Ethical & Legal Standards in Behavioral Health Flashcards

A BHP discovers that a colleague is billing Medicaid for services never rendered. The most appropriate first action is to:

Answer: Report the fraud to the appropriate oversight body or supervisor

Billing fraud against government programs must be reported to supervisors or appropriate authorities such as a compliance officer or state licensing board.

Under HIPAA, a covered entity may disclose protected health information (PHI) without client authorization for which of the following?

Answer: Treatment, payment, and healthcare operations

HIPAA permits disclosure of PHI without authorization for treatment, payment, and healthcare operations (TPO).

A client discloses they have a communicable disease and refuses to inform their partner. The BHP's ethical obligation is BEST described as:

Answer: Consider state law, weigh public health duty, and potentially warn partner if legally permitted

Many states have statutes permitting or requiring disclosure to protect third parties from communicable disease; the BHP must know applicable law and weigh the duty to warn.

Which of the following BEST defines 'informed consent' in behavioral health treatment?

Answer: A process ensuring clients understand the nature, risks, benefits, and alternatives to treatment before agreeing

Informed consent is an ongoing process requiring client understanding of treatment nature, risks, benefits, and alternatives, not merely a signature.

A BHP working with a minor (age 15) learns that the teenager is using marijuana recreationally. Regarding parental notification, the BHP should:

Answer: Consult state law, assess risk level, and use clinical judgment about whether disclosure is warranted

Minors' confidentiality rights vary by state, and BHPs must use clinical judgment informed by state law when deciding whether to notify parents about a minor's substance use.

Which of the following is an example of a dual relationship that would most clearly violate ethical standards?

Answer: Providing therapy to a current employee under the BHP's direct supervision

Providing therapy to a direct employee creates a power imbalance and conflicting obligations that compromise objectivity and constitute a clear dual relationship violation.

A BHP receives a subpoena for a client's therapy records. The correct course of action is to:

Answer: Notify the client, consult with legal counsel, and assert privilege on the client's behalf if applicable

A subpoena is not a court order; the BHP should notify the client, consult legal counsel, and assert therapist-client privilege unless a judge orders disclosure.