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    Home » Court ruling: TRICARE not like Medicare

    Court ruling: TRICARE not like Medicare

    February 1, 2011
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    Court ruling: TRICARE not like Medicare

    The defendant hospital in OFCCP v. Florida Hospital of Orlando, DOL OALJ, No. 2009-OFC-00002, argued that rather than being a contract with the federal government, TRICARE was merely another form of "federal financial assistance," just like Medicare.

    If Medicare doesn't trigger affirmative action obligations, the hospital said, why should TRICARE?

    The court didn't buy it.

    "The Plaintiff does not disagree with the Defendant that OFCCP lacks jurisdiction over businesses if their only relationship with the federal government is as a recipient of federal financial assistance, be it from Medicare or other federal programs," Administrative Law Judge Jeffrey Tureck, JD, wrote in his ruling. "Thus, if Defendant's only receipt of federal funds was through Medicare or other federal financial assistance programs, Plaintiff does not contend that the statutes would be applicable to the Defendant. However, this case does not concern a program of federal financial assistance."

    Tureck went on to say that the hospital's "argument that TRICARE and Medicare are 'essentially indistinguishable' is simply wrong. As OFCCP contends, Medicare is an insurance program. Medicare does not provide medical services to its beneficiaries — it simply pays for such services. On the other hand: TRICARE is the uniformed services health care program for active duty service members and their families. TRICARE's primary objectives are to optimize the delivery of health care services in the direct care system for all Military Health System (MHS) beneficiaries and attain the highest level of patient satisfaction through the delivery of world-class health care benefits.

    "That Medicare may be considered federal financial assistance has no relevance to TRICARE. They are totally different programs."

    For the full ruling by the court, go to http://www.polsinelli.com/publications/labor/resources/Florida_Hospital_of_Orlando.pdf.

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    Healthcare Risk Management

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    Healthcare Risk Management 2011-02-01
    February 1, 2011

    Table Of Contents

    TRICARE contracts can bring affirmative action requirements

    Affirmative action includes impact analyses

    Surprise! You might be a federal contractor

    Court ruling: TRICARE not like Medicare

    Volunteers a great asset until they cost you

    Compliance officer hat could take you far

    Mediation effective, but many skeptical

    More than $9 billion recovered from fraud

    Hospital CEO guilty of six felony counts

    Tort reform doesn't alleviate doctors' fear

    Legal Review & Commentary: Alleged Failure to Perform Adequate Follow-Up Care and Investigate Cause of Pain Leads to $500,000 Settlement

    Legal Review & Commentary: Nursing Home Resident Dies After Fall; $900K Verdict

    HIPAA Regulatory Alert: Importance of security risk assessments rise with advent of electronic health records

    HRA: Patient data protection not a top priority

    Pay attention to content of phone messages

    HRA: Meaningful use incentive program dates

    Begin Test
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