DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,219

BEACON MEDICAL SERVICES, LLC
INCLUDING OFF-SITE TELEWORKERS REPORTING TO
AURORA, COLORADO


Notice of Revised Determination
on Reconsideration

The initial investigation, initiated on June 7, 2011, resulted
in a negative determination based on the finding that workers at
the subject firm did not produce an article within the meaning of
the Trade Act of 1974, as amended (the Act). The negative
determination, issued on June 22, 2011, was applicable to workers
and former workers of Beacon Medical Services, LLC, Aurora,
Colorado (Beacon Medical). The notice of determination was
published in the Federal Register on July 8, 2011 (76 FR 40402).
On July 25, 2011, a petitioner filed an application for
administrative reconsideration of the negative determination
regarding workers’ eligibility. Because the petitioner did not
supply facts not previously considered or provide additional
information indicating that there was either a mistake in the
determination or a misinterpretation of facts or the law, the
Department determined issued a Notice of Negative Determination
Regarding Application for Reconsideration on October 4, 2011. The
determination regarding application was published in the Federal
Register on October 30, 2011 (76 FR 65216).
The workers’ firm is engaged in services related to the supply
of billing and coding services for the medical industry. The
subject worker group includes off-site teleworkers who report to
the Aurora, Colorado facility. The subject worker group does not
include leased workers from a temporary or staffing agency.
As required by the Trade Adjustment Assistance (TAA) Extension
Act of 2011 (the TAAEA), the investigation into this petition was
reopened for a reconsideration investigation to apply the
requirements for worker group eligibility under chapter 2 of title
II of the Trade Act of 1974, as amended by the TAAEA to the facts
of this petition.
The Department collected information during the initial and
reconsideration investigations that revealed that the subject
firm shifted to India services like or directly competitive with
the billing and coding services supplied by the subject worker
group. Accordingly, the Department determines that workers of
the subject firm meet the eligibility criteria to apply for TAA.
Section 222(a)(1) has been met because a significant number
or proportion of the workers in such workers’ firm have become
totally or partially separated, or are threatened to become totally
or partially separated.
Section 222(a)(2)(B) has been met because the workers’ firm
has shifted to a foreign country the supply of services like or
directly competitive with the services supplied by workers in Cash
Applications, Insurance Follow-Up, and Coding Departments, which
contributed importantly to worker group separations at Beacon
Medical.
Conclusion
After further review, I determine that workers of Beacon
Medical Services, LLC, Aurora, Colorado, who were engaged in
employment related to the supply of medical billing and coding
services, meet the worker group certification criteria under
Section 222(a) of the Act, 19 U.S.C. § 2272(a). In accordance with
Section 223 of the Act, 19 U.S.C. § 2273, I make the following
certification:
"All workers of Beacon Medical Services, LLC, including off-
site teleworkers reporting to, Aurora, Colorado who became
totally or partially separated from employment on or after May
16, 2010, through two years from the date of this certification,
and all workers in the group threatened with total or partial
separation from employment on December 20, 2011 through two
years from the date of certification, are eligible to apply for
adjustment assistance under Chapter 2 of Title II of the Trade
Act of 1974, as amended.”
Signed in Washington, D.C., this 25th day of November, 2011
/s/ Del Min Amy Chen

______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance


DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-80,219

BEACON MEDICAL SERVICES, LLC
AURORA, COLORADO

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 (“Act”), 19 U.S.C. § 2273, the Department of Labor
herein presents the results of an investigation regarding
certification of eligibility to apply for worker adjustment
assistance.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a) and
(b) of Section 222 of the Act, 19 U.S.C. § 2272(a) and (b).
For the Department of Labor to issue a certification for
workers under Section 222(a) of the Act, 19 U.S.C. § 2272(a),
the following three criteria must be met:
(1) The first criterion (set forth in Section 222(a)(1) of
the Act, 19 U.S.C. § 2272(a)(1)) requires that a
significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated
(2) The second criterion (set forth in Section 222(a)(2) of
the Act, 19 U.S.C. § 2272(a)(2)) may be satisfied in one
of two ways:
(A) Increased Imports Path:
(i) sales or production, or both, at the workers’ firm
must have decreased absolutely, AND
(ii) imports of articles like or directly competitive
with articles produced by such firm or subdivision
have increased; and
(iii) the increase described in clause (ii) contributed
importantly to such workers’ separation or threat of
separation and to the decline in the sales or
production of such firm or subdivision.

(B) Shift in Production Path:
(i) there has been a shift in production by such
workers’ firm or subdivision to a foreign country of
articles like or directly competitive with articles
which are produced by such firm or subdivision; and
(ii)(I) the country to which the workers’ firm has
shifted production of the articles is a party to a
free trade agreement with the United States;
(II)the country to which the workers’ firm has
shifted production of the articles is a beneficiary
country under the Andean Trade Preference Act,
African Growth and Opportunity Act, or the Caribbean
Basin Economic Recovery Act; or
(III)there has been or is likely to be an
increase in imports of articles that are like or
directly competitive with articles which are
or were produced by such firm or subdivision.

For the Department to issue a secondary worker
certification under Section 222(b) of the Act, 19 U.S.C. §
2272(b), to workers of a Supplier or a Downstream Producer, the
following criteria must be met:
(1) a significant number or proportion of the workers in
the workers’ firm or an appropriate subdivision of
the firm have become totally or partially separated,
or are threatened to become totally or partially
separated;

(2) the workers’ firm is a Supplier or Downstream
Producer to a firm that employed a group of workers
who received a certification of eligibility under
Section 222(a) of the Act, 19 U.S.C. § 2272(a), and
such supply or production is related to the article
that was the basis for such certification; and

(3) either
(A) the workers’ firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the
production or sales of the workers’ firm; or
(B) a loss of business by the workers’ firm with the firm
described in paragraph (2) contributed importantly
to the workers’ separation or threat of separation.

Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines
the
terms “Supplier” and “Downstream Producer.”
The investigation was initiated in response to a petition
filed on June 7, 2011 on behalf of workers of Beacon Medical
Services, LLC, Aurora, Colorado. The workers’ firm supplies
third party medical billing and coding services.
The petition alleges that workers’ jobs were shifted to a
foreign country. During the course of the investigation,
information was collected from the workers’ firm.
The investigation revealed that Beacon Medical
Services, LLC, Aurora, Colorado, does not produce an article
within the meaning of Section 222(a) or Section 222(b) of the
Act. Rather, the workers’ firm supplied services related to
third party medical billing and coding. 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. The definition of a firm includes an
individual proprietorship, partnership, joint venture,
association, corporation (including a development corporation),
business trust, cooperative, trustee in bankruptcy, and
receiver under decree of any court.
In order for the Department to issue a certification of
eligibility to apply for alternative trade adjustment
assistance (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 workers of Beacon Medical
Services, LLC, Aurora, Colorado, engaged in activities related
to the supply of third party health insurance claims
administration and insurance agency services, 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 22nd day of June, 2011


/s/Michael W. Jaffe_____
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance




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