D.C. District Court affirms OFCCP’s expanding jurisdiction over the health care industry

Lexology
Wiley Rein LLP

Todd A. Bromberg, Jillian Volkmar and Christen Price

USA

   April 9 2013

 

On March 30, 2013, the U.S. District Court for the District of Columbia affirmed an Administrative Review Board (ARB) decision finding that the Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) had jurisdiction over certain health care providers as government subcontractors.  UPMC Braddock et al., v. Harris, No. 1:09-cv-01210 (D.D.C. Mar. 30, 2013). 

The plaintiff hospitals (hospitals), affiliated with the University of Pittsburgh Medical Center (UPMC), had contracted with the UPMC Health Plan (Health Plan) to provide medical services to individuals covered under the Health Plan.  Following the initial agreement, the Health Plan contracted in 2000 with the Office of Personnel Management (OPM) to provide health maintenance organization (HMO) services to certain federal employees covered under the Federal Employees Health Benefits Program (FEHBP).  The hospitals continued to renew their UPMC Health Plan contract after the OPM contract took effect.

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