Several agencies besides HHS have recently issued regulations on ACA various provisions, including the following:

  • The Occupational Safety and Health Administration (OSHA) has published an interim final rule with comment period that protects employees against retaliation by an employer for reporting alleged violations of various insurance provisions under Title I of the Act or for receiving a tax credit or cost-sharing reduction as a result of participating in an Exchange. The interim final rule is effective February 27, 2013; comments will be accepted through April 29, 2013. OSHA also has released a fact sheet about filing whistleblower complaints under the Affordable Care Act.
  • The Internal Revenue Service published proposed regulations on March 4, 2013 implementing the ACA’s annual fee on covered entities engaged in the business of providing health insurance. The IRS estimates that the aggregate fee amount for all covered entities will be $8 billion for calendar year 2014, increasing thereafter. A public hearing on the proposal is scheduled for June 21, 2013.
  • The Office of Personnel Management (OPM) published a final rule on March 11 setting forth requirements for multistate insurance plans that will be offered on state health insurance exchanges beginning in January 2014. Under the ACA, health insurance issuers will offer at least two multi-State plans (MSPs) on each of the Exchanges through contracts with OPM.