Skimpy health law plans leave some 'underinsured'

WASHINGTON — For working people making modest wages and struggling with high medical bills from chronic disease, President Barack Obama's health care plan sounds like long-awaited relief. But the promise could go unfulfilled.

It's true that patients with cancer and difficult conditions such as multiple sclerosis or Crohn's disease will be able to get insurance and financial help with monthly premiums.

But their annual out-of-pocket costs could still be so high they'll have trouble staying out of debt.

You couldn't call them uninsured any longer. You might say they're "underinsured."

These gaps "need to be addressed in order to fulfill the intention of the Affordable Care Act," said Brian Rosen, a senior vice president of the Leukemia & Lymphoma Society. "There are certainly challenges for cancer patients."

"Cost may still be an issue for those in need of the most care," said Steven Weiss, spokesman for the American Cancer Society Cancer Action Network. That "makes it critically important for patients looking at premiums to also consider out-of-pocket costs when choosing a plan."

Out-of-pocket costs include a health plan's annual deductible, which is the amount before insurance starts paying, as well as any copayments and cost-sharing.

A few numbers tell the story. Take someone under 65 with no access to health insurance on the job and making $24,000 a year — about what many service jobs pay.

Under the health care law, that person's premiums would be capped below 7 percent of his income, about $130 a month. A stretch on a tight budget, yet doable.

But if he gets really sick or has an accident, his out-of-pocket expenses could go as high as $5,200 a year in a worst-case scenario. That's even with additional financial subsidies that the law provides people with modest incomes and high out-of-pocket costs.

The $5,200 would be more than 20 percent of the person's income, well above a common threshold for being underinsured.

"Chronically ill people are likely to be underinsured and face extremely high out-of-pocket costs," said Caroline Pearson, who tracks the health care overhaul for Avalere Health, a market research and consulting firm. "While the subsidies help, there still may be access problems for some populations."

Under the law, insurance companies competing in new online markets like HealthCare.gov can offer four levels of coverage.

All plans cover the same benefits; the difference is in financial protection. A bronze plan covers 60 percent of expected costs, silver covers 70 percent, gold covers 80 percent, and platinum covers 90 percent.

Bronze plans have the lowest premiums but provide less insurance. Gold plans are the closest to employer-provided coverage. Indeed, members of Congress and staffers who will now get their coverage through the health care law have been steered to gold plans.

Silver, however, is the standard for most consumers. The law's tax credits to help with premiums are keyed to a benchmark silver plan in each geographical area. And the law's subsidies to help with out-of-pocket costs are only available to people who get a silver plan.

Avalere found that the average annual deductible for silver plans is $2,567, more than twice what workers in employer plans currently face. Additionally, many silver plans have high cost-sharing requirements for prescriptions, particularly "specialty drugs" to treat intractable conditions such as severe forms of arthritis.

Some plans may offer limited relief by covering certain services before a patient has met their annual deductible. Those services can include primary care, some prescription drugs and routine care for common chronic conditions such as high blood pressure and diabetes.

But Pearson says that won't help people with high-cost illnesses. "Chronically ill people may still experience significant financial challenges," she said.

Platinum or gold coverage may be the better option for people with serious health problems. They'll pay more in premiums, but reduce exposure to out-of-pocket costs.

Obama administration spokeswoman Joanne Peters said the new system is still "night and day" from what patients faced for years, because insurers can no longer turn away those with pre-existing medical conditions, and because the new plans cap out-of-pocket costs. While that limits medical debt, it doesn't eliminate it.

One of the leading advocates of the health care law says most people will still come out ahead.

"If the question is, will some people find that coverage and care remain unaffordable, the answer is yes," said Ron Pollack, executive director of Families USA. "There will be some people who feel that way. The overwhelming majority will be far better off, even if what they have is not perfect."

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Feds OK Mashpee pact with Mass. on casino

The Mashpee Wampanoags came one step closer yesterday to building a resort casino in Taunton, after federal officials effectively approved the tribe's gaming pact with the state.

The Bureau of Indian Affairs' approval of the agreement, which outlines terms such as how much gaming proceeds will go to the state, follows its rejection of a prior pact.

The Bureau of Indian Affairs continues to review the tribe's application to put Taunton land for the casino into a federal trust. While that approval is expected to be more troublesome, Mashpee tribal chairman Cedric Cromwell said he hopes to start construction this year.

"The tribal state compact represents a very exciting and important historical time," Cromwell said.

But an attorney for KG Urban Enterprises, which is suing the state and the Massachusetts Gaming Commission over the tribe's first rights to build a southeastern Massachusetts casino, yesterday called the state compact "legally irrelevant."

"The notion that the tribe will 'break ground on a casino by the end of 2014' is nothing short of absurd," attorney Jeff Harris said.

KG is undergoing a background check for a New Bedford casino after the commission's decision to open the southeast region's licensing process to commercial applications while the tribe pursues federal approvals.

KG's federal lawsuit seeks to invalidate the state's gaming act, claiming it includes "race-based set-asides" that give tribes an advantage.

"The United States Supreme Court held in 2009 that tribes such as the Mashpee are ineligible as a matter of federal law for new Indian lands," Harris said. "The compact is thus legally irrelevant and is nothing more than a distraction."

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Cold weather stalls U.S. auto sales in December

U.S. auto sales fell short of expectations last month, thanks to strong November sales and cold December weather, but the industry is in a good position for 2014, experts said.

General Motors sales fell 6.3 percent last month, Toyota sales fell 1.7 percent, and Ford and Chrysler both missed analysts' expectations.

Still, the industry had its best year since 2007, and the Ford F-series truck was the top-selling vehicle for the 32nd year.

Chris Hopson, an auto analyst for IHS, said he sees a recent trend of strong sales continuing.

"If you look at this five-month period as a whole, it reflects a nice running rate for sales," Hopson said. "The strength that we've seen in the second half of 2013 will continue in 2014."

Hopson said auto sales will follow the trajectory of the economy as a whole.

"We're hoping that sales are going to be supported by a recovery economy," Hopson said.

Both analysts and automakers blamed poor weather for slow sales at the year's end.

"When you start taking a look at the end in terms of when we closed in the month of December, there was some bad winter weather," said Erich Merkle, U.S. sales analyst for Ford.

