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TAW-85125  /  Source Medical (Rome, GA)

Petitioner Type: Company
Impact Date: 03/06/2013
Filed Date: 03/07/2014
Most Recent Update: 08/06/2015
Determination Date: 08/06/2015
Expiration Date: 08/06/2017


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,125

SOURCE MEDICAL
ROME GEORGIA DIVISION
A SUBSIDIARY OF HIS (D/B/A SOURCE MEDICAL)
ROME, GEORGIA

Notice of Revised Determination
After Statutory Reconsideration

As required by the Trade Adjustment Assistance Reauthorization
Act of 2015 (TAARA 2015), which was enacted as Title IV of the Trade
Preferences Extension Act of 2015, Public Law No. 114-27, section
405(a)(1)(A), 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 TAARA 2015, to the facts of this petition (statutory
reconsideration).

The initial investigation, initiated on March 7, 2014, resulted
in a negative determination, issued on March 21, 2014, that was based on
the finding that subject firm did not produce an article. The determination
was applicable to workers and former workers of Source Medical, Rome Georgia
Division, a subsidiary of HIS (D/B/A Source Medical), Rome, Georgia
(Source Medical). The workers’ firm is engaged in activities related to
the supply of medical billing services.

Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that the workers
engaged in activities related to the supply of medical billing shifted
services to a foreign country, which contributed importantly to the
workers separations at the firm.

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 a(n) service like or directly
competitive with the service supplied by the workers which contributed
importantly to worker group separations at Source Medical.


Conclusion

After careful review, I determine that workers of Source Medical,
Rome Georgia Division, a subsidiary of HIS (D/B/A Source Medical), Rome,
Georgia, who are engaged in activities related to the supply of medical
billing 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 Source Medical, Rome Georgia Division, a
subsidiary of HIS (D/B/A Source Medical), Rome, Georgia, who became
totally or partially separated from employment on or after March 6,
2013, through two years from the date of certification, and all workers
in the group threatened with total or partial separation from employment
on the date of certification 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 6th day of August, 2015


/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment





DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-85,125

SOURCE MEDICAL
ROME, GEORGIA DIVISION
A SUBSIDIARY OF HIS (D/B/A SOURCE MEDICAL)
ROME, GEORGIA


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 March 7, 2014 by a company official on behalf of workers of
Source Medical, Rome, Georgia Division, a subsidiary of HIS (D/B/A
Source Medical), Rome, Georgia (Source Medical). The workers' firm
is engaged in activities related to the supply of medical billing
services.
The petition states that "we are outsourcing our billing
services from Rome, GA to India."
During the course of the investigation, information was
collected from the workers' firm.
The investigation revealed that Source Medical does not produce
an article within the meaning of Section 222(a) or Section 222(b) 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.
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.
During the investigation, the Department obtained information
that revealed that the workers' firm did not produce an article;
rather, the workers' firm supplied services related to medical
billing services.
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 all workers of Source Medical, Rome, Georgia
Division, a subsidiary of HIS (D/B/A Source Medical), Rome, Georgia,
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 21st day of March, 2014


/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance