Whistleblower Complaint Procedures for Affordable Care Act Announced

The 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. Title 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. The 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 the Labor and HR Topical Resources page of the AGC website. The primary category is “Other HR Issues” and the secondary category is “Health Care Reform.”