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OHIO PHC CONTRACTOR • Summer 2004 · Summer 2004 • OHIO PHC CONTRACTOR 5 KBI 27781 Avenue Hopkins, Valencia, CA 91355 Telephone: (661) 257-3262 • Toll Free: (800) 325-9468 Fax:

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Page 1: OHIO PHC CONTRACTOR • Summer 2004 · Summer 2004 • OHIO PHC CONTRACTOR 5 KBI 27781 Avenue Hopkins, Valencia, CA 91355 Telephone: (661) 257-3262 • Toll Free: (800) 325-9468 Fax:
Page 2: OHIO PHC CONTRACTOR • Summer 2004 · Summer 2004 • OHIO PHC CONTRACTOR 5 KBI 27781 Avenue Hopkins, Valencia, CA 91355 Telephone: (661) 257-3262 • Toll Free: (800) 325-9468 Fax:

2 OHIO PHC CONTRACTOR • Summer 2004

Page 3: OHIO PHC CONTRACTOR • Summer 2004 · Summer 2004 • OHIO PHC CONTRACTOR 5 KBI 27781 Avenue Hopkins, Valencia, CA 91355 Telephone: (661) 257-3262 • Toll Free: (800) 325-9468 Fax:

AKRON

Phone: 330.633.0990

Fax: 330.633.3657

ALLIANCE

Phone: 330.821.9180

Fax: 330.821.8251

CANTON

Phone: 330.456.4304

Fax: 330.456.9418

CLEVELAND

Phone: 216.328.2979

Fax: 216-328-1359

COLUMBUS

Phone: 614.888.1332

Fax: 614.848.8375

EAST LIVERPOOL

Phone: 330.386.6542

Fax: 330.386.3227

HEATH

Phone: 740.522.4338

Fax: 740.522.6472

LANCASTER

Phone: 740.653.8292

Fax: 740.653.9292

LIMA

Phone: 419.228.2261

Fax: 419.222.8146

MANSFIELD

Phone: 419.524.3012

Fax: 419.525.4359

NEW PHILADELPHIA

Phone: 330.343.3011

Fax: 330.343.6251

SANDUSKY

Phone: 419.626.0335

Fax: 419.626.4722

SHEFFIELD

Phone: 440.934.0059

Fax: 440.934.5525

STEUBENVILLE

Phone: 740.283.3368

Fax: 740.283.1204

TOLEDO

Phone: 419.531.3862

Fax: 419.531.4751

WOOSTER

Phone: 330.262.3300

Fax: 330.262.3202

YOUNGSTOWN

Phone: 330.743.1143

Fax: 330.743.1144

ZANESVILLE

Phone: 740.452.9417

Fax: 740.452.0066

T h e r e a r e t w o s t a g e s o f r e - d o i n g y o u r b a t h -

r o o m :

“ E X C I T E D A N T I C I P A T I O N ”q u i c k l y f o l l o w e d b y

“ D E A R G O D , P L E A S E L E T T H I S B E O V E R .”

INTRODUCING TOWN SQUARE.A TOTALLY COORDINATED BATHROOM SYSTEM.

The Town Square Collection ©2002 American Standard, Inc.

3Summer 2004 • OHIO PHC CONTRACTOR

Page 4: OHIO PHC CONTRACTOR • Summer 2004 · Summer 2004 • OHIO PHC CONTRACTOR 5 KBI 27781 Avenue Hopkins, Valencia, CA 91355 Telephone: (661) 257-3262 • Toll Free: (800) 325-9468 Fax:

4 OHIO PHC CONTRACTOR • Summer 2004

President’s Message 6

Legislation/Regulation Update 9

Keeping Score 15

PUCO Orders DP&L to File

Utility Financial Integrity Plan 17

A Bit of History

From 100 Years of Service 18

PAC Application Form 20

Myths & Facts Regarding

Association Health Plans (AHPs) 21

What’s Happening? 27

Ohio’s New Concealed Weapons Law 28

2004 - 2005 Officers and Board 30

Ohio PHC Contractor is the official magazine of thePHCC of Ohio and is published quarterly. News items

from Ohio PHCC members are accepted.

For information on advertising, contact:Jim Aitkins, Blue Water Publishers • 425-337-0103

fax: 425-357-8409 • [email protected]

The Ohio PHC Contractor is the official publication ofthe Plumbing-Heating-Cooling Contractors of Ohio

18961 River’s Edge DriveChagrin Falls, Ohio 44023

800-686-PHCCFax: [email protected]

Summer 2004

Accubid Page 5

Boyd Lofgren & Company 8

Burnham Hydronics 15

Copper Development 2

Federated Insurance 8

Frank Gates Service Company, Inc. 25

King Bros. Industries 5

Libb Company 7

Liberty Pumps 8

The Ohio Coalition for Indoor Air Quality 19

ProSpec Sales 19

Rinnai 32

Robertson Heating Supply 3

SageQuest 20

Sioux Chief Manufacturing 25

T & S Brass 7

Taco 16 & 17

Takagi 23

Taracorp 31

Welker-McKee Supply 26

Whitney Company 19

Winton Products 5

Wirsbo 13

Woodford 31

Advertisers Index

Inside This Issue:

Cover photo provided by:

The Capitol Square Review & Advisory Board

Page 5: OHIO PHC CONTRACTOR • Summer 2004 · Summer 2004 • OHIO PHC CONTRACTOR 5 KBI 27781 Avenue Hopkins, Valencia, CA 91355 Telephone: (661) 257-3262 • Toll Free: (800) 325-9468 Fax:

5Summer 2004 • OHIO PHC CONTRACTOR

KBI 27781 Avenue Hopkins, Valencia, CA 91355Telephone: (661) 257-3262 • Toll Free: (800) 325-9468Fax: (661) 257-4320 • E-mail: [email protected]: www.kbico.com

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Page 6: OHIO PHC CONTRACTOR • Summer 2004 · Summer 2004 • OHIO PHC CONTRACTOR 5 KBI 27781 Avenue Hopkins, Valencia, CA 91355 Telephone: (661) 257-3262 • Toll Free: (800) 325-9468 Fax:

Greetings:

As I’m thinking of what to write, I am reminded again of

our great country. Memorial Day has just passed, the anniver-

sary of D-Day last week, and now the funeral of President

Reagan. Thanks to the dedication and commitment of those

who have served and are serving, this is still the greatest coun-

try on earth.

Here in Ohio, there is still much to do and we are attempt-

ing to fit it all in. The convention committee is well on its way

to making arrangements for next year. Liana and her commit-

tee are working hard to make sure the convention will be

“Central to your Success.” As always, we are watching leg-

islative bills and continuing to keep ahead of things that per-

tain to contractors and business. If you would like to con-

tribute to these efforts, please contact the state office for more

information.

The rain has finally let up some here in northeast Ohio. I

hope your summer will be a good one, both in business as

well as at home. It’s almost time to start making hay and

thinking of county fairs.

I hope you have a great summer.

