sterling risk advisors

A full-service surety and insurance brokerage firm based in Marietta, GA

Negative online review of MD? Keep legal risks front of mind

by Sterling Risk Advisors

John Miller quoted in the May issue of Physician Risk Management on why MD’s should think twice before responding to negative posts online.

Click below to view the article in Physician Risk Management:

J. Miller Phys Risk Mgt May 2013 issue negative online reviews

 

John Miller II

John W. Miller is a Principal and Broker with Sterling Risk Advisors specializing in Medical/Malpractice  Insurance and Risk Management. For more information on Mr. Miller please visit his bio page on our website at      http://www.sterlingriskadvisors.com/john-miller.php.

Construction spending improves, but employment still concerning

by Sterling Risk Advisors

Atlanta Business Chronicle Real Talk Blog Post by Doug Rieder
Link to View on Atlanta Business Chronicle Site: http://bit.ly/10gn9BP

While job news on the national level remains weak, we are encouraged by what we are seeing in the commercial and residential construction arena, particularly in the Southeast and Atlanta.

Data coming out over the past year has been optimistic, with a recent report indicating that construction spending rose 7.1 percent from January 2012 to January 2013. This is consistent with our clients who are commercial contractors operating in the Southeast.

We are seeing an increase in insurance exposures (payrolls and sales) and construction backlogs, an indicator of growth for future quarters. Our clients are voicing an optimism that we have not heard since the financial crash of 2008, reporting that their pipelines are fuller and that they may even be in a position to push up their margins modestly.

The hottest spots seem to be multifamily (the froth in this market has been substantial and could lead to overbuilding in the not-too-distant future if current trends continue), hospitality, industrial, food supply chain/grocery. The weakest spots still seem to be those projects funded by government, including water and wastewater projects, highway projects and retail.

On the multifamily side, developers are aggressively responding to market demand, with 4,420 units under construction in the Atlanta marketplace and another 4,702 in the pipeline, according to the April 1 edition of Haddow’s Apartment Report. Our biggest concern about this trend is that it could be an inflating bubble. Currently, many of our subcontractor clients have an unusually high percentage of their backlogs in the multi-family sector; if other sectors don’t pick up this could end badly when rents begin to respond to a glut of available units.

Another positive sign of recovery is the interest from bankers over the past 12 months. After several years of looking internally and addressing non-performing loans, most Southeast banks have gotten their portfolios under control and are now looking to deploy historically cheap capital into the market.

Bankers are more focused on the future and are looking to lend money again. We have assisted several clients with bank reviews recently and all have turned out positively, with multiple banks interested and making offers. In fact, with historically low rates we have been pleased to see that most of these deals have not even included a “floor” on what are very low rates.

Office and industrial absorption and housing numbers are also showing nice signs of life. According to Haddow’s Real News, housing permits in the Atlanta market jumped 65 percent in 2012 while the S&P/Case-Shiller Home Price Index jumped 9.9 percent. While admittedly these numbers are off significantly lower bases than in the past, these are both very positive signs. Similarly, on the office side 3.19 million square feet were absorbed in 2012 after four years of negative or minimal absorption, according to Jones Lang LaSalle.

In the industrial area, King Industrial Realty reports that industrial absorption was 5.62 million square feet in 2012 after four years of negative absorption; JLL presents a number closer to 6.1 million. While some vacancies persist, these are positive indicators that the market is turning around.

Almost every week so far in 2013 has brought the announcement of a significant new project. These include a new football stadium, new mid- and high-rise office buildings, new grocery concepts (Neighborhood Market, Earth Fare and Sprouts) and many new multi-family projects. Population trends are also positive as people continue to want to live in the southeast for its temperate climate, access to transportation and good long-term economic trends.

Unfortunately, one area which has not improved as much as we’d like is job growth in the construction industry. Though a recent economic report from the Associated Builders and Contractors noted a drop in construction industry unemployment to 14.7 percent from 15.7 percent, this may be due primarily to the marshaling of construction resources to address the Hurricane Sandy rebuilding.

We remain concerned that governmental budgetary problems will prove to be a difficult headwind in the second half of the fiscal year, as many economists have predicted. Our clients who do mainly federal work are suffering due to a significant drop in construction spending.

Additional costs arising from Affordable Care Act compliance are also having a damping effect on job growth in the industry as many small employers (of which construction companies are a high percentage) seek to keep full-time headcount at fewer than 50 to avoid the heaviest burden mandated by the new law.

Overall we are optimistic, but ongoing governmental budget challenges and the ACA rollout continue to present significant risks to a broad-based industry recovery.

