Fast Facts About the DOL Proposed Rule for Electronic Disclosures for ERISA Group Health Plans

On July 23, 2026, the U.S. Department of Labor (DOL) proposed a new rule (the “Proposed Rule”) that would offer group health plan administrators an additional safe harbor for electronically furnishing required group health plan disclosures to participants and beneficiaries.

As we explain in detail here, the Proposed Rule is modeled closely on a more permissive notice-and-access safe harbor, previously adopted only for retirement plans (not for group health plans) in 2020, essentially making electronic delivery of retirement plan documents the default, unless a participant requests paper copies or opts out. If finalized, the Proposed Rule will give group health plan administrators a modernized alternative to the more limited electronic delivery framework currently available.

What Plans, Individuals and Documents Would the Proposed Rule Apply to?

Covered Plans

Group health plans, as defined under Section 733(a)(1) of the Employee Retirement Income Security Act of 1974 (ERISA), including those providing medical, dental, and vision benefits, would gain a new safe harbor allowing plan administrators to deliver key documents electronically.

Covered Documents

The Proposed Rule would extend to any document required to be furnished under Title I of ERISA, including documents that must be furnished only when requested.

Covered Individuals

Any participant, beneficiary, or other individual entitled to Covered Documents who provides the plan with an electronic address, such as an email address or a mobile telephone number, will be able to receive notices and other documents electronically under the Proposed Rule.

What Are the Safe Harbor Requirements That, if Met, Would Permit Group Health Plan Administrators to Deliver Covered Documents Electronically?

1. The Notice of Internet Availability (NOIA): A compliant NOIA will need to be electronically provided to each Covered Individual every time a Covered Document is posted.
2. Standards for a Compliant Website: Websites on which Covered Documents are posted will need to remain accessible and to comply with certain standards.
3. Requirements for Paper Copies and Opt-Outs: Covered Individuals must be able to opt out of electronic delivery and request a free paper copy of any Covered Document.
4. Requirements for Initial Notification: Covered Individuals must receive an initial paper notification before a group health plan administrator may rely on the safe harbor.

When Will the Proposed Rule Take Effect?

The Proposed Rule is subject to a notice and comment period, during which DOL is collecting information and remarks from interested parties. The agency is expected to publish a final rule after it reviews submitted comments and has suggested that proposed rule become applicable for employee benefit plans on the first day of the first calendar year following date of publication of the final rule. If DOL finalizes the rule before the end of this year, it could apply as soon as January 1, 2027.

When Does the Public Comment Period Close for the Proposed Rule?

September 21, 2026.

Where Can I Get More Information?

See our Insight or reach out to us or one of our colleagues.

Staff Attorney Elizabeth A. Ledkovsky contributed to the preparation of this update.

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The Workforce Bulletin blog is currently edited by Adam S. Forman, Greta Ravitsky, Elizabeth S. Torkelsen, and Jennifer Stefanick Barna.