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Articles by Jon Breyfogle
DOL Unveils Comprehensive Safe Harbor For Alternative Investments
GL Groom Law Group More Groom Law is the nation’s preeminent benefits, retirement, and health care law firm. We built our success over decades of solving complex ERISA/employee benefits challenges in the public and private sectors, providing innovative legal solutions, value, and true partnership to our clients every step of the way.
DOL Issues Proposal Outlining New Views on Investment Prudence and Providing Examples Highlighting New Asset Classes
The Department of Labor (“DOL”) released a highly anticipated proposed rule establishing a process-based safe harbor for fiduciaries selecting designated investment alternatives in participant-directed 401(k) plans. This proposed rule follows Executive Order 14330 issued August 7, 2025, and marks a pivot toward asset-neutrality.
DOL Issues Proposal Outlining New Views On Investment Prudence And Providing Examples Highlighting New Asset Classes
GL Groom Law Group More Groom Law is the nation’s preeminent benefits, retirement, and health care law firm. We built our success over decades of solving complex ERISA/employee benefits challenges in the public and private sectors, providing innovative legal solutions, value, and true partnership to our clients every step of the way.
DOL Proposes To Rescind Annuity Selection Safe Harbor, Insurance Company General Account Transition Policy Relief, And Other "Obsolete" Guidance
Today, the U.S. Department of Labor ("DOL") published a set of three direct final rules ("DFRs") in the Federal Register. DOL indicates that the DFRs are intended to be deregulatory in nature and are being undertaken pursuant to President Trump's Executive Order 14192, titled "Unleashing Prosperity Through Deregulation." Each DFR removes a regulation or interpretive bulletin that DOL has identified as unnecessary or obsolete.
Modernization Of DC Plan Investments
There is a growing interest from the retirement industry and policymakers to modernize 401(k) and other defined contribution ("DC") plan investments by incorporating alternative asset classes and lifetime income features.
Modernization of DC Plan Investments | JD Supra
There is a growing interest from the retirement industry and policymakers to modernize 401(k) and other defined contribution (“DC”) plan investments by incorporating alternative asset classes and lifetime income features.
Departments Pause Enforcement Of MHPAEA Final Rule And Reconsider MHPAEA Enforcement Program
GG Groom Law Group More Groom Law is the nation’s preeminent benefits, retirement, and health care law firm. We built our success over decades of solving complex ERISA/employee benefits challenges in the public and private sectors, providing innovative legal solutions, value, and true partnership to our clients every step of the way. In a widely anticipated and welcome move, the Departments of Health and Human Services ("HHS"), the Treasury, and Labor ("DOL") (collectively, the "Departments")...
Departments Pause Enforcement of MHPAEA Final Rule and Reconsider MHPAEA Enforcement Program | JD Supra
In a widely anticipated and welcome move, the Departments of Health and Human Services (“HHS”), the Treasury, and Labor (“DOL”) (collectively, the “Departments”), sought an abeyance of a lawsuit challenging the Mental Health Parity and Addiction Equity Act (“MHPAEA”) Final Rule (the “Final Rule”). An abeyance is a typical practice for a new administration to use where it is in the position of having to defend a prior administration’s rule in litigation.
The Trump Administration Explores Deregulation Of Medicare
GG Groom Law Group More Groom Law is the nation’s preeminent benefits, retirement, and health care law firm. We built our success over decades of solving complex ERISA/employee benefits challenges in the public and private sectors, providing innovative legal solutions, value, and true partnership to our clients every step of the way. On April 11, 2025, the Centers for Medicare & Medicaid Services ("CMS") published a Request for Information ("RFI") requesting the public provide feedback...
The Trump Administration Explores Deregulation of Medicare | JD Supra
On April 11, 2025, the Centers for Medicare & Medicaid Services (“CMS”) published a Request for Information (“RFI”) requesting the public provide feedback on how to streamline regulations and reduce administrative burdens on Medicare program stakeholders. The RFI comes on the heels of multiple executive orders released by President Trump calling for the elimination of administrative waste and the promotion of agency efficiency. Comments are due by June 10, 2025.
