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BenefitsLink Health & Welfare Plans Newsletter

Supplement to
February 22, 2013
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Supplement to February 22, 2013


[Official Guidance]

Text of DOL Interim Final Regs on Procedures for Handling of Retaliation Complaints Under ACA
"This document provides the interim final regulations governing the employee protection (whistleblower) provision of [the ACA], which ... provide[s] protections to employees of health insurance issuers or other employers who may have been subject to retaliation for reporting potential violations of the law's consumer protections (e.g., the prohibition on denials of insurance due to pre-existing conditions) or affordability assistance provisions (e.g., access to health insurance premium tax credits). This interim rule establishes procedures and time frames for the handling of retaliation complaints ... including procedures and time frames for employee complaints to [OSHA], investigations by OSHA, appeals of OSHA determinations to an administrative law judge (ALJ) for a hearing de novo, hearings by ALJs, review of ALJ decisions by the Administrative Review Board (ARB) (acting on behalf of the Secretary of Labor), and judicial review of the Secretary's final decision." (U.S. Department of Labor, Occupational Safety and Health Administration)

[Guidance Overview]

OSHA Fact Sheet: Filing Whistleblower Complaints Under the ACA (PDF)
"Employees are protected from retaliation for reporting alleged violations of Title I of the Affordable Care Act. Employees are also protected from retaliation for receiving a federal health insurance income tax credit or a cost sharing reduction when enrolling in a qualified health plan." [Ed. note: Fact Sheet includes definitions of "Covered Employees and Employers", "Protected Activity", and "Unfavorable Employment Actions" as well as a description of the procedures and deadlines for filing a complaint.] (U.S. Department of Labor, Occupational Safety and Health Administration)

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