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OSHA Rulemaking on Affordable Care Act Whistleblower Procedures

Posted in on Fri, Mar 1, 2013

OSHA has published interim final and seeks comments on regulations governing employee protection (whistleblower) provisions of the Affordable Care Act, giving 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 includes procedures and time frames for employee complaints to the Occupational Safety and Health Administration (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.  The interim final rule became effective February 27, 2013.  Comments are due April 29, 2013.

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