How Employers Should Prepare For ACA Whistleblower Claims

Law360, New York (March 14, 2014, 2:54 PM EDT) -- Employers know that the Affordable Care Act implements employer mandated health insurance coverage and imposes certain minimum standards under Title I of the ACA in connection with health care coverage generally. What they may not realize is that the ACA also contains robust protections for whistleblowers in connection with these changes. To date, enforcement activities have been minimal. However, now that Title I standards have largely gone into effect, and the employer mandate will roll out in 2015, ACA whistleblower claims could become a real risk for employers. Moreover, that risk is significant because of the broad range of protected activity, the low burden of proof and the potential for serious liability....

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