Healthcare providers that participate in a TRICARE network probably recall that the Office of Federal Contract Compliance Programs issued a moratorium in May 2014 exempting them from the agency’s enforcement activities.  That moratorium was for a five-year period – which means only one year remains.  Check here for more background on this long-running jurisdictional saga. 

Unless the OFCCP extends the moratorium or Congress takes action to exempt TRICARE network providers from OFCCP jurisdiction, healthcare providers that participate in the TRICARE network to provide medical care (as opposed to just receiving reimbursements) will be expected to be in compliance by May 2019. 

What does that mean for TRICARE network providers?  You still have an entire year to prepare for a potential compliance evaluation by the OFCCP. Use that time wisely!  Consider ensuring that the following is done sooner rather than later:

• Prepare written affirmative action plans for each establishment
• Analyze compensation practices for equity based on race and gender
• Collect voluntary self-identification of race, gender, disability status, and protected veteran status from all applicants and new hires
• Post all required notices in the workplace and electronically, as appropriate
• Update handbooks and policies to ensure all required affirmative action and other contract-required notices are included
• Recruit females, minorities, individuals with a disability, and protected veterans for open positions
• List all job openings with the local state unemployment agency
• Track all applicants and record reasons for non-selection

And, of course, there’s much more!

For questions regarding jurisdiction of the OFCCP and compliance with the affirmative action laws and regulations, please contact a member of our Affirmative Action/OFCCP compliance practice group. Now! Before it’s too late.