Implications of college rating idea unknown

Education leaders are praising President Obama's proposal to tie federal aid to a college's value, but worry that creating a single rating system to measure that might be the wrong approach and might discourage students from going into low-paying careers after they graduate.

"It does make sense to link budget allocations to performance and results and not just to enrollment," said Richard M. Freeland, Massachusetts commissioner of higher education. "But I'm not sure one formula for all types of institutions in all regions of the country will make sense."

Under the president's proposal, the federal government would create a rating system by 2015 to guide students to colleges offering the best value based on average tuition, graduation rates, student debt burden, percentage of low- and middle-income students who receive loans, and graduates' earnings.

But Richard Doherty, president of the Association of Independent Colleges and Universities in Massachusetts, said using graduates' earnings as a criteria "builds in a perverse incentive" for students not to go into what are often low-paying professions, such as teaching and social work. And in order to improve graduation rates, colleges might be more selective about the students they admit.

Obama's proposal nevertheless could put pressure on colleges to hold down tuition and graduate more students because federal aid would depend on the value a school provides.

Over the past 30 years, average tuition and fees at four-year public colleges and universities have increased 257 percent in inflation-adjusted dollars, according to the College Board. Wages, meanwhile, have risen only 16 percent.

But Congress would have to authorize any shift in financial aid, and Republicans could try to block the president's proposal.

"Anytime you hear another edict from the Obama administration, you have to think twice," said Tim Buckley, a spokesman for the Massachusetts GOP. "Considering the disastrous implementation of Obamacare, members of Congress would be wise to doubt this program's usefulness. Trying to treat large public universities and small private colleges the same way is another one-size-fits-all solution that is sure to fail."

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Patrick Dempsey out of Tully's Coffee venture

SEATTLE — Actor Patrick Dempsey and his business partner in the venture that acquired Tully's Coffee out of bankruptcy have dissolved their partnership.

In a joint statement late Friday, the "Grey's Anatomy" star and California lawyer Michael Avenatti said their legal dispute has been fully resolved.

Court documents filed Aug. 20 in Dempsey's King County Superior Court lawsuit against Avenatti said the lawyer initially was the sole owner of Global Baristas LLC. The documents say Dempsey joined Global Baristas a short time later. The ownership group prevailed against other bidders including Starbucks in an auction of more than 40 Puget Sound-area Tully's stores.

Dubbed "McDreamy" on the TV hospital drama, Dempsey was the public face of the successful bid. He said Friday he was "happy to have been a part of the effort that brought awareness to the Tully's brand."

Avenatti spokeswoman Suzy Quinn says the lawyer, "with other investors and the Tully's management team," will continue operating the stores.

A report on the dispute was first carried in The Seattle Times.

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Lexus ES300h is total package

Although the Lexus ES300h and its brand mate the Toyota Camry Hybrid roll from the same engineers, it's remarkable how refreshingly different they are.

I had a chance to compare the two when my personal car was in the shop and the Toyota was the rental provided.

The Lexus is everything a Lexus should be — elegant, quiet, polished, well-appointed and technically advanced. The Camry is a good car in its own right but when the checklists were compared, and if you can swing the sticker price, I'd opt for the Lexus at every turn.

The cost-conscience shopper will get great value in the loaded $36,000 Camry Hybrid XLE but I'd dig deep and get the upscale Lexus sedan even with its higher base of $38,850. The level of craftsmanship and refinement in the Lexus is what separates the cars. We tested out at $46,070 with the bulk of the extra cost in the $2,625 navigation and backup camera package.

Let's start by sliding into the comfortable 10-way adjustable leather seats and grasping the bamboo and leather-trimmed steering wheel, all part of the $1,370 Luxury Package. A quick press of the start button begins the experience of driving this hybrid. If the steering wheel doesn't telescope to your preset and the infotainment screen doesn't illuminate, the car isn't running. It's so quiet in fact, I walked away from the car and wondered why the doors would not lock, only to realize that I had forgotten to shut the car off.

The soft touch leather, well-fitted plastic and bamboo trim extend through the cabin and the gentle curves create a comforting but not claustrophobic cabin. Lexus luxury extends to the passengers, too, as rear legroom and personal climate control make all very comfortable.

