Status of Pending Compliance Evaluations of Entities that Participate in TRICARE Networks

On April 25, 2012, the OFCCP announced that it rescinded its Directive 293, which is the OFCCP policy that determines if healthcare providers and insurers who use TRICARE are covered contractors or subcontractors. It was rescinded due to recent changes in the healthcare industry and pending litigation; such as, the OFCCP vs. Florida Hospital of Orlando.

Furthermore, the OFCCP stated it is putting compliance evaluations on hold for healthcare providers and insurers where TRICARE is the only reason for jurisdiction of a compliance evaluation. The OFCCP will mail letters to notify employers if the compliance evaluation is on hold.

While the OFCCP acknowledges the hold, they are still interested in including TRICARE as a subcontract and continue to pursue the issue. For example, OFCCP argued that the National Defense Authorization Act of 2012 (NDAA) is not retroactive; therefore, employers who received the letter prior to th