Employment, Benefits & Labor

The U.S. Department of Labor's Occupational Safety and Health Administration ("OSHA") published an interim final rule on February 27, 2013 in the Federal Register governing whistleblower complaints under the Affordable Care Act. Section 1558 of the Act prohibits employers from retaliating against employees who report alleged violations of insurance company accountability policies or participate in a proceeding concerning a violation. It also protects workers from retaliation for receiving a tax credit or cost-sharing reduction due to participation in a Health Insurance Exchange or Marketplace.

The interim final rule establishes procedures and time frames for filing complaints, OSHA investigations and determinations, appeals, and Administrative Review Board and judicial review of the final decision. Comments will be accepted until April 29, 2013.

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