The ride is confident and secure and a quick turn of the console-mounted knob lets you select the best mode to drive in: ECO, Normal and Sport. Sport sets the steering response and acceleration to very aggressive and quick but decreases gas mileage. Normal is more passive yet with good engine response and ECO softens all for high mileage. I averaged more than 35 mpg while flipping through the modes, which was slightly less than the estimates but personal driving habits will influence final mileage.

Powered by a gasoline/electric motor that has been featured in Toyotas since the Prius was introduced and mated to a very smooth electronically controlled continuously variable transmission, the 200 total horsepower made acceleration response immediate and powerful.

The sweeping, ever-so-slightly aggressive lines are accented by feline-like projector bulb headlights and wraparound taillights. The spacious trunk accommodates plenty of luggage, so with excellent gas mileage, personal space and top-notch luxury, head for the highways. Lexus safety features are prominent and range from Smartstop Technology and parking assist to blind spot monitoring.

There are many fine hybrids on the market now, but if you desire an elegant car with an eye to the environment the Lexus is a great choice.

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The Ticker

UPS drops some spouses from health benefits plan

United Parcel Service Inc. is ending health insurance benefits for U.S. nonunion employees' spouses who can get coverage elsewhere.

UPS estimates that 15,000 of the 33,000 spouses it covers can get insurance from their own employer and will be dropped from the UPS plan. UPS cited the 2010 health care law promoted by President Obama for the change.

"Since the Affordable Care Act requires employers to provide affordable coverage, we believe your spouse should be covered by their own employer — just as UPS has a responsibility to offer coverage to you," the company said in a memo to employees.

Applications for jobless benefits rise

The number of Americans applying for unemployment benefits rose last week after reaching the lowest level in 5 1⁄2 years. But the broader trend suggests companies are laying off fewer workers and could step up hiring in the months ahead.

The Labor Department said yesterday that applications for first-time benefits rose 13,000 to a seasonally adjusted 336,000 in the week ending Aug. 17. That's up from 323,000 in the previous week, which was the lowest since Jan. 2008.

The four-week average, which smooths week to week fluctuations, fell by 2,250 to 330,500. That's the sixth straight decline and the lowest for the average since November 2007.

A & F reports 33% drop in profits

Abercrombie & Fitch is the latest retailer to catch a case of the teenage blues.

A&F's shares plummeted yesterday after the store chain reported a 33 percent drop in second-quarter profit and warned that business would get even worse in the current quarter, which includes the final stretch of the back-to-school selling period. The teen retailer's results missed analysts' estimates and its third-quarter earnings forecast came in well below Wall Street expectations.

The stock tumbled nearly 18 percent, or $8.27, to close at $38.53.

TODAY

 Commerce Department releases new home sales for July.

 451 Marketing announced that Susannah Grossman, left, has joined the 451 Marketing team as account executive. Grossman is responsible for planning and executing communications campaigns for many 451 Marketing clients, including Boston Chops, Deuxave, Puritan & Co. and 51 Lincoln.

 Comverse, a telecom business enablement company, announced that Andreas Herzog has been named to lead the Comverse Managed Services organization. Herzog brings deep knowledge and industry-recognized experience in all aspects of managed/transformation services.

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Back-to-school meets Santa Claus

Toys"R"Us and Walmart got a very early jump on the holiday shopping promotions machine this week — for Christmas, not Halloween — by announcing price-matching and layaway policies for the most important sales period of the year.

Their unseasonable entree is indicative of how much more competitive it will be this year for stores to attract consumers who are closely guarding their wallets.

"They're going to be out there marketing Christmas early — the creep is going to continue," said analyst Ken Perkins, of Swampscott's Retail Metrics. "Consumers are not seeing significant wage gains, so there's not a particularly large, growing pie of discretionary dollars to spend. We're seeing it in back-to-school, and I think we'll see it again in the holiday season."

As a result, retailers have to be pretty promotional to drive traffic and sales. Toys"R"Us expanded its in-store "price match guarantee" to include pricing from e-tailers such as Amazon, Walmart.com, Target.com and BestBuy.com.

"We want to take away any concerns our customers might have about maximizing their budgets," chief merchandising officer Richard Barry said in a statement.

The announcement came a month and a half earlier than Toys"R"Us' introduction of its price-matching program for brick-and-mortar competitors last October.

Walmart, meanwhile, will roll out its holiday layaway program earlier this year — on Sept. 14; Sept. 11 for Facebook fans — and will eliminate the $5 opening fee. It also increased the number of items available for layaway to 35,500, from 34,500.

