CBHCM Legal and Regulatory Compliance 2 — Questions and Answers
Question 1: Under the Health Insurance Portability and Accountability Act (HIPAA), which of the following is considered a permitted disclosure without client authorization?
- Sharing records with the client's employer
- Disclosing PHI to law enforcement for public health activities (Correct answer)
- Providing treatment records to a marketing firm
- Releasing records to family members at their request
Correct answer: Disclosing PHI to law enforcement for public health activities
HIPAA permits disclosure of PHI to law enforcement for public health activities without client authorization under specific circumstances.
Question 2: A behavioral health case manager learns that a client is being abused by a caregiver. Which legal obligation is MOST relevant?
- Duty to warn third parties
- Mandatory reporting of suspected abuse (Correct answer)
- Confidentiality protections under HIPAA
- Informed consent requirements
Correct answer: Mandatory reporting of suspected abuse
Mandatory reporting laws require behavioral health professionals to report suspected abuse of vulnerable populations regardless of confidentiality concerns.
Question 3: Which federal law prohibits discrimination against individuals with mental health conditions in employment settings?
- Mental Health Parity and Addiction Equity Act (MHPAEA)
- Americans with Disabilities Act (ADA) (Correct answer)
- Rehabilitation Act of 1973
- Fair Housing Act
Correct answer: Americans with Disabilities Act (ADA)
The ADA prohibits discrimination against qualified individuals with disabilities, including mental health conditions, in employment settings.
Question 4: The Affordable Care Act (ACA) requires that health plans cover mental health and substance use disorder services. This requirement is BEST described as:
- An optional benefit that plans may choose to offer
- An essential health benefit mandated for qualified health plans (Correct answer)
- A parity provision applicable only to large group plans
- A Medicaid-specific requirement
Correct answer: An essential health benefit mandated for qualified health plans
The ACA designates mental health and substance use disorder services as essential health benefits that qualified health plans must cover.
Question 5: A case manager receives a subpoena for a client's mental health records. The BEST first action is to:
- Immediately release the records to comply with the court order
- Notify the client and consult legal counsel before releasing records (Correct answer)
- Refuse to release any records on grounds of confidentiality
- Destroy the records to protect the client
Correct answer: Notify the client and consult legal counsel before releasing records
A subpoena requires the case manager to notify the client and consult legal counsel, as the client may have the right to contest the disclosure.
Question 6: Which provision of HIPAA gives clients the right to inspect and obtain copies of their own health records?
- Privacy Rule — Right of Access (Correct answer)
- Security Rule — Safeguard Standard
- Breach Notification Rule
- Minimum Necessary Standard
Correct answer: Privacy Rule — Right of Access
The HIPAA Privacy Rule's Right of Access provision grants individuals the right to inspect and obtain copies of their protected health information.
Question 7: Under 42 CFR Part 2, substance use disorder treatment records receive special protections. These records may be disclosed without client consent ONLY for:
- Insurance billing purposes
- Medical emergencies where disclosure is necessary to protect life (Correct answer)
- Coordination of care with any treating provider
- Research with IRB approval only
Correct answer: Medical emergencies where disclosure is necessary to protect life
42 CFR Part 2 permits disclosure of substance use disorder records without consent in medical emergencies when necessary to protect life.
CBHCM Legal and Regulatory Compliance 2
Under the Health Insurance Portability and Accountability Act (HIPAA), which of the following is considered a permitted disclosure without client authorization?