By Janie Pritchett-Clark

The rally behind “Yes, We Can” hasn’t gone viral with HR 3962, the Health Care Reform Bill signed into law March 23. Some say the 2,000-page legislation is akin to starting a foreign language class: clueless, confusing, and chary.

What effect will it have on your health care plan? What is it going to cost you? “We didn’t get a whole lot of answers,” says Leesa Davis, fresh from the Society of Professional Benefit Administrators annual legislative conference in Washington D.C.

“No one knows. And that comes from the top down.” Davis is President of SB Howard & Company, a third party administrator in Rogers.

The agenda for this year’s conference was healthcare reform.

“Those writing the healthcare bill’s regulations are sequestered behind closed doors trying to come up with its rules and explanations, and they’re having a hard time understanding what it says,” explains Davis. “That information was disclosed by a White House staffer.”

Clearly, the underlying push is to give everyone good healthcare. There are more agreeable ways to do that, says Davis. “There are approaches that don’t require 2,000 pages of legislation. Ultimately, the bill has the possibility of destroying employer-based plans, which is going to put many more people on the uninsured list and exacerbate the very problem they are trying to fix.”

The bill is so plagued by myth and misinformation that many small businesses owners have shrugged the problem from their shoulders.

“When it was a hot topic in mainstream media I was pretty up on what was going on. Now it’s just not flavor of the week,” says James Hood, Hollywood Stars Pizza in Fort Smith. “They’ve made it so bulky you don’t know what you are reading anyway.”

Hood has six employees between the ages of 17 and 30-something. None has insurance.

“I am concerned. If what I perceive to be the costs, I may have to rethink my business.  It could be a cost of doing business such that it’s not going to be worth it. That’s a lot of offset for pizza,” he says.

Tom Kirkham is the CEO of Kirkham Systems, a computer software and design company based in Fort Smith. The company has eight full time employees currently insured through the company.

“My impression from a high level perspective is that it’s nothing more than enlarging the total number of insured and everybody is going to have private insurance. I don’t know where the cost savings are going to come from,” says Kirkham.

Both Hood and Kirkham say they will look to their insurance company for help and information to plan their approach as compliance deadlines draw near.

Yet, the insurance people don’t know either.

“Anybody who gives you insight currently is lying to you,” says Andy Jackson, Owner/Agent of Group Benefits Network based in Fort Smith. “There are so many gray areas they are still working out.”

He is reminded of HIPPA, the huge, slow moving beast that took more than three years to iron out its wrinkles.

“The insurance professional is the person to seek your answers from,” says Jackson, “and they need to be taking a proactive role with their clients.

“As things change we will be working with national associations to conduct and attend web conferences and training seminars. We’ll be scheduling opportunities for our clients to log in to these conferences. We will take a proactive role. We’ve got to.”

Davis says, “My clients are just not going to accept, ‘I don’t know’.  At least I came away from the conference armed with short term guidance. They will be grandfathered in to have some leeway in terms of compliance.”

“All in all,” she says, “we all have to be more proactive. Go talk to your congressman now,” she suggests. “Tell them this is really going to affect your business.”

Tips on Choosing an Insurance Agent

Now more than ever it’s time to trust your insurance agent. “Make sure you know and trust you agent,” says Andy Jackson, Owner/Agent of Group Benefits Network. He suggests you consider these points when selecting an agent for your business insurance.

Service. This means more than helping you file a claim. Make sure they not only stay informed of laws, rules and changes that apply to your business and employees, but also inform you.

Referrals. Ask for an agent referral from an insurance carrier you trust. Ask for someone in your area who has experience with a business of similar size. Ask for references from the agent under consideration and actually talk with those references.

Years in business. “There is a lot of information to learn and it’s always changing,” says Jackson. Consider how many years an agent has been in business or the experience of the agent’s firm. “The first two years are spent learning the ropes, being guided by more experienced agents. You not only have state and federal laws to deal with, every company has its own policies and plan designs. It takes time to learn all of that.”

