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Can employers use e-mail systems to communicate these disclosures to employees? If so, do employees still have a right to get a paper copy of the information from their plan?

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Can employers use e-mail systems to communicate these disclosures to employees? If so, do employees still have a right to get a paper copy of the information from their plan?

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Yes to both questions. The disclosure rules provide a “safe harbor” for using electronic media (e-mail) to furnish group health plan SPDs and other SMMs. To use the “safe harbor” employees must be able to get the electronic documents at their worksite (there are also some other requirements). Participants also keep the right to get the disclosures on paper when they ask for it and free of charge.

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