FacultyFaculty/Author Profile

Garrett A. Fenton

Miller & Chevalier

Washington, DC, USA

Garrett Fenton practices in the areas of employee benefits, tax and executive and deferred compensation, with a focus on health and welfare benefits and healthcare reform (ACA) implementation. Within these areas, he assists primarily large employers and health insurers on a wide range of topics, including implementation of ACA's "market reform" provisions, compliance with various taxes, fees and reporting obligations imposed under ACA and related issues under ERISA, the Internal Revenue Code, the Public Health Service Act and other applicable laws; wellness program design and implementation; cafeteria plans; COBRA compliance; HIPAA Privacy and Security Rules; Medicare Secondary Payer laws; day-to-day plan administration issues; and general ERISA and tax matters in connection with employer-sponsored health, welfare and retirement plans. Mr. Fenton has been particularly active in tracking the development of ACA-related legislative, regulatory and case law developments since the healthcare reform debate began in 2009.

Prior to earning his LL.M. in Taxation at the University of Florida Levin College of Law, Mr. Fenton practiced civil and commercial litigation in Fort Lauderdale, Florida. He was awarded the prestigious Dean's Scholarship for Superior Academic Achievement at Southwestern University School of Law.

Representative Engagements

  • Assisted multiple large employers, in a broad range of industries, determining compliance strategies, establishing internal policies, negotiating with vendors and preparing contract language to implement the ACA's employer "shared responsibility" (or "pay-or-play") provisions.
  • Provided ongoing ACA implementation advice and consulting to a large, nationwide conglomerate of health insurers, acting in their roles as insurers developing ACA-compliant health insurance products (inside and outside the Health Insurance Marketplaces) and as employers sponsoring ACA-compliant health plans for their employees.
  • Advised a Fortune 50 company regarding a wide range of legal compliance and employee relations issues in connection with a variety of health and welfare plans, including ACA, COBRA, ERISA HIPAA, the Americans with Disabilities Act, the Genetic Information and Nondiscrimination Act of 2008 (GINA), Medicare Secondary Payer rules, applicable state data privacy laws and other legal areas.
  • Prepared a comprehensive white paper and provided ongoing advice on the design and operation of wellness programs, for a large regional health insurer.
  • Assisted a large Silicon Valley employer in establishing an on-site medical clinic. Consulting services ranged from negotiating contracts with vendors, assisting in preparing HIPAA Privacy and Security policies and procedures, providing advice regarding the clinic's interaction with other health and welfare plans (including the employer's HSA-compatible high-deductible health plan) and preparing employee communication materials.

Rankings and Recognition
  • Legal 500: Labor & Employment: Employee Benefits and Executive Compensation, 2015
  • Florida Bar President's Pro Bono Service Award, 2015

Professional and Community Involvement
  • Member, Section of Taxation, American Bar Association
  • Member, Taxation Section, District of Columbia Bar

Bar Admissions
  • District of Columbia
  • California
  • Florida
  • Oregon

  • Clerk, The Honorable Jeffrey W. Johnson, United States District Court for the Central District of California

  • LL.M. (Taxation), University of Florida, Levin College of Law, 2008
  • J.D., Southwestern University School of Law, magna cum laude, 2006
  • B.A., University of Washington, 2003

Practice Areas


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