Page:United States Statutes at Large Volume 124.djvu/318

 124 STAT. 292 PUBLIC LAW 111–148—MAR. 23, 2010 of presumptive eligibility made by a hospital that elects under section 1902(a)(47)(B) to be a qualified entity for such purpose’’. (c) EFFECTIVE DATE.—The amendments made by this section take effect on January 1, 2014, and apply to services furnished on or after that date. Subtitle D—Improvements to Medicaid Services SEC. 2301. COVERAGE FOR FREESTANDING BIRTH CENTER SERVICES. (a) IN GENERAL.—Section 1905 of the Social Security Act (42 U.S.C. 1396d), is amended— (1) in subsection (a)— (A) in paragraph (27), by striking ‘‘and’’ at the end; (B) by redesignating paragraph (28) as paragraph (29); and (C) by inserting after paragraph (27) the following new paragraph: ‘‘(28) freestanding birth center services (as defined in sub- section (l)(3)(A)) and other ambulatory services that are offered by a freestanding birth center (as defined in subsection (l)(3)(B)) and that are otherwise included in the plan; and’’; and (2) in subsection (l), by adding at the end the following new paragraph: ‘‘(3)(A) The term ‘freestanding birth center services’ means serv- ices furnished to an individual at a freestanding birth center (as defined in subparagraph (B)) at such center. ‘‘(B) The term ‘freestanding birth center’ means a health facility— ‘‘(i) that is not a hospital; ‘‘(ii) where childbirth is planned to occur away from the pregnant woman’s residence; ‘‘(iii) that is licensed or otherwise approved by the State to provide prenatal labor and delivery or postpartum care and other ambulatory services that are included in the plan; and ‘‘(iv) that complies with such other requirements relating to the health and safety of individuals furnished services by the facility as the State shall establish. ‘‘(C) A State shall provide separate payments to providers administering prenatal labor and delivery or postpartum care in a freestanding birth center (as defined in subparagraph (B)), such as nurse midwives and other providers of services such as birth attendants recognized under State law, as determined appropriate by the Secretary. For purposes of the preceding sentence, the term ‘birth attendant’ means an individual who is recognized or reg- istered by the State involved to provide health care at childbirth and who provides such care within the scope of practice under which the individual is legally authorized to perform such care under State law (or the State regulatory mechanism provided by State law), regardless of whether the individual is under the super- vision of, or associated with, a physician or other health care provider. Nothing in this subparagraph shall be construed as changing State law requirements applicable to a birth attendant.’’. (b) CONFORMING AMENDMENT.—Section 1902(a)(10)(A) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)), is amended in the Payments. Definitions. Applicability. 42 USC 1396a note.