S.D. Admin. R. 67:16:02:09

Current through Register Vol. 51, page 54, October 28, 2024

Section 67:16:02:09 - Sterilization

Payment for sterilization is limited to those procedures performed on a recipient who meets the following criteria:

(1) Is at least 21 years old;

(2) Is a legally competent individual;

(3) Has signed an informed consent form after the recipient's 21st birthday; and

(4) At least 30 days but not more than 180 days have passed between the date the informed consent form was signed and the date of the sterilization.

In the case of a premature delivery, subdivision (4) of this section may be waived if the informed consent form was signed at least 30 days before the expected delivery date and if at least 72 hours have passed between the time the informed consent form was signed and the time of the delivery.

In the case of emergency abdominal surgery, subdivision (4) of this section may be waived if the informed consent form was signed at least 72 hours before the emergency surgery was performed.

S.D. Admin. R. 67:16:02:09

SL 1975, ch 16, § 1; 2 SDR 88, effective 7/1/1976; 5 SDR 109, effective 7/1/1979; 7 SDR 66, 7 SDR 89, effective 7/1/1981; 14 SDR 87, effective 12/27/1987.

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.

Sterilization of a mentally competent individual aged 21 or older, 42 C.F.R. § 441.253.