Sterilization Services: Introduction

(A) Payable Services. The MassHealth agency pays for a sterilization service provided to an eligible member only if all of the following conditions are met. (1) The member has voluntarily given informed consent for the sterilization procedure in the manner and at the time described in 130 CMR 405.429, and such consent is documented in the manner and form described in 130 CMR 405.430. (2) The member is at least 18 years old at the time consent is obtained. (3) The member is not a mentally incompetent individual or an institutionalized individual. (B) Assurance of Member Rights. No provider may use any form of coercion in the provision of sterilization services. No provider, or agent or employee of a provider, may mislead any member into believing that a decision to have or not have a sterilization will adversely affect the member’s entitlement to benefits or services for which the member would otherwise be eligible. The MassHealth agency has strict requirements for confidentiality of member records for sterilization services as well as for all other medical services covered by MassHealth. (C) Retroactive Eligibility. The MassHealth agency does not pay for a sterilization performed during the period of a member’s retroactive eligibility unless all conditions for payment listed in 130 CMR 405.428(A) are met. (D) Locations in Which Sterilizations May Be Performed. (1) Male sterilization must be performed by a licensed physician at the CHC. (2) Female sterilization must be performed by a licensed physician in a hospital. (3) A hospital in which a sterilization is performed must be licensed in compliance with 105 CMR 130.000: Hospital Licensure.