Mental Health Parity: Departments Up The Ante In New MHPAEA Final Rules
GG Groom Law Group More Groom Law is the nation’s preeminent benefits, retirement, and health care law firm. We built our success over decades of solving complex ERISA/employee benefits challenges in the public and private sectors, providing innovative legal solutions, value, and true partnership to our clients every step of the way.
Circuit Courts Extend Non-Discrimination Protections for Transgender Individuals | JD Supra
On May 13, 2024, the Eleventh Circuit Court of Appeals held that certain federal non-discrimination protections apply to transgender individuals in the group health plan (insured and self-insured) context. In particular, the decision creates a significant new pathway for plan participants to challenge a plan’s limitations on coverage for gender-affirming care. This decision follows a similar April 29, 2024 decision in the Fourth Circuit.
Circuit Courts Extend Non-Discrimination Protections For Transgender Individuals
On May 13, 2024, the Eleventh Circuit Court of Appeals held that certain federal non-discrimination protections apply to transgender individuals in the group health plan (insured and self-insured) context. In particular, the decision creates a significant new pathway for plan participants to challenge a plan's limitations on coverage for gender-affirming care. This decision follows a similar April 29, 2024 decision in the Fourth Circuit.
ERISA Group Health Plans - The New Target In Fee Cases
Earlier this year, a Johnson & Johnson ("J&J") employee brought a class action complaint (the "Complaint") against J&J alleging fiduciary breaches under ERISA related to the prescription drug coverage under J&J's self-funded group health plan (the "Plan"). See Lewandowski v. Johnson and Johnson et al, U.S. District Court, District of New Jersey, Case No. 3:24-CV-00671.
ERISA Group Health Plans – The New Target in Fee Cases | JD Supra
Earlier this year, a Johnson & Johnson (“J&J”) employee brought a class action complaint (the “Complaint”) against J&J alleging fiduciary breaches under ERISA related to the prescription drug coverage under J&J’s self-funded group health plan (the “Plan”). See Lewandowski v. Johnson and Johnson et al, U.S. District Court, District of New Jersey, Case No. 3:24-CV-00671.
DOL Finalizes PTE 2020-02 Amendments
On April 25, 2024, the U.S. Department of Labor ("DOL") published its much-anticipated final regulation on the definition of "fiduciary" under section 3(21)(a)(ii) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA").
DOL Finalizes PTE 84-24 Amendments | JD Supra
On April 25, 2024, the U.S. Department of Labor (“DOL”) published its much-anticipated final regulation on the definition of “fiduciary” under section 3(21)(a)(ii) of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”).
DOL Amends Fiduciary Advice Definition Regulation | JD Supra
On April 23, 2024, the U.S. Department of Labor (“DOL” or “Department”) issued a final regulatory package amending its fiduciary investment advice regulation and revising numerous existing prohibited transaction exemptions used by investment advice fiduciaries.
DOL Finalizes PTE 2020-02 Amendments | JD Supra
On April 25, 2024, the U.S. Department of Labor (“DOL”) published its much-anticipated final regulation on the definition of “fiduciary” under section 3(21)(a)(ii) of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”).
DOL Final Fiduciary Rule Released
On April 23, 2024, the Department of Labor ("DOL") released its new fiduciary investment advice definition in a package titled the "Retirement Security Rule" (the "2024 Package"). The 2024 Package is made up of four different components and represents a continuation of DOL's efforts to expand the types of interactions between retirement savers and financial professionals that are subject to ERISA's rules.
BREAKING: DOL Sends New Fiduciary Rule to OMB | JD Supra
The Department of Labor (“DOL”) has sent a new, proposed fiduciary rule to the Office and Management and Budget (“OMB”) for review. The text of the proposal is not yet public. OMB must first conduct an interagency review process. The proposal will then be returned to DOL and published in the Federal Register. The entire process can be completed in a matter of weeks, but it typically takes a number of months.
