Impacts all self-funded plans beginning April 2013
PPACA prohibits employers (including insurers) from retaliating against an employee for reporting possible violations of PPACA to his employer or to the government, providing testimony about the possible violation or refusing to violate the law. It also prohibits retaliating or taking an unfavorable employment action against an employee because he or she received a premium tax credit. Unfavorable employment actions include firing or laying off, denying benefits, reducing pay or hours, denying overtime or promotion and making threats.
The government has now issued procedures that will be followed if an employee believes he or she has been retaliated against. The employee must file a complaint within 180 days after the claimed retaliation occurred. Complaints will be filed with and investigated by the Occupational Safety and Health Administration. (OSHA handles most whistleblowing complaints made with the Department of Labor.) If the complaint is found to be valid, the employer could be required to reinstate the employee, pay back wages, restore benefits, etc.
The text of the interim final rule on PPACA whistleblowing and retaliation is here: http://www.dol.gov/find/20130222/OSHA2013.pdf
