Affordable Care Act Whistleblower Rules Issued by OSHA By Tod Aronovitz | 03/05/13 | 0 Comment

Whistleblower protections under the Affordable Care Act are outlined in interim final rules issued by the Occupational Safety and Health Administration (“OSHA”) last week.

Employees of health insurance companies (like Blue Cross and Blue Shield of Florida, AvMed, Aetna, or Humana) are protected from retaliation by their employer under the new whistleblower laws.

OSHA wants to make sure that employees who see violations of the Affordable Care Act’s consumer protections are able to step forward and alert the government without fear for their employment. Of particular concern are violations involving:

  • Denial of health benefits due to pre-existing conditions
  • Access to health insurance premium tax credits for those in need of affordability assistance

OSHA explains that employers may have a reason to retaliate against employees under the rule because of a conflict between potential tax penalties imposed on the employer and tax credits available to employees of large employers who do not offer health plans considered to be “affordable” under the law.

The whistleblower protections provided under the Affordable Care Act will expand in 2014 to apply to an employee’s compensation, terms, conditions or other privileges of employment by health insurance issuers offering group or individual health insurance coverage regardless of whether those issuers are the employer of the person retaliated against.

Click on the link to read the full details on the new Affordable Care Act whistleblower rules.

Comments on the rules may be submitted to OSHA no later than April 29, 2013.

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The Miami, Florida law firm of ARONOVITZ LAW routinely works with Florida whistleblowers to document fraud against the government. Click on the link to read more about our Miami Whistleblower / Qui Tam law firm services.

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