DOL Proposes Electronic Disclosure Safe Harbor for Health Plans

On July 22, 2026, the U.S. Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) proposed a rule that would create a new electronic disclosure safe harbor for Employee Retirement Income Security Act (ERISA)-covered group health plans. The proposal would allow employers and plan administrators to provide many required health plan disclosures through a notice-and-access
The post DOL Proposes Electronic Disclosure Safe Harbor for Health Plans appeared first on VensureHR. 

On July 22, 2026, the U.S. Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) proposed a rule that would create a new electronic disclosure safe harbor for Employee Retirement Income Security Act (ERISA)-covered group health plans.

The proposal would allow employers and plan administrators to provide many required health plan disclosures through a notice-and-access framework, rather than relying primarily on paper mailings.

The new safe harbor would become available beginning on the first day of the first calendar year following publication of a final rule (if finalized). Employers could continue using the existing 2002 electronic disclosure safe harbor or continue providing disclosures on paper and no changes are required at this time because the proposal has not been finalized.

Comments on the proposal are due September 21, 2026. The proposed rule and comment submission portal are available through the Federal eRulemaking Portal here.

What Employers Should Do

Legal Requirements

• The proposal has not been finalized, and employers are not currently required to change their disclosure practices.
• Group health plans must continue complying with existing ERISA disclosure requirements using currently permitted delivery methods.

Practical Considerations

• Evaluate whether benefits administration systems, enrollment platforms, websites, and participant portals could support a Notice of Internet Availability (NOIA) framework if the proposal is finalized.
• Review participant communication processes, electronic address collection procedures, and vendor capabilities to determine whether the organization would be prepared to implement the proposed safe harbor if it becomes available.
• Consider whether a Professional Employer Organization (PEO) or Administrative Services Organization (ASO) could assist with benefits administration, participant communications, vendor coordination, and implementation planning if the rule is finalized.

Overview

New Notice-and-Access Framework: Under the proposed safe harbor, group health plans could satisfy many disclosure obligations by posting required documents on a website or secure online portal and providing participants with a Notice of Internet Availability (NOIA). This notice-and-access framework is intended to reduce reliance on paper mailings while preserving access to important health plan information.

Covered Documents: The proposal broadly applies to documents required under Title I of the Employee Retirement Income Security Act (ERISA), including SPDs, SMMs, COBRA notices, HIPAA notices, claims and appeals notices, and other required group health plan disclosures. It would also cover certain documents furnished only upon request, expanding the range of disclosures that could be delivered electronically.

Eligible Recipients: The proposal would permit electronic disclosures to participants, beneficiaries, and other covered individuals who provide an electronic address, including an email address or a mobile phone number capable of receiving notices. Employer-assigned work email addresses may also qualify.

Adult Dependent Children: Under the proposal, adult dependent children age 18 or older who are covered under the health plan and provide an electronic address could receive health plan disclosures directly

Notice of Internet Availability Requirements: Under the proposal, a Notice of Internet Availability (NOIA) would be required to identify the document available online, provide access instructions, explain participants’ rights to request paper copies and opt out of electronic delivery, and include contact information for the plan administrator.

Participant Protections: The proposal includes several participant protections, including the right to request free paper copies, the right to opt out of electronic delivery and continue receiving paper disclosures, and safeguards requiring plans to address invalid electronic addresses or failed transmissions or revert to paper delivery methods when necessary.

Website Requirements: Under the proposed safe harbor, documents posted online would generally need to be timely accessible, remain available for at least one year, be searchable and printable, be capable of being downloaded and retained electronically, and protect participants’ confidential information.

Key Difference from the Retirement Plan Rule: Unlike the retirement plan safe harbor, the proposal would require disclosures to be made available through a secure website and Notice of Internet Availability (NOIA), rather than by sending covered documents directly by email.

Other Welfare Benefit Plans Remain Excluded: The proposal applies only to ERISA-covered group health plans. Other welfare benefit plans, including life insurance, disability, unemployment, apprenticeship, and training programs, generally would remain subject to existing disclosure rules.

Why This Matters

Many employers continue to rely heavily on paper-based disclosure processes because the existing 2002 electronic disclosure rules can be restrictive, particularly for workforces that do not meet the traditional “wired-at-work” standard. Employers with manufacturing, retail, healthcare, construction, and other field-based workforces could benefit significantly from expanded electronic delivery options if the proposal becomes final.

The proposal also reflects the DOL’s broader effort to modernize health plan communications, reduce administrative burdens, improve participant access to plan information, and better align health plan disclosure requirements with the electronic disclosure framework already available for retirement plans.

Key Risks for Employers

• The proposed rule does not establish new penalties or enforcement provisions. Employers remain subject to existing ERISA disclosure requirements and any applicable enforcement provisions under ERISA.

Source References

• Federal Register – Electronic Disclosure by Group Health Plans Under ERISA (07/23/26)
• DOL – Press Release – rule to modernize electronic delivery for group health plans, lowering costs (July 22, 2026)

This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

The post DOL Proposes Electronic Disclosure Safe Harbor for Health Plans appeared first on VensureHR.

 VensureHR