write a lot more policies.”<br />

“As ACA emerged in 2014, commissions<br />

were cut again,” he said. “Though<br />

premiums increased, it wasn’t enough<br />

<strong>to</strong> offset the reduction in commissions.”<br />

Yet, agents no longer had <strong>to</strong> consider<br />

how a carrier would view a potential<br />

client with a pre-existing condition –<br />

underwriting was gone.<br />

“Another change affecting how<br />

agents conduct their business,” Wilson<br />

noted, “is a shrinking selling season.<br />

<strong>Last</strong> year, open enrollment was Oc<strong>to</strong>ber<br />

<strong>to</strong> the end of March. This year, it’s<br />

November <strong>to</strong> February.”<br />

Wilson said that he wrote about 250<br />

applications during the open-enrollment<br />

period last year. In the first eight<br />

months of 2014, he has written 200 applications.<br />

“And, the number of carriers has<br />

diminished,” he said, remarking that<br />

they’ve gone out of business, or more<br />

likely, have left the health-insurance<br />

market.<br />

With its 10 essential health benefits,<br />

ACA has moved the industry <strong>to</strong>ward<br />

uniform standards. “Yet, state control<br />

of pricing should exist,” he said. “Some<br />

states – like Alaska and Florida – just<br />

have different needs.”<br />

“In an ideal world, you’d make every<br />

carrier offer the core benefits, but<br />

you’d get <strong>to</strong> choose what you think you<br />

need.”<br />

When he started in the business, Wilson<br />

said that he’d sit down with<br />

as many people as he could <strong>to</strong><br />

acquire clients. No-shows meant<br />

time wasted. On other occasions,<br />

he’d drive distances <strong>to</strong> see potential<br />

clients, sell the policy, and<br />

then the new client would cancel<br />

it almost immediately. “People<br />

felt compelled <strong>to</strong> buy because you<br />

had driven out <strong>to</strong> see them.”<br />

Contemporary technology like<br />

electronic signatures and web<br />

conferencing, has changed all<br />

that. “There’s no pressure with<br />

online meetings,” he said. Wilson<br />

also blogs <strong>to</strong> drive traffic <strong>to</strong> his<br />

website, writing <strong>to</strong>pical essays,<br />

such as “Not all Cancelled Health Insurance<br />

Policies were ‘Junk.’ ”<br />

I Sell Health, Inc.<br />

Office: 815-372-1363<br />

Toll Free: 888-448-5370<br />

www.isellhealth.com<br />

THE SUIT MAGAZINE p.43


y amy m. armstrong<br />

Providing<br />

More than Just<br />

Health Insurance<br />

<strong>Last</strong> year’s federal failure in terms of<br />

allowing even eligible Americans<br />

<strong>to</strong> enroll online for Obamacare via<br />

the health care exchange systems,<br />

laid the groundwork for <strong>to</strong>day's success of<br />

Alaska’s largest Affordable Care Act enroller.<br />

“We lost a lot of momentum with that,”<br />

admits Joshua Weinstein, president of Northrim Benefits<br />

Group, affiliated with Anchorage, Alaska's Northrim Bank.<br />

“Yet, consequently, the success that comes out of it is that<br />

we are the largest agency in the state of Alaska for individual<br />

consumers wanting <strong>to</strong> enroll in health benefits under<br />

the Affordable Care Act. We built a model that is lucrative<br />

and sustainable for our firm around what, in industry standards,<br />

I would consider a fairly meager commission on individual<br />

health insurance products.”<br />

Weinstein is referring <strong>to</strong> the “Enroll Alaska” division of<br />

Northrim.<br />

<strong>One</strong> year ago, as health insurers ramped up for<br />

Obamacare enrollment, Northrim identified more than<br />

100,000 individual Alaskans who would be income-eligible<br />

for the federal subsidy being offered. Northrim had nearly<br />

40 employees – including an “Enroll Alaska” division<br />

Chief Operating Officer – all ready and willing <strong>to</strong> process<br />

applications.<br />

When the health care exchanges opened last Oc<strong>to</strong>ber –<br />

and technical glitch after technical glitch plagued the system<br />

– Weinstein and his associates at Northrim were just<br />

as, if not even more, frustrated than the consumers who<br />

could not log on.<br />

While the delays were admittedly discouraging, in hindsight<br />

Weinstein sees blessings in disguise for Northrim. It<br />

gave them the motivation they needed <strong>to</strong> up their game in<br />

terms of cus<strong>to</strong>mer service within the health care exchange<br />

system.<br />

“Not only do we help people get tax credits and manage<br />

the policies that they have purchased on an individual<br />

basis, but we also provide care advocacy, so if there are<br />

claims issues or medical billing errors, we provide a full<br />

wrap-around solution. That has become a great success<br />

s<strong>to</strong>ry, because people who are trying <strong>to</strong> navigate the insurance<br />

marketplace do not have <strong>to</strong> do it alone – and they do<br />

not have <strong>to</strong> pay more for that help when they work with<br />

our ‘Enroll Alaska’ division,” Weinstein explains.<br />

He adds that the experience taught the benefits group<br />

he heads how <strong>to</strong> be nimble and flexible in the ever-changing<br />

climate of regula<strong>to</strong>ry, political and legislative priorities<br />

surrounding health care.<br />

It almost sounds like an over-used cliché, unless one<br />

considers the monumental changes Obamacare presented<br />

<strong>to</strong> the issuers of health care policies and the<br />

employers purchasing them on behalf of employees.<br />

Since its founding,<br />

Northrim's mainstay<br />

has been<br />

providing<br />

group benefits.<br />

The “Enroll<br />

Alaska”<br />

THE SUIT MAGAZINE - NOV 2014


division, however, primarily targets individual consumers,<br />

representing a welcome expansion in<strong>to</strong> this new area<br />

for the firm.<br />

When Weinstein came on board as a temporary summer<br />

hire in 2002, the Northrim Benefits Group consisted<br />

of three employees. He was in between teaching positions<br />

and <strong>to</strong>ok the job “not just <strong>to</strong> kill some time” in the summer<br />

months, but <strong>to</strong> use his time and skills wisely while school<br />

was out. He found himself enjoying the industry enough<br />

<strong>to</strong> stay.<br />

“I am a numbers person,” Weinstein said. “I enjoy helping<br />

a client establish what their need is and then putting<br />

<strong>to</strong>gether a solution <strong>to</strong> fill that need.”<br />

At first, his policy writing work focused on responding<br />

<strong>to</strong> the care needs associated with an illness or injury. Then<br />

the insurance policy tide turned, and Weinstein saw<br />

opportunities <strong>to</strong> help people stay healthy by emphasizing<br />

preventative care and wellness. That evolved<br />

in<strong>to</strong> helping companies purchase group plans at<br />

lower than usual cost.<br />

“Health care spending has become such a significant<br />

part of the financial picture for business<br />

owners, that if they do not get a handle<br />

on the rising cost of<br />

their health care<br />

plan, they lose<br />

their competitive<br />

edge,” he stressed.<br />

Weinstein put<br />

his love of num-<br />

bers <strong>to</strong> work, analyzing budgets and spreadsheets for<br />

the firms Northrim serviced. The benefits group began <strong>to</strong><br />

grow. Today, the firm employs 12 <strong>to</strong> 20, with renewal season<br />

requiring more staff.<br />

As Obamacare began <strong>to</strong> be implemented, it became clear<br />

<strong>to</strong> Weinstein that the firm’s clients needed plain English<br />

guidance as <strong>to</strong> how this would impact them.<br />

“The most significant consideration in the early part of<br />

the law back in 2010, was just getting our arms around<br />

this and figuring out what does it mean <strong>to</strong> us,” he noted.<br />

“Now, further in<strong>to</strong> its implementation – as employers we<br />

work with are seeing the sticker shock associated with this<br />

expansion of health care benefits and the compliance requirements<br />

associated with it – a lot of concern has been<br />

created in our office that employers may not, or likely are<br />

not, doing everything they are supposed <strong>to</strong> be doing at<br />

the right time or getting the right information <strong>to</strong> the right<br />

people at the right time.”<br />

Hence, Northrim’s focus regarding Affordable Care Act<br />

education gave way <strong>to</strong> a focus on compliance and a new<br />

set of services began <strong>to</strong> be offered <strong>to</strong> clients: Online communication<br />

portals offering support for human resource<br />

departments, document preparation services and a primer<br />

on Obamacare titled “Healthcare Reform 101.” This was<br />

written <strong>to</strong> get clients up <strong>to</strong> speed and comfortable with the<br />

latest mandates they had <strong>to</strong> meet.<br />

“Added <strong>to</strong> Obamacare are the continual announcements<br />

from the Federal Department of Labor that the agency intends<br />

<strong>to</strong> audit every employer sponsoring health and welfare<br />

plans within the workplace,” Weinstein notes. This<br />

only provides Weinstein and his staff with more reason<br />

<strong>to</strong> focus on compliance in regards <strong>to</strong> health care insurance<br />

policies.<br />

“It has gotten a lot more technical – and we really have<br />

had <strong>to</strong> roll up our sleeves,” Weinstein emphasized. “But<br />

for us, being able <strong>to</strong> take all of that information and regurgitate<br />

it back <strong>to</strong> the client in a way that is understandable<br />

and meaningful <strong>to</strong> them, so that they know we are full<br />

partners with them in this journey, is our goal.”<br />

3111 C St, Suite 500<br />

Anchorage, Alaska 99503<br />

P: 907.263.1401 |TF: 888.910.6667<br />

Email: info@northrimbenefits.com<br />

www. northrimbenefits.com<br />

THE SUIT MAGAZINE p.47


EARLY IDENTIFICATION OF LD AND ADHD IS CRITICAL<br />

The U.S. Department of Health and Human Services reports that 4.9<br />

million children, ages 3-17, were diagnosed with a learning disability in<br />

2012. Additionally, more than 5 million children in that same age range<br />

had attention deficit disorder (ADHD), with boys almost three times as<br />

likely as girls <strong>to</strong> be diagnosed as having it.<br />

Ronald Cantwell, M.D., who is board certified in neuro-developmental<br />

pediatrics, has made the study<br />

of children with Learning Disabilities and ADHD<br />

his life’s work. He is an innova<strong>to</strong>r in diagnostic testing, as<br />

evidenced by the recent launch of the Children’s Diagnostic<br />

Learning Tests. These are two assessment<br />

<strong>to</strong>ols created by Cantwell,<br />

whose goal was <strong>to</strong> design simple,<br />

research-based tests that preferably<br />

did not need <strong>to</strong> be administered by a<br />

psychologist. The tests are called the<br />

Children’s Learning Disabilities Test<br />

(CLDT) and the Children’s Attention<br />

Deficit Hyperactivity Disorder Test<br />

(CADHDT).<br />

Learning Disabilities and ADHD are<br />

lifelong neurological disorders that<br />

are present from birth, according <strong>to</strong><br />

Cantwell. “They don’t go away and<br />

early treatment is essential. They are the two most common<br />

causes of children failing <strong>to</strong> read and failing <strong>to</strong> progress academically,<br />

and of those who exhibit bad spelling and especially<br />

bad writing – atrocious doc<strong>to</strong>r-style writing,” he<br />

explained.<br />

Cantwell has published many professional papers on<br />

child development, having conducted considerable research<br />

in Learning Disabilities and ADHD within Florida’s<br />

Miami-Dade County Public Schools, the fourth largest<br />

school district in the United States. “Within a school system,<br />

getting a child diagnosed with Learning Disabilities has always<br />

been a long, drawn-out process.<br />

In the meantime, the child tends <strong>to</strong> fall<br />

behind their peers and lose self-confidence.”<br />

said Cantwell. <strong>One</strong> advantage<br />

of the CLDT and CADHDT offered<br />

through the Children’s Diagnostic<br />

Learning Tests is avoiding the waiting<br />

time that can be up <strong>to</strong> a year for psychological<br />

testing.<br />

Currently, no other tests compare<br />

with the Cantwell online model, which<br />

is capable of identifying the child’s<br />

learning strengths and weaknesses as<br />

well as identifying the child’s learning<br />

style, whether it is visual or audi<strong>to</strong>ry.<br />

To find out more about the<br />

learning disabilities test visit:<br />

ChildrensLearningDisabilitiesTest.com.


y peter suciu<br />

The Business<br />

of Brightness<br />

Without the business<br />

of lighting, the world<br />

would be in a “dark<br />

age,” at least after sunset<br />

each eve¬ning. For Billy Hodges, president<br />

of Digital Fila¬ments LLC, the<br />

business of lighting is one that is equal<br />

parts science and art – and he sheds<br />

some light on why.<br />

“It is a consideration that really everyone<br />

should try <strong>to</strong> balance when<br />

they are dealing with lighting,” Hodges,<br />

who began his career as a lighting<br />

designer, <strong>to</strong>ld The Suit Mag¬azine.<br />

“While most people take lighting for<br />

granted, at the de¬sign level it involves<br />

creating that balance between the de¬sign<br />

and the visions of an architect,<br />

with lighting solutions that work in<br />

the aesthetics of a space and also fit<br />

within its technical requirements,” he<br />

said.<br />

For Digital Filaments, there is a<br />

business side of illumi¬nating which<br />

is involved as well. The firm, which<br />

serves the greater Philadelphia, southern<br />

New Jersey and eastern Pennsylvania<br />

regions, is also involved in sales<br />

and brok¬ering roles. The company<br />

now supplies packages of lights from<br />

multiple manufacturers through local<br />

wholesalers <strong>to</strong> a va¬riety of end users.<br />

Hodges launched his firm two years<br />

ago, at a time that can best be described<br />

as the modern “enlightenment” of<br />

lighting, when the century-old incandescent<br />

began <strong>to</strong> fade, becoming replaced<br />

by newer, even brighter and<br />

energy-sav¬ing technologies.<br />

It is this technology – the Light Emitting<br />

Diode (LED) – that Hodges said<br />

will shine a path <strong>to</strong> the future for his<br />

busi¬ness and beyond. LED, when<br />

paired with sophisticated, in¬telligent<br />

lighting control systems, can be<br />

utilized as “the network” collecting<br />

& distributing intelligence in a retail<br />

establishment or on a municipal level.<br />

“Lights are everywhere and when<br />

mixed with wireless control, they become<br />

more than lighting, they become<br />

infrastructure.”<br />

“The LED is becoming more affordable,<br />

more practical and is being accepted<br />

daily for projects,” he added.<br />

“At the same time the technology for<br />

lighting controls has devel¬oped <strong>to</strong> a<br />

similar point.”<br />

“The incandescent is really just a<br />

decorative heater at this point,” said<br />

Hodges, adding that his firm now represents<br />

more than 50 lighting brands,<br />

of which the vast majority are LED or<br />

LED-relat¬ed. “It’s what we do. Even<br />

our name is a play on the old incandescent<br />

filament along with the new role<br />

of digital LED lighting.”<br />

225 S. Chester Road, #7,<br />

Swarthmore, PA 19081<br />

PHONE: 215.600.2024<br />

www.digitalfilaments.com<br />

THE SUIT MAGAZINE p.49


y rodric j. bradford<br />

Commitment <strong>to</strong> Community<br />

A Passion With a Pupose<br />

Health Care financial consulting<br />

firms often get painted as cold,<br />

heartless entities that are only<br />

worried about profits for their hospital<br />

and payer clients, but not The Chappelle<br />

Group. They have found a way <strong>to</strong><br />

combine a passion for performance and<br />

operational efficiency with their industry<br />

expertise and experience <strong>to</strong> have a<br />

long-lasting, positive effect on their client’s<br />

communities they serve.<br />

Comprised of seasoned Health Care<br />

financial professionals with diverse concentrations,<br />

The Chappelle Group has<br />

three main Health Care Finance service<br />

divisions: Revenue Cycle, Audit and Reimbursement,<br />

Physician Practice. Concurrently,<br />

The Chappelle Group also<br />

administers a non-Health Care financial<br />

consulting arm which concentrates on<br />

the incubation of small businesses and a<br />

501c3 corporation that develops student<br />

learning and exposure in grades 5-12 in<br />

the areas of financial literacy and associated<br />

careers in financial areas.<br />

“At the core, no matter what field I<br />

am servicing, I am a helper – and that is<br />

what our firm does,” says Jamal Chappelle,<br />

chief executive officer, who founded<br />

the Maryland-based firm in 2001.<br />

“Helping fuels me, and it feeds our staff.<br />

All the sec<strong>to</strong>rs we work in help people<br />

– and help them find the <strong>to</strong>ols <strong>to</strong> be successful.”<br />

