DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-85,182

M*MODAL SERVICES, LTD.
FORMERLY KNOWN AS MEDQUIST
FRANKLIN, TENNESSEE

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 March 28, 2014, resulted in
a negative determination, issued on May 6, 2014, that was based
on the firm not producing an article. The determination was
applicable to workers and former workers of M*Modal Services,
Ltd., formerly known as MedQuist, Franklin, Tennessee (herein
referred to as “M*Modal Services, Ltd.”). The workers’ firm is
engaged in activities related to the supply of medical
transcription and billing services from remote-home locations
across the United States. The worker group was previously
certified eligible to apply for Trade Adjustment Assistance (TAA)
under petition number TA-W-81,128 which expired on March 29, 2014.
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that a shift in
medical transcription and billing services contributed to the
workers separations.
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 service like or
directly competitive with the service supplied by the workers
which contributed importantly to worker group separations at
M*Modal Services, Ltd.

Conclusion
After careful review, I determine that workers of M*Modal Services,
Ltd., formerly known as MedQuist, Franklin, Tennessee, who are
engaged in activities related to supply of medical transcription
and 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 M*Modal Services, Ltd., formerly known as MedQuist,
Franklin, Tennessee engaged in activities related to the supply of
medical transcription and billing services, who became totally or
partially separated from employment on or after March 30, 2014,
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 4th day of November, 2015

/s/ Hope D. Kinglock

______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance




DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-85,182

M*MODAL SERVICES, LTD.
FORMERLY KNOWN AS MEDQUIST
INCLUDING TELEWORKERS REPORTING TO MOUNT LAUREL, NEW JERSEY
FRANKLIN, TENNESSEE

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 28, 2014 by a state workforce office on behalf of
workers of M*Modal Services Ltd., formerly known as MedQuist,
including teleworkers reporting to Mount Laurel, New Jersey,
headquartered in Franklin, Tennessee (M*Modal/MedQuist). The
workers' firm is engaged in activities related to the supply of
medical transcription and billing services.
The petitioner alleges that, "MedQuist medical billing
accounts and services have been transferred to an Indian company
named CBay. All affected workers were based out of Mount Laurel,
(New Jersey), but worked virtually from their homes."
During the course of the investigation, information was
collected from the workers' firm and the petitioner.
The investigation revealed that M*Modal/Medquist 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 of Labor obtained
information that revealed that the workers' firm did not produce an
article; rather, the workers' firm supplied services related to
medical transcription and billing.
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 M*Modal Services
Ltd., formerly known as MedQuist, including teleworkers reporting
to Mount Laurel, New Jersey, headquartered in Franklin, Tennessee
engaged in activities related to the supply of medical
transcription and billing 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 6th day of May, 2014


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