DOL Proposes E-Delivery Safe Harbor for Health Plans
A proposed notice-and-access framework for ERISA group health plan disclosures would expand electronic delivery options but create a third set of rules alongside those for retirement and other welfare plans.
The US Department of Labor has proposed a new optional safe harbor to allow electronic delivery of ERISA-required group health plan disclosures. The rule, proposed July 23, 2026, would establish a “notice-and-access” framework similar to that available for retirement plans, permitting administrators to post documents online and send a notice of internet availability. This could significantly reduce administrative burdens and costs for employers, especially for reaching employees without regular work-related computer access, retirees, and other beneficiaries who provide an electronic address.
However, the proposal differs from the retirement plan rules in key ways. Citing privacy concerns, it would prohibit emailing documents directly and would apply only to group health plans, not other welfare benefits like life or disability. This variation could create a third, separate DOL disclosure regime, complicating compliance for employers with bundled benefit programs. The proposal does not affect disclosures governed by other agencies, such as the HIPAA Notice of Privacy Practices. Comments on the proposed rule are due September 21, 2026. Employers should review the proposal to assess its operational impact and consider submitting feedback to the agency.