Jack

From The President

6 OHIO PHC CONTRACTOR • Summer 2004

Page 7: OHIO PHC CONTRACTOR • Summer 2004 · Summer 2004 • OHIO PHC CONTRACTOR 5 KBI 27781 Avenue Hopkins, Valencia, CA 91355 Telephone: (661) 257-3262 • Toll Free: (800) 325-9468 Fax:

7Summer 2004 • OHIO PHC CONTRACTOR

Page 8: OHIO PHC CONTRACTOR • Summer 2004 · Summer 2004 • OHIO PHC CONTRACTOR 5 KBI 27781 Avenue Hopkins, Valencia, CA 91355 Telephone: (661) 257-3262 • Toll Free: (800) 325-9468 Fax:

8 OHIO PHC CONTRACTOR • Summer 2004

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Page 9: OHIO PHC CONTRACTOR • Summer 2004 · Summer 2004 • OHIO PHC CONTRACTOR 5 KBI 27781 Avenue Hopkins, Valencia, CA 91355 Telephone: (661) 257-3262 • Toll Free: (800) 325-9468 Fax:

9Summer 2004 • OHIO PHC CONTRACTOR

The Ohio General Assembly passed a

number of pieces of legislation dur-

ing the last week in May, just prior to

their summer “recess.” Some of that

legislation has a direct effect on us

and I have reprinted sections of those

bills for you. Both of the following

were accepted by House & Senate on

May 26 and will become effective 90

days following Governor Taft’s signa-

ture. Governor Taft signed the

Sub.S.B.179 on June 17, 2004. It will

be effective September 20, 2004.

Sub.S.B.179

aka OCIEB Corrections Bill

Sec. 715.27: Requirements of

municipal corporations:

(B) No municipal corporation shall

require any specialty contractor who

holds a valid license issued pursuant

to Chapter 4740. of the Revised Code

to complete an examination, test, or

demonstration of technical skills to

engage in the type of contracting for

which the license is held, within the

municipal corporation.

(C) A municipal corporation may

require a specialty contractor who

holds a valid license issued pursuant

to Chapter 4740. of the Revised

Code, to register with the municipal

corporation and pay any fee the

municipal corporation imposes before

that specialty contractor may engage

within the municipal corporation in

the type of contracting for which the

license is held. Any fee shall be the

same for all specialty contractors

who engage in the same type of con-

tracting.

(F) A municipal corporation shall not

register a specialty contractor who is

required to hold a license under

Chapter 4740. of the Revised Code

but does not hold a valid license

issued under that chapter.

Sec. 3781.102. (A) Any county or

municipal building department certi-

fied pursuant to division (E) of sec-

tion 3781.10 of the Revised Code as

of September 14, 1970, and that, as

of that date, was inspecting single-

family, two-family, and three-family

residences, and any township build-

ing department certified pursuant to

division (E) of section 3781.10 of the

Revised Code, is hereby declared to

be certified to inspect single-family,

two-family, and three-family resi-

dences containing industrialized

units, and shall inspect the buildings

or classes of buildings subject to

division (E) of section 3781.10 of the

Revised Code.

Sec. 4740.13. (A) No person shall

act as or claim to be a type of con-

tractor that this chapter licenses

unless that person holds or has been

assigned a license issued pursuant to

this chapter for the type of contractor

that person is acting as or claiming to

be.

(B) Upon the request of the appropri-

ate section of the Ohio construction

industry licensing board, the attorney

general may bring a civil action for

appropriate relief, including but not

limited to a temporary restraining

order or permanent injunction in the

court of common pleas of the county

where the unlicensed person resides

or is acting as or claiming to be a

licensed contractor.

(C) A contractor licensed under this

chapter may install, service, and

maintain the related or interfaced

control wiring for equipment and

devices related to their specific

license, on the condition that the

By Joseph A. Schmitt,Chairman

Page 10: OHIO PHC CONTRACTOR • Summer 2004 · Summer 2004 • OHIO PHC CONTRACTOR 5 KBI 27781 Avenue Hopkins, Valencia, CA 91355 Telephone: (661) 257-3262 • Toll Free: (800) 325-9468 Fax:

10 OHIO PHC CONTRACTOR • Summer 2004

control wiring is less than twenty-

five volts.

(D) A person is not an electrical con-

tractor subject to licensure under this

chapter for work that is limited to the

construction, improvement, renova-

tion, repair, testing, or maintenance

of the following systems using less

than fifty volts of electricity: fire

alarm or burglar alarm, cabling, tele-

data sound, communication, and

landscape lighting and irrigation.

Sec. 4740.99. Whoever violates

division (A) of section 4740.13 of the

Revised Code is guilty of a minor

misdemeanor on the first violation

and a misdemeanor of the fourth

degree on subsequent violations.

BACKFLOW

Sec. 3703.21. (A) Within ninety

days after the effective date of this

section, the superintendent of the

division of industrial compliance

shall appoint a backflow advisory

board consisting of not more than ten

members, who shall serve at the

pleasure of the superintendent. The

superintendent shall appoint a repre-

sentative from the plumbing section

of the division of industrial compli-

ance, three representatives recom-

mended by the plumbing administra-

tor of the division of industrial com-

pliance, a representative of the drink-

ing water program of the Ohio envi-

ronmental protection agency, three

representatives recommended by the

director of environmental protection,

and not more than two members who

are not employed by the plumbing or

water industry.

The board shall advise the superin-

tendent on matters pertaining to the

training and certification of

backflow technicians.

(B) The superintendent

shall adopt rules in accor-

dance with Chapter 119. of

the Revised Code to pro-

vide for the certification of

backflow technicians. The

rules shall establish all of

the following requirements,

specifications, and proce-

dures:

(1) Requirements and pro-

cedures for the initial certi-

fication of backflow techni-

cians, including eligibility

criteria and application

requirements and fees;

(2) Specifications concern-

ing and procedures for tak-

ing examinations required

for certification as a back-

flow technician, including

eligibility criteria to take

the examination and appli-

cation requirements and

fees for taking the examina-

tion;

(3) Specifications concern-

ing and procedures for

renewing a certification as a

backflow technician,

including eligibility criteria,

application requirements,

and fees for renewal;

(4) Specifications concern-

ing and procedures for both

of the following:

(a) Approval of training

agencies authorized to

teach required courses to

candidates for certification

as backflow technicians or

continuing education cours-

es to certified backflow

technicians;

Page 11: OHIO PHC CONTRACTOR • Summer 2004 · Summer 2004 • OHIO PHC CONTRACTOR 5 KBI 27781 Avenue Hopkins, Valencia, CA 91355 Telephone: (661) 257-3262 • Toll Free: (800) 325-9468 Fax:

11Summer 2004 • OHIO PHC CONTRACTOR

(b) Renewal of the approval

described in division (B)(4)(a) of this

section.

(5) Education requirements that can-

didates for initial certification as

backflow technicians must satisfy

and continuing education require-

ments that certified backflow techni-

cians must satisfy;

(6) Grounds and procedures for deny-

ing, suspending, or revoking certifi-

cation, or denying the renewal of cer-

tification, as a backflow technician;

(7) Procedures for issuing administra-

tive orders for the remedy of any vio-

lation of this section or any rule

adopted pursuant to division (B) of

this section, including, but not limit-

ed to, procedures for assessing a civil

penalty authorized under division (D)

of this section;

(8) Any provision the superintendent

determines is necessary to administer

or enforce this section.

(C) No individual shall engage in the

installation, testing, or repair of any

isolation backflow prevention device

unless that individual possesses a

valid certification as a backflow tech-

nician. This division does not apply

with respect to the installation, test-

ing, or repair of any containment

backflow prevention device.

(D) Whoever violates division (C) of

this section or any rule adopted pur-

suant to division (B) of this section

shall pay a civil penalty of not more

than five thousand dollars for each

day that the violation continues. The

superintendent may, by order, assess

a civil penalty under this division, or

may request the attorney general to

bring a civil action to impose the

civil penalty in the court of common

pleas of the county in which the vio-

lation occurred or where the violator

resides.

