CBHCM - Certified Behavioral Health Case Manager Legal and Regulatory Compliance Questions and Answers

Question 1

A case manager is working with a client who receives services from a federally-assisted substance use disorder (SUD) treatment program.
The case manager needs to coordinate care with the client's primary care physician.
Under 42 CFR Part 2, what is required before the case manager can share information about the client's SUD treatment?

Accepted Answer

Specific, written consent from the client authorizing the disclosure.

Answer

A verbal agreement from the client documented in the case notes.

Answer

A court order, as medical records are involved.

Answer

Standard agency consent for release of information that covers all medical records.

Question 2

During a session, a client tells their behavioral health case manager that they have a specific plan to seriously harm a former coworker and have access to a weapon. The case manager's ethical and legal 'duty to warn' or 'duty to protect' obligations, stemming from the Tarasoff v. Regents of the University of California case, require them to:

Accepted Answer

Break confidentiality and take reasonable steps to protect the potential victim.

Answer

Immediately hospitalize the client involuntarily to prevent harm.

Answer

Maintain strict client confidentiality above all else.

Answer

Only document the threat in the client's record and increase session frequency.

Question 3

Which of the following is a key element of obtaining legally valid informed consent for services from a behavioral health client?

Accepted Answer

Disclosing the purposes, risks, benefits of services, and available alternatives in an understandable way.

Answer

Ensuring the client signs the consent form before the first appointment.

Answer

Having a legal guardian sign for all adult clients, regardless of their capacity.

Answer

Providing the client with a standardized brochure about the agency's services.

Question 4

A case manager in Florida is working with an adult client who is experiencing an acute mental health crisis. The client is refusing a voluntary examination but is unable to determine that examination is necessary for their own safety and, without care, is likely to cause serious bodily harm to themselves. Which Florida-specific law provides the legal framework for initiating an involuntary examination?

Accepted Answer

The Baker Act (Florida Mental Health Act)

Answer

The Marchman Act

Answer

The Americans with Disabilities Act (ADA)

Answer

The Health Insurance Portability and Accountability Act (HIPAA)

Question 5

When a client's information is protected by both HIPAA and 42 CFR Part 2, how must a behavioral health case manager handle a request for disclosure?

Accepted Answer

Adhere to the requirements of the more restrictive regulation.

Answer

Follow HIPAA guidelines as it is the more recent federal law.

Answer

Choose the regulation that is less burdensome for care coordination.

Answer

Allow the client to verbally choose which regulation to follow for the disclosure.

Question 6

A client has a legal guardian appointed by the court. The case manager needs to develop a service plan. What is the case manager's responsibility regarding informed consent?

Accepted Answer

Involve the client to the greatest extent possible, but obtain legal consent from the guardian.

Answer

Obtain consent only from the client, as it is a person-centered plan.

Answer

Obtain informed consent from the legal guardian, who has the authority to make decisions.

Answer

Proceed with the plan without consent, as the client is under court order.