Articles and Blogs

The Office of Federal Contract Compliance Programs (“OFCCP”) published a final rule amending its regulations concerning its jurisdictional authority over health care providers that participate in TRICARE. Effective immediately, and in direct opposition with its prior legal position, OFCCP has confirmed that it lacks authority to regulate health care providers solely because they participate... READ MORE

In more happy news for the health care industry, the Office of Federal Contract Compliance Programs (“OFCCP”) is proposing to amend its regulations concerning its jurisdiction over health care providers that participate in TRICARE. The amendments would revise OFCCP’s regulatory definition of “subcontractor . . . to exclude health care providers with agreements to... READ MORE

In happy news for the health care industry, OFCCP recently announced a two-year extension of its TRICARE enforcement moratorium. The agency’s self-initiated enforcement moratorium, which has been in effect for four years, is now scheduled to expire on May 7, 2021. OFCCP also expanded the scope of the moratorium to apply to providers under the... READ MORE

The Administrative Review Board (“ARB”) ruled on July 22, 2013 that Florida Hospital of Orlando (“Florida Hospital”) is a covered federal subcontractor subject to Office of Federal Contract Compliance Programs’ (“OFCCP”) jurisdiction by virtue of its participation as a network provider under TRICARE.  The ruling comes nine months after the same panel of judges... READ MORE

OFCCP Lacks Jurisdiction over TRICARE The health care industry scored a significant litigation victory over OFCCP recently when the Administrative Review Board (ARB) ruled that Florida Hospital of Orlando’s TRICARE network agreement did not cause it to be a covered subcontractor subject to OFCCP’s affirmative action rules.  The ruling overturns an earlier Administrative Law Judge... READ MORE

Last week, the Office of Federal Contract Compliance Programs (“OFCCP”) addressed the status of TRICARE-based affirmative action compliance reviews during an agency conducted webinar.  The webinar was in response to the recent passage of the National Defense Authorization Act (“NDAA”), which included language confirming that TRICARE network providers would not be considered federal subcontractors... READ MORE

OFCCP announced today the rescheduling of a webinar concerning how the agency intends to address TRICARE based compliance audits.  The webinar is in follow up to Congress’ recent action to carve out TRICARE network agreements from OFCCP’s jurisdictional reach.  It was previously scheduled and then canceled by OFCCP, and will now be conducted on... READ MORE

Last week, we informed you of an OFCCP sponsored webinar originally scheduled for today, March 27.  According to OFCCP, the webinar would address how affirmative action compliance audits of TRICARE network providers would be handled in the wake of Congress’ decision to carve out TRICARE network providers from OFCCP’s jurisdiction.  Unfortunately, OFCCP canceled the webinar and has... READ MORE

Three and a half months ago, Congress included language in the National Defense Authorization Act (“NDAA”) declaring that TRICARE network providers will not be subject to OFCCP’s jurisdiction solely on the basis of their TRICARE network agreements.  The NDAA did not, however, address OFCCP coverage over health care providers in any other context, nor... READ MORE