[Federal Register: December 31, 2007 (Volume 72, Number 249)]
[Notices]               
[Page 74341-74342]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31de07-81]                         

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-62,310]

 
Healthcare Management Partners, LLC, Santa Ana, CA; Notice of 
Negative Determination Regarding Application for Reconsideration

    By application postmarked November 20, 2007, the petitioner 
requested administrative reconsideration of the Department's negative 
determination regarding eligibility to apply for Trade Adjustment 
Assistance (TAA), applicable to workers and former workers of the 
subject firm. The denial notice was signed on October 23, 2007 and 
published in the Federal Register on November 6, 2007 (72 FR 62682).
    Pursuant to 29 CFR 90.18(c) reconsideration may be granted under 
the following circumstances:
    (1) If it appears on the basis of facts not previously considered 
that the determination complained of was erroneous;
    (2) if it appears that the determination complained of was based on 
a mistake in the determination of facts not previously considered; or
    (3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or

[[Page 74342]]

of the law justified reconsideration of the decision.
    The negative TAA determination issued by the Department for workers 
of Healthcare Management Partners, LLC, Santa Ana, California, was 
based on the finding that the worker group does not produce an article 
within the meaning of Section 222 of the Trade Act of 1974. The 
investigation revealed that workers of the subject firm are engaged in 
medical billing and medical practice management. The investigation 
further revealed that no production of article(s) occurred within the 
firm or appropriate subdivision within the Healthcare Management 
Partners, LLC during the relevant time period.
    The petitioner contends that the Department erred in its 
interpretation of the work performed by the workers of the subject 
firm. The petitioner states that the workers of the subject firm 
``produced medical coding, appeals on claims, resubmitted claims, 
bills, medical records and other documents for patients, insurance 
companies, or other third parties.'' The petitioner alleges that 
because the work was done in a ``production environment in which 
workers submitted weekly reports'' and because the written documents 
and codes should be considered ``intangible products'', workers of the 
subject firm should be considered as engaged in production of articles.
    The investigation revealed that Healthcare Management Partners, 
LLC, Santa Ana, California, provide medical billing and practice 
management services to physicians and medical professional practices 
and the workers were engaged in data processing, payment posting, 
following up on accounts receivable for the company's medical billing 
clients. These functions, as described above, are not considered 
production of an article within the meaning of Section 222 of the Trade 
Act. Claims, medical records, bills and other correspondence are 
documents used by the subject firm as incidental to services provided 
by the subject firm. No production took place at the subject facility 
nor did the workers support production of an article for at any 
domestic affiliated location during the relevant period.
    The petitioner also alleges that job functions have been shifted 
from the subject firm to overseas contractors.
    The allegation of a shift to another country might be relevant if 
it was determined that workers of the subject firm produced an article. 
However, the investigation determined that workers of Healthcare 
Management Partners, LLC, Santa Ana, California, do not produce an 
article within the meaning of Section 222 of the Trade Act of 1974.

Conclusion

    After review of the application and investigative findings, I 
conclude that there has been no error or misinterpretation of the law 
or of the facts which would justify reconsideration of the Department 
of Labor's prior decision. Accordingly, the application is denied.

    Signed in Washington, DC, this 18th day of December, 2007.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E7-25365 Filed 12-28-07; 8:45 am]

BILLING CODE 4510-FN-P