By Janie Pritchett-Clark, Biz2Biz Northwest Arkansas

The American Disabilities Act (ADA), signed into law in 1990, “prohibits discrimination on the basis of disability in employment, programs and services provided by state and local governments, goods and services provided by private companies, and in commercial facilities.”

In government-speak, that means if you have a business open to the public, you have to provide accommodations for people with disabilities.

Jamie Smith, a freelance writer in Bentonville, is a member of this group populated by an estimated 49 million people in the U.S. That’s nearly one out of five living and working in the community, shopping, dining out, gassing up cars, taking in a movie, and working out at the gym.

“People with disabilities are becoming more independent,” says Smith. “And they are more and more becoming your customers. Awareness of their needs is important.”

Smith is planning an FYI program at Rogers/Lowell Chamber of Commerce, part of their member education program offered free during the lunch hour. Smith says the idea behind her program is to share insight about being a business that’s friendly toward people with disabilities.

“It’s not just about the law. It’s about good customer service. When you see a really good, clean baby station in a business, it says they really care about their patrons with babies. It shows overall good customer service,” she says. Making adjustments for people with disabilities makes a similar statement.

Smith suggests you tour the areas your customers access and ask some simple questions. Can a wheelchair enter your building safely? Can they maneuver easily without moving furniture, displays or other customers? What barriers will they encounter that could hurt them or damage your inventory? Can they reach your products? How would you serve a person without sight, or with communication difficulties?

One good way to see if you meet the non-legal, customer service standards, is to hire a disabled person to do a review of your business. Smith is considering offering this service for a minimal hourly fee, which would include a pass or fail list of items.

For example, Smith says snowplows often push snowbanks right into handicap parking spots, making it impossible to lower wheelchair lifts. At restaurant self-serve stations the lids are in the back of the compartment, out of reach. In smaller businesses, handicap accessible bathrooms are often used for storage or have decorations; both can make it impassible for a wheelchair.

“I have problems in a lot of public bathrooms,” says Smith. “About 50 percent of them, actually,” she says.

According to Small Business Administration, which publishes a guide for small business compliance, any business that provides goods or services to the public must comply– for-profit or non-profit, regardless of size. The ADA does recognize the resources of a business as a factor. When a business has resources to remove barriers, it is expected to do so.

“Small business compliance with the ADA can be difficult,” says Bret Maurras, an attorney with Slinkard Law Firm in Rogers who has worked with ADA cases. Maurras is also a faculty member with the University of Phoenix, where he develops and teaches course work on business law, employment law and ADA issues. “There are a multitude of technical regulations; some apply to outright discrimination of a customer or member of the public with a disability.  Others address a disabled person’s access to a small business,” he says.

The issues are complex, Maurras points out, and to assist small businesses with these complex issues, Congress enacted several technical assistance programs administered by the U.S. Department of Justice.

“Small businesses who want to ensure their compliance should consult with an attorney knowledgeable about current ADA regulations.  Other resources include information distributed by the U.S. Department of Justice as well as contractors or architects who are knowledgeable about the ADA.”

Private parties can bring lawsuits against companies to stop discrimination and individuals can file complaints with the Attorney General.  Regardless of the source of the complaint, a small business could face civil fines, penalties, attorney’s fees and costs, and poor public image.

“If a business is sued for an ADA violation, it should immediately contact its attorney and/or insurance company for assistance,” Maurras says.

What areas does the ADA cover? Here’s a quick list:

• Architectural Barriers – Provide clear access to the business from public sidewalks, parking, and public transportation. Inside, provide access to goods and services, public restrooms, public telephones and drinking fountains.

• Accessible Parking – When parking is provided for the public, designate accessible parking spaces and keep them clear of all barriers.

• Accessible Entrance – Provide physical access to the facility, including doors at the entrance, turnstiles, and security gates.

• Shelves and Maneuvering Space – Consider how people will get to the items you sell. Keep merchandise, displays and other items out of narrow aisles.