Michelle Krebs, an analyst with Edmunds.com, said, "The sales pace at the beginning of the month was slower than expected as a lot of places were hit by bad weather."

Hopson said the end of November was strong, and that may have played a factor in the slow month.

"It looks like the pace of sales might have been attributable to sales in November," Hopson said.

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Boeing machinists OK contract tied to 777X

SEATTLE — The stakes were high and the vote was close as Boeing production workers agreed to concede some benefits in order to secure assembly of the new 777X airplane for the Puget Sound region.

Washington Gov. Jay Inslee and Boeing hailed Friday's vote, which proponents said solidifies the aerospace giant's presence in the Seattle area.

"Tonight, Washington state secured its future as the aerospace capital of the world," Inslee declared.

Under the terms of the eight-year contract extension, Boeing said the 777X and its composite wing will be built in the Puget Sound area by Boeing employees represented by the Machinists union.

"Thanks to this vote by our employees, the future of Boeing in the Puget Sound region has never looked brighter," Boeing Commercial Airplanes President and CEO Ray Conner said. "We're proud to say that together, we'll build the world's next great airplane — the 777X and its new wing — right here. This will put our workforce on the cutting edge of composite technology, while sustaining thousands of local jobs for years to come."

Local officials of the International Association of Machinists and Aerospace Workers had urged their 30,000 members to oppose the deal, arguing that the proposal surrendered too much at a time of company profitability. They had opposed taking a vote at all but were overruled by national leaders in the Machinists union.

The announcement that the contract had passed with a 51 percent yes vote was somber.

"Our members have spoken and having said that, this is the course we'll take," Jim Bearden, administrative assistant for Machinists District 751, said in announcing the results. "No member liked this vote or the position we were put in by the company, nor was it an easy vote for anyone to cast."

Opponents of the contract opposed the idea of freezing the Machinists' pensions and moving workers to a defined-contribution savings plan.

The issue fractured the union and drew unusual pleas from politicians who said the deal was necessary to support the area's economic future. Boeing has been exploring the prospect of building the 777X elsewhere, a move that could trigger a steady exodus of aerospace jobs from the place where Boeing was founded.

"We missed it by 1 percent because people were confused and worried about their jobs," said Rick Herrmann, who has been working at Boeing for 46 years.

Hazel Powers and Dena Bartman lingered at the Seattle union hall after the results were announced, their eyes swollen from crying. Powers described a solemn mood after the announcement.

"Shocked. Disbelief," she said.

"I'm still just numb," Bartman said.

Powers has worked for Boeing for almost 35 years, while Bartman has been there for 25 years. Her 25-year-old daughter has worked at the aerospace giant for seven years.

"I think people that voted for it were scared," Powers said. "The pressure from the politicians and the community - people are scared about not having good-paying Boeing jobs."

Bob Dennis, an inspector at Boeing for six years, said earlier in the day he was voting for the contract because it represented the best chance to keep the 777X jobs in Washington state.

"I don't think Boeing had to come back to the table. We forced them that way. But at the same time, I think this is our last opportunity to keep those jobs in the state," he said.

"The tough vote taken by the Machinists today means the 777X will be built in the only place it should be, by the only people prepared to deliver," said U.S. Sen. Patty Murray, D-Wash.

"I know well this decision wasn't easy for any of the Machinists or their families, and I know that many of those men and women decided Boeing's latest offer was still unacceptable," Murray added. "Their concerns about income and retirement security for current and future generations of aerospace workers - and all American workers - are legitimate."

Bearden, speaking in place of District 751 President Tom Wroblewski, who has been ill, said Boeing production workers "faced tremendous pressure from every source imaginable." He took a dig at "the politicians and the media, and others, who truly didn't have a right to get into our businesses, were aligned against us and did their best to influence our folks' votes."

Machinists International President Tom Buffenbarger, who forced the issue to a vote over the objections of local union leaders, said in a statement that "the impact of this agreement extends far beyond IAM members who voted today.

"For decades to come, the entire region will benefit from the economic activity and technological innovations that will accompany" the jet production.

Washington state has always been the most natural place for Boeing Co. to build the 777X, since most of the company's production is still done in the Puget Sound area. Chicago-based Boeing offered to keep the 777X in the region but sought two big deals: An extension of tax breaks all the way to 2040 and a new contract with the Machinists union that would transition workers away from traditional pensions.

In November, state lawmakers swiftly approved the tax benefits — valued at some $9 billion — but the Machinists rejected a proposed contract shortly afterward. After the initial contract rejection, Boeing immediately began soliciting bids from other states. The company said it received submissions for 54 locations in 22 states.

The competition has underscored Boeing's commanding bargaining position in an economy where top-notch manufacturing jobs remain scarce and elected officials feel obligated to aggressively pursue such opportunities.

Boeing improved its offer after the last vote by machinists. An initial plan to slow the rate that workers move up the pay scale was tossed while the company also offered $5,000 in additional bonus money and improved dental coverage.

In addition to the pension issue, opponents decried increased health care expenses and slower wage growth. However, some machinists will likely see their base salaries rise above $100,000 under the new agreement.

Boeing began offering the 777X in May, and company officials have said they needed to move swiftly to decide where the plane will be built.

The company recently received orders for 225 new 777X planes from three airlines at the Dubai Airshow.

Boeing has said the 777X is expected to carry as many as 400 passengers and be more fuel efficient than the current 777.

___

Associated Press writer Mike Baker in Seattle and photographer Elaine Thompson in Everett contributed to this report.

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Obama calls for restoring unemployment benefits

HONOLULU — President Barack Obama is urging Congress to reinstate jobless benefits for more than a million Americans.

In his weekly radio and Internet address, Obama says the unemployment insurance is a "vital economic lifeline" for many people. And he says failure to reinstate the benefits will cause the economy to slow for all Americans.

A bipartisan proposal in the Senate would restore the benefits for three months. Obama says if lawmakers pass the measure, he will sign it.

Obama is due to return from vacation in Hawaii on Sunday.

Mississippi Congressman Gregg Harper delivered the Republican weekly address. He calls on the Senate to pass the Gabriella Miller Kids First Research Act. It seeks to boost funding for pediatric research at the National Institutes of Health.

The measure passed the House in December.