Doug Rieder
Douglas L. Rieder is president and founding principal of Atlanta-based Sterling Risk Advisors and head of its Construction Services Practice. He is a board member of Associated Builders and Contractors of Georgia Inc.

Paul Baker Interviewed by WSB Radio on the Latest Residential Real Estate Report

by Sterling Risk Advisors

Sterling Risk Advisors’ Paul Baker talks with WSB Radio’s Pete Combos about the latest report on residential real estate and upward trends. For the first time in a long time we may have a sellers market again.

WSB Interview:

Paul Baker Paul Baker is a Principal with Sterling Risk Advisors and specializes in providing risk management consulting and insurance solutions to the real estate, construction and hospitality industries.

For more information, please call Paul Baker at: (678) 424-6521 or email at pbaker@sterlingriskadvisors.com.

Doug Rieder Interviewed by WSB Radio on President’s Proposal to Raise the Minimum Wage

by Sterling Risk Advisors

Business leader doesn’t buy Obama’s plan

Locals respond to president’s plan to raise minimum wage

By Andrew Spencer

The president’s proposal to raise the federal minimum wage is not sitting well with some business leaders in Atlanta.

Douglas L. Rieder is one of the founding principals of Sterling Risk Advisors, which — among other things — sells health insurance to businesses. He says the stipulations of the Affordable Care Act are already raising “the cost of doing business in America.”

“That’s already having a suppressive effect (on job growth),” says Rieder.

Proponents of the president’s plan disagree. Because higher wages are often linked to better job satisfaction, lower turnover, and more motivated employees, they say raising the minimum wage does not have a substantial impact on growth.

Rieder, though, does not see how a mandated pay raise for the lowest-wage earners will help improve the economy.

“In many industries, if there’s a demand for that labor, they’re paying over that wage already,” he says.

Because some rules only apply to businesses with more than 50 employees, Rieder says, “Small businesses who are employers of fewer than 50 employees are absolutely trying to stay under that number — if they can.”

Click here to view the interview on the WSB site:

http://www.wsbradio.com/news/news/gen-politics/business-leader-doesnt-buy-obamas-plan/nWNs8/

Doug Rieder Douglas L. Rieder is president and founding principal of Atlanta-based Sterling Risk Advisors and head of its Construction Services Practice. He is a board member of Associated Builders and Contractors of Georgia Inc.

David Thatcher Joins Sterling Risk Advisors

by Sterling Risk Advisors

Construction industry expert brings deep national accounts expertise

(ATLANTA)  David Thatcher has joined Sterling Risk Advisors as a Producer.

Previously, he was in charge of architectural product sales for one of the world’s largest manufacturers of construction products.

At Sterling Risk Advisors, David will focus on risk management and insurance solutions for the construction and contracting industry.

David brings more than 16 years in sales, management and marketing expertise for one of the world’s largest makers of building materials.

He has a bachelor’s in business administration from the University of Georgia, Terry College of Business, with a major in marketing.

David has been active in both Associated Builders and Contractors and Associated General Contractors.

About Sterling Risk Advisors:

Sterling Risk Advisors is a full-service Atlanta-based risk management and insurance brokerage firm serving the commercial, professional and personal needs of clients across a diverse spectrum of industries.  These include medical and other professional services, construction, transportation and logistics, manufacturing, real estate and technology.  Product offerings include all forms of commercial and personal property & casualty insurance, employee benefits and surety bonds.

For more information about Sterling Risk Advisors, please visit: www.sterlingriskadvisors.com;

Translation Shortcuts Might Get You Sued

by Sterling Risk Advisors

Sterling Risk Advisors’ John Miller quoted in Physician Risk Management’s February 2013 issue.

The article discusses the legal risks associated with using untrained interpreters when caring for limited English-proficient patients.  Using untrained bilingual people such as staff, family members, or friends instead of trained and certified professional interpreters poses costly legal risks.  Click the link below to view the potential risks and how to avoid them.

Article:  Translation Shortcuts Might Get You Sued

 

John Miller II

John W. Miller is a Principal and Broker with Sterling Risk Advisors specializing in Medical/Malpractice  Insurance and Risk Management.   For more information on Mr. Miller please visit his bio page on our website at http://www.sterlingriskadvisors.com/john-miller.php.

Mark Holibaugh Named Principal of Sterling Risk Advisors

by Sterling Risk Advisors

(ATLANTA)  Mark Holibaugh, CLU, has been admitted as a shareholder and principal of Sterling Risk Advisors in recognition of his tremendous contributions to the firm, since joining Sterling Risk Advisors last year.

