Introduction
Damian Myers, based in Washington DC, is a partner in the Corporate practice group. He represents public and private companies on matters related to employee benefits and executive compensation.
My focus
I provide ongoing advice to clients on a broad range of compliance issues, including ERISA, tax, corporate, and securities laws and regulations. I have experience in the design and administration of health and welfare benefit plan design, and advise on compliance with various laws related to these plans, such as the Internal Revenue Code, the Affordable Care Act, HIPAA, COBRA and the Mental Health Parity and Addiction Equity Act. Additionally, I advise employers on a variety of issues relating to health and welfare matters in the collective bargaining context.
I work with clients on the evaluation and selection of medical plan network claims administrators and negotiate related administrative services. I also consult clients on pharmacy benefit design and administration, including the negotiation of pharmacy benefit manager agreements, and evaluation of pricing guarantees.
My practice also includes advising on tax-qualified retirement plans, including defined benefit pension plans, defined contribution plans (both 401(k) and 403(b) plans), and executive compensation arrangements. Finally, I assist clients with the benefits and executive compensation issues that arise in connection with corporation transactions.
Looking ahead
Health care in the United States is shrouded in uncertainty. Employers and plan sponsors are demanding more accountability and transparency from third-party administrators and pharmacy benefit managers. At the same time, provider market consolidation is putting a strain on traditional network discount arrangements, making value-based care more important than ever. Additionally, an explosion in digital health resources is enabling employers to deliver important health information and care in real time, but is putting a strain on privacy and security safeguards.
/Insights
- “New Compliance Challenges for Employer Health Plans,” Nixon Peabody CLE program, April 2022
In the news
- Law360
Three attorney takeaways on mental health parity final rules
Sep 20, 2024This article covers key takeaways from recently finalized federal rules on mental health parity in employer health plans. Washington, DC Corporate partner Damian Myers, a member of NP’s Employee Benefits & Executive Compensation team, is quoted in the coverage noting changes from the proposed version of the rules for specifically what a plan's fiduciary must certify
- Employee Benefit Plan Review
Managing increasing health and welfare fiduciary risks
Corporate partners Damian Myers of Washington, DC and Yelena Gray of Chicago, counsel Lena Gionnette of Rochester, and associate Annie Zhang of Washington, DC, all members of NP’s Employee Benefits & Executive Compensation team, contributed this column, discussing how to manage increasing health and welfare fiduciary risks.May 1, 2024 - Behavioral Health Business
Upcoming mental health parity rule could impact how payers demonstrate compliance to feds
July 10, 2023Washington, DC Corporate partner Damian Myers, of the Employee Benefits & Executive Compensation team, is quoted throughout this article on the Biden Administration’s proposed rules that will impact how payers demonstrate mental health parity to federal regulators.
- Employee Benefit Plan Review
Ask the experts
In this latest installment of NP’s “Ask the Experts” column, Corporate partners Damian Myers in Washington, DC and Yelena Gray in Chicago, and counsel Jean Yu in Los Angeles, all of the Employee Benefits & Executive Compensation team, discuss issues employers should be aware of if employees want to invest in cryptocurrency through their 401(k) accounts.June 1, 2022 - Journal of Compensation and Benefits
OTC COVID-19 test coverage requirements under group health plans
This article contributed by Corporate partners Damian Myers in Washington, DC and Yelena Gray in Chicago, and associate Annie Zhang in Washington, DC—all of the Employee Benefits & Executive Compensation team—discusses updated federal requirements for group health plans covering over-the-counter COVID-19 tests purchased by members without an order or clinical assessment from a healthcare provider.May 9, 2022 - Employee Benefit Plan Review
Ask the Experts: Defined contribution plan amendments and telemedicine coverage
In the latest installment of their “Ask the Experts” column, Corporate partners Damian Myers in Washington, DC and Yelena Gray in Chicago, and associate Lena Gionnette in Rochester—all of the Employee Benefits & Executive Compensation team—discuss the legal changes that necessitate amendments to defined contribution plans, along with the extension of telemedicine coverage in 2022.April 26, 2022 - Employee Benefit Plan Review
Ask the Experts
In the newest installment of their monthly “Ask the Experts” column, Chicago partner Yelena Gray, Washington, DC partner Damian Myers, and Rochester associate Lena Gionnette, all from the Corporate group and Employee Benefits & Executive Compensation team, expand on the new requirements for group health plans regarding direct and indirect compensation disclosure, as well as the importance of plan committees engaging an investment advisor for retirement plans.March 1, 2022 - Employee Benefits Plan Review
Ask the experts
In the newest installment of their Ask the Experts” column, Chicago partner Yelena Gray, Washington, DC partner Damian Myers, and Rochester associate Lena Gionnette, all from the Corporate group and Employee Benefits & Executive Compensation team, discuss the competitive bid process that benefit plan administrators should routinely conduct to evaluate service providers, along with the deficient COBRA election notices that are fueling an uptick in litigation.Feb 8, 2022 - Employee Benefit Plan Review
Ask the experts: COVID-19 coverage requirements; changes to the EPCRS program
In the newest installment of their monthly “Ask the experts” column, Chicago partner Yelena Gray, Washington, DC partner Damian Myers, and Rochester associate Lena Gionnette, all of the Corporate group and Employee Benefits & Executive Compensation team, describe several requirements related to COVID-19 that still apply to group health plans, along with recent changes to the Employee Plans Compliance Resolution System for correcting retirement plan administrative errors.Jan 1, 2022 - Employee Benefit Plan Review