(E) Any action taken under a rule

adopted pursuant to division (B)(6)

of this section is subject to the appeal

process of Chapter 119. of the

Revised Code. An administrative

order issued pursuant to rules adopt-

ed under division (B)(7) of this sec-

tion and an appeal to that type of

administrative order shall be execut-

ed in accordance with Chapter 119.

of the Revised Code.

(F) As used in this section:

(1) “Isolation backflow prevention

device” means a device for the pre-

vention of the backflow of liquids,

solids, or gases that is regulated by

the building code adopted pursuant to

section 3781.10 of the Revised Code

and rules adopted pursuant to this

section.

(2) “Containment backflow preven-

tion device” means a device for the

prevention of the backflow of liquids,

solids, or gases that is installed by the

supplier of, or as a requirement of,

any public water system as defined in

division (A) of section 6109.01 of the

Revised Code.

H.B.183 -

PERTAINING TO

PRESSURE PIPING

REGULATIONS

Sec. 121.083. The superintendent of

the division of industrial compliance

in the department of commerce shall:

(G) Accept submissions, establish a

fee for submissions, and review sub-

missions of certified welding and

brazing procedure specifications, pro-

cedure qualification records, and per-

formance qualification records for

building services piping as required

by section 4104.44 of the Revised

Code.

Sec. 4104.41. As used in sections

4104.41 to 4104.45 of the Revised

Code:

(A) “Building services piping” means

piping systems and their component

parts that are part of a building sys-

tem and that promote the safe, sani-

tary, and energy efficient occupancy

of a building. “Building services pip-

ing” includes, but is not limited to,

cold and hot potable water distribu-

tion for plumbing fixtures; sanitary

lines leading from plumbing fixtures;

nonflammable medical gas systems;

medical oxygen systems; medical

vacuum systems; fire protection pip-

ing systems and compressed air in

dry systems; refrigeration, chilled

water, condenser, cooling tower

water, brine, and water/antifreeze

systems; steam, steam condensate,

and hot water piping systems; heating

and cooling piping systems; and fuel

oil piping and fuel gas piping for

heating, cooling, and cooking appli-

cations.

(B) “Power piping” means piping

For Backflow Certification andRecertification classes, contact one of

these PHCC Ohio instructors:

Mark Armstrong,Baum Plumbing 330-456-3466

Joe Schmitt,Joe Schmitt & Sons 937-836-3086

Jack Wormley,Wormley Plumbing 330-755-1296

Herman BohincNorhio Plumbing 330-562-9671

or call the Ohio PHCC office for applicationform to Certify and details on classes at

1-800-686-PHCC(7422)You can also e-mail us at

[email protected]

Page 12: OHIO PHC CONTRACTOR • Summer 2004 · Summer 2004 • OHIO PHC CONTRACTOR 5 KBI 27781 Avenue Hopkins, Valencia, CA 91355 Telephone: (661) 257-3262 • Toll Free: (800) 325-9468 Fax:

12 OHIO PHC CONTRACTOR • Summer 2004

systems and their component parts,

that are not building services piping

systems, and that may be installed

within electric power generating sta-

tions, industrial and institutional

plants, utility geothermal heating sys-

tems, and central and district heating

and cooling systems. “Power piping”

includes, but is not limited to, piping

used in the distribution of plant and

process steam at boiler pressures

greater than fifteen pounds per square

inch gauge, high temperature water

piping from high pressure and high

temperature boilers, power boiler

steam condensate piping, high pres-

sure and high temperature water con-

densate piping, and compressed air

and hydraulic piping upstream of the

first stop valve off a system distribu-

tion header.

(C) “Process piping” means piping

systems and their component parts,

that are not building services or

power piping systems, and that may

be installed in petroleum refineries,

chemical, pharmaceutical, textile,

paper, semiconductor, and cryogenic

plants, and related processing plants

and terminals.

Sec. 4104.42. (A) The owner of any

power piping or process piping sys-

tem shall ensure that all of the fol-

lowing are performed in compliance

with applicable sections of the B31

standards contained in the code for

pressure piping, published by the

American society of mechanical

engineers:

(1) The design, fabrication, assembly,

installation, testing, examination, and

inspection of power and process pip-

ing systems;

(2) Qualification of personnel and

qualification of welding and brazing

procedures;

(3) The implementation of an inspec-

tion program.

(B) The owner of a power piping or

process piping system shall do both

of the following:

(1) Maintain for five years complete

records documenting the design,

examination, and testing of the piping

system that include all of the follow-

ing:

(a) The specific edition of the code

for pressure piping used in the

design;

(b) The design assumptions;

(c) The calculations, piping material

specifications, and construction docu-

ments for the piping;

(d) The records of piping alterations;

(e) The piping examination and

inspection records.

(2) Disclose the types and quantities

of flammable, combustible, or haz-

ardous materials proposed to be used

in the facility to the building and fire

code enforcement authorities who

have inspection authority to enable

those authorities to determine com-

pliance with the rules the board of

building standards adopts pursuant to

section 3781.10 of the Revised Code

and the rules the state fire marshal

adopts pursuant to section 3737.82 of

the Revised Code.

(C) No person or state agency shall

require that the records described in

division (B)(1) of this section be sub-

mitted to the division of industrial

compliance in the department of

commerce or to a certified building

department for approval.

(D) Nothing in this section limits the

application of Chapters 4703. and

4733. of the Revised Code.

Sec. 4104.43. (A)(1) The board of

building standards shall adopt rules

establishing requirements for the

design, installation, inspection of and

design review procedure for building

services piping.

(2) The board of building standards

shall adopt rules establishing require-

ments for the design, installation,

inspection of and design review pro-

cedure for nonflammable medical

gas, medical oxygen, and medical

vacuum piping systems.

(B) A municipal, township, or county

building department certified under

division (E) of section 3781.10 of the

Revised Code shall enforce the rules

the board adopts pursuant to division

(A)(2) of this section if that building

department requests and obtains spe-

cial certification to enforce those

rules.

(C) In a health district where no

municipal, township, or county build-

ing department is specially certified

under division (B) of this section, an

employee of the health district shall

enforce the rules adopted pursuant to

division (A)(2) of this section if both

of the following conditions are satis-

fied:

(1) The health district employee

requests and obtains special certifica-

tion by the board to enforce those

rules.

(2) The health district notifies the

superintendent of the division of

industrial compliance in the depart-

ment of commerce that the health

district’s specially certified employee

shall enforce those rules.

(D) In a jurisdiction where enforce-

ment authority as described in divi-

sions (B) and (C) of this section does

not exist, the superintendent of the

division of industrial compliance

shall enforce the rules the board

Page 13: OHIO PHC CONTRACTOR • Summer 2004 · Summer 2004 • OHIO PHC CONTRACTOR 5 KBI 27781 Avenue Hopkins, Valencia, CA 91355 Telephone: (661) 257-3262 • Toll Free: (800) 325-9468 Fax:

13Summer 2004 • OHIO PHC CONTRACTOR

adopts pursuant to division (A)(2) of

this section.

Sec. 4104.44. All welding and braz-

ing of metallic piping systems shall

be performed in accordance with sec-

tion IX of the boiler and pressure

vessel code, published by the

American society of mechanical

engineers. The owner shall maintain,

at the job site, the certified perform-

ance qualification records of all

welders and brazers employed at the

facility. The owner shall submit

copies of all certified welding and

brazing procedure specifications, pro-

cedure qualification records, and per-

formance qualification records for

building services piping for review to

the superintendent of the division of

industrial compliance in the depart-

ment of commerce in accordance

with rules the superintendent adopts.

The submission shall be accompanied

by the fee the superintendent estab-

lishes.

