The Occupational Safety and Health Administration (OSHA) has published a final rule that establishes procedures and time frames for handling whistleblower complaints under the Affordable Care Act (ACA). The ACA protects employees from retaliation for receiving Marketplace financial assistance when purchasing health insurance through an Exchange. It also protects employees from retaliation for raising concerns regarding conduct that they believe violates the consumer protections and health insurance reforms found in Title I of the ACA.
“This rule reinforces OSHA’s commitment to protect workers who raise concerns about potential violations of the consumer protections established by the Affordable Care Act or who purchase health insurance through an Exchange,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels.
OSHA’s Affordable Care Act fact sheet provides more information regarding who is covered under the ACA’s whistleblower protections, protected activity, types of retaliation, and the process for filing a complaint and is available here.
Notably, the ACA’s whistleblower protections also provide for a private right of action with de novo review in U.S. District Court to the complaining individual if the agency does not issue a final decision within certain time limits.