As we reported last week, an en banc ARB panel, granting OFCCP’s Motion for Reconsideration, ruled OFCCP could assert jurisdiction over Florida Hospital based on the first prong of the defintion of subcontract in the regulations.  The Court, however, has acknowledged that OFCCP may nevertheless be barred from asserting jurisdiction over Florida Hospital if the payments the hospital receives pursuant to TRICARE constitute “federal financial assistance.” As a result the court remanded the case back to the ALJ for further assessment.   As a result, despite the en banc ruling issued last week, this “ain’t over yet.”