"Times are tough and it's not easy for many Americans — they are watching every penny," chief merchandising and marketing officer Duncan Mac Naughton said in a statement. The company reinstated a $10 cancellation fee, however.

Walmart last week attributed softer-than-expected sales to cautious consumers. Its lower-income customers, in particular, are stressed by higher payroll taxes and gas prices, and they haven't benefited from a stronger jobs market or wage increases.

The beefed-up layaway program is a smart move that caters to a consumer trend, born of the Great Recession, of not wanting to accumulate debt, said Jon Hurst, president of the Retailers Association of Massachusetts. "Layaway is all about those early shoppers who want to ... lay aside some gifts without putting the whole cost on a credit card," he said. "If you're going to do a layaway program, you probably want to start announcing it and promoting it when the consumers are in the stores for back-to-school shopping. A lot of these types of holiday gifts are impulse buys."

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Five Hub homes that flew off the market

As interest rates creep up, demand for housing is still strong. Here is a look at several homes that sold in Boston last week. All of the properties sold within eight to 22 days and some properties sold for more than the asking price.

Unit 1 at 67 Green St. in Charlestown was listed for $479,000 and sold for $515,000. The one-bedroom-plus condo, close to Monument Square, has deeded parking that leads to a brick patio as well as the entrance. Inside the 1,175-square-foot condo is a gourmet kitchen featuring black granite countertops, custom maple cabinetry and stainless steel appliances. The open living room has a gas fireplace, hardwood floors and wooden shutters. Also included is central air and extra storage space. It was sold by Noel Atamian of Hammond Residential in 11 days.

Rene Rodriguez of Cabot and Co. sold Unit 2 at 608 Tremont St. in the South End for $604,000 — $65,000 over the $539,000 list price. The spacious two-bedroom condo plus study is centrally located at Tremont and Dartmouth streets. The 1,152-square-foot home has an open concept living and dining room featuring high ceilings, hardwood floors and a fireplace.

The galley style kitchen also has a separate wall oven. There is excellent closet space as well as an oversized bonus room that can function as a media room, library or den. It sold in eight days.

In Back Bay, the 997-square-foot home 80 Marlborough St., Unit 1, sold by the Ranco and DeAngelo team at Hammond Residential, went for the list price of $619,000. Located on the second block in Back Bay, the sprawling one bedroom features many special touches such as a separate office alcove, a private entrance and an exclusive-use brick patio. There are custom finishes throughout the condo, including top-of-the-line appliances, oversized crown moldings, wooden blinds, accent lighting and custom built closets. There is also central air, an alarm system, a private laundry and an extra-large master closet. It sold in 22 days.

On Beacon Hill at 36 Hancock St., Unit 1B was listed for $565,000 and sold for $570,000. The newly renovated two bedroom has an open design kitchen with a charming adjacent breakfast nook. The fireplaced living room has extensive built-in bookshelves, high ceilings and exposed brick.

The versatile 844-square-foot layout contains a beautifully renovated bath and is located in a professionally managed building on a desirable tree-lined street just steps to Whole Foods and the T. There is also a common roof deck in the building with panoramic views of Boston. It was sold by the Ivy Team at Keller Williams Realty. In the Moss Hill area of Jamaica Plain, located at 181 Moss Hill Road, is a four-bedroom, single-family home that was listed for $689,000 and sold for $688,000. The more than 2,000-square-foot home also includes three full bathrooms that have been newly renovated. The open floor plan highlights the oversized living room/dining room as well as the sun room and inground pool. This meticulously maintained home also has a master suite with new closet systems, central air conditioning, two fireplaces and a finished basement with a full bathroom. It was sold by Sarah Carroll of Coldwell Banker Residential Brokerage.

Jennifer Athas is a licensed real estate broker. Follow her on Twitter @Jenathas.

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Is Zuckerberg’s Internet mission too self-serving?

Granting Internet access to the 5 billion people worldwide who currently lack it is a moral imperative, but Mark Zuckerberg is not the right person for the job.

The Facebook CEO and founder gained gushing praise when he announced the formation of a business coalition to bring mobile Internet access to underdeveloped areas earlier this week. Zuckerberg posted a lengthy position paper late Tuesday declaring Internet access a fundamental human right as he announced the partnership, dubbed Internet.org, with Ericsson, Nokia, Samsung and the chipmaker Qualcomm. The group will focus on researching ways to make data cheaper and bring mobile technology to underserved parts of the world.

