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Venture Forum draws 33 companies, 300 attendees to Buffalo
More than 30 businesses from around the state participated in the recent 2012 Venture Forum in Buffalo. The event, held May 16 and 17, was a partnership between two long-running venture forums — Buffalo Niagara’s Bright Forum and the Albany–based Center for Economic Growth SmartStart UNYTECH Forum, an upstate New York event that travels to […]
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More than 30 businesses from around the state participated in the recent 2012 Venture Forum in Buffalo.
The event, held May 16 and 17, was a partnership between two long-running venture forums — Buffalo Niagara’s Bright Forum and the Albany–based Center for Economic Growth SmartStart UNYTECH Forum, an upstate New York event that travels to different locations.
Three companies from Central New York — iMuzik, Georeader, and Full Circle Feed — were among the 33 that pitched to angel investors and venture capitalists during the event. The forum drew an audience of more than 300 people, including nearly 60 investors from New York and elsewhere.
“The high quality of the presenters we attract each year is a testament to the wealth of innovation we have in upstate New York,” Jeff Lawrence, Center for Economic Growth executive vice president for technology, said in a news release.
The 2012 Venture Forum’s featured keynote speaker was Victor Thorne, director of Ohio TechAngel Funds, the largest angel group in the United States. The forum was held at the University at Buffalo’s Center for the Arts and Statler City and at the Albright Knox Art Gallery.
“These forums give us the opportunity to showcase our very best early-stage companies,” Marnie LaVigne, University at Buffalo associate vice president for economic development, said in the release. “Investors travel from all over upstate New York, the eastern United States and Ontario, Canada to attend because they see the value and promise in the technologies emerging from our region.”
Fulton Medical Center renovations well-received, executive says
FULTON — The Fulton Medical Center received positive reviews from staff members and Fulton residents as new and renovated offices opened earlier this year, according to an executive at the organization that owns the facility. “Our staff was able to come together in one building to provide a more efficient customer-service experience in one location,”
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FULTON — The Fulton Medical Center received positive reviews from staff members and Fulton residents as new and renovated offices opened earlier this year, according to an executive at the organization that owns the facility.
“Our staff was able to come together in one building to provide a more efficient customer-service experience in one location,” says Jeffery Coakley, the vice president for strategic services at Oswego Health, which owns the Fulton Medical Center in the former A.L. Lee Memorial Hospital building at 510 S. Fourth St. in Fulton.
“They’ve been able to enjoy coming together as a team and having a new facility to provide a higher level of care,” Coakley says. “We’ve had a number of people that have told us how their individual experience there has been positive.”
New portions of the medical center, which is slightly less than 70,000 square feet, opened over a several-month period beginning in 2012. On Feb. 27, a medical imaging department, women’s health suite, and laboratory started taking patients, and a café launched. On Feb. 29, an occupational-health suite began serving businesses. And on April 10, a physical therapy department started rehabilitation.
Those departments’ openings followed the Fulton Medical Center’s urgent-care moving. The urgent care relocated to a renovated office in the center Oct. 6. It had been operating in the building in a temporary space since April 2009, after Lee Memorial Hospital closed.
The medical center’s new imaging department handles X-rays, digital fluoroscopy, magnetic resonance imaging, electrocardiography, and computed tomography. It has two digital X-ray rooms with dual energy, which can take two simultaneous scans of the chest or abdomen.
The new women’s health suite, which is adjacent to the imaging department, has equipment for digital mammograms, bone-density screenings, and ultrasound testing. The suite is designed to offer patients privacy.
The Fulton Medical Center’s new laboratory has three stations. The center’s occupational-health department specializes in pre-employment physicals and other testing for employers.
Finally, the center’s physical therapy suite includes a 1,300- square-foot gym. It provides physical therapy, occupational therapy, and speech therapy.
“The therapy department is on a lower level of the building that is accessed off Park Street,” Coakley says. “There’s convenient parking on that lower level for patients that need convenient access to ambulate to that physical therapy service.”
The number of patients visiting the medical center’s urgent care has increased more quickly than expected. Oswego Health originally projected that the urgent care would see 22,000 patients in 2012, but it upped that number to 23,500 patients based on the volume of people visiting the facility in the first four months of the year, Coakley says.
