ACA Whistleblower Protections

Summary

This practice note discusses the Patient Protection and Affordable Care Act (ACA) rules protecting whistleblowers. These provisions preclude employers, group health plans, and health insurance issuers from retaliating against individuals who engage in protected activity under the ACA. Protected activity includes reporting potential ACA violations or receiving tax credits or subsidies through government health care exchanges. 29 U.S.C. § 218c (codified under the Fair Labor Standards Act). This practice note provides an overview of the ACA whistleblower provisions and regulatory procedures. It also discusses steps that employers can take to reduce their risk of facing an ACA whistleblower claim.