OFCCP Rescinds Medical Providers Directive, But Still Leaves Uncertainty for Some

The Office of Federal Contract Compliance Programs announced April 25, 2012 the immediate rescission of Enforcement Directive 293 regarding coverage of healthcare providers.

As we mentioned in a previous AA Alert, the OFCCP issued Directive 293 to explain its rationale for jurisdictional coverage of healthcare providers based on an affiliation with federal health care programs. One of the bases for possible coverage involved participation in a network of TRICARE providers. However, on December 31, 2011, President Obama signed the National Defense Authorization Act, which provides that a TRICARE agreement is not considered a federal contract.

As a result of the NDAA, the OFCCP rescinded its prior Directive and has "put on hold" all compliance evaluations where the only basis for jurisdiction is participation in TRICARE. The Agency will notify those entities by mail of their status. For those entities that participate in TRICARE but also hold contracts with other agencies, such as the Department of Justice, the Veterans Administration, or the Department of Health and Human Services, the compliance reviews will go forward. In those cases, the OFCCP will also notify the organizations by letter of their status, and the organizations will have 30 days to submit their affirmative action plans and requested documentation. Those letters are expected to be sent by May 4, 2012.

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Constangy, Brooks, Smith & Prophete, LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.