Electronic Disclosure by Group Health Plans Under ERISA

This proposed rule sets forth a new, additional safe harbor for group health plan administrators to use electronic media (e.g., email or web portal) to furnish documents and information to participants and beneficiaries of plans subject to the Employee Retirement Income Security Act of 1974 (ERISA). This proposal, if finalized, would allow plan administrators who satisfy specified conditions to provide participants and beneficiaries with a notice that certain disclosures will be made available electronically on a website. Individuals who prefer to receive these disclosures on paper will be able to request paper copies and to opt out of electronic delivery entirely. The Department expects that the proposal, if finalized, would improve the effectiveness of the disclosures and significantly reduce the costs and burden to group health plans associated with furnishing many of the recurring disclosures.