Oswego Health expects 62,000 total patient visits at the Fulton Medical Center in 2012 — including the urgent care, laboratory, imaging center, and other offices. The center employs 53 people, and Oswego Health estimates 60 percent of those employees are new positions created since April of 2009.
The medical center is in line for one more new office this year. About 5,300 square feet of vacant space on the building’s lower level is earmarked for a primary-care center, Coakley says.
“We’re doing that in collaboration with Oswego County Opportunities, which has a primary-care site in the Lee Medical Office Building next door that would move,” he says.
Construction on the space is set to start later this year and should not be extensive, Coakley adds. He did not have a projected completion date.
“The bulk of that space has been prepared for the build-out, so the mechanical systems in the building, the electrical systems in the building, plumbing systems, have all been prepared to meet the needs of that new space,” Coakley says. “It’s just fitting out that space and attaching to those systems.”
The primary-care construction will cost about $800,000. Oswego Health will fund the project using state health contingency funding, according to Coakley.
Syracuse–based Hayner Hoyt Corp. will be the primary-care project’s general contractor, and Syracuse–based King + King Architects LLP will be its architect. Those firms held those roles throughout the Fulton Medical Center renovation project.
Oswego Health started its overhaul of the former hospital building after purchasing it in December 2010 for $1.5 million. The price tag for turning the former hospital into the Fulton Medical Center was $22.3 million — a price that does not include the planned primary-care construction.
Oswego Health paid for the Fulton Medical Center project using $17.8 million in HEAL NY grant funding from the New York State Department of Health. It also used $4.5 million in legislative grants.
The renovated medical center includes a new lobby and a kitchen and laundry area leased by the Andrew Michaud Nursing Home, which sits next door.
First Niagara likely to open more CNY branches after wrapping HSBC deal
With its acquisition of HSBC’s upstate New York branch network complete, First Niagara Financial Group, Inc. (NASDAQ: FNFG) now plans to fill in some of the remaining gaps in its new footprint. That will likely mean new branch openings in the bank’s Central New York region, which includes Syracuse and Utica, says Mark Rendulic, First
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With its acquisition of HSBC’s upstate New York branch network complete, First Niagara Financial Group, Inc. (NASDAQ: FNFG) now plans to fill in some of the remaining gaps in its new footprint.
That will likely mean new branch openings in the bank’s Central New York region, which includes Syracuse and Utica, says Mark Rendulic, First Niagara executive vice president for retail banking. Buffalo–based First Niagara closed its acquisition of the HSBC locations May 18 and converted them over the following weekend.
The branches reopened as First Niagara locations May 21.
The bank didn’t achieve quite as much branch density in Central New York with the HSBC deal as it did in some other markets. First Niagara is looking especially closely at Syracuse, Rendulic says.
“It’s a market where we think our model will play extremely well,” he says. “We expect to fill in the footprint further.”
First Niagara first announced plans to acquire 195 HSBC locations in Upstate, Westchester County, and Connecticut in July.
The HSBC deal will net First Niagara 100 new branches, following planned closures and divestitures, and adds more than 1,200 new employees to First Niagara’s work force.
The branches bring $9.8 billion in deposits and $1.6 billion in loans. First Niagara now has nearly 430 branches with $38 billion in assets, $29 billion in deposits, and about 6,000 employees in New York, Pennsylvania, Connecticut, and Massachusetts.
First Niagara has already closed 16 of its own branches as part of the deal and will close another 19 HSBC branches. First Niagara will also sell off 64 branches to KeyBank, Five Star Bank, and DeWitt–based Community Bank in the coming months, says
The HSBC deal more than doubles First Niagara’s Upstate branch network to 200 locations. It also makes the bank a major player in the Syracuse, Utica, and Binghamton markets.
First Niagara now has a total of 36 branches in its Central New York region and it brought on more than 200 employees in the market. In Binghamton, the bank now has eight offices and added more than 60 people.
Six HSBC branches in Central New York are on the list to be closed. They included one in Auburn, two in Syracuse, one in Cicero, one in Cortland, and one in Rome.
No further branch closings are expected after the current round and the bank expects to retain all 1,200 HSBC employees it brought on board for the long haul, First Niagara President and CEO John Koelmel says.
“Our focus is on building up and out,” he says. “This is a play for us to increase our presence and accessibility for customers.”