___

Online:

Obama address: http://www.whitehouse.gov

GOP address: http://www.youtube.com/HouseConference

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Lavish parties, uninhibited tourists rule in Vegas

LAS VEGAS — Las Vegas held one its biggest ever New Year's Eve celebrations, with sold-out concerts and an eight-minute long fireworks show that was billed as the largest in the country.

Big-ticket musical acts Bruno Mars, John Legend and Maroon 5 helped lure 335,000 visitors to Las Vegas by nightfall on Tuesday — 5,000 more than last year, tourism officials said.

Thousands celebrated late Tuesday and early Wednesday along the Las Vegas Strip and across town at the Fremont Street Experience, where Mayor Carolyn Goodman and her husband, former mayor Oscar Goodman, were on hand.

Party-goers cheered in anticipation at 10 minutes before midnight, and then again with five minutes to go, then watched as the fireworks were launched from the rooftops of seven hotel-casinos.

The holiday was seemingly custom-made to align with Sin City's boozy, bad-judgment ethos.

The Minus5 Ice Bar Mandalay Bay started handing out free champagne for hourly toasts at 11 a.m. Tourists were seen toting novelty drinks into casinos by noon.

For Lester Arnold, 50, the desert weather made Las Vegas the obvious place to ring in the New Year. Temperatures dropped from 60 to 40 degrees as the sun set.

"There are people outside here. It's minus twenty in Springfield and there's no party there," the Massachusetts native said, sipping from a red Solo cup full to the brim with champagne as nearly naked showgirls strutted past.

A Gene Simmons impersonator sat in a motorized scooter nearby, wagging his tongue at tourists in novelty hats.

Police shut down traffic on the Las Vegas Strip at 6 p.m. so revelers could spill into the 4-mile stretch of road normally packed with cars.

Randy and Patty Harkin, of Salt Lake City, were dressed in their finest. The couple had just eloped at the Stained Glass Chapel, on the anniversary of their first kiss.

"I called my mom and was like, 'We're married now, and happy New Year," Randy Harkin said.

Law enforcement officers were keeping a close eye on the festivities.

Hotels were dealing a full house, with occupancy approaching 100 percent and $200 rooms going for $600. New Year's Eve is typically the most profitable night of the year for casinos, and their executives worked to persuade visitors to make it a long weekend.

Many casinos offered up special "New Year's Eve Eve" events on Monday and advertised the two days before that as the biggest weekend of the year. DJs were counting down to 2014 as early as Sunday at the Mirage hotel-casino's 1OAK club.

Las Vegas was light this year on hosted nightclub bashes in which guests pay for proximity to a famous person. Original celebutante Paris Hilton was hosting one of the only such parties.

New Year's Eve crowds in the city have doubled since 1990 but still lag other parties in New York City's Times Square and Copacabana beach in Rio de Janeiro.

In seedier downtown Las Vegas at the Fremont Street Experience pedestrian mall, organizers held a block party that featured Blues Traveler and Papa Roach. Some revelers were disappointed to learn that they had to pay $40 to get in.

Grace Champion, 25, had come with her husband from Wasilla, Alaska. The couple bought their own yard-long plastic drink cups for 99 cents and was saving money by getting them refilled inside casinos.

Her hope for the New Year was that it would bring her a job. Her goal for the night: catch a glimpse of Papa Roach.

___

Hannah Dreier can be reached at http://twitter.com/hannahdreier.

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Hub buildings change hands

A flurry of transactions closed a heady year for the Boston real estate market, including the sales of a rare portfolio of Boylston and Newbury street properties, One Winthrop Square and The Block on Congress.

Bethesda, Md.-based ASB Real Estate Investments paid $91.2 million for the four retail-office buildings at 801 Boylston St. and 333-335, 342 and 352 Newbury St. that total 51,249 square feet and are fully leased.

"It's aggressive pricing," said Michael Jammen, a principal at UrbanMeritage, a Boston real estate investment firm. "It's not often that a portfolio of properties comes up together on Newbury Street. The buildings are quality."

The seller was an entity formed by Irish investor Paul O'Sullivan and his U.S. business partner, John Driscoll of North Reading.

In another transaction, San Francisco's Divco-
West Real Estate Services acquired One Winthrop Square — a 114,000-square-foot office building with BNP Paribas and Boston Financial Management as major tenants — for $36 million. The seller, Munich-based GLL HRE Core Properties, had purchased it in 2009 for $21 million.

Boston's Related Beal, meanwhile, bought "The Block on Congress" from Fidelity Investments for $59.2 million, according to Registry of Deeds documents. The five buildings at the top of Post Office Square consist of about 343,000 square feet of office and retail space and include 82 Devonshire St./35 Congress St., 54 and 68 Devonshire St., and 15 and 19 Congress St.

"Rarely do you have the opportunity to reposition and reinvent an entire city block, especially one in the heart of downtown Boston," Stephen Faber, executive vice president of Related Beal, said in a statement.

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Driven to distraction

The next technology-vs.-real-life clash is shaping up in the car — again — as anti-distracted-driving advocates call for a ban of Google's futuristic Glass behind the wheel, though some techies say the Internet-enhanced spectacles could end up making driving easier and safer.

"You necessarily need to take your eyes off the road," said Glass-user Andrew Perlman, a professor at Suffolk University Law School. He said he tried driving with them once, but found it too distracting. "It's not something I would want to use while driving."

"It certainly sounds like it is a visual and a mental distraction," said Jeff Larson, president of the Safe Roads Alliance, adding that he would like Google Glass-like devices that put the Internet in front of the wearer's eyes addressed by the law.

The state's safe driving law is broad enough to include Glass, the Department of Transportation said, under the same provision that bans "distracting objects" such as televisions. Spokeswoman Sara Lavoie said it is up to police to interpret and cite drivers for distracted driving.

"The technology is new," said Trooper Todd Nolan, a spokesman for the state police, "A lot of us are unfamiliar with it."

He said it does not seem to be an issue now because sightings of the sci-fi frames are rare.

"If or when they do become more prevalent, we'll have to address it then," Nolan said.

Roger Kay, a technology analyst, said Glass is still in its infancy, and the best uses have not been developed yet.

"Most of its potential is really in the future," Kay said. "Rather than being distracting ... it could actually enhance the driving experience."

Kay envisions an app that uses Glass's camera to alert the driver when another car is slowing down, or getting too close.

