EP 173: DOL Proposes New Safe Harbor for Electronic Delivery of Notices

In this episode, Chase Cannon and Suzanne Spradley discuss the Department of Labor’s proposed new electronic disclosure safe harbor for ERISA group health plans. Chase begins with some background on the current DOL electronic disclosure rules. Then, the two discuss how the proposal could modernize the delivery of required health plan notices, reduce reliance on paper disclosures, and give employers a new notice-and-access option while preserving important participant protections. They also cover practical considerations for employers, including covered documents, website requirements, bounced electronic notices, privacy concerns, and what the final rule might look like.