In December of 2010, the Office of Federal Contract Compliance Programs (OFCCP) took the position that hospitals were subject to its jurisdiction as a result of contracts to provide care under TRICARE, the federal government’s healthcare program for active duty and retired military and their families. See Directive 293 from OFCCP Director Patricia Shiu.
This issue has been litigated in both Pennsylvania and in Florida without relief for hospitals. See, UPMC Braddock v. Solis andOFCCP v. Florida Hospital of Orlando. Congress and President Obama, however, may have come to the rescue, at least to some degree (and how it relates to healthcare hiring).