First Niagara was able to retain more than 93 percent of the customer base involved in the HSBC deal, Koelmel adds. The HSBC team did a solid job keeping that business in place, he says.
“This was a sticky customer base,” he says. “They weren’t price shoppers. They didn’t chase rates. HSBC did a great job of building and leveraging relationships. They didn’t make it a product-focused group.”
For the first quarter, net income available to common shareholders at First Niagara totaled $54.8 million, up from $44.9 million a year earlier. The banking company earned 16 cents a share for the period, down from 22 cents a share a year earlier.
Eaton plans for Cooper Crouse-Hinds are uncertain
Salina — The local effects of Eaton Corp. acquiring Cooper Industries plc, the parent of Cooper Crouse-Hinds, won’t be known until after the deal’s closing, which is at least several months away. Eaton (NYSE: ETN), currently based in Cleveland, announced on May 21 that it has reached an agreement to acquire Dublin, Ireland–based Cooper Industries
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Salina — The local effects of Eaton Corp. acquiring Cooper Industries plc, the parent of Cooper Crouse-Hinds, won’t be known until after the deal’s closing, which is at least several months away.
Eaton (NYSE: ETN), currently based in Cleveland, announced on May 21 that it has reached an agreement to acquire Dublin, Ireland–based Cooper Industries (NYSE: CBE). The cash and stock deal is valued at about $11.8 billion.
It will bring together Eaton, which generated $16 billion in revenue in 2011, and Cooper Industries, which produced $5.4 billion in revenue that year. Eaton manufactures products for managing electrical, hydraulic, and mechanical power. Cooper Industries makes electrical components and tools.
The deal will include the Cooper Crouse-Hinds division of Cooper Industries that is headquartered in Salina at the corner of Wolf Street and 7th North Street. Cooper Crouse-Hinds produces electrical equipment for harsh and hazardous environments. It generates about $1 billion in annual sales.
However, Eaton cannot share any plans for Cooper Industries or its divisions until after the acquisition is complete, according to its chairman and CEO, Alexander Cutler.
“There are lots of specifics to be worked out, and we’ll be able to talk more about them post-closing,” Cutler said during a conference call to discuss the deal.
Eaton expects the acquisition to close in the fall of this year. Before that, Irish law prohibits the company from having much contact with Cooper Industries, according to Gary Klasen, an Eaton spokesperson.
“The fact that Cooper Industries is in Ireland, there are very strict rules about us interacting with them until the deal goes through,” he says. “It’s going to be a while before we have any information and can work with the facilities and actually have contact with anybody.”
The timeline for closing is imprecise because the acquisition must still receive regulatory approvals, including sanction from the High Court of Ireland, according to Eaton. Plus, a majority of Cooper Industries shareholders and two-thirds of Eaton voting shareholders must vote in favor of the transaction.
The shareholder votes are set for August. Both companies’ boards of directors have already unanimously recommended the deal.
After an acquisition, Eaton typically sends groups to evaluate a company’s operations, Klasen says.
“Once the transaction closes, we put together what we call integration teams, and they work with the different locations, facilities,” he says. “They look at the synergy areas. Once they have some specifics, they’ll share that first with employees.”
Eaton projects $375 million in operating synergies from the Cooper Industries deal by 2016. Savings in operating costs would make up $260 million, with the remaining $115 million coming from sales.
The company provided no further details on how that might affect Cooper Crouse-Hinds in Salina or any of the division’s five other major locations. Cutler did mention the division during his conference call, describing it as a “great industry name.”
“[It is] a global leader in solutions for harsh and hazardous environments, another great addition, another complementary set of capabilities for Eaton,” he said.
Acquisition details
Eaton will reincorporate by forming a new company in Ireland after it closes on the Cooper Industries deal. The company will take the name Eaton Global Corp. Plc, or a version of that moniker. Eaton believes it will trade on the New York Stock exchange under the ticker symbol ETN.
The move to Ireland will save about $160 million per year in cash management and tax benefits, the company projects.
Eaton will pay Cooper Industries shareholders $39.15 in cash and give them 0.77479 shares of the new company’s stock for each Cooper Industries share they hold. Eaton shareholders will receive one share of the new company’s stock for each of their Eaton shares. That will give current Eaton shareholders about 73 percent of the company, while Cooper Industries shareholders will have 27 percent of it.
