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Protected health information or other personal data may be collected, transmitted and stored, and may need to comply with the Health Insurance Portability and Accountability Act (HIPAA) and U.S. state privacy and security laws, as well as the General Data Protection Regulation (GDPR) if transmitted internationally.

Given the current protections around privacy laws (including the Health Insurance Portability and Accountability Act in the U.S. or the General Data Protection Regulation in the European Union), selling any employee health data to a third party is inadvisable, Oran Kiazim, senior data protection advisor at international law firm Bird & Bird, told the BBC .

Either way, it would be subject to all the federal group health plan mandates, which are: ;The Affordable Care Act (ACA); ;The Consolidated Omnibus Budget Reconciliation Act (COBRA); ;The Employee Retirement Income Security Act (ERISA); ;The Americans with Disabilities Act (ADA); ;The Health Insurance Portability and Accountability Act (HIPAA); ;The Genetic Information Nondiscrimination Act (GINA); ;The Internal Revenue Code; If a wellness plan does not provide medical care but is part of the employer’s group health plan, it may still have to comply with the above mandates if it provides rewards that impact employee healthcare premiums, deductibles or cost-sharing features.

HSA accounts are portable.

Employers will also need to confirm proper winding down of extended deadlines for claims and appeals, special enrollment under the Health Insurance Portability and Accountability Act (HIPAA) and continuation coverage elections and payments under the Consolidated Omnibus Reconciliation Act of 1985 (COBRA), which will resume within 60 days of the end of the national emergency.

TR pros should be aware of employer requirements under the Health Insurance Portability and Accountability Act (HIPAA) and consider data privacy and security when assessing options.

This legislation expands proven models of employer-provided savings and invests in portable benefits, so Americans can save for a more secure and prosperous future.”

Plans generally feature easier underwriting and group discounts, allowing employees to secure coverage for themselves and families, often portably, and helping them plan for future care needs.

Austin also recommended that employers explore Roth 401(k) plans and auto-portability of previous employer plans.

When implementing these and other strategies, U.S. employers need to consider that employees have workplace protections under the Americans with Disabilities Act (ADA) and the Health Insurance Portability and Accountability Act (HIPAA), as well as through the Equal Employment Opportunities Commission .