DOL Proposed Rule Expands Electronic Health Plan Disclosures

The Department of Labor (DOL) recently issued a proposed regulation that would establish a new electronic disclosure safe harbor for ERISA-covered group health plans. If finalized, the rule would allow employers and plan administrators to use a streamlined "notice-and-access" approach for many required health plan communications, similar to the framework already available for retirement plans.  

Why This Matters 

For years, many employers have been forced to navigate outdated electronic disclosure rules that generally limit electronic delivery to employees who are considered "wired at work" or individuals who have completed a detailed consent process. 

The DOL acknowledges that today's workforce interacts with benefits information very differently than when those rules were created. With internet access and smartphone use now nearly universal, the agency believes participants can receive plan disclosures more efficiently through electronic channels while still maintaining important consumer protections.  

What Would Change? 

Under the proposal, group health plans could post required disclosures on a secure website, benefits portal, or mobile application and provide participants with a Notice of Internet Availability (NOIA) containing instructions for accessing the information.  

The proposal would cover a wide range of health plan disclosures, including: 

• Summary Plan Descriptions (SPDs) 
• COBRA notices 
• HIPAA privacy and special enrollment notices 
• ACA-required disclosures 
• Mental Health Parity disclosures 
• No Surprises Act communications 
• Other ERISA-required health plan documents  

Participant Protections Remain Front and Center 

Although the proposal would expand electronic delivery options, participants can still opt to receive these notices in other ways. 

Individuals would continue to have the right to: 

• Request paper copies free of charge. 
• Permanently opt out of electronic delivery. 
• Receive disclosures in formats that are searchable, printable, and easy to understand. 
• Access information through secure systems designed to protect personal data.  

Privacy Considerations Shape the Proposal 

One notable distinction from the retirement plan rules is the DOL's decision not to permit direct email delivery of health plan disclosures under the new safe harbor. 

Because many health plan communications may involve sensitive personal health information, the agency expressed concerns regarding privacy and confidentiality. Instead, participants would be directed to access information through secure websites or portals.  

Potential Benefits for Employers 

If finalized, the rule could help employers: 

• Reduce printing and postage expenses. 
• Streamline annual enrollment communications. 
• Simplify compliance administration. 
• Improve participant access to benefits information. 
• Align health and retirement plan disclosure practices more closely.  

What Employers Should Do Next 

The proposal is open for public comment through September 21, 2026. Employers, plan sponsors, third-party administrators, and health insurers should review the proposal and assess how a notice-and-access framework would affect current disclosure processes. 

Organizations already using benefits portals, enrollment platforms, or digital communication tools are well positioned to take advantage of the new safe harbor if it becomes final. 

Bottom Line: The DOL's proposal is the most significant update to ERISA health plan disclosure rules in decades. If adopted, it reduces administrative burden, expands digital access, and keeps participant protections intact. 

The comment period is open, but the time to evaluate your disclosure processes is now. Connect with a OneDigital Benefits Advisor to review your group health plan communications, identify gaps, and prepare for what's ahead.