WASHINGTON, January 3, 2024 – The ERISA Industry Committee (ERIC) today filed an amicus brief, along with the U.S. Chamber of Commerce, urging the U.S. Supreme Court to grant review of the Tenth Circuit Court of Appeals’ decision in D.K. v. United Behavioral Health. The Tenth Circuit’s opinion interpreted health care and disability claims process requirements to be interchangeable. Despite distinct regulatory language establishing separate standards for health care and disability claims processes, the federal Department of Labor had asserted otherwise in a brief to the Tenth Circuit.
“The Department’s attempt to conflate two independent administrative standards and alter employer plan compliance requirements outside of the proper regulatory development process is impermissible and must be opposed,” said James Gelfand, President and CEO of ERIC. “Allowing federal agencies to make substantial regulatory changes through amicus briefs erodes critical transparency and due process protections under the Administrative Procedure Act (APA) and removes stakeholders from the federal rulemaking process.”
In April 2022, ERIC submitted an amicus brief arguing that the DOL’s interpretation of the compliance requirements were inconsistent with the plain text of existing regulations, and that regulatory changes should be reserved for the APA notice and comment process. To read the amicus brief filed today, click here.