Tag Archives: TRICARE

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 TRICARE … Continue Reading

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 Other Healthcare … Continue Reading

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 of this topic can be found here … Continue Reading

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 outreach … Continue Reading

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 … Continue Reading

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 OFCCP’s promise to put a 5 year moritorium on … Continue Reading

Its Not Over Yet – Florida Hospital Case Remanded for Further Assessment of OFCCP’s Jurisdiction

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 … Continue Reading

En Banc ARB Panel Holds Florida Hospital is Still Subject to OFCCP Jurisdiction Despite Passage of NDAA

In an opinion released today, the en banc ARB panel tasked with reviewing last years’s ARB plurality decision  – which held Florida Hospital was not subject to OFCCP jursidiction after passage of the NDAA (National Defense Authorization Act) – has found Florida Hospital is still subject to OFCCP jursidiction based on application of the first prong of the … Continue Reading

One Week After Obama Wins Re-Election, OFCCP Signals Commitment to Vigorous and Expansive Enforcement: Pledges Continued Compliance Reviews (and Litigation) in TRICARE Cases Unless Court Clarifies Florida Hospital Decision

 As an update to our recent post discussing the latest chapter of the OFCCP/TRICARE saga, OFCCP has asked the United States Department of Labor’s Administrative Review Board to reconsider their “deeply divided” decision in which a plurality of the ARB decided the National Defense Administration Act (NDAA) precluded OFCCP’s jurisdiction over Florida Hospital.    In requesting … Continue Reading

Favorable Decision for TRICARE Employer Doesn’t Foreclose OFCCP Jurisdiction for All in the Healthcare Industry

Florida Hospital of Orlando received good news on Friday when the Administrative Review Board (ARB) found in their favor and concluded OFCCP could not subject the hospital to a compliance review.  While this decision answers the outstanding question of OFCCP jurisdiction for Florida Hospital, it is by no means establishes a blanket exemption for others, … Continue Reading
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