With respect to nurse practitioner services that meet the definition of § 440.166(a) and the requirements of either § 440.166(b) or § 440.166(c), the State plan must meet the following requirements:

1. (a) Provide that nurse practitioner services are furnished to the categorically needy.
2. (b) Specify whether those services are furnished to the medically needy.

3. (c) Provide that services furnished by a nurse practitioner, regardless of whether the nurse practitioner is under the supervision of, or associated with, a physician or other health care provider, may—

   1. (1) Be reimbursed by the State Medicaid agency through an independent provider agreement between the State and the nurse practitioner; or
   2. (2) Be paid through the employing provider.

[60 FR 19862, Apr. 21, 1995]