Labor & Employment Law Daily Wrap Up, DOL NEWS—EBSA proposes new ERISA safe harbor for electronic delivery of group health plan disclosures, (Jul 22, 2026)

By Brandi O. Brown, J.D.

EBSA has proposed a new electronic disclosure safe harbor for group health plans, allowing more required ERISA notices to be delivered via email and web portals while preserving participants' rights to paper copies and opt-outs.

The U.S. Department of Labor's Employee Benefits Security Administration (EBSA) has proposed a new rule that would make it easier for group health plans to provide required ERISA disclosures electronically. The proposal is scheduled for publication in the Federal Register on July 23.

Under the proposed regulation, group health plan administrators would be permitted to use a new electronic disclosure safe harbor that allows required documents to be furnished through email or Internet-based platforms, such as secure web portals. Individuals would receive notices directing them to online disclosures, while retaining the right to request paper copies free of charge or opt out of electronic delivery altogether.

The proposal would supplement, rather than replace, existing Department of Labor electronic disclosure rules. Currently, plan administrators may rely on a 2002 electronic disclosure safe harbor that generally applies only to employees who have work-related access to an employer's electronic information system or individuals who affirmatively consent to electronic delivery.

According to the Labor Department, the proposed changes will significantly reduce the costs and administrative burden associated with distributing recurring notices and other required communications.

“The Department of Labor is proposing to modernize communications between healthcare plans and the beneficiaries and participants they serve,” said Assistant Secretary for Employee Benefits Security Daniel Aronowitz. “If finalized, this rule will make required disclosures more efficient, significantly reduce administrative costs, and make it easier for people to access and manage their health plan documents online.”

In the past, consumer advocates, retiree groups, and some employee representatives have argued in response to similar proposals that emails can be overlooked, routed to spam folders, or sent to outdated email addresses, reducing the likelihood that participants actually read critical benefit information. Privacy and cybersecurity are also potential issues, as identified in the notice, with critics arguing that greater reliance on email and web portals exposes participants to risks associated with phishing, account compromise, or unauthorized access, particularly if plan administrators do not maintain robust security measures. The current and proposed safe harbors emphasize protections designed to ensure confidentiality and actual receipt.

The Labor Department is seeking public comment on the proposal for 60 days following its publication in the Federal Register. Interested stakeholders, including employers, plan sponsors, insurers, service providers and participant advocates, may submit comments electronically through Regulations.gov or by mail to EBSA.

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