Sec. 4104.45. A person who inspects

the installation of or witnesses the

testing of any nonflammable medical

gas and vacuum piping system shall

be certified to do so pursuant to divi-

sion (E) of section 3781.10 of the

Revised Code.

NATIONAL LEGISLATION

House Passes Several

PHCC-Supported

OSHA Reform Bills

In June, the House passed a

series of four measures designed to

assist small businesses in relations

with the Occupational Safety and

Health Administration. Of most inter-

est:

The first of the four bills (HR

2728) would have extended beyond

15 days the time for a small business

to respond to an OSHA violation.

The last of the four bills (H.R.

2731) would require OSHA to com-

pensate a small business for fees used

to defend itself against the agency.

The fees would only be allowed if

the small business successfully

defended itself.

The other two bills dealt with

adding two members to the review

commission, and ordering judges to

defer to a Commission’s decision

instead of the secretary of labor. All

four bills were sponsored by Rep.

Charlie Norwood (R-GA). �

PHCC Ohio is sponsoring a MedicalGas Training and Certification Class

on August 24-27 in central Ohio.Instructor: Dave Mohile, Medical

Engineering Services, Inc.Call the PHCC office for registrationinformation 1-800-686-PHCC(7422)

Page 14: OHIO PHC CONTRACTOR • Summer 2004 · Summer 2004 • OHIO PHC CONTRACTOR 5 KBI 27781 Avenue Hopkins, Valencia, CA 91355 Telephone: (661) 257-3262 • Toll Free: (800) 325-9468 Fax:

This column we’ll continue

to discuss the collection

and tracking of informa-

tion and statistics to help

you make informed business deci-

sions. Let’s build on the information

that we started collecting in the last

column. A quick review: Last column

we discussed

tracking billable

hours and actual

hours worked on the job to determine

the productivity percentage. The pro-

ductivity percentage is needed to cal-

culate the break even cost per billable

hour which allows you to calculate

the proper selling prices. Now, we’ll

add a couple more columns to that

basic worksheet you’re developing to

track performance information.

Typically, sales of the company

are recorded on the income state-

ment. They are shown in varying

degrees of detail depending on the

company’s preference. The two

columns we’re going to add are: sales

for the week and the number of

invoices or jobs billed out for the

week. I recommend you track this

data for each field employee, each

department and the

company as a whole.

When we combine

this data with the

billable hour data, it

allows us to calculate

some important sta-

tistics. (See work-

sheet sample)

The statistics

that are generated

from the data are:

Sales per Billable

Hour, Average Sale,

Billable Hours per

Sale and the produc-

tivity/Billable

Percentage. How are

the statistics calculat-

Total Billable Actual # of Sales Per Average Bill. Hrs. BillableEmployee Sales Hours Hours Invoices Bill. Hr. Sale Per Sale %

Gary

6/5/2004 $4,324.00 25.00 40.00 9 $172.96 $480.44 2.78 62.50%

6/12/2004 $3,827.00 23.00 41.25 7 $166.39 $546.71 3.29 55.76%

6/19/2004 $4,995.00 27.00 46.00 13 $185.00 $384.23 2.08 58.70%

6/26/2004 $3,866.00 21.25 40.00 11 $181.93 $351.45 1.93 53.13%

Gary Totals $17,012.00 96.25 167.25 40 $176.75 $425.30 2.41 57.55%

Carl:

6/5/2004 $3,974.00 23.00 40.00 9 $172.78 $441.56 2.56 57.50%

6/12/2004 $5,419.00 25.75 48.00 14 $210.45 $387.07 1.84 53.65%

6/19/2004 $4,725.00 23.75 43.00 12 $198.95 $393.75 1.98 55.23%

6/26/2004 $4,105.00 24.00 40.00 14 $171.04 $293.21 1.71 60.00%

Carl Totals $18,223.00 96.50 171.00 49 $188.84 $371.90 1.97 56.43%

Dept. Totals

6/5/2004 $8,298.00 48.00 80.00 18 $172.88 $461.00 2.67 60.00%

6/12/2004 $9,246.00 48.75 89.25 21 $189.66 $440.29 2.32 54.62%

6/19/2004 $9,720.00 50.75 89.00 25 $191.53 $388.80 2.03 57.02%

6/26/2004 $7,971.00 45.25 80.00 25 $176.15 $318.84 1.81 56.56%

Dept. Totals $35,235.00 192.75 338.25 89 $182.80 $395.90 2.17 56.98%

14 OHIO PHC CONTRACTOR • Summer 2004

Page 15: OHIO PHC CONTRACTOR • Summer 2004 · Summer 2004 • OHIO PHC CONTRACTOR 5 KBI 27781 Avenue Hopkins, Valencia, CA 91355 Telephone: (661) 257-3262 • Toll Free: (800) 325-9468 Fax:

ed and what can they tell you?

The “sales per billable hour” is

calculated by dividing the total sales

for the week by the billable hours for

the week (Total Sales / Billable

Hours).

The “average sale” is calculated

by dividing the total sales for the

week by the number of invoices or

jobs billed (Total Sales / # of

Invoices).

The “billable hours per sale” is

calculated by dividing the billable

hours for the week by the number of

invoices billed (Billable Hours / # of

Invoices).

The “productivity percentage” is

calculated by dividing the billable

hours for the week by the actual

hours worked and paid (Billable

Hours / Actual Hours).

This sample worksheet shows

you the results for a month for a

department of Gary’s Plumbing.

The results for each week are

shown for Gary, Carl and the

department as a whole. Tracking

these statistics, among others,

allows you to objectively evaluate

the performance of the people in

the company.

Too often management evalu-

ates performance on subjective

opinions and not by objective sta-

tistics. These statistics give a man-

ager some valuable information on

the performance of the players

(“technicians”) in the line-up. The

manager can use this objective

data to make intelligent business

decisions. Performances can be

graded or reviewed based on these

objective statistics and not on sub-

jective opinions.

Rather than just saying “Gary is

doing a good job,” his manager can

review the actual data and statistics

to see that Gary’s average sale is

higher than the average for the

department. Note also that we’re

comparing Gary’s performance to

that of the department or company

and never directly against another

technician. Because their performanc-

es are compared to the averages, it

reduces the possibility of problems

between technicians. A true, objective

evaluation of the technician’s per-

formance can be made. This holds

true for the department and company

as a whole as well.

Data tracking and statistics are

helpful tools for managers…whether

you’re managing technicians or

Major League Baseball players. How

is your team performing?

Michael A. Bohinc is a Certified

Public Accountant based in

Cleveland, Ohio. He is a Consult &

Coach Partner for the Service

Roundtable and an associate member

of the PHCC of Ohio. He has 15

years’ experience working on busi-

ness management issues in the P-H-C

industry for his family’s contracting

business. He is a Past President of

the PHCC of North East Ohio and a

past Treasurer for Greater Cleveland

ACCA. He can be reached at:

[email protected] (© 2004

Keeping Score, Inc.)

15Summer 2004 • OHIO PHC CONTRACTOR

Page 16: OHIO PHC CONTRACTOR • Summer 2004 · Summer 2004 • OHIO PHC CONTRACTOR 5 KBI 27781 Avenue Hopkins, Valencia, CA 91355 Telephone: (661) 257-3262 • Toll Free: (800) 325-9468 Fax:

16 OHIO PHC CONTRACTOR • Summer 2004

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Page 17: OHIO PHC CONTRACTOR • Summer 2004 · Summer 2004 • OHIO PHC CONTRACTOR 5 KBI 27781 Avenue Hopkins, Valencia, CA 91355 Telephone: (661) 257-3262 • Toll Free: (800) 325-9468 Fax:

17Summer 2004 • OHIO PHC CONTRACTOR

COLUMBUS, OH (May 27, 2004) –

The Public Utilities Commission of

Ohio (PUCO) today ordered Dayton

Power and Light Company (DP&L)

to file a plan of utility financial

integrity within 120 days of the com-

pany filing its Form 10-K with the

Securities and Exchange

Commission. The request for the plan

is the result of recent developments

regarding DPL Inc., the parent com-

pany of DP&L. The purpose of the

plan is to ensure that the companies

are following the principles outlined

in the Commission’s financial integri-

ty proceeding.

