OFCCP Issues Announcement on Tri-Care coverage

OFCCP Public Announcement
(issued via email)

The National Defense Authorization Act of 2012 (NDAA) contains a provision relating to the Office of Federal Contract Compliance Program's (OFCCP) jurisdiction over TRICARE subcontractors. Please join OFCCP Director of Program Operations Tom Dowd and Counsel Consuela Pinto for a webinar to explain how OFCCP will enforce the law regarding such subcontractors in light of this provision.

Because the NDAA does not address OFCCP coverage unrelated to TRICARE, the webinar will explain how OFCCP is moving forward with compliance evaluations of entities that participate in TRICARE and also hold another federal contract or subcontract. The webinar also will explain how OFCCP is putting compliance evaluations of those entities for which a TRICARE subcontract is the only basis of jurisdiction “on hold,” in light of the fact that this issue is currently being litigated in the Florida Hospital case.

This event requires registration -

Topic: Status of Pending Compliance Evaluations of Entities that Participate in TRICARE Networks
Date and Time:
Wednesday, April 25, 2012 3:00 pm, Eastern Daylight Time

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To register for the online event
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1. Go to https://doltraining.webex.com/doltraining/onstage/g.php?t=a&d=669006428
2. Click "Register".
3. On the registration form, enter your information and then click "Submit".

Once the host approves your registration, you will receive a confirmation email message with instructions on how to join the event.

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For assistance
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You can contact Brenda Williams Stewart at:
williamsstewart.brenda@dol.gov




http://www.webex.com

IMPORTANT NOTICE: This WebEx service includes a feature that allows audio and any documents and other materials exchanged or viewed during the session to be recorded. By joining this session, you automatically consent to such recordings. If you do not consent to the recording, discuss your concerns with the meeting host prior to the start of the recording or do not join the session. Please note that any such recordings may be subject to discovery in the event of litigation.

House and Senate overrule OFCCP on TRICARE subcontractors

Lexology.com
Littler Mendelson PC
Robert Wolff
USA

December 21 2011

TRICARE is the federal government’s healthcare program for active duty and retired military members and their families. For many years, healthcare systems reasonably assumed that their subcontracts to provide services or benefits to federal employees under TRICARE would not invoke the jurisdiction of the Office of Federal Contract Compliance Programs (OFCCP), and thus would not mandate federal equal employment and affirmative action obligations. This assumption seemed particularly rational where the subcontract expressly provided that the healthcare system was not a federal contractor. In addition, the OFCCP's own March 2003 directive stated that healthcare providers that have a relationship with participants in the Federal Employees Health Benefits Program (FEHBP) are not covered under OFCCP's programs based solely on that relationship and thus are not subject to OFCCP’s federal contractor requirements.

Full Story: http://www.lexology.com/library/detail.aspx?g=c873e34b-449f-4219-8863-e06f80c2e722&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2012-01-05&utm_term=

Affirmative Action Alert - Congress Grants Relief To TRICARE Providers

JDSupra
By:
Constangy, Brooks & Smith, LLP on 1/5/2012

In a move aimed to divest the Office of Federal Contract Compliance Programs of jurisdiction over hundreds of potential federal subcontractors, Congress passed Section 715 of the National Defense Authorization Act on December 15, 2011, and President Obama signed it into law on December 31, 2011. This portion of the NDAA provides as follows:

For the purpose of determining whether network providers under [TRICARE] provider network agreements are subcontractors for purposes of the Federal Acquisition Regulation or any other law, a TRICARE managed care support contract that includes the requirement to establish, manage, or maintain a network of providers may not be considered to be a contract for the performance of health care services or supplies on the basis of such requirement.

Full Story: http://www.jdsupra.com/post/documentViewer.aspx?fid=57ceada8-0ca0-4d8e-bad4-c7b909102fde

TRICARE Contracts Subject Hospitals to Affirmative Action Obligations

Drinker Biddle
Labor & Employment Alert
Kendra Allaband, Stephanie Gournis
November 1, 2010

In a highly anticipated decision, a Labor Department Administrative Law Judge (ALJ) has found that a Florida hospital’s TRICARE contracts trigger affirmative action obligations under federal law. OFCCP v. Florida Hospital of Orlando, DOL OALJ, No. 2009-OFC-00002 (October 18, 2010). In so holding, the ALJ upheld the position of the Office of Federal Contract Compliance Programs (OFCCP) that the hospital was a government subcontractor.Click on the PDF link above to view the full alert.

http://www.drinkerbiddle.com/tricarecontracts/