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7.5 Mental Health Advance Directive. In accordance with 71.32 RCW, Provider shall inform all Medicaid Members <br />who present for mental health services of their right to a Mental Health Advance Directive, and shall provide <br />technical assistance to those Medicaid Members who express an interest in developing and maintaining a <br />Mental Health Advance Directive. A "Mental Health Advance Directive" means a written document in which <br />the Medicaid Member makes a declaration of instructions, or preferences, or appoints an agent to make <br />decisions on behalf of the Medicaid Member regarding the Medicaid Member's mental health treatment. <br />Provider shall also maintain current copies of any Medicaid Member's Mental Health Advance Directive in the <br />Medicaid Member's record and shall inform Medicaid Members that complaints concerning noncompliance <br />with a Mental Health Advance Directive should be referred to the Department of Health. <br />7.6 Compliance with 42 CFR Part 2. To the extent that in performing its services under this Attachment, Provider <br />uses, discloses, maintains, or transmits protected health information that is protected by 42 CFR Part 2, <br />Provider acknowledges and agrees that in receiving, storing, processing or otherwise dealing with any such <br />records for Medicaid Members, Provider is fully bound by 42 CFR Part 2; and, if necessary will resist any <br />efforts to obtain access to such records except as permitted under 42 CFR Part 2. Notwithstanding any other <br />language in this Attachment, Provider acknowledges and agrees that any Medicaid Member information <br />Provider receives that is protected by 42 CFR Part 2 is subject to protections that prohibit Provider from <br />disclosing such information to agents or subcontractors without the specific written consent of the Medicaid <br />Member. <br />7.7 Provider Subcontractors. In addition to the Provider Subcontractors provision in the Agreement, if Provider <br />delegates or subcontracts any functions of Wellpoint delegated by Wellpoint to Provider, Wellpoint's consent <br />to such action is required and the agreement governing such subcontract or delegation shall include all <br />applicable requirements of the Government Contract (or any successor sections thereto). <br />Washington Enterprise Provider Agreement Medicald Attachment 29 1183932156 <br />0 2024 July— Wellpoint Washington, Inc. 05/05/2025 <br />