The Commission initiated its

investigation into the financial condi-

tion of DP&L to examine the impact

of the unregulated activities by DPL.

Commission staff began its investiga-

tion by initiating a preliminary audit

survey. Staff has also been reviewing

documents and analyses related to the

financial condition of DP&L. Staff

continues to monitor reported activi-

ties and keep the Commission

apprised of its progress.

“In light of recent events and

changes at DPL, we will provide the

directors and new management team

sufficient time to reorganize and

develop a strategic business plan,”

PUCO Chairman Alan R. Schriber

stated. “In the meantime, we are

directing the companies to develop a

plan to outline actions that DPL will

take to insulate DP&L utility opera-

tions and ratepayers from its unregu-

lated activities, as prescribed in our

financial integrity proceeding. Our

investigation will continue, as we

have a responsibility to ensure that

the financial condition and service

quality of DP&L is not compro-

mised.”

DP&L is also ordered to fully

cooperate with the Commission staff

regarding any information sought

during this ongoing investigation.

The Public Utilities Commission of

Ohio (PUCO) is the sole agency

charged with regulating public utility

service. The role of the PUCO is to

assure all residential, business, and

industrial consumers have access to

adequate, safe, and reliable utility

services at fair prices while facilitat-

ing an environment that provides

competitive choices.

Contact: Shana Gerber, Office of

Public Affairs, at (614) 466-7750.

PUCO ORDERSDP&L TO FILE

UTILITY FINANCIALINTEGRITY PLAN

Bob Taft, GovernorAlan R. Schriber, Chairman

Page 18: OHIO PHC CONTRACTOR • Summer 2004 · Summer 2004 • OHIO PHC CONTRACTOR 5 KBI 27781 Avenue Hopkins, Valencia, CA 91355 Telephone: (661) 257-3262 • Toll Free: (800) 325-9468 Fax:

The Ohio Association of

Plumbing-Heating-Cooling

Contractors was established

in 1890, following the lead

of the National Master Plumbers

Association formed in 1883, as the

Ohio Master Plumbers Association to

protect the trade of the master

plumber. Its founders believed in the

concept of strength in numbers and

felt the need to join together on a state

level to address concerns of a more

localized nature.

In the last decade of the 19th cen-

tury, there was no air conditioning,

appliances of today, such as garbage

disposals and dishwashers, were not

even a dream, there was no color TV -

or any television at all! - no radio, no

computers. There was also very little

in the way of sanitation. The times

ahead were changing. Mass produc-

tion of products was swinging into

high gear and the plumbing trade was

being hit especially hard. Recognition

of the need for sanitary water was

growing and with it, a number of new

inventions for "modern plumbing"

were being produced. These wonderful

new devices were being sold to any-

one and everyone (the public includ-

ed) with little thought given to instal-

lation, critical for sanitation. The mas-

ter plumber,

who had the

knowledge and

ability to provide both materials and

installation, was being squeezed out of

the material end of the industry. There

was also the inherent belief that public

health could only be sustained and

enhanced by preserving the principle

of single responsibility to obtain both

quality materials and installation from

a single source. An 1898 invoice

shows 1½ hours of labor at a cost of

$0.45.

In 1890, steam and hot water sys-

tems were not on the market; homes

were heated with pot-bellied stoves or

hot-air furnaces, most of which were

installed by sheet metal workers.

Water pressure was bad in many areas

and often people could not get water

above the street level floor. To remedy

this, hand or gas pumps were installed,

connected to a large lead-lined tank

under the roof of the house.

Gas pressure was also poor in

those days. Sometimes gas on the top

floor went out, endangering the lives

of the occupants. The gas contained

large amounts of water, resulting in

the rise and fall of the gas flame, mak-

ing it difficult to read. Plumbers were

able to get the water out of pipes by

removing the caps from the drop-

lights and letting the water run down.

Because inspection was lax, those

early times brought many "fly-by-

night" operators who got away with

many things now hard to imagine.

Sometimes gas pipes were run through

chimney flues to save time and

expense, and now and then a "gyp"

would short-cut a gas fitting job by

filling the gas pipes with water so the

joints would rust, thus tightening them

in that way. There were no codes to

protect the public.

Lead work was very common in

those days. Lead traps were made

from molds in the shop. Plumbing fix-

tures were mainly made of cast iron

and while some were enameled, the

enamel was so poor it peeled off

quickly and the surface became rust-

pitted. Bathtubs were copper lined.

Kitchen sinks were made of slate or

cast-iron with wooden drain boards.

There were still many outhouses,

but the "better” homes were equipped

with water closets. There were two

general types: the pan closet, operated

with a lever at the side that released

water from a pan or bowl, and the

"Philadelphia hopper."

Slowly emerging during those

formative years was the growing sense

of responsibility of the plumbers to

enhance sanitation for the general wel-

fare. The challenges were there.

A limited number of the softcover

book, 100 Years of Service, is avail-

able at a cost of $5.00; call 1-800-

686-PHCC if you wish to purchase a

copy. �

A Bit of Historyfrom

100 Years of Service

18 OHIO PHC CONTRACTOR • Summer 2004

Page 19: OHIO PHC CONTRACTOR • Summer 2004 · Summer 2004 • OHIO PHC CONTRACTOR 5 KBI 27781 Avenue Hopkins, Valencia, CA 91355 Telephone: (661) 257-3262 • Toll Free: (800) 325-9468 Fax:

19Summer 2004 • OHIO PHC CONTRACTOR

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Page 20: OHIO PHC CONTRACTOR • Summer 2004 · Summer 2004 • OHIO PHC CONTRACTOR 5 KBI 27781 Avenue Hopkins, Valencia, CA 91355 Telephone: (661) 257-3262 • Toll Free: (800) 325-9468 Fax:

20 OHIO PHC CONTRACTOR • Summer 2004

We need your help!We have been reporting legislation activities to you in every issue.

Your contribution to the Contractors’ Coalition PAC will enable us to be even more effective and help us

to keep those legislators who support our concerns in Ohio’s General Assembly.

Please copy or cut this form out and send your contribution today.

Contractors Coalition Political Action Committee (PAC-OH 892)

PAC Contribution $ __________

Name:____________________________________________ Occupation: _____________________________________Please print

Home Address: _____________________________________ City/State/Zip: ___________________________________

FORM OF PAYMENT

❑ Cash ❑ Personal Check - Payable to Contractors Coalition OH PAC 892 (NO CORPORATE CHECKS ACCEPTED)

❑ Visa ❑ MasterCard ❑ Discover (personal cards only)

Name on card: ___________________________________ Exp. Date: ____________ Amount: ____________________

Signature: _________________________________________________

Page 21: OHIO PHC CONTRACTOR • Summer 2004 · Summer 2004 • OHIO PHC CONTRACTOR 5 KBI 27781 Avenue Hopkins, Valencia, CA 91355 Telephone: (661) 257-3262 • Toll Free: (800) 325-9468 Fax:

21Summer 2004 • OHIO PHC CONTRACTOR

Myth: Association Health Plans (AHPs) will

allow organizations to “cherry pick” only the

healthiest individuals, leaving the states’ small

group markets to care for the sickest individuals.