The problem is that Zuckerberg wants to be Bill Gates both during and after Microsoft. He wants to run the most powerful social networking platform on Earth and simultaneously become the world's foremost humanitarian. But he can't do both at once. Not credibly, at least. His position paper makes this all too clear. In it, Zuckerberg admits that Facebook has nearly reached its saturation point in the Western world, noting that fact was what sparked this quest. There are too few customers left. If he wants more, he has to create them.

The most eyebrow-raising part of Zuckerberg's white paper is a hypothetical he poses. He posits, without evidence, that if you asked people who have grown up in an undeveloped area whether they want a data plan, they won't know what a data plan is. But, he says, if you ask those same people whether they want Facebook access, "they're more likely to say yes."

He's not so much advocating for pure Internet access as he is saying that Facebook is to be the Internet. He undercuts his entire argument with these hints of indoctrination.

Zuckerberg's plan currently focuses on the mobile space. Think smartphones and tablets. It's no coincidence that this same area is where Facebook is most focused.

Zuckerberg is a noted philanthropist, as anyone worth $16 billion should be. He doesn't have bad intentions. But he suffers from a conflict of interest, and a bit of cluelessness. He has no idea what it took, for instance, for the One Laptop Per Child program to distribute Motorola Xoom tablets to 20 children in a remote village of Ethiopia. The day that Mark Zuckerberg travels from village to village and mudhut to mudhut interviewing parents and children with a translator, as OLPC did for weeks, is the day he'll start to be a real player in one of the most important humanitarian causes of our time.

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Gaming co. cuts its losses, looks to Plainville for slots

Penn National Gaming is looking to Plainville for a reprieve and a shot at the sole slots parlor license in the state, a Plainville town official said a day after voters in Tewksbury shot down the company's slots proposal there.

"There are discussions going on as we speak," Plainville Town Administrator Joe Fernandes told the Herald yesterday. "They're an applicant without a location and we're a location without an applicant."

Tewksbury residents rejected zoning changes Tuesday that would have allowed Penn National's $200 million slots parlor plan, which included a restaurant proposal by former BC star and CFL and NFL player Doug Flutie, to move forward.

Fernandes said the Pennsylvania company is in talks with the owners of Plainridge Racecourse, who were disqualified earlier this month from seeking the slots parlor license by the state Gaming Commission, citing systemic issues including a lack of attention to detail and interest in running a casino.

The owners of Plainridge are now exploring other options, including leasing or selling the property.

A spokesman for Plainridge declined to comment. A spokesman for Penn National declined to comment on talks about any new locations.

"Penn National is going to take a step back and take some time to determine what, if any, options they want to consider in Massachusetts," spokesman Will Keyser said.

Penn National is slated to go before the state Gaming Commission later this month for a suitability hearing to determine if it qualifies to move ahead with a slots proposal and Keyser said the company will continue with that process. Gaming Commission spokeswoman Elaine Driscoll said the commission has no problem holding the hearing if that 
is what Penn National wants to do.

Plainville has left the door open for another company to come in, deciding to go ahead with a town-wide referendum Sept. 10 despite the lack of a slots partner.

Driscoll said the town is welcome to find another partner.

"The gaming statute allows for a considerable amount of local control at this point in the process," she said.

Three other proposals have been qualified by the commission to move ahead on slots proposals — Raynham Park; Mass Gaming & Entertainment, a subsidiary of Rush Street Gaming; and PPE Casino Resorts, affiliated with Baltimore-based Cordish Cos.

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The Ticker

Staples' stock slumps on profit forecast cut

Staples Inc., the world's largest office supplies chain, slumped the most in more than two years after cutting its annual profit forecast because of declines in its retail and international business. The shares slid 15 percent to $14.27 at yesterday's close in New York for the largest drop since May 18, 2011. Staples has gained 25 percent this year, compared with a 15 percent increase for the Standard & Poor's 500 Index.

Fed seems on track to slow bond buys

The Federal Reserve appears on track to slow its bond purchases by the end of this year if the economy continues to improve. But it remains divided over the exact timing of the move. That's the message from the minutes of the Fed's July 30-31 meeting released yesterday.

A few policy makers said they wanted to assess more economic data before deciding when to scale back the central bank's $85 billion a month in Treasury and mortgage bond purchases. These policy makers "emphasized the importance of being patient," the minutes said.

