Monday, April 8, 2013

OFCCP wins major battle over coverage of some health care providers

Seyfarth Shaw LLP
   April 5 2013
The Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) takes an expansive view of its jurisdiction. In recent years, the OFCCP litigated vigorously to assert jurisdiction over many health care providers. Results have been mixed, as explained here and here. This round goes to the OFCCP. In Braddock, et al. v. Harris, et al., the United States District Court in the District of Columbia held that hospitals that provide medical services to federal employees pursuant to a contract with an HMO qualify as government subcontractors subject to the OFCCP's statutory and regulatory requirements. The opinion is available here.
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