DOL Proposes Electronic Delivery for Health Plan Disclosures
The DOL proposed allowing electronic delivery of group health plan disclosures under ERISA.
Why it matters: Legal and compliance teams must prepare for significant changes in benefits communication, impacting operational workflows and regulatory compliance. The shift reduces paperwork while preserving participant choice for paper notices.
- The July 22, 2026 proposal covers about 2.8 million group health plans under ERISA.
- It permits electronic delivery of required disclosures, replacing most paper mailings.
- The DOL estimates $3.9 billion savings over 10 years from reduced printing and postage.
- Participants can opt out of electronic delivery and request paper disclosures if preferred.
On July 22, 2026, the U.S. Department of Labor (DOL) proposed a rule to modernize disclosures for group health plans covered by the Employee Retirement Income Security Act (ERISA). The proposal establishes a safe harbor permitting about 2.8 million such plans to deliver required notifications and documents electronically.
Currently, group health plans print and mail an estimated 11 billion sheets annually for disclosures. The DOL calculates that shifting to electronic delivery could save approximately $3.9 billion over the next decade by cutting printing and postage expenses.
The proposal requires plan administrators to notify participants and beneficiaries that disclosures will be posted online. However, individuals maintain the right to opt out of electronic delivery and continue receiving paper communications upon request. This approach aims to balance modernization efforts with participant preferences.
The proposed rule was published in the Federal Register on July 23, 2026, with a comment deadline set for September 21, 2026. Adoption of the rule would align with broader federal initiatives to reduce administrative burdens through digital processes.
Legal and compliance professionals managing ERISA group health plans should start reviewing current communications workflows and consider changes needed to integrate electronic delivery systems while ensuring participant notification and opt-out mechanisms comply with the final requirements.
By the numbers:
- 2.8 million — ERISA-covered group health plans affected by the proposal
- 11 billion — annual sheets of paper currently mailed for plan disclosures
- $3.9 billion — estimated savings over 10 years from electronic delivery
Yes, but: The proposal’s implementation timeline and final regulatory details are pending after the comment period closes on September 21, 2026, leaving some uncertainty for planning.
What's next: Stakeholders can submit comments on the proposed rule through September 21, 2026, after which the DOL will finalize the regulation.