DOL proposed rule on electronic delivery of health plan notices

Compliance Calendar

The Department of Labor has proposed a rule that would let group health plans deliver required notices electronically by default, without each employee’s consent. It is only a proposal, but it is worth preparing for.

Key takeaways

• The proposal was published July 23, 2026, and comments closed September 21. It is not final.
• It would let an employer post required disclosures online and send a notice of availability to anyone 18 or older who has given an email address or mobile number.
• It would apply starting the first day of the first calendar year after a final rule, so January 1, 2027 only if the rule is finalized this year.
• Until it is final, today’s rules still govern.

What is changing

Group health plans must give participants a range of documents, such as the summary plan description, summaries of material modification and COBRA notices. Under a rule from 2002, electronic delivery is allowed if employees work at a computer as part of their job or have consented in a particular way. The July 2026 proposal would add a simpler “notice and access” approach for ERISA group health plans.

Under the proposal, the plan posts documents on a website and sends a notice of internet availability with a link, a statement that the person can ask for paper or opt out, and a phone number. The person must be 18 or older and have given the employer or plan an email address or mobile number. Delivery electronically would be the default without affirmative consent. Paper copies and a global opt-out must be free, and the plan must have a process for handling invalid addresses. As proposed, it covers medical plans and in some cases dental and vision, but not disability or life plans, and it does not change summaries of benefits and coverage, transparency-in-coverage or tax rules for FSAs and HSAs. Commentators disagree on whether an initial paper notice would be required, so read the final text.

Why it matters to an employer

Paper delivery is costly and slow, and many employers already send most communications by email. A safe harbor would give you legal comfort for what you do now and reduce the need to collect consents. It also puts a burden on you: you have to keep contact information current, track opt-outs, and make sure the website is usable.

What to do now

• Keep using the 2002 rule or paper until a final rule is out
• Collect and confirm personal email addresses or mobile numbers at open enrollment, with a clear explanation
• Ask your carrier, administrator or benefits platform who would host and send the notices
• Set up a way to record opt-outs and paper requests
• Watch for the final rule; we will update this article when it appears

Questions we get

Can I use the proposed rule today?

No. A proposal has no legal effect. Rely on the current safe harbor or on paper delivery.

Does it cover the summary of benefits and coverage?

As proposed, no. Those notices are governed by separate rules.

Do employees lose the right to paper?

No. They can ask for paper at no charge or opt out of electronic delivery entirely.

Sources: Department of Labor proposed rule on electronic disclosure for ERISA group health plans (published July 23, 2026), as summarized by law firms and benefits associations; 29 CFR 2520.104b-1 and 2520.104b-31. Details may change in the final rule.

Want your notice delivery process reviewed? Send us your renewal and we will check which documents you owe your plan participants and how they are delivered.