Sec. 85.28. Applicability and general requirements

(a) Sections 85.28 and 85.29 of this Part shall only apply to outpatient psychiatric care provided by a private practicing psychiatrist.

(b) A private practicing psychiatrist is a physician who renders treatment to a patient on a fee- for-service basis and who is compensated for those services directly through the medical assistance for the needy program, except that payment for services may be made directly to a professional corporation or partnership in which the private practicing psychiatrist is a member or with which the private practicing psychiatrist is associated, or in the case of a shared health facility as provided in subdivision 8 of section 4708 of the Public Health Law.

(c) To be a covered benefit under medical assistance for the needy as provided in section 365-a of the Social Services Law, outpatient psychiatric care rendered by a private practicing psychiatrist must be provided by a qualified psychiatrist in accordance with the requirements of this section and section 85.29 of this Part.

(d) A qualified psychiatrist shall meet the requirements contained in the Social Services regulations (18 NYCRR 505.2).