Who Really Owns the Agent of Record?

The individual coverage HRA (ICHRA) is one of the most talked-about benefits strategies of the past few years and for good reason. It gives employers more flexibility, gives employees more choice, and allows brokers to tailor solutions for groups that don’t fit the mold of traditional group health plans.

But there’s a darker side to the ICHRA trend that’s not getting enough attention: brokers are losing the agent of record (AOR) without realizing it.

Too often, ICHRA vendors position themselves as helpful administrators or tech platforms, while quietly assuming the AOR or broker of record (BOR) role and effectively taking over the relationship. If you’ve ever referred a client to a vendor “just to explore ICHRA,” only to find yourself locked out of the conversation six months later, you’ve seen how quickly this can happen.

Here’s what brokers need to know and how Ameriflex helps protect the AOR relationship you’ve worked hard to build.

The Hidden Risk of "Helpful" Vendors

On the surface, many ICHRA vendors appear to offer brokers a helping hand. They promise to set up the plan, manage the employee shopping experience, and even handle employee communication. It seems like a value-add until you dig deeper.

Behind the scenes, many of these vendors:

• Actively enroll employees into individual coverage and collect commissions

• Establish themselves as the new AOR or BOR with the carriers

• Control the plan design and contribution strategy

• Lock the broker out of future renewals or strategy planning

In other words, by handing over what seems like a narrow administrative task, brokers can unknowingly give up control of the client relationship and the revenue that comes with it.

Real-Life Scenario: How Brokers Lose the AOR

Let’s say you have a client who’s struggling with group health costs and wants to explore alternatives. You introduce them to a vendor who specializes in ICHRA administration. The vendor offers to provide a proposal and host an educational session for the employer.

The employer is impressed. The vendor builds the ICHRA, manages the individual enrollment process, and streamlines the subsidy strategy. But when open enrollment ends, the vendor is listed as the AOR on the individual policies. They’ve taken over the client relationship, the commission, and the advisory role.

This happens more often than many brokers realize, especially when vendors present themselves as “platforms” rather than full-service agencies.

Red Flags Brokers Should Watch For

You don’t have to be caught off guard. Here are some warning signs that an ICHRA vendor may be looking to take over your client’s account:

 Bundled services that include individual policy enrollment When vendors manage both the HRA and the insurance shopping experience, they’re likely positioning themselves to collect commissions.

“Free” setup or administration offers If a vendor isn’t charging for their services, they’re probably making up for it by capturing AOR status and long-term control.

No clear documentation on broker protections If you’re not explicitly listed as the broker of record, or if there’s no transparency around commissions, it’s time to ask questions.

Vendor requests to communicate directly with employees Direct communication with employees around individual plan options often opens the door for vendors to assume the broker role.

Ameriflex Does It Differently

At Ameriflex, we believe your clients are your clients.

When we support ICHRA implementation, we’re not here to replace you.  We’re here to empower you. We protect the AOR by offering a broker-first model built around transparency, partnership, and support.

Here’s what sets us apart:

No AOR Takeover, Ever We do not take over the broker role. You stay the advisor. We stay in the background, supporting you.

 Dedicated Support Team for Brokers We work directly with you to design the plan, prepare presentations, and troubleshoot issues without stepping on your toes.

Platform-Only Model with Carrier Agnosticism We help facilitate the ICHRA model without influencing carrier choice or policy selection.

Transparency Around Commissions and Reporting You’ll never be left wondering what’s happening behind the scenes. We ensure clarity at every stage of the process.

Your Book Is Too Valuable to Risk

We know how much time, trust, and effort goes into building your client relationships. That’s why we’ve built a model that respects the broker-client bond and gives you everything you need to lead ICHRA conversations with confidence.

Don't let a vendor turn your trusted referral into a lost client. Use this moment, while ICHRA adoption continues to grow, to position yourself as the long-term strategic partner your clients deserve.

Want to protect your AOR and grow your book with ICHRA?

Request a Proposal