• Sales and Service Counters – Counter height should be 36” with a space in front to accommodate a wheelchair or electric scooter.

• Fixed Seating and Tables – Provide permanently-mounted tables no more than 34” high with at least 27 inches of knee clearance and a clear floor access to each table.

• Policies and Procedures – Review your business policies and procedures and change those that exclude or limit participation by people with disabilities.

• Communicating with Customers – Review your business services for customers who have hearing or speech disabilities.

• Tax Credits and Deductions – The IRS allows a tax credit for small businesses and a tax deduction for all businesses.

• New Construction and Alterations ­– Newly constructed facilities must meet or exceed ADA minimum requirements.

By Michelle Stockman/Arkansas Capital Corporation, Fayetteville

Health care is one of the great challenges aspiring entrepreneurs face when making the leap into business ownership. Health care premiums for the self-employed and their families are steep. In weighing inadequate or non-existent coverage over a salary with benefits, many consider it reason enough to keep punching the proverbial clock.

What does the Affordable Health Care for America Act (HR 3962) mean for small businesses? The overall health care bill focuses on providing health care coverage to all U.S. citizens. However, there is confusion about who is responsible for the coverage, and when the legislation will be implemented. The following summarizes the major points to the new legislation:

• Businesses with 50 employees or more will need to provide a health care coverage plan to all employees.
• Individuals who are not covered by an employer must acquire health care coverage either through purchasing a plan for themselves or carry the government program.
• Those not willing to carry health care coverage will be fined by the IRS at $95 or 1% of the individual’s income. The penalty is set to rise in 2016.
• Families will be allowed to keep their children on employer-run programs until they obtain their own coverage or turn 26.

While the legislation has been passed, the full program will be phased in as the government needs to work out implementation details. Here are major milestones of which to be aware:

• 2014 is the timeframe for when the government will begin providing tax credits to help low income individuals pay for health insurance premiums. The aid will be available on a sliding scale.
• 2014 is when all health insurance companies will have to take all applicants, and will not be able to deny anyone coverage.
• Starting immediately, health insurance companies will not be allowed to cancel coverage if one were to get sick. Lifetime dollar limits on coverage will now be banned as well. Additionally, insurance companies will not be allowed to deny coverage to children due to “pre-existing” medical conditions.

Michelle Stockman works with Little Rock-based Arkansas Capital Corp. to promote entrepreneurship development in Northwest Arkansas and around the state. She successfully implemented the first statewide entrepreneurship development system in North Carolina, and has opened Arkansas’ first community entrepreneurship center. Email Michelle at mstockman@arcapital.com.

What kind of loan do you need? It’s a more detailed process than picking one from a hat. Here are common business loans defined:

Term loans. Used for working capital, expansion, refinancing, and acquisitions, you’ll repay them monthly over a term, based on the expected lifespan of the assets you’re purchasing. This is the most common loan used for larger amounts.

Short term loans. These are almost always set up for a term of one year or less, then repaid in a lump sum. Usually for smaller amounts, these loans are best for seasonal inventory buildup or small investments with quick returns.

Lines of credit. Set up to ensure against cash flow problems, lines of credit are designed for temporary cash shortfalls, allowing you to borrow as you need it, up to a certain amount per year.

Equipment financing. These loans are usually easier to secure than general lines of credit because the equipment purchased also serves as the collateral for the loan.

By Dianne Bufford, Liberty Bank of Arkansas, Springdale

Banking relationships are personal, and finding the right loan officer is important to the financial success of your business. One key factor is to choose a bank that has experience lending to businesses in your industry. When bankers are familiar with your industry, they are in a better position to provide insightful advice or suggest products tailored to your needs.

A conscientious banker will ask many questions about your business during the discovery process of your loan application. Be prepared. Here are five areas of interest to a loan officer:

1. Will you have the money or resources to repay the loan? If you get into financial trouble, will you work with the bank to get it repaid? The banker will want to learn about your character.

