Current through September 24, 2024
A. The Division of Medicaid covers
sterilization procedures in an inpatient or outpatient hospital setting in
accordance with current standards of medical practice for beneficiaries who:
1. Are male or female,
2. Are non-institutionalized,
3. Are twenty-one (21) years of age or older
at the time of consent, and
4. Are
mentally competent, able to understand the nature and consequences of the
procedure, knowingly and voluntarily request the procedure, and give informed
consent to be sterilized.
B. The informed consent form for
sterilization:
1. Must be accurate and
complete with all required signatures,
2. Must be voluntarily and knowingly signed
by the beneficiary,
3. Must be
signed by the beneficiary, defined as the individual to be sterilized and not
the personal or legal representative,
4. Is valid for one hundred eighty (180) days
from the date it is signed by the beneficiary, and
5. Must comply with 42 CFR §
441 et al.
C. At least thirty (30) days but not more
than one hundred eighty (180) days must have passed between the date of the
beneficiary signature on the informed consent form and the date the
sterilization will be performed except in the case of premature delivery or
emergency abdominal surgery.
1. In the case
of premature delivery, defined as a delivery prior to the expected due date,
informed consent must have been given at least thirty (30) days before the
expected date of delivery.
2. A
beneficiary may be sterilized at the time of premature delivery or emergency
abdominal surgery if at least seventy-two (72) hours have passed since signing
the informed consent form for the sterilization. A Caesarean delivery is not
routinely considered emergency abdominal surgery.
3. The physician must justify and describe
the circumstance for any premature delivery or emergency abdominal surgery and
document the expected date of delivery for premature deliveries in the medical
record and further certify that at least thirty (30) days have passed between
the date of the beneficiary's signature on the informed consent form and the
date the sterilization was performed.
D. The Division of Medicaid covers a
subsequent sterilization that is due to a previously failed sterilization.
Documentation in the beneficiary's medical record must reflect the date of the
first sterilization and the reason for the procedure failure.
Miss. Code Ann. §
43-13-121;
42 CFR §50.207; 42 CFR §§441.251 -259; 43 Fed. Reg.
52171.
