Electronic Disclosure by Group Health Plans Under ERISA

Comments Attached Comment on Proposed Electronic Disclosure Rule for Group Health Plans Under ERISA RIN 1210-AC35 | 29 CFR Parts 2520 and 2560 | September 2026 The undersigned organizations [attached], representing the print, paper, and postal value chain, which supports approximately 7.9 million jobs and $1.9 trillion in annual economic activity, respectfully submit comments in opposition to the DOL's proposed rule on Electronic Disclosure by Group Health Plans Under ERISA (the "Proposed Rule"). The DOL should withdraw or substantially revise the Proposed Rule and preserve the existing affirmative-consent framework under which participants opt-in to electronic delivery. The Proposed Rule Lacks Adequate Justification: • The existing framework reflects a deliberate policy choice: participants who prefer electronic delivery may affirmatively elect it, while those who prefer paper continue to receive it in a reliable and accessible format. • The Proposed Rule would treat participant silence or inaction as consent to a fundamental change in how important health plan information is delivered to millions of Americans. • The DOL's economic analysis lacks quantitative data and further study is needed. The Proposed Transition Process Is Insufficient: • Participants currently receiving paper delivery would receive only one paper notice before being transitioned to electronic delivery by default. For the population most attached to paper, one notice is an insufficient safeguard. • The Proposed Rule would exempt covered information from the consumer-consent protections of the E-SIGN Act, which exist to ensure consumer access. • A participant who misplaces, overlooks, or misunderstands the single notice would be transitioned without ever making an affirmative choice. The Proposed Rule Would Disproportionately Harm Vulnerable Americans: • Older Americans: Approximately 19 million seniors (32% of those aged 65 and older) lack broadband at home, and 25% do not use the internet at all. Fraud targeting older Americans has grown 300% since 2020, reaching $2.4 billion in reported losses in 2024. • Low-income households: Roughly 30 million U.S. households (22%) do not subscribe to home broadband. Among those earning under $30,000, only 54% have broadband access. • Rural residents and people with disabilities: Only 71% of rural households have broadband (vs. 84% in suburbs), and only 62% of people with disabilities own a computer. Electronic Notice-and-Access Amplifies Fraud Risks: • 65% of Americans report increasing concern that personal data held electronically is at risk of being hacked, stolen, lost, or damaged. Health-information breaches affected approximately 243 million individuals in 2024, primarily through hacking. The Proposed Rule's notice-and-access method, of directing participants to click an emailed link and log in to retrieve sensitive health plan data, is functionally indistinguishable from the phishing attempts consumers are warned to ignore. Requested DOL Actions: • Delay finalization of the Proposed Rule and extend the comment period to permit independent study of the rule's demographic and economic impact on participants. • Conduct additional economic analysis as part of a cost-benefit review, including independent research on receipt and engagement rates for electronic versus paper delivery. • Retain paper delivery as the default and require affirmative, informed consent before any participant is transitioned to electronic delivery. • Prohibit fees, surcharges, or penalties for participants who elect to continue receiving paper. • Retain E-SIGN Act consumer-consent protections for covered information rather than exempting it from those requirements. • Address fraud risks from online scams by requiring minimum baseline security standards. • Grandfather existing paper recipients so the Proposed Rule applies only to new participants. &b…