[Code of Federal Regulations]

[Title 42, Volume 4]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR441.251]



[Page 280]

 

                         TITLE 42--PUBLIC HEALTH

 

  CHAPTER IV--CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF 

                  HEALTH AND HUMAN SERVICES (CONTINUED)

 

PART 441_SERVICES: REQUIREMENTS AND LIMITS APPLICABLE TO SPECIFIC 

 

                        Subpart F_Sterilizations

 

Sec.  441.251  Definitions.



    As used in this subpart:

    Hysterectomy means a medical procedure or operation for the purpose 

of removing the uterus.

    Institutionalized individual means an individual who is (a) 

involuntarily confined or detained, under a civil or criminal statute, 

in a correctional or rehabilitative facility, including a mental 

hospital or other facility for the care and treatment of mental illness; 

or (b) confined, under a voluntary commitment, in a mental hospital or 

other facility for the care and treatment of mental illness.

    Mentally incompetent individual means an individual who has been 

declared mentally incompetent by a Federal, State, or local court of 

competent jurisdiction for any purpose, unless the individual has been 

declared competent for purposes which include the ability to consent to 

sterilization.

    Sterilization means any medical procedure, treatment, or operation 

for the purpose of rendering an individual permanently incapable of 

reproducing.