Health Plans Can Ditch Paper for Email Disclosures
Published Date: 7/23/2026
Proposed Rule
Summary
Group health plans can soon share important info online instead of paper, making it easier and cheaper for everyone. If this rule passes, plan administrators must notify members about electronic disclosures but still offer paper copies if requested. This change affects anyone in group health plans under ERISA and aims to save time and money starting after the rule is finalized.
Analyzed Economic Effects
6 provisions identified: 5 benefits, 1 costs, 0 mixed.
Plans Likely to Save Printing and Mailing Costs
The Department states the proposal, if finalized, is expected to 'significantly reduce the costs and burden to group health plans associated with furnishing many of the recurring disclosures,' because administrators could use online posting instead of printing and mailing recurring disclosures.
New Electronic Safe Harbor for Group Plans
The Department proposes a new safe harbor (29 CFR 2520.104b-32) that would let group health plan administrators use a notice-and-access electronic method to provide required ERISA disclosures online. If a plan meets the proposed conditions, administrators would notify members that disclosures are online, and members could request free paper copies or opt out of electronic delivery.
Adult Dependent Children Can Receive Notices
The proposal says a dependent child who has attained 18 years of age may qualify as a 'covered individual' if they provide an electronic address, so adult dependents can independently receive plan disclosures electronically. This applies when the adult dependent provides an email or mobile number to the employer, plan sponsor, or administrator.
Broader Set of Documents Covered Online
Under the proposal, a 'covered document' would include any document the administrator must furnish under Title I of ERISA, including documents that must be furnished only upon request. That means more kinds of plan notices (e.g., SPDs, SMMs, documents required only on request) may be provided via the safe harbor internet posting.
Required Content and Timing for NOIA Notices
The proposal requires a Notice of Internet Availability (NOIA) when a covered document is posted: it must include a prominent title (for example, 'Disclosure About Your Health Plan'), the website address or hyperlink, identification of the covered document, a statement of the right to request a free paper copy, a statement of the right to opt out of electronic delivery and how to do so, a caution that the document may not remain online for more than one year (or until superseded), and a telephone contact. A combined NOIA may be furnished once each plan year (or within 14 months if done previously).
No Direct Email Delivery of Documents Under Safe Harbor
Unlike the 2020 safe harbor for pension plans, the Department is not including an alternative that allows administrators to furnish covered documents directly to a covered individual's email address under this proposed rule, primarily due to privacy concerns.
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Key Dates
Department and Agencies
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