N.Y. Public Health Law § 3651: Exemptions

§ 3651. Exemptions. The provisions of this article shall not apply to:

1. Hospitals certified pursuant to article twenty-eight of this

chapter.

2. The following entities and practitioners, unless these entities or

practitioners furnish home medical equipment services through a separate

corporate entity, division, or other business entity:

(a) Home care service agencies, certified home health agencies, long

term home health care programs, licensed home care services agencies and

limited licensed home care service agencies, as defined under section

thirty-six hundred two of this chapter;

(b) Exempt agencies, as defined under section thirty-six hundred

nineteen of this chapter;

(c) Manufacturers and wholesale distributors of home medical equipment

not engaged in direct sales to a patient;

(d) Health care practitioners authorized by law to prescribe home

medical equipment, order home medical equipment, or use home medical

equipment to treat their patients, including but not limited to

physicians, nurses, physical therapists, respiratory therapists,

occupational therapists, speech pathologists, optometrists,

chiropractors and podiatrists;

(e) Hospice programs;

(f) Nursing homes;

(g) Veterinarians;

(h) Dentists;

(i) Emergency medical services providers; and

(j) Pharmacists and pharmacies.

3. Any exempt person providing home medical equipment services through

a third person as defined in section thirty-six hundred fifty of this

article.