Employee Benefits Security Administration proposes default electronic delivery option for group health plan disclosures
As of our last check on November 2, 2026, this is a proposal, not a requirement. Comments closed September 21, 2026.
We check the Federal Register daily for later actions. We check federal court opinions for rulings on published rules weekly, on Mondays. A ruling can take time to reach us, so not finding one here does not mean there is none.
In short
- What changed
- The Employee Benefits Security Administration (EBSA) proposes a new, optional way for group health plans covered by the Employee Retirement Income Security Act (ERISA) to deliver required notices electronically by default. Plans would post documents on a website and send an electronic notice, while people keep the right to free paper copies and to opt out.
- Who's affected
- Employers that sponsor ERISA-covered group health plans, their plan administrators, and insurers or third-party administrators that send plan disclosures for them. Other welfare plans, such as disability or life insurance, are not included.
- What to do
- This proposed rule creates no new duties for employers. If you sponsor a group health plan, consider whether you would use the new option, and send any comments by September 21, 2026.
What changed
-
From the sourceSUMMARY
This proposed rule sets forth a new, additional safe harbor for group health plan administrators to use electronic media (e.g., email or web portal) to furnish documents and information to participants and beneficiaries
The agency proposes a new, additional safe harbor that would let group health plan administrators use electronic media to furnish required documents to participants and beneficiaries.
-
From the sourceSupplementary Information, I.D
the Department proposes to amend part 2520 by adding a new section 2520.104b-32 to provide a new safe harbor to group health plan administrators to rely on for disclosure through electronic media that largely mirrors the 2020 safe harbor. This proposal would not change either of the existing safe harbors.
The new safe harbor would be a new section of the Code of Federal Regulations (CFR) at 29 CFR 2520.104b-32. It would largely mirror the 2020 safe harbor for pension plans and would not change the existing safe harbors.
-
From the sourceSupplementary Information, II.C
under this proposed rule, the electronic disclosure safe harbor would be available for documents that must be furnished only upon request.
Unlike the pension version, the safe harbor would also cover documents that must be furnished only upon request.
-
From the sourceSupplementary Information, II.E
an alternative method for disclosure of covered documents through email systems would not be available.
Unlike the pension version, plans could not deliver the documents themselves by email under this safe harbor. They would have to use a website, because of privacy concerns about health information.
-
From the sourceSupplementary Information, II.F
the administrator may not charge for paper copies.
Also: Supplementary Information, II.F
covered individuals must have the right, free of charge, to globally opt out of electronic delivery and receive only paper versions of covered documents.
Participants could request paper copies without any charge, including additional copies, and could opt out of electronic delivery entirely, free of charge.
-
From the sourceSupplementary Information, II.B
a dependent child who is a beneficiary under the group health plan qualifies as a covered individual if he or she has attained 18 years of age
A dependent child age 18 or older who gives an electronic address could receive disclosures electronically in their own right.
-
From the sourceSupplementary Information, II.G
the administrator is not required to furnish a paper copy of an initial notification of default electronic delivery for covered individuals who, prior to the first day of the first calendar year following date of publication of the final rule, have been receiving documents
The initial notice of default electronic delivery would not have to be sent on paper to people already receiving disclosures electronically under the 2002 safe harbor.
-
From the sourceSupplementary Information, II.L
The Department proposes to add a reference to 29 CFR 2520.104b-32 followed by the parenthetical phrase (for group health plans) in paragraphs (g)(1) and (j)
The claims procedure rules would be amended so that electronic notices of claim denials and appeal decisions could follow the new safe harbor.
-
From the sourceSupplementary Information, II.M
the Department proposes that the proposed rule is applicable for employee benefit plans on the first day of the first calendar year following date of publication of the final rule.
The agency proposes that a final rule would apply starting the first day of the first calendar year after the final rule is published.
Who is affected
-
From the sourceSupplementary Information, I.D
under 29 CFR 2520.104b-32, the proposed new safe harbor would be available to group health plans, as defined under ERISA section 733.
Also: Supplementary Information, I.D
The proposed safe harbor would not be available to all welfare benefit plans under section 3(1) of ERISA
The safe harbor would be available to group health plans as defined in ERISA section 733, not to all welfare benefit plans.
-
From the sourceSupplementary Information, II.C
if a health insurance issuer and a group health plan sponsor enter into a written agreement under which the issuer agrees to provide the information required under ERISA, the issuer may also utilize the safe harbor under this proposal.
