Can You Email ICHRA Notices Instead of Mailing Them?

We get this question constantly from employers implementing Individual Coverage Health Reimbursement Arrangements (ICHRAs): "Do we really have to mail these notices, or can we just email them?"

After helping thousands of employers through ICHRA implementations, we can tell you the answer is nuanced. However, in most cases, yes, you can deliver ICHRA Notices and other compliance documents electronically. The key is understanding the Department of Labor's safe harbor rules and applying them correctly to your workforce.

The Reality of Electronic Notice Delivery

The Department of Labor (DOL) created safe harbor provisions specifically to help employers move away from expensive, slow paper mailings. But here's what we've learned from working with employers across every industry: many are either over-complicating this or missing critical requirements entirely.

The safe harbor has two basic components that determine whether electronic delivery works for your situation.

When Electronic Delivery Works

If your employees regularly use company email or computer systems as part of their job—what the DOL calls "wired at work" employees—electronic delivery is straightforward. Think office workers, managers, anyone who's already getting Human Resources (HR) communications digitally.

For these employees, you can send ICHRA notices by email without jumping through additional hoops. You just need to ensure the delivery method is reasonably designed to reach them and that you're protecting confidential information.

We've seen this work seamlessly for professional services firms, corporate offices, and most white-collar environments. The compliance risk is minimal when employees are already accustomed to receiving important work information electronically.

Where It Gets Complicated

The challenge comes with employees who don't have regular electronic access at work—field staff, manufacturing workers, retail employees, or anyone who primarily works offline.

For these workers, you need their explicit consent before relying on electronic delivery. This isn't just a checkbox exercise. The consent process requires explaining what documents they'll receive electronically, how they can withdraw consent, how to request paper copies, and what technology they'll need to access the documents.

In our experience, this consent requirement trips up a lot of employers. They assume they can just add language to an employee handbook or send a blanket email asking for electronic delivery consent. That doesn't meet the DOL's standard for informed, affirmative consent.

What Actually Works in Practice

Here's what we recommend based on real-world implementations:

For office-based employees: Email delivery with read receipts or delivery confirmation. Include clear language that the notice is required and that employees can request paper copies at no cost.

For mixed workforces: Segment your approach. Email the office workers, mail notices to field staff, or collect proper electronic consent during onboarding for non-wired employees.

For manufacturing or retail: Unless you're set up to collect meaningful electronic consent, paper delivery is often the simpler compliance path.

The Delivery Method Details Matter

Whether you're emailing or mailing, the notice content stays the same. But electronic delivery adds some specific requirements:

The email or electronic document must look and read like the paper version would. You can't just send a brief email with a link buried somewhere on your intranet.

You need reasonable assurance the employee actually received it. This could be read receipts, bounce-back monitoring, or periodic audits to catch delivery failures.

Most importantly, you must tell employees the document is important and that they can get a free paper copy if they want one.

Common Mistakes We See

The biggest mistake is treating all employees the same way. A law firm can probably email everyone. A construction company with field crews likely cannot—at least not without proper consent procedures.

Another frequent issue is assuming that employees who have company email addresses are automatically "wired at work." The test isn't whether they have an email—it's whether they regularly use electronic systems as part of their job duties.

We also see employers overthinking the technology requirements. You don't need sophisticated delivery tracking systems. Basic email with reasonable follow-up procedures usually meets the standard.

The Bottom Line

Electronic ICHRA notice delivery is compliant and practical for most employers, but it requires understanding your workforce and following the right procedures for each employee type.

Don't let perfect be the enemy of good here. If you're unsure about electronic delivery for some employees, send them paper notices. The cost of mailing is minimal compared to the risk of non-compliance.

The goal is getting required information to your employees in a way they can actually use it.

Need help navigating ICHRA notice requirements for your specific situation? This is exactly the kind of compliance guidance we provide through our ICHRA implementations. Every workforce is different, and the delivery method should match your reality. Get in touch today to learn more.