Retaliation Claims Possible Under Health Care Reform

One of the many changes brought about by the Affordable Care Act is the ability of employees to file retaliation claims for reporting alleged violations of the Act by their employers. For example, the alleged violation could be the employer’s health care plan not meeting the Act’s requirements by excluding preexisting coverage or setting limits on coverage. Also, employers cannot retaliate against an employee for receiving a health insurance tax credit or cost-sharing reduction by participating in a health insurance exchange or marketplace.

While most of the Act requirements do not kick in until 2014, the Department of Labor recently published a fact sheet explaining the process filing of whistleblower complaints under the Affordable Care Act. The fact sheet explains what is considered protected activity, unfavorable action, the deadline for filing a complaint, and how to file a complaint. The task of taking and investigating these complaints falls to the Occupational Safety and Health Administration (OSHA).