Question: What's the status of federal affirmative action obligations for healthcare providers?
Answer: While OFCCP 's ultimate intentions remain unclear, many healthcare providers still have affirmative action obligations. Employers with 50 employees and $50,000 or more in federal government contracts or subcontracts must have an annual written affirmative action plan (AAP), which is subject to audit by the Office of Federal Contract Compliance Programs (OFCCP). In 2010, the OFCCP issued Directive 293 detailing its expansive view of healthcare provider obligations, including those with federal healthcare programs TRICARE, Medicare Parts C and D, and the Federal Employees Health Benefits Program (FEHBP).
A year later, Section 715 of the National Defense Authorization Act of 2012, exempted TRICARE providers as covered federal contractors or subcontractors. Unless undone, the amendment forecloses that avenue for the OFCCP. In response, the OFCCP in April 2012 issued Directive 301 rescinding Directive 293 in favor of case-by-case coverage determinations, and suspended all audits where coverage was based only on TRICARE contracts.
However, TRICARE contracts are the only avenue currently foreclosed. Directive 301 did not foreclose any other potential avenues. Therefore, healthcare providers remain generally subject to affirmative action obligations if they have other covered federal contracts or subcontracts (such as with the Veterans Administration), or those related to FEHBP and potentially Medicare Parts C and D.
Accordingly, healthcare providers must continue to assess their federal contracts and subcontracts to determine affirmative action obligations.
Affirmative Action Planning 101
Date: October 30, 2012
8:30 a.m. to 5:00 p.m.
Location: Holland & Hart
555 17th Street, Ste. 3200
Denver, CO 80202
Cost to attend: This event is complimentary.
Credits: CLE and HRCI credits pending.
Who should attend?
HR professionals, counsel, compliance officers, and managers responsible for EEO compliance.
Join Holland & Hart's Affirmative Action Planning and OFCCP Compliance team for a one-day workshop covering the current state of affirmative action from A to Z.
In addition to covering the status of proposed Veterans and Disabled regulations, we'll cover the nuts and bolts of compliant AAP development, and provide you the framework for understanding and addressing OFCCP compliance issues:
- Affirmative Action Laws, Regulations and History
- Determining Affirmative Action Obligations
- What is Affirmative Action?
- AAP Design and Development
- The "Internet Applicant Rule," Record Keeping and Retention
- Postings and Notices
- OFCCP Compliance Audits
- EEO-1 and VETS-100 Reporting
Click here to register.
Affirmative Action for Recruiters
Date: December 4, 2012
8:00 a.m. to noon
Location: Holland & Hart
555 17th Street, Ste. 3200
Denver, CO 80202
Cost to attend: This event is complimentary.
Credits: HRCI credits pending.
This course is designed to help recruiters understand the integral role they play in fulfilling and complying with Affirmative Action obligations.
This half-day class will cover:
- An Overview of Affirmative Action
- Affirmative Action Recruiting and Good Faith Efforts
- Postings and Invitations to Self-identify
- Applicant Tracking, Disposition Codes and the Internet Applicant Rule
- Internal and External Databases, Data Management Techniques
- Record-keeping
- Use of Recruiting Agencies
Click here to register.