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The Wagner Law Group Description 

The Wagner Law Group, A Professional Corporation, is a nationally recognized ERISA & employee benefits, estate planning, employment, labor & human resources practice. 

 

Established in 1996, The Wagner Law Group has 22 attorneys engaged exclusively in employee benefits, estate planning and employment law. Five of our attorneys are AV rated by Martindale-Hubbell as having very high to preeminent legal abilities and ethical standards. The firm is among the largest ERISA boutiques in the country. Our practice is national in scope, with clients in more than 40 states and several foreign countries.

 

 

Contact Info

The Wagner Law Group

 

  Integrity | Excellence

  

Massachusetts Office 

Tel: (617) 357-5200 

Fax: (617) 357-5250 

99 Summer Street 

13th Floor

Boston, MA 02110


Florida Office 

Tel: (561) 293-3590
Fax: (561) 293-3591
7108 Fairway Drive
Suite 125
Palm Beach Gardens, FL 33418

   

San Francisco Office

Tel: (415) 625-0002

Fax: (415) 829-4385

315 Montgomery Street

Suite 902

San Francisco, CA 94104

 

www.wagnerlawgroup.com

 

 

April 18, 2013 

 State and Federal Law Alert

 

 

DOL Issues Guidance on Whistleblower Protections under PPACA

 

The DOL has released interim final regulations implementing the Patient Protection and Affordable Care Act's ("PPACA's") whistleblower protection provisions.  This guidance sets forth the procedures and timeframes for the filing and handling of employees' retaliation complaints.

 

PPACA prohibits employers from retaliating against employees for receiving subsidized health coverage under a health plan offered through an Exchange.  Employers are also prohibited from retaliating against employees who report violations of PPACA's provisions, including: (i) the prohibition of annual and lifetime dollar limits on coverage; (ii) the requirement that group health plans cover preventive services with no cost-sharing; and (iii) guaranteed issue protections ensuring coverage, regardless of pre-existing conditions.

 

An employee must file a complaint within 180 days of the date when he or she becomes aware of (or reasonably should have become aware of) the employer's retaliatory action.  The DOL will then review the employee's evidence and, at its discretion, conduct an investigation into whether the employer retaliated against the employee for engaging in an activity protected under PPACA.  The regulations allow the DOL to negotiate settlements or enter an order awarding damages and other remedies to employees. 

 

Given PPACA's complexity and the monetary incentives for employees to report employer violations, employers must familiarize themselves with the law's rules and requirements and maintain vigilance in ensuring their compliance.

 

This Newsletter is protected by copyright. Material appearing herein may be reproduced with appropriate credit.

  

Pursuant to Internal Revenue Service Circular 230, we hereby inform you that any advice set forth herein with respect to US federal tax issues is not intended or written by The Wagner Law Group to be used and cannot be used, by you or any taxpayer, for the purpose of avoiding penalties that may be imposed on you or any other person under the Internal Revenue Code.

 

This Newsletter is provided for information purposes by The Wagner Law Group to clients and others who may be interested in the subject matter, and may not be relied upon as specific legal advice.  This material is not to be construed as legal advice or legal opinions on specific facts. Under the Rules of the Supreme Judicial Court of Massachusetts, this material may be considered advertising.