Perlman said he didn't see the value in wearing Glass while driving, and said it had about the same distracting effect as a common GPS on a dashboard — currently one of the few legal screen uses for drivers.

"I don't think it's any more distracting," Perlman said.

Google Glass is not now widely available. But the devices may start to show up on more faces in the coming months, with Google aiming to expand from 10,000 "Glass Explorers" in 2014. Yesterday, Google sent out invitations to buy the $1,500 device to subscribers of its music subscription service, All Access. In a statement, Google said, "Explorers should always use Glass responsibly and put their safety and the safety of others first."

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New Shack out to Shake up Newbury St.

Shake Shack, the much-ballyhooed burger chain from New York, is heading for Boston's Newbury Street next year.

The, 5,600-square-foot, two-level location at 236 Newbury St. will be Shake Shack's third store in Massachusetts and its largest yet.

Shake Shack signed a lease for the space in November, according to Registry of Deeds documents, and will occupy the street and lower levels of the recently renovated building.

Spokesman Greg Waters would not discuss the company's plans.

"At this point, I have nothing to report," he said.

Shake Shack opened its first Bay State restaurant to long lines at The Street shopping center in Chestnut Hill in March and will hold the grand opening for its Harvard Square location at 92 Winthrop St. in Cambridge tomorrow.

"It's been exceeding our expectations," Waters said of the Chestnut Hill restaurant. "We've been extremely pleased with the response."

The Harvard Square Shake Shack opened for several hours on Dec. 24 to serve the chain's signature frozen custard, and formally opens tomorrow at 11 a.m.

Restaurateur Danny Meyer's Union Square Hospitality Group opened the first Shake Shack in New York's Madison Square Park in 2004. The Harvard Square location will be its 40th worldwide. "We love Boston and can't wait for our grand opening in Harvard Square," CEO Randy Garutti said in a statement. "Cambridge is absolutely amazing with its vibrant food culture, energized college scene, wealth of history and central location."

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Justice delays health law's birth control mandate

WASHINGTON — Only hours before the law was to take effect, a Supreme Court justice on Tuesday blocked implementation of part of President Barack Obama's health care law that would have forced some religion-affiliated organizations to provide health insurance for employees that includes birth control.

Justice Sonia Sotomayor's decision came after a flurry of efforts by Catholic-affiliated groups from around the nation. Those groups had rushed to the federal courts to stop Wednesday's start of portions of the Affordable Care Act, also known as Obamacare.

Sotomayor acted on a request from an organization of Catholic nuns in Denver, the Little Sisters of the Poor Home for the Aged. Its request for an emergency stay had been denied earlier in the day by a federal appeals court.

The government is "temporarily enjoined from enforcing against applicants the contraceptive coverage requirements imposed by the Patient Protection and Affordable Care Act," Sotomayor said in the order.

Sotomayor, who was in New York Tuesday night to lead the final 60-second countdown and push the ceremonial button to signal the descent of the Times Square New Year's Eve ball, gave government officials until 10 a.m. EST Friday to respond to her order.

The law requires employers to provide insurance that covers a range of preventive care, free of charge, including contraception. The Catholic Church prohibits the use of contraceptives.

The Obama administration crafted a compromise, or accommodation, that attempted to create a buffer for religiously affiliated hospitals, universities and social service groups that oppose birth control. The law requires insurers or the health plan's outside administrator to pay for birth control coverage and creates a way to reimburse them.

But for that to work, the nuns would have to sign a form authorizing their insurance company to provide contraceptive coverage, which would still violate their beliefs, argued their attorney, Mark Rienzi.

"Without an emergency injunction, Mother Provincial Loraine Marie Maguire has to decide between two courses of action: (a) sign and submit a self-certification form, thereby violating her religious beliefs; or (b) refuse to sign the form and pay ruinous fines," Rienzi said.

The White House did not comment on the order Tuesday night. In a statement Tuesday night, Rienzi said he was delighted by Sotomayor's order. "The government has lots of ways to deliver contraceptives to people," he said. "It doesn't need to force nuns to participate."

Sotomayor's decision to delay the contraceptive portion of the law was joined by the U.S. Court of Appeals for the District of Columbia Circuit, which also issued an emergency stay for Catholic-affiliated groups challenging the contraceptive provision, including the Archdiocese of Washington, D.C., and Catholic University. But one judge on the three-judge panel that made the decision, Judge David S. Tatel, said he would have denied their motion.

"Because I believe that appellants are unlikely to prevail on their claim that the challenged provision imposes a 'substantial burden' under the Religious Freedom Restoration Act, I would deny their application for an injunction pending appeal," Tatel said.

The archdiocese praised the appeals court's action in a statement.

"This action by the U.S. Court of Appeals for the D.C. Circuit is in line with the rulings of courts all across the country which have held that the HHS mandate imposes a substantial and impermissible burden on the free exercise of religion," the archdiocese said. "These decisions also vindicate the pledge of the U.S. Catholic bishops to stand united in resolute defense of the first and most sacred freedom - religious liberty."

The Supreme Court already has decided to rule on whether businesses may use religious objections to escape a requirement to cover birth control for employees. That case, which involves Hobby Lobby Inc., an Oklahoma City-based arts and crafts chain with 13,000 full-time employees, is expected to be argued in March and decided by summer.

___

Follow Jesse J. Holland on Twitter at http://www.twitter.com/jessejholland.

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US stocks are little changed as 2013 winds down

NEW YORK — Stocks are little changed in the early going as Wall Street gets ready to close the books on a historic year.

The Dow Jones industrial average was up nine points, or less than 0.1 percent, at 16,487 in the first few minutes of trading Monday.

The Standard & Poor's 500 index was flat at 1,840. The Nasdaq composite was down 11 points, or 0.3 percent, at 4,145.

With just two days left in 2013, the S&P 500 is on track for an annual gain of 29 percent, its best year since 1997. With dividends included, it's up 32 percent.

Crocs jumped $1.70, or 13 percent, to $15.04 after the shoe maker said it was getting a $200 million investment from the private equity firm Blackstone.

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Crocs CEO leaving as Blackstone invests $200M

NIWOT, Colo. — The company that makes Crocs shoes is getting a $200 million bailout from a private equity fund, and its CEO is retiring.

Crocs says it will use the money from Blackstone, plus cash on hand, for a $350 million share buyback.