Eaton plans to finance the acquisition using debt, cash, and equity. It has $6.75 billion in fully underwritten bridge financing from Morgan Stanley Bank, N.A., Morgan Stanley Senior Funding, Inc., and Citibank, N.A., Cutler said. It expects to refinance the bridge loans in the future by issuing new term debt and using cash on hand. The company may also sell some assets to fund the refinancing.
Just under half of the new company’s sales, 49 percent, will be in the United States, Cutler said. Another 25 percent will be in emerging international markets, and 26 percent will be international sales in developed markets.
Cooper Industries will boost Eaton’s sales of electrical products, Cutler said. Of Eaton’s 2011 sales, 45 percent were electrical products, while the rest were a mixture of hydraulics, aerospace, truck, and automotive products. Cutler projected that 59 percent of the company’s sales will be electronics after the acquisition.
Eaton is aiming for annual sales growth between 12 percent and 14 percent by 2015, according to Cutler.
“We are convinced that this combination of our businesses creates a highly, highly attractive enterprise with increased growth and earnings capabilities going forward,” he said.
Cooper Industries referred all requests for comment to its senior vice president and CFO, David Barta. He did not respond to multiple telephone messages.
Eaton Corp. employs 72,000 people worldwide, while Cooper Industries has 26,000 global employees.
Health-care career program gives students hands-on experience
ONEIDA — For Ryan Duke, a senior at Oneida High School, participating in the Allied Health Partnership helped him solidify his decision to become a surgeon. For others, the career-exploration program by Oneida Healthcare Systems, Inc. and Madison-Oneida Board of Cooperative Educational Services (BOCES) may help them decide they want to specialize in a different
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ONEIDA — For Ryan Duke, a senior at Oneida High School, participating in the Allied Health Partnership helped him solidify his decision to become a surgeon.
For others, the career-exploration program by Oneida Healthcare Systems, Inc. and Madison-Oneida Board of Cooperative Educational Services (BOCES) may help them decide they want to specialize in a different health-care profession than they originally thought, or even allow them to see that a career in health care is not for them.
The whole purpose of the program is to help high-school seniors interested in careers in health care gain first-hand knowledge of those careers before moving on to college.
That’s important on several levels, says John Margo, director of human resources at Oneida Healthcare Center. First, it helps ensure students are on the right path before they spend tens of thousands of dollars on college. It’s better to find that out before the third or fourth year of pre-med studies, which is typically when college programs begin introducing the clinical elements of
the program.
Second, the Allied Health Program gives its students an edge over their competitors when applying for college, Margo contends. Not only does the program provide its students a full school year of training where they spend three days of the week in clinical settings in the hospital, he says, but it also gives students a gold star on their school records as it is a very selective and competitive program. Using a competitive application process, program coordinators typically select 10 students per year to participate. The students hail from the nine component school districts of Madison-Oneida BOCES, which include Camden, Canastota, Hamilton, Madison, Morrisville-Eaton, Oneida, Rome, Stockbridge Valley, and Vernon-Verona-Sherrill.
Finally, Margo says, the program helps kick-start the process that turns out qualified health-care professionals that organizations like Oneida Healthcare can hire.
“It benefits the broader health-care arena,” he says, no matter where those students end up working. “You’ve got to nurture it at this level.”
Students spend the year mixing hands-on experience with classroom instruction, says Tracy Merrell, program instructor. “They do leave here really well-prepared academically, and they leave here with a whole year of hands-on experience as well,” she says.
All the students start with an orientation — the same orientation any new employee at Oneida Healthcare would go through, Margo says. Then, throughout the year, the students move through different modules that give them a taste of everything from budgeting in the business office to radiology, obstetrics, geriatrics, physical therapy, pharmacy, dietary, infection control, and surgery.
That hands-on surgery experience is what helped Duke reaffirm his decision to pursue a career as a surgeon, but has also left him open to pursuing other options that he wasn’t aware of before participating in the program.
“It’s not the TV side of it,” he says of what he has experienced in the Allied Health Partnership. The program is the one of the most difficult academic challenges he has taken on, and Duke says he will graduate from the program with a lot more than just health-care experience.
The program has helped him hone his public-speaking skills, provided knowledge of economics in a real-world setting, and has even helped him learn to juggle multiple tasks, he says. All of that will benefit Duke when he attends SUNY Albany next fall, where he will major in biology.
