On February 26, the Department of Labor's Occupational Safety and Health Administration issued an interim final rule and requested comments on regulations providing procedures for employees to report claims of employer retaliation under the Affordable Care Act.
The regulations protect employees from employer retaliation for reporting alleged violations of Title I of the Act, or for receiving a health insurance tax credit or cost sharing reductions as a result of participating in a Health Insurance Exchange. Title I includes a range of insurance company accountability policies, such as the prohibition of lifetime limits on coverage and exclusions due to pre-existing conditions. The regulations allow an employee to file a complaint with OSHA within 180 days of any adverse employment action if the employee's protected activity was a contributing factor in the employer's decision to take the adverse action. Read OSHA Regs and OSHA Fact Sheet.