1. (A) Covered Services. The MassHealth agency pays for sterilization services provided to a member only if all of the following conditions are met.

   1. (1) The member has voluntarily given informed consent for the sterilization procedure in the manner and at the time described in 130 CMR 423.417, and such consent is documented in the manner described in 130 CMR 423.418.
   2. (2) The member is at least 18 years old at the time consent is obtained.
   3. (3) The member is not a mentally incompetent individual or an institutionalized individual.
   4. (4) The sterilization is performed by a licensed physician.
2. (B) Assurance of Member Rights. No provider may use any form of coercion in the provision of sterilization services. Neither the MassHealth agency nor any provider, nor any 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 under MassHealth.
3. (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 423.416(A) are met.

Commonwealth of Massachusetts Subchapter Number and Title Page

MassHealth 4. Program Regulations

4-9

Provider Manual Series (130 CMR 423.000)

Transmittal Letter Date

Freestanding Ambulatory Surgery Center

Manual

FAS-28 01/02/15