The U.S. Department of Labor proposed a significant new rule on July 23, 2026, creating an additional safe harbor for electronic delivery of group health plan disclosures.
The Proposed Rule would give group health plan administrators a modernised alternative to the more limited electronic delivery framework currently available under existing regulations.
It closely mirrors a notice-and-access safe harbour adopted in 2020 for retirement plans, making electronic delivery the default unless a participant opts out or requests paper copies.
Group health plans as defined under Section 733(a)(1) of ERISA, including those providing medical, dental, and vision benefits, would benefit directly from the new framework.
The Proposed Rule would extend to any document required to be furnished under Title I of ERISA, including documents that must be furnished only upon request from a participant.
Any participant or beneficiary who provides an electronic address, such as an email or mobile telephone number, would be eligible to receive covered documents electronically.
Unlike the 2020 pension safe harbour, the Proposed Rule does not include an email delivery alternative, with the DOL citing HIPAA privacy concerns around sensitive protected health information.
The DOL noted that group health plan disclosures often contain protected health information that could be inadvertently exposed if transmitted via employer-assigned email accounts.
The DOL has solicited comments on whether an email delivery option should be permitted, signalling some openness to broadening the framework before finalisation.
Administrators would be required to maintain a website where covered individuals can access covered documents by the date they are otherwise required under ERISA.
A compliant Notice of Internet Availability must be electronically provided to each covered individual every time a covered document is posted to that website.
The Proposed Rule would affect approximately 2.7 million ERISA-covered group health plans, covering roughly 134 million participants across the United States.
Estimates of employer savings of up to $3.9 billion over the next decade were published in the Federal Register on July 23, 2026, underlining the financial significance of the proposal.
The proposal would not replace the DOL’s existing 2002 electronic disclosure safe harbour, nor would it eliminate paper disclosures, instead offering a voluntary additional compliance pathway.
Unlike the 2002 safe harbour, which generally requires affirmative participant consent, the Proposed Rule would permit electronic delivery without prior consent from covered individuals.
Administrators would instead provide an initial notification, with covered individuals retaining the right to request paper copies or opt out of electronic delivery entirely.
The proposed rules are subject to a 60-day notice-and-comment period that closes on September 21, 2026, giving stakeholders an opportunity to shape the final rule.
If finalised as proposed, the earliest the rule could become effective is January 1, 2027, giving plan administrators time to adapt their systems and processes.
Industry groups and practitioners had long urged the DOL to extend the 2020 retirement plan safe harbour to group health plans, citing administrative inefficiencies and substantial printing and mailing costs under current rules.