Inside the Audit:

A Conversation with Kimberly Diaz on Navigating a DOL Audit with Ally

Meet Kimberly Diaz, Owner of Care Matters Registry

When we spoke with Kimberly Diaz, her passion for personalized care came through immediately. With years of experience as a registered nurse and geriatric care manager, Kimberly launched Care Matters Registry in Colorado to deliver non-transactional, client-centered care. But even with her deep experience, one thing kept her on edge—compliance.

"We wanted to give clients more choice and caregivers more independence," she said. "But doing things the right way meant keeping every detail clean and compliant."

In 2022, Kimberly found herself at the center of a Department of Labor (DOL) audit—something every registry owner dreads. Even with no wrongdoing, it was a serious stress test.

The Challenge: A Suprise Audit and the Need for Proof

Kimberly had already dealt with a legal issue involving a caregiver, which had settled quietly. But soon after, the DOL came knocking.

“When they called, I was petrified,” she admitted. “Even though I thought I had done everything right, it felt like I was under a microscope.”

The DOL wanted clear evidence: caregiver independence, financial separation between businesses, and rock-solid documentation of how money moved.

Kimberly’s biggest concerns:

• Proving caregivers were independent and paid outside her business

• Showing clear agreements between caregivers and clients

• Sharing clean QuickBooks records, tax documents, and P&Ls

• Demonstrating her registry operated separately from her other companies

The Solution: A Team Effort Backed by Ally

Kimberly didn’t face the audit alone. She leaned on Ally and legal counsel Russ Hollrah—experts who understood the registry model inside and out.

"Richard, my Ally account manager, worked directly with the auditor. He explained how our payments flowed and shared the records they needed. I wasn’t on my own."

Ally handled the paperwork. Serenity Engage, her HIPAA-compliant messaging app, reinforced caregiver independence. And perhaps most importantly, caregivers themselves understood their role.

“The DOL tried to trip them up, but they knew - they weren’t employees. That was huge.”

The Results: Full Clearance After a 6-Month Audit

The audit lasted six months and included interviews with caregivers, clients, and Kimberly. But in the end, everything checked out.

Thanks to Ally and a clear separation of responsibilities, the DOL closed the audit with no violations.

• 100% of documentation delivered on time

• Payment structure validated by Ally’s system

• Registry model confirmed as compliant

• Caregiver independence fully backed by contracts and interviews

“Don’t just say your caregivers are independent, teach them what that means. Do the same with clients. Let them own their schedules and rates. Be the matchmaker, then get out of the way.”

Today, Kimberly continues to run three businesses and most of her registry clients still use Ally for payments.