Short answer: Yes. An agent may assist with distributing SBCs, but legal responsibility for compliance remains with the employer or insurer.
Agents and brokers often assist employers with administrative aspects of Summary of Benefits and Coverage (SBC) compliance, including distribution. This assistance does not transfer legal responsibility for meeting SBC requirements.
An agent may help by providing SBCs received from the insurance carrier or third-party administrator, including SBCs in enrollment materials, uploading SBCs to an online benefits platform, or coordinating delivery during open enrollment or onboarding. Agents may also help employers track timing requirements and deadlines.
Despite this assistance, responsibility for SBC compliance is determined by plan type. For fully insured plans, insurers are generally responsible for preparing the SBC, while employers are responsible for ensuring it is distributed properly. For self-funded plans, employers are responsible for both preparation and distribution. Assistance from an agent does not change these obligations.
SBC requirements are enforced based on who is legally responsible under federal rules, regardless of whether an agent participated in the distribution process.
Sources
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Centers for Medicare & Medicaid Services, Summary of Benefits and Coverage (SBC)
https://www.cms.gov/cciio/resources/forms-reports-and-other-resources/summary-of-benefits-and-coverage -
U.S. Department of Labor, Summary of Benefits and Coverage Final Rule
https://www.dol.gov/agencies/ebsa/laws-and-regulations/laws/affordable-care-act/for-employers-and-advisers/summary-of-benefits-and-coverage
Content history
Originally published: June 16, 2025
Last reviewed: January 25, 2026