Employee Benefits Law Blog
On July 22, 2026, the DOL published a proposed rule that would create a similar safe harbor for group health plans governed by ERISA that was adopted in 2020. The proposed safe harbor would allow administrators of group health plans to furnish certain ERISA-required notices and documents electronically through a notice-and-access method. Under that approach, participants and beneficiaries would receive a notice that required disclosures are available online, rather than receiving paper copies by default.
In 2020, the Department of Labor ("DOL") adopted a safe harbor that allowed retirement plan administrators to provide certain ERISA-required notices electronically, significantly reducing costs and administrative burdens for plan sponsors. For more information, see our prior post here: New Safe Harbor Announced for Electronic Disclosures Required by ERISA | Foster Swift. Notably, the 2020 safe harbor was limited to retirement plans, but the DOL indicated that it would continue to consider whether similar relief should be available for employee welfare benefit plans. On July 22, 2026, the DOL published a proposed rule that would create a similar safe harbor for group health plans governed by ERISA.
The proposed safe harbor would allow administrators of group health plans to furnish certain ERISA-required notices and documents electronically through a notice-and-access method. Under that approach, participants and beneficiaries would receive a notice that required disclosures are available online, rather than receiving paper copies by default. This method is explained in more detail in our previously linked article.
There are two important limitations that plan administrators should keep in mind. First, the proposed safe harbor would not permit email delivery as the method of electronic disclosure. Instead, the proposal appears to contemplate electronic access through a website or similar platform, paired with the required notice. Second, the proposed safe harbor would apply only to group health plans. It would not extend to other employee welfare benefit plans that provide benefits in the “event of sickness, accident, disability, death or unemployment, or vacation benefits, apprenticeship or other training programs, or day care centers, scholarship funds, or prepaid legal services” that are not group health plans.
To review the full text of the proposed safe harbor, see the DOL's publication in the Federal Register here: Electronic Disclosure by Group Health Plans Under ERISA.
If you have questions about the proposed safe harbor or how it may affect the administration of your group health plan, please contact a member of our Employee Benefits Practice Group. We will continue to monitor this proposed rule and provide an update if a final rule is issued.
ShareholderAmanda Dernovshek is an employee benefits attorney in our Business and Tax group. Her practice focuses on issues related to employee stock ownership plans (ESOPs), non-qualified deferred compensation plans, qualified ...
ShareholderJulie is an experienced attorney with over a decade of practice focused on employee benefits and retirement plan compliance. She advises employers, plan sponsors, and fiduciaries on the design, operation, and governance of ...
ShareholderMindi Johnson is one of very few Michigan attorneys who concentrate their practices on Employee Stock Ownership Plans (“ESOPs”). In that regard, she serves as a trusted partner of selling shareholders (assisting with the ...
AssociateOlivia Reid is an associate in Foster Swift's Business & Tax Practice Group in Lansing, Michigan. She helps business owners, nonprofit organizations, and individuals navigate complex legal and tax matters, with a particular focus ...