Providing services <strong>to</strong> government-contracted<br />

health plans, major health systems,<br />

independent community hospitals,<br />

skilled nursing facilities, community<br />

providers both hospital based and stand<br />

alone, The Chappelle Group commits <strong>to</strong><br />

exceeding client expectations by identifying<br />

critical issues and implementing<br />

cus<strong>to</strong>mized solutions <strong>to</strong> increase cash<br />

flow, efficiency, net patient revenues and<br />

<strong>to</strong> maintain regula<strong>to</strong>ry compliance.<br />

“<strong>One</strong> of our greatest success s<strong>to</strong>ries<br />

was helping an urban safety-net hospital<br />

return <strong>to</strong> profitability for the first time in<br />

20 years,” says Chappelle. “We worked<br />

<strong>to</strong>gether as a team <strong>to</strong> help pay off a $28<br />

million loan back <strong>to</strong> the municipality in<br />

nine months, that was originally due<br />

back in two and a half years. It was a<br />

huge accomplishment that speaks <strong>to</strong><br />

how well we can integrate with an existing<br />

staff <strong>to</strong> produce optimal results.”<br />

Chappelle always makes it a point <strong>to</strong><br />

collect more cash or actually save more<br />

net patient revenue than it costs <strong>to</strong> hire<br />

the firm – no matter the client.<br />

“We come in with a sense of partnership,<br />

and industry best practice expertise<br />

that yields cooperative change and<br />

ultimately desired results”.<br />

In healthcare, that partnership is based<br />

upon the firm’s expertise in revenue cycle<br />

processes, reimbursement, coding,<br />

regula<strong>to</strong>ry policy,/compliance and physician<br />

practice management. Depending<br />

on evaluations <strong>to</strong> identify issues reducing<br />

cash flow, the firm uses these evaluations<br />

and interviews in conjunction with<br />

their expertise on both the provider and<br />

payer side of the healthcare reimbursement<br />

spectrum <strong>to</strong> actively capture and<br />

recover net patient revenue.<br />

“<strong>One</strong> hundred percent of our frontline<br />

billers and collec<strong>to</strong>rs are certified<br />

revenue cycle consultants – something<br />

that our competi<strong>to</strong>rs do not offer,” says<br />

Chappelle. “This level of experience<br />

allows us <strong>to</strong> create cus<strong>to</strong>mized solutions<br />

for contract management, recovery<br />

and collections, as well as<br />

audit and compliance.”<br />

Chappelle’s solutions go far beyond<br />

the corporate boardroom.<br />

The Chappelle Group’s 501(c)3<br />

nonprofit group – The Talented<br />

10 – helps students increase financial<br />

literacy, beginning in fifth<br />

grade and continuing throughout<br />

their high school careers, with a comprehensive<br />

reading, writing, analytical<br />

thinking and mathematical<br />

computation program designed<br />

<strong>to</strong> introduce students <strong>to</strong> the U.S. securities<br />

market.<br />

“We teach children <strong>to</strong> invest in what<br />

they like so that they can become shareholders<br />

or owners instead of just being<br />

consumers,” Chappelle related. “For a<br />

group of people who do not feel like they<br />

are part of the process, this is very liberating<br />

and makes them want <strong>to</strong> continue<br />

their education <strong>to</strong> enhance those skills.<br />

We have always believed that if we reach<br />

the children, their parents will follow –<br />

and they have. We are able <strong>to</strong> serve the<br />

needs of the greater good, along with<br />

serving our clients’ bot<strong>to</strong>m lines.”<br />

Maryland Trade Center <strong>One</strong><br />

7500 Greenway Center Drive,<br />

Suite 910<br />

Greenbelt, Maryland 20770<br />

P. 301.220.3255<br />

www.thechappellegroup.com<br />

THE SUIT MAGAZINE - NOV 2014


y peter suciu<br />

A STRAIGHTLINE PATH<br />

For those planning for retirement<br />

<strong>to</strong>day, there can be a lot of jargon<br />

flying around that is often<br />

more confusing than informative.<br />

For Bethany W. Mosshart,<br />

CEO of the Troy, Mich. firm StraightLine,<br />

it’s all about guiding clients based on<br />

what is right for them, rather<br />

than just following the old<br />

school investing models.<br />

“We are a true fiduciary –<br />

and we take that responsibility<br />

very seriously,” Mosshart<br />

<strong>to</strong>ld The Suit. StraightLine<br />

works with employers of<br />

all sizes, public and private,<br />

providing account management<br />

for employees regardless<br />

of their account size.<br />

The service doesn’t cost employers<br />

anything but a small<br />

bit OF time for meetings and<br />

it provides an essential benefit<br />

<strong>to</strong> their people.<br />

The firm’s founders and<br />

principals came from the<br />

commission-based brokerage<br />

industry and all saw<br />

the inherent problems of<br />

traditional financial services<br />

<strong>to</strong> Retirement<br />

firms. They began StraightLine by managing<br />

401K accounts for corporate clients<br />

and individuals.<br />

Mosshart has been the CEO since the<br />

firm’s founding in 2002. She has been<br />

responsible for client service and retention,<br />

while acting as a liaison between<br />

clients and their plan providers. With a<br />

background in education, Mosshart<br />

helped steer the firm <strong>to</strong>ward<br />

working with companies<br />

<strong>to</strong> provide account management<br />

and participant<br />

education,<br />

where she saw an<br />

opportunity for<br />

the firm’s services.<br />

This is<br />

now the area of<br />

concentration<br />

for new business<br />

development.<br />

In the process,<br />

Straight-<br />

Line helps all of its clients prepare for<br />

retirement. Mosshart stressed that, while<br />

there is a wealth of information for those<br />

who want it, most individuals don’t even<br />

care how the system works. They just<br />

want <strong>to</strong> know that someone is helping<br />

them make informed decisions as they<br />

work their way <strong>to</strong>ward a solid<br />

financial future.<br />

“We strive <strong>to</strong> make sure<br />

we understand the client’s<br />

risk profile: How close they<br />

are <strong>to</strong> retirement; how soon<br />

they expect <strong>to</strong> use their money;<br />

their personal attitudes<br />

about risk and reward, and<br />

the tradeoff between those<br />

two,” Mosshart explained.<br />

“We make a concerted effort<br />

<strong>to</strong> get the client in<strong>to</strong> the risk<br />

model that is appropriate<br />

for them. If it is someone in<br />

their 30s, they are generally<br />

invested differently from<br />

someone in their late 50s.”<br />

This has also become increasingly<br />

important as individuals<br />

are living longer and<br />

need their money <strong>to</strong> go the<br />

distance for them. Mosshart<br />

said that StraightLine strives<br />

<strong>to</strong> reinforce the good habits of clients regarding<br />

savings – <strong>to</strong> start early and <strong>to</strong><br />

save as much as they possibly can.<br />

“They need <strong>to</strong> get in the habit of saving<br />

more, because people are requiring their<br />

money <strong>to</strong> last longer,” she said, while<br />

noting that the status of social security<br />

remains in doubt for many younger<br />

people. “Having that uncertainly about<br />

social security makes personal investing<br />

and personal retirement planning all the<br />

more important,” Mosshart stressed.<br />

StraightLine<br />

165 Kirts Blvd., Suite 100<br />

Troy, MI 48084<br />

248.269.8366<br />

www.straightline.com<br />

THE SUIT MAGAZINE p.51


y enid burns<br />

THE CORNERSTONES OF<br />

Honesty, Loyalty and Putting Information Together in <strong>One</strong> Place<br />

As the only female principal at<br />

California Financial Advisors,<br />

Michelle Perry Higgins doesn’t mind<br />

because she is one of the driving forces<br />

behind the success of the San Ramon-based<br />

firm. The firm has over<br />

$975 million in assets under management<br />

specializing in financial<br />

planning and money management.<br />

Higgins, along with her colleagues,<br />

continues <strong>to</strong> demonstrate a dedication<br />

<strong>to</strong> their clients, by investing time<br />

<strong>to</strong> learn their client’s employee benefit<br />

plans as well as the special needs of<br />

each and every client.<br />

Higgins is the author of two bestselling<br />

titles: “The Everything Binder:<br />

Financial, Estate and Personal Affairs<br />

Organizer” and “S<strong>to</strong>cks, Bonds & Soccer<br />

Moms: 7 Steps <strong>to</strong> a Balanced Life.”<br />

She has also pushed the boundaries<br />

for her practice via a strong social<br />

media presence. Utilizing Facebook,<br />

Twitter and LinkedIn, along with other<br />

social media platforms, she communicates<br />

and stays connected with<br />

clients and other industry advisors.<br />

Whether Higgins is connecting<br />

through social media, making direct<br />

contact in person or on the phone<br />

with clients, she does, however, expect<br />

honesty and loyalty from those<br />

clients <strong>to</strong> whom she offers her services.<br />

“Two absolutely essential qualities<br />

that I look at when I am interviewing<br />

a client – and I hope they are looking<br />

for those same things in me – are honesty<br />

and loyalty,” Higgins <strong>to</strong>ld The<br />

Suit in an interview. “When a client<br />

is upfront and honest with me I am<br />

able <strong>to</strong> see their complete financial<br />

picture. They need <strong>to</strong> disclose all their<br />

debt, their dreams in<strong>to</strong> retirement<br />

and things that may absolutely terrify<br />

them with the s<strong>to</strong>ck market. None of<br />

that can be sugar coated or hidden.”<br />

“Loyalty is important because financial<br />

planning stretches over years<br />

and decades,” she added. “I want <strong>to</strong><br />

be managing my client’s funds until<br />

the day they die.”<br />

“When I reference the loyalty part –<br />

it’s easy <strong>to</strong> be loyal during really good<br />

times in the s<strong>to</strong>ck market cycles – but<br />

also in the downside, when times are<br />

really <strong>to</strong>ugh, like in 2008. We want<br />

our clients <strong>to</strong> be loyal during those<br />

times also.”<br />

Those attributes are not just part of<br />

Higgins’ practice, but are practiced<br />

by all of the California Financial Advisors.<br />

“Our firm really prides itself<br />

on being upfront, honest and loyal<br />

with clients. We’ve been around for<br />

a long time. Our longevity and very<br />

THE SUIT MAGAZINE - NOV 2014


low turnover ratio proves a strong<br />

commitment <strong>to</strong> our client base,” said<br />

Higgins.<br />

That commitment also means doing<br />

extra work <strong>to</strong> learn what employee<br />

benefits a client has or might need<br />

<strong>to</strong> access. In one case, Higgins spent a<br />

significant amount of time learning in<br />

depth about the benefit plans of two<br />

companies: AT&T and Chevron.<br />

When an executive or manager from<br />

either of those companies came in for<br />

an initial appointment, “They didn’t<br />

have <strong>to</strong> explain <strong>to</strong> me their pension<br />

plan, their 401(k), s<strong>to</strong>ck options and<br />

deferred compensation. I knew it. So it<br />

<strong>to</strong>ok a lot of the stress off them,” Higgins<br />

remarked. “I had the knowledge<br />

– and in exchange, what happened was<br />

that I received countless referrals over<br />

the last few decades. That was a huge<br />

success for my investment of time in<strong>to</strong><br />

the AT&T and Chevron markets, and<br />

I am forever thankful for the referrals<br />

that continue <strong>to</strong> come from these employees.”<br />

Whether a new client is from AT&T<br />

or from a smaller company not familiar<br />

<strong>to</strong> the firm, Higgins stresses<br />

the importance of safety nets that can<br />

help support clients through difficult<br />

s<strong>to</strong>ck market corrections such as the<br />

one experienced in 2008. Higgins believes<br />

in what she calls a “defensive<br />

barrier,” which is the fixed income<br />

portion (bonds and cash) of a portfolio<br />

taking on no s<strong>to</strong>ck market risk. This<br />

defensive barrier helps <strong>to</strong> reduce the<br />

panic or selling spree that may occur<br />

during steep corrections. “My clients<br />

know they have this cushion in place<br />

<strong>to</strong> weather the s<strong>to</strong>rm. Some clients<br />

prefer 7 years in their defensive barriers,<br />

while others want 20 years. That<br />

defensive barrier is a very important<br />

component of how I put clients’ plans<br />

<strong>to</strong>gether,” she said.<br />

Another way Higgins works with<br />

clients <strong>to</strong> help them be prepared is <strong>to</strong><br />

pull all relevant information in<strong>to</strong> one<br />

place. This is why she created “The<br />

Everything Binder.” It is an organizer<br />

Books By Michelle<br />

<strong>to</strong> help her clients gather all of their<br />

information in one safe place for their<br />

loved ones.<br />

“You could have an estate plan done<br />

– but where’s your jewelry and cash<br />

hidden in the home? How much are<br />

your collectibles worth? What’s the<br />

safe code? What’s this stuff in the cloud<br />

– you don’t have the password,” she<br />

offered by way of example. Although<br />

that ounce of planning and putting<br />

<strong>to</strong>gether important information about<br />

belongings goes well beyond financial<br />

planning, it helps clients get more value<br />

from their financial plans. It also ensures<br />

that surviving spouses and family<br />

members are not lost when it comes<br />

<strong>to</strong> locating and recovering assets.<br />

“So that – hands down – continues<br />

<strong>to</strong> be one of my greatest concerns in<br />

planning for the future,” Higgins said<br />

emphatically, “It’s making sure that in<br />

addition <strong>to</strong> estate planning, that people<br />

are documenting and organizing<br />

everything in one location for the people<br />

they love.”<br />

S<strong>to</strong>cks, Bonds & Soccer Moms: 7 Steps <strong>to</strong> a Balanced Life<br />

Women these days have been raised <strong>to</strong> believe they can have it all. And they can – if they<br />

can learn <strong>to</strong> find balance, both inner and outer.<br />

Michelle Perry Higgins had a fabulous marriage, a healthy child, a mega-powered career,<br />

and enough stress and imbalance <strong>to</strong> almost ruin everything.<br />

In this Amazon best-seller, Michelle reveals the seven steps she <strong>to</strong>ok <strong>to</strong> bring herself and<br />

her life back in<strong>to</strong> balance.<br />

Each chapter in the book reveals one of the steps <strong>to</strong> balance in detail, along with practical<br />

tips and suggestions, and clear, heartfelt advice. The results:<br />

A happier, healthier, more confident you!<br />

The Everything Binder: Financial, Estate, and Personal Affairs Organizer<br />

The Everything Binder is the essential all-in-one s<strong>to</strong>rage system<br />

