From Mailbox to Inbox: DOL Proposes New Electronic Disclosure Safe Harbor for Group Health Plans

Seyfarth Synopsis: On July 23, 2026, the Department of Labor (DOL) issued proposed regulations that would significantly expand the ability of group health plans to furnish required ERISA disclosures electronically (“Proposed Rule”). The proposal would create a new electronic disclosure safe harbor for group health plans modeled largely after the DOL’s 2020 electronic disclosure framework for retirement plan notices. 

For too long, plan administrators  have been required to comply with outdated electronic disclosure rules that oftentimes result in cumbersome paper delivery and are inconsistent with how employees actually receive information today. If finalized, the Proposed Rule would permit group health plans to satisfy many ERISA disclosure obligations through a “notice-and-access” approach under which required disclosures are posted to a website and participants receive a Notice of Internet Availability directing them to the documents.

The Proposed Rule reflects the DOL’s continued effort to modernize ERISA disclosure rules and reduce administrative burdens associated with paper delivery while preserving participants’ rights to request paper copies and opt out of electronic delivery.

Why This Matters

Current DOL electronic disclosure rules generally require either:

• Work-related computer access (the employee is “wired at work”); or
• Affirmative consent to electronic delivery.

Plan administrators have long viewed those requirements as administratively burdensome and specifically noted that the requirements are less flexible than the retirement plan safe harbor for electronic delivery that was adopted in 2020. The Proposed Rule would allow group health plans to use a default electronic delivery framework without obtaining affirmative participant consent in many circumstances.

Key Features of the Proposed Safe Harbor

Broad Coverage of ERISA Health Plan Disclosures

The Proposed Rule would apply to virtually any document that a group health plan administrator is required to furnish under ERISA. This would include, among other things:

• Summary Plan Descriptions (SPDs);
• Summaries of Material Modifications (SMMs);
• Summary Annual Reports (SARs);
• COBRA notices;
• HIPAA special enrollment notices; and
• Summary of Benefits and Coverage (SBCs) (to the extent otherwise permitted).

Notably, unlike the retirement plan safe harbor, the Proposed Rule would also permit electronic delivery of documents that are only required to be provided upon request.

Notice-and-Access Framework

Rather than furnishing documents directly, administrators could post disclosures on a website or intranet site and provide participants with a Notice of Internet Availability (NOIA). The NOIA generally must:

• Identify the document;
• Include a website link;
• Explain the participant’s right to request paper copies; and
• Explain the participant’s right to opt out of electronic delivery.

Eligible Individuals

The safe harbor would be available for participants, beneficiaries, and other individuals entitled to disclosures who provide an email address or mobile phone number capable of receiving electronic notices. Employer-provided email addresses may satisfy this requirement. Importantly, the Proposed Rule could substantially simplify disclosure obligations for former employees and other non-active populations. Unlike the DOL’s longstanding 2002 electronic disclosure rules, which were largely geared toward active employees with workplace electronic access, the proposed safe harbor would generally be available for COBRA qualified beneficiaries, retirees, adult dependents, and other individuals entitled to plan disclosures, so long as they provide an electronic address or mobile phone number capable of receiving notices.

Important Participant Protections

The proposal includes several participant safeguards.

Continuous Right to Paper Copies

Participants may request paper copies of covered documents at any time, free of charge. Unlike the safe harbor for retirement plan notices, the Proposed Rule would require group health plans to provide paper copies without charging participants, even for repeated requests.

Opt-Out Rights

Participants must be permitted to globally opt out of electronic delivery and receive all future covered documents in paper form.

Initial Notice Requirement

Before relying on the new safe harbor, plans must provide an initial notification explaining:

• The electronic delivery framework;
• The electronic address that will be used;
• The right to obtain paper copies; and
• The right to opt out.

This initial notice could presumably be provided in a number of ways, such as during annual enrollment, upon hire, in COBRA notices, and annual legal notice mailings.

Invalid Email Address Procedures

Plans must maintain procedures to identify invalid or undeliverable electronic addresses and either obtain corrected contact information or revert to paper delivery.

Privacy and HIPAA Considerations

The DOL declined to permit direct distribution of covered health plan disclosures through email attachments as an alternative delivery method. The Department expressed concerns that many group health plan disclosures contain sensitive information, including protected health information (PHI), and indicated that website-based delivery provides a more controlled framework for protecting confidentiality.

The Proposed Rule emphasizes that compliance with the new safe harbor would not relieve plans of separate obligations under HIPAA privacy and security rules.

Annual Enrollment Opportunities

The Proposed Rule would permit plans to consolidate certain annual disclosures into combined annual NOIAs. Importantly, disclosures furnished with annual enrollment materials could be identified through a combined annual notice provided during enrollment. This feature may prove especially valuable for plan administrators seeking to streamline annual enrollment communications.

Action Items for Plan Administrators

Although the Proposed Rule is not yet final, plan administrators may wish to begin evaluating:

• Whether current enrollment and eligibility systems collect adequate electronic contact information;
• Existing website and participant portal capabilities;
• Procedures for maintaining participant email and mobile contact information;
• Annual enrollment communication strategies; and
• Coordination with insurers, third-party administrators, and COBRA administrators regarding electronic disclosure processes.

Looking Ahead

Comments on the Proposed Rule are due by September 21, 2026. If finalized, the safe harbor would become available beginning on the first day of the first calendar year following publication of the final rule.

Practical Takeaway: The most consequential aspect of the proposal is not simply that more disclosures may be delivered electronically but that the DOL would move group health plans from a consent-based electronic delivery model to a default electronic delivery framework. If finalized, plan administrators that already maintain enrollment portals and participant websites may be able to dramatically reduce paper distribution obligations for ERISA health plan notices while maintaining participant protections through opt-out and paper-copy rights.