US Department of Labor Provides Relief for SNFs Furnishing Care to Veterans

On October 19, 2020, the U.S. Department of Labor (DOL) Office of Federal Contract Compliance Programs (OFCCP) issued Directive 2021-01 titled Extending the Scheduling Moratorium for Veterans Affairs Health Benefits Program (VAHBP) Providers. The purpose of the directive is to maintain access to health care for veterans by extending a moratorium on the enforcement of affirmative obligations required of VAHBP providers. The OFCCP defines VAHBP providers “as an umbrella term to encompass health care providers that contract with the U.S. Department of Veterans Affairs, including those in Veterans Affairs Community Care Networks, as well as Veterans Care Agreements created pursuant to 2018 VA MISSION Act.”  

In the sub regulatory policy announced in this directive, the OFCCP voiced concern that the current expiration of the VAHBP enforcement moratorium, in addition to the lack of a regulatory exemption for VAHBP providers, may cause health care providers to decide against contracting with the U.S. Department of Veterans Affairs, thereby reducing access to health care, including long term care, for protected veterans and their families. Therefore, in this policy, the OFCCP will exercise its prosecutorial discretion to extend the moratorium as it applies to VAHBP providers by two years, until May 7, 2023, which the OFCCP believes will provide sufficient time to consider whether a national interest exemption for VAHBP providers is warranted.

Furthermore, the OFCCP assures that while the moratorium serves as an exemption to enforcement of affirmative obligations and being neutrally scheduled for a compliance evaluation, it does not relieve VAHBP providers as to enforcement of nondiscrimination obligations or being subject to discrimination complaint investigations.