Breaking: DOL Sends New Fiduciary Rule To OMB
The Department of Labor ("DOL") has sent a new, proposed fiduciary rule to the Office and Management and Budget ("OMB") for review. The text of the proposal is not yet public. OMB must first conduct an interagency review process. The proposal will then be returned to DOL and published in the Federal Register. The entire process can be completed in a matter of weeks, but it typically takes a number of months.
ERISA Preemption
On August 15, 2023, the Tenth Circuit issued its much-anticipated decision in PCMA v. Mulready, rejecting Oklahoma's position that its pharmacy network requirements were not preempted by ERISA.1 See our prior alert here.
ERISA Preemption Reaffirmed: Tenth Circuit Limits State PBM Regulation | JD Supra
On August 15, 2023, the Tenth Circuit issued its much-anticipated decision in PCMA v. Mulready, rejecting Oklahoma’s position that its pharmacy network requirements were not preempted by ERISA.[1] See our prior alert here.
Parity Or Bust: Tri-Agencies Propose Sweeping Changes To Mental Health Parity Requirements - - United States
On July 25, 2023, the Departments of Health and Human Services, Labor and Treasury ("Tri-Agencies") issued sweeping new guidance on the Mental Health Parity and Addiction Equity Act ("MHPAEA"), including a Proposed Rule, a technical release proposing data requirements and an enforcement safe harbor, and the 2023 MHPAEA Comparative Analysis Report to Congress ("2023 Report to Congress"). Comments on the Proposed Rule and technical release are due October 2.
Parity or Bust: Tri-Agencies Propose Sweeping Changes to Mental Health Parity Requirements | JD Supra
On July 25, 2023, the Departments of Health and Human Services, Labor and Treasury (“Tri-Agencies”) issued sweeping new guidance on the Mental Health Parity and Addiction Equity Act (“MHPAEA”), including a Proposed Rule, a technical release proposing data requirements and an enforcement safe harbor, and the 2023 MHPAEA Comparative Analysis Report to Congress (“2023 Report to Congress”). Comments on the Proposed Rule and technical release are due October 2.
States Continue Expansion of PBM Regulation | JD Supra
State legislatures over the past five years have focused heavily on the role of pharmacy benefit managers (“PBMs”) in the context of health care benefits. While initial efforts were focused largely on PBM services offered to health insurers and Medicaid, these efforts have more recently had material impacts on self-insured group health plans.
Biden Administration Proposal Restores, Updates Obama-Era Affordable Care Act Section 1557 Rules | JD Supra
On August 4, 2022, the Biden Administration published its long-anticipated proposed rulemaking on Affordable Care Act (“ACA”) Section 1557’s nondiscrimination in health programs and activities requirements (“Proposed Rule”).
Three Key Strategies for Defending MHPAEA Claims: Preparing for the Lawsuit Before It Is Filed | JD Supra
September 20, 2022 Jon Breyfogle, Lisa Campbell, Mark Nielsen, Paul Rinefierd, Ryan Temme, Kara Petteway Wheatley Groom Law Group, Chartered + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: The Paul Wellstone and Peter Domenici Mental Health Parity and Addiction Equity Act of 2008 (“MHPAEA”)[1] has increasingly been the focus of government enforcement activity and private plaintiff litigation.
Data Marketing Poses Significant Implications for Health Plans Regulation | JD Supra
Data Marketing Partnership, LLP (“Data Marketing”) offers a health insurance plan to individuals that download an app that tracks phone usage. The company treats such persons as “partners” in their business. The result is that thousands of unrelated individuals may participate in the Data Marketing group health plan, which Data Marketing asserts is a single-employer group health plan under ERISA.
Benefits-Related Provisions of the Inflation Reduction Act of 2022 | JD Supra
On August 16, President Biden signed into law the Inflation Reduction Act of 2022 (P.L. 117-169; the “Act”). Although the Act differs considerably from the wide-ranging domestic economic package Democrats had initially envisioned under the Build Back Better moniker, the Act nevertheless includes a number of significant initiatives addressing the climate, healthcare, and tax issues.
