OFCCP has finalized its rule making to officially confirm the Agency does not, and should not, exert authority over TRICARE providers. OFCCP first took this position in a proposed rule making in November 2019. In the final rule, OFCCP concluded it does not have jurisdiction over healthcare providers based solely on TRICARE provider network
TRICARE
Ban-the-Box Law Limits Criminal Background Inquiries by Federal Contractors Beginning in December 2021
The most recently authorized version of the National Defense Authorization Act (NDAA) includes a provision that will limit the ability of federal contractors to inquire into the criminal backgrounds of certain potential employees. Beginning in December 2021, the Fair Chance Act will prohibit federal contractors from inquiring about a job applicant’s criminal background in certain…
OFCCP Proposes to Formally Withdraw Authority Over TRICARE Employers
As previewed earlier this year, OFCCP is scheduled to publish on November 6, 2019 its proposed rule making addressing jurisdiction for TRICARE contractors and subcontractors. As a reminder, OFCCP has had an audit moratorium in place since 2014 for employers that participate in TRICARE.
The proposed rule making seeks to codify OFCCP’s most recent…
OFCCP Adds to 2019 Rulemaking Agenda
This week the Department of Labor announced its spring 2019 Regulatory Agenda. Included was an new item from OFCCP that was part of its prior published regulatory agenda. As OFCCP previously announced in 2018, its planned rule-making agenda for the near future includes rulemaking to address affirmative action obligations for TRICARE providers (slated for May 2019) and contractor’s use of religious exemptions (slated for June 2019).
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Continue Reading OFCCP Adds to 2019 Rulemaking Agenda
OFCCP Extends TRICARE Moratorium
As we recently reported, OFCCP is evaluating affirmative action obligations for TRICARE providers and expects to publish rulemaking on this front next year. In connection with this, to allow time for the rulemaking process, as well as to allow time for any potential related legislative action, OFCCP announced it has extended the enforcement moratorium for…
Only One Item On OFCCP’s Spring Regulatory Agenda: TRICARE
Today, the Trump Administration released its Spring 2018 Unified Agenda of Regulatory and Deregulatory Actions, which “reports on the actions administrative agencies plan to issue in the near and long term.”
OFCCP has only one item listed on its agenda, entitled “Affirmative Action and Nondiscrimination Obligations of Federal Contractors and Subcontractors: TRICARE and Certain…
Healthcare Providers Take Note: New Proposed Bill Would Limit OFCCP Jurisdiction
While its been quite some time since we’ve discussed the issue, it seems we have occasion again to revisit the age-old, yet unresolved, question of whether healthcare providers are covered by federal affirmative action laws and regulations. The answer to that question has been an ongoing saga in Congress and the courts. The recent history…
OFCCP Issues New TRICARE Directive
As a follow up to Secretary Perez’s letter to Congress proposing a five year moratorium on OFCCP compliance reviews of TRICARE employers, OFCCP issued a directive detailing the Agency’s position.
In addition to confirming OFCCP’s commitment to cease auditing TRICARE employers for the next five years, the directive sets out OFCCP’s plan to
“engage in
…
OFCCP v. Healthcare Industry: The Battle Isn’t Over Yet
The saga of OFCCP v. Florida Hospital of Orlando is synonymous with OFCCP’s ongoing battle to establish jurisdiction over healthcare providers. In late-2008, OFCCP brought an enforcement action after the Hospital objected to OFCCP’s jurisdiction, claiming it was not a covered “subcontractor.” An administrative law judge in October 2012 found the Hospital to be a…
The Battle Between OFCCP and the Healthcare Industry Continues in Washington
Today, yet another chapter of the attenuated battle between OFCCP and the healthcare industry unfolded on Capitol Hill. During a hearing on H.R. 3633, known as the Protecting Health Care Providers from Increased Administrative Burdens Act, Representative Tim Walberg, the bill’s sponsor, reported that Secretary of Labor Perez provided him with a letter detailing …