DOL Proposed Rule: Expand Electronic Delivery Options for Group Health Plan Disclosures

On July 22, 2026, the U.S. Department of Labor’s (DOL) Employee Benefits Security Administration issued a proposed rule that would establish a new, additional safe harbor for group health plan administrators to use electronic media to furnish plan disclosures required under the Employee Retirement Income Security Act (ERISA). The proposal aims to modernize the delivery of group health plan disclosures to reduce administrative burdens and improve participants’ ability to access and understand plan information.

Background

In 2002, the DOL established a safe harbor for using electronic media to satisfy ERISA’s delivery method requirements, including email, posting to a company website, and other electronic media. The safe harbor allows employers to distribute disclosures electronically to: (1) employees with work-related computer access; and (2) other plan participants and beneficiaries who consent to receive disclosures electronically. The safe harbor applies to ERISA disclosures such as summary plan descriptions, summaries of material modifications and summary annual reports, as well as certain other health plan notices, including the annual Women’s Health and Cancer Rights Act notice and the Medicare Part D notice. In 2020, the DOL established a separate, broader electronic disclosure safe harbor applicable to retirement plans.

Key Highlights

The proposed rule creates an additional safe harbor option for group health plan administrators to electronically deliver required disclosures, largely mirroring the 2020 retirement plan safe harbor. To rely on the new safe harbor, plan administrators would be required to do the following:

• Provide an initial notification to each covered individual prior to relying on the safe harbor, identifying the electronic address to be used, explaining how to access covered documents, and describing their right to opt out of electronic delivery and request free paper copies. The notice may be furnished electronically to individuals previously receiving documents under the 2002 safe harbor.
• Furnish a Notice of Internet Availability (NOIA) for each covered document (including documents only required to be furnished upon request) informing covered individuals of their paper copy and opt-out rights. The NOIA must be furnished electronically to a covered individual’s designated address or internet-connected mobile device (e.g., smartphone), contain only the content specified in the proposal, and be delivered separately from other documents or disclosures (but this requirement can be simplified by using a combined annual NOIA covering multiple documents if certain requirements are satisfied).
• Establish and maintain a website where covered individuals can access covered documents, taking measures reasonably calculated to ensure the site meets specified standards for timing, presentation, and confidentiality.
• Promptly provide a free paper copy of any covered document upon request.

Unlike the 2020 retirement plan safe harbor, email delivery is not available under this proposal, as many ERISA group health plan disclosures contain sensitive information, including protected health information.

Employer Takeaway

If finalized, the new safe harbor would apply to group health plans on the first day of the first calendar year following publication of the final rule.

The DOL is seeking comments on the extent to which this applicability date should be sooner, given that the provision is optional, or later, if necessary, to safeguard plan participants and beneficiaries from potential harm if administrators rely on the safe harbor too soon.

Until the rule is finalized, plan administrators should continue to comply with existing disclosure requirements.

If you have questions, please reach out to your Hylant representative for further information. Don’t have one? Contact us here.

The above information does not constitute advice. Always contact your employee benefits broker or trusted advisor for insurance-related questions.