Huff Post to end anonymous comments

The Huffington Post will end anonymous commenting on the site, Arianna Huffington told media in Boston yesterday. Citing an increase in malicious comments, she said the site, which has received 260 million comments since its inception, will make the change in mid-September.

"Trolls are just getting more and more aggressive and uglier and I just came from London where there are rape and death threats," she said.

TODAY

 Labor Department releases weekly jobless claims

 Freddie Mac, the mortgage company, releases weekly mortgage rates

 Gap Inc., Sears Holdings Corp. report quarterly financial results.

TOMORROW

 Commerce Department releases new home sales for July.

 TD Bank has named Theresa K. Conroy, left, as vice president, relationship manager, based in Boston. She is responsible for providing full-service solutions, including lending, cash management, deposits and foreign exchange to commercial banking customers in Greater Boston. Conroy has nine years of experience in commercial banking and lending. Previously, she served as a credit officer with Sovereign Bank/Santander in Boston.

 Wood Palace Kitchens, a premier cabinetry distributor representing select manufacturers and providing turnkey services for customers, announces the appointment of Barbara Spaulding as kitchen designer and sales representative. In this dual role, Spaulding works with customers to custom design their kitchens, in addition to developing new business.

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Report: Medical industry robust in Massachusetts

Massachusetts continues to lead the nation in R&D jobs and federal research funding per capita, though smaller biotech clusters in New York and Washington, D.C., are growing at faster rates, according to the Massachusetts Biotechnology Council's annual industry report.

In 2012, the state's biopharma industry added 365 jobs for a total of 56,462, including 27,883 in biotechnology research and development — more than in any other state.

From 2007-12, Massachusetts added 3,227 jobs in biotech research and development, second only to California's 4,304. But the Bay State's 13.1-percent growth over that period was outpaced by Washington's 53.8 percent, New York's 41.7 percent and California's 22.5 percent growth.

"It says we maintain a very strong position nationally and globally, but it does also raise questions about what's next," said Peter Abair, MassBio's director of economic and global affairs. "We need to consider what's going on in smaller clusters like D.C. and New York and see if we can learn from that."

In addition to the jobs the biopharma industry added, the medical device industry added 205 jobs last year for a total of 23,151, a figure that is closer to more than 70,000 if jobs at companies that manufacture components of medical devices are included, said Thomas Sommer, president of the Massachusetts Medical Device Industry Council.

"It's modest growth," Sommer said. "It reflects the fact that the industry is challenged by the 2.3 percent medical device excise tax that went into effect Jan. 1."

Only California and Minnesota employed more people in the medical device industry last year, with 74,377 people and 29,087 people, respectively, according to the MassBio report.

Massachusetts also trailed California in National Institutes of Health funding in 2012. California received $3.47 billion — more than any other state — while Massachusetts came in second with $2.56 billion.

On a per-capita basis, however, Massachusetts led all states by far, with $391 per person, compared to $93 in California. And half of the top 18 NIH-funded research hospitals are in the Bay State.

Venture investment in Massachusetts biotechs declined from an all-time high of $1.07 billion in 2011 to $838 million last year, or 21 percent of all U.S. venture capital. Nationally, venture investment in biotech declined 15 percent in 2012.

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Danvers grocery awaits OK on alcohol

A Stop & Shop in Danvers may soon be selling beer and wine, the latest grocery store to take advantage of a change in state law that allows more supermarkets to carry alcohol.

The Route 1 grocery store's application was cleared by the town's Board of Selectmen earlier this month and must still be approved by the state's Alcoholic Beverages Control Commission.

A spokeswoman for Stop & Shop said it hopes to know for sure by September.

It would be the fourth Stop & Shop location to sell alcohol in the Bay State — joining branches in Hingham, Quincy and Malden — and the first attempt by the Quincy-based company to add more alcohol licenses since a change in state law went into effect in 2012.

Under the new law, grocery stores can increase the number of locations selling booze from three to five. In 2016, that number will grow to seven.

By 2020, grocery stores will be able to stock alcohol at up to nine locations.

A spokesman for Shaw's and Star Market couldn't say whether the supermarket has any current plans filed to add liquor licenses beyond the three locations in Cambridge, Franklin and at the Prudential in Boston, where it already sells alcohol.

A spokesman for Market Basket did not return a call seeking comment.