2. How much do you really need to borrow? Is your loan request just one in a series? For example, do you plan on buying out a competitor or expanding?  The bank needs to be comfortable lending your business all the funds it needs to thrive.

3. Why do you need to borrow money? Your loan request to support a growing business may be looked upon more favorably than a loan used to support unprofitable operations, or to replace funds taken out of the business to support your lifestyle.

4. How will you repay the bank and from what source? It is critical for the banker to understand how money will be repaid, as this dictates the type of repayment structure your business can afford.

5. How accurate is the information on which the loan decision is made? Did an independent third party prepare the information? Does the bank know the accounting firm providing information?  Do they perform quality audits and reviews?

These are but a few questions a good banker asks. Often, the advice the banker gives you is far more important than the product or services they sell. Look for a banker who is interested in your business and wants to develop a long-term relationship.

Dianne Bufford is the Marketing Director for the NW Arkansas region for Liberty Bank of Arkansas. Email questions and comments to  DBufford@mylibertybank.com

By Missy Leflar, HR Director/ City of Fayetteville

The easiest way to avoid harassment accusations in the workplace is to treat everybody with respect. Since simple respect doesn’t always occur at work, there are laws to protect workers and penalties for those who do not comply.

Under federal laws, a court may find an employee or an employer liable for harassment based on race, color, religion, gender, sexual orientation, national origin/ethnic group, age (40+) or disability.

A court may likewise find an employer liable for retaliating against an employee for complaining of harassment or other forms of illegal discrimination.

Actionable harassment can occur in a variety of circumstances. For example, the harasser can be a supervisor, an agent, co-worker, or non-employee. It can be someone else’s employee with whom your employee comes into contact, such as a delivery person or someone dealt with when running a work-related errand.

Policies around harassment in the workplace should be in place no matter the size of your company. Here are the key elements to engage in your protocol.

• While employers want to avoid frivolous or false harassment claims, they should encourage employees to report genuine workplace harassment at the first sign, before it escalates. Employees should never be sent the message to not rock the boat, or be expected to tolerate harassment to keep their jobs.

• Train all employees as to whom they should report harassment. Provide more than one name, so the employee has options. Also include at least one person not in the supervisory chain in case the chain of command is the problem.

• Employees should be shown respect for their courage in reporting harassment, and the matter should be treated with confidentiality. Sometimes employees are so afraid of retaliation they will try to extract a promise that the matter “won’t go any further.” Encourage managers to be honest about the process and what actions will take place. Reassure the employee of the organization’s genuine concern.

• Reporting  (and discussion) should include only those who need to know about the matter. Witnesses should be interviewed, but expected to keep the matter confidential. All investigation files should be kept under lock and key.

• Harassed employees are typically already embarrassed and upset. It’s important to avoid gossip, which only makes things worse.

• Handle the matter properly and swiftly so it doesn’t become a long-standing unresolved issue, which can foster workforce morale problems. When your organization responds appropriately to a harassment complaint, any subsequent legal action concerning the matter will likely be defensible.

There are many benefits to an organization when it properly handles harassment complaints. Employees will be more likely to perceive that management cares, and may foster a culture of trust between management and non-management personnel.

Missy Leflar is the Human Resources Director for the City of Fayetteville and a member of NOARK.  Email your comments on this column to info@noark.org or mleflar@ci.fayetteville.ar.us.

by Maxie Carpenter, MVC Advisory Resource/ Bentonville, Ark.

If you’ve ever wondered about the value of having a mission statement, either personally or professionally, listen in on the conversations that take place at any networking or business gathering you attend.

I have a habit of circulating among people at any event, just listening to discussions. I do this for two reasons: First, I’m always looking for information, and second, I’m just plain curious about what makes people tick. It occurred to me after one event that people were, for the most part, discussing what they do and how they do it. Literally no one was talking about why.

