R 400.7702 Recipients excluded from sterilization.
Rule 2. A provider shall not be reimbursed for a sterilization procedure that is
performed on a recipient in any of the following situations:
(a) Where the recipient has been declared mentally incompetent by a federal,
state, or local court.
(b) Where the recipient is institutionalized in a corrective, penal, mental, or
(c) Where the recipient is under 21 years old.
History: 1980 AACS.
R 400.7703 Informed consent to sterilization.
Rule 3. (1) A provider shall obtain an informed consent to the sterilization
procedure from the recipient and shall complete a sterilization consent form.
(2) The sterilization consent form shall be signed by the recipient to be sterilized,
the person who obtained the recipient's consent, and the interpreter, if appropriate, not
less than 30, nor more than 180, days before the sterilization procedure, except if a
premature delivery or emergency abdominal surgery becomes necessary during the
required minimum 30-day waiting period before the sterilization procedure. In a case
of premature delivery, the recipient shall sign the sterilization consent form not less
than 72 hours before the sterilization procedure and not less than 30 days before the
expected delivery date. In a case of emergency abdominal surgery, the recipient shall
sign the sterilization consent form not less than 72 hours before the sterilization
(3) At the time that the recipient signs the sterilization consent form, the recipient
shall not be less than 21 years old and shall not be in labor, seeking to obtain or
obtaining an abortion, or under the influence of alcohol or other substance that affects
the recipient's state of awareness.
(4) The provider who obtains the recipient's consent shall comply with all of the
(a) Permit the recipient to have a witness of his or her own choice present.
(b) Give the recipient a copy of the sterilization consent form.
(c) Advise the recipient that the sterilization will not be performed in less than 30
days, except as set forth in subrule (2) of this rule.
(d) Offer to answer any questions the recipient may have concerning sterilization.
(e) Advise the recipient that he or she is free to withhold or withdraw consent to the
sterilization at any time before the sterilization without affecting the right to future care
or treatment and without the loss or withdrawal of any federal or state program benefits
to which the recipient might be otherwise entitled.
(f) Describe to the recipient available alternative methods of family planning and
(g) Advise the recipient that the sterilization procedure is considered to be
(h) Give a thorough explanation of the specific sterilization procedure to be