NBCSN Nationally Certified School Nurse Practice Exam

Which law governs patient confidentiality and can result in fines if violated?

1. FERPA

2. HIPAA

3. IDEA

4. Safe Schools Act

The correct answer is: HIPAA

The law that governs patient confidentiality and can result in fines if violated is HIPAA, the Health Insurance Portability and Accountability Act. HIPAA was established to protect the privacy of individuals' health information and to ensure that personal health data is not disclosed without consent. It applies to healthcare providers, health plans, and any entities that handle sensitive health information, requiring them to implement stringent requirements for safeguarding that information. Under HIPAA, violations of patient confidentiality can lead to significant repercussions, including civil and criminal penalties. This is intended to encourage compliance and protect individuals' sensitive health information from unauthorized access or disclosure. In contrast, FERPA, the Family Educational Rights and Privacy Act, focuses on protecting the privacy of student education records rather than health information. IDEA, the Individuals with Disabilities Education Act, is concerned with the education of students with disabilities, and the Safe Schools Act primarily addresses school safety and creates a framework for violence prevention. Therefore, while these other laws also address privacy and protection in educational contexts, they do not specifically govern patient confidentiality in the same manner as HIPAA.