A health insurance issuer could also use the safe harbor when it has a written agreement with the plan sponsor to provide the required disclosures.
-
From the sourceSupplementary Information, III.G.1
The Department estimates there are 2,765,373 ERISA-covered group health plans ... with 134.7 million participants and beneficiaries.
The agency estimates about 2.77 million ERISA-covered group health plans, with 134.7 million participants and beneficiaries.
-
From the sourceSupplementary Information, II.B
if an electronic address is assigned by an employer to an employee for employment-related purposes that include but are not limited to the delivery of covered documents, the employee is treated as if he or she provided the electronic address.
An employee who has a work email address assigned by the employer for purposes that include delivering plan documents would be treated as having provided that address.
What it means in practice
-
From the sourceSupplementary Information, I.D
plan administrators for group health plans who decide to continue relying on the existing 2002 safe harbor for electronic delivery, or to furnish paper documents by hand-delivery or by mail, can continue to do so.
The safe harbor would be optional. Plans could keep using the 2002 safe harbor or keep delivering paper.
-
From the sourceSupplementary Information, III.I.5
resulting in a cost savings of approximately $402 million per year.
Also: Supplementary Information, III.J.1
estimated as $30 million in the first year and $7 million in subsequent years
The agency estimates savings of about $402 million a year from less printing and mailing. It estimates about $30 million in costs in the first year and $7 million in later years.
-
Our analysisSupplementary Information, II.E
group health plan administrators must ensure the existence of an internet website at which a covered individual is able to access covered documents.
Also: Supplementary Information, II.G
the administrator for a group health plan is required to furnish to each individual, prior to the administrator's reliance on the electronic delivery safe harbor, a notification that covered documents will be furnished electronically to an electronic address
Also: Supplementary Information, II.F
the system for furnishing a NOIA must be designed to alert the administrator of a covered individual's invalid or inoperable electronic address.
Also: Supplementary Information, II.H
the administrator of a group health plan must take measures reasonably calculated to ensure the continued accuracy and availability of such electronic address or to obtain a new electronic address that enables receipt of covered documents following the individual's severance from employment.
A plan that uses the safe harbor would need several things in place: a website for the documents, an initial notice before relying on it, a way to detect bad email addresses, and a process for keeping addresses current when employees leave.
-
Our analysisSupplementary Information, II.E
the Department intends to avoid a circumstance where PHI is transmitted to an employee via their company email address, where the content of such email is potentially monitored by the employer.
Employers that use work email addresses for plan notices may want to think about privacy. The agency says it wants to avoid protected health information being sent to company email that the employer may monitor.
-
From the sourceSupplementary Information, II.K
compliance with the disclosure requirements of 29 CFR 2520.104b-32 is not determinative of compliance with any other provision of applicable Federal or State law.
Following the safe harbor would not settle compliance with other laws, such as the Health Insurance Portability and Accountability Act (HIPAA) privacy rules.
What to do
Required
This is a proposed rule, so it creates no requirement for employers. Even if finalized, the safe harbor would be optional: plans could keep using the 2002 safe harbor or paper delivery.
Worth considering
-
Our suggestionDATES
comments must be received at one of the addresses provided below by September 21, 2026.
Consider submitting comments, for example on the paper initial notice, the lack of an email delivery option, or extending the option to other welfare plans.
-
Our suggestionSupplementary Information, III.D.3.a
permitting the website to be established and maintained by the issuer of group health insurance coverage in the case of insured group health plans, or by a third-party administrator or other service provider in the case of self-insured group health plans.
Consider asking your insurer or third-party administrator whether its participant website could host plan documents under the proposed safe harbor.
-
Our suggestionSupplementary Information, II.H
the administrator of a group health plan must take measures reasonably calculated to ensure the continued accuracy and availability of such electronic address or to obtain a new electronic address that enables receipt of covered documents following the individual's severance from employment.
Consider reviewing how you collect and update employee email addresses and phone numbers, including when employees leave, in case you later choose to use the safe harbor.
Open questions
The source leaves these open. We'll update this record if a later document answers them.
-
Would plans have to mail the initial notice of default electronic delivery on paper to everyone, or could it go electronically to people already receiving disclosures electronically?
-
Will the final rule extend the new safe harbor to other welfare plans, such as disability or life insurance?
-
Will the final rule let group health plans email documents directly, as pension plans can?
Related changes
History
-
Electronic Disclosure by Group Health Plans Under ERISA Source (opens in a new tab)