CHA News Article

Moratorium Extended on Affirmative Action Obligation for TRICARE Subcontractors
Extension effective until May 7, 2021

The Office of Federal Contract Compliance Programs (OFCCP) has extended the moratorium on enforcing the affirmative obligations required of TRICARE subcontractors through May 7, 2021. 

In 2014, OFCCP ordered a five–year suspension of affirmative obligations — a requirement to take affirmative steps to ensure equal employment opportunity in employment processes — for TRICARE subcontractors. OFCCP committed to using the five-year period to provide guidance on policy and procedures, as affiliated entities and the Department of Labor had conflicting interpretations of the law. The moratorium was set to expire on May 7, 2019.

OFCCP will use the extended moratorium time frame to collect additional stakeholder feedback, as well as to plan for legislative changes that could be enacted by Congress in the near future.

The moratorium does not apply to health care providers holding separate, independent, non-health care-related federal contracts or subcontracts. In addition, the moratorium does not affect Medicaid and Medicare providers, which are not considered contractors or subcontractors subject to OFCCP’s jurisdiction.