[Webinar] State Abortion Restrictions and the Impact on Employers, Insurers, and Self-Insured Plans - June 16th, 2:00 pm - 3:00 pm EST | JD Supra
June 16th, 2022 2:00 PM - 3:00 PM EST On June 16, 2022 Groom will be hosting a webinar on the impact of state abortion restrictions on employers, insurers, and self-insured plans. Over the past year, numerous states have enacted new abortion restrictions, and we expect the Supreme Court to issue its highly anticipated decision in Dobbs v. Jackson Women’s Health Organization this month. This decision would result in immediately-effective restrictions in even more states.
A Surprise Turn of Events for the No Surprises Act Dispute Resolution Process | JD Supra
The ongoing implementation of the No Surprises Act’s (“NSA”) prohibition on surprise balance billing, and the related independent dispute resolution (“IDR”) process between payers and providers became much less certain after a ruling by a federal district court in the Eastern District of Texas on February 23, 2022.
Tolling of Plan Deadlines Extended Again Due to COVID-19
On Feb. 18, President Joe Biden again formally extended the COVID-19 National Emergency, which was set to expire on March 1, 2022. This most recent extension means that the deadlines listed below continue to be tolled for one year (or, if earlier, 60 days from the end of the National Emergency). Each National Emergency declaration generally lasts for one year unless the President announces an earlier termination.
Tolling of Important Health and Welfare and Retirement Plan Deadlines Extended Again Due To COVID-19 | JD Supra
On February 18, 2022, President Biden again formally extended the COVID-19 National Emergency, which was set to expire on March 1, 2022. As explained in detail in our previous alerts1, this most recent extension means that the deadlines listed below continue to be tolled for one year (or, if earlier, 60 days from the end of the National Emergency). Each National Emergency declaration generally lasts for one year unless the President announces an earlier termination.
Update! Departments Issue More Guidance Addressing Coverage of Over-the-Counter COVID-19 Tests | JD Supra
On December 2, 2021, President Biden announced new actions to combat COVID-19, given the emergence of the new Omicron variant. As part of his nine-point plan, the President included a directive that “the more than 150 million Americans with private insurance . . .
Update! Departments Issue More Guidance Addressing Coverage Of Over-the-Counter COVID-19 Tests
To print this article, all you need is to be registered or login on Mondaq.com. On December 2, 2021, President Biden announced new actions to combat COVID-19, given the emergence of the new Omicron variant. As part of his nine-point plan, the President included a directive that "the more than 150 million Americans with private insurance . . .
Illinois Employers: Are You Complying With The Consumer Coverage Disclosure Act?
United States: Illinois Employers: Are You Complying With The Consumer Coverage Disclosure Act? 07 February 2022 by Katie Bjornstad Amin , Jon Breyfogle , Lisa Campbell , Christine Keller and Matthew Lanahan Groom Law Group To print this article, all you need is to be registered or login on Mondaq.com.
Illinois Employers: Are You Complying With the Consumer Coverage Disclosure Act? | JD Supra
Illinois recently enacted the Consumer Coverage Disclosure Act (the “CCDA”), which requires that Illinois employers provide a disclosure to employees regarding how the employer’s group health plan compares with the essential health benefits under the Illinois benchmark plan. Although the CCDA went into effect on August 27, 2021, many employers are unfamiliar with the requirements. Employers with self-insured plans that have focused on the law have questioned whether the CCDA is preempted by ERISA.
Departments Issue Guidance Addressing Coverage of Over-the-Counter COVID-19 Tests | JD Supra
On December 2, 2021, President Biden announced new actions to combat COVID-19, given the emergence of the new Omicron variant. As part of his nine-point plan, the President included a directive that “the more than 150 million Americans with private insurance . . .
OSHA Shot or Test Rule: Keeping It All Straight | JD Supra
Ever since the Occupational Safety and Health Administration (“OSHA”) published its Emergency Temporary Standard (“ETS”) regarding the COVID-19 vaccine or test requirement, there has been a flurry of litigation, culminating with last week’s oral arguments at the Supreme Court. Below we break down the current status of the ETS and what employers should be doing now to comply.
