Code of Massachusetts Regulations
130 CMR - DIVISION OF MEDICAL ASSISTANCE
Title 130 CMR 485.000 - Sterilization And Hysterectomy Services
Section 485.409 - Informed Consent Requirements
Universal Citation: 130 MA Code of Regs 130.485
Current through Register 1531, September 27, 2024
A member's consent for sterilization will be considered informed and voluntary only if such consent is obtained in accordance with the requirements specified in 130 CMR 485.409(A) and (B), and such consent is documented as specified in 130 CMR 485.410.
(A) The person who obtains consent (physician, nurse, or counselor, for example) must orally provide all of the following information and advice to the member requesting sterilization:
(1) advice that the individual is free to
withhold or withdraw consent to the procedure at any time before the
sterilization without affecting the right to future care or treatment and
without loss of any federal- or state-funded program benefits to which the
individual might be otherwise entitled;
(2) a description of available alternative
methods of family planning and birth control;
(3) advice that the sterilization procedure
is considered irreversible;
(4) a
thorough explanation of the specific sterilization procedure to be
performed;
(5) a full description
of the discomforts and risks that may accompany or follow the procedure,
including an explanation of the type and possible effects of any anesthetic to
be used;
(6) a full description of
the benefits or advantages the member may expect as a result of the
sterilization; and
(7) advice that
the sterilization will not be performed for at least 30 days, except under the
circumstances specified in
130 CMR
485.410(A).
(B) The person who obtains consent must also:
(1) offer to answer any questions
the member may have about the sterilization procedure;
(2) give the member a copy of the consent
form;
(3) make suitable
arrangements to ensure that the information and advice required by 130 CMR
485.409(A) are effectively communicated to any member who is blind, deaf, or
otherwise handicapped;
(4) provide
an interpreter if the member does not understand the language used on the
consent form or the language used by the person obtaining consent;
and
(5) allow the member to have a
witness of the member's choice present when consent is obtained.
Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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