On July 23, 2026, the U.S. Department of Labor (DOL) 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.
To rely on the safe harbor, plan administrators would be required to:
- Provide an initial notification to each covered individual, 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;
- Furnish a notice of internet availability for each covered document informing covered individuals of their paper copy and opt-out rights;
- 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; and
- Provide a free paper copy of any covered document promptly upon request.
The proposed safe harbor does not permit email delivery because many ERISA group health plan disclosures contain sensitive information, including protected health information.
Until the rule is finalized, plan administrators should continue to comply with existing disclosure requirements.
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