Agency determined that it lacked authority to regulate healthcare providers because they participate in TRICARE

On July 2, 2020 OFCCP published in the federal register the final rule, “Affirmative Action and Nondiscrimination Obligations of Federal Contractors and Subcontractors: TRICARE Providers.”  The rule states that OFCCP has no authority over TRICARE health care providers.   The rule follows a notice and comment period and is effective August 31, 2020.  

OFCCP also established a national interest exemption for TRICARE providers from the obligations of E.O. 11246, Section 503 and VEVRAA.