Are TRICARE network providers “federal subcontractors?
Until now, with the exception of the test case filed by the Solicitor’s Office in the Atlanta Region of the OFCCP before the Administrative Law Judge, the OFCCP has left dormant the pending investigations of TRICARE network providers protesting jurisdiction. The OFCCP and TRICARE network providers are awaiting the decision from the Administrative Law Judge on the issue of whether a hospital, by entering into a “Hospital Agreement” with one of TRICARE’s three regional contractors to provide medical services to TRICARE beneficiaries, is a federal subcontractor subject to the affirmative action requirements of Executive Order 11246 and related affirmative action statutes. Of the handful of cases involving the OFCCP’s jurisdiction over subcontractors, only two subcontractor cases have involved hospitals: OFCCP v. Bridgeport Hospital, ARB No. 00-034, 2003 WL 244810 (Jan. 31, 2003) and OFCCP v UPMC Braddock, UPMC McKeesport & UPMC Southside, ARB Case No. 08-048, 2009 WL 1542298 (May 29, 2009
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