The Affordable Care Act (ACA) presents many new compliance challenges that range from ensuring plan designs incorporate the required benefits to notifying employee’s about the public Exchange.

Whistleblower Protections

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The Affordable Care Act (ACA) includes retaliation protections for whistleblower employees.  Employers are prohibited from discharging or discriminating against an employee with respect to compensation, terms, conditions or other privileges of employment because the employee:

  • Received a premium tax credit or cost-sharing reduction
  • Provided information to the employer or federal and state attorney general relating to a potential violation of the ACA
  • Testified in or participated in a proceeding about a violation of the ACA
  • Objected or refused to perform any activity believed to be a violation of the ACA

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) is responsible for investigating and enforcing whistleblower complaints made under the ACA.  A Fact Sheet with additional information is available from OSHA at: