CMS proposes to make it an express condition of Medicare Part B payment that hospital or CAH outpatient “incident to” services must be personally provided by an individual who is qualified to furnish such services under the scope of practice laws of the State in which the services are provided. CMS notes in the Proposed Rule that current payment regulations do not contain restrictions on the types of auxiliary personnel that can perform incident to services, other than rules relating to supervision by a physician or qualified nonphysician practitioner. CMS proposes to add a new paragraph under § 410.27 to provide that hospital or CAH “incident to” services must be furnished “in accordance with applicable State law.”