1. (a) Expenditures by social services districts for their payments to dentists for services rendered to a hospitalized patient shall be subject to State reimbursement as follows:

   1. (1) only if such services are determined to be coverable benefits under the provisions of Part 505 of this Subchapter, by the State Commissioner of Health or his designee; or
   2. (2) when the dentist has the responsibility for the care of the patient; or
   3. (3) when the dentist's services are rendered as a consultant, surgical assistant, or for a special service, at the request of the attending dentist or physician responsible for the care of the patient.
2. (b) State reimbursement, however, shall not be available for compensation paid to a dentist for the care of hospitalized patients when such compensation has been included as an element of costs reflected in a hospital rate approved by the State Director of the Budget pursuant to section 2807 of the Public Health Law.

[Additional statutory authority: Social Services Law, § 368-a]