The Office of Federal Contract Compliance Programs has announced that beginning April 27, 2012, it will send letters to all health care providers (HCPs) updating them on the status of their pending affirmative action compliance reviews. This is in response to ongoing litigation about whether the OFCCP has jurisdiction over HCPs with TRICARE contracts or subcontracts.
The OFCCP will proceed with the HCP compliance review if the basis for its jurisdiction is not related to a TRICARE contract or subcontract. If the only jurisdictional basis is the TRICARE contract or subcontract, the OFCCP will put the compliance review on hold until the conclusion of ongoing litigation, OFCCP v. Florida Hospital of Orlando. If the OFCCP intends to proceed with the compliance review, the letter it sends to the HCP should clearly state the basis of its jurisdiction.
The OFCCP also announced that it rescinds Directive 293 effective immediately. This directive assisted HCPs in determining their affirmative action obligations. The OFCCP stated that the National Defense Authorization Act and other regulations rendered Directive 293 obsolete.