The Wagner Law Group Description
Wagner Law Group, A Professional Corporation, is a nationally
recognized ERISA & employee benefits, estate planning,
employment, labor & human resources practice.
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.
Wagner Law Group
Fax: (561) 293-3591
7108 Fairway Drive
Palm Beach Gardens, FL 33418
Francisco, CA 94104
April 18, 2013
State and Federal Law
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.
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hereby inform you that any advice set forth herein with respect to US
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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
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