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Framingham’s TJX surges, lifts outlook

TJX — the corporate owner of the T.J. Maxx, Marshalls and HomeGoods chains — continues to impress investors with high earnings, showing its off-price big-brand "treasure hunt" stores remain popular amid an uneven retail climate, while the company prepares to launch web sales.

The Framingham company beat Wall Street estimates with earnings that jumped 13.9 percent to $479.5 million for the quarter ended Aug. 3, on sales that rose 8 percent to $6.4 billion.

The TJX Companies, Inc., has a markedly different operating model than most retailers, according to Stifel Nicolaus analyst Richard Jaffe. "They're selling nationally recognized brands at discounted prices," he said. "(Consumers) have to apply some energy in looking through the assortments, but they know that they will find good things at low prices, and that is very different from ... any other department store or specialty store."

TJX saw increased customer traffic and higher checkout receipts, with strong results in clothing and home goods.

"It is great to see a strong performance continue over such strong year-over-year comparisons," CEO Carol Meyrowitz said.

TJX narrowed the window for its T.J. Maxx e-commerce website launch, saying it will begin controlled test sales by late fall.

Meyrowitz isn't concerned about translating the "treasure hunt" experience to online, where customers, as in stores, may not always find items in the right color or size. "I believe it can," she said. "T.J. Maxx is a very well-known brand."

TJX shares hit a 52-week high of $54.41 yesterday, closing at $54.24, up 6.88 percent. The better-than-expected results, combined with a "solid start" to the current quarter, prompted the company to raise its outlook for the entire year.

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‘University 
Pages’ aim to help with college hunt

LinkedIn, the social network for professionals, branched into academia and targeted a teen audience yesterday with University Pages, a first step in a plan to win members as young as 13 who are already thinking about college and careers.

The social network launched pages for its first 200 schools — including Boston University, Boston College, Harvard, MIT, Babson, Bentley, Brandeis, Tufts, Northeastern, Wellesley and Hult International School of Business — with an ultimate goal of 23,000 universities worldwide, said Crystal Braswell, a LinkedIn spokeswoman.

The pages let alumni connect with former classmates while current students can get regular updates about campus news and activities. But Braswell said University Pages is especially aimed at younger students deciding where to apply to college, and is designed to help them explore universities worldwide, check out notable alumni and get a head start on building a network to guide them in their choice of schools and majors.

"Students are the fastest-growing demographic on LinkedIn," she said in an email. "Today, we have more than 30 million students and recent graduates on LinkedIn. University Pages are designed to help students — both teenagers and university/college age — make smart, informed decisions about their educational and professional future."

To facilitate that, LinkedIn, beginning Sept. 12, will lower the minimum age for members from 18 to 14 in the U.S. and 13 internationally. High school students will be able to create profiles just as older members do, except instead of their alma mater and work history, they'll be able to tout courses they've taken, test scores, extracurricular activities and volunteer work, Braswell said.

Kristy N. Kime, BU's associate director of alumni online engagement, said, "LinkedIn's University pages will open a new door connecting not only alumni, but current students and prospective students who are considering attending Boston University. We are very excited about where this will go."

Lowering the sign-up age is a wise move for the social network, whose membership has been heavily male and older, said Todd Van Hoosear, owner of Fresh Ground, a Cambridge social-media consulting firm. "Linked­In's missing out on a lot of advertising dollars. It's got to appeal to a younger audience."

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Insurance innovator intrigues observers

A startup insurance company approved to offer health coverage to Massachusetts residents is promising a new approach to cut costs.

Minuteman Health, the first insurance company to be approved in years in Massachusetts, will be member-governed, something that should bring lower costs and better care to members, the company said. Approved by the Division of Insurance last week, this will allow Minuteman to offer insurance plans that are unlike any in the state, the company said.

"We're trying to deliver additional choice and competitive new product to the market," said Tom Policelli, CEO of Minuteman. "We're trying to deliver value to the consumer."

All members of the board will be Minuteman policyholders, and those members will be voted on by every policyholder.

"That's something we haven't seen in Massachusetts before," said DOI commissioner Joseph G. Murphy. "It's a unique facet of Minuteman's creation."

Amy Whitcomb Slemmer of Health Care for All, a consumer insurance advocacy group, said, "They have an opportunity to do it right out of the box. We certainly are interested in the innovation, we're excited about consumers being on the board of directors, and we're going to watch carefully."

