DOL Proposes New Electronic Disclosure Safe Harbor for Group Health Plans Under ERISA
The U.S. Department of Labor recently issued proposed regulations that introduce a new electronic disclosure safe harbor for group health plans under ERISA. This proposal aims to modernize how plan administrators deliver important documents to participants and beneficiaries by utilizing a notice-and-access model. If finalized, this framework allows administrators to host required documents on a secure website while providing electronic notices to participants rather than relying solely on paper mailings.
The proposed rules reflect the existing 2020 safe harbor currently used for pension benefit plans, but they include specific adjustments for health plans. These modifications account for the sensitive nature of health information and the regulatory intersection with HIPAA privacy requirements. Administrators must still ensure that participants have the right to receive paper copies upon request at no cost and the ability to opt out of electronic delivery entirely. The plan maintains clear safeguards to protect participant access and data privacy.
Key provisions of the proposal include the use of a Notice of Internet Availability (NOIA) sent to an electronic address provided by the participant. This notice must contain specific details about the document, instructions on how to access it, and clear statements regarding the right to request paper versions. Websites hosting these documents must be searchable, printable, and accessible for at least one year. Administrators remain responsible for ensuring their service providers, such as third-party administrators, comply with these standards if they delegate the distribution process.
This safe harbor remains a voluntary option for compliance. Plan administrators may continue to follow existing disclosure methods if they prefer. The proposal is currently subject to a 60-day notice-and-comment period that concludes on September 21, 2026. Interested parties have the opportunity to provide feedback before the Department of Labor issues a final rule. This development could offer significant administrative efficiencies and cost reductions for organizations managing group health plans while maintaining established legal protections for employees.