The program also helped Duke realize that he doesn’t need to relocate to a big city somewhere in order to have a career as a surgeon after he had a chance to watch a da Vinci surgical robot in action at Oneida Healthcare.
“There are a lot of opportunities in an area like this,” he says.
Duke and his fellow students will end this year’s program by preparing and presenting a final project before spending their final two weeks in a “mini internship” that focuses on the field of their choice.
Oneida Healthcare Systems, Inc., which operates as Oneida Healthcare Center (www.oneidahealthcare.org) at 321 Genesee St., Oneida, is a 101-bed acute-care and 160-bed skilled-nursing facility, according to the information contained in its 2009 Form 990 (the most recent year available) on file at www.guidestar.org. Oneida Healthcare saw 3,520 inpatients and 135,535 outpatients that year, and also served 154 residential-care patients on a daily basis. The hospital, which employs just over 1,000 people, reported revenue of $74.9 million and expenses of $71 million.
Created in 1968, Madison-Oneida BOCES (www.moboces.org) provides educational programs for students of its component districts.
Datacom seeks growth with new Albany–area partner
DeWITT — Datacom Systems of DeWitt is teaming up with Clifton Park–based nfrastructure in a move that Datacom executives say will bring the company new business in New York and around the country. Datacom manufacturers devices used in data networks, while nfrastructure helps large organizations design, build, and operate those networks. The partnership will help Datacom
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DeWITT — Datacom Systems of DeWitt is teaming up with Clifton Park–based nfrastructure in a move that Datacom executives say will bring the company new business in New York and around the country.
Datacom manufacturers devices used in data networks, while nfrastructure helps large organizations design, build, and operate those networks.
The partnership will help Datacom products find their way to new clients and new markets, says Tim Crofton, vice president for business development and product management at Datacom. Its products are currently used by credit-card companies, stock exchanges, and banks, among others.
Nfrastructure, he notes, is a nationwide company. The firm has a presence in New York City, Dallas, Las Vegas, Chicago, Los Angeles, and Charlotte, N.C.
“As a manufacturer, we can’t be everywhere all the time,” Crofton says. “We’re hoping the partnership will help get our products out there.”
The companies will point new business toward each other and in some cases work jointly on projects for specific customers, Crofton says.
Brett Johnson, national channel director for Datacom, has known a number of the principals and salespeople at nfrastructure for years.
“It’s a natural fit for where they’re going and where we’re going,” he says of the partnership.
In particular, the relationship could help Datacom develop more work with state government, Johnson says. Nfrastructure already does a good deal of work for state agencies and especially the State University of New York system, he says.
The company recently won some significant contracts for monitoring and managing some state data centers and networks.
Crofton notes that most people don’t think of New York companies as a potential source for technology products. He says he often asks customers based in New York how long it’s been since they put something in their networks that was designed and built in the state.
“Most of them say never,” he says. “We’re trying to change that.”
For nfrastructure, the partnership with Datacom will help differentiate the firm from its competitors, Crofton says.
Datacom’s products are an additional component in nfrastructure’s portfolio that will help the company give its customers more complete service, nfrastructure Chairman and CEO Daniel Pickett said in a news release.
“Together, our customers will realize unlimited opportunities to create business advantage,” he said.
Datacom, founded in 1992, is based in a 16,800-square-foot facility at 9 Adler Drive in DeWitt. The company has a four-person software-development group in Utica and employs 26 people at its headquarters. Datacom declined to disclose its annual revenue.
The company’s majority owner is Wellesley, Mass.–based Gemini Investors, which acquired its stake in the manufacturer in 2008. Several company managers are also minority owners.
Kevin Formby became Datacom’s president and CEO earlier this year (see Feb. 20 issue of The Central New York Business Journal). His predecessor, Sam Lanzafame, remains chairman.
Historic Skaneateles building bought by local developers
Commercial tenants to stay on ground floor; luxury apartments to be ready this summer SKANEATELES — A team of local developers has purchased the Seitz Building in Skaneateles for $2 million. The building had been in foreclosure since last year, The developers are Ted Kinder, vice president and co-founder of MCK Building Associates; Robert
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Commercial tenants to stay on ground floor; luxury apartments to be ready this summer
SKANEATELES — A team of local developers has purchased the Seitz Building in Skaneateles for $2 million. The building had been in foreclosure since last year,
The developers are Ted Kinder, vice president and co-founder of MCK Building Associates; Robert Medina, president of MCK; Robert Neumann, owner of Erie Materials; and Chris Kinder, of New York City.
