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(b) The department may waive the 30-day waiting period required in (a)(4) of this section in cases of premature delivery or emergency abdominal surgery if more than 72 hours has passed since the recipient signed the consent form as required in (a)(3) of this section. (c) The department will not accept a consent in any form if it is obtained from anyone in labor of childbirth, under the influence of alcohol or other drugs, seeking or obtaining an abortion, or determined by a court to be incompetent. (d) The department will not accept a consent form from a recipient who does not speak English, unless the physician has provided an interpreter or can certify that an interpreter was available and used. (e) The department will not pay for sterilization of an individual who is institutionalized in a correctional facility or inpatient psychiatric facility. (Eff. 2/1/2010, Register 193) Statutory Authority: Authority: AS 47.05.010 AS 47.07.030 AS 47.07.040 7 AAC 110.420. Hysterectomy by a physician. (a) The department will pay for a hysterectomy performed by a physician if the

(1) department has given prior authorization;

(2) procedure is performed for medical reasons;

(3) recipient has given her informed consent in writing using the form provided by the department or a form provided by the physician that includes the same information;

(4) consent from was signed by the recipient before surgery, unless the provider who performs the surgery certified in writing that

(A) the recipient was sterile before the hysterectomy and states the cause of the sterility; or

(B) the hysterectomy was performed under a life-threatening emergency, that is described by the provider, and getting prior consent from the recipient was not possible; and

(5) consent form is attached to the provider claim.