PPACA: Employee Protections and Duties Under the Act

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The Patient Protection and Affordable Care Act provides protection to employees who report employer violations of the Act. It offers whistleblower-like protections to employees by prohibiting employers from discharging or discriminating against an employee (1) who receives a federal health care tax credit or subsidy under the Act or (2) who complains to the employer, federal government or state attorney general that the employer is violating, or the employee believes the employer is violating Title I of the Act. Likewise, an employee who assists, participates or testifies in an investigation about a possible violation is protected from retaliation and discrimination. Title I covers many topics, such as denial of coverage based on preexisting conditions and therefore a broad range of disclosures are protected. Kathleen A. McGinley of Ober|Kaler explains.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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