130 CMR 415.413
Hysterectomy Services
(A) Nonpayable Services. The MassHealth agency does not pay for a hysterectomy provided to a
member under the following conditions.
(1) The hysterectomy was performed solely for the purpose of sterilizing the member.
(2) If there was more than one purpose for the procedure, the hysterectomy would not have
been performed but for the purpose of sterilizing the member.
(B) Hysterectomy Information Form. The MassHealth agency pays for a hysterectomy performed
by a licensed physician in an acute inpatient hospital only when the appropriate section of the
Hysterectomy Information (HI-1) form is completed, signed, and dated as specified below.
4. Program Regulations
4-6a
(1) Prior Acknowledgment. Except under the circumstances specified below, the member and
her representative, if any, must be informed orally and in writing before the hysterectomy
operation that the hysterectomy will make her permanently incapable of reproducing. (Delivery
in hand of the Hysterectomy Information (HI-1) form will fulfill the written requirement, but not
the oral requirement.) Section (B) of the Hysterectomy Information
(HI-1) form must be signed and dated by the member or her representative before the operation
is performed, as acknowledgment of receipt of this information. Whenever any surgery that
includes the possibility of a hysterectomy is scheduled, the member must be informed of the
consequences of a hysterectomy, and must sign and date section (B) of the
Hysterectomy Information (HI-1) form before surgery.
(2) Prior Sterility. If the member is sterile prior to the hysterectomy operation, the physician
who performs the operation must so certify, describe the cause of sterility, and sign and date
section (C)(1) of the Hysterectomy Information (HI-1) form.
(3) Emergency Surgery. If the hysterectomy is performed in an emergency, under
circumstances that immediately threaten the member's life, and if the physician determines that
obtaining the member's prior acknowledgment is not possible, the physician who performs the
hysterectomy must so certify, describe the nature of the emergency, and sign and date section
(C)(2) of the Hysterectomy Information (HI-1) form.
(4) Retroactive Eligibility. If the hysterectomy was performed during the period of a member's
retroactive eligibility, the physician who performed the hysterectomy must certify that one of the
following circumstances existed at the time of the operation:
(a) the woman was informed before the operation that the hysterectomy would make her
sterile (the physician must sign and date section (D)(1) of the Hysterectomy Information
(HI-1) form;
(b) the woman was sterile before the hysterectomy was performed (the physician must sign,
date, and describe the cause of sterility in section (D)(2) of the Hysterectomy Information
(HI-1) form; or
(c) the hysterectomy was performed in an emergency that immediately threatened the
woman's life and the physician determined that it was not possible to obtain her prior
acknowledgment (the physician must sign, date, and describe the nature of the emergency in
section (D)(3) of the Hysterectomy Information (HI-1) form.
(C) Submission of the Hysterectomy Information Form. Each provider must attach a copy of the
completed Hysterectomy Information (HI-1) form to each claim form submitted to the MassHealth
agency for hysterectomy services. When more than one provider is billing the MassHealth agency
for the same hysterectomy, each provider must submit a copy of the completed Hysterectomy
Information (HI-1) form.