DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,310

HEALTHCARE MANAGEMENT PARTNERS, LLC
SANTA ANA, CALIFORNIA

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 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, D.C., this 18th day of December, 2007.


/s/ Elliott S. Kushner

ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance

4510-FN-P


DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-62,310

HEALTHCARE MANAGEMENT PARTNERS, LLC.
SANTA ANA, CALIFORNIA

Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance.
The investigation was initiated on October 16, 2007 in
response to a petition filed on behalf of workers at Healthcare
Management Partners, LLC, Santa Ana, California. Workers at the
subject firm were engaged in medical billing and medical practice
management.
The investigation revealed that Healthcare Management
Partners, LLC, Santa Ana, California does not produce an article
within the meaning of Section 222(a)(2) of the Act. In order to be
considered eligible to apply for adjustment assistance under
Section 223 of the Trade Act of 1974, the worker group seeking
certification (or on whose behalf certification is being sought)
must work for a "firm" or appropriate subdivision that produces an
article and there must be a relationship between the workers' work
and the article produced by the workers' firm or appropriate
subdivision. The subject worker group does not support a firm or
appropriate subdivision that produces an article domestically and
thus the worker group can not be considered import impacted or
affected by a shift in production of an article.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment assistance
(ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since the
workers are denied eligibility to apply for TAA, the workers cannot
be certified eligible for ATAA.








Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers of Healthcare
Management Partners, LLC, Santa Ana, California are denied
eligibility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974, and are also denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974.
Signed in Washington, D.C., this 23rd day of October 2007


/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance









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