Jon W. Breyfogle

Jon W. Breyfogle

Employee Benefits (ERISA) Law

3.0 (1 reviews)
Washington, District of Columbia
31+ years experience
Groom Law Group Chartered
Updated:

Contact Information

1701 Pennsylvania Avenue, NW, Washington, DC 20006
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Bio

An expert on ERISA’s fiduciary rules and government regulation of health insurance, including the Affordable Care Act (ACA), Jon Breyfogle counsels numerous financial services firms, health insurers, and their D.C.-based trade associations on retirement and health matters. His practice includes advice on regulatory and legislative strategies, compliance, and defense of federal and state investigations. Jon has testified before Congress and at Department of Labor hearings on both retirement and health issues. Jon frequently represents clients in front of the Department of Labor, seeking and obtaining a variety of advisory opinions, information letters, and prohibited transaction exemptions. He regularly counsels large employers, supporting plan investment and administrative committees by providing fiduciary training, fee and expense analyses, reviews of plan governance and administrative practices, and assistance regarding frozen or eliminated company stock funds. As part of his ERISA practice, he counsels financial services firms on retirement and health matters, including most recently the Department of Labor’s new fiduciary rule. As part of his health practice, Jon represents a number of the nation’s largest health insurers and their trade associations on ACA and other federal and state laws that regulate health insurance. He regularly engages in advocacy on behalf of the firm’s clients before Congress and the Departments of Health and Human Services, Labor, and Treasury. Some recent matters include: Advocacy on implementing regulations and other subregulatory guidance relating to ACA’s medical loss ratio rule, insurance market reforms, premium stabilization programs, Exchange regulations, contracts between HHS and issuers of qualified health plans, and the application of the ACA’s Section 1557 non-discrimination rule to health insurers and their products.Defending government investigations of insurers and employers relating to the ACA, federal mental health parity, ERISA and state insurance law.Overseeing comprehensive audits of health insurers and their compliance with the ACA and other federal insurance laws.Currently, Jon is the Chairman of Groom and co-chair of the firm’s Health Services group. Jon is also a member of the firm’s Retirement Services and Employers & Sponsors groups. Prior to joining Groom, Jon served in political and civil service positions at the Office of Management and Budget, Pension Benefit Guarantee Corporation, and the Department of Labor. An expert on ERISA’s fiduciary rules and government regulation of health insurance, including the Affordable Care Act (ACA), Jon Breyfogle counsels numerous financial services firms, health insurers, and their D.C.-based trade associations on retirement and health matters. His practice includes advice on regulatory and legislative strategies, compliance, and defense of federal and state investigations. Jon has testified before Congress and at Department of Labor hearings on both retirement and health issues. Jon frequently represents clients in front of the Department of Labor, seeking and obtaining a variety of advisory opinions, information letters, and prohibited transaction exemptions. He regularly counsels large employers, supporting plan investment and administrative committees by providing fiduciary training, fee and expense analyses, reviews of plan governance and administrative practices, and assistance regarding frozen or eliminated company stock funds. As part of his ERISA practice, he counsels financial services firms on retirement and health matters, including most recently the Department of Labor’s new fiduciary rule. As part of his health practice, Jon represents a number of the nation’s largest health insurers and their trade associations on ACA and other federal and state laws that regulate health insurance. He regularly engages in advocacy on behalf of the firm’s clients before Congress and the Departments of Health and Human Services, Labor, and Treasury. Some recent matters include: Advocacy on implementing regulations and other subregulatory guidance relating to ACA’s medical loss ratio rule, insurance market reforms, premium stabilization programs, Exchange regulations, contracts between HHS and issuers of qualified health plans, and the application of the ACA’s Section 1557 non-discrimination rule to health insurers and their products.Defending government investigations of insurers and employers relating to the ACA, federal mental health parity, ERISA and state insurance law.Overseeing comprehensive audits of health insurers and their compliance with the ACA and other federal insurance laws.Currently, Jon is the Chairman of Groom and co-chair of the firm’s Health Services group. Jon is also a member of the firm’s Retirement Services and Employers & Sponsors groups. Prior to joining Groom, Jon served in political and civil service positions at the Office of Management and Budget, Pension Benefit Guarantee Corporation, and the Department of Labor.

Practice Areas

Employee Benefits (ERISA) Law

Awards & Recognition

  • Recognized: Employee Benefits (ERISA) Law
  • Practice Area: Government Relations Practice

Recognized in Best Lawyers since 2006

Education

  • George Mason University, graduated 1994

Reviews

S

Samantha Hill

2 weeks ago

Knowledgeable on ERISA, but communication could improve

I engaged Jon Breyfogle and the Groom Law Group for guidance on a complex ERISA fiduciary compliance issue related to our company's 401(k) plan investment options. There is no question that Mr. Breyfogle possesses deep expertise in this niche area; his three decades of experience and recognition in employee benefits law were evident in his analysis. He provided a thorough assessment of our obligations under the fiduciary rules, which was exactly what we needed from a technical standpoint. However, the experience was somewhat mixed on the service side. While the final work product was solid, there were periods during the engagement where communication lagged. Responses to follow-up emails sometimes took longer than expected, which created some anxiety as we were working against a regulatory deadline. Additionally, the billing structure, while standard for a firm of this caliber, felt rigid for the level of ongoing client management we received. In summary, for highly technical ERISA or ACA matters, Jon’s substantive knowledge is formidable. For clients who prioritize extremely responsive communication and a more flexible client service approach, it’s worth having a clear conversation about expectations upfront.

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