for all your most important information, including:<br />

*Pre & Post-Death Checklists<br />

*Medical His<strong>to</strong>ry<br />

*Important Contacts<br />

*Insurance<br />

*Document Originals & Copies<br />

*Funeral Arrangements<br />

www.michelleperryhiggins.com<br />

*Personal Property<br />

*Retirement & Investments<br />

*Debt<br />

*And much more!<br />

*Income & Cash Equivalents<br />

*Pet Information<br />

THE SUIT MAGAZINE p.53


y mary minor davis<br />

Offsetting the Traditional<br />

“Four Percent Rule”<br />

Mike Philbrick, CIM®, AIFP®,<br />

Senior Vice President<br />

and Portfolio Manager<br />

To ensure that financial planning truly<br />

addresses <strong>to</strong>day’s retirement needs,<br />

some wealth managers are rethinking<br />

the traditional “4 percent rule” in favor of<br />

greater portfolio diversification <strong>to</strong> address<br />

how they can prepare for their clients’ longterm<br />

needs, given <strong>to</strong>day’s challenging market<br />

conditions.<br />

Mike Philbrick, CIM®, AIFP®, is a Senior<br />

Vice President and Portfolio Manager at Butler,<br />

Philbrick, Gordillo & Associates Group,<br />

an affiliate within Dundee Goodman’s Private<br />

Wealth division. He shared some thoughts<br />

with The Suit Magazine on his team’s approach<br />

<strong>to</strong> managing the contemporary retirement<br />

conundrum.<br />

The 4 percent rule was devised in the 1990s<br />

by California financial planner William Bengen<br />

and later refined by other retirement-planning<br />

academics. Bengen analyzed his<strong>to</strong>rical<br />

returns of s<strong>to</strong>cks and bonds, and found that<br />

portfolios with 60 percent of their holdings in<br />

large-company s<strong>to</strong>cks and 40 percent in intermediate-term<br />

U.S. bonds could sustain withdrawal<br />

rates starting at 4.15 percent, adjusted<br />

each year for inflation, for every 30-year span<br />

going back <strong>to</strong> 1926.<br />

However, Philbrick, in quoting from a recent<br />

article published by Wayde Pfau, a professor<br />

of retirement income at the American<br />

College for Financial Services, said there is<br />

strong evidence that the rule no longer applies<br />

in <strong>to</strong>day’s market conditions.<br />

For example, people with portfolios expecting<br />

<strong>to</strong> draw 4 percent in retirement forever<br />

with a high level of confidence – without<br />

regard for market regime – haven’t fac<strong>to</strong>red<br />

in that long-term rates are yielding his<strong>to</strong>rical<br />

low returns of between 2 1/2 <strong>to</strong> 3 percent. At<br />

the same time, the US s<strong>to</strong>ck market is near alltime<br />

high levels of valuation. . “When these<br />

two fac<strong>to</strong>rs co-exist, a financial plan that’s<br />

based on the well-accepted 4 percent rule<br />

has about a 57 percent failure rate,” Philbrick<br />

quoted from Pfau’s analysis.<br />

“What this means is, that if people are planning<br />

retirement using traditional portfolio<br />

management techniques, they may be go<br />

THE SUIT MAGAZINE - NOV 2014


ing in<strong>to</strong> the current situation<br />

thinking that they have a high<br />

degree of certainty, when the<br />

fact is, they don’t,” Philbrick<br />

added.<br />

“Traditional portfolio management<br />

techniques are based<br />

on flawed assumptions and<br />

behavioral traps that invalidate<br />

widely used planning<br />

<strong>to</strong>ols, and the lessons from<br />

Wade’s article highlight one<br />

example of how this can put<br />

retirement dreams in jeopardy,”<br />

he concluded.<br />

It is precisely this type of<br />

research and hard evidence<br />

tracking that, according <strong>to</strong><br />

Philbrick, is what sets his team<br />

apart for clients, who range<br />

from non-pensioned professionals<br />

needing an income<br />

stream <strong>to</strong> maintain an accus<strong>to</strong>med<br />

lifestyle, <strong>to</strong> more<br />

sophisticated wealthy<br />

families looking for asymmetric<br />

returns, as well as<br />

small- <strong>to</strong> mid-sized endowment<br />

funds. The firm<br />

also works with advisors<br />

who rely on their expertise.<br />

Basing their assumptions<br />

on evidence as opposed<br />

<strong>to</strong> theory, as well<br />

as systematic investment<br />

programs and proprietary retirement<br />

planning techniques adopted<br />

from the pension industry,<br />

Philbrick said, “We tell clients the<br />

truth even if it’s hard <strong>to</strong> hear. I<br />

think this allows clients <strong>to</strong> build<br />

thoughtful plans based on solid<br />

foundations. This is one of the<br />

key advantages we have as both a<br />

group and a firm.”<br />

Gestalt Architecture is a process designed<br />

by Philbrick’s team <strong>to</strong> avoid<br />

behavioral traps that people fall in<strong>to</strong><br />

when it comes <strong>to</strong> long-term financial<br />

planning. The approach has four legs,<br />

including a long-term investment<br />

policy informed by true fiduciary<br />

standards; a disciplined investment<br />

process for delivering strong, stable<br />

returns in most markets; use of advanced<br />

retirement technology; and<br />

providing strong cus<strong>to</strong>mer service<br />

that includes regular contact, transparency<br />

and ongoing education.<br />

“The key <strong>to</strong> achieving Gestalt success<br />

is diversification,” Philbrick explained.<br />

While there was a subtle<br />

shift away from the traditional goal<br />

of achieving returns higher than the<br />

index after the 2008 Global Financial<br />

Crisis, as the S&P has soared higher,<br />

inves<strong>to</strong>rs have re-embraced their traditional<br />

performance chasing roots.<br />

As strong returns have boosted confidence<br />

in s<strong>to</strong>cks, these same inves<strong>to</strong>rs<br />

have move <strong>to</strong> ever more concentrated<br />

equity allocations. Apparently inves<strong>to</strong>rs<br />

have short memories about how<br />

this s<strong>to</strong>ry always ends.<br />

Quoting Peter Bernstein, Philbrick<br />

“Diversification is an explicit<br />

recognition of our ignorance.’<br />

We don’t know what’s going<br />

<strong>to</strong> happen. You should own<br />

a number of different assets.<br />

Having many s<strong>to</strong>cks, even<br />

from different countries,<br />

doesn’t diversify you,” he<br />

added. “Having a portfolio<br />

that includes s<strong>to</strong>cks and real<br />

estate, US Treasuries, gold,<br />

commodities – that will get you<br />

a lot closer.”<br />

said,<br />

Philbrick said that despite the market<br />

volatility over the last 15 years,<br />

he is surprised <strong>to</strong> see people are still<br />

selecting managers based on recent<br />

performance. He noted that selecting<br />

managers on the basis of performance<br />

over the past 3 <strong>to</strong> 5 years is “ a<br />

near-perfect recipe for substantial longterm<br />

under-performance,”<br />

He suggested that active management<br />

is almost entirely explained by<br />

three fac<strong>to</strong>rs: seeking value, seeking<br />

momentum and lowering volatility.<br />

“An advisor should be able <strong>to</strong> explain<br />

how he or she is leveraging these fac<strong>to</strong>rs.”<br />

These are the realities that Philbrick<br />

and his team seek <strong>to</strong> bring <strong>to</strong> their clients<br />

when looking at long-term retirement.<br />

He said the most important<br />

concept in wealth management is that<br />

risk is measured as the probability that<br />

clients won’t meet their financial goals.<br />

Investing should have the exclusive objective<br />

of minimizing that risk.<br />

“Most prospective clients that we<br />

meet with don’t understand the sequence<br />

of return risk,” he said. “The<br />

five years right before retirement and<br />

the five years after retirement – how<br />

you do in that 10-year period is a<br />

strong indica<strong>to</strong>r of how you will do<br />

over your entire retirement. It’s volatility<br />

risk that threatens their portfolios,<br />

and thus their long-term financial<br />

outcomes. For many people,<br />

it’s better <strong>to</strong> get 7% in a lower volatility<br />

portfolio than 9% in a higher<br />

volatility portfolio when you start <strong>to</strong><br />

make withdrawals.”<br />

Philbrick added that this lack of<br />

understanding can undermine clients’<br />

long-term goals. Once you educate<br />

inves<strong>to</strong>rs on the types of issues<br />

that they should focus on, it's<br />

easier <strong>to</strong> help them recognize and<br />

address those risks along the way.<br />

“We take the management of risk<br />

very, very seriously.”<br />

1 Adelaide Street East<br />

Suite 2100<br />

Toron<strong>to</strong>, ON M5C 2V9<br />

Telephone: 416.350.3388<br />

www.dundeegoodmanprivatewealth.com<br />

BUTLER | PHILBRICK | GORDILLO & ASSOCIATES<br />

THE SUIT MAGAZINE p.55


y gerald h. levin<br />

Shifting Markets Demand Capability<br />

of Taking Defensive Positions<br />

Lessons from the 2008 economic meltdown have<br />

stuck with Leo Gotleib, owner of Gotleib & Associates,<br />

a financial-planning firm headquartered<br />

in New Jersey. Industry professionals traditionally used<br />

a buy-and-hold strategy, believing “what goes down<br />

eventually comes back up,” Gotleib said. “In 2008, we<br />

learned that doesn’t necessarily work.” Instead, his response<br />

was <strong>to</strong> adopt a more proactive style of management.<br />

In addition <strong>to</strong> implementing quarterly reviews<br />

of client portfolios, his firm partnered with a technology<br />

company <strong>to</strong> develop its own<br />

Dynamic Asset Allocation system.<br />

This system – which steadily analyzes<br />

the performance of market<br />

sec<strong>to</strong>rs – allows Gotleib <strong>to</strong> take defensive<br />

positions in declining markets<br />

and quickly re-allocate client<br />

resources <strong>to</strong> safer investments.<br />

The firm operates in three niche<br />

markets, an approach that Gotleib<br />

has long favored. Its primary market<br />

has been in managing retirements<br />

of telecommunication employees<br />

in New Jersey, Manhattan and<br />

southeastern Pennsylvania. Gotleib<br />

conducts educational workshops<br />

and markets retirement-planning<br />

services directly <strong>to</strong> telecomm employees<br />

and not through a contract<br />

with specific companies. He recognized<br />

an emerging opportunity<br />

as telecomm companies continued<br />

<strong>to</strong> offer retirement incentives <strong>to</strong> its<br />

employees wishing <strong>to</strong> replace them<br />

with updated technology.<br />

“Telecomm retirees are typically<br />

in their mid-fifties, making it essential<br />

they stay disciplined in their investment<br />

strategies,” Gotleib said.<br />

“They can take a very reasonable<br />

distribution, where the probability<br />

is high for obtaining a return that is greater than the distribution.”<br />

A second niche involves working with CPAs across<br />

the country <strong>to</strong> provide advanced tax planning for their<br />

high-net-worth clients. The firm’s third niche market<br />

is offering comprehensive financial planning services<br />

through which it counsels physicians about what they<br />

must do for a successful retirement. Gotleib plans <strong>to</strong> increase<br />

