During the Office of Federal Contract Compliance Programs (OFCCP) webinar "Status of Pending Compliance Evaluations of Entities that Participate in TRICARE Networks" held on April 25th, it was announced that Directive 293, "Coverage of Health Care Providers and Insurers" was rescinded due to "recent legislation and related developments in pending litigation."
Recent legislation passed; the National Defense Authorization Act (NDAA) specifically removes TRICARE network providers from being designated as Federal subcontractors for purposes of OFCCP jurisdiction. The OFCCP has advised that scheduled compliance evaluations where the sole basis for jurisdiction is participation in TRICARE will be "put on hold". OFCCP will continue to use a case-by-case approach to make coverage determinations.
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