Getting Accused Of A Hipaa Violation And My License Being Revoked Because I Left A Job After 3 Days.

Location: New York

Essentially, I was hired by an agency as an hourly BCBA to provide behavioral consultation services within a school district. However, within my first three days, there were numerous red flags regarding the district’s organization, and expectations.

From the beginning, I was provided with virtually no information about my caseload or responsibilities. I was not given clear service mandates, schedules, or student documentation. The only information I received was a crumpled piece of paper containing student names and supposed mandates, with no clear indication of the required service durations.

When I attempted to clarify these expectations, the district’s special education director essentially told me not to worry about the mandates and that they would place me wherever I was needed.

Within those three days, I was being pulled from classroom to classroom, with teachers approaching me about students I had never met and wasn’t even sure were assigned to my caseload. I was expected to provide consultation without access to their IEPs, relevant background information, or clearly defined responsibilities.

I repeatedly reached out to the agency for clarification and support but received little meaningful guidance. I also asked how I was supposed to document and bill for my services, given that I was an hourly employee. Rather than providing a clear explanation, they directed me to a tutorial video that did not adequately address my questions.

At that point, I felt the situation was becoming increasingly unprofessional and disorganized. Given the lack of guidance, unclear expectations, and potential ethical concerns surrounding service delivery and billing, I decided it was best to resign after those three days.
In my resignation email, I explicitly stated that I was willing to provide any information I had to assist with the transition. However, I received no response requesting the return of any documents or materials.

Fast-forward approximately two weeks, and today I received a threatening email from the agency alleging that I had committed a HIPAA violation. They stated that they intended to report me to the BACB and potentially pursue further action because I had failed to return the crumpled piece of paper containing student names and mandates.

The problem is that I no longer have the paper. After leaving the position and receiving no instructions regarding its return, I shredded the document and put the remains in the incinerator. At the time, I genuinely did not think anything of it, particularly given how disorganized the entire onboarding process had been and the fact that nobody had contacted me requesting the document.

Now, I find myself in an extremely stressful situation. After working for years to earn my BCBA certification and professional license, I’m being threatened with disciplinary action over a piece of paper that was discarded after I resigned from a position I held for only three days.

I understand that student information must be handled appropriately, and I am not trying to dismiss the importance of confidentiality. However, I am struggling to understand whether this situation actually constitutes a HIPAA violation, whether the agency’s threats have any legal or ethical basis, and whether my certification or license could genuinely be at risk.

I’m now considering consulting an attorney because I want to understand my rights, my professional obligations, and how to respond appropriately without making the situation worse.