The deal gives Crocs a cash infusion, gives Blackstone two seats on the board and preferred shares that pay a 6 percent dividend, and gives shareholders an additional return by way of the buyback.

Crocs shares peaked above $75 in 2007 as buyers snapped up the clogs known for being comfortable but ugly. But it hasn't been able to add new products with the same popularity.

Shares fell to around $1 in late 2008 before beginning a recovery. In premarket trading Monday they rose $1.69, or almost 13 percent, to $15.02.

Crocs also said late Sunday that CEO John McCarvel is retiring and giving up his board seat around the end of April. He has been with Crocs since 2005, and had been president and CEO since 2010. The company said it has begun an outside search for his replacement.

McCarvel called the Blackstone investment "a vote of confidence in our company and our brand."

Crocs also said fourth-quarter revenue will be at the low end of the $220 million to $225 million it had predicted, and its quarterly loss will be at the worse end of the 20 cents to 23 cents per share it had predicted. Analysts surveyed by FactSet had been expecting a loss of 20 cents per share on revenue of $222 million.

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NBC's 'Today' show returns to glory days

NEW YORK — The glory days returned for the "Today" show — for one day at least — as NBC's morning show brought back Bryant Gumbel and Jane Pauley for a one-day nostalgia turn as co-hosts on Monday.

Gumbel and Pauley, who worked together on "Today" from 1982 to 1989, joined birthday boy Matt Lauer on the set. It wasn't ceremonial: with Savannah Guthrie and Natalie Morales off, Gumbel and Pauley had to work.

"Getting up was a little difficult and the studio has changed enormously," Gumbel said. Pauley said the fast pace makes the experience go "like a bat out of heck."

NBC hoped the trio's easy camaraderie enticed viewers. After a well-publicized tumble last year, the show runs second in the ratings to ABC's "Good Morning America." Pauley, who does occasional reports for the show, left as host in 1989 while Gumbel gave way to Lauer in 1997.

There were a few film clips of Pauley back in the big hair days. "I understand Gene Shalit's standing by to review 'Back to the Future,'" Al Roker quipped during a weather segment.

Gumbel and Pauley easily navigated a cooking segment (poached salmon and pasta). That was like old times, but the segment on what is trending on Twitter wasn't.

Not everyone's memory was clear. A sign held up by a fan outside the studio misspelled Gumbel's name.

___

Online:

http://www.today.com/

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Armed group attacks state radio, TV in Congo

DAKAR, Senegal — Assailants armed with machetes and automatic weapons attacked the state television station, the airport and the main military base in Congo's capital in what appeared to be a coup attempt early Monday, before being repelled by the country's military, officials and witnesses said.

Congo's government spokesman Lambert Mende confirmed the attack, saying around 40 people were killed in the exchange of fire Monday morning, including 16 at the military base, 16 at the airport and eight at the TV station. Another six were captured, he said. He also confirmed that shooting had broken out in Lubumbashi, the country's second-largest city located in southeastern Congo, though by afternoon calm had returned.

"These are terrorists, you can't call them anything else," Mende said.

Most residents of this sprawling African capital first realized the attack was under way while watching a morning talk show on Radio Television Nationale Congolaise, the state broadcaster. The presenter of "Le Panier," or "The Breadbasket" show, was in mid-sentence, when the intruders burst in. They had time to identify themselves as being devotees of a local prophet, before the signal on state TV was cut, said Pascal Amisi, the deputy chief of staff of Congo's Minister of Communication. Between 7 a.m. and 8 a.m. local time, gunmen also attacked the international airport and the military camp in the capital housing the country's senior army leaders, he said.

"They attacked three different targets at the same time," said Amisi. "We don't know for sure who they are but the group that attacked the TV station said they were representing Prophet Mukungubila," he said, naming Gideon Mukungubila, an evangelical Christian leader in Congo, who has built-up a following and who broadcasts messages on local TV and radio. "Around 30 men attacked the TV station while the 'Le Panier' show was in progress. They came in with knives and said they had a political message to share, before the signal was yanked."

At the state TV station, an employee who was inside the building when the attack began described a scene of confusion, and terror.

"There were around 30 armed men who burst into the headquarters of the television station. They started firing, and we hid," said the employee who refused to give his name out of fear for his safety. He said that before they were chased out, they had time to scream out, "Gideon Mukungubila has come to liberate Congo from the slavery imposed on us by Rwanda."

With a population of nearly 66 million, Congo spans a territory as large as Western Europe. It has twice gone to war with its smaller neighbor to the east, Rwanda, which as recently as this year was accused of propping up a rebel group, ensconced in Congo's eastern forest.

President Joseph Kabila, who is himself from the east and is derided by his opponents as being "Rwandan," came to power in 2001, after the assassination of his father, warlord Laurent Kabila. The elder Kabila marched his rebel army into Kinshasa in 1997, grabbing power in a coup.

Even in a place that has suffered numerous coups, and whose remote forests are still home to armed groups, the attack in the capital on Monday came out of left field, surprising many. International flights that were about to land in Congo made U-turns in the air, including one carrying more than 100 passengers including The Associated Press' local correspondent.

"We took off this morning for Kinshasa, and after one hour in the air, the pilot announced that the airport was under attack," said Saleh Mwanamilongo by email, after his flight returned to South Africa. "The pilot went on the intercom to say, 'We have just learned that there is gunfire at the Ndjili Airport, and as we cannot land, we will need to return to Johannesburg.'"

In an emergency message, the American Embassy in Kinshasa said it had received reports of armed engagements and fighting throughout Kinshasa, as well as indications that numerous police and military checkpoints had been erected. "The embassy urged all U.S. citizens to stay in place and not travel around the city until further notice," the statement said.

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Associated Press writer Saleh Mwanamilongo contributed to this report from Johannesburg.

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Stocks are flat in quiet end-of-year trading

NEW YORK — Stocks were little changed in early trading Monday as investors closed out their positions for what has been a historic year on Wall Street.

Traders had little corporate or economic news to work through. The bond market was quiet as well. The yield on the benchmark 10-year Treasury note continued to hover near 3 percent.

KEEPING SCORE: The Dow Jones industrial average was up 5 points, or less than 0.1 percent, to 16,426 in the first half-hour of trading. The Standard & Poor's 500 index fell less than a point to 1,840 and the technology-heavy Nasdaq composite fell 13 points, or 0.3 percent, to 4,144.

