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(a) For medicaid coverage of sterilization for family planning purposes, informed consent by the recipient is required before the sterilization is performed. Physicians must use the division's Informed Consent for Sterilization forms available from regional offices or the central office of the division. Other forms will not be accepted.
(b) The waiting period between consent and sterilization must be at least 30 days and not more than 180 days. A waiver of the 30-day waiting period may be granted in cases of premature delivery and emergency abdominal surgery.
(c) Consent may not be obtained from anyone in labor of childbirth, under the influence of alcohol or other drugs, or seeking or obtaining an abortion.
(d) Interpreters must be provided where there are language barriers, and special arrangements must be made for handicapped individuals.
(e) Hysterectomies performed for sterilization purposes are not covered under medicaid. Hysterectomies are covered, however, when performed for medical reasons. Recipients must be advised orally and in writing that sterility will result in order for the operation to be covered under medicaid.
(f) Sterilization for individuals institutionalized in correctional facilities or inpatient psychiatric facilities will not be covered under medicaid.
(g) As a condition of receiving payment for sterilization for family planning purposes, a signed, division-approved informed consent form must be attached to the invoice of the provider seeking reimbursement. Failure to submit this form will result in the sterilization not being covered by the division.
(h) Recipients who have been determined by a court to be incompetent or who are under age 21 may not receive medicaid coverage for sterilization.
History: Eff. 8/18/79, Register 71; readopt 8/7/96, Register 139
Authority: AS 47.05.010
Editor's note: Effective 8/7/96, Register 139, the Department of Health and Social Services readopted 7 AAC 43.135 in its entirety, without change, under AS 47.05 and AS 47.07. Executive Order No. 72 transferred certain rate-setting authority to the department.
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Last modified 7/05/2006