SENATE CONCURRENT RESOLUTION 7

(By Senators Takubo and Stollings)

[Introduced January 23, 2018]

Requesting the federal government grant a waiver for the waiting period requirement for tubal ligation procedures.

Whereas, Postpartum sterilization has the advantage of one-time hospitalization, which results in ease and convenience for the woman. Its efficacy and effectiveness were demonstrated in the U. S. Collaborative Review of Sterilization study—a large, prospective, multicenter, observational study of more than 10,000 women undergoing transabdominal sterilization who were followed up to 14 years; and

Whereas, U. S. health policy requires Medicaid beneficiaries to wait 30 days before tubal sterilization. In a journal analysis, national experts argue that this practice violates health care justice, as elective tubal sterilization is readily available to women with a private source of payment; and

Whereas, Elective tubal sterilization is readily available to women with a private source of payment, this situation is not the case for Medicaid beneficiaries who are required to wait, which can be impractical unless the paperwork is concluded well in advance of the birth; and

Whereas, Revision of the federal consent mandate in order to create fair and equitable access to sterilization services for women enrolled in Medicaid or covered by other government insurance would improve access to all women in West Virginia; and

Whereas, The state formally requested a waiver from the Centers for Medicare & Medicaid Services of the waiting period requirement for tubal ligation procedures; and

Whereas, The waiver was denied; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby requests the federal government grant a waiver for the waiting period requirement for tubal ligation procedures; and, be it

Further Resolved, That the Legislature requests that the Centers for Medicare & Medicaid Services reconsider their decision and grant the state a waiver of the waiting period requirement for tubal ligation procedures; and, be it

Further Resolved, The revision of the federal consent mandate in order to create fair and equitable access to sterilization services for women enrolled in Medicaid or covered by other government insurance would improve access to all women in West Virginia; and, be it

Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the United States Secretary of Health and Human Services, the Administrator of the Centers for Medicare & Medicaid Services, and to the members of the West Virginia congressional delegation.