The building, built in 1822 at the corner of West Genesee and Jordan streets, went into foreclosure last year when a Long Island developer defaulted on a $5 million loan just as the renovation was being completed. Chris Kinder worked with First Trade Union Bank to purchase the delinquent note.
The investors took ownership of the building after an auction completed the foreclosure process on May 2.
The investors say they bought the building for two main reasons. First, three of the four partners are from Skaneateles and wanted to see the building in the hands of local people. Second, they felt it would be a good financial investment in a prime piece of real estate, says Ted Kinder.
The Seitz Building currently has four commercial tenants on the ground floor — Skaneateles 300, the Irish Store, Kabuki, and Hobby House Toys. The new owners would like to keep them in place.
There is one vacant commercial unit where Morris’s Grill had occupied prior to 2009. The developers intend to lease that space to a similar type of operation.
“Our group is excited about the acquisition of the historic Seitz Building. It fits the type and class of building that this partnership specializes in throughout Central New York,” Kinder says. “We look forward to working with the existing fine commercial tenants already in the building and renting the beautiful apartments on the upper floors. In terms of the Old Morris’s Grill space, we intend to seek out a tenant who will operate a bar and grill in the same spirit and philosophy that Morris’s operated under for over 50 years.”
The second and third floors of the Seitz Building, which currently consist of 10 residential units, will be home to 10 luxury rental apartments, ranging from one bedroom to two bedrooms with a den. They will offer granite countertops, hardwood floors, indoor parking, and lake views.
Interested tenants can tour the units immediately, but it will be a couple of months before the apartments will be ready for a move-in.
The Sutton Companies, a Syracuse–based real-estate management and brokerage firm, will manage the Seitz Building.
This article was drawn from the May 9, 2012 issue of the Skaneateles Press. Jason Emerson is the editor of the Skaneateles Press.
Hofmann, Heid’s start distribution, promotion partnership
SYRACUSE — Hot on the heels of the announcement of its new ownership, Hofmann Sausage Company revealed that it has once again started distributing its products directly to the well-known Heid’s of Liverpool hot-dog restaurant. The deal also includes co-promotion of the Hofmann and Heid’s brands through website ads and links. The businesses provided no
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SYRACUSE — Hot on the heels of the announcement of its new ownership, Hofmann Sausage Company revealed that it has once again started distributing its products directly to the well-known Heid’s of Liverpool hot-dog restaurant.
The deal also includes co-promotion of the Hofmann and Heid’s brands through website ads and links. The businesses provided no financial terms of the partnership.
New Hofmann Sausage Company CEO Frank Zaccanelli pushed for the distribution and co-promotion deal to smooth the rift created in 1993 when Heid’s dropped Hofmann products to market its own brand. Heid’s again started selling Hofmann hot dogs in 1997, but purchased the products through a third-party distributor.
“I think it’s very prudent to have these two iconic businesses doing business together,” Zaccanelli says. His goal as the new owner of Hofmann is to sell hot dogs, he says. “So, if we can sell more hot dogs working with a great restaurant, why wouldn’t we?”
Heid’s opened as a hot-dog stand in Liverpool in 1917 and grew to several outlets in the 1990s. John Park and his family bought the original Liverpool location in 1995, and it is now the only remaining Heid’s restaurant.
“The big fight between Hofmann and Heid’s was before my family owned the restaurant,” Parker said in a press release. “We brought back Hofmann, which has always been there for us. The two brands have a 90-plus-year history together and we hope to have another 90 years.”
Zaccanelli Food Group of Dallas, along with a group of investors, including Oneida Nation Enterprises, acquired Hofmann Sausage Company earlier this month in a multi-million-dollar deal. The investor group plans to transition Hofmann from a regional brand to a national and even international brand, starting with a distribution deal at Albertson’s Grocery Stores in the Dallas area. Hofmann investor Phil Romano, who created Macaroni Grill and Fuddruckers, plans to open a national chain of Hofmann World’s Greatest Hot Dogs restaurants.
