OSHA issues final rule on ACA whistle-blower complaints

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The Occupational Safety and Health Administration published a final rule this week that includes procedures for handling whistle-blower complaints under the ACA.

The ACA protects employees from retaliation for receiving a premium tax credit or a cost-sharing reduction when purchasing health insurance through the exchange. It also protects employees from retaliation for reporting violations of the various reforms found in Title I of the ACA.

OSHA's final rule establishes procedures for hearings before Department of Labor administrative law judges in ACA retaliation cases. The rule also includes time frames for the hearings, 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," said David Michaels, PhD, assistant secretary of labor for occupational safety and health.

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