April 28, 2014
The Department of Labor's (DOL) Office of Federal Contract Compliance Programs (OFCCP) enforces laws imposing affirmative action and equal employment opportunity obligations on all federal contractors and subcontractors. For years, the OFCCP has attempted to assert jurisdiction over the health care industry.

In a recent letter to members of Congress, Secretary of Labor Thomas E. Perez announced that the OFCCP will issue a directive with a five year moratorium on its enforcement activities involving TRICARE medical providers and will close any open or scheduled compliance evaluations of those providers. Secretary Perez's announcement came in response to a bill introduced in Congress that would prevent the OFCCP from asserting jurisdiction over health care providers on the basis of federal health program participation. (H.R. 3633) On April 1, following Secretary Perez's announcement, the DOL Administrative Law Judge dismissed the OFCCP's complaint against Florida Hospital of Orlando, which was a high profile case that had been pending since 2010 in which the OFCCP asserted jurisdiction over the hospital on the basis of its TRICARE subcontracts.

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