130-0580-09092026.pdf: OAR 410-130-0580 amended to update rule text to reference the federal consent form (HHS-687) and update rule language to be gender inclusive. No public comment received.

Oregon Health Authority, Health Systems Division, filed Permanent Administrative Order DMAP 37-2026 on September 9, 2026, amending OAR 410-130-0580, which governs Oregon Health Plan (Medicaid) coverage conditions for hysterectomies and sterilization procedures. The rule became effective September 9, 2026, with no public comment received during the notice period that opened July 20, 2026. The primary substantive change to the sterilization consent provisions replaces references to the legacy Oregon Medicaid form DMAP 742A or B and the older federal brochure publications (DHHS Publication No. (05) 79-50062 (Male) and DHHS Publication No. (05) 79-50061 (Female)) with a single reference to the current federal consent form HHS-687. The amended rule requires providers to submit the HHS-687 along with the claim for sterilization services and to retain the original in the patient's clinical records. The rule also makes gender-inclusive language changes throughout OAR 410-130-0580. References to "woman" are replaced with "person," gendered pronouns are replaced with gender-neutral alternatives, and the term "client" is replaced with "member" in the sterilization consent subsections. These changes apply to the informed-consent requirements for voluntary sterilization, the involuntary sterilization provisions governing Circuit Court determinations, and the hysterectomy consent documentation requirements. The substantive coverage and consent framework is unchanged. Hysterectomies performed solely for sterilization remain non-covered. Prior authorization continues to be required for all hysterectomies except radical hysterectomies. The 30-to-180-day waiting period between informed written consent and sterilization performance, the 72-hour minimum for premature delivery and emergency abdominal surgery exceptions, and the prohibition on retroactive consent signatures all remain in effect. Statutory authority is ORS 413.042; statutes implemented are ORS 414.025 and 414.065.