N.Y. Pub. Health Law § 3651

§ 3651. Exemptions. The provisions of this article shall not apply to:\n 1. Hospitals certified pursuant to article twenty-eight of this\nchapter.\n 2. The following entities and practitioners, unless these entities or\npractitioners furnish home medical equipment services through a separate\ncorporate entity, division, or other business entity:\n (a) Home care service agencies, certified home health agencies, long\nterm home health care programs, licensed home care services agencies and\nlimited licensed home care service agencies, as defined under section\nthirty-six hundred two of this chapter;\n (b) Exempt agencies, as defined under section thirty-six hundred\nnineteen of this