On October 11, 2016, the Occupational Safety and Health Administration published a final rule that establishes procedures and time frames for handling whistleblower complaints under the Affordable Care Act (ACA); for hearings before US Department of Labor (DOL) administrative law judges in ACA retaliation cases; review of those decisions by the DOL Administrative Review Board; and judicial review of final decisions.
On October 11, 2016, the Occupational Safety and Health Administration (OSHA) published a final rule (Rule) that establishes procedures and time frames for handling whistleblower complaints under the Affordable Care Act (ACA); for hearings before US Department of Labor (DOL) administrative law judges in ACA retaliation cases; review of those decisions by the DOL Administrative Review Board; and judicial review of final decisions.
The ACA protects employees from retaliation for receiving Marketplace Exchange (Exchange) financial assistance when purchasing health insurance through an Exchange, or from getting their coverage through an employer. 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. In 2013, OSHA published an interim final rule and this Rule is substantially similar to the interim final rule.
Retaliation
Employees who believe they have been retaliated against in violation of Title I of the ACA may file a...
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