The deal with Heid’s won’t interfere with any restaurant plans, Zaccanelli says. His plan with Romano includes opening the first Hofmann restaurants in the Dallas area before moving on to other cities that are home to NFL franchises. There are no plans to open any Hofmann restaurants in Central New York, he says, because the area already has a great hot-dog restaurant in Heid’s.
Hofmann (www.hofmannsausage.com) is a meat manufacturer and distributor based in Syracuse that employs nearly 40 people and offers more than 80 products online and at a variety of retail locations.
EBRI: Employment-based health coverage continues to shrink
A new report by the nonpartisan Employee Benefit Research Institute (EBRI) shows that the percentage of workers with employment-based health-insurance coverage continues to decline. The EBRI analysis, which looked at month-by-month health-coverage rates before, during, and after the recession, finds that the brief uptick in employment-based health insurance immediately after the recession has not endured.
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A new report by the nonpartisan Employee Benefit Research Institute (EBRI) shows that the percentage of workers with employment-based health-insurance coverage continues to decline.
The EBRI analysis, which looked at month-by-month health-coverage rates before, during, and after the recession, finds that the brief uptick in employment-based health insurance immediately after the recession has not endured.
Employment-based health benefits are the most common form of health insurance for non-poor and nonelderly individuals in the United States, covering 69 percent of workers, 35 percent of nonworking adults, and 55 percent of children, according to EBRI.
Between December 2007, when the most recent economic recession officially started, and June 2009, when the recession technically ended, the percentage of workers with coverage in their own name fell from 60.4 percent to 56 percent. While that ticked up almost 1 percentage point by the end of 2009, the coverage rate fell to 55.8 percent by April 2011.
“While the link between health-insurance coverage and employment has long been known, these data underscore the degree to which unemployment rates directly affect the levels of the uninsured in the United States,” Paul Fronstin, director of EBRI’s Health Research and Education Program and author of the report, said in a news release.
While the percentage of workers with coverage has ebbed and flowed with the economy and health-care costs, trends in the percentage of workers offered insurance coverage and the percentage of workers taking coverage when offered have remained steady. The EBRI report notes that most uninsured workers reported that they did not have coverage because of cost — anywhere from 70 percent to 90 percent over the December 1995−July 2011 period.
The analysis examines employment-based health-benefit coverage rates on a monthly basis from December 1995 to July 2011, to allow for more accurate identification of changes in trends, and to more clearly show the effects of recessions and unemployment on coverage, EBRI says.
The Employee Benefit Research Institute (www.ebri.org) describes itself as a private, nonprofit research institute based in Washington, D.C., that focuses on health, savings, retirement, and economic security issues.
“What do you mean, there is more to regulatory compliance than Medicaid or Medicare?” “Why do these government enforcement agencies keep pestering us?” “Don’t they know our budgets are tight and we don’t have time or money for self-policing ourselves?” If you could be a fly on the wall, you could have heard the above
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“What do you mean, there is more to regulatory compliance than Medicaid or Medicare?”
“Why do these government enforcement agencies keep pestering us?”
“Don’t they know our budgets are tight and we don’t have time or money for self-policing ourselves?”
If you could be a fly on the wall, you could have heard the above questions and many more being asked by clients frequently over the past several years.
It is true that the federal Medicare program initiated regulatory-compliance audits several decades ago. In New York, the formation of the Office of the Medicaid Inspector General (OMIG) in 2005 significantly increased the expectation of government payers on regulatory compliance.
Medicaid spending is the single largest component of the New York State budget and represents a prominent budget item for the state’s counties. Medicaid is a jointly funded (federal, state, and county) program adopted by the legislature in 1965, along with the federal Medicare Program.
Here we are, roughly 50 years later, and 26 percent of New York State residents qualify for Medicaid assistance. At the same time, various estimates place annual fraud and abuse in New York’s Medicaid Program in the billions of dollars.
However, the purpose of this column is to expand the scope of compliance efforts in your organization to adequately cover increasing risks of noncompliance with many other government regulatory requirements.
As is often the case, please don’t shoot the messenger. The level, scope, and breadth of government regulatory auditing has increased dramatically just in the last five years.
