On July 23, 2026, the Department of Labor published a proposed rule that would give group health plans a new, additional way to furnish required ERISA disclosures electronically. It adds to the existing 2002 “wired at work” safe harbor rather than replacing it.

How the Proposed “Notice-and-Access” Model Works

Instead of emailing documents, plans would post them online and send a short notification pointing participants to them.

Graphic: dol-notice-and-access-steps.png

Key Points

• Health plans only. The proposal applies to ERISA group health plans, not to other welfare plans such as disability or life insurance.
• Broad document scope. “Covered documents” would include documents the administrator must furnish under Title I of ERISA, including SPDs, SMMs, and documents furnished only upon request.
• Reaches beyond the workplace. Unlike the 2002 safe harbor, it isn’t limited to employees who use computers as part of their jobs, which could help plans reach retirees and other former employees.
• Adult dependents count separately. Dependents age 18 or older who provide their own email or phone number can receive their own notifications.
• Collect and maintain current email addresses and mobile numbers for participants and beneficiaries.
• Track opt-outs and paper-copy requests, and fulfill them free of charge.
• Keep records showing what was posted, when notifications were sent, and to which contact point.
• Coordinate with carriers and vendors on who sends the initial paper notice and ongoing notifications.

What This Could Mean for COBRA Administration

Because the proposed definition of covered documents is broad, it may affect how COBRA-related disclosures are delivered to qualified beneficiaries, who are often former employees without work email access. Until a final rule is issued, current delivery methods remain in place. If the rule is finalized, employers and their administrators should be ready to:

We’ll continue to monitor the proposal and share updates when a final rule is published.

Sources: Groom Law Group, “Going Digital: DOL Proposes New, Additional E-Delivery Safe Harbor for Group Health Plans” · Federal Register, Proposed Rule 2026-14917