OSHA Shot Or Test Rule: Keeping It All Straight
United States: OSHA Shot Or Test Rule: Keeping It All Straight 14 January 2022 by Katie Bjornstad Amin , Jon Breyfogle , Lisa Campbell , Matthew Lanahan and Seth Perretta Groom Law Group To print this article, all you need is to be registered or login on Mondaq.com.
DOL Releases Field Assistance Bulletin On Disclosure Requirements for Brokerage and Consulting Service Providers Under ERISA 408(b)(2) | JD Supra
Background On December 30, 2021, the Department of Labor (“DOL”) released Field Assistance Bulletin No. 2021-03 (“FAB 2021-03”). FAB 2021-03 announces the DOL’s temporary enforcement policy for group health plan service provider disclosures under ERISA section 408(b)(2)(B), the statutory prohibited transaction exemption added by the Consolidated Appropriations Act, 2021, Public Law 116-260 (“CAA”) related to brokerage and consulting services provided to group health plans.
DOL Issues Supplemental Guidance On DC Plan Private Equity Investments
United States: DOL Issues Supplemental Guidance On DC Plan Private Equity Investments 29 December 2021 by Jon Breyfogle , Michael Kreps , David Levine , Scott Mayland and Kevin Walsh Groom Law Group To print this article, all you need is to be registered or login on Mondaq.com. On December 21, 2021, the Department of Labor ("DOL") issued a statement concerning the investment in private equity by ERISA-covered defined contribution plans (the "Statement," available here).
DOL Issues Supplemental Guidance on DC Plan Private Equity Investments | JD Supra
On December 21, 2021, the Department of Labor (“DOL”) issued a statement concerning the investment in private equity by ERISA-covered defined contribution plans (the “Statement,” available here). The Statement is intended to supplement the June 3, 2020 Information Letter (“Information Letter,” summary available here) that discussed including private equity as a component of a plan’s asset allocation fund(s) (e.g., a target date fund). The Statement does not amend or rescind the Information Letter.
HHS Issues Proposed Rules Implementing the Individual Health Insurance Agent & Broker Fee Disclosure Requirements | JD Supra
As we discussed in our earlier summary, the Consolidated Appropriations Act, 2021, Public Law 116-260 (“CAA”), signed into law by the President on December 27, 2020, imposed new compensation disclosure requirements upon brokers and consultants to group health plans covered by the Employee Retirement Income Security Act of 1974. In addition, the CAA added new required disclosures related to agent and broker compensation to the Public Health Service Act (“PHSA”) that apply to the individual market.
Surprise! Tri-Agencies Meet Deadline with First Set of Surprise Billing Rules, With More to Come | JD Supra
On July 1, 2021, the Office of Personnel Management, Department of the Treasury, Department of Health and Human Services (“HHS”), and Department of Labor (“DOL”) (collectively, the “Departments”), released the interim final rule “Requirements Related to Surprise Billing; Part I” ( “the IFR”). The IFR generally applies to group health plans and health insurance issuers with respect to plan (or policy) years beginning on or after January 1, 2022.
End-of-Year Omnibus Bill Adds Mental Health Parity And Addiction Equity Act Disclosure Requirements
To print this article, all you need is to be registered or login on Mondaq.com.
End-of-Year Omnibus Bill Adds Mental Health Parity and Addiction Equity Act Disclosure Requirements | JD Supra
The Consolidated Appropriations Act, 2021 (the “CAA”) that was signed into law on December 27, 2020, amends the Employee Retirement Income Security Act of 1974 (“ERISA”), the Public Health Service Act and the Internal Revenue Code to include new provisions that specifically require the Secretaries of the Departments of Health and Human Services, Labor, and the Treasury (the “Secretaries”) to request documents that demonstrate compliance with the Mental Health Parity and Addiction Equity Act...
Trump Administration Issues COVID-19 Vaccine and Transparency Rules | JD Supra
In late October, the Trump Administration, through the Departments of Health and Human Services (“HHS”), the Treasury, and Labor (“Departments”), issued two different rules — one implementing the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) COVID-19 vaccine mandate, and the other implementing the Affordable Care Act’s transparency mandate. These rules were part of a rush of health care regulations pushed out the door in the last few months of the Trump Administration.
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