Within days of my last post - reminding TRICARE network providers that OFCCP's moratorium expires in one year - the Office of Federal Contract Compliance Programs is hinting that it may not pursue jurisdiction over these healthcare providers after all.

In announcing its regulatory agenda, the OFCCP states that it plans to issue a Notice of Proposed Rulemaking in 2019 regarding 

the obligations of TRICARE or certain other healthcare providers as federal contractors and subcontractors. This proposed regulatory action would include limiting and otherwise altering the obligations of TRICARE and other healthcare providers covered by these authorities.

"Limiting and otherwise altering" their obligations?! Sounds like this administration is more inclined to respect Congress' intention of excluding TRICARE network providers from the OFCCP's jurisdictional coverage.

We will provide an update upon publication of any proposed rule, both here and in our sister publication, Constangy's Affirmative Action Alert.