Section 3651. Exemptions  


Latest version.
  • 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.