DOL Proposed Rule: Electronic Disclosure by Group Health Plans Under ERISA, 29 CFR Parts 2520 and 2560, 91 Fed. Reg. 46602 (July 23, 2026); DOL News Release, U.S. Department of Labor Proposes Rule to Modernize Electronic Delivery for Group Health Plans, Lowering Costs (July 22, 2026)
The DOL has issued proposed regulations that would establish a new, additional safe harbor for group health plan administrators to electronically furnish ERISA-required disclosures to participants and beneficiaries. The DOL established a similar “notice-and-access” safe harbor for pension benefit plans in 2020, allowing plan administrators to notify participants and beneficiaries about online disclosures, provide information on how to access them, and inform individuals of their rights to request paper copies or opt out completely. The proposed rule would add a new DOL Reg. § 2520.104b-32 that largely mirrors the 2020 pension safe harbor, while incorporating several modifications tailored to the group health plan context. Here are highlights:
- Covered Individuals and Documents. A “covered individual” would be any participant, beneficiary, or other individual entitled to covered documents who provides an electronic address to the employer, plan sponsor, or administrator. Employer-assigned work email addresses would qualify. Adult dependent children who have attained age 18 and provided an electronic address may also be covered individuals—a notable expansion from the pension safe harbor. A “covered document” would be broadly defined as any document or information that the administrator is required to furnish pursuant to Title I of ERISA, including ERISA-specific disclosures (e.g., SPDs and SARs) as well as other materials such as COBRA and HIPAA notices. Unlike the 2020 pension safe harbor, the proposed rule would not exclude documents that must be furnished only upon request.
- Notice of Internet Availability (NOIA). The NOIA would be required to include a prominent “Disclosure About Your Health Plan” statement, identification of the covered document by name, a website address or hyperlink providing ready access to the document, statements of the right to request a free paper copy and to opt out of electronic delivery entirely, a cautionary statement regarding the one-year website retention requirement (explained below), and a telephone number for the administrator. A combined NOIA could be furnished annually for certain documents, including those provided with annual enrollment materials.
- No . Unlike the 2020 pension safe harbor, the proposed rule does not include an email delivery alternative. Citing HIPAA privacy concerns, the DOL noted that group health plan disclosures often contain sensitive protected health information (PHI) that could be inadvertently exposed if transmitted via employer-assigned email. The DOL has solicited comments on whether an email delivery option should be permitted.
- Website Standards.Administrators would be required to maintain a website where covered individuals can access covered documents by the date they are otherwise due under ERISA. Documents must remain posted for at least one year (or until superseded), be readable online, printable, widely available, electronically searchable, and protected for confidentiality. “Website” would be defined to include mobile apps and other accessible electronic repositories; because group health plan disclosures may contain HIPAA-protected PHI, administrators may need a password-protected or otherwise secure portal rather than a public website.
- Paper Copies and Opt-Out Rights. Covered individuals would be permitted to request free paper copies of any covered document at any time. Unlike the pension safe harbor, which limits free copies to one per document, the proposed rule would require group health plan administrators to furnish additional paper copies free of charge upon request. Covered individuals could also globally opt out of electronic delivery.
- Initial Notification. Before relying on the safe harbor, administrators would need to furnish each covered individual a paper notification of default electronic delivery, identifying the electronic address to be used, explaining how to access covered documents, and describing the right to request paper copies or opt out. An exception would apply for individuals who, prior to the first calendar year following publication of the final rule, were already receiving electronic disclosures under the existing 2002 safe harbor—those individuals may receive the initial notification electronically rather than on paper.
The proposed safe harbor would be available beginning on the first day of the first calendar year following publication of the final rule. Meanwhile, plan administrators should continue to rely on the 2002 safe harbor or other permissible delivery methods for ERISA group health plan materials. Comments are due by September 21, 2026.
EBIA Comment: This proposal represents a significant modernization of electronic disclosure rules for group health plans, which have been largely unchanged since the 2002 safe harbor was established. Group health plan administrators and their advisors should carefully review the key differences from the pension safe harbor—including the absence of an email delivery option, the broader definition of covered documents, the unlimited free paper copy requirement, and the special rules for adult dependent children. Also, note that this safe harbor would apply only for group health plan disclosures, not disclosures for other types of welfare plans. For more information, see EBIA’s ERISA Compliance manual at Section XXIII (“Electronic Disclosure of ERISA-Required Documents”) and EBIA’s Group Health Plan Mandates manual at Section XXVIII (“Federal Group Health Plan Mandates: Disclosure Requirements”).
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