Filing Whistleblower Complaints under the Affordable Care Act

The Affordable Care Act (ACA) was created to make healthcare coverage a reality for everyone. If you feel like your employer is treating you unfairly for using this benefit, OSHA has provisions in place to assist.

Section 1558 of Title I of the ACA includes a host of consumer protections from health insurance companies, but it also covers retaliations by employers. It’s important to stand up for your rights if you suspect you’re being punished for reporting violations of any of Title 1 reforms or for receiving a premium tax credit or a cost sharing benefit for enrolling in a qualified health plan.

Many people assume firing is the only substantial form of retaliation but that’s not the case. Employer vengeance can be found in any number of ways, including reducing your pay or hours, demotions, blacklisting, unjust disciplinary action, intimidation tactics, denying overtime or promotions, reassignments that negatively impact promotion prospects, failure to hire or rehire, and making threats.

How to File an ACA Whistleblower Complaint with OSHA

Don’t allow your employer — or former employer — to get away with unjust behavior regarding your rights under the ACA. Contact OSHA for assistance in fighting back by using any of these three methods.

  • Call or visit your local OSHA office to speak with a representative. If you’re not sure how to find your local branch, call 1-800-321-OSHA.
  • Send a written complaint to your closest OSHA office. Click here to find the address online or call 1-800-OSHA.
  • File your complaint electronically by clicking here.

Complaints must be filed within 180 days of the purported retaliation, so don’t delay the process too long. OSHA will conduct an investigation and if your claim is determined to have merit, your employer will be required to provide you with an appropriate form of retribution.

Generally speaking, OSHA does not have authority in Medicare and Medicaid fraud cases or accusations of patient abuse, so you’ll need to take a different avenue if your compliant falls into either of these categories. Medicare and Medicaid fraud issues can be directed to the Department of Health and Human Services’ Office of the Inspector General and patient abuse matters are handled by your State Survey Agency.

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