Previously, he was senior vice president at Wells Fargo Insurance.

At Sterling Risk Advisors, Mark continues to specialize in the medium to large case market for both publicly and privately held companies. The focus of his practice is to guide clients through their complex employee benefits needs, providing financially effective solutions.

Mark has a bachelor’s degree in finance from University of Alabama and a theological degree from University of the South.

In addition to being a Chartered Life Underwriter (CLU), Mark is also a member of the Atlanta Association of Health Underwriters and the Society of Financial Service Professionals. He also serves on the boards of several national carriers and third party administrators.

He is also active in several local charitable, civic and business associations.

Mark-Holibaugh 

For more information on Mr. Holibaugh please visit his bio on our website at http://www.sterlingriskadvisors.com/mark-holibaugh.php

 

 

About Sterling Risk Advisors:

Sterling Risk Advisors is a full-service Atlanta-based risk management and insurance brokerage firm serving the commercial, professional and personal needs of clients across a diverse spectrum of industries.  These include medical and other professional services, construction, transportation and logistics, manufacturing, real estate and technology.  Product offerings include all forms of commercial and personal property & casualty insurance, employee benefits and surety bonds.

For more information about Sterling Risk Advisors, please visit: www.sterlingriskadvisors.com; or call (678) 424-6500. 

Why We Are Optimistic for 2013

by Sterling Risk Advisors

Doug Rieder, Sterling Risk Advisors

I spend a lot of time with contractors.

Our firm works with approximately 100 or so commercial contractors who focus on metro Atlanta and the Southeast. Several also operate nationally.

Over the course of the past three to four months I have visited with many of them. In all of those conversations, I spoke with only one or two who were expecting 2013 to be worse than 2012. Since we make our living helping contractors insure their projects and transfer and manage their risks, this is great news!

We have contractors that build airports, roads, apartments, hotels, apartments, warehouses, factories, institutional facilities (colleges, hospitals, etc.) and retail stores. We are pleased to report that most of these areas are showing improvement in Atlanta and around the Southeast.

We know this because our clients are telling us they are hiring again and planning for growth again. We know this because we see their backlogs (work under contract but yet to be built) expanding. We also see several good projects getting going in Atlanta including the Porsche headquarters, Ponce City Market and Buckhead Atlanta, and we are excited about other developments including a new Falcons stadium, several sizeable apartment projects, plants and warehouses.

We are also optimistic because the banking community is dusting itself off and is finally out looking for deals again, while lending prudently on projects and to the industry’s better credits.

Fiscal cliff or no we are confident that 2013 will be better for the industry and certainly for Atlanta. Bring it on.

Douglas L. Rieder is president and founding principal of Atlanta-based Sterling Risk Advisors and head of its Construction Services Practice. He is a board member of Associated Builders and Contractors of Georgia Inc.

Doug Rieder

Before and After Photos – A Signed Consent May Not Suffice

by Sterling Risk Advisors

Bartley R. Miller, Sterling Risk Advisors

As with all industries, the healthcare industry is undergoing dramatic changes in risk due to the advances in technology.

The plastic surgery realm offers a particularly compelling and cautionary example of such risk.

Plastic surgeons today must work harder than ever to attract good consumers. One way to attract these consumers is to provide real life “before and after” photos of patients who have undergone procedures similar to those the consumer is considering purchasing from the provider. These before and after photos have become a marketing necessity rather than merely serving as the portfolio of surgical outcomes that are expected through these procedures. In many ways, plastic surgery is an art form and surgeons need to show the consumer their work.

With every digital picture comes potential risk. Over the last 12 months, our firm has evidenced multiple claims involving the unauthorized disclosure of a patient’s identity in their before and after photos. As all practices should do, and for the most part do, these practices collected signed consent forms from these patients, allowing the practices to post these pictures on their website without identifying the subjects. What these practices didn’t realize is that even if these patients’ identities had been obscured by hiding all or part of their facial features, there is other identifiable information that comes in the form of embedded file names.

[Embedded Files – definition: An embedded file refers to any type of multimedia file that you might insert or embed into a Web page. This includes files like graphics and sound files. – Source: Webopedia]

Most practices hire a trained/skilled website designer to upload and place online images on their websites. What we are finding is that IT consultants and web designers are sometimes failing to encrypt the image’s file name to ensure the file contains no identifiable components of the patients.

