OSHA Sets Rule for Affordable Care Act Whistleblower Complaints

The Washington, D.C.-based 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 rule 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 they believe violates the consumer protections and health-insurance reforms found in Title I of the ACA.

The rule also establishes procedures and time frames for hearings before Department of Labor administrative law judges in ACA retaliation cases, review of those decisions by the Department of Labor Administrative Review Board and judicial review of final decisions.

“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,” says Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels.

In 2013, OSHA published an interim final rule and requested public comments. The final rule responds to the comments and updates the rule to clarify the protections for workers who receive financial assistance when they purchase health insurance through an Exchange.

OSHA’s Affordable Care Act fact sheet provides more information regarding who is covered under the ACA’s whistleblower complaints protection, protected activity, types of retaliation and the process for filing a complaint. The fact sheet is available at Whistleblowers.gov/factsheets_page.html.