"I personally welcome any additional new entrants to the marketplace because we have not had them for many years," said Joshua Archambault, director of Health Care Policy for the Pioneer Institute. But he and Slemmer added they are waiting to see how the company develops.

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Cigna’s counseling rule draws fire

With the genetic testing business booming, national health insurer Cigna Corp. is telling its customers to get insurer-approved counseling before it will pay for certain tests, a move that has critics questioning the insurer's motives.

"If the counseling is used as a tool to help consumers better direct their care, it will add tremendous value to empower patients," Joshua Archambault, the Pioneer Institute's Director of Health Care Policy, told the Herald about Cigna's new rule.

Starting Sept. 16, Cigna customers who want their insurer to pay for tests that will tell if they are at risk of breast, ovarian and colorectal cancers, or the heart condition Long QT, must first meet with a Cigna-
approved counselor.

"If the counseling is solely utilized as a cost-containment measure, patients are likely to be unhappy as the future of medicine will involve individualized care based on one's genetic makeup," Archambault warned.

Cigna says it adopted the policy because these tests, which can cost up to $4,000 each, are often requested and often misunderstood.

The tests "have a lot of implications for patients and their families, and they are hard to understand. It's a new field," said David Finley, Cigna's national medical officer for enterprise affordability and policy.

Dr. Aubrey Milunsky, founder of the Center for Human Genetics in Cambridge, said it's always smart to get counseling before a genetic test.

But Milunsky recommends people who may be at risk for devastating diseases sit down with a medical doctor who specializes in genetics because the evolving field is so complex.

"People are finally beginning to realize the power of DNA, and how precise a test it is," he said.

As a result, he's troubled that Cigna wants its customers to either meet with a pre-selected counselor or speak by telephone with someone from InformedDNA, a private Florida firm.

"In our business, telephone counseling is a no-no," Milunsky said.

Herald wire services contributed to this story.

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Mariwear counting on comfort to matter

Before her startup, Mariwear, was chosen as a finalist in May from a field of 1,200 companies in the accelerator and competition MassChallenge, Melanie Berger had to stand before a panel of judges and pitch her new line of sleepwear and lounge wear.

"The panel was all men, so I had four men staring at me," Berger, 51, remembers, "and I was wearing the garment, so there was that awkward moment when they all realized I was bra-less."

Not that she looked it. The genius of Mariwear is its "bra-less bra," as Berger calls it, a lining attached to the inside of the garment to offer shape and support without any of the wires or fasteners legions of women have come to loathe in traditional bras.

After 10 minutes of questions and answers, she knew she had a chance when one of the judges said, "I wonder why no one else has done this yet."

A former advertising executive who lives in Sudbury, Berger founded Mariwear in August 2011 after looking in vain for sleepwear and lounge wear that was as fashionable as it was comfortable.

"Women should be able to get out of their bras at the end of the day and feel comfortable and still feel confident about the way they look," she said.

To make her collection of tops, bottoms and nighties, she started with a fabric that's a combination of Siro Micro Modal and spandex, and had the cups of the tops' interiors designed by a bra expert.

Susan DeSantis, one of Berger's neighbors, attended the products' launch last September and went away with a small cache of clothes.

"I originally went to support a neighbor," said DeSantis, 53, "and I left as a customer."

Last spring, after she broke her foot, she wore the clothes all the time around the house, she said. And later, when her sister was burned in a car crash, she too became a convert because the fabric didn't irritate her skin.

Kim Nottonson, 45, of Natick had had four back surgeries in 21⁄2 years when her helper spotted some Mariwear at a shop in Wayland earlier this year.

"I started using them for yoga," Nottonson said. "I realized why don't I use them around the house for other things. They're so comfy and easy to wash. I even wore them in the hospital."

Berger didn't have women recovering from surgeries specifically in mind when she started Mariwear, she said, but she's thrilled women are discovering other uses for her clothes.

To date, more than 500 women have bought her clothes at select boutiques and spas, as well as on her website, Mariwear.com.

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Marketers grapple with roadblocking Gmail feature

A new Gmail inbox makes it harder for retailers and other email marketers to get out their messages.

Recognizing the volume of emails can be overwhelming, the Google-owned email service has been rolling out an inbox that lets users organize their messages in up to five folders, including "Promotions."

Now, instead of Sports Authority or Groupon emails with offers and other marketing messages landing in the regular inbox, they can be redirected to the "Promotions" folder. The "Primary" inbox is reserved for personal conversations and other emails that "you really, really want," according to Google.

