For nearly four years, the Office of Federal Contract Compliance Programs (OFCCP) has been tenaciously pursuing jurisdiction over healthcare providers based on the theory that providers participating in, and receiving more than $50,000 in reimbursement from, the Department of Defense's TRICARE program qualify as federal government subcontractors who are required to comply with the agency's regulations. On October 19, 2012, the Department of Labor's Administrative Review Board (ARB), in a divided opinion, rejected the OFCCP's argument that it had jurisdiction over Florida Hospital of Orlando based solely on the hospital's participation in TRICARE. Unfortunately, the decision leaves open the possibility that some arrangements under TRICARE could support OFCCP jurisdiction. Continue reading about this development in Littler's ASAP, ARB Rejects OFCCP's Claim of Jurisdiction based on Florida Hospital's TRICARE Participation.
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