<img height="1" width="1" style="display:none;" alt="" src="https://px.ads.linkedin.com/collect/?pid=3500553&amp;fmt=gif">

Veteran Affairs MISSION Act Veterans Care Agreements Not Exempt from OFCCP's Jurisdiction

By OutSolve - Aug 3, 2020 11:01:15 AM - 1 MINS READ

VA Community Care Networks also within the agency’s jurisdiction

On June 6, 2018, the Department of Veteran Affairs (VA) MISSION (Maintaining Internal Systems and Strengthening Integrated Outside Networks) Act of 2018 was signed into law to: (1) provide veterans with access to health care in VA facilities and communities, (2) expand benefits for caregivers, and (3) improve the agency’s ability to retain and recruit good medical providers. The final rule was released on June 6, 2019. The Act addresses Veterans Care Agreements (VCAs) which provide the agency with “the authority to enter into…arrangements to address gaps in care that may arise in hospital care, medical services, and/or extended care services.” Section 107 of the Act exempted federal contractors who enter into Veterans Care Agreements (VCAs) with the VA from OFCCP jurisdiction.

Recently, in conjunction with reviewing the TRICARE moratorium, OFCCP also addressed the exemption under the VA MISSION Act with respect to VCAs. Despite the statutory language in 38 U.S.C. § 1703A and/or 38 U.S.C. § 1745, OFCCP’s position is that VCAs are under their jurisdiction since the language in 38 U.S.C. § 1703A states that VCAs are subject to “all laws that protect against employment discrimination or that otherwise ensure equal employment opportunities.” Additionally, OFCCP claims that the “statutory language of the Act, standing alone, does not serve to remove these agreements from OFCCP’s authority.”

At the same time OFCCP addressed the VA Community Care Networks (CCNs) and determined that they are also not exempt from the agency’s jurisdiction since CCNs are typically competitively bid federal contracts. A CCN is a “third-party network manager that is a prime contractor with the VA.”

Contractors with VCAs should be aware of OFCCP’s recent announcement to determine the need for additional compliance support.


Related Posts:

OutSolve Experts to Present at NILG 2021 National Conference

Jul 28, 2021 2:19:47 PM - READ TIME 2 MINS

The NILG 2021 National Conference takes place August 1-4, 2021 in Nashville, TN. The conference brin...

Maya Raghu Joins the OFCCP as Deputy Director for Policy

Jul 22, 2021 4:50:02 PM - READ TIME 1 MINS

Maya has over 20 years of experience in public policy, stakeholder engagement, and litigation center...

OFCCP Enters into Conciliation Agreement with the Worley Group to Resolve Alleged Gender, Race, and Ethnicity-Based Pay Discrimination

Jul 19, 2021 10:04:46 AM - READ TIME 2 MINS

Worley Group will pay $500,000 in back pay and interest and $500,000 in salary adjustments

Leave a Comment