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RobertJDFL, Lawyer
Category: Employment Law
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Experience:  Experienced in multiple areas of the law.
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Can I lose my optometric license committing a Joppa

Customer Question

Can I lose my optometric license for accidentally committing a Joppa violation
Submitted: 7 months ago.
Category: Employment Law
Expert:  RobertJDFL replied 7 months ago.

Thank you for using Just Answer.

I'm going to assume you meant "HIPAA" and that it auto-corrected?

An inadvertent mistake would not normally result in a loss of license, which would normally only happen in the most extreme cases. Typically, violations are penalized with fines. which can be expensive. The penalties for noncompliance are based on the level of negligence and can range from $100 to $50,000 per violation (or per record), with a maximum penalty of $1.5 million per year for violations of an identical provision. Violations can also carry criminal charges that can result in jail time.

Fines will increase with the number of patients and the amount of neglect. Starting with a breach where you didn’t know and, by exercising reasonable diligence, would not have known that you violated a provision. To the other end of the spectrum where a breach is due to negligence and not corrected in 30 days. For accidental violations you're looking at the lower end of the spectrum.

What you may want to do is voluntarily take a continuing education class on HIPAA now as a refresher, so that if the matter is reported, you can at least show that a) you are sorry for what happened and b) have already taken steps to ensure that it does not happen again. Those two steps alone will go a long way in helping minimize any sanctions that will be imposed.

Expert:  RobertJDFL replied 7 months ago.

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