The Department of Labor’s Employee Benefits Security Administration proposed a rule on July 22, 2026 (published in the Federal Register on July 23) that would add a new, optional electronic disclosure safe harbor for ERISA group health plans.
This is not a mandate to go paperless tomorrow. The 2002 “wired at work” / consent-based electronic delivery safe harbor would remain available, and paper delivery would still work. The proposal adds another path, closer to the 2020 pension e-delivery safe harbor.
Why plan sponsors and TPAs should care
Group health plans generate a lot of required paper: SPDs and SMMs, COBRA election and other continuation notices, claims and appeals notices, and other ERISA disclosures. DOL’s release estimates roughly 2.8 million ERISA group health plans could use the safe harbor, and projects multi-billion-dollar mailing savings over ten years if the rule is finalized as proposed.
As drafted, the idea is familiar if you work retirement plans: post documents electronically and send a Notice of Internet Availability (email or text) rather than relying only on workplace email access or affirmative opt-in. Trade summaries emphasize that the proposal is aimed at group health plans, not every other welfare plan (life, disability, and similar arrangements are outside the current proposal’s scope).
It is still a proposal
Comments are due September 21, 2026. Until a final rule publishes with an applicability date, keep using your current delivery method that already satisfies ERISA. Do not rewrite COBRA or SPD procedures solely on the NPRM.
What employers should do now
- Inventory which required notices you (or your TPA/carrier) still mail, and what email/mobile contact data you already collect.
- Ask vendors whether they plan to support a notice-of-internet-availability workflow if the rule finalizes.
- If the proposal would help — or create participant-access concerns for your workforce — submit comments by the September deadline.
- Keep paper and existing e-delivery paths intact until final regulations say otherwise.
Modern notice delivery would be a real operational win for many employers. Treat this week’s announcement as a planning signal, not a green light to stop mailing tomorrow.