Healthcare providers are waiting anxiously to see the Office of
Federal Contract Compliance Programs' (OFCCP) most recent
position on whether it will continue trying to assert jurisdiction
over them on the basis of participation in the TRICARE Program. For
years, OFCCP's position was that the receipt of insurance
reimbursement alone would not subject the healthcare provider to
OFCCP's jurisdiction. In fact, in its FAQs available on its
website, OFCCP has expressly stated that participation in Medicare
Parts A and B does not create such status.
But several other programs have proved very problematic during
recent years. The Federal Employee Health Benefits Program (FEHBP),
TRICARE, and Medicare Parts C and D are programs that OFCCP has
recently used as grounds for its jurisdiction over those who
participate in those programs. On March 11, 2014, the Secretary of
Labor, Tom Perez, proposed a unique sidestep position on this
issue.
