Affordable Care Act
(ACA) contains variousprovisions to make health insurance moreaordable and accountable to consumers. Tourther these goals, the
Affordable Care Act’s
section 1558 provides protection to employeesagainst retaliation by an employer or reportingalleged violations o Title I o the Act or or receivinga health insurance tax credit or cost sharingreductions as a result o participating in a HealthInsurance Exchange, or Marketplace.Title I includes a range o insurance companyaccountability requirements, such as theprohibition o lietime limits on coverage orexclusions due to pre-existing conditions. Title Ialso includes requirements or certain employers.Many o the provisions in Title I are not eectiveuntil 2014.
Covered Employers and Employees
The defnitions “employer” and “employee” underthis whistleblower provision are ound in the
Fair Labor Standards Act.
Thereore, this provisionprohibits retaliation by private and public sectoremployers.
An employer may not discharge or in any mannerretaliate against an employee because he or she:
o Title I o the ACA, or any act that he or shereasonably believed to be a violation o Title I o the ACA to:
the Federal Government, or
the attorney general o a state;
concerning a violation o Title I o the ACA, or isabout to do so; or
Filing Whistleblower Complaints underthe
Affordable Care Act
Employees are protected rom retaliation or reporting alleged violations o Title I othe
Affordable Care Act.
Employees are also protected rom retaliation or receiving aederal health insurance income tax credit or a cost sharing reduction when enrollingin a qualifed health plan.
activity that he or she reasonably believed to bein violation o Title I o the ACA.In addition, an employer may not discharge or inany manner retaliate against an employee becausehe or she received a credit under section 36B o theInternal Revenue Code o 1986 or a cost sharingreduction under section 1402 o the ACA.I an employer takes retaliatory action against anemployee because he or she engaged in any o these protected activities, the employee can fle acomplaint with OSHA.
Unavorable Employment Actions
An employer may be ound to have violated theACA i the employee’s protected activity was acontributing actor in the employer’s decision totake unavorable employment action against theemployee. Such actions may include:
Deadline or Filing Complaints
Complaints must be fled within 180 days ater analleged violation o the ACA occurs. An employee,or representative o an employee, who believes thathe or she has been retaliated against in violation o the ACA may fle a complaint with OSHA.