DOL Proposes New Electronic Disclosure Safe Harbor for Group Health Plans under ERISA

The US Department of Labor issued a proposed rule on July 23, 2026 that would  modernize the electronic disclosure requirements applicable to ERISA-covered group health plans. The proposal would create a new optional electronic disclosure safe harbor that would permit plan administrators to satisfy many ERISA disclosure obligations through electronic delivery, subject to specified participant protections.

If finalized, the proposal would provide plan administrators with greater flexibility in furnishing required disclosures while preserving participants’ rights to receive paper copies and to opt out of electronic delivery.

Importantly, the proposal will not replace the US Department of Labor’s (DOL's) existing 2002 electronic disclosure safe harbor or eliminate paper disclosures. Instead, it would establish an additional, voluntary compliance option that reflects current technology and participants’ increasing reliance on electronic communications. 

Key Takeaways

• New optional safe harbor: The proposed rule would establish an additional electronic disclosure safe harbor for group health plans covered by the Employee Retirement Income Security Act of 1974 (ERISA). Plan administrators could continue to rely on the existing 2002 safe harbor, furnish documents on paper, or use any other permissible method of delivery.
• Electronic delivery by default: Unlike the 2002 safe harbor, which generally requires affirmative participant consent unless an individual is “wired at work,” the proposed rule would permit electronic delivery without prior consent. Instead, administrators would provide an initial notification, and covered individuals would retain the right to request paper copies or opt out of electronic delivery entirely.
• Notice-and-access model: Rather than delivering required disclosures as email attachments, plan administrators would electronically furnish a Notice of Internet Availability (NOIA) directing participants to documents posted on a website, mobile application, or other electronic repository. Unlike the DOL's 2020 pension plan safe harbor, the proposed group health plan safe harbor would not permit covered documents to be furnished directly by email, principally because of privacy concerns, including the potential disclosure of protected health information.
• Participant protections remain: Covered individuals would retain the right to request paper copies of covered documents free of charge, including additional copies of the same document, and to opt out of electronic delivery altogether.
• Privacy and security obligations remain: Use of the proposed safe harbor would not change a plan’s obligation under the Health Insurance Portability and Accountability Act of 1996 (HIPAA)or other applicable federal or state privacy and/or security laws.
• No immediate action required: Because the rule has only been proposed, plan administrators are not required to change their current disclosure practices. However, plan sponsors and administrators may wish to begin evaluating whether their existing systems could accommodate the proposed requirements if the rule is finalized.
• Comments and timing: Comments on the proposed rule are due by September 21, 2026. If finalized as proposed, the new safe harbor would become available beginning with the first day of the first calendar year following publication of the final rule.

WHY THIS MATTERS

For many group health plans, paper distribution of ERISA-required disclosures remains administratively burdensome and expensive. The proposed rule reflects the DOL's effort to modernize disclosure requirements by recognizing the widespread use of electronic communications while maintaining meaningful participant protections.

Employers and plan administrators that already maintain online enrollment platforms or participant portals may be particularly well positioned to take advantage of the proposed safe harbor if it is finalized. However, implementation would require careful attention to website functionality, participant notices, electronic address management, service-provider responsibilities, and privacy and security safeguards.

BACKGROUND

The DOL has recognized that the current electronic disclosure framework, adopted in 2002, no longer reflects how most employees receive information. Under the existing safe harbor, electronic delivery generally is limited to participants who are "wired at work" or who have affirmatively consented to electronic delivery.

Following its adoption of an electronic disclosure safe harbor for pension plans in 2020, the DOL is now proposing a similar—but not identical—framework for ERISA-covered group health plans. In proposing the rule, the DOL noted that more than 95% of US adults regularly use the internet, supporting broader use of electronic disclosure methods.

SCOPE OF THE PROPOSED SAFE HARBOR

Which plans are covered by the proposed safe harbor?

The proposed safe harbor would apply only to ERISA-covered group health plans, as defined in ERISA Section 733(a)(1). It would not apply to non-ERISA plans or to other welfare benefit plans, such as life insurance, disability, or other welfare plans that are not group health plans and not included within that definition.

Who is a “covered individual” under the proposed safe harbor?

The safe harbor is available only for “covered individuals,” which generally means participants, beneficiaries, or other individuals entitled to receive ERISA disclosures who either

• provide an electronic address, such as an email address or internet-connected mobile-device number, to the plan administrator, plan sponsor, employer or an appropriate designee; or
• are assigned an electronic address by the employer for employment-related purposes that include delivery of covered documents.

A dependent child who is at least age 18 or older also qualifies as a covered individual if the child provides an electronic address for receipt of covered documents.

What documents are covered under the proposed safe harbor?

A "covered document" includes any document required to be furnished under Title I of ERISA, including summary plan descriptions (SPDs), summaries of material modification (SMMs), summary annual reports (SARs), and other recurring participant disclosures required under ERISA. Notably, unlike the DOL's 2020 retirement plan safe harbor, the proposal also covers documents that are required to be furnished upon request.  However, certain individualized notices that are subject to separate regulatory requirements (such as claims and appeals determinations) would generally continue to follow their existing delivery rules.

The proposed safe harbor is entirely voluntary. Plan administrators may continue to rely on the existing 2002 electronic disclosure safe harbor, furnish disclosures through traditional paper delivery, or use another method that satisfies ERISA's general disclosure requirements.

HOW THE NEW SAFE HARBOR WORKS

Notice of Internet Availability

The proposed safe harbor uses a notice-and-access model. Rather than furnishing the covered document itself electronically, the plan administrator would post the document to a website, mobile application, or other electronic repository and electronically furnish a NOIA directing covered individuals to the document.