FACT: AHPs are prohibited from being able

to “cherry pick.”

� The language clearly states that the bona fide

association must provide all interested employers

(regardless of age, health status, etc.) with infor-

mation regarding all coverage options available

under the plan.

� Under the Health Insurance Portability and

Accountability Act of 1996 (“HIPAA”), an indi-

vidual or employer cannot deny coverage based

on health status or claims experience. AHPs

would be subject to all the preexisting condition,

portability, nondiscrimination, special enrollment

and renewability provisions under HIPAA. Thus,

it will not be possible for AHPs to “cherry pick”

because sick or high risk groups or individuals

cannot be denied coverage.

� The language clearly prohibits discrimination

based on health status by stipulating any member

of an association who is eligible for membership

benefits be furnished with information regarding

all coverage options available under the plan and

may not be excluded from enrolling in the plan

because of health status.

� The bill requires that the contribution rates for

any particular employer must be nondiscrimina-

tory. This means that contribution rates for

employers cannot vary on the basis of any health

status-related factor with respect to employees of

particular employers or on the type of business or

industry in which the employer is engaged –

unless the state where that small employer is

located would specifically allow such a variation,

and then, only to the extent that the state would

allow.

� State insurance rating laws DO apply to fully

insured health products offered by AHPs. The

legislation does not preempt state laws that

govern the rating of insurance products offered

by associations. The legislation does not

supercede or impair the law of any state with

respect to issuers or health insurance coverage –

insurance carriers of fully insured AHPs would

continue to be required to maintain the state

requirements and laws such as prompt pay laws,

solvency requirements, and external review laws.

Myth: According to the studies by Congressional

Budget Office (CBO) and Mercer, AHPs would

result in as many as 100,000 workers losing their

coverage, increase insurance premiums for 80%

of small business workers, and cause as many as

one million people to lose their coverage as a

result of higher premiums.

FACT: These studies make a number of flawed

assumptions and opponents take these

numbers out of context. The Mercer

consultant study was prepared at the request

of an organization opposed to the legislation.

� The CBO Mercer studies make a series of

flawed assumptions.

1. The studies incorrectly assume AHPs will be

MYTHS VS. FACTS REGARDING

AssociationHealth Plans(AHPs)

Page 22: OHIO PHC CONTRACTOR • Summer 2004 · Summer 2004 • OHIO PHC CONTRACTOR 5 KBI 27781 Avenue Hopkins, Valencia, CA 91355 Telephone: (661) 257-3262 • Toll Free: (800) 325-9468 Fax:

22 OHIO PHC CONTRACTOR • Summer 2004

able to “cherry-pick” the market

despite strong protections in the legis-

lation to prevent doing so.

2. The studies assume AHPs cannot

provide administrative cost savings

compared to the cost of a small firm

buying coverage from an insurance

company despite real experience

showing that AHPs do achieve admin-

istrative savings.

3. The studies assume small firms

will offer only “bare bones” benefit

packages, when the reality is that

small businesses must compete

against large businesses for employees

and therefore must offer competitive

benefit packages.

4. The studies do not account for the

merits of increased health plan

competition because of the entry of

AHPs into the market, as well as the

benefit of bringing young, healthy

individuals who are now uninsured

into the health plan marketplace.

� Despite using questionable assump-

tions in its methodology, the non-

partisan CBO states that AHPs can

enhance the purchasing power of

small businesses through “more nego-

tiating power with health insurers”

and “lower administrative costs” as

fixed costs are shared among a larger

number of employees.

� In addition, CBO estimates that

once the effects of the legislation have

been fully integrated into the market-

place, about 600,000 formerly unin-

sured people (including employees

and their dependents) would have

health coverage. About 7.5 million

people would obtain health insurance

through association health plans.

� The statement by opponents that

“100,000 of the sickest workers who

would lose coverage” is from a set of

CBO assumptions that ALSO

concludes 2.1 million formerly unin-

sured people will obtain health

coverage through an AHP, for a net

gain of 2 million newly insured

people. In addition, according to

CBO, fewer people would be covered

by Medicaid, and Medicaid spending

would decline.

� Opponents’ statement that AHPs

will increase insurance premiums for

80% of workers is deduced from a

CBO projection that about 20 percent

of small firms (affecting 4.3 million

people) would switch to an AHP,

saving 13 percent on their premium

costs in the process. Those remaining

in the traditional market could experi-

ence increases of 2 percent.

� The Mercer study statement that

“as many as one million people will

lose their coverage” as a result of

higher premiums does not directly

link AHPs as the cause. Rather the

study notes that as costs increase,

small businesses are losing coverage

and experiencing difficulty accessing

the small group market. The fact is,

small businesses continue to lose

coverage – even without AHPs – as

costs rise. With AHPs, millions of

people who work for a small business

(or their dependents) will retain health

coverage they otherwise could not

afford, and more will gain coverage at

no cost to the federal government.

� Another study, by CONSAD

Research Corporation, estimated the

number of uninsured workers who

would gain coverage from this legisla-

tion at between 2.1 and 8.5 million. In

addition, the CONSAD study indi-

cated that small businesses encounter

obstacles to purchasing health insur-

ance beyond the question of price.

These include lack of trust in insur-

ance brokers, incomplete access to

information about the health plans and

benefits, and lack of resources to

understand and manage the terms of

available health plans. AHPs are

expected to resolve these problems by

providing small businesses with a reli-

able, familiar source for their insur-

ance information and management of

their plans.

Myth: AHPs lack adequate solvency

protections.

FACT: The legislation contains

extensive requirements for solvency.

� Health insurance issuers that offer

FULLY INSURED coverage to AHPs

will continue to be subject to state

laws regarding solvency. In addition,

the U.S. Department of Labor (DOL)

would condition its class certification

of fully insured AHPs on the issuer’s

satisfaction of state solvency and

other insurance regulations.

� With respect to SELF-INSURED

AHPs, the legislation sets forth

explicit solvency requirements that are

much stronger than current law for

employers or unions who self-insure,

as ERISA contains no solvency stan-

dards for these entities.

Claims Reserves: The AHP must

establish and maintain reserves in

amounts recommended by a qualified

actuary who is certified by the

American Academy of Actuaries.

Stop-loss: The AHP must secure

specific excess stop-loss coverage and

aggregate excess stop-loss coverage to

Page 23: OHIO PHC CONTRACTOR • Summer 2004 · Summer 2004 • OHIO PHC CONTRACTOR 5 KBI 27781 Avenue Hopkins, Valencia, CA 91355 Telephone: (661) 257-3262 • Toll Free: (800) 325-9468 Fax:

23Summer 2004 • OHIO PHC CONTRACTOR

protect against unexpectedly large

claims. Both of these insurance prod-

ucts will be fully regulated by the

state, and the Secretary of Labor is

able to modify or increase these

requirements by regulation.

Indemnification: The AHP must

secure indemnification insurance to

cover any claims left outstanding as

the result of a plan termination.

Surplus Requirements: In addition

to claims reserves, plans must estab-

lish and maintain a surplus in an

amount at least equal to $500,000 but

not greater than $2,000,000 as may be

set forth in regulations. A cap on

surplus requirements guards against

an AHP charging excessive premiums

for the benefit of the association at the

expense of plan participants.

