Senior Care Franchise Compliance Checklist (HIPAA, Aged Care Standards, etc.)

This blog aims to address the importance of full compliance with all existing legal requirements, within the senior care industry. As such, it is necessary for you and any staff to fully understand HIPAA, the Healthcare Insurance Portability and Accountability Act. This does not apply to all settings, only those that collect and store Protected Health Information.

In law this translates to any individually identifiable health information, such as a person’s physical or mental health, any tests performed, test results, and payment details.

According to the Office for Civil Rights (OCR), there have been 152 settlements or civil money penalties under HIPAA rules to date, resulting in a total of US $144,878,972.

This may also, with agreement, be resolved with a Corrective Action Plan. This is the most common form of resolution achieved but can still cause disruption, loss of trust from clients and also carry the financial cost of implementation. Loss of trust can be devastating for a business in health care.

Lack of knowledge is no defence in law, it is something a business must know. This knowledge then emphasises the need for a person knowledgeable in all relevant areas when running a relevant business which collects said information. Many businesses are now looking to automation to assist with this task, but it still needs human oversight to ensure not only correct compliance with the law but ensuring this is ongoing.

Storage and Security of Data

The following information can be helpful as a starting place for your organisation. Firstly, ensure that you do collect and store Protected Health Information as defined in HIPAA.

To ease the process of bringing the necessary systems into use within your company, it is worth noting that at Guerrilla Franchising we offer senior care franchise opportunities.

We are not a franchise broker who will push you towards certain franchises. We’ll work with you to ensure you find the right business that will work for you based on your budget and circumstances. We’ll offer advice and make sure you’re prepared for the legal responsibilities.

It may be wise to employ a security officer. While this role would not cover building security, it does cover the information itself and the room or system where it is held. The first task would be a business wide audit to understand where, and how, protected healthcare information is collected and stored within your business. This can also be a good point at which to check that there are not duplicated collection points, and therefore unnecessary storage of information.

It is also useful to consider the human side and be sure that all clients are giving the relevant consent to the storage and collection of this. It is also important to keep any client consent given for things such as procedures performed. The same applies to any information that may be shared with other secure locations, as allowed within law.

Having ensured that everything is compliant, or having taken the necessary steps to achieve it, you will also need a policy in place to report any breaches that may occur to the Office of Civil Liberties.

Implementing the Systems

Once you have all the relevant systems and people in place, it is important to train all staff in the full details of PHI and HIPAA and ensure the full understanding of these as well as implications of failure to follow them. You also need to record any training given in relation to this and also ensure new hires also receive relevant training as part of their onboarding.

This emphasises the need for accurate record keeping in staff members attending these trainings and to maintain these records. It is also required that the collection and storage of data be restricted to only the relevant staff.

Once all these steps have been completed, compliance needs to be an ongoing situation, with any changes in the relevant legislature effectively communicated to all relevant staff.

Job Opportunities

If you are looking at a possible franchise opportunity yourself, this could be a great one. Due to the aging population, elderly care is ever more in demand. This can be in home or within institutional settings and allow you to build a business that, while profitable and engaging, will also have a socially beneficial element within it.

It is an area that will not be affected by recession, and you can easily grow your business to a size that you are happy with. If you are adaptable with great organisational, communication and problem-solving skills this could be a perfect fit for you.

A background in medicine or nursing is not needed as this is purely about legal compliance. Hera at Guerrilla Franchising we can match you with many franchises including senior care franchise opportunities. Contact us today to claim your free 15-minute consultation and start the process of building your own business.

Disclaimer: All figures, costs, and estimates provided in this article are for illustrative and general informational purposes only. Actual amounts may vary significantly depending on location, brand, market conditions, and individual franchise or brokerage agreements.

Author

dan.lorenz

Dan Lorenz is not your typical franchise consultant. A retired U.S. Army Special Forces Officer turned multi-unit franchise owner, Dan is the founder of Guerrilla Franchising, a no-fluff, no-BS advisory platform built for executives, veterans, and investors ready to ditch the cubicle and build real wealth through franchise ownership. Dan’s journey into franchising didn’t start in a boardroom. It started at rock bottom, after returning from a high-impact deployment to a soul-crushing corporate gig that nearly broke him. One early morning breakdown and a phone call to his brother later, he was opening his first franchise. That pivotal moment sparked a mission: to teach others how to reclaim control of their lives the same way he did, through disciplined, deliberate, and unconventional thinking. Today, Dan owns multiple franchises, including CYCLEBAR NoMa, and previously built and exited a successful Mosquito Authority location. As a Franchise Consultant with FranChoice and the driving force behind Guerrilla Franchising, Dan has helped hundreds cut through the noise of 4,500+ models to find businesses that actually fit, financially, operationally, and personally. Dan’s candidates don’t get sugarcoated pitches or shiny sales decks. They get radical honesty, military-grade strategy, and a partner who treats their goals like a mission: define the objective, evaluate the terrain, deploy capital with precision, and execute. Whether you're a C-suite exec, a veteran transitioning to civilian life, or an investor chasing scalable income, Dan’s guiding principle is simple: Get money. Buy income. Build a business that pays you in both cash flow and time. This isn’t about chasing passion projects. It’s about creating leverage, buying back your time, and building a life that’s yours. If you’re done playing small, Dan’s ready to help you make your next move your best one.