Page 67
UNOFFICIAL 1737-67
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UNOFFICIAL 1737-67
(d) Sterilization shall not be performed sooner than thirty days but not more than one hundred eighty days following the giving of informed consent in writing, except as explained in subsection (e).
(e) Exceptions to subsections (b)(7) and (d) may be made if more than seventy-two hours have passed since informed consent was given and where there is: (1) Premature delivery, when informed consent was given at least thirty days before expected date of delivery; or (2) Emergency abdominal surgery.
(f) Consent for sterilization may not be obtained if the person requesting sterilization is: (1) In labor or childbirth; (2) Seeking to obtain or is obtaining an abortion; or (3) Under the influence of alcohol or other substances that affect the individual's state of awareness.
(g) An operation for an ectopic pregnancy which results in sterilization due to removal of a woman's single remaining fallopian tube shall not be considered either a primary sterilization or an abortion and shall be a medically indicated procedure covered under the program.
(h) A hysterectomy shall not be considered a sterilization procedure. The provisions of section 17-1737-47 shall apply. [Eff 08/01/94 ] (Auth: HRS §346-14) (Imp: 42 C.F.R. §§441.250 - 441.258)
§17-1737-49 Respiratory care services. (a) Respiratory care services are services provided on a part time basis in the home of the individual by a respiratory therapist or other health care professional trained in respiratory therapy as defined in section 17-1737-2.
(b) Respiratory care services may be provided for medicaid eligible individuals who meet the following criteria: (1) Medically dependent on a ventilator support for at least thirty consecutive days as an inpatient in an acute or long term care facility; (2) Dependent on ventilator support for at least six hours per day; (3) If respiratory care services were not available, would require inpatient care in a hospital, or long-term care institution;