TWITTER TUMBLE: Twitter was among the biggest decliners in early trading. Twitter lost $3.99, or 6 percent, to $59.95. Wall Street analysts said Friday that the stock, which is still up 44 percent this month alone, had risen too far, too fast. Twitter slumped 13 percent on Friday.

OTHER TECH STOCKS ALSO LAG: Facebook lost $1.23, or 2 percent, to $54.25 and Netflix fell $5.65, or 2 percent, to $361.70. Both were among the year's biggest gainers. Facebook rose more than 100 percent in 2013, Netflix nearly 300 percent.

END OF THE YEAR: Both the New York Stock Exchange and the Nasdaq Stock Market will be closed Wednesday for New Year's Day. Trading is expected to be volatile as investors use the next two trading days to close out their positions for 2013.

CROCS JUMPS: Crocs soared $1.72, or 15 percent, to $15.02 after the company announced it was getting a $200 million investment from private equity firm Blackstone and its CEO was retiring.

JAPAN CLOSES OUT HISTORIC YEAR: Japan's Nikkei stock index closed higher for a ninth straight day Monday. The index ended 2013 up 57 percent, its best year in decades.

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Mass. couple promote new craft beer business model

BELMONT, Mass. — Kate Baker and Suzanne Schalow founded Craft Beer Cellar in Belmont in 2010, and today, at any given time, its 1,500 square feet of retail space are filled with more than 1,000 beers from 350 breweries. Beers are organized by region, from Worcester to the West Coast, with an emphasis on local brews. Employees have jobs like Head Beer Geek, Ambassador of Fine Ales and Lagers, and Hoptologist and wear hooded sweat shirts emblazoned with the words "Beer Geek."

"People take two steps in the door and they don't know how to proceed," says Brian Shaw, who opened a Craft Beer Cellar in Newton Centre recently, joining franchises in Winchester, Westford, and Braintree. "People say, 'Oh my God, I didn't know there was this much beer.'?"

Is there ever. And now Baker and Schalow are betting their model can work elsewhere as they expand to New Hampshire and Vermont, as well as Florida, St. Louis, and maybe Seattle. Their goal is to make people think about whether to buy a Pretty Things Jack D'Or or a Sierra Nevada Pale Ale as carefully as they would wrestle between a cabernet or a merlot.

It is a risky quest. Despite craft beer's popularity boom, creating a national franchise of specialty beer stores has not been done. One reason could be that craft beers accounted for only 10 percent of the dollars in total beer sales in the United States in 2012.

Craft Beer Cellar stores carry flavorful ales and lagers that are brewed to traditional standards and can be hard to find.

Baker and Schalow prefer to focus on other numbers, like the 2,403 brewers that operated in the United States in 2012, the most since the 1880s, according to the Brewers Association. Schalow and Baker hope to capitalize on this explosion by packing each small, service-oriented store with carefully curated beer while leaving out nips, cigarettes, and jugs of wine.

"Beer store is still not a 'category' in the world," says Schalow. "No one has done this. No one has put everything on the line and said, 'I can teach people about great beer.'?"

Schalow and Baker, partners in life as well as business, met in 2002 when Schalow, then a manager at Cambridge Common restaurant, hired Baker. The first beer Baker consumed in front of Schalow was a Budweiser.

"I almost fell over," Schalow says.

Around that time, Schalow wanted to take Blue Moon, a MillerCoors product, off the bar's tap list. When ownership said no, she challenged her staff to "sell the heck" out of something else, and Magic Hat's Circus Boy, a craft beer, eventually replaced Blue Moon.

Baker and Schalow married in 2010, and the couple decided that year to leave the restaurant and open the beer store.

"When I told her craft beer store, she was a lot supportive and a little skeptical," says Schalow. "I told her, 'If we make it amazing, they will come, it doesn't matter where it is.'?"

The pair have scoured the region looking for craft beer from hard-to-find brewers. Stores carry multiple styles from brewers like Northampton's Brewmaster Jack, Everett's Night Shift Brewing, and Plymouth's Mayflower Brewing, as well as beers from Belgium, Italy, and France.

"It's all about building and cultivating the relationships," says Baker. "And it could be with a distributor, or a bartender, or a homebrewer who has visions of creating their brewery."

"They're really in tune with the culture of craft beer," says Mark Vasconcelos, craft brand manager for Burke Distributing, a Massachusetts company that delivers 37 craft brands to stores around the state, in addition to larger brands like Coors Light. "They're proactive in letting us know if there's something that's going to be in demand by the consumers."

Carrying 350 beer brands is not without challenges. "Beer is the least marked up drinkable thing," Baker says. "There's a reason why no one has done this before."

A big reason is that light beer, in particular, remains hugely popular.

"We celebrate the beer renaissance currently taking place, and we are proud to offer beer drinkers a portfolio of great beers for every drinking occasion," Karina Diehl, a spokeswoman for MillerCoors, said in a statement. "Light beer is the largest segment in the American beer industry for a reason."

John Libonati and Chris Schutte own Social Wines in South Boston, which carries only premium beer, but also wine and spirits. They acknowledge the higher markups on wine make it easier to not carry the big-name beers.

"The growth of the craft beer market right now isn't being fueled by people who only want beer," says Jeff Wharton, co-founder of DrinkCraftbeer.com. "I think the world is ready for more liquor stores with a craft beer ethos."

Craft beer, by definition, means small, independently owned, and brewed to traditional standards; it accounted for 6.5 percent of the volume of all beer sold in 2012, according to the Brewers Association. Schalow knows craft beer is not yet on everyone's radar.

"We're the crazy hippies with the headbands, screaming and shouting and carrying the torches," she says.

To better reach the masses, the store has tried to engage potential customers through social media. Lee Movic, who runs Craft Beer Cellar's social media accounts, positions himself as an advocate for craft beer, not just the store. Movic attends events, even for competing stores, pushing craft. He tweets about those events, new beer arrivals, and generally positive messages like, "Good morning, beer geeks. We hope you have a great day today."

He is luring new customers the only way he knows how. "Everyone loves great customer service," he says, "so we start with that."

