Last Updated on July 27, 2026 by MyHRConcierge

As workplace communication continues to shift toward digital platforms, many employers have embraced electronic tools to manage HR functions, administer employee benefits, and communicate with their workforce. Despite these advancements, many required health plan disclosures under the Employee Retirement Income Security Act (ERISA) remain subject to electronic disclosure rules that were established more than two decades ago.

To address this disconnect, the U.S. Department of Labor (DOL), through the Employee Benefits Security Administration (EBSA), has proposed a new electronic disclosure safe harbor for ERISA-covered group health plans. If finalized, the proposal would give employers greater flexibility to provide many required health plan notices electronically while maintaining important protections for participants and beneficiaries.

Why the DOL Is Proposing This Rule

The DOL’s current electronic disclosure regulations for group health plans were largely established in 2002- well before smartphones, employee self-service portals, and digital communication became the norm in today’s workplaces. While the existing regulations allow electronic delivery in certain situations, such as when employees regularly use electronic systems as part of their job duties, many employers must still meet more restrictive requirements or obtain participant consent before sending required disclosures electronically.

According to the DOL, approximately 2.8 million ERISA-covered group health plans distribute as many as 11 billion sheets of paper each year. The agency estimates that modernizing these requirements could generate approximately $3.9 billion in net cost savings over the next decade by reducing printing and mailing expenses while giving participants additional ways to receive required information.

What the Proposed Rule Would Do

The proposed regulation establishes a voluntary electronic disclosure safe harbor for ERISA-covered group health plans. Rather than replacing existing disclosure methods, it creates another compliance option for employers that prefer to communicate electronically with employees and their covered family members.

If finalized, employers could furnish many required health plan documents by email or make them available through a secure website, employee benefits portal or mobile application. When documents are posted online instead of being sent directly by email, participants would receive a Notice of Internet Availability (NOIA) informing them that a new document is available and providing instructions on how to access it.

Importantly, the proposal does not require employers to stop providing paper notices. Instead, it offers a voluntary safe harbor that employers may choose to use if they satisfy the rule’s requirements.

Which Health Plan Documents Would Be Covered?

The proposed safe harbor would apply to most disclosures required under Title I of ERISA for group health plans. These include familiar documents such as Summary Plan Descriptions (SPDs), Summaries of Material Modifications (SMMs), COBRA notices, HIPAA special enrollment notices, claims and appeals notices, and many other required participant disclosures.

However, the proposal would not apply in situations where another federal law or regulation specifically requires paper delivery. Employers would still need to comply with any separate distribution requirements that exist outside of ERISA.

Employer Responsibilities Under the Safe Harbor

Although the proposal would simplify electronic delivery, employers would still need to satisfy several important requirements before relying on the new safe harbor.

First, employers must have a valid electronic address for each participant or beneficiary. This may include a work email address, a personal email address or a mobile phone number capable of receiving text messages and internet-based notices. Employers would also be responsible for taking reasonable steps to identify and correct invalid or undeliverable electronic addresses to help ensure participants continue receiving required disclosures.

Before using electronic delivery under the safe harbor, employers would also need to provide participants with a one-time paper notice explaining how electronic delivery will work. This notice must inform participants that covered documents will generally be provided electronically, explain how they will receive future disclosures and notify them of their right to request free paper copies or opt out of electronic delivery altogether.

The proposal also establishes standards for how electronic documents must be furnished. Documents must be readily accessible, printable and downloadable, while employers must use measures reasonably designed to protect participants’ confidential information. If documents are posted online rather than emailed directly, employers must also provide a NOIA each time a new disclosure becomes available.

Finally, participants would continue to have significant rights under the proposed rule. Employees and beneficiaries could request paper copies of any covered document at no charge or choose to opt out of electronic delivery entirely, allowing them to continue receiving all required disclosures in paper form.

What the Proposal Could Mean for Employers

If finalized, the proposed safe harbor could help employers modernize their benefits communication strategy while reducing administrative burdens associated with printing and mailing required notices.

Organizations that already rely on employee self-service portals or digital benefits platforms may find it easier to deliver required disclosures using systems employees already access on a regular basis. Electronic delivery may also reduce delays associated with traditional mail, while making it easier for participants to retrieve plan information whenever they need it.

In addition to improving communication, many employers may benefit from stronger document management capabilities. Depending on the technology used, electronic delivery systems can simplify document retention, improve organization and provide records that support compliance efforts.

Preparing for a Potential Transition

Although the proposal has not yet been finalized, employers may want to begin evaluating whether their current benefits administration systems could support the new safe harbor if it becomes available.

This includes reviewing the accuracy of employee electronic contact information, confirming that benefits platforms can securely distribute required documents, establishing procedures for addressing undeliverable electronic notices and ensuring processes exist for honoring requests for paper copies or opt-outs from electronic delivery.

Taking these steps now can help organizations prepare for future compliance changes while identifying opportunities to modernize existing communication practices.

Final Thoughts

The DOL’s proposed electronic disclosure safe harbor represents another step toward aligning employee benefits administration with today’s digital workplace. By providing employers with a voluntary framework for delivering many required health plan notices electronically, the proposal has the potential to reduce administrative costs while improving how participants receive important plan information.

It is important to remember that this proposal has not yet taken effect. The DOL is currently accepting public comments before determining whether to issue a final regulation. Until a final rule is published and becomes effective, employers should continue following the existing ERISA electronic disclosure requirements for group health plans.