This is an important discovery, because consumers really don’t care too much about the “what” and the “how.” They just want their needs supported and fulfilled. Oh, they’ll have discussions with you out of curiosity about what you do, but they won’t want to get into much detail because they don’t connect to it emotionally.

Try having a discussion about why you do a particular anything, and watch what happens! The connection is immediate and of tremendous value. Why?  Because it appeals to the basic principle of why anyone does anything: There is a specific purpose to fulfill a specific desire.

This is a fundamental principle to understand, especially when defining the mission and vision of any initiative, and when designing a marketing plan that will differentiate an initiative from any similar plan in the marketplace.

Maxie Carpenter is a professional analyst and counselor, author, and President of MVC Advisory Resource, Inc. He is the author of I Didn’t Ask You to Dance! and Managing Difficult People in the Workplace. You can reach Maxie at www.mvcinc.org.

By Elise Mitchell / Mitchell Communications Group  / Fayetteville

Throughout most of modern-day business, the color green has traditionally been associated with money and wealth. But in the 21st century, green is more commonly used in business circles to describe sustainable or environmentally conscious initiatives.

Some would say the two definitions are near opposites; but many are finding green can beget green, and an eco-friendly approach to business can actually help realize a number of cost-saving, revenue-generating and reputation-enhancing benefits.

Ultimately, companies are looking for ways to strike a balance between the need for bottom-line success and doing the right thing for the environment.

A strategic approach to the environment is one of the key elements of the Triple Bottom Line, a standard of excellence for measuring business performance which looks beyond just financial performance to include a company’s social and environmental performance.

Many companies are also addressing eco-concerns through a sound corporate social responsibility program that aligns with a company’s business practices. As energy and gas prices continue to rise and concerns about global warming escalate, the focus on environmental issues has become entrenched as a long-term priority with far-reaching impacts for both companies and consumers. Without question, today’s consumer has a heightened sense of awareness about all things green, and they expect business to be engaged in the discussion as well.

According to the 2007 Cone Environmental Survey, Americans not only have increased their concern about the environment as a personal issue, but they also want business to play a role in addressing environmental concerns.

Key findings of the survey include:

• 93% of Americans surveyed believe companies have a responsibility to help preserve the environment; and

• 91% have a more positive image of a company when it is environmentally responsible.

Forward-thinking companies of all sizes and across a wide range of industries have recognized the importance of assessing and managing their environmental impacts. But there are also many companies just beginning this process.

As more organizations place a greater emphasis on environmental practices, communicating about those activities with their stakeholders will become increasingly important.

Unfortunately, there is still a great deal of confusion about what to communicate and plenty of risks for not communicating effectively. Some companies are not sure what information is meaningful to share with stakeholders. Others are hesitant to communicate if they are in the early stages of environmental assessment and don’t have much of a story yet to tell.

On the other hand, some could be accused of overstating their activities and fall into the category of “greenwashing,” which is making an unsubstantiated claim about environmentally-friendly practices in order to profit or in some other way benefit. For fear of making that mistake or inviting increased scrutiny, others have simply chosen not to communicate at all.

Not communicating is not a good choice. Communicating effectively is the better path and is not as difficult as it may seem.

Elise S. Mitchell is President and CEO of Mitchell Communications Group, one of the most respected strategic integrated communications and organizational development firms in the region. She has more than 20 years of experience in the field of public relations, working on both the agency and corporate side of the business.

By Ken Abernathy, Big Hats Consulting / Fayetteville

Why does saving the planet cost us more than destroying it? Seems like everything that is “green” or “ eco-friendly” cost more.  Shouldn’t the things that are destroying us have a premium price instead?

How can you get eco-friendly with your trade exhibit without starting from square one?

Answer: Baby steps!

Becoming greener with your trade show marketing doesn’t mean re-inventing the wheel or starting over. Here are five simple ways to become greener at your exhibit and save green in the process.

