DOL Paving the Way for Electronic Delivery of Health Plan Disclosures

Author: Michael Cardman, Brightmine Senior Legal Editor

July 27, 2026

The US Department of Labor (DOL) wants to make it easier for Employee Retirement Income Security Act (ERISA)-covered group health plans to deliver plan disclosures electronically.

It recently proposed regulations that would allow plan administrators to provide notices through electronic media, such as email or web portals. Plan participants would still have the right to receive paper copies and to opt out of electronic delivery entirely.

Under the current rules, electronic delivery is limited to workers who have regular access to an employer-provided computer and email address or who affirmatively consent to receiving disclosures electronically. Under the DOL's proposed rule, group health plan administrators could satisfy ERISA disclosure obligations by notifying participants and beneficiaries when required documents are available online, as long as they meet certain conditions. 

"This proposal replaces outdated paperwork with clear, accessible digital tools that help families get the information they need, when they need it," said Acting Labor Secretary Keith Sonderling. "It's a common-sense change that delivers real savings and better service for workers across the country."

The agency estimates its changes could help some 2.8 million group health plans save $3.9 billion over the next 10 years and keep billions of pages of mailed paper disclosures out of the landfills.

The DOL invites comments about the proposed rule online or by mail until September 21, 2026. In particular, the agency wants to hear about how many plan participants currently receive documents and notices electronically and how it could estimate the change in participation that would result from its proposed rule.