Summary At a Glance
- ERISA-covered health plans could use electronic delivery vs. paper as the default for many required disclosures.
- Participants and beneficiaries would retain the right to request free paper copies or opt out of electronic delivery.
- The proposal does not require immediate action; employers should continue current practices and watch for a final rule.
The U.S. Department of Labor has proposed a new electronic disclosure safe harbor for group health plans subject to the Employee Retirement Income Security Act (ERISA).
If finalized, the rule would allow plan administrators to post required disclosures on a website or mobile app and notify participants electronically when the documents are available. While this approach could reduce printing and mailing costs, employers would need reliable processes for electronic delivery, document access, privacy protection, and recordkeeping.
Background
Under the current electronic disclosure safe harbor, group health plan administrators may deliver documents electronically to employees who regularly use the employer’s electronic information system as part of their job duties. Other participants and beneficiaries typically must consent to electronic delivery. The proposed rule would expand the ability of group health plans to use electronic communications as the default delivery method.
Key Provisions
- Electronic Delivery Would Be Optional. Plans could continue using existing disclosure methods, including paper delivery.
- Participants Must Receive Notice. The electronic notice would need to identify the document, explain how to access it, and describe the participant’s right to request a free paper copy or opt out of electronic delivery.
- Delivery Failures Must Be Addressed. Plan administrators would need procedures for handling invalid email addresses or telephone numbers and for maintaining contact information when employees leave the organization.
Next Steps for Employers
Because the proposal does not create an immediate compliance obligation, employers should continue following their current disclosure procedures unless a final rule is issued. Employers who want to prepare in advance should consider the following:
- Review Electronic Delivery Capabilities. Confirm that current benefits platforms can securely store documents, provide reliable access, and identify delivery failures.
- Coordinate With Benefits Vendors. Discuss the proposal with insurers, third-party administrators, technology providers, and others responsible for planning communications.
- Review Contact Information Procedures. Evaluate how employee and beneficiary email addresses and mobile numbers are collected, maintained, and updated.
- Assess Paper Delivery Processes. Ensure the organization can promptly provide free paper copies and process requests to opt out of electronic delivery.
- Protect Confidential Information. Confirm that electronic platforms and procedures meet applicable privacy and security requirements.
- Consider Submitting Comments. Interested parties may submit comments on the proposed rule through September 21, 2026 by going to Regulations.gov and searching for Docket ID: EBSA-2026-0331 or using the green “Submit a Public Comment” button on the official Federal Register page.
How HR Works Can Help
HR Works can help you manage many common benefit notice obligations through our Benefit Compliance Notice Templates. We provide customizable templates and step-by-step instructions for notices such as COBRA, HIPAA privacy, Medicare Part D, CHIP, and other covered notices.
Current HR Works clients may contact the designated HR Consultant for additional guidance and assistance with benefit compliance notices.
Non-HR Works clients may contact us for HR solutions by calling toll-free at 1-877-219-9062 or visiting our website.