Lighten up

One of the biggest costs at any trade show is the materials handling and shipping – the price per hundred pounds you pay to move your products from the dock to the floor. On average the charge is $75 per hundred pounds. The less your materials weigh the less you pay, and the less fuel you burn, too.

Rent It

Reduce, reuse, and recycle by renting an exhibit. Until you are ready to buy an eco-friendly exhibit, renting is an option. Rentals have advanced so much that it’s hard to tell rentals from custom-built exhibits. Rentals can be 30% to 40% less than a purchase, plus you save storage and warehouse fees throughout the year.

Explore

There are many great eco-friendly exhibit products on the market now. You can buy show carpet and flooring made from recycled plastic and rubber. There are eco-friendly soy and water based inks. Graphics are printed on recycled fabric, and can even be returned to be recycled. Extruded aluminum is light and recycle-able. You don’t have to buy them all at once. Make a wish list, keep it updated, and add items gradually.

Pick a partner

We all love the Internet to shop for bargains. But a downfall is buying without the benefit of accountability from someone you don’t know. A tradeshow exhibit is a major part of any marketing plan, and buying at the lowest price may not help you in the long run. Pick a reputable tradeshow display provider who can help you make greener choices by showing you the best products available, with sound advice to go along with it. A reliable consultant can also help you sort through the choices in eco-friendly and green promotional products that tie in to your marketing plan.

Just Go

If you think about it, just going to a show is eco-friendly. You’re saving gas by meeting more leads in a three or four day period than you could in three or four months of standard sales activity. Just think of all those trips and gas-ups.  Follow up with your newfound leads via online meetings, which saves fuel, too.

Ken Abernathy is president and CEO of Big Hats Consulting, a full service tradeshow program-consulting firm in Northwest Arkansas, and has more than 25 years experience in the tradeshow and event industry. He writes a column for Biz2Biz Northwest Arkansas. Have a question for Ken? Email: ken@bighatsconsulting.com.

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By Keith Hicks / Rudder Business Coaching/ Rogers

To maximize productivity and profit, every business needs to have a clear reason for existing. These four recommendations help business owners define that “reason.”

• Vision, Mission, and Values Statement – In order to achieve success, a business must have a strategic framework to guide every employee.

1. Vision defines where your company will be in the future.
2. Mission defines what your company does and why it exists.
3. Values shape the actions of your company by setting rules for how employees should behave.

• Organizational Chart – Even if a company has only one employee, an org chart is a useful tool that shows how company responsibilities are organized. If there is only one of you, then your name goes in every position on the chart.

• Job Descriptions – Once the org chart is complete, specific responsibilities need to be defined. Even if you are the only employee, specific job descriptions are the cornerstone for a successful hiring and retention program. They define what skill sets are needed, and become a “performance contract” with newly hired employees.

• Business Plan – A yearly business plan allows your company to focus on key objectives, allocate resources, prepare for problems and opportunities, and measure progress. It also guides your daily, weekly, and monthly actions. While there are numerous formats and potential components, a yearly business plan should at least include:

1. Strategies. These are the broadly defined 4 to 5 key approaches your company will use to accomplish its mission and drive toward the vision.
2. Goals. These are specific, numerical targets (e.g., sales dollars or volume) that your company is trying to achieve.
3. Action Plans. What is your company doing every day to achieve the goals that support your strategies?

While there are countless other documents that provide tremendous value to the business (e.g., Financial Reports, Market Analyses, Marketing Plans, Sales Process Flow Charts, etc.) the ones listed above are critical because they help every employee make choices every day about the work they are doing. Only with this level of focus can a business truly maximize productivity and profit.

Keith Hicks is a Licensed Professional Business Coach with the PBCA, is CEO of Rudder Business Coaching, and has 20+ years of relevant business experience that includes positions in large CPG companies, and as an officer in the US Navy and Air Force Reserve. He writes a column for Biz2Biz Northwest Arkansas. Email comments to keith.hicks@rudderbusinesscoaching.com or via the web sitewww.rudderbusinesscoaching.com.
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