activity in this sec<strong>to</strong>r of his business.<br />

A major concern for retirement professionals <strong>to</strong>day,<br />

Gotleib noted, “Is that <strong>to</strong>o many people focus on fees,<br />

not on the benefit of establishing a relationship with a<br />

financial planner.” He said that the popularity of online<br />

services, make it easy for people <strong>to</strong> conduct transactions<br />

themselves. “In an up market, they<br />

get a little bit of success and they<br />

quickly forget about when the market<br />

crashed in 2008.” When he was<br />

18, Gotleib acquired an insurance<br />

license at the urging of his father,<br />

an insurance professional. After<br />

graduating in 1984 from Monmouth<br />

University in New Jersey,<br />

he began a career in financial planning,<br />

while employed at John Hancock<br />

Financial Services. His manager<br />

was opening an independent<br />

financial planning firm and encouraged<br />

Gotleib <strong>to</strong> join him. In 1989, he<br />

began his own firm.<br />

“Financial planning was the new<br />

buzzword then, however it was not<br />

really defined,” Gotleib said. “In<br />

many situations, it was a fancier<br />

way of selling insurance.”<br />

In speaking of his clients now,<br />

Gotleib emphasized, “The goal is<br />

not <strong>to</strong> double their investment, the<br />

goal is <strong>to</strong> make sure they don’t run<br />

out of money.”<br />

1120 Route 73, Suite 305<br />

Mount Laurel, NJ 08054<br />

www.invest2retire.com<br />

THE SUIT MAGAZINE p.57


y peter suciu<br />

WEALTH:<br />

It's More than Just Money<br />

While many financial advisors<br />

focus their investment<br />

strategies on s<strong>to</strong>cks,<br />

bonds and other types of<br />

investment products, Dryden and Laila<br />

Pence have long believed there is an<br />

entire world of opportunities available<br />

<strong>to</strong> those looking beyond having the<br />

wealth needed <strong>to</strong> retire.<br />

This core understanding – that<br />

wealth is more than just the money<br />

alone – is the principal on which their<br />

firm is founded and serves as the basis<br />

of how they help guide their clients<br />

<strong>to</strong>day. “It's Pence Wealth Management<br />

and not Pence Retirement Management,”<br />

explained co-principal Dryden<br />

Pence. “This is really about planning<br />

for your dreams.”<br />

Founded in 1980 in Southern California,<br />

the firm has grown <strong>to</strong> include<br />

three California branches with a fourth<br />

in Michigan, and was built around asking<br />

the fundamental question of wealth<br />

and making it work for their clients.<br />

“We define wealth as having the time<br />

and the resources <strong>to</strong> do what matters <strong>to</strong><br />

you the most when you want <strong>to</strong> do it,”<br />

Dryden Pence <strong>to</strong>ld The Suit. “That is far<br />

more than just retirement.”<br />

“It's not the money, but what money<br />

provides,” added Laila Pence. She has<br />

been named by Barron's Magazine as<br />

one of the <strong>to</strong>p financial advisors in the<br />

nation 1 .<br />

In fact, while the firm is headed by<br />

its married partners, the partnership itself<br />

was very much a marriage of skills<br />

as well. Laila already had expertise<br />

in financial planning, while Dryden<br />

brought his 20 years of experience in<br />

investment banking. The resulting<br />

creation was a successful firm built<br />

around those core elements that are<br />

key <strong>to</strong> maintaining their clients' wealth.<br />

Over time, Pence Wealth Management<br />

grew <strong>to</strong> include a service as well as a<br />

marketing team, and <strong>to</strong>day the company<br />

consists of 26 team members, including<br />

eight advisors and even a PhD<br />

in economics. In 2014 the Financial<br />

Times has named Pence Wealth Management<br />

as one of the TOP 300 Registered<br />

Investment Advisors firm in the<br />

country 2 .<br />

“Being able <strong>to</strong> grow quickly and<br />

having everyone play their fastball has<br />

worked very well for us,” Dryden said<br />

proudly. “That is where we are <strong>to</strong>day.”<br />

What the firm does <strong>to</strong>day is <strong>to</strong> help<br />

clients prepare now for <strong>to</strong>morrow – yet<br />

this isn't limited <strong>to</strong> simply planning for<br />

retirement. “Many times people come<br />

in, and they really want <strong>to</strong> be able <strong>to</strong><br />

provide for their children's education,<br />

for their grandchildren's education.<br />

They want <strong>to</strong> provide a legacy,” Laila<br />

explained. “As they get older it is far<br />

more than just retirement. It becomes<br />

providing for the people you love,<br />

whether it is also helping their children<br />

buy a home or leaving a legacy<br />

that transfers not just wealth but values<br />

as well.”<br />

As a result, many of the clients of<br />

Pence Wealth Management are people<br />

who are already comfortable, but still<br />

THE SUIT MAGAZINE - NOV 2014


the economic downturn of 2008-09.<br />

Dryden said that he helped guide clients<br />

through it by using rather than<br />

fearing the markets.<br />

“It was about taking advantage of the<br />

volatility,” he explained. “A portfolio<br />

should aim <strong>to</strong> generate cash flow, or<br />

‘dry powder’ <strong>to</strong> take advantage of those<br />

moments. Don't you hate it when something<br />

goes on sale but you don't have<br />

the money <strong>to</strong> buy it?”<br />

In this regard, Dryden said the fact<br />

that cash flows trump volatility is a<br />

key point that inves<strong>to</strong>rs, including his<br />

clients, need <strong>to</strong> understand. This point,<br />

which he unders<strong>to</strong>od during his years<br />

in investment banking, is truly one of<br />

turning a bad situation in<strong>to</strong> an opportunity.<br />

He added, “It has worked very well<br />

for us through the Great Recession of<br />

2008/2009 and beyond.”<br />

want <strong>to</strong> ensure that the money they<br />

have will last for the rest of their lives,<br />

and will also be able <strong>to</strong> help their loved<br />

ones.<br />

“This is about being comfortable with<br />

their wealth – and confident that their<br />

wealth will be there <strong>to</strong> do those things<br />

that matter the most,” said Dryden. “It<br />

is more than just the dollars you need<br />

for retirement but the wealth you may<br />

need for the rest of your life, and defining<br />

with people what they want <strong>to</strong> do<br />

with that wealth.”<br />

Pence Wealth Management truly<br />

lives by its mot<strong>to</strong> of “planning for your<br />

dreams,” and the Pences <strong>to</strong>ld The Suit<br />

that their clients had some pretty big<br />

dreams that they want <strong>to</strong> see fulfilled.<br />

<strong>One</strong> wanted <strong>to</strong> build churches for his<br />

community, while others have wanted<br />

buildings named after them.<br />

“We have had many clients who<br />

wanted <strong>to</strong> do things for others. It truly<br />

is much, much more than just retirement,”<br />

said Laila, adding, “We each<br />

have a servant's heart. We are here <strong>to</strong><br />

serve our clients. The goal is for the<br />

company <strong>to</strong> scale the business and<br />

continue <strong>to</strong> make a big difference in<br />

the lives of our clients.”<br />

While the Pences are there <strong>to</strong> help<br />

make those dreams come true, they<br />

said that it isn't all that uncommon<br />

<strong>to</strong> find clients who don't know what<br />

they want. This is why every potential<br />

new client is given a test, so that<br />

their inves<strong>to</strong>r psychology can be better<br />

unders<strong>to</strong>od. Doing this helps not<br />

only determine that the inves<strong>to</strong>rs have<br />

realistic expectations, but also whether<br />

they are the right clients for Pence<br />

Wealth Management.<br />

Meeting those expectations – and<br />

the dreams that come with them – became<br />

increasingly difficult following<br />

Laila Pence & E. Dryden Pence III are<br />

Registered Principals with LPL Financial.<br />

Securities and Advisory Services<br />

offered through LPL Financial, a Registered<br />

Investment Advisor. Member<br />

FINRA/SIPC.<br />

1 2014 Barron’s rankings are based on<br />

assets under management, revenue<br />

generated for advisors’ firms, quality of<br />

practices, and other fac<strong>to</strong>rs.<br />

2 2014 Financial Times list is based on<br />

six broad fac<strong>to</strong>rs and calculates a numerical<br />

score for each adviser. Areas for<br />

consideration include adviser’s AUM,<br />

asset growth, years of experience, industry<br />

certification, FINRA compliance<br />

record and online accessibility.<br />

Newport Beach Location<br />

5000 Birch Street, Ste 8000<br />

Newport Beach, CA 92660<br />

www.pencewealthmanagement.com<br />

THE SUIT MAGAZINE p.59


y by annise anise celano<br />

DJK CONSULTING, LLC<br />

Making a Strong Case<br />

An expert witness views financial disputes<br />

Professionals on Wall Street aren’t<br />

dealing with Monopoly money<br />

– and neither are the increasing<br />

numbers of Americans seeking financial<br />

advisement. That’s why difficult<br />

clashes over financial services continue<br />

<strong>to</strong> surface <strong>to</strong>day on the playing<br />

field of the courtroom. Although the<br />

call <strong>to</strong> set a fiduciary standard in the<br />

entire financial services industry has<br />

never been higher, such standards are<br />

still light years away from being realized.<br />

When legal issues and<br />

disputes do emerge, it is reassuring<br />

<strong>to</strong> know that there<br />

are still watchdog resources<br />

available in the form of expert<br />

witnesses.<br />

“You really have <strong>to</strong> not<br />

have thin skin,” said David<br />

J. Keogh, expert witness and<br />

president of DJK Consulting<br />

LLC.<br />

According <strong>to</strong> Keogh, <strong>to</strong> be<br />

a strong expert witness, you<br />

must believe in your client’s<br />

at<strong>to</strong>rney, as well as have the<br />

utmost confidence in your own expertise.<br />

Though the process of cross-examination<br />

can truly be trying, he assured<br />

The Suit that it’s a matter of trust, professionalism<br />

and not taking things <strong>to</strong>o<br />

personally.<br />

Keogh, who is also the Direc<strong>to</strong>r of<br />

Compliance for LifeMark Securities<br />

Corporation, has 30 years of experience<br />

in the securities industry that<br />

forms his opinion when testifying.<br />

Drawing from his sales supervisory<br />

background, Keogh said that he tries<br />

<strong>to</strong> weave his testimonies <strong>to</strong>gether with<br />

real-life experience, although he notes<br />

that securities supervision – even under<br />

existing rules – cannot necessarily<br />

be seen in just black and white. “An<br />

effective supervisor … needs <strong>to</strong> understand<br />

that where there is smoke, there<br />

is fire – and look for the fire,” said Keogh.<br />

But before he agrees <strong>to</strong> be engaged in<br />

a new client matter, it is Keogh’s procedure<br />

<strong>to</strong> honestly assess everything surrounding<br />

the situation. Keogh notes<br />

that for him, personal accountability is<br />

a huge fac<strong>to</strong>r in the potential for opening<br />

a new case – and not every case is<br />

a valid one.<br />

“Just because you lost money in the<br />

s<strong>to</strong>ck market doesn’t necessarily mean<br />

that something was done wrong,”<br />

Keogh insisted. “People have <strong>to</strong> look<br />

at the particulars and understand if<br />

what happened <strong>to</strong> them was as a result<br />

of somebody doing something that<br />

should have been prevented,” he said.<br />

On the other hand, Keogh’s advice<br />

<strong>to</strong> those seeking a securities expert<br />

witness stems from the patterns he has<br />

noticed in the system over the years.<br />

“Even if they award a case in favor<br />

of the client, often it’s not going <strong>to</strong> be<br />

a hundred cents on the dollar,” Keogh<br />

said, as one example.<br />

He advised that potential clients<br />

must understand the specific rules<br />

and regulations that apply <strong>to</strong> their<br />

cases before engaging his professional<br />

services. They should also<br />

be fully committed <strong>to</strong> the costs<br />

involved in the entire process,<br />

and be willing <strong>to</strong> live with a<br />

potentially unfavorable outcome<br />

afterward.<br />

However, Keogh recalled<br />

two great career successes in<br />

which his clients did receive<br />

full awards, including at<strong>to</strong>rney<br />

fees, expert fees and costs. He<br />

explained that this is somewhat<br />

rare in the industry, and<br />

was a testament <strong>to</strong> his experience<br />

and philosophies as an<br />

expert witness.<br />

But it’s not just about money for him.<br />

Keogh emphasized how rewarding it<br />

is <strong>to</strong> see how, through his efforts, deeply<br />

affected lives could be res<strong>to</strong>red.<br />

For more information on David J.<br />

Keogh and DJK Consulting LLC, visit<br />

www.djkconsult.net.<br />

235 Route 22 East, 1st Floor<br />

Green Brook, NJ, 08812<br />

1-732-968-8787<br />

www.djkconsult.net<br />

THE SUIT MAGAZINE - NOV 2014


y dan harvey<br />

Thinking the UNTHINKABLE:<br />

envisioning “What Ifs?”<br />

Gary Crisci, AAMS,<br />

ADPA, CRPC, is<br />

one of the new breed<br />

of investment advisors:<br />

those who have<br />

moved away from<br />

large firms controlled<br />

by banks and in<strong>to</strong><br />

full-service independent practice. Crisci,<br />

who heads the Naples, Fla.-based<br />

Crisci Private Wealth Management,<br />

helps the average inves<strong>to</strong>r better comprehend<br />

the complexities of wealth<br />

management – such as asset growth<br />

and protection – and how the most appropriate<br />

investment strategies relate<br />

<strong>to</strong> their specific financial concerns and<br />

upcoming life passages.<br />

Often, this means confronting issues<br />

no one likes <strong>to</strong> consider.<br />

<strong>One</strong> of his firm’s main investment<br />

strategies is making sure that clients are<br />

as financially secure in retirement as<br />

they were during their working years.<br />

But age-related roadblocks can scuttle<br />

that security. People are living longer<br />

ever since 80 became the new 60, and<br />

that changed the game as far as cash<br />

flow, whether the client has $250,000 or<br />

$20 million.<br />

“Long-term care looms large, and<br />

that needs <strong>to</strong> be brought up early in the<br />

planning process,” says Crisci. Does the<br />

client have enough assets <strong>to</strong> self-insure<br />

for long-term care? Some do. For those<br />

who don’t, he explains long-term care<br />

insurance. “Many people think longterm<br />

care means a nursing home,” he<br />

explained. “Well, not always. Most clients<br />

suffering age-related illness want<br />

<strong>to</strong> remain at home. This means home<br />

care and the cost <strong>to</strong> cover a health-care<br />

professional coming in<strong>to</strong> their home.”<br />

Investment advisement can become<br />

tricky at this point. “An advisor needs<br />

<strong>to</strong> communicate clearly <strong>to</strong> make the client’s<br />

retirement plans stay on track,”<br />

Crisci emphasized.<br />

That’s why communication – and<br />

full disclosure – forms a big part of his<br />

firm’s strategy. “When we identify clients’<br />

goals, we then guide them in protecting<br />

and even growing their assets,”<br />

he said. “They need a financial advisor<br />

who provides ongoing communication<br />

and transparent services.”<br />

Since Crisci’s business is part of the<br />

Wells Fargo Advisors Financial Network,<br />

which includes more than 1,200<br />

independent advisors, it deploys the<br />

firm’s “Envision” process. This helps<br />

identify age-related issues involving illness<br />

and, yes – death.<br />

“With prospective clients, we use<br />

the planning <strong>to</strong>ol even before we start<br />

talking about investments,” relates Crisci.<br />

<strong>One</strong> of “Envision’s” scenarios involves<br />

“what if?”<br />

“What if your spouse passes away<br />

first,” Crisci asks. “This needs <strong>to</strong> be considered,<br />

because typically one spouse<br />

handles the investments. We educate<br />

both spouses about investment goals.<br />

And what if the spouse with the pension<br />

passes away? That could make a<br />

huge difference in income. The surviving<br />

spouse must rely on the investment<br />

portfolio.”<br />

The Envision <strong>to</strong>ol helps Crisci provide<br />

a higher level of service. Plus, his firm’s<br />

pricing is much more client friendly – a<br />

descrip<strong>to</strong>r pointing <strong>to</strong> another important<br />

element of the Crisci approach: “I<br />

choose clients who are nice people. We<br />

become friends. That leads <strong>to</strong> better relationships.”<br />

And it’s simply good business sense.<br />

“It also leads <strong>to</strong> referrals, which is a key<br />

<strong>to</strong> building a business,” Crisci said. “Referrals<br />

indicate a good reputation.”<br />

850 Park Shore Drive, Ste. 200<br />

Naples,FL 34103<br />

1-888-224-0792 1-239-919-8901<br />

www.crisciprivatewealth.com<br />

THE SUIT MAGAZINE - NOV 2014


y peter suciu<br />

Beyond<br />

Accounting<br />

As the largest independently<br />

owned and operated CPA<br />

firms in western Massachusetts,<br />

Meyers Brothers Kalicka,<br />

P.C. works with clients <strong>to</strong> help<br />

them understand which financial metrics<br />

need <strong>to</strong> be improved <strong>to</strong> strengthen<br />

their credit-worthiness. In addition, it<br />

also has an excellent reputation with<br />

the local banks, which is very beneficial<br />

<strong>to</strong> those clients seeking funding for various<br />

business needs.<br />

In this way, Meyers Brothers Kalicka,<br />

P.C. offers services that go well beyond<br />

accounting, auditing, taxation and financial<br />

planning, providing all of its clients<br />

with a proactive business strategy.<br />

The firm, with roots in the Old Colony<br />

state, was the result of a merger of two<br />

respected firms, each dating back <strong>to</strong> the<br />

1940s. For David A. Kalicka it is more<br />

than having his name on the door. He<br />

carries on a family tradition that began<br />

with his father.<br />

Today, the firm caters <strong>to</strong> financially<br />

strong family-owned businesses that<br />

are growing, as well as <strong>to</strong> businesses<br />

in the health care industry and not-forprofit<br />

organizations.<br />

“Our clients are seeking not only expertise<br />

in traditional accounting and tax<br />

services, but also an advisor who can<br />

think outside the box. We pride ourselves<br />

in bringing this business strategy<br />

<strong>to</strong> our clients,” Kalicka <strong>to</strong>ld The Suit<br />

Magazine. “Most new clients are in<br />

a position of financial strength – or at<br />

least stability – and are looking for advisors<br />

who can help them continue <strong>to</strong><br />

prosper.”<br />

This includes dealing with the IRS,<br />

an agency he acknowledged that few<br />

Americans have ever held in high regard.<br />

While Kalicka said that he has<br />

never found any of their personnel <strong>to</strong><br />

be abusive, he did agree that at the national<br />

level, it appears that certain personnel<br />

have not always acted appropriately<br />

– especially in issues that could be<br />

described as being politically motivated<br />

along partisan lines.<br />

“It is disturbing <strong>to</strong> think that politics<br />

could play a significant role in the administration<br />

of our tax system,” he said.<br />

The firm continues <strong>to</strong> offer services<br />

that can help clients deal with, and understand<br />

areas with excessive amounts<br />

of government regula<strong>to</strong>ry oversight as<br />

well as the ever-increasing complexity<br />

of the tax laws. Providing guidance on<br />

tax and regula<strong>to</strong>ry issues alone might<br />

not be able <strong>to</strong> truly solve those emerging<br />

issues plaguing many smaller businesses<br />

<strong>to</strong>day, however.Kalicka noted,<br />

“There has been a significant loss of family-owned<br />

businesses in the retail sec<strong>to</strong>r<br />

<strong>to</strong> national chains, in the manufacturing<br />

sec<strong>to</strong>r <strong>to</strong> foreign companies and in the<br />

service sec<strong>to</strong>r <strong>to</strong> outsourcing.”<br />

Adding that while there were more<br />

negative impacts than positive impacts<br />

stemming from the downturn of 2008-<br />

09, there appeared <strong>to</strong> be at least one silver<br />

lining that did come out of it.<br />

Kalicka emphasized, “The one positive<br />

was that businesses did learn that<br />

in order <strong>to</strong> survive they needed <strong>to</strong> get<br />

lean and mean, and reduce excessive<br />

overhead.”<br />

330 Whitney Ave Suite 800<br />

Holyoke, MA 01040-2876<br />

Phone: (413) 536-8510<br />

www.mbkcpa.com<br />

THE SUIT MAGAZINE p.63


y judy scinyamagness<br />

EXPERT witness use<br />

on The Rise<br />

After the s<strong>to</strong>rms of the recent recession, the forecast<br />

is bright for firms providing expert witness services<br />

<strong>to</strong> the legal profession. According <strong>to</strong> the “Expert<br />

Witness Consulting Services Market Research<br />

Report,” a rise in court cases requiring expert<br />

testimony is expected over the next five years. “The industry<br />

is set <strong>to</strong> benefit from an increase in per capita disposable<br />

income, government consumption and investment, corporate<br />

profit and strengthened demand from law firms,” stated the<br />

IBISWorld report released in July.<br />

THE SUIT MAGAZINE - NOV 2014


Peter George, managing<br />

partner of Healthcare Litigation<br />

Support, LLC,<br />

based in Massachusetts,<br />

agrees that the recovering<br />

economy has led <strong>to</strong> an increase<br />

in the demand for expert witnesses.<br />

He also said that expert referral<br />

firms need <strong>to</strong> keep pace with new technologies<br />

in many industries.<br />

“The litigation environment has<br />

changed considerably over the past<br />

decade due <strong>to</strong> technological advancements,”<br />

said George. “For example, we<br />

rarely had a DNA-related issue 10 years<br />

ago; now we have frequent requests for<br />

experts in DNA identification and genetics.”<br />

From solo law practices <strong>to</strong> the nation’s<br />

largest legal firms, Healthcare Litigation<br />

Support works with both plaintiff<br />

and defense at<strong>to</strong>rneys throughout<br />

the United States and in six countries<br />

with roots in the English legal system,<br />

including Singapore, Caribbean island<br />

nations, Canada and the United Kingdom.<br />

The firm provides physicians,<br />

dentists, nurses, pharmacists and other<br />

healthcare-related experts <strong>to</strong> serve as<br />

consultants and witnesses.<br />

Experts are in demand for a wide<br />

range of cases involving individuals<br />

with special needs – from litigation concerning<br />

workplace accommodation for<br />

people with disabilities <strong>to</strong> abuse cases<br />

at group homes or in institutional settings.<br />

“We also have cases at alcohol<br />

and drug rehabilitation facilities involving<br />

issues of restraint, supervision,<br />

or other alleged negligence on the part<br />

of the facility’s staff resulting in injury<br />

or even death,” George said.<br />

Healthcare Litigation Support provides<br />

psychiatric experts <strong>to</strong> address<br />

child cus<strong>to</strong>dy issues in divorce cases.<br />

Autism experts are also increasingly in<br />

demand.<br />

The nature of medical malpractice<br />

issues has not changed <strong>to</strong>o drastically<br />

through the years. “As always, the<br />

plaintiff in a malpractice case alleges<br />

that the doc<strong>to</strong>r breached the standard of<br />

care by doing something negligent, or<br />

by failing <strong>to</strong> do something that should<br />

have been done,” said George. <strong>One</strong><br />

thing that has changed, however, is the<br />

enactment of state laws that make medical<br />

malpractice cases more difficult for<br />

plaintiffs <strong>to</strong> pursue and <strong>to</strong> win. These<br />

include requirements that an expert’s<br />

Are you spending your<br />

valuable time looking for the<br />

right healthcare expert?<br />

www.healthcarelitigation.com<br />

affidavit of merit be submitted with the<br />

complaint and caps on damages for pain<br />

and suffering, George explained.<br />

“Our role is not that of an advocate for<br />

a particular party in a case, but that of<br />

an agent who provides highly qualified<br />

experts <strong>to</strong> assist at<strong>to</strong>rneys in evaluating<br />

cases and, when needed, <strong>to</strong> serve as expert<br />

witnesses,” said George, adding<br />

that each of the firm’s case managers has<br />

a particular area of expertise. The firm<br />

does not provide experts <strong>to</strong> pro se litigants<br />

– including at<strong>to</strong>rneys who want <strong>to</strong><br />

litigate their own cases.<br />

In additional <strong>to</strong> healthcare experts,<br />

Healthcare Litigation Support provides<br />

non-medical experts such as biomechanical<br />

engineers, vocational rehabilitation<br />

consultants, construction safety experts,<br />

forensic accountants, and other types of<br />

experts needed for personal injury cases.<br />

George announced that Healthcare<br />

Litigation Support is in the midst of<br />

a re-branding program in connection<br />

with its plans for expansion. The firm’s<br />

identity is transitioning from Healthcare<br />

Litigation Support <strong>to</strong> HLS Experts – including<br />

a new domain name and website<br />

– which will address markets beyond<br />

healthcare. The goal is <strong>to</strong> grow the firm<br />

by 50 percent over the next two years,<br />

without an acquisition, by expanding<br />

in<strong>to</strong> additional areas of the law including<br />

information technology, property law,<br />

water rights, and oil and gas.<br />

George not only has a professional interest<br />

in medical experts, but a personal<br />

one as well. He serves on the board of<br />

direc<strong>to</strong>rs of the Greater Athol Area Association<br />

of Families with Special Needs,<br />

an organization providing services for<br />

families in the region who have a family<br />

member with a disability. George’s<br />

26-year-old son is developmentally delayed,<br />

both cognitively and physically,<br />

and is dependent on George and his wife<br />

for his daily care. “He is functional and<br />

independent in a very limited context,”<br />

explained George.<br />

After George had spent 15 years as a<br />

healthcare consultant, which required<br />

extensive travel, one day in 2003 his wife<br />

<strong>to</strong>ld him that things had <strong>to</strong> change, because<br />

she needed help caring for their<br />

son. It was then that George entered the<br />

field of expert witness services, and in<br />

fact, it was his son’s needs, along with<br />

his own personal empathy, that gave<br />

him the passion and the drive <strong>to</strong> start his<br />

own firm.<br />

THE SUIT MAGAZINE p.65


y felix badea<br />

Familial Advice at Any Hour<br />

It is completely acceptable <strong>to</strong> Robert<br />

“Puma” Richards Jr CFP®, if<br />

a husband and wife come in<strong>to</strong> his<br />

office – and the husband tells him<br />

they are just there for the “in case of”<br />

planning session.<br />

“Over the years, I’ve had a lot of<br />

husbands with their wives come in<br />

and say, ‘We are not here <strong>to</strong> use your<br />

services right now, but I do want <strong>to</strong><br />

introduce my wife <strong>to</strong> you because if<br />

something happens <strong>to</strong> me, I want her<br />

<strong>to</strong> come here <strong>to</strong> get reliable and trustworthy<br />

