Compliance isn’t just a set of rules—as much as it may feel counterintuitive when you’re in the thick of implementing new updates. For a caregiver registry, compliance is a promise, narrative, and commitment to the well-being of older adults and others in need of care.
When a family member utilizes registry matching services to find care for a loved one, they trust that the person will show up and do their job well. Between your registry and clients/their families, compliance is the common thread that connects you together.
Technology will continue to be a driving force in your success, making compliance easy without adding to your plate. Here’s what we’ll go over:
- Client care compliance
- Share your registry fee ahead of time.
- Compliance challenges for home care registries
- The role of technology in compliance
Client care compliance
Compliance for client care for a registry is easier than that of a traditional home care agency, since you’re not tasked with employment-level supervision of caregivers nor client care.
Be transparent to families and clients about the match-making nature of your services. When you match a family with a caregiver and immediately exit the relationship but you’re met with families who are dissatisfied with the lack of communication, that’s because their expectations weren’t met.
Even though it might be compliant and correct in that sense, we need to be upfront with them about the nature of this unique business model, and the power and control they have instead.
The temptation to create care plans and supervise, is understandable, but not to be done here. That’s between your client, their family, and the caregiver they work with. Proper disclosure is not only a courtesy, but a component of compliance in many states, like Colorado.
Share your registry fee ahead of time.
Home care registries have a leg up in the long-term care business, because of the lower costs and direct relationship families have with caregivers. Bearing those benefits in mind, share your registry fee with families and clients before sending that invoice.
This can help them plan accordingly. It’s also a great opportunity for you to share the value of your business experience, your vetting process, and the benefits of your registry management system.
Beyond charging your registry fee, the caregiver’s pay rate is to be negotiated between them and the family. This gives you the time to work on more pressing activities while enabling families/caregivers to self-manage care.
Some compliance challenges for caregiver registries
Certain states have licensure requirements in order to operate a caregiver registry.
For the state of Oregon, as of 2024, charges a $1,500 fee for licensure. You’re also required to comply with state surveys, which could include interviewing caregivers, clients and family members, and staff members. This underscores the importance of proper record-keeping, even for old client and caregiver files.
You’re also responsible for proper vetting of your caregivers.
State regulations on the specifics vary, but generally require a criminal history record check prior to placing a client with a caregiver.
If you have any questions or concerns about what you are or aren’t able to do within a caregiver registry, be sure to review the Field Assistance Bulletin (or FAB). And if you haven’t already, be sure to find a business attorney that’s familiar with the caregiver registry space, like Polsinelli, one of our partners.
“The caregiver registry landscape is constantly changing, the rules that we know today, will not be the same rules that we play by in 2025. At Ally, we aim to be your go-to resource for all news and regulatory changes,” Julio Barea, head of sales at Ally. Check out the recent news update we shared in our newsletter.
LEGAL CORNER: On January 9th, the DOL announced a final rule on independent contractors that significantly impacts caregiver registry operations. Check out our video HERE and learn more about how you can stay on top of it.
How home care technology can be your compliance lever.
Most home care agency management systems were built for traditional home care agency businesses that employ caregivers with a W2. You might be using one today.
One concern that our customers share, is the terminology and operational processes are built for employees and employers. Entering a caregiver’s information into an “employee name” slot can begin to imply that they’re an employee.
Ally is the first registry management platform purpose-built with you in mind. From the ease of use, to electronic visit verification, each piece was built for your business model with independent contractor caregivers.
One best practice that we recommend is using a third-party payment processing system. This is because when you issue checks in your company name, it can be a cause of concern in the eyes of the DOL. Ally, for example, issues checks in our company name to caregivers, insulating you from compliance risks.
Keep your clients safe at home with compliance at bay.
Compliance isn’t just a checkbox, it’s a business lifestyle. It’s easy to be compliant and stay compliant once you’ve got the foundation in place.
Summed up, it’s getting registered and licensed, properly vetting caregivers, and fostering a dynamic of transparency with clients and caregivers.
If your registry management system isn’t helping to make your case to the DOL or other governing bodies, consider switching to Ally. Check out how one of our customers saved time and money during a DOL audit by using our platform.
Get Awesome Content Delivered Straight to Your Inbox!
Posts by topic
