WSR 04-05-085



(Health and Rehabilitative Services Administration)

[ Filed February 17, 2004, 4:44 p.m. ]

Subject of Possible Rule Making: WAC 388-865-0335 Consumer enrollment and 388-865-0340 Consumer disenrollment.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 71.24.035.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The Mental Health Division (MHD) is amending WAC 388-865-0335 to modify provisions for enrollment; MHD is repealing WAC 388-865-0340, to be consistent with the provisions of the 1915(b) waiver from the federal funding source for Medicaid recipients.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Center for Medicaid and Medicare Services (CMS) is the federal funding source for Medicaid recipients of mental health and other services. These WACs are being modified or repealed as a result of changes in federal level authorization to conduct mental health services.

Process for Developing New Rule: A representative of regional support networks (RSNs) and ombudsman stakeholders are participants in the process of drafting language as coordinated by MHD. At a later date, the department will file a proposed rule for publication in the state register, invite public comments and hold a public hearing. The proposal will be sent to everyone on the mailing list to receive rule-making notices on this subject, and to anyone who requests the proposal. If you want to be added to the mailing list, or want information about the development of this rule, please contact the person listed below.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting C. H. Hank Balderrama, Mental Health Division, P.O. Box 445320, Olympia, WA 98504, voice (360) 902-0820, fax (360) 902-7691, e-mail

February 13, 2004

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

Legislature Code Reviser 


Washington State Code Reviser's Office