advice from you,’” Richards<br />

said. “I try <strong>to</strong> work with couples and<br />

spouses so that if something happens<br />

<strong>to</strong> either one of them, they know that<br />

they are in good hands.”<br />

As the owner of PUMA Wealth Advisors,<br />

LLC, in Toms River, NJ, Richards<br />

has taken on the financial care of numerous<br />

widows at a time in their lives<br />

when they are the most economically<br />

vulnerable. His goal is <strong>to</strong> educate the<br />

remaining spouse regarding financial<br />

affairs, which can be as basic as balancing<br />

a checkbook, or as complicated as<br />

a mini-course on how the s<strong>to</strong>ck market<br />

works. He has even gone with a widow<br />

<strong>to</strong> help her lease a car.<br />

Puma seeks those clients who have<br />

a genuine interest in setting up their<br />

financial affairs in a manner that will<br />

best benefit their family members for<br />

the long-term and will be transferable<br />

<strong>to</strong> younger generations.<br />

“I have come across some folks who<br />

really were not concerned about what<br />

happens <strong>to</strong> the rest of the family after<br />

their death – and those people did not<br />

work out as clients for me,” Richards<br />

explains. “My goal is <strong>to</strong> not only be the<br />

financial advisor for the ‘Mom’ and<br />

the ‘Dad’ – but <strong>to</strong> be an advisor for the<br />

whole family. I want <strong>to</strong> be the advisor<br />

for their children and grandchildren.”<br />

And because of that philosophy I now<br />

We believe in thinking<br />

“out of the box” and we<br />

are not afraid <strong>to</strong> challenge<br />

conventional wisdom in<br />

our approach <strong>to</strong> investing<br />

and preserving wealth.<br />

All of our energy, commitment,<br />

and efforts are<br />

focused on you, the client,<br />

and your satisfaction.<br />

am working with multiple generations<br />

of families.<br />

In return, Richards makes himself<br />

available <strong>to</strong> his clients via cellphone at<br />

any time of day or night. He wants clients<br />

who understand that they need<br />

his help in managing their complex<br />

financial situations, so it’s okay with<br />

him if they need <strong>to</strong> talk at midnight.<br />

He wants his clients <strong>to</strong> feel as if they<br />

are part of his extended family.<br />

“With my more than 21 years of<br />

experience in the financial planning<br />

industry, I’ve seen a lot of things happen<br />

with people’s financial well-being<br />

and I have advised a lot of folks<br />

on what <strong>to</strong> do and what not <strong>to</strong> do,”<br />

Richards said. “My goal is <strong>to</strong> try <strong>to</strong><br />

advise my clients as if they are family<br />

members and I have <strong>to</strong> sit across the<br />

dinner table from them six months<br />

after I make a recommendation for<br />

them that might be very good, very<br />

bad or simply flat line. The most important<br />

thing is building long-term<br />

relationships.”<br />

Learn more about PUMA Wealth<br />

Advisors, LLC, online at www.PumaRichards.com.<br />

Securities offered through Securities<br />

America, Inc., member FINRA/SIPC.<br />

Advisory services offered through<br />

Arbor Point Advisors, LLC.<br />

Felix Badea, Securities America, LLC.<br />

And Arbor Point Advisors, LLC. are<br />

not affiliated with PUMA Wealth Advisors,<br />

LLC..<br />

1108 Hooper Avenue<br />

Building 2<br />

Toms River, NJ 08753<br />

www.pumarichards.com<br />

THE SUIT MAGAZINE - NOV 2014


THE FINANCIAL COCOON<br />

Ensuring Irreplaceable Capital Isn’t Lost<br />

The average career for most people<br />

<strong>to</strong>day can be upwards of 40 years,<br />

but for professional athletes and<br />

celebrities, a career can be much shorter.<br />

Paradigm Financial Partners LLC works<br />

with these clients <strong>to</strong> develop a personalized<br />

holistic roadmap for building<br />

wealth and financial security within a<br />

shortened timeframe.<br />

Over the years the firm has developed<br />

a niche clientele – working entrepreneurs,<br />

business owners and high net<br />

worth individuals. A large percentage<br />

of the firm’s business is also with physicians<br />

and medical groups, but during<br />

the last six years Paradigm Financial<br />

Partners branched out and diversified<br />

the practice by working with<br />

individuals in the music, entertainment,<br />

professional sports,<br />

film and television industries.<br />

“The practice has become a<br />

lot more diverse and these clients<br />

really need a lot of guidance,”<br />

said managing partner<br />

Lee Rawiszer. “They come in<strong>to</strong><br />

money very quickly and they<br />

don’t have any idea about how<br />

<strong>to</strong> handle it.”<br />

“This is especially true,”<br />

Rawiszer said, “of professional<br />

athletes, where it is all <strong>to</strong>o common<br />

for many – notably in the<br />

National Basketball Association<br />

– <strong>to</strong> file for bankruptcy within two <strong>to</strong><br />

three years of their career ending.”<br />

With these high net worth clients,<br />

more money often means more responsibility,<br />

and Paradigm Financial Partners<br />

has developed what Rawiszer explained<br />

as a “financial cocoon” for this irreplaceable<br />

capital earned by individuals who,<br />

although they may have short careers,<br />

still need the money <strong>to</strong> last a lifetime.<br />

This financial cocoon is built by far<br />

more than following traditional investment<br />

strategies such as an alpha or beta<br />

approach.<br />

“We’re looking at life beyond sports<br />

or beyond your entertainment career,<br />

which may fade,” he <strong>to</strong>ld The Suit Mag-<br />

azine. “If this money has <strong>to</strong> last a lifetime,<br />

you look far beyond alpha, beta<br />

and standard deviation, and look at<br />

the whole big picture. What is the goal<br />

of this portfolio and what is the goal of<br />

the client <strong>to</strong> achieve not only in the next<br />

three <strong>to</strong> five years, but 10 or 20 years and<br />

beyond. So they have financial security<br />

when their career is over – and they have<br />

financial security, not only for themselves,<br />

but for their children and for the<br />

next generation after that.”<br />

by peter suciu<br />

Unlike his clients with<br />

short careers, Rawiszer<br />

has been in the business<br />

since 1979, when he started<br />

working with his father<br />

at the New York Life Insurance<br />

Company. In 1984<br />

he <strong>to</strong>ok the security exams<br />

and learned the investment<br />

side of the business,<br />

realizing quickly that<br />

he was more passionate<br />

about the money management<br />

side of the practice.<br />

As partner at Paradigm Financial Partners,<br />

Rawiszer said, “Financial planning<br />

doesn’t happen in a vacuum. To this end,<br />

the firm – which is not product-oriented<br />

or transaction-oriented – gets involved<br />

in every aspect of the dangers as well as<br />

the opportunities that might keep a client<br />

up at night.”<br />

“We become the quarterback and want<br />

<strong>to</strong> make their lives easier!”<br />

59 Wil<strong>to</strong>n Road<br />

Westport, CT 06880<br />

Phone: 203-221-3085<br />

www.pfpartners.com<br />

THE SUIT MAGAZINE p.67


y enid burns<br />

On a Mission <strong>to</strong> Create<br />

Affordable Housing<br />

While partial blame has been placed on banks for the residential credit crisis during the Great Recession there are<br />

many banks that have fulfilled their mission <strong>to</strong> serve the needs of the communities they serve by making affordable<br />

housing more available. The Community Reinvestment Act (CRA) is an initiative moni<strong>to</strong>red by the various Regula<strong>to</strong>ry<br />

Agencies designed <strong>to</strong> encourage banks <strong>to</strong> meet the credit needs of the individuals within their self-defined service<br />

area. Investing in Low Income Housing Tax Credits (LIHTC) helps satisfy the requirements under the Act.<br />

While large banks tend <strong>to</strong> have their own<br />

Community Development Corporations<br />

(CDC’s) which they utilize <strong>to</strong><br />

make direct investments, smaller institutions<br />

rely on companies such as the St. Louis Equity<br />

Fund, or SLEFI, <strong>to</strong> manage this process on their<br />

behalf. To date, SLEFI has contributed <strong>to</strong> the building<br />

of affordable housing from south of Springfield, Illinois<br />

<strong>to</strong> St. Louis, throughout Missouri and the eastern<br />

counties of Kansas, adjoining Kansas <strong>City</strong>, Missouri.<br />

SLEFI began investing in LIHTC’s soon after the<br />

1986 Tax Act was passed which created the LIHTC.<br />

This addition <strong>to</strong> the Code was intended <strong>to</strong> help transfer<br />

some of the responsibility of providing affordable<br />

housing from the public sec<strong>to</strong>r <strong>to</strong> the private sec<strong>to</strong>r.<br />

By investing in these credits financial institutions earn<br />

CRA credit and earn a market rate of return on their<br />

investment which turns out <strong>to</strong> be a win-win proposition.<br />

Shortly after the passage of the Act a group of<br />

civic minded leaders in St. Louis came <strong>to</strong> realize that<br />

this newly formed program could be very beneficial<br />

<strong>to</strong> the entire community.<br />

Creating Affordable Housing<br />

“They thought that it would be a good idea <strong>to</strong> have a vehicle in<br />

St. Louis that could utilize this newly created program <strong>to</strong> promote<br />

affordable housing,” John Wuest, president of the St. Louis Equity<br />

Fund, <strong>to</strong>ld The Suit Magazine in an interview. “These leaders went <strong>to</strong><br />

Civic Progress , the local business leadership group, and obtained a<br />

THE SUIT MAGAZINE - NOV 2014


$75,000 grant. And that’s how the Equity<br />

Fund got started.”<br />

Raising roughly $355 million in equity<br />

<strong>to</strong> date, since its beginning the Equity<br />

Fund has produced 4,400 housing<br />

units throughout its service area. The<br />

equity raised has funded both rehabilitation<br />

of residential units, as well as<br />

new construction of residential units.<br />

These units include one, two and three<br />

bedroom apartments as well as three<br />

bedroom single family homes.<br />

The Process<br />

SLEFI identifies new projects that are<br />

in the planning phase that it would be<br />

interested in investing. “We know who<br />

is making applications <strong>to</strong> the Missouri<br />

Housing Development Commission<br />

(MHDC), who allocates the credits on<br />

behalf of the IRS, and who we would<br />

like <strong>to</strong> invest with,” said Wuest. “We’re<br />

tracking them – and we issue a support<br />

letter which is included in the application<br />

package that is submitted <strong>to</strong><br />

MHDC. If they are successful in receiving<br />

an allocation SLEFI then negotiates<br />

a purchase of the credits from the recipient<br />

utilizing the funds raised from the<br />

Financial Institutions and Corporations<br />

who have agreed <strong>to</strong> invest in the Fund<br />

created by SLEFI. A limited partnership<br />

or a limited liability corporation is<br />

created and the current years Fund becomes<br />

the 99.9% limited partner in the<br />

developer entity which enables SLEFI<br />

<strong>to</strong> pass back through <strong>to</strong> its inves<strong>to</strong>rs<br />

99.9% of the tax benefits of the Credits<br />

along with the operating losses of the<br />

specific project.”<br />

Banks represent the largest portion<br />

of any given Fund. The Bank inves<strong>to</strong>r<br />

group includes both larger regional<br />

banks along with community banks.<br />

“This vehicle has a particular attraction<br />

for the smaller community bank’s<br />

whose resources limit their ability <strong>to</strong><br />

have in house personnel participating<br />

in these endeavors,” said Wuest.<br />

In addition <strong>to</strong> banks, SLEFI raises<br />

funds from corporations. Current participating<br />

companies include Ameren<br />

and The Laclede Group (local utilities),Anheuser-Busch<br />

and Centene<br />

Corporation. For the year 2014, SLEFI<br />

is on track <strong>to</strong> raise $30 million. Wuest<br />

indicated that a future goal is <strong>to</strong> raise<br />

an annual Fund in the $40 <strong>to</strong> $45 million<br />

range. The average investment per project<br />

is in the $6 million range.<br />

Special Needs Projects<br />

Wuest commented that in recent<br />

years SLEFI has placed an emphasis on<br />

investing in projects that serve individuals<br />

having special needs. These needs<br />

include alcohol and drug dependency,<br />

mental health issues, and ex-offenders.<br />

They have teamed with the leading institutions<br />

providing these services including<br />

The Salvation Army and the St.<br />

Louis Archdiocese.<br />

SLEFI has partnered with the Salvation<br />

Army on three projects, including<br />

a 48-unit building of furnished<br />

apartments strictly dedicated <strong>to</strong> both<br />

male and female veterans. “These are<br />

individuals that, for one reason or another,<br />

have not been able <strong>to</strong> get back<br />

in<strong>to</strong> the mainstream of society, mostly<br />

because of addiction and other problems,”<br />

Wuest explained. To qualify for<br />

residency the individual is required <strong>to</strong><br />

make a commitment <strong>to</strong> participate in<br />

the treatment program provided “with<br />

the goal of becoming a productive<br />

member of society,” he said. The individual<br />

is able <strong>to</strong> live in a safe environment<br />

while in recovery – and even after<br />

they gain employment if they wish <strong>to</strong>.<br />

Gateway Community Development Fund, Inc.<br />

In an effort <strong>to</strong> provide a wider range<br />

of products and services <strong>to</strong> serve the affordable<br />

housing community and its inves<strong>to</strong>rs,<br />

SLEFI formed Gateway which<br />

is a wholly owned subsidiary of SLEFI.<br />

Gateway is a certified CDFI whose primary<br />

mission is <strong>to</strong> provide both consulting<br />

services and lending products<br />

<strong>to</strong> be used <strong>to</strong> assist groups participating<br />

in community development and provide<br />

financing for the creation and sustainability<br />

of affordable housing. Gateway<br />

has solicited participation from<br />

Banks <strong>to</strong> participate in the formation of<br />

Loan Pools, the proceeds of which will<br />

be used <strong>to</strong> finance affordable housing.<br />

To date Gateway has raised $4.5 million<br />

in these Pools.<br />

Both SLEFI and Gateway are governed<br />

by its inves<strong>to</strong>rs and participants<br />

who serve on the boards and committees<br />

of both organizations. The Community<br />

Reinvestment Act previously<br />

mentioned has three basic tests: Investment,<br />

Lending and Service. With the<br />

addition of Gateway, SLEFI is able <strong>to</strong><br />

offer opportunities <strong>to</strong> banks that assist<br />

in meeting all three tests.<br />

THE SUIT MAGAZINE p.69


y peter suciu<br />

GUIDING PEOPLE<br />

THROUGH RETIREMENT<br />

Understanding the need <strong>to</strong> prepare for retirement came <strong>to</strong> Patrick A. Strubbe when he turned 16<br />

years old. That flash came when his grandfather offered <strong>to</strong> buy him a brand new car. For Strubbe,<br />

owner and founder of Preservation Specialists, it was a magical moment – that is, until his<br />

mother <strong>to</strong>ld him that his grandfather, who lived in a nursing home, simply couldn’t afford it.<br />

While it made for<br />

a disappointing<br />

birthday, Strubbe said<br />

that it was seeing the<br />

stress his mother faced<br />

worrying about her elderly<br />

father which set<br />

him on the path <strong>to</strong>ward helping people<br />

with their finances.<br />

“That opened my eyes, and I unders<strong>to</strong>od<br />

those circumstances,” Strubbe <strong>to</strong>ld<br />

The Suit Magazine. “It would be nice <strong>to</strong><br />

help people avoid that kind of stress in<br />

their lives.”<br />

Strubbe’s career in financial planning<br />

and investing began on the insurance<br />

side with John Hancock, which he maintains<br />

fit better with his personality than<br />

working on the Wall Street side of things.<br />

Founding Preservation Specialists in<br />

2003, since then he has primarily worked<br />

with people planning or close <strong>to</strong> retirement.<br />

“The type of clients we seem <strong>to</strong> fit with<br />

so well are neither rich nor poor – they’re<br />

that hard-working, saving type,” said<br />

Strubbe. “They’re either trying <strong>to</strong> figure<br />

out when they can retire or they already<br />

have retired and they’re genuinely interested<br />

in finding someone or something<br />

<strong>to</strong> help them along that path.”<br />

Facing retirement can be as eye-opening<br />

for many people <strong>to</strong>day as it was for<br />

that 16-year-old who was just promised<br />

a car.<br />

“These people go from receiving a paycheck<br />

their whole lives <strong>to</strong> now living off<br />

a 401K or a retirement plan of some kind.<br />

That is a scary, daunting task for most<br />

people. The people we fit with well are<br />

those looking for guidance in that area.”<br />

Making matters worse still, is that <strong>to</strong>day<br />

there are concepts which might seem<br />

alien <strong>to</strong> many people, especially <strong>to</strong> those<br />

who don’t understand the different approaches<br />

<strong>to</strong> investing. The jargon can<br />

only add <strong>to</strong> their confusion.<br />

Strubbe said that he helps clients overcome<br />

this confusion by asking whether<br />

it is important for them <strong>to</strong> get rich, or <strong>to</strong><br />

never be poor. This is important, especially<br />

since people are living longer and<br />

inflation means constantly increasing expenses<br />

over 30 years or more.<br />

“I have never heard anyone tell me<br />

they want <strong>to</strong> get rich at the risk of being<br />

poor,” he noted, and added that it<br />

is about “steady returns with consistent<br />

income – so people can<br />

enjoy their retirement and not<br />

just worry about money.”<br />

Today Preservation Specialists<br />

has also moved away from traditional<br />

advertising and market<br />

methods <strong>to</strong> attract new clients<br />

and has turned <strong>to</strong> client<br />

appreciation events, which<br />

Strubbe said includes four or<br />

five such gatherings each year.<br />

“It is a community. It is about<br />

community. We hold wine tastings<br />

and golf outings. Things they find<br />

fun. It really is great because they get <strong>to</strong><br />

know you a little better. This way you<br />

aren’t doing business with a business,<br />

you’re doing business with people.”<br />

www.scpreservation.com<br />

THE SUIT MAGAZINE p.71


y peter suciu<br />

A BALANCE<br />

OF<br />

EMOTION AND ECONOMICS<br />

Helping Clients Through Financial Hardship<br />

While most 23-<br />

year old college<br />

graduates<br />

were looking for<br />

their first post-school<br />

apartments, Rhonda<br />

Klch was already<br />

purchasing her third<br />

property. Throughout high school she<br />

saved money, invested well and went<br />

<strong>to</strong> college on a business scholarship.<br />

What she learned there not only prepared<br />

her for a career, but it set her on<br />

the road <strong>to</strong>ward property ownership.<br />

She utilized the funds she had saved<br />

<strong>to</strong> buy a house, and then bought two<br />

more. It was at that time when Klch's<br />

at<strong>to</strong>rney introduced her <strong>to</strong> a mortgage<br />

professional who became her men<strong>to</strong>r.<br />

Now, nearly two decades later Klch<br />

is CEO of Equity First LLC. Rather<br />

than simply helping people who have<br />

the money <strong>to</strong> buy a home, Klch also<br />

helps those who are over-extended or<br />

THE SUIT MAGAZINE - NOV 2014<br />

who have fallen in<strong>to</strong> hardship make<br />

the right decisions for keeping their<br />

homes.<br />

Breaking in<strong>to</strong> the business wasn't<br />

exactly easy for a 4-foot, 11-inch woman<br />

– even one owning three properties.<br />

It was also a very different time<br />

in the world of mortgages.<br />

“I was let loose in<strong>to</strong> what I call a<br />

man's suit and tie industry at 23 years<br />

old,” Klch <strong>to</strong>ld The Suit Magazine.<br />

“It was very difficult for me <strong>to</strong> be<br />

taken seriously. This was was before<br />

subprime and there were generally<br />

just two types of programs available<br />

– general mortgages and FHA mortgages.”<br />

Instead of giving up, Klch hit the<br />

pavement. She began talking <strong>to</strong> at<strong>to</strong>rneys,<br />