Franchising was not always the plan, says Baker. The pair spent "close to 50 hours" scouting store locations in St. Louis before hiring a real estate developer to help. They admittedly don't know the Brandon, Fla., market as they know Belmont. Selecting new franchise sites and owners has taken them away from their base.

"The first couple months were humbly painful," says Schalow. She says the store's regular customers weren't used to seeing them less.

Movic says the store's brand is intrinsically linked to Baker and Schalow. "But it is already becoming much more than that," he adds.

Despite early challenges, the owners — with a staff of about 30 people and growing — remain devoted to spreading their motto of "Don't drink crap beer." Schalow talks in great detail about educating her staff and the public ("If you can't buy good beer from me, just buy good beer," she says), and several staffers eagerly share their "a-ha" moments of talking dazed and confused customers "down from that scary place" and converting them into regulars.

Shaw, the Newton Centre store owner, says business has been brisk since the opening on Oct. 30. Kay Lorenz, one of the owners of the Braintree Craft Beer Cellar, says she has "been welcomed with open arms" by neighboring retailers. On a day in late November, a new 20-something employee introduced himself to Schalow on his first day.

"This is so much fun," he says, his voice rising in pitch with excitement. "I just love working here!"

Schalow smiles. "You'll fit right in."

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Gaming foes await SJC decision

Attorney General Martha Coakley is pushing for swift action by the state Supreme Judicial Court on the legality of a ballot initiative to repeal the Bay State's two-year-old expanded gaming law, a question that looms large over the awarding of casino licenses.

Coakley rejected the initiative in September, arguing it would damage the contractual rights of those bidding for casino licenses. Those pushing the ballot question appealed Coakley's ruling to the Supreme Judicial Court, which is expected to hear arguments and make a decision in the spring, the same time the state Gaming Commission plans to award casino licenses.

"We expect to request that the SJC take up this matter promptly in order to reach a final determination," Coakley spokesman Brad Puffer said. "While our office determined that the question does not meet constitutional requirements, the most important thing is to get the right result."

If approved to go before voters on the November 2014 ballot, the question would pose huge problems for anyone looking to develop a casino in Massachusetts.

"It's an open question," said Matthew Cameron, an attorney for the repeal group. "I think, honestly, that the smartest thing would be an injunction (on casino development) if it clears the SJC. I think the industry's going to be pretty scared if they see that's going on the ballot."

The Gaming Commission has yet to take a stance on what would happen to casinos awarded licenses in the spring if it appears the law could be overturned in the fall.

"The commission has not taken up this topic yet," commission spokeswoman Elaine Driscoll said.

For now, casino companies are keeping a poker face about the potentially game changing ballot question.

"We knew that was out there when we went after this, we knew that was looming, but we feel that this is a project that is worth pursuing," said Mitchell Etess, CEO of Mohegan Sun, which is going for a license to open a casino on the Revere side of Suffolk Downs and reached a host agreement with the city last week. "I can't control what's going to happen, we can only just keep going, one foot ahead of the other, and get everything done that we need to get done. It has by no means deterred us."

The proponents — a collection of casino foes who played a key role in defeating a Suffolk Downs casino plan in East Boston in November — are proceeding as if they are in the clear. On Dec. 9, Secretary of State William Galvin certified 72,901 signatures they had collected, exceeding the 68,911 needed to get on the ballot.

Revere Mayor Dan Rizzo, a strong casino supporter, said the initiative is frustrating.

"That horse left the barn back in November 2011, expanded gaming is allowed here in the state," Rizzo said. "Now, it's not good enough for them that they're not going to have a casino in East Boston. It's really become a huge distraction to what the state's trying to do, and that's create jobs and hundreds of millions of dollars in enhancements."

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Is an older Cadillac a good candidate for synthetic oil?

I recently purchased a 2001 Cadillac Deville with 52,000 original miles. The service advisor at the dealership recommended using conventional oil or a synthetic blend. I was told there can be problems with synthetic oil causing gasket failure on older engines. Is this true?

I don't think you'd have any issues using full synthetic oil in your vehicle — it's not that old and has low mileage. The theory behind oil consumption or leakage issues using synthetic oil in older engines is based on the fundamental difference between "natural" petroleum oil and "manufactured" synthetic oil. Every molecule of synthetic is exactly the same size, as opposed to the random size of conventional oil molecules. It was thought that the larger of the random-sized molecules in conventional oil tended to reduce oil leakage past gaskets and seals by blocking the smaller molecules from escaping. Since synthetic molecules are all the same size, there's no "blocking" action to slow/stop/prevent oil leaks.

Do I think this is a serious concern? No. First off, no oil will cause "failure" of a gasket or seal. Secondly, if your engine doesn't leak oil now, it very likely won't with synthetic. And if it did, just switch back to conventional petroleum oil. However, if your engine already has an oil leak, it may leak more using synthetic. Again, the solution is to switch back to petroleum oil.

Remember, GM recommends 5W-30 "SJ" rated oil for any ambient temperature above 0 degrees F. Conventional and synthetic oils both meet these specs.

• • •

I have a problem with my 2009 Toyota Camry with the 3.5-liter V-6 engine. It is impossible to check the oil level using the dipstick. Oil is constantly smeared up the dipstick several inches, even after sitting for several days. I change oil myself every 5,000 miles and can only verify that the engine is not consuming oil by measuring the 6.5 quarts that end up in my drain pan. The engine now has 105,000 miles. Do you have a suggestion?

A check of my ALLDATA database and online found no information on this issue, which tends to tell me that it is unique to your vehicle. I'm sorry to ask such an obvious question, but do you pull the dipstick, wipe it clean, reinsert it and then pull it again to check the oil level? In most cases, this will eliminate the excess oil that has splashed up into the bottom end of the dipstick tube from registering on the dipstick.

Assuming you've done this and still get smeared readings, the only things I can suggest are to pull the dipstick, wipe it clean and leave it only partially inserted in the tube overnight, then check the level in the morning. Also, try rotating the dipstick in 90-degree increments before reinserting into the tube and recheck. And finally, reduce the oil volume from 6.4 quarts to 6 quarts to see if the engine "likes" this slightly lower but still entirely safe amount of oil.

• • •

In 2003 we bought a Saturn Vue. We had a sheet of plastic film put on the front of the hood to deter chips from road debris. We are thinking of trading it in and it would look better without it as the years have made it look pretty bad. Do you have any thoughts on how to peel this off and not damage or peel off the paint?

