Code of Massachusetts Regulations
130 CMR - DIVISION OF MEDICAL ASSISTANCE
Title 130 CMR 485.000 - Sterilization And Hysterectomy Services
Section 485.411 - Consent Form Requirements

Universal Citation: 130 MA Code of Regs 130.485

Current through Register 1531, September 27, 2024

Informed consent for sterilization must be documented by the completion of the MassHealth agency's Consent for Sterilization form in accordance with the following requirements. (Instructions for obtaining the Consent for Sterilization forms are located in Subchapter 5 of the Sterilization Clinic Manual.)

(A) Required Consent Form.

(1) One of the following Consent for Sterilization forms must be used:
(a) CS-18 - for members 18 through 20 years of age; or

(b) CS-21 - for members 21 years of age or older.

(2) Under no circumstances will the MassHealth agency accept any other consent for sterilization form.

(B) Required Signatures. The member, the interpreter (if one was required), and the person who obtained the consent for sterilization must all sign and date the Consent for Sterilization form (CS-18 or CS-21) at the time of consent. After performing the sterilization procedure, the physician must sign and date the form.

(C) Required Distribution of the Consent Form. The Consent for Sterilization form (CS-18 or CS-21) must be completed and distributed as follows:

(1) the original must be given to the member at the time of consent; and

(2) a copy must be included in the member's permanent medical record at the site where the sterilization is performed.

(D) Provider Billing and Required Consent Form Submissions. All providers must bill with the appropriate sterilization diagnosis and service codes and must attach a copy of the completed Consent for Sterilization form (CS-18 or CS-21) to each claim made to the MassHealth agency for sterilization services. This provision applies to any medical procedure, treatment, or operation for the purpose of rendering an individual permanently incapable of reproducing. When more than one provider is billing the MassHealth agency for the sterilization procedure, each provider must submit a copy of the completed sterilization consent form with the claim.

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