real<strong>to</strong>rs, CPAs and other<br />

professionals in the housing market,<br />

and started asking for their “throwaways.”<br />

Those were the people <strong>to</strong><br />

whom others simply said, “No, you<br />

can't buy a house,” and those people<br />

became her clients.<br />

“My personal niche became working<br />

with people who needed more<br />

assistance and guidance. And that is<br />

how Equity First came <strong>to</strong> be,” Klch<br />

explained. “Instead of working with<br />

the A level borrower, I was working<br />

with clients who needed more help. I<br />

worked with them <strong>to</strong> develop strategies<br />

– <strong>to</strong> work on their credit, <strong>to</strong> work<br />

on their debt and <strong>to</strong> help readjust<br />

their expectations. A lot of the time,<br />

these so-called 'throwaways' were the<br />

result of the mortgage professional<br />

being unable <strong>to</strong> set the appropriate<br />

expectations.”<br />

“For the client – they may have<br />

been approved for a mortgage or had<br />

pre-approval the whole time, but the<br />

level they were able <strong>to</strong> be approved at<br />

was just not the level they wanted <strong>to</strong><br />

be. So by working through their budget<br />

and expectations, I quickly devel-


Continuously<br />

striving <strong>to</strong> set new<br />

industry standards<br />

for businesses<br />

and consumers<br />

nationally.<br />

trigger that has brought them <strong>to</strong> us,”<br />

Klch noted.Once they become clients,<br />

many of them will learn a new word<br />

– accountability. “Our debt settlement<br />

program revolves around their having<br />

some accountability. We make them<br />

put their own money in<strong>to</strong> a separate<br />

bank account. Based on the budget, we<br />

help them assess how much they can<br />

afford <strong>to</strong> put in<strong>to</strong> a program,” she added,<br />

noting that this can be hard. “A lot<br />

of these people s<strong>to</strong>pped learning how<br />

<strong>to</strong> save once they s<strong>to</strong>pped paying their<br />

bills. We put them through a program<br />

so they can see how much disposable<br />

income they have without sacrificing<br />

<strong>to</strong>o much of their lifestyle quality at the<br />

same time.”<br />

“It takes an emotional <strong>to</strong>ll on the clients.<br />

We try <strong>to</strong> prepare them <strong>to</strong> move<br />

forward and we will help them restructure<br />

their debt.”<br />

All this can result in a payoff, if the<br />

client is serious. Once enough money<br />

has been put aside, Klch can help clients<br />

settle a debt, and then – and only<br />

then – does her firm get paid a percentage<br />

of the saved money.<br />

“If we go through the motions and<br />

we don't save them any money, then<br />

we do not collect a fee,” Klch emphasized.<br />

oped a pipeline and it stuck.”<br />

Today, Equity First LLC is built<br />

around catering <strong>to</strong> these clients.<br />

While many firms have sprung up<br />

since the economic debacle of 2008-<br />

09, this firm is not the result of the<br />

housing bubble, and was helping<br />

those in need long before the downturn.<br />

“A lot of new firms opened up <strong>to</strong> offer<br />

quick relief programs, so you saw<br />

a lot of loan modification agents, a<br />

lot of debt settlement companies that<br />

would – not <strong>to</strong> say take advantage of<br />

marketplace – but there was a shift in<br />

their direction,” she added. “We did<br />

not open our doors specifically for a<br />

time of crisis. We were around before<br />

the market collapsed.”<br />

Finding clients, especially since the<br />

downturn, hasn't been a problem for<br />

Equity First, even though it doesn't<br />

advertise. Instead, 100 percent of its<br />

business comes in via referrals from<br />

those in the industry. For Klch not<br />

every referral means new business<br />

either.<br />

She guides potential clients<br />

through determining whether they<br />

can qualify for industry-standard<br />

programs that allow clients <strong>to</strong> make<br />

manageable adjustments <strong>to</strong> debt. In<br />

other cases, Klch may refer them <strong>to</strong> a<br />

bankruptcy at<strong>to</strong>rney.<br />

“When we sit with the client, generally<br />

there is a budget <strong>to</strong> assess<br />

where they are. This is a realistic<br />

budget. We go through their income<br />

and their assets – and not everybody<br />

is a fit for our business. I work with a<br />

number of alliance partners.”<br />

She also stressed that many clients<br />

aren't simply overextended. Many<br />

have faced some sort of crisis or disastrous<br />

life event, whether it is losing<br />

a job, dealing with the loss of a<br />

spouse or even a sick child at home.<br />

“Generally there is some sort of<br />

625 Middle Country Road, Suite 100<br />

Coram, NY 11727<br />

Phone: 631-521-7607<br />

info@equityfirstusa.com<br />

www.equityfirstusa.com<br />

THE SUIT MAGAZINE p.73


y matt camara<br />

A Uniform Fiduciary Standard?<br />

It Could Work - If Done Right<br />

uniform fiduciary standard might<br />

A keep the wolves of Wall Street at<br />

bay, but only if regula<strong>to</strong>rs take great<br />

care in crafting the regulations. And<br />

is that likely <strong>to</strong> happen? Probably not,<br />

according <strong>to</strong> Frank Reilly, President of<br />

Reilly Financial Advisors.<br />

“If they were <strong>to</strong> do it correctly, I<br />

think it would be a fabulous idea. But<br />

I don’t think it can be done correctly,”<br />

said Reilly, who doubles as the firm’s<br />

chief compliance officer.<br />

The battle lines on regula<strong>to</strong>ry<br />

change were drawn up in the aftermath<br />

of the 2008 financial crisis. The<br />

Dodd-Frank Wall Street Reform and<br />

Consumer Protection Act gave the<br />

Securities and Exchange Commission<br />

the power <strong>to</strong> regulate those brokers<br />

who provide retail investment advice<br />

in<strong>to</strong> always acting in the best interests<br />

of their clients. The SEC, however, demurred<br />

for a while on whether or not<br />

<strong>to</strong> use that power.<br />

“A strong uniform standard, however,<br />

could really protect inves<strong>to</strong>rs from<br />

retail products that later turn out <strong>to</strong> be<br />

poor investment options,” Reilly said.<br />

“Then everybody out there would<br />

only be doing what’s in the best interests<br />

of their clients. … We see every<br />

day where annuities are sold in<strong>to</strong> an<br />

IRA account. That never makes sense<br />

…” Reilly <strong>to</strong>ld The Suit Magazine.<br />

SEC Chairman Mary Jo White said<br />

earlier this year, that she intended<br />

<strong>to</strong> push the other commissioners on<br />

whether or not they wanted <strong>to</strong> adopt<br />

a new standard. This came after a year<br />

of waffling that saw the SEC receive<br />

an earful from lobbyists.<br />

“The existing regula<strong>to</strong>ry requirements,<br />

oversight and enforcement of<br />

rules governing registered representatives’<br />

conduct, work well <strong>to</strong> protect<br />

inves<strong>to</strong>rs, and have proven <strong>to</strong> be an<br />

efficient and effective way for middle<br />

and lower income market inves<strong>to</strong>rs <strong>to</strong><br />

retain access <strong>to</strong> financial products and<br />

services,” the National Association of<br />

Insurance and Financial Advisors asserted<br />

in a statement released in July<br />

of 2013.<br />

Real action after White’s remarks in<br />

2014, has yet <strong>to</strong> come, however. Still,<br />

even the possibility of a uniform standard<br />

remains a hot issue among financial<br />

professionals.<br />

“Crafting those regulations without<br />

watering down standards across the<br />

board remains an obstacle <strong>to</strong> regula<strong>to</strong>ry<br />

change as well – and lobbying by<br />

broker interest groups is sure <strong>to</strong> make<br />

THE SUIT MAGAZINE - NOV 2014


that obstacle a challenging one,” Reilly<br />

said, noting that, “Stronger uniform<br />

standards could help push aside<br />

some of the typical client worries that<br />

follow the financial industry like a<br />

dark cloud”.<br />

Regula<strong>to</strong>ry change or not, ethics<br />

and client interest are points of<br />

pride for Reilly Financial Advisors.<br />

The company prominently displays<br />

a number of awards it has received<br />

in recent years, including Top 100<br />

Places <strong>to</strong> Work in San Diego for three<br />

years running, plus a BBB Torch<br />

Award Winner for Marketplace<br />

Ethics in 2012— and Reilly said<br />

firmly that he is determined <strong>to</strong><br />

always keep clients first. Putting<br />

client’s needs ahead of the<br />

firm also often means taking an<br />

unorthodox approach <strong>to</strong> wealth<br />

management.<br />

Noting that risk <strong>to</strong>lerance<br />

questionnaires administered by<br />

most wealth managers <strong>to</strong> new<br />

clients fails <strong>to</strong> capture what really<br />

matters, Reilly emphasized, “I<br />

believe, and we believe, that it is<br />

a fundamentally flawed process.<br />

It really comes down <strong>to</strong> how<br />

much risk do you need <strong>to</strong> take.<br />

If you could accomplish all of<br />

your goals … lay them out, chart<br />

a path, reach those goals with an<br />

8 percent rate of return … Why<br />

would you [take on more risk]?”<br />

Instead, Reilly Financial Advisors<br />

looks at how much risk the client<br />

needs <strong>to</strong> take, not how much risk they<br />

can bear. That’s a key difference in<br />

mindset, allowing the firm <strong>to</strong> provide<br />

each client with a unique solution.<br />

Founded in 1999, the company<br />

originally served Americans living<br />

abroad – a demographic that still<br />

makes up about one third of its cus<strong>to</strong>mer<br />

base. Now, the firm focuses<br />

primarily on those in transition,<br />

whether it’s the newly wealthy, career-changers<br />

or families looking for<br />

solid family transition planning. The<br />

firm’s approach <strong>to</strong> risk also helped<br />

it weather the Great Recession by<br />

choosing <strong>to</strong> keep clients constantly<br />

in the loop, instead of leaving them<br />

in the lurch. “We realized that our<br />

clients needed constant communication<br />

… so many advisors hid from<br />

their clients,” Reilly said. “We wanted<br />

<strong>to</strong> make sure … the talking heads<br />

“Wealth management is looking at everything:<br />

investment management, financial<br />

planning, tax issues, estate issues, family<br />

wealth transitions – all of those in one,”<br />

Reilly insisted. “We’re not just investment<br />

managers, we are truly wealth managers.”<br />

Reilly Financial Advisors<br />

7777 Alvarado Road, Suite 116<br />

La Mesa, California 91942<br />

Toll Free: 800-682-3237<br />

p) 619-698-0794<br />

www.rfadvisors.com<br />

weren’t scaring them.”<br />

Working through that crisis was<br />

about wealth management – not just<br />

investment management. It <strong>to</strong>ok holistic<br />

thinking for Reilly’s clients <strong>to</strong><br />

not only weather the s<strong>to</strong>rm, but even,<br />

in many cases, <strong>to</strong> get <strong>to</strong> port in better<br />

shape than when they left. Now, with<br />

the crisis largely over, Reilly is looking<br />

<strong>to</strong> expand again with goals he ticks off<br />

like a shopping list.<br />

Smaller starter accounts, expanding<br />

the client base, more international<br />

agreements – the list goes on – but<br />

it’s that multi-pronged approach that<br />

makes all the difference between a<br />

wealth manager and a guy who merely<br />

helps people invest.<br />

“Wealth management is looking at<br />

everything: investment management,<br />

financial planning, tax issues, estate issues,<br />

family wealth transitions – all of<br />

those in one,” Reilly insisted. “We’re<br />

not just investment managers, we are<br />

truly wealth managers.”<br />

THE SUIT MAGAZINE p.75


y peter suciu<br />

Paladin<br />

a Different Methology<br />

Medieval his<strong>to</strong>ry is filled with<br />

the s<strong>to</strong>ries of “paladins,” those<br />

knights renowned as champions<br />

for their heroism and chivalry. While Paul<br />

Evans may not be part of any royal court,<br />

he does have a serious pedigree that has<br />

helped him truly understand the ins and<br />

outs of the financial world. For inves<strong>to</strong>rs<br />

<strong>to</strong>day, that might just be better than a<br />

knight in shining armor.<br />

Evans, who has been around the securities business for<br />

quite some time, could be considered a “credentialed individual.”<br />

He <strong>to</strong>ld The Suit that he cut his teeth as a British<br />

public accountant and trained with the Arthur Andersen &<br />

Co. before earning his MBA at Stanford. Evans then made<br />

the transition <strong>to</strong> a planning and investment firm advising<br />

high net worth individuals, most of whom came from Silicon<br />

Valley.<br />

“In the early 1990s, I started my own business doing the<br />

same sort of thing, but with a different methodology,” said<br />

Evans. “I started advising people <strong>to</strong> invest by diversifying<br />

internationally. This was a little progressive in the early<br />

1990s – not a lot of people were doing that then.”<br />

His theory was that – while much investing was being<br />

done in a fairly stable world – if one diversified correctly,<br />

the swings in markets would be compensated so that upswings<br />

in one market would compensate for downswings<br />

in another.<br />

“Indeed, international markets proved for extended periods<br />

that there were higher returns than those in the United<br />

States,” he added. “You got both low volatility and as a result,<br />

through diversification, you got higher returns.”<br />

As president and managing partner at Paladin Capital<br />

Management, Evans also insists on avoiding jargon.<br />

“In the first 20 years I was involved in the business, nobody<br />

talked about Alpha. A few people talked about Beta,<br />

but they were regarded as strange individuals,” Evans explained.<br />

“Now we have this whole lexicon of terms that<br />

would have been very strange <strong>to</strong> inves<strong>to</strong>rs in, say, 1980. In<br />

some ways that is a disadvantage, as we've made the whole<br />

thing more complicated than it needs <strong>to</strong> be – and that is very<br />

frightening for the inves<strong>to</strong>r,” he observed.<br />

“Thirty years ago, you'd approach a s<strong>to</strong>ck broker and<br />

expect him <strong>to</strong> find six hot ideas for you. That has been replaced<br />

by people who take a longer term view,” Evans added.<br />

“They have <strong>to</strong>, given their longer term financial needs.<br />

This is why diversification has really taken over.”<br />

While there was a lot of panic following the downturns of<br />

2008-09, he also maintains this was just one in a long succession<br />

of setbacks that have occurred since World War II.<br />

In suggesting that the best strategy might be <strong>to</strong> step away<br />

from the crowd, Evans said, “Be enthusiastic, but when the<br />

crowd becomes enthusiastic – you need <strong>to</strong> be anxious.”<br />

www.paladincap.com<br />

THE SUIT MAGAZINE - NOV 2014


y peter suciu<br />

GUIDING CLIENTS<br />

COMMUNCIATION IS KEY<br />

As a Certified Financial Planner, Radon Stancil of Diversified Estate Services has long<br />

worked by the mantra that communication is crucial <strong>to</strong> ensuring that clients feel confident<br />

that they’ll have money <strong>to</strong> last through their golden years. That has proven <strong>to</strong> be especially<br />

true following the “Great Recession,” when fear became the biggest issue for many inves<strong>to</strong>rs.<br />