Ask the experts
In the newest installment of their monthly “Ask the Experts” column, Chicago partner Yelena Gray, Washington, DC partner Damian Myers, and Rochester associate Lena Gionnette, all from the Corporate group and Employee Benefits & Executive Compensation team, outline the legal considerations for employers implementing COVID-19 vaccine incentives or surcharges; new fee disclosure requirements for health and welfare plan brokers; and best practices for plan sponsors when restating their pre-approved documents to the IRS.Nov 1, 2021 - Employee Benefit Plan Review
Ask the Experts - Price transparency rules
In the newest installment of their monthly “Ask the Experts” column, Chicago partner Yelena Gray, Washington, DC partner Damian Myers, and Rochester associate Lena Gionnette, all from the Corporate group and Employee Benefits & Executive Compensation team, outline the patchwork of new requirements aimed at increasing health care cost transparency and providing best practices for group health plan sponsors to ensure compliance with the rules.Oct 8, 2021 - Employee Benefit Plan Review
Ask the experts
In the newest installment of their monthly “Ask the experts” column, Chicago partner Yelena Gray, Washington, DC partner Damian Myers, and Rochester associate Lena Gionnnette, all in the Corporate group and Employee Benefits & Executive Compensation team, analyze the Department of Labor’s recent cybersecurity guidance and provide best practices for retirement plans.Aug 20, 2021 - Employee Benefits Plan Review
Ask the experts
Chicago partner Yelena Gray, Washington, D.C. partner Damian Myers, and Rochester associate Lena Gionnnette, all with the Corporate group and Employee Benefits & Executive Compensation team, contributed this column addressing various questions about health benefit coverage, including parity requirements for mental health and medical benefits, in addition to the application of continuing “COBRA” benefits for former employees.July 27, 2021 - Employee Benefit Plan Review
New law requires health plans to demonstrate compliance with parity requirements between mental health and medical benefits
Chicago partner Yelena Gray, Washington DC partner Damian Myers, and Rochester associate Lena Gionnette, all of the Corporate group, contributed this article analyzing the new federal laws requiring employer-sponsored group health plans to prove that their plans satisfy all aspects of the parity regulations between mental health and medical benefits.June 10, 2021 - Bloomberg Law
Employers must find, tell laid-off workers of health subsidies
This article on COBRA subsidies included in the American Rescue Plan quotes Washington, DC Corporate partner Damian Myers, of the Employee Benefits & Executive Compensation team, on challenges employers face—from communicating details of the subsidy to their laid-off workers to recouping money from the government that they spend on the subsidized coverage.April 15, 2021 - Inside Health Policy
Stakeholders await key guidance on full COBRA subsidies
Rochester Corporate partner Brian Kopp, of the Employee Benefits & Executive Compensation team, is quoted in this article on COBRA subsidies included in the newly enacted American Rescue Plan, noting potential challenges for employers. The article also links to a client alert Brian wrote with Chicago Corporate partner Yelena Gray and Washington, DC Corporate partner Damian Myers, both of the Employee Benefits & Executive Compensation team.March 26, 2021 - Journal of Compensation and Benefits
Stimulus legislation gives temporary relief under flexible spending arrangements
Washington, DC partner Damian Myers, Chicago partner Yelena Gray, and Rochester associate Lena Gionnette, all of the Corporate group and Employee Benefits & Executive Compensation team, contributed this article summarizing the temporary relief for flexible spending accounts in the December 2020 stimulus law, highlighting important takeaways for plan sponsors.March 12, 2021 - Law360
3 Tips on Complying with the New Mental Health Parity Law
Chicago partner Yelena Gray and Washington, D.C. partner Damian Myers, both of the Corporate group and Employee Benefits & Executive Compensation team, are quoted throughout this article on steps employers can take to ensure they are in compliance with the mental health parity law that took effect on Wednesday.Feb 10, 2021 - The Washington Post
Washington-area appointments and promotions for Feb 1
Intellectual Property partner Lauren Arnold and Corporate partner Damian Myers, both in Washington, D.C., were included in this roundup of notable executive news for their promotions to partner.Jan 31, 2021 - Law360
Devil's in the Details as Union Pension Crisis Awaits Biden
Washington, D.C. Corporate partner-elect Damian Myers, of the Employee Benefits & Executive Compensation team, is quoted on how the upcoming U.S. Senate runoff elections in Georgia could impact negotiations related to the multiemployer pension crisis.Jan 3, 2021 - HR News
Number of 401(k) Funds Offered to Plan Participants Shrinks
This article on the shrinking number of funds offered to 401(k) plan participants quotes a recent Fall Employee Benefits Briefing blog post written by Employee Benefits & Executive Compensation leader and Corporate partner Eric Paley, Corporate partners Christian Hancey and Brian Kopp, and Corporate associates Lena Gionnette and Jenny Holmes, all in Rochester; and Washington, D.C. Corporate counsel Damian Myers.Dec 1, 2020
Admitted to practice
District of Columbia
Education
Georgetown University Law Center, LL.M.
University of Georgia, B.S.
University of Georgia School of Law, J.D.
Recognition
- District of Columbia Courts’ Capital Pro Bono Honor Roll
- The Legal Aid Society’s 2016 Pro Bono Publico Award
Insights And Happenings
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Employee Benefits Briefing
Professionals in the Practice Area
View AllEric Paley
Partner / Team Leader, Employee Benefits & Executive Compensation- Rochester
- Office:+1 585.263.1012
- epaley@nixonpeabody.com
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