Can employers use e-mail systems to communicate these new disclosures to employees, and is so, do employees have a right to get a paper copy of the information from their plan?
Yes. The interim disclosure rules provide a safe harbor for using electronic media (e.g., e-mail) to furnish group health plan SPDs, summaries of material reductions in covered services or benefits and other SMMs (summaries of plan modifications and SPD changes). To use the safe harbor, among other requirements, employees must be able to effectively access at their worksite documents furnished in electronic form. Participants also continue to have a right to receive the disclosures in paper form on request and free of charge. Although the interim rule is not the exclusive means by which electronic media can be used to lawfully communicate plan information, the HIPAA safe harbor is limited to group health plans. The Department of Labor is considering extending the rule to other plans, including pension plans, and to other plan disclosures, but is exploring whether special precautions are necessary to ensure the confidentiality of electronically transmitted individual account or benefit-
Related Questions
- Can employers use e-mail systems to communicate these new disclosures to employees, and is so, do employees have a right to get a paper copy of the information from their plan?
- 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?
- May I submit my requested documents by paper copy via snail mail or fax, or as scanned documents as e-mail attachments?