“What we learned is<br />

that, when we go<br />

through a 2008 scenario,<br />

we have <strong>to</strong> communicate<br />

more than you<br />

would ever think,” said<br />

Stancil, an associate with<br />

the Raleigh, N.C.-based<br />

Diversified Estate Services.<br />

“Even if our clients<br />

are not losing money, we<br />

communicate with them<br />

so that they know exactly<br />

what is going on.”<br />

Over the course of 14<br />

years, the firm, which<br />

first started <strong>to</strong> work with<br />

retirees and those close<br />

<strong>to</strong> retirement, has now<br />

evolved in<strong>to</strong> a full financial<br />

planning firm. Today,<br />

it is still aimed primarily<br />

providing four core areas<br />

for the older inves<strong>to</strong>r, including<br />

helping clients<br />

with investment strategy,<br />

retirement income plans,<br />

tax mitigation and even<br />

estate planning.<br />

It is also very much built<br />

around the concept of<br />

“TEAM” – “Together Everyone<br />

Achieves More.”<br />

This also includes building<br />

client confidence, <strong>to</strong><br />

not only help reassure inves<strong>to</strong>rs<br />

following the 2008<br />

downturn, but also during<br />

subsequent scandals such<br />

as the Bernie Madoff<br />

ponzi scheme, which may<br />

have given some retirees a<br />

cause for concern.<br />

“We’ve partnered with<br />

institutions that people<br />

would know – such as<br />

Fidelity and Schwab,”<br />

added Stancil, who noted<br />

that clients are instructed<br />

in the fundamentals of<br />

working with an advisor.<br />

“The biggest issue is that<br />

you don’t write a check <strong>to</strong><br />

an advisor. Make sure that<br />

the advisor never <strong>to</strong>uches<br />

the money and that it is an<br />

arm’s length transaction.”<br />

Stancil also stressed<br />

how concerns from 2008<br />

have not been completely<br />

forgotten, and he noted<br />

that Diversified Estate<br />

Services continues <strong>to</strong><br />

work with clients <strong>to</strong> help<br />

alleviate some of this worry.<br />

Part of his approach has been<br />

<strong>to</strong> guide clients away from the<br />

“Alpha” approach and <strong>to</strong>ward<br />

a more conservative path for<br />

investing.<br />

“Financial confidence is returning,<br />

but people have not<br />

forgotten 2008. They understand<br />

how it was sold by a lot<br />

of financial advisors as a fluke<br />

and a once in a lifetime event,<br />

but the reality when you look<br />

at the numbers is that, we have<br />

a 2008-type market about every<br />

five years,” Stancil explained.<br />

“Maybe not <strong>to</strong> that extreme,<br />

but we have a pullback average<br />

of 38 percent.”<br />

To this end, he highlighted<br />

that clients can be shown a<br />

path <strong>to</strong> achieving a good return<br />

without taking on excessive<br />

risk <strong>to</strong> get it.<br />

According <strong>to</strong> Stancil, “If the<br />

s<strong>to</strong>ck market goes up 15 percent<br />

but they only get 12 percent,<br />

quite frankly they don’t<br />

care, because when the market<br />

falls 20 percent they don’t fall<br />

20 percent. Our focus is wealth<br />

preservation, so people who<br />

want high risk returns are not<br />

going <strong>to</strong> be attracted <strong>to</strong> us –<br />

and quite frankly, we’re not the<br />

right firm for them.”<br />

www.desllc.org<br />

THE SUIT MAGAZINE p.77


y felix badea<br />

RETIREMENT<br />

Looks Different for Everyone<br />

Gone are the days of throwing a blanket investment<br />

policy over the retirement planning needs of every client<br />

The question of what would<br />

happen <strong>to</strong> pure financial planning<br />

if the requirements for quality life<br />

planning were added <strong>to</strong> the discussion,<br />

is answered day in and day out for the<br />

clients served by Shane Westhoelter.<br />

As CEO and founder of Gateway<br />

Financial Advisors, Westhoelter<br />

wanted his Walnut Creek, Calif.-based<br />

firm <strong>to</strong> provide “something unique”<br />

in the financial services industry: the<br />

opportunity for a client’s definition of a<br />

quality life <strong>to</strong> be just as important as the<br />

choices made among s<strong>to</strong>cks, bonds and<br />

investment strategies.<br />

“Our clients are people who want<br />

<strong>to</strong> do holistic planning,” Westhoelter<br />

explains. “They want <strong>to</strong> sit down and<br />

do financial planning from an overall<br />

approach that takes the ‘what if’ out of<br />

their life.”<br />

In referring <strong>to</strong> the big “what if”<br />

questions – Westhoelter is talking about<br />

issues such as what happens <strong>to</strong> spouses,<br />

or the transference of accumulated<br />

wealth <strong>to</strong> the next generation, as well<br />

as the question of what happens if<br />

clients outlive their financial resources.<br />

His self-described job is <strong>to</strong> target<br />

their retirement investments so that<br />

the latter does not occur, and <strong>to</strong><br />

implement strategies that mitigate tax<br />

consequences when the time arrives<br />

for the next generation <strong>to</strong> inherit any<br />

financial rewards being passed down.<br />

Success in this endeavor requires a<br />

combination of patience with the s<strong>to</strong>ck<br />

market along with tactical investment<br />

planning that can be quickly<br />

implemented.<br />

He knows his clients are living<br />

longer, more active lives. Based on<br />

that, he encourages clients <strong>to</strong> continue<br />

working until they are 80, 85, or even<br />

90 years of age if they wish. He isn’t<br />

convinced that age 65 is the au<strong>to</strong>matic,<br />

golden retirement age anymore.<br />

THE SUIT MAGAZINE - NOV 2014


“Retirement is not necessarily this set age as<br />

we have been taught or trained <strong>to</strong> believe,”<br />

Westhoelter explained. “I have clients who ask me<br />

why they have <strong>to</strong> retire if they have the ability <strong>to</strong><br />

work at age 80 or 85. They ask, ‘Is there anything<br />

set in s<strong>to</strong>ne that says I have <strong>to</strong> quit doing what I<br />

love <strong>to</strong> do?’ I tell them, no. If you are doing the<br />

job you have a passion for and have the quality of<br />

life that you want <strong>to</strong> live – then by all means keep<br />

working.”<br />

America is in the midst of a paradigm shift in the<br />

way we view retirement. Some of it was brought<br />

about by massive losses experienced during the<br />

fulfilling retirement goals.<br />

For clients onboard with the idea of complete,<br />

unfiltered transparency between their spending<br />

habits and Westhoelter and his staff, there is<br />

software potentially linking credit card and<br />

checkbook statements directly <strong>to</strong> the accounts<br />

managed by the firm.<br />

“Using this technology, we can link in<strong>to</strong> all of<br />

their spending habits, so everything is updated on<br />

a monthly basis, making it extremely easy <strong>to</strong> track<br />

how their spending habits are impacting their<br />

short and long-term savings goals,” he explained.<br />

This certainly requires a high level of trust<br />

Gateway Financial Advisors, Inc. was formed in January 2000, Prior we<br />

operated under the name of Shane Westhoelter and Associates insurance<br />

agency, formed in 1988. The focus of Gateway is <strong>to</strong> provide a “<strong>One</strong> S<strong>to</strong>p<br />

Financial Planning Shop”. Gateway has office locations across the USA.<br />

Look under “Our Offices” <strong>to</strong> locate an office near you.<br />

Great Recession. There are older Americans who<br />

have no choice but <strong>to</strong> continue earning wages.<br />

Some are simply <strong>to</strong>o healthy and vigorous <strong>to</strong><br />

hang up their working years. For others, it is a<br />

combination of both.<br />

Based on what clients indicates as their current<br />

status, Westhoelter designs individualized plans<br />

that include highly tactical, earnings-driven<br />

investments for those who are 10 <strong>to</strong> 15 years<br />

away from retirement, attempting <strong>to</strong> maximize<br />

whatever accumulation can occur. For those<br />

closer <strong>to</strong> retirement, he designs a much more<br />

conservative investment strategy, focused on<br />

wealth preservation.<br />

Having been in the financial services industry<br />

since 1998, Westhoelter knows the market is cyclic,<br />

and knows that throwing a blanket investment<br />

policy over all his clients will only smother them.<br />

“We don’t have a set philosophy that we adhere<br />

<strong>to</strong> necessarily, long term. We look at the trends<br />

and watch where they are going,” he noted.<br />

Another trend he’s watching is the<br />

implementation of social media within his<br />

industry.<br />

Westhoelter and his firm has hooked up all<br />

of <strong>to</strong>day’s basic social media <strong>to</strong>ols – Facebook,<br />

LinkedIn and Twitter. He and his associates use<br />

meeting software on a regular basis <strong>to</strong> spare clients<br />

a trip <strong>to</strong> the firm’s physical office. Clients owning<br />

iPhones have access <strong>to</strong> a specially-designed<br />

app providing 24/7 access <strong>to</strong> their accounts and<br />

portfolios, giving clients a choice between a graph<br />

or tubular format with a thermometer indicating<br />

how close current market performance comes <strong>to</strong><br />

between client and advisor. But for Westhoelter,<br />

that type of relationship is the one he wants with<br />

his clients.<br />

“We are connecting with our clients through<br />

Facebook, and staying up on their activities both<br />

in their personal social lives and their professional<br />

lives,” he said. “We bring in the entire family<br />

– children, grandchildren and sometimes even<br />

great-grandchildren – for meetings, so that<br />

everyone is aware of what is going on.”<br />

He noted, “Gone are the days when only the<br />

oldest patriarch dictated all of the financial<br />

decisions for a family. That trend is quickly<br />

changing – not only in the direction of multiple<br />

decision-makers but <strong>to</strong> also embrace a multigenerational<br />

approach.”<br />

“We are no longer assuming there is only one<br />

decision-maker in the household. There could be<br />

two or three decision-makers who have <strong>to</strong> come <strong>to</strong><br />

agreement – specifically when the primary bread<br />

winner deceases,” Westhoelter emphasized. “It is<br />

time for us <strong>to</strong> get our heads out of the sand, meet<br />

with professional financial advisors, and get our<br />

futures on track.”<br />

1646 N. California Blvd. Suite 650<br />

Walnut Creek, CA 94596<br />

Phone:925-999-8699<br />

www.gfainvestments.com<br />

THE SUIT MAGAZINE p.79


y felix badea<br />

Keeping Clients Poised<br />

on the Rollercoaster<br />

In the past three <strong>to</strong><br />

four years, the s<strong>to</strong>ck<br />

market has provided<br />

inves<strong>to</strong>rs with advantageous,<br />

wealth-building<br />

returns. It’s a welcome<br />

relief from the<br />

Great Recession, as the crash and volatility<br />

from 2007 <strong>to</strong> 2009 is being deemed<br />

by his<strong>to</strong>rians. This Stanley Funches<br />

knows well. But he also knows that<br />

<strong>to</strong>day’s conditions won’t last, and he<br />

wants his clients <strong>to</strong> be ready for another<br />

ride on the rollercoaster.<br />

“We’ve had several years with great<br />

market returns, but this is not going<br />

<strong>to</strong> be a constant thing,” Funches said.<br />

“We are going <strong>to</strong> go through a bear<br />

market pretty soon. So my goal for<br />

beyond 2014 and in<strong>to</strong> 2015 is <strong>to</strong> make<br />

sure my clients and their portfolios<br />

are positioned <strong>to</strong> take advantage of<br />

good solid returns and are prepared<br />

<strong>to</strong> withstand any market downturns.”<br />

“That means securing appropriate<br />

amounts of liquid assets, such as cash,<br />

as well as balancing portfolio holdings<br />

across a wide range of asset classes,”<br />

he said. It also includes mentally and<br />

emotionally preparing clients <strong>to</strong><br />

hold tight and take a long term view of<br />

temporary losses.<br />

As a partner and chief compliance<br />

officer for Bridgeworth, LLC, based in<br />

Birmingham, Ala., Funches knows the<br />

ups and downs of long-term financial<br />

planning. He encourages his clients<br />

<strong>to</strong> ride the highs and take advantage<br />

of unique opportunities presented by<br />

some of the market lows.<br />

“Inves<strong>to</strong>rs with a long-term outlook<br />

are able <strong>to</strong> take advantage of good<br />

buying opportunities when the market<br />

goes down, because they also have<br />

cash reserves allowing them <strong>to</strong> make<br />

investments that have the potential<br />

<strong>to</strong> pay off when the market recovers,”<br />

Funches said.<br />

Making this happen requires discipline<br />

– not only from the inves<strong>to</strong>r, but<br />

also from the advisor.<br />

“You (as the advisor) have <strong>to</strong> remain<br />

emotionally confident enough <strong>to</strong> help<br />

your client – <strong>to</strong> lead your client <strong>to</strong> stick<br />

