EBSA Proposes to Extend E-Delivery Rules to Group Health Plans
A new regulatory proposal would modernize group health plan communications, while also significantly reducing the cost of providing required plan disclosures.
The Employee Benefits Security Administration (EBSA) recently released a proposal that would modernize group health plan disclosures by allowing plans covered by the Employee Retirement Income Security Act (ERISA) to take advantage of the same electronic delivery safe harbor applied to retirement plans since 2020, otherwise known as the “notice and access rule.”[i] If finalized, EBSA expects the proposal to significantly reduce the costs associated with providing required disclosures.
Currently, group health plans can take advantage of the 2002 electronic delivery safe harbor for electronic delivery, which requires individuals to be “wired at work” – meaning that they have “effective access” to electronic documents at work or otherwise affirmatively consent to electronic delivery. The proposed safe harbor would eliminate having to obtain prior consent for anyone with an electronic address (mobile phone number capable of receiving electronic notices or email address).
How is the Proposal Similar to the 2020 Safe Harbor for Retirement Plans?
Initial Paper Notice: As with the retirement safe harbor, the plan must send an initial paper notice stating that covered notices will be provided electronically with an explanation of the right to request paper copies free of charge.
Electronic Address: Both safe harbors require an electronic address for each covered individual.
Notice of Internet Availability: The plan may post the required disclosures in an online location and send participants an electronic notification (Notice of Internet Availability) explaining how to access the document, generally an email with a link. The notification must include a disclaimer that the individual has a right to request a paper copy.
Secure Website Location: The notices must be uploaded to a secure platform, be available the same day the individual is notified, and remain at the location for at least one year.
How is the Proposal Different from the 2020 Safe Harbor for Retirement Plans?
Only Applicable to Notices for ERISA Group Health Plans: The proposed safe harbor for group health plans would be available for any document that the administrator is required to furnish to participants and beneficiaries pursuant to Title I of ERISA.
However, the proposed safe harbor would not be available to non-group health plans under ERISA, such as life insurance, disability, unemployment, vacation benefits, training programs and other benefits.
No Attached Notices in Emails: Unlike retirement plans, group health plans would not notify via the direct email method that a retirement plan assumes under the 2020 safe harbor notice due to privacy concerns regarding health information.
HIPAA and Other Federal or State Laws: The group health plan must consider privacy and security requirements under the Health Insurance Portability and Accountability Act (HIPAA) as a covered entity, in addition to other federal or state privacy laws, when authorizing electronic delivery of notices.
Documents Furnished Upon Request: The proposed safe harbor would extend to documents that need only be furnished upon request.
Service Providers
In its proposal, EBSA acknowledged that health insurance issuers may be involved in supplying the required disclosures on behalf of the group health plan. EBSA will authorize a written agreement between the plan sponsor and the issuer to permit use of the safe harbor by the issuer.
If finalized, plans should consider incorporating or revising electronic delivery provisions in agreements with insurance carriers and third-party administrators (TPAs).
Required Group Health Plan Notices
Below is an overview of the group health plan notices and information that generally must be provided. This list is not intended to be an exhaustive list.
- Summary Plan Description (SPD)
- Summary of Material Modifications (SMM)
- Summary of Benefits and Coverage (SBC)
- Summary Annual Report (SAR)
- Special Enrollment Rights Notice
- HIPAA Notice of Privacy Practices
- COBRA Notices
- CHIP Premium-Assistance Notice
- Medicare Part D Creditable or Non-Creditable Coverage Notice
- Women’s Health and Cancer Rights Act (WHCRA) Notice
- Newborns’ and Mothers’ Health Protection Act (NMHPA) Notice
- Michelle’s Law Notice
- Marketplace Coverage Options Notice
- Grandfathered Health Plan Notice, if applicable
- Patient Protection Notice, if applicable
- No Surprises Act Disclosure
- Claims and Appeals Notice
- MHPAEA Notice
- Wellness Program Disclosure
- GINA Disclosure
- Transparency in Coverage Disclosures
What’s Next?
The proposal is currently in its comment stage, with the comment period ending on Sept. 21, 2026. If finalized, the proposal will be available beginning with the first calendar year following publication of a final rule, although, because it is an optional safe harbor, plans could continue using existing paper or 2002 electronic delivery methods if they prefer.
Nevin Adams, JD is Chief Advisor Strategist at Endeavor Retirement. Nevin is the former Chief Content Officer and Head of Retirement Research for the American Retirement Association, where he was responsible for the media business of the association, including the development and deployment of all association media. One of the retirement industry’s most prolific writers, these days he’s “retired”, which means he writes less, but continues to keep his eye on developments in, and threats to, the nation’s private retirement system.
Bryn White, JD is an attorney at Endeavor Law, where she advises clients on plan design and documentation, fiduciary obligations, interpretation of complex legal requirements, and risk management. Bryn previously practiced law at a boutique ERISA law firm and is well-versed in an array of employee benefits matters, including health and welfare and retirement plans.
[i] U.S. Department of Labor, Employee Benefits Security Administration, “Electronic Disclosure by Group Health Plans Under ERISA,” proposed rule, 91 Fed. Reg. 46,602 (July 23, 2026), https://www.federalregister.gov/documents/2026/07/23/2026-14917/electronic-disclosure-by-group-health-plans-under-erisa.