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Another Q&A with Brent From the Section 504 Rehabilitation Act, from the Final Rule
“Comments: The Department received several comments asking for clarification of the types of entities covered by section 504. Many mentioned specific entities and asked whether they are covered. Others requested that the Department provide a list of all covered entities.
Response: Most of these commenters were essentially asking for a more detailed explanation of what constitutes “Federal financial assistance,” the prerequisite to section 504 coverage, than what appeared in the proposed rule's definition. The Department's interpretation of Federal financial assistance and the types of entities covered by this rule can be found in the discussion of Federal financial assistance contained at § 84.10, the definitions section of the rule.”
From Brent: Here’s the definition of “Federal Financial Assistance” under § 84.10:
Federal financial assistance means any grant, cooperative agreement, loan, contract (other than a direct Federal procurement contract or a contract of insurance or guaranty), subgrant, contract under a grant or any other arrangement by which the Department provides or otherwise makes available assistance in the form of:
(1) Funds;
(2) Services of Federal personnel;
(3) Real and personal property or any interest in or use of such property, including:
(i) Transfers or leases of such property for less than fair market value or for reduced consideration; and
(ii) Proceeds from a subsequent transfer or lease of such property if the Federal share of its fair market value is not returned to the Federal Government; and
(4) Any other thing of value by way of grant, loan, contract, or cooperative agreement.
My understanding of Tricare is that it is federally funded. Thus, it would seem to meet the definition above.
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