Another Blow To OFCCP's Grab For Health Care Providers

Law360, New York (November 2, 2012, 8:02 PM EDT) -- For nearly four years, the Office of Federal Contract Compliance Programs has been tenaciously pursuing jurisdiction over health care 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.

Even when Congress passed legislation in December 2011 that appears designed to reject OFCCP's position, the agency's director, Patricia Shiu, responded that "this is not over yet."

Well, the issue may be over now. On Oct. 19, 2012, the U.S. Department of Labor's Administrative Review...

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