the term “qualified provider” means any provider that—
(A)#
is eligible for payments under a State plan approved under this subchapter,
(B)#
provides services of the type described in subparagraph (A) or (B) of section 1396d(a)(2) of this title or in section 1396d(a)(9) of this title ,
(C)#
is determined by the State agency to be capable of making determinations of the type described in paragraph (1)(A), and
(D)#
(i) receives funds under— (I) section 254b or 254c of this title, (II) subchapter V of this chapter, or (III) title V of the Indian Health Care Improvement Act [ 25 U.S.C. 1651 et seq.];
(ii) participates in a program established under— (I) section 1786 of this title , or (II) section 4(a) of the Agriculture and Consumer Protection Act of 1973;
(iii) participates in a State perinatal program; or
(iv) is the Indian Health Service or is a health program or facility operated by a tribe or tribal organization under the Indian Self-Determination Act ( Public Law 93–638 ) [ 25 U.S.C. 5321 et seq.].
(D)(i)#
receives funds under—
(I) section 254b or 254c of this title,
(II) subchapter V of this chapter, or
(III) title V of the Indian Health Care Improvement Act [ 25 U.S.C. 1651 et seq.];
(D)(i)(I)#
section 254b or 254c of this title,
(D)(i)(II)#
subchapter V of this chapter, or