In general, a separate NOIA would be required each time a covered document is made available, subject to the limited combined-NOIA rule discussed below.

The NOIA must be furnished electronically as a standalone communication (subject to limited exceptions), written in a manner calculated to be understood by the average plan participant, and must adhere to the following:

• Use the prescribed heading "Disclosure About Your Health Plan" and state that important information about the health plan is available
• Identify the covered document by name and briefly describe it if the name alone would not reasonably convey its nature
• Provide a website address or hyperlink that leads directly to the document or to a login page that provides a prominent link to the document
• Explain the participant's right to request and obtain a free paper copy and how to exercise that right
• Explain the participant's right to globally opt out of electronic delivery, free of charge, and how to exercise that right
• State that the document is not required to remain available for more than one year or, if later, after it is superseded, and provide a telephone number for the plan administrator or another designated plan representative

To ensure the notice remains concise, the NOIA generally may include only the required content, limited logos or similar design elements, and an optional statement indicating whether participant action is required. 

Combined NOIAs

For a limited category of recurring disclosures, the proposal would permit a single combined NOIA each plan year, provided no more than 14 months elapse between notices. Eligible documents include SPDs, certain annual disclosures that do not require participant action by a specified deadline, and covered documents distributed with annual enrollment materials. A combined NOIA would not change the deadline for posting any covered document.

Website Requirements

Covered documents must be posted to a website, mobile application, or other electronic repository that is reasonably accessible to covered individuals. Documents must comply with the following:

• Posted no later than the applicable ERISA disclosure deadline
• Maintained for at least one year and, if later, until superseded
• Presented in a widely available format that is searchable, printable, and capable of being retained electronically
• Written in a manner calculated to be understood by the average plan participant

The plan administrator also must implement measures reasonably designed to protect the confidentiality of participants' personal information. However, compliance with the proposed safe harbor does not, by itself, establish compliance with HIPAA or other applicable federal or state privacy or security laws.

Although website functions may be delegated to an insurer, third-party administrator, or other service provider, the plan administrator remains responsible for complying with the safe harbor, including the prudent selection and monitoring of service providers.

Initial Notice

Before relying on the new safe harbor, a plan administrator must furnish an initial notice explaining, in a manner calculated to be understood by the average plan participant, the following:

• That covered documents will be furnished electronically to a specified electronic address
• The electronic address that will be used
• Any instructions needed to access covered documents
• That covered documents generally may remain available for only one year (or, if later, until superseded)
• The right to request free paper copies and how to do so
• The right to opt out of electronic delivery and receive paper disclosures

The initial notice generally must be provided on paper. However, it may be furnished electronically to individuals who, before the rule's applicability date, were already receiving Title I ERISA disclosures electronically under the existing 2002 safe harbor.

Participant Rights and Protections

The proposal preserves several important participant protections. Covered individuals may request free paper copies of covered documents at any time and may globally opt out of electronic delivery. Unlike the DOL's 2020 retirement plan safe harbor, the proposal would prohibit charging for paper copies, including additional copies of the same document.

Plan administrators also must maintain reasonable procedures that facilitate—not discourage—paper-copy requests and opt-out elections.

In addition, administrators must monitor for invalid or inoperable electronic addresses. If a NOIA is returned as undeliverable, the administrator must promptly cure the problem by using a valid secondary address or obtaining a new electronic address. If that is not possible, the individual must be treated as having opted out of electronic delivery, and the covered document identified in the undeliverable NOIA must be furnished on paper as soon as reasonably practicable.

Other Operational Rules

The proposal also addresses several implementation issues, including the following:

• Procedures for maintaining or replacing employer-assigned electronic addresses following an employee's termination of employment
• Limited relief for temporary website outages, provided the administrator maintains reasonable compliance procedures and promptly restores access
• Amendments to the ERISA claims procedure regulations recognizing the new safe harbor as a permissible method for furnishing electronic notices of adverse benefit determinations and benefit determinations on review for group health plans

PRACTICAL CONSIDERATIONS FOR PLAN ADMINISTRATORS AND PLAN SPONSORS

Although no immediate action is required, plan sponsors and administrators that may wish to rely on the proposed safe harbor should consider the following:

• Evaluating whether electronic delivery could reduce administrative costs and improve efficiency
• Determining whether insurers, third-party administrators, and other vendors can support document posting, NOIA distribution, electronic address management, and participant tracking
• Reviewing procedures for collecting and maintaining electronic addresses, including those for adult dependent children and terminated employees
• Assessing whether participant portals satisfy the proposal's accessibility, searchability, retention, and confidentiality requirements
• Establishing procedures for handling paper copy requests, opt-out elections, and undeliverable electronic addresses
• Reviewing vendor agreements to clearly allocate responsibility for compliance, recordkeeping, and participant communications, while continuing to evaluate compliance with HIPAA and other applicable privacy and security laws

CONCLUSION

The DOL's proposal represents the most significant update to the ERISA electronic disclosure rules for group health plans in more than two decades. If finalized, it would provide plan administrators with a modern, optional framework for furnishing required disclosures electronically while preserving robust participant protections, including website access to covered documents, free paper copies, and broad opt-out rights.

Although implementation would require operational changes, many employers already maintain electronic enrollment platforms and participant portals that could be adapted to satisfy the proposed requirements. Accordingly, employers, plan administrators, insurers, third-party administrators, and other service providers should begin evaluating whether their systems, procedures, and service agreements would support the new safe harbor if it is adopted substantially as proposed.