Consultation with Actuaries and

Insurance Commissioners: The

legislation authorizes additional

reserve requirements and excess stop-

loss insurance as may be deemed

appropriate by the Secretary, taking

into account the recommendations of

the Solvency Standards Working

Group established by regulation. The

Working Group will consist of

members from the NAIC, the

American Academy of Actuaries, state

government officials, and other

involved parties.

Myth: AHPs would be allowed to

charge each small employer joining

the AHP a different rate based upon

the health status of its employees.

FACT: The bill requires that the

contribution rates for any partic-

ular employer must be nondiscrimi-

natory.

� The legislation specifically states

(Section 805(a)(2)(A)):

“The contribution rates for any

participating small employer do not

vary on the basis of any health status-

related factor in relation to employees

of such employer or their beneficiaries

and do not vary on the basis of the

type of business or industry in which

such employer is engaged.”

� This provision explicitly prohibits

an AHP from charging one firm a

higher rate than another based on

health status factors – except to the

extent already allowed by state law in

the state in which the employer is

located. This exception is provided to

protect an AHP from having unhealthy

risks dumped onto it by health insur-

ance carriers, or having good risks

“cherry picked” by the commercial

market.

continued on page 24

Page 24: OHIO PHC CONTRACTOR • Summer 2004 · Summer 2004 • OHIO PHC CONTRACTOR 5 KBI 27781 Avenue Hopkins, Valencia, CA 91355 Telephone: (661) 257-3262 • Toll Free: (800) 325-9468 Fax:

24 OHIO PHC CONTRACTOR • Summer 2004

Myth: Fully insured AHPs would only

be subject to the rate bands in their

state of domicile and would use those

rules in all other states in which they

operate.

FACT: AHPs can only generate a

set of rates for all insured groups

within the plan based upon the

overall claims experience of the

entire AHP.

� AHPs would utilize the standard

insurance factors currently used by the

insurance industry to calculate rates

for the plan.

� AHPs cannot use one state’s rating

bands for employers and employees

that live in ANOTHER state. The plan

can only vary rates for employer

groups within the AHP and located in

a given state to the same extent state

law allows insurance companies in

that state to do so.

Myth: AHPs will destroy consumer

protections by preempting all state

benefit mandates and regulations.

FACT: The preemption of state

mandates is an integral aspect of

ERISA.

� All labor unions and large corpora-

tions are preempted from state benefit

mandates and most regulations,

allowing them to operate across state

boundaries in a uniform manner.

Rather than use the preemption of

state benefit mandates to offer inferior

health coverage to workers, union and

self-insured large employers offer

extremely rich benefit packages to

their workers. As cited in a 1996 GAO

study, a KPMG study found that self-

funded plans are more likely to offer

the benefits and services that are most

commonly mandated by states than

fully insured plans. AHPs would do

the same for small businesses.

� Uniformity provides for lower

administrative costs. Administrative

costs make up only 5 to 12 percent of

health care costs for large employers,

compared to administrative costs for

smaller employers of 33 to 37 percent.

� The solvency standards, plan

requirements, oversight, and patient

protections included in the AHP legis-

lation are more stringent than those

now required by some states.

� AHPs would be subject to federal

health insurance requirements that

provide consumer protections, such as

COBRA continuation coverage;

ERISA’s claims procedures for benefit

denials and appeals; HIPAA’s guaran-

teed portability and renewability of

health coverage for those with preex-

isting conditions; the Mental Health

Parity Act; the Women’s Health and

Cancer Rights Act; and the Newborns’

and Mothers’ Health Protection Act.

� This legislation only preempts state

benefit mandates for INSURED health

plans. These types of plans must

continue to meet other consumer

protections, such as third-party

external reviews, as well as solvency

requirements set forth by the state.

Because it operates in the interest of

its members, AHPs will readily cover

benefits demonstrated to be cost-

effective, such as childhood immu-

nization, prenatal care, and cancer

screenings. The bottom line is that,

while well-intentioned, expensive

coverage mandates for infertility treat-

ment, alternative health services,

substance abuse treatment, or for serv-

ices not backed by sound science,

drive up the cost of health coverage

and leave small businesses unable to

afford coverage at all.

� If the AHP is SELF-INSURED, the

AHP will fall under the same rules

and requirements as other self-insured

plans (currently over 275,000 plans

covering 72 million lives). All self-

insured plans are exempt from most

state rules and regulations, and instead

are governed by federal law and regu-

lations with DOL oversight. Already,

there is a tremendous amount of liti-

gation regarding ERISA’s preemption

of certain state health plan require-

ments. To the extent that federal

courts rule ERISA does not preempt

certain state laws, self-insured AHPs

would also be required to comply with

such state requirements.

Myth: Association Health Plans are

just another name for Multiple

Employer Welfare Arrangements

(MEWAs).

FACT: Association Health Plans

are fundamentally different from

MEWAs.

� MEWAs are often “front” organiza-

tions for insurance companies or

insurance agencies to sell insurance.

Unscrupulous individuals or corporate

entities can start them for the sole

purpose of providing health insurance

- leading to adverse selection and

fraud. Often there is no certification

process before MEWAs can begin

providing health benefits to workers.

There are no federal solvency stan-

dards for MEWAs, which has often

led to fraud and abuse.

� In contrast, the sponsor of an AHP

must be a bona fide professional or

trade association organized and main-

continued from page 23

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25Summer 2004 • OHIO PHC CONTRACTOR

tained in good faith, with a constitu-

tion and bylaws specifically stating its

purpose and providing annual meet-

ings, and must be in existence for a

minimum of 3 years for purposes

other than that of obtaining or

providing health coverage.

� Associations must set up a separate

trust with Trustees who become fidu-

ciaries under the plan and are subject

to the same ERISA fiduciary responsi-

bilities as fiduciaries of corporate and

union health plans. The trustees must

set up a financial and operational plan

for the trust and plan.This assures the

active and ongoing involvement of the

trustees in the plan’s operation. The

Trust must file for certification with

the Department of Labor.

� The continued oversight of the

association on behalf of its members

is a key factor in assuring and main-

taining the solvency and credibility of

AHPs in the long term. In order to be

successful and retain participation in

the plan, associations that offer AHPs

will have to offer benefits equal to or

superior to traditionally regulated

insurance products to attract

employers and their employees.

Myth: AHPs will have little, if any

oversight, by state or federal regula-

tors, which will hurt small employers

and employees.

FACT: Just like other self-insured

plans governed under ERISA, self-

insured AHPs will be regulated by

the Department of Labor.

� DOL will only grant certification if

all of the requirements set forth in the

ERISA AHP statute and implementing

regulations are met.

� Fully insured association health

plans will be dually regulated by both

DOL and the state insurance commis-

sioners, the same as large employers

now offering fully insured health plan

options under ERISA. The state insur-

ance commissioner will continue to

have oversight of the fully insured

plans, as they will continue to require

insurance companies that offer the

AHPs to meet all state regulations and

requirements, such as prompt-pay

laws, external review, solvency stan-

dards, etc. The DOL will consult with

state insurance commissioners to

ensure that issuers offering products

to AHPs meet the appropriate state

standards.

� Enrollees in AHPs will have more

oversight than people in large corpo-

ration and union plans. Moreover,

they will have the association to go to

bat for them should they encounter

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Page 26: OHIO PHC CONTRACTOR • Summer 2004 · Summer 2004 • OHIO PHC CONTRACTOR 5 KBI 27781 Avenue Hopkins, Valencia, CA 91355 Telephone: (661) 257-3262 • Toll Free: (800) 325-9468 Fax:

problems with the plan because the

association has an enormous incentive

to keep their members who are

enrolled in the AHP satisfied.

