Section 421.439 - Sterilization Services: Informed ConsentA member's consent for sterilization is considered informed and voluntary only if such consent was obtained in accordance with the requirements specified in 130 CMR 421.439(A) and (B), and such consent is documented as specified in 130 CMR 421.440.
(A)Informed Consent Requirements. (1) The person who obtains consent (a physician, nurse, or counselor, for example) must orally provide all of the following information and advice to the member requesting sterilization: (a) advice that the member is free to withhold or withdraw consent for the sterilization procedure at any time prior to that procedure without affecting the right to future care or treatment and without loss of any federal- or state-funded program benefits to which the member might be entitled;(b) a description of available alternative methods of family planning and birth control;(c) advice that the sterilization procedure is considered irreversible;(d) a thorough explanation of the specific sterilization procedure to be performed;(e) 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;(f) a full description of the benefits or advantages that may be expected as a result of the sterilization; and(g) advice that the sterilization will not be performed for at least 30 days from the date consent is given, except in circumstances specified in 130 CMR 421.439(B)(1).(2) The person who obtains consent must also: (a) offer to answer any questions the member may have about the sterilization procedure;(b) give the member a copy of the consent form;(c) make suitable arrangements to ensure that the information and advice required by 130 CMR 421.439(A)(1) are effectively communicated to any member who is blind, deaf, or otherwise handicapped;(d) 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(e) allow the member to have a witness of the member's choice present when consent is obtained.(B)When Informed Consent Must Be Obtained. (1) A member's consent for sterilization will be considered informed and voluntary only if such consent was obtained at least 30 days, but not more than 180 days, before the date of the sterilization procedure, except in the case of premature delivery or emergency abdominal surgery. A member may consent to be sterilized at the time of a premature delivery or emergency abdominal surgery if at least 72 hours have passed since the member gave informed consent for the sterilization in the manner specified in 130 CMR 421.439. In the case of premature delivery, the informed consent must have been given at least 30 days before the expected date of delivery.(2) A member's consent for sterilization will not be considered informed or voluntary if such consent was obtained or given while the member requesting sterilization is (a) in labor or childbirth;(b) seeking to obtain or obtaining an abortion; or(c) under the influence of alcohol or other substances that affect the individual's state of awareness.(3) Shortly before the performance of the sterilization procedure, the physician performing the procedure must orally inform the member of all of the information and advice specified in 130 CMR 421.439(A)(1).Amended by Mass Register Issue S1277, eff. 1/2/2015.