Please allow us to provide you a claim example:

A plastic surgery office is going through the process of designing its website with a web designer. The practice took a sampling of its before and after portfolio to include on the website. As is customary, the provider collected signed consent forms, allowing the provider to place these images on the website. After receiving consent, they sent the digital image files to their web designer so the designer could create the before and after photo page. Each image file was saved using as the file name the patient’s last and first name. Unfortunately, these file names were not changed by the web design company and were uploaded to the practice’s website. A number of months later, the practice was contacted by one of its former patients whose picture was posted on the website. She told the practice that she had just been alerted that when an acquaintance typed the patient’s name into Google, up popped the before and after photos! The patient immediately made a demand for damages to the practice for failure to conceal her true identity.

How does this happen? Google and other search engines utilize software that searches embedded file names within websites. Since, in this case, the files included the name of the patient, Google’s search engine located the pictures on the practice’s website, among other general pictures of that person on the Internet.

It is very difficult for people outside of the technology industry to know how information is disclosed or found through the Internet. As we all know, technology is continually evolving and the exposures created change almost daily. Below are two important recommendations for managing this exposure:

How do you minimize this liability?

  1. Sign a contract with your IT Professional – Make sure this contract includes strong indemnification and hold harmless language so as to help protect your business from a mistake made by your IT professional. Require and confirm that your IT professional carries appropriate insurance that supports the indemnification and hold harmless language in the contract. In your contract, require that the IT professional ensure patient privacy, and request that they also sign a Business Associate Agreement.
  2. Purchase Cyber/Privacy Liability Insurance – In an ever-changing IT environment there is no possible way to manage all exposures through risk avoidance. All businesses are subject to technology-related risks whether in healthcare, manufacturing, or any other industry. We recommend that all of our clients discuss this coverage option with us thoroughly.

As all providers – regardless of specialty – continue to expand their marketing efforts with new multimedia channels, it is good to evaluate the additional liability that is generated through these activities. Please feel free to call us to discuss this topic.

About the Author: Bartley R. Miller is a Principal of Sterling Risk Advisors, and is a strategic partner and advocate for commercial and professional clients, assisting them with a full-range of risk management solutions. Bartley can be reached at: (678) 419-5373; or bartley@sterlingriskadvisors.com.

This Sterling Risk Advisors publication is intended to inform clients and other interested parties about risk management matters or current events and is not intended as legal advice. Seek legal counsel for any particular circumstance.  If the Sterling Team can answer any questions for you on this or any other topic please call on us directly.

Medical Picture Bar

Georgia Fleet Expo Spotlights Safety, Innovation

by Sterling Risk Advisors

Garret Lazenby & Danny Sellers, Sterling Risk Advisors

Last week, we attended the Georgia Fleet Expo and were very impressed by the local industry’s emphasis on safety education, as well the many innovative companies we met with, who are striving to enhance safety in the workplace and on the roads.

The Expo, organized by the Georgia Motor Trucking Association, took place at the Georgia International Convention Center in College Park and was attended by hundreds of decision makers for heavy-duty, medium-duty and vocational fleets.

Sterling Risk Advisors offers specialized insurance program design, risk management consulting, captive programs, large deductible insurance, and small deductible insurance options covering exposures such as auto liability, physical damage, workers comp, cargo, employee benefits, and many other coverages for the trucking and logistics industries.

The Fleet Expo offered many seminars featuring up-to-the-minute info on policy ideas and best practices to reduce crashes.

A particularly helpful offering was “Familiarization of the Roadside Inspection Program,” where attendees learned from experts about what really goes on during a roadside vehicle inspection. Who hasn’t wondered about that?

Another great benefit of the Expo was meeting vendors from all aspects of the industry, including many involved in innovative safety technologies.

One such participant we had the pleasure to get to know was Mary Convey of Sleepsafe Drivers, whose company offers on-site Sleep Apnea testing programs, allowing drivers and workers in other risk-sensitive jobs to be diagnosed and treated for sleep apnea overnight and receive the results and prescription in the morning.

The 2012 Georgia Fleet Expo was an educational and fascinating day and the Georgia Motor Trucking Association should be commended for a great event

Danny Sellers & Garret Lazenby at the Sterling Risk Advisors Booth

Danny Sellers & Garret Lazenby at the Sterling Risk Advisors Booth

Danny Sellers & Garret Lazenby are brokers with Sterling Risk Advisors specializing in risk management and insurance for  transportation, logistics, manufacturing, construction and supply chain companies.   Links to their bio’s and contact information are below.

http://www.sterlingriskadvisors.com/danny-sellers.php

http://www.sterlingriskadvisors.com/garret-lazenby.php

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