Since your plan is to trade in the vehicle, I wouldn't bother trying to remove the protective film. Let the dealer's "detailer" do this. I've had some success using heat from a hair dryer or heat gun, or you could try a solvent like 3M's adhesive remover and surface cleaner.

I really don't think leaving the film on the car will have a significant effect on the car's trade-in value. In this case, I think the risk outweighs any potential benefit.

Paul Brand, author of "How to Repair Your Car," 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 paulbrandstartribune.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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Market Basket’s CEO blasts board’s website

Market Basket CEO Arthur T. Demoulas has taken the grocery chain's contentious board to task over alleged inaccuracies on a website that it's using to communicate with workers.

In a letter to chairman Keith Cowan that Demoulas shared with employees, he stated his opposition to the "unprecedented" website and highlighted information on it that he said is significantly "wrong." He also asked the board to shut down the site.

"I am completely opposed to the board having a website," Demoulas said in the letter to Cowan. "Any company should speak to its associates, its customers and the public through its CEO. I urge you to promptly either close the website or, at a minimum, fix the site and eliminate the half-truths and inaccuracies."

Demoulas said the site takes the position of so-called "A" directors aligned with his rival, Arthur S. 
Demoulas, who waged an earlier campaign to remove his cousin from the CEO's post and rein in his duties amid a long-running family feud.

The board, meanwhile, has made only one of Demoulas' recommended changes to the site's "frequently asked questions" page, but updated others. It acknowledged that it's hired an executive search firm to "assure that both corporate succession planning and the identification and development of additional executive talent is an integral part of long-term planning ... The search firm is not looking for a new president."

The board has no intention to take down the site, according to a board spokeswoman. "The board has made it clear why it created the website, and the board will continue to use this vehicle to provide factual information to the company's stakeholders," she said.

A spokeswoman for 
Arthur T. Demoulas said he declined comment. In his letter to employees, Demoulas said he was forwarding the Cowan letter to "set the record straight."

"It is important that when the company decides to communicate with its associates, it do so truthfully," he said in the letter.

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Federal health market surpasses 1 million signups

HONOLULU — A December surge propelled health care sign-ups through the government's rehabilitated website past the 1 million mark, the Obama administration said Sunday, reflecting new signs of life for the problem-plagued federal insurance exchange.

Of the more than 1.1 million people now enrolled, nearly 1 million signed up in December, with the majority coming in the week before a pre-Christmas deadline for coverage to start in January. Compare that to a paltry 27,000 in October —the website's first, error-prone month — or 137,000 in November.

The figures tell only part of the story. The administration has yet to provide a December update on the 14 states running their own exchanges. While California, New York, Washington, Kentucky and Connecticut have performed well, others are still struggling.

Still, the end-of-year surge suggests that with HealthCare.Gov now functioning better, the federal market may be starting to pull its weight. The windfall comes at a critical moment for Obama's sweeping health care law, which becomes "real" for many Americans on Jan. 1 when coverage through the exchanges and key patient protections kick in.

"As we continue our open enrollment campaign, we experienced a welcome surge in enrollment as millions of Americans seek access to affordable health care coverage," Marilyn Tavenner, the head of the Center for Medicare and Medicaid Services, said in a blog post.

The fledgling exchanges are still likely to fall short of the government's own targets for 2013. That's a cause for concern, because Obama needs millions of mostly younger, healthy Americans to sign up to keep costs low for everyone. The administration had projected more than 3.3 million overall would be enrolled through federal and state exchanges by the end of the year.

Tavenner said fixes to the website, which underwent a major overhaul to address widespread outages and glitches, contributed to December's figures. But the problems haven't totally disappeared. Thousands of people wound up waiting on hold for telephone help on Christmas Eve for a multitude of reasons, including technical difficulties.

The administration released the figures Sunday while President Barack Obama was vacationing in Hawaii. Although the president has spent most of his time relaxing with friends and family, he stepped into work mode late Friday for an update from aides on his signature domestic policy achievement. The White House said Obama told his team to focus on minimizing disruptions for those switching plans.

For Americans who successfully chose insurance plans by Dec. 24, coverage should start on New Year's Day for those who pay their first month's premium by the due date, which in most cases has been extended until Jan. 10.

But insurers have complained that another set of technical problems, largely hidden from consumers, has resulted in the government passing along inaccurate data on enrollees. The White House says the error rate has been significantly reduced. Yet with a flood of signups that must be processed in just days, it remains unclear whether last-minute enrollees will encounter a seamless experience if they try to use their new benefits come Jan. 1.

The political fallout from the website's calamitous rollout could pale in comparison to the heat that Obama might take if Americans who signed up and paid their premiums arrive at the pharmacy or the emergency room and find there's no record of their coverage. Republican critics, already on the lookout for health-law failures to exploit in the 2014 midterm elections, would be emboldened to argue that shortcomings with the law's implementation have jeopardized Americans' health.

As make-or-break January approaches, officials are also working to prevent gaps in coverage for millions of Americans whose individual policies were canceled this fall because they fell short of the law's requirements. In one of a series of last-minute tweaks, the administration in December said even if those individuals don't sign up for new plans, they won't face the penalty the law imposes on Americans who fail to get insurance by March 31.

A key indicator of whether state-run exchanges are keeping pace with the federal exchange will come next month, when the administration releases full December figures. Overall, the goal is to sign up 7 million Americans before the first-year open enrollment period closes at the end of March.

A few states offering their own updates have posted encouraging totals, including New York, where more than 200,000 have enrolled either through the state exchange or through Medicaid, a government program expanded under Obama's health law to cover more people. In California, a tally released Friday showed nearly 430,000 have enrolled through the exchange so far.

"The basic structure of that law is working despite all the problems —despite the website problems, despite the messaging problems," Obama told reporters before departing for Hawaii.

Another major unknown is whether the recent surge in enrollments skewed toward older Americans whose medical needs are expensive to cover, or whether the administration succeeded in recruiting younger and healthier people whose participation is critical to the law's success. Those details for December are expected to be released in mid-January.

Meanwhile, with the website now able to handle higher volumes without crashing or clogging up, the government plans in January to ramp up outreach to consumers to encourage more people to sign up, the administration said.

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Reach Josh Lederman at http://twitter.com/joshledermanAP

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