Re-Evaluating the Medicaid Sterilization Consent Process

Currently, individuals with federally-funded health insurance who desire sterilization are required to sign the Consent for Sterilization form (Title XIX form) at least 30 days before the date of the procedure. The form remains valid for 180 days with the only exceptions being cases in which emergency abdominal surgery or premature delivery is warranted. These tenets were constructed in response to public outcry over sterilization abuses that had occurred during the early 20th century. Although the intention of the Medicaid sterilization consent process lay in protecting the reproductive rights of individuals and preventing forced or coerced sterilization, the restrictions associated with the consent for sterilization currently serve as a barrier to access to care. This commentary is a call to modify the Medicaid sterilization consent form.