through the low times,” he said. “That<br />

isn’t easy. It is the difficult part. But<br />

once you<br />

do it,<br />

THE SUIT MAGAZINE - NOV 2014


OUR MISSION AT BRIDGEWORTH IS TO PARTNER WITH OUR<br />

CLIENTS IN ACHIEVING THEIR LIFETIME FINANCIAL GOALS BY<br />

DRAWING ON OUR WEALTH OF KNOWLEDGE.<br />

then clients have the confidence <strong>to</strong> do<br />

it, <strong>to</strong>o.”<br />

Funches prefers clients who are<br />

goal-oriented and willing <strong>to</strong> not only<br />

accept his advice, but <strong>to</strong> take action<br />

based on that advice. He doesn’t think<br />

in terms of minimums, but instead<br />

gauges the passion and dedication of a<br />

potential client when deciding whether<br />

or not <strong>to</strong> partner with that person in<br />

reaching their financial goals.<br />

Instead of taking a hit during the<br />

Great Recession, Funches actually<br />

gained clients, and his practice grew.<br />

“When times are <strong>to</strong>ugh and hard,<br />

that is when more people seek advice,”<br />

Funches explained. “The people who<br />

think they can do it themselves during<br />

the good times are the ones who<br />

actually come looking for advice.”<br />

Funches welcomes<br />

new<br />

clients<br />

b u t<br />

sticks with the qualification that they<br />

are willing and able <strong>to</strong> act on his advice.<br />

When he started his career as a<br />

financial advisor in 1998, he wasn’t<br />

as selective regarding clients. In his<br />

words, “Early on in my career, I tried<br />

<strong>to</strong> help anybody and everybody.”<br />

He quickly learned that neither<br />

“anybody” nor “everybody” qualify<br />

as an engaged client. Funches admits<br />

that this was the most important lesson<br />

in developing his practice.“You<br />

learn that some people do not take<br />

your advice. They might be willing <strong>to</strong><br />

receive it, but they cannot act on it in<br />

the proper way,” he said. “I learned<br />

that this <strong>to</strong>ok time away from clients<br />

who really do rely on my advice <strong>to</strong><br />

grow and prosper. I learned <strong>to</strong> concentrate<br />

on those clients who are serious,<br />

capable of taking advice and who are<br />

able <strong>to</strong> grow from it.”<br />

His passion for financial planning<br />

comes from having been raised in a<br />

setting where financial planning needs<br />

were greatly under-served. While taking<br />

a business financial investment<br />

course in college, he became intrigued<br />

with investment strategies and financial<br />

planning. Looking around<br />

his college campus, Funches realized<br />

that he was attending<br />

classes with other students<br />

who themselves had a lot<br />

more wealth than he did,<br />

due mainly <strong>to</strong> the ability<br />

of their families <strong>to</strong> use financial<br />

planning <strong>to</strong>ols.<br />

He decided <strong>to</strong> change<br />

his own destiny and<br />

that of others who<br />

previously did not<br />

have the training, experience or access<br />

<strong>to</strong> financial planning.<br />

Today, he puts a significant focus on<br />

educating clients regarding changes<br />

in retirement funding. Despite the fact<br />

that many employers moved away<br />

from traditional pension plans decades<br />

ago in favor of defined benefit<br />

plans which shift retirement planning<br />

responsibility back <strong>to</strong> the employee,<br />

Funches knows that many workers<br />

still do not fully understand the ramifications.<br />

This – coupled with the reality<br />

that most Americans are living<br />

longer – gives him great cause for concern.<br />

“It is going <strong>to</strong> be the biggest challenge<br />

in the next few generations,”<br />

Funches emphasized. “Helping clients<br />

make sure they have the right<br />

mix of investments in their company’s<br />

retirement plan is crucial, because in<br />

future years Social Security will only<br />

be a shell of its former self. So, with<br />

solid financial planning, increased<br />

focus on savings, and a sound<br />

investment strategy it is<br />

more likely for individuals<br />

<strong>to</strong> overcome all of these<br />

challenges.”<br />

Learn more online regarding<br />

Stanley T. Funches,<br />

CFP®, ChFC®, CRPC®,<br />

MBA and Bridgeworth,<br />

LLC at www.bridgeworthfinancial.com.<br />

THE SUIT MAGAZINE p.81


y amy m. armstrong<br />

Expert Testimony From Registered Nurses<br />

An Emerging Career Field making an Impact<br />

Nurses are quickly<br />

joining the ranks<br />

of those doc<strong>to</strong>rs who<br />

have become medical<br />

legal consultants and<br />

expert witnesses. This<br />

comes as litiga<strong>to</strong>rs are<br />

recognizing the value<br />

of insights provided by medical<br />

professionals, who spend much more<br />

time on the floor in close contact with<br />

patients, as accurate resources for expert<br />

testimony.<br />

For one California registered nurse<br />

with more than 30 years of patient<br />

care experience, this burgeoning need<br />

emanating from the legal community<br />

has also provided her with the opportunity<br />

<strong>to</strong> develop a unique and rapidly<br />

growing practice.<br />

Suzanne E. Arragg is the founder<br />

of SEA & Associates Medical Legal<br />

Consulting, Inc. based in Ventura,<br />

California. Nearly 15 years ago, she<br />

was asked by an at<strong>to</strong>rney <strong>to</strong> review<br />

the medical records of a patient in a<br />

skilled nursing facility. It was a different<br />

type of request, but not one<br />

that threw her a curve ball. At that<br />

time, she was Direc<strong>to</strong>r of Nursing in<br />

a skilled nursing facility and the inquiry<br />

from an at<strong>to</strong>rney regarding the<br />

case captured her attention. The at<strong>to</strong>rney<br />

wanted a primer regarding the<br />

workings of a skilled nursing facility.<br />

“My expertise was invaluable in<br />

terms of educating the at<strong>to</strong>rney client<br />

about what a skilled nursing facility<br />

does, what type of staff is involved,<br />

the workings of the entire 24 hours of<br />

operation of this type of facility and<br />

what its obligations <strong>to</strong> its patients<br />

are,” Arragg recalls. “That is what got<br />

me started in this industry, since my<br />

nursing skills complimented the information<br />

they required<br />

Since then, Arragg went on <strong>to</strong><br />

found SEA & Associates® and build<br />

a network of medical legal experts –<br />

primarily registered nurses – with<br />

expertise in various segments of the<br />

health care industry. Her team includes<br />

experts in long-term care,<br />

acute care, dependent adult care,<br />

regula<strong>to</strong>ry compliance, drug and<br />

medical device , outpatient clinics ,<br />

and managed care, plus much more.<br />

Through the national network she<br />

has developed, Arragg is able <strong>to</strong> locate<br />

a medical legal consultant for almost<br />

every specific medical niche.<br />

The bulk of these medical-legal<br />

nursing consultants are Certified Legal<br />

Nurse Consultants – a distinction<br />

Arragg also holds. The CLNC® designation<br />

is earned after completing<br />

an intensive educational program<br />

designed <strong>to</strong> teach registered nurses<br />

how <strong>to</strong> put their specialized medical<br />

knowledge <strong>to</strong> work in the courtroom.<br />

“It isn’t that nurses will completely<br />

replace doc<strong>to</strong>rs as expert witnesses<br />

rather nursing experts provide nursing<br />

standard of care testimony ” Arragg<br />

noted.<br />

“In legal terms, litiga<strong>to</strong>rs still need<br />

the evaluation and the expertise of<br />

physicians. They look at all of the<br />

documents generated during the<br />

course of a patient’s case <strong>to</strong> determine<br />

how the clinical circumstance<br />

affects the patient – and they provide<br />

the diagnosis and medical causation<br />

argument,” Arragg said. “Yet, unlike<br />

nursing staff, the doc<strong>to</strong>r is not in the<br />

medical facility or hospital 24 hours/7<br />

days a week. They are not at the<br />

bedside in the constant fashion that<br />

nursing staff are. Nurses provide the<br />

clinical hands-on, hour-by-hour perspective<br />

on the continuum of care the<br />

patient received, as well as those who<br />

interfacing with interdisciplinary<br />

team members that may be involved<br />

with a specific patient . The perspective<br />

a nurse brings is invaluable because<br />

it represents what is happening<br />

<strong>to</strong> that patient throughout the case.”<br />

While her medical-legal consulting<br />

is available for the myriad of medical<br />

issues, her specialty and abiding interest<br />

is in elder care. She admits it is a highly<br />

complicated issue. There are so many<br />

different types of elder care available:<br />

skilled nursing facilities, in-home care,<br />

residential care in an assisted living<br />

home where the presence of a licensed<br />

nurse is not always required,– and the<br />

list goes on.<br />

“At<strong>to</strong>rneys struggle with which standards<br />

<strong>to</strong> apply as they attempt <strong>to</strong> assist<br />

frustrated family members, who also do<br />

not know what the legal ramifications<br />

are in the setting where their loved one<br />

lives,” Arragg explained.<br />

“In California, the components of the<br />

law and the loopholes that exist in elder<br />

care require litiga<strong>to</strong>rs prove that elder<br />

THE SUIT MAGAZINE - NOV 2014


abuse did occur,” Arragg said. “It really<br />

is an art that litiga<strong>to</strong>rs have <strong>to</strong> master.”<br />

“In medical malpractice, lawsuits<br />

hinge on four elements: the duty of the<br />

medical professional, a breach of that<br />

duty, causation and damages These<br />

elements only provide the basis for an<br />

elder abuse case. To prove elder abuse,<br />

a plaintiff must be able <strong>to</strong> prove reckless<br />

neglect and abandonment of the patient,”<br />

Arragg said.<br />

That’s <strong>to</strong>ugh and it is also why a larger<br />

percentage of elder abuse claims are<br />

being settled in favor of the defendant.<br />

“The defendant can prove that they<br />

gave medication or provided treatment<br />

at the appropriate times. They can easily<br />

prove that 24-hour care was given<br />

and that the patient saw the doc<strong>to</strong>r,”<br />

Arragg said.<br />

Much of the challenge surrounding<br />

elder abuse is represented in the unrealistic<br />

expectations of family members.<br />

Skilled nursing facilities are not required<br />

<strong>to</strong> provide the one-on-one care<br />

that is desired by family members. Yet,<br />

because these often become “home” for<br />

so many elder patients, the desire for<br />

more attention often conflicts with the<br />

financial realities governing these facilities.<br />

Many elderly patients come in with<br />

Medicaid as their only source for payment.<br />

In California, dependent upon<br />

the size of the skilled nursing facility,<br />

that averages $180 per day <strong>to</strong> cover<br />

medication, 24-hour nursing care,<br />

meals and a room. It represents a significant<br />

disconnect that Arragg sees<br />

reaching a crisis point, not only is our<br />

population living longer, but also as<br />

more and more baby boomers enter<br />

retirement and begin <strong>to</strong> experience<br />

the medical complications that often<br />

accompany aging.<br />

“That is pretty low reimbursement<br />

for a facility <strong>to</strong> employ a registered<br />

nurse that costs $40 an hour,” she<br />

said. “Can these facilities afford <strong>to</strong><br />

provide one-on-one care? Absolutely<br />

not. It is a sad struggle, but the reality<br />

is that there simply is not enough<br />

time, not enough money, not enough<br />

resources.”<br />

This is the reason she focuses on<br />

her out-of-court consulting services<br />

aimed at helping long-term care facilities,<br />

assisted living homes and skilled<br />

nursing facilities do more with the resources<br />

they have and <strong>to</strong> stay ahead<br />

of regula<strong>to</strong>ry changes. She is also a<br />

huge proponent of training registered<br />

nurses <strong>to</strong> specialize in long-term care.<br />

Arragg knows there is more work <strong>to</strong><br />

do. Yet, in the 15 years since she consulted<br />

on that first case, she has consulted<br />

on thousands of cases across<br />

the nation that have had great effectiveness,<br />

by helping <strong>to</strong> clarify whether<br />

or nor elder abuse had occurred.<br />

“I feel as if my greatest success has<br />

been my ability <strong>to</strong> educate at<strong>to</strong>rneys<br />

about the continuum of health care<br />

and how this impacts legal matters –<br />

particularly in the unique setting of<br />

long-term care,” Arragg emphasized.<br />

SEA & Associates Medical Legal<br />

Consulting<br />

P.O. Box 3222<br />

Ventura, CA 93006-3222<br />

www.sealegalnurse.com<br />

THE SUIT MAGAZINE p.83


OPPORTUNITY IN<br />

DOWN MARKETS<br />

It is said that investing is not for the faint of heart. Adverse market conditions can send<br />

casual inves<strong>to</strong>rs scurrying <strong>to</strong> close out their accounts. Yet some companies find that<br />

adversity in the markets – or in particular industries – can signal the right time <strong>to</strong> invest.<br />

That's one of the directives of value for investing firm T&T Capital Management.<br />

Founder and principal Tim Travis formulated his model after studying the value investing<br />

practices of lenders such as Warren Buffet, Benjamin Graham and Martin Whitman.<br />

Timothy Travis, Founder<br />

T&T Capital Management<br />

THE SUIT MAGAZINE - NOV 2014<br />

T&T Capital focuses on deep<br />

value investment strategies<br />

for institutions, families<br />

and individuals. While<br />

founder Travis has always<br />

believed in the value investing model,<br />

<strong>to</strong> gain experience, he spent time with<br />

larger institutions, each with different<br />

practices. He worked for firms such<br />

as Scottrade, AG Edwards & Sons and<br />

Vanguard Group. After gaining the<br />

experience he needed, Travis formed<br />

his own company, intending <strong>to</strong> follow<br />

his passion. “I realized that if I were <strong>to</strong><br />

start a company offering what I believe<br />

<strong>to</strong> be the best product or investment<br />

philosophy – the value investment<br />

strategy offered at a reasonable price<br />

– that could be my competitive advantage.<br />

That's what I've done with T&T<br />

Capital Management,” Travis said.<br />

The Orange County, CA-based firm<br />

opened its doors in 2011.<br />

Seeking inves<strong>to</strong>rs willing <strong>to</strong> put investments<br />

in<strong>to</strong> companies undergoing<br />

a turnaround, T&T Capital Management<br />

typically requires a minimum<br />

$100,000 investment and a time horizon<br />

of between three and five years.<br />

Investments in companies can take<br />

the form of equity, bonds, warrants<br />

or other financing. “In addition, we'll<br />

utilize strategies such as cash-secured<br />

puts and covered calls <strong>to</strong> generate additional<br />

income, and <strong>to</strong> manufacture<br />

cheaper entry prices in<strong>to</strong> the s<strong>to</strong>cks,”<br />

Travis explained. “We never engage in<br />

speculation – and we're focused on the<br />

long term.”<br />

Client education is part of this practice.<br />

“I think we're a little bit unique.<br />

We've learned that by producing a<br />

lot of content, a lot of high-quality research<br />

and relaying that <strong>to</strong> our clients,<br />

we help with the education process<br />

and that makes them feel more comfortable.”<br />

The Value Model<br />

Value investing often targets companies<br />

and industries in trouble, as well<br />

as times when the market is on a downturn.<br />

This style of investing was developed<br />

as far back as the middle of the<br />

last century. “Benjamin Graham created<br />

the model from which I got started,”


explained Travis. “And then I read<br />

all the Buffet partnership letters and<br />

I read all of the Berkshire Hathaway<br />

shareholder letters. What I learned<br />

was that when Buffet was managing<br />

smaller amounts of money in the '50s<br />

and '60s, he posted his best results. He<br />

had a slightly different strategy than<br />

what he uses now.”<br />

Buffet broke his investments down<br />

in<strong>to</strong> two major categories. The first<br />

type were called “generals” – generally<br />

undervalued securities, which are<br />

similar <strong>to</strong> the types of non-controlling<br />

investments that Buffett and Berkshire<br />

still make <strong>to</strong>day in companies such as<br />

Wells Fargo (WFC) and IBM (IBM) .<br />

The second type of investments were<br />

“workouts,” which are special situations<br />

such as mergers, arbitrages<br />

and other situations where the investment<br />

results would be predicated<br />

on the outcome of a specific event, as<br />

opposed <strong>to</strong> a reflection of the overall<br />

market. “When the market was quite<br />

expensive, he would overweight the<br />

portfolios <strong>to</strong>wards those workouts,<br />

which is something I found very interesting,”<br />

Travis remarked.<br />

Travis instilled this strategy for<br />

T&T Capital Management. “We utilize<br />

things like selling cash-secured<br />

puts on s<strong>to</strong>cks that we want <strong>to</strong> own<br />

anyway, as a way <strong>to</strong> give us a little bit<br />

of protection when the market is expensive,<br />

and <strong>to</strong> manufacture cheaper<br />

entry prices in the s<strong>to</strong>cks,” said Travis.<br />

“It's a kind of derivative of his<br />

strategy. That's a model I think which<br />

makes us extremely unique – and one<br />

that mutual funds, ETFs, and most financial<br />

advisors could not emulate.”<br />

A Down Market<br />

Strategies like deep value investing<br />

work well in situations such as the financial<br />

crisis experienced in 2008 and<br />

2009. Yet the company didn't get started<br />

until 2011. “I wish I had the capital<br />

that I'm managing now during the<br />

financial crisis, because I saw things<br />

very clearly in 2008 and 2009, in terms<br />

of where the opportunities were,” insisted<br />

Travis. “At that time,” he noted,<br />

“Big firms such as American Express<br />

and Wells Fargo saw their shares drop<br />

<strong>to</strong> about $10 a share, and General Electric<br />

at one point traded at $6 per share.<br />

“It was extremely, extremely attractive<br />

– and especially with our longterm<br />

orientation – it would have been<br />

the perfect time <strong>to</strong> get going,” Travis<br />

emphasized.<br />

As the market recovers following<br />

those tumultuous years, pockets still<br />

exist where T&T Capital Management<br />

can see room for investment opportunities.<br />

T&T Capital Management's intent<br />

is <strong>to</strong> serve its clients. Travis said,<br />

“Because the bot<strong>to</strong>m line is, we're in<br />

the business of helping people grow<br />

their portfolios.”<br />

Cash Flow<br />

The companies that T&T Capital<br />

Management finds most attractive are<br />

companies that are out of favor, but<br />

don't require constant access <strong>to</strong> cash.<br />

“Smart businessmen buy businesses<br />

in times of recession or downturns in<br />

an industry,” Travis explained.<br />

Evaluation of prospective companies<br />

is key, reinforcing the company<br />

research that Travis and his firm supplies<br />

<strong>to</strong> its clients. Clients, on the other<br />

hand, must be comfortable with that<br />

research and allow time for investments<br />

<strong>to</strong> turn around. He said, “We<br />

look at things like the balance sheet,<br />

the cash flows and the durable competitive<br />

advantages of an operation.<br />

If we can buy that business at a deep<br />

discount <strong>to</strong> our estimate of intrinsic<br />

value, we're willing <strong>to</strong> do that and engage<br />

in what we believe <strong>to</strong> be a kind<br />

of time arbitrage.” Travis asserted,<br />

“If within three years we expect those<br />

earnings <strong>to</strong> recover and the s<strong>to</strong>ck is<br />

deeply undervalued, we're willing <strong>to</strong><br />

wait out those leaner years in the business,<br />

because that's the time <strong>to</strong> pick it<br />

up prior <strong>to</strong> the s<strong>to</strong>ck price going up.”<br />

T&T Capital Management<br />

Registered Investment Advisor<br />

2211 Michelson Suite 540 Irvine, Ca 92612<br />

Direct Line: 949-630-0263<br />

www.ttcapitalonline.com<br />

THE SUIT MAGAZINE p.85


y felix badea<br />

As the CEO of the Beringer<br />

Group based in Radnor,<br />

Pa., Beringer follows his<br />

own advice concerning business<br />

matters first and then<br />

passes the <strong>to</strong>rch <strong>to</strong> his clients.<br />

“Everything we do for clients<br />

we do for ourselves,”<br />

Beringer said. “My son is<br />

our president and we have<br />

our own succession plan. We<br />

manage our own assets the<br />

same way we recommend<br />

<strong>to</strong> our clients. When we are<br />

helping our family clients,<br />

what we do for them is what<br />

we have already done for<br />

ourselves. Our client families<br />

find that <strong>to</strong> be very useful.”<br />

Beringer said this creates<br />

an alignment in that his clients<br />

know that he, as a business<br />

owner, experiences and<br />

sees the same needs they<br />

have.<br />

His experience is particularly<br />

relevant in that Beringer<br />

travelled the road of selling<br />

a self-made business. In<br />

1979, Beringer founded The<br />

Mid-Atlantic Companies,<br />

Ltd., which grew substantially<br />

<strong>to</strong> become a nationwide<br />

advisory firm with offices in<br />

many of the major metropolitan<br />

areas. In 1998, he sold <strong>to</strong><br />

First Union Bank.<br />

Not quite ready <strong>to</strong> retire, in<br />

2000 he gathered some key<br />

members of his former team<br />

and formed ‘The Beringer<br />

Group,’ which not only enabled<br />

him <strong>to</strong> provide a higher<br />

level of service <strong>to</strong> a more targeted<br />

group of clients, but <strong>to</strong><br />

return <strong>to</strong> the family business<br />

INDEPENDENT ADVICE<br />

BASED ON OWN EXPERIENCE<br />

High net worth owners of family businesses searching for quality, independent<br />

advice on whether <strong>to</strong> sell, keep or transfer their life’s work as they approach their<br />

golden years might consider seeking out a professional such as Ted Beringer.<br />

THE SUIT MAGAZINE - NOV 2014<br />

model that had always been<br />

at the core of his passion.<br />

Aside from making his son,<br />

Chris Beringer, the president<br />

of the new effort, perhaps the<br />

most dynamic change was<br />

bringing John Fye and Brad<br />

Standridge on<strong>to</strong> the team in<br />

a special division located in<br />

Tampa. The Tampa office has<br />

accelerated the growth of the<br />

company by pioneering new<br />

marketing initiatives and<br />

making TBG services available<br />

<strong>to</strong> a long list of new clients<br />

in fresh and innovative<br />

ways.<br />

The Beringer Group web<br />

site, which uses a golf motif<br />

<strong>to</strong> help visi<strong>to</strong>rs learn about<br />

their services, reflects this<br />

new dynamic approach,<br />

rooted in proven, time tested<br />

strategies. A full 18 rounds<br />

provides complete information<br />

regarding the firm’s<br />

services, including analysis<br />

of buy/sell options, different<br />

types of structured buyout<br />

options, employee ownership<br />

programs, debt restructuring,<br />

succession plans and<br />

how <strong>to</strong> set up a family office<br />

among many other <strong>to</strong>pics.<br />

After a visi<strong>to</strong>r plays a full<br />

round, they can “put down<br />

their golf bag”, take a break<br />

and get <strong>to</strong> know the staff at<br />

The Beringer Group and arrange<br />

for a meeting.<br />

The approach drives home<br />

the point that business owners<br />

eventually ought <strong>to</strong> be<br />

headed <strong>to</strong> retirement and<br />

Beringer said he regularly<br />

gets very positive feedback.<br />

“I don’t know how many<br />

people complete the full<br />

round, but it does spark a lot<br />

of conversation with potential<br />

clients,” he said.<br />

the BERINGER group<br />

201 King of Prussia Rd.,<br />

Suite 340<br />

Radnor, PA 19087

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