Since the rollout began, email open rates — the percentage of emails that are opened by recipients — have been declining across the email marketing industry, according to Ginny Soskey of Cambridge's HubSpot, an inbound marketing 
software company.

"It does certainly up the ante for marketers," Soskey said. "We have to work a little harder to be seen by our email subscribers."

Some companies, afraid their messages will get lost in the shuffle, have been alerting Gmail-using customers about how they can redirect those emails into their "Primary" inboxes.

That's an option, according to Soskey, who suggests marketers take a step back instead of "freaking out."

"We can then really focus on creating content that people love, instead of just simply spamming out emails, because that's not going to get noticed in the 'Promotions' tab," she said. "There are many channels you can use to reach potential customers: social media, blogs, doing targeted (public relations) outreach."

Email marketers can take heart in the results of a recent Forrester Research survey. The survey found that 44 percent of consumers said they deleted most advertising email in 2012 — down from 59 percent in 2010.

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Recycled oil should be fine — just not for this driver

What is your take on 50 percent recycled oil? Stores are offering more of this oil. Is it just as good as new oil? Or should I stay with 100 percent new oil?

As an oil "consumer" — meaning I buy and change my own oil — here's my take on recycled oil. I'm absolutely sure it's as good as 100 percent new oil, meets all of the Society of Automotive Engineers and American Petroleum Institute service ratings and standards, and provides equal protection and performance. But — and here's where personal "baggage" comes into play — I'll stick with new oil. The vehicles and engines I own are mine, I'm responsible for their maintenance and longevity, so I'll continue to buy and use synthetic oil — the best oil available.

For the relatively small difference in price, I'm simply more comfortable sticking with what's worked for me for decades. At least until the price of recycled oil becomes so attractive that the Scrooge in me can't resist.

L L L

In August 2011 we purchased a 2012 Ford Fusion SEL to tow behind our motor home. We specifically asked the dealer what Ford products could be flat-towed as we did not want to deal with a tow dolly. We were told a Fusion would meet our needs. Six months later, an Owners Guide Supplement dated February 2012 came out saying that "Front-wheel drive (FWD) vehicles cannot be flat-towed (all wheels on the ground) as vehicle or transmission damage may occur. The front wheels must be placed on a two-wheel tow dolly."

After finding out about this, we were told by the Ford dealer that we could continue to flat tow the vehicle and our 36-month warranty would cover any issues. We have already experienced a major tow-related problem with the transmission, which was repaired under warranty in March.

Since we invested a substantial sum to outfit the car to be flat-towed, we feel that the change in Ford's position in the Owners Guide Supplement about this vehicle has substantially impaired the intended use of the vehicle. We also believe that the market value of the vehicle has been impacted if we decide we should sell it. Lastly, we feel that the safety of the vehicle has been severely compromised since we could have a major problem if the transmission should malfunction while we are towing it. Any advice?

Space limitations forced me to leave out your comments on the "impaired use and loss of value" issues, which are valid concerns. But to the heart of the matter: Depending on the build date of your Fusion, Ford Technical Service Bulletin 12-11-5, dated November 2012, identifies which Fusion models with the 6F35 automatic transmissions can be flat-towed with all four wheels on the pavement. The short version is these vehicles can be flat-towed for no more than six hours at speeds of 65 miles per hour or less, if the transmission fluid level is set correctly, and if the engine is run every six hours to cool the transmission fluid.

The issue is transmission fluid overheating and inadequate lubrication due to the fact that the transmission oil pump is not being driven by the running engine. This is always a concern when flat-towing a vehicle with an automatic transmission and is why I've always recommended a tow dolly or trailer. Besides, the difference in wheelbase between the tow vehicle and towed vehicle can make sharp maneuvers difficult.

In my opinion you have three choices: Use a tow dolly (my choice), buy or persuade Ford to extend the warranty long enough to cover your intended ownership, or trade the vehicle. The problem with trading is that you may well face the same situation unless the vehicle is fitted with a manual transmission or you can unlock the driven wheels from the drivetrain for towing.

Paul Brand is an automotive troubleshooter, driving instructor and former race-car driver. Readers may write to him at Star Tribune, 425 Portland Ave. S., Minneapolis, Minn., 55488 or via email at paulbrand@startribune.com. Please explain the problem in detail and include a daytime phone number. Because of the volume of mail, we cannot provide personal replies.

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