Picture this. Your regulatory compliance program must now assess risk from the following enforcement agencies:
Internal Revenue Service (IRS); Department of Labor (DOL) – federal/ state; NYS sales tax; Office of Civil Rights (OCR); Single
Audit under OMB A-133 — federal Office of the Inspector General and various state funding sources; federal and state cost reporting — unallowable and questioned costs; New York Charities Bureau — fundraising regulations; information technology security/controls.
I could spend a column on each of the above areas. However, I believe that a brief example of risk in each of these regulatory areas will allow the reader to assess whether more should be done in your organization to implement corrective action.
Please consider the following in your annual compliance risk assessment process:
1) IRS. The IRS Form 990 was substantially revised in 2008. After allowing for nonprofits to become compliant over the past several years, it is now your responsibility to ensure that the answers to Form 990 questions are, in fact, being followed.
The IRS is stepping up its field audit of nonprofit Form 990s, with particular focus on the following areas:
a. Board oversight of executive-compensation/benefits
b. Section 4958 of the Internal Revenue Code
c. Disclosure and documentation regarding conflicts of interest
d. Compliance with IRS filing requirements; pay particular attention to Form 1099 — is the individual an independent contractor or employee?
e. Board governance and related party transactions. Are transactions recorded at fair market value?
f. DOL. If you have hourly employees eating lunch at their desks/cubicles, you may have a serious problem. If you have a unique paid time-off policy, you may have a serious overtime issue. Finally, do your “exempt” employees really qualify as managers/supervisors?
2) State sales tax. In the past several years, without question, the most significant increased scrutiny is of tax-exempt organizations. But, you might say, aren’t we tax-exempt? Not necessarily. Pay particular attention to your fundraising activities and any services you may provide to for-profit organizations or individuals. The sales-tax rules are complex. If you are not registered to receive sales-tax regulatory changes, I would strongly suggest you consider registering tomorrow.
3) OCR. Remember HIPAA, that legislation passed in 1996 that defined protected health information (PHI)? If your organization is responsible for maintaining the confidentiality of PHI for individuals served, please be sure that someone in your organization has primary responsibility for knowing and complying with these regulations. A brief visit to the OCR website will “open your eyes” about the substantial risks associated with fines and penalties for noncompliance.
4) A-133 single audit. This federal legislation, adopted indirectly by New York State, was originally passed in 1984. You would think after more than 25 years, all nonprofits would be as “clean as a whistle” regarding federal and state cost/grant reporting requirements.
Unfortunately, this is not the case, and increased enforcement of regulatory requirements has been the reality of the past five years. In order to assess your risk, ask your external auditors if and when their firm has been visited/audited by the federal Inspector General. If the answer is no, you must evaluate the firm’s expertise and qualifications to properly conduct a single audit in accordance with Yellow Book Standards.
5) Federal and state cost reporting. A risk area closely aligned with single audits. However, most cost reports are subject to specific requirements of the state funding source, as published in the New York Code of Rules and Regulations (NYCRR). If you do not have someone in your organization designated as the NYCRR monitor, assign this responsibility tomorrow.
6) NYS Charities Bureau. Virtually every nonprofit organization in New York State does some form of fundraising. Most organizations are registered with the New York State Charities Bureau, a division of the attorney general’s office. However, many organizations are relatively clueless about the rules and regulations governing fundraising events and activities. This is particularly true for raffles, games of chance, and fundraising in direct competition with for-profit entities.
7) Information-technology security/controls. Continued advances in technology, both from a cost and sophistication perspective, threaten the vast majority of tax-exempt organizations. This is particularly true for smaller nonprofits with annual budgets below $10 million. Number one on your risk assessment in the IT area is whether or not your network is adequately protected from outside unauthorized access (i.e., hackers).
There are myriad technology-related laws and regulations. Once again, I would recommend that you assess your internal IT capabilities and competence, as well as ask your external audit firm regarding its expertise in this area. The cliché, “What you don’t know, can’t hurt you,” definitely does not apply in the area of technology risk.
There you have it. One of the most important elements of an effective regulatory compliance program is your ability to identify and address risks where they do, in fact, exist. Use the list above, together with Medicare and Medicaid, for purposes of preparing and completing an annual compliance work plan for your organization.
Gerald J. Archibald, CPA, is a partner in charge of management advisory services at The Bonadio Group. Contact him at (585) 381-1000, or via email at garchibald@bonadio.com
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