Code of Massachusetts Regulations
130 CMR - DIVISION OF MEDICAL ASSISTANCE
Title 130 CMR 485.000 - Sterilization And Hysterectomy Services
Section 485.402 - Definitions

Universal Citation: 130 MA Code of Regs 130.485
Current through Register 1531, September 27, 2024

The following terms used in 130 CMR 485.000 have the meanings given in 130 CMR 485.402 unless the context clearly requires a different meaning.

Institutionalized Individual - an individual who is

(1) involuntarily confined or detained, under a civil or criminal statute in a correctional or rehabilitative facility, including a psychiatric hospital or other facility for the care and treatment of mental illness; or

(2) confined, under a voluntary commitment, in a psychiatric hospital or other facility for the care and treatment of mental illness.

Mentally Incompetent Individual - an individual who has been declared mentally incompetent by a federal, state, or local court of competent jurisdiction for any purpose, unless the individual has been declared competent for purposes that include the ability to consent to sterilization.

Sterilization - any medical procedure, treatment, or operation for the purpose of rendering an individual permanently incapable of reproducing.

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