The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has extended, for two more years, its scheduling moratorium for certain health care entities that provide supplies and services to participants in the Veterans Affairs Health Benefits Program (VAHBP). The new expiration date is May 7, 2023.
The two-year extension, which was announced in the form of an OFCCP Directive, complements OFCCP’s final rule issued earlier this year that exempts on a permanent basis certain TRICARE providers from OFCCP’s jurisdiction. During the scheduling moratorium period, the new Directive states that OFCCP will determine whether a national interest exemption (NIE) is warranted for VAHBP providers from the three laws that the agency enforces. If an NIE is ultimately granted, VAHBP providers will be exempt from OFCCP audits and written affirmative action plan (AAP) requirements unless and until the NIE is revoked.
Members of the Center for Workplace Compliance (CWC) can read more here.