Whistleblower Complaint Procedures for Affordable Care Act Announced
U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA)
has published an interim
final rule that governs whistleblower complaints
filed under Section 1558 of the Affordable Care Act (ACA). Section 1558
of the ACA provides protection to employees against retaliation by an employer
for reporting alleged violations of Title I of the act or for receiving a tax
credit or cost-sharing reduction as a result of participating in a health
insurance exchange or marketplace.
I violations include a range of insurance company accountability policies such
as the prohibition of lifetime limits on coverage and exclusions due to
pre-existing conditions. If an employee reports a violation of one of these
policies or requirements, the act’s whistleblower provision prohibits employers
from retaliating against the employee. If an employee is retaliated against in
violation of the whistleblower provision, he or she may file a complaint with,
and ultimately receive relief from, OSHA or the courts.
ACA authorizes the secretary of labor to conduct investigations into complaints
and issue determinations, which are functions delegated to OSHA. OSHA’s interim
final rule establishes the procedures and time frames for the filing and
handling of such complaints, including investigations by OSHA, appeals of OSHA
determinations to an administrative law judge for a hearing, review of such
decisions by the Administrative Review Board and judicial review of the
secretary’s final decision.
A fact sheet about filing whistleblower
complaints under the Affordable Care Act is available on the labor department’s
website. For additional information on the Affordable Care Act, visit theLabor and HR Topical Resources page of the AGC website.
The primary category is “Other HR Issues” and the secondary category is “Health
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