� In addition, this legislation requires

that an AHP be offered by a bona fide

association under a Trust with

Trustees who are fiduciaries respon-

sible for both the financial and opera-

tional integrity of the plan. This

continued oversight of the association

on behalf of its members is a key

factor in assuring and maintain the

solvency and credibility of AHPs in

the long-term.

Myth: The Department of Labor

(DOL) is not capable of regulating

AHPs effectively.

FACT: The U.S. Department of

Labor has effectively regulated tens

of thousands of self-funded

employers for almost 30 years.

� The Department of Labor currently

administers ERISA protections

covering approximately 2.5 million

private, job-based health plans and

131 million workers, retirees and their

families. Of these, 275,000 plans

covering 67 million individuals are

self-insured, and therefore subject

exclusively to DOL oversight. In addi-

tion, 5 million people are covered by

self-insured multi-employer plans

(established and operated jointly by a

union and two or more employers) are

overseen exclusively by DOL under

the Taft-Hartley Act. These self-

insured and union plans cover more

than 72 million participants. The

Department has testified that it stands

prepared to allocate the resources

necessary to ensure proper AHP certi-

fication and stringent oversight.

� The Department of Labor has first-

hand experience dealing with group

health plan regulation, as well as

combating insurance fraud. In fact,

DOL benefit advisors assisted 114,000

individual workers, retirees and their

families with their inquiries about

their health benefits in FY02.

� DOL has a strong record of

enforcement, protecting workers,

retirees and their families in health

plans. In FY02, DOL recovered $140

million in assets restored to health and

welfare plans.

Myth: Associations would receive

significant benefits and revenues from

offering health plans.

FACT: Under AHPs, small business

owners and their co-workers reap

the benefits.

� AHPs must meet all of ERISA’s

fiduciary rules requiring that the

assets of an employee benefit plan be

held in trust for the exclusive benefit

of plan participants and their benefici-

aries, and for defraying reasonable

expenses of administering the plan. In

short, fiduciaries under ERISA are to

act solely in the interest of partici-

pants and beneficiaries, and in both

self-funded and fully insured AHPs,

all profits/savings must go to the plan

participants.

In contrast, health insurance compa-

nies in the commercial small group

market retain a significant

percentage of premiums for adminis-

trative costs, marketing, and commis-

sions, and in the case of publicly

held companies, profit and investor

return. �

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26 OHIO PHC CONTRACTOR • Summer 2004

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“Managing For Profit In a Changing World”Class of 2004

Graduates were honored at their closing banquet on June 18, 2004.(l. to r.) Julie Sanders, Portage Plumbing; Michael Kolp, J. L. Kolp

Plumbing & Heating - Facilitator; Terry Geer, Geer Plumbing; Jeff Noll,Noll’s Plumbing; Sandy Pogan, CAE, Staff Support; Chris Gates,Gates Plumbing; Eileen Nixon, Nixon Plumbing; Bill Eckel, Eckel

Plumbing. Not pictured is Dan Listo, Listo Plumbing

What’s Happening?

CALENDAR OF EVENTSFor details and registration information, contact the Ohio PHCC office at1-800-686-PHCC [7422]

2004August 15-16 Automatic & Underground Sprinkler certification

class & test Columbus - Airport Marriott - Instructors: Richard Willkomm, Keith Willkomm, Vincent Conkey

August 20-21 State PHCC Board of Directors Meeting -Columbus Hilton at Easton

August 24-27 Medical Gas Training in central Ohio. Instructor:Dave Mohile, Medical Engineering Services, Inc.

September 15-17 Construction Contractors Alliance (CCA) Fall Meeting (an enhanced service group for newconstruction contractors in PHCC) - Denver, CO

November 3 Labor Calculator Seminar in Central Ohio (Labor Calculator is available for a free 30-day trial period on the national PHCC web site …go to www.phccweb.org - Educational Foundation.)

2005February 24-26 Quality Service Contractors (an enhanced service

group of PHCC for those in the Service & Repair business). Scholarships are available. Savannah, GA.

March 30-April 2 PHCC-ACCA Ohio Convention in Columbus at the Columbus Hilton (Easton). Annual Meetings on Thursday, March 31. CEU approved seminars and social events fill the schedule.

April 1 EXPO of products and services for plumbing, heat-ing, hydronics and refrigeration contractors.12 noon - 5:30 p.m.

April 14-16 Legislative Conference in Washington, DC on the 14th; PHCC Leadership Conference on the 15th & 16th.

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28 OHIO PHC CONTRACTOR • Summer 2004

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29Summer 2004 • OHIO PHC CONTRACTOR

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30 OHIO PHC CONTRACTOR • Summer 2004

Mike Kolp

J L Kolp Plumbing & Heating330-499-8353Fax: 499-6980975 Penny Street SENorth Canton, OH [email protected]

TreasurerDoug McIntire

McIntire Plumbing330-339-1539Fax: 339-6945842 Cookson Avenue SENew Philadelphia, OH [email protected]

Joseph Schlueter

Schlueter Plumbing Co.513-771-7588Fax: 771-91152533 E. Sharon RoadCincinnati, OH [email protected]

Zone 3Joseph Schlueter

Schlueter Plumbing Co.513-771-7588Fax: 771-91152533 E. Sharon RoadCincinnati, OH [email protected]

PresidentJack Shuman

Shuman, Inc.330-688-2322Fax: 688-3151PO Box 373Munroe Falls, OH [email protected]

Bob Palmer

Portage Plumbing & Heating330-626-3404Fax: 626-54999657 St. Rt. 43Streetsboro, OH [email protected]

Zone 2Mike Waker

Waker Plumbing Inc.937-434-2678Fax: 434-16741760 E. David RoadKettering, OH 45440-1670

Zone 7Dan Powers

Powers Plumbing Service330-920-9861Fax: 920-9861620 James AvenueCuyahoga Falls, OH 44221

Zone 6Richard E. Willkomm

Willkomm & Sons Co.216-486-7633Fax: 486-7633353 Dumbarton AvenueRichmond Heights, OH [email protected]

Vice PresidentWendell Coblentz

Coblentz Plumbing330-877-8989Fax: 877-8525PO Box 884Hartville, OH 44632-8927

President-ElectLiana Driscoll

The Neff Co.330-533-5559Fax: 533-366855 Lisbon StreetCanfield, OH [email protected]

Zone 9Mark Armstrong

Baum Plumbing & Heating Co.330-456-3466Fax: 456-34661012 W Tuscarawas St WCanton, OH 44702 2030

Sandy Pogan, CAEExecutive Manager

Debbie Tittl

Executive Assistant

Zone 8Jim Thornton

Thornton & Son330-793-9768Fax: 793-59141005 N. Meridian RoadYoungstown, OH 44509

Zone 5Bruce Dunkle

Mr. Plumber614-235-8128Fax: 237-83812020 Zettler Rd.Columbus, OH [email protected]

Jessica Tittl

Office Support

PHCC of Ohio 2004 - 2005 OFFICERS & BOARD

TRUSTEES

PHCC OFFICE STAFF

PAST PRESIDENTSADVISORY COMMITTEE

18961 River’s Edge Drive, Chagrin Falls, Ohio 44023 Phone: 800.686.PHCC Fax: 440.543.1699Email: [email protected] Web: www.phccohio.org

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31Summer 2004 • OHIO PHC CONTRACTOR

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Plumbing-Heating-Cooling Contractors of Ohio18961 River’s Edge DriveChagrin Falls, Ohio 44023

PRSRT STDU.S. Postage

PAIDMedford, ORPermit No. 348