1. (1) Licensed midwife means a person who is granted a license by the State Education Department and provides care pursuant to article 140 of the State Education Law.
2. (2) Licensed midwife services means those services which are concerned with the management of the care of mothers and newborns throughout the maternity cycle as well as primary preventive reproductive health care of essentially healthy women.
3. (3) Maternity cycle means a period limited to pregnancy, labor, birth, and the immediate postpartum period not to exceed six weeks.
4. (4) [Reserved]

5. (5) Department means the New York State Department of Health.

   (b) Provision of care.

   Licensed midwife services shall be available as medically indicated to eligible medical assistance recipients.

   (c) Who may provide care.

   Licensed midwife services shall be provided by a licensed midwife or by a person practicing out-of-state who meets the qualifications for participation as a licensed midwife in the title XIX program in the state in which he or she is practicing.

   (d) Where care may be provided.

   Licensed midwife services may be provided in a hospital on an inpatient or outpatient basis, in a treatment and diagnostic center, in the office of the licensed midwife or collaborating/consulting physician or in the recipient's home.

6. (e) [Reserved]

   1. (1) Reimbursement for services provided by an independently practicing licensed midwife shall be in accordance with fees developed by the department and approved by the State Director of the Budget.
   2. (2) Services provided by a licensed midwife who is salaried by a medical facility that is reimbursed for services on a cost-related basis shall not be reimbursed on a fee-for-service basis if the cost for the licensed midwife's salary is included in the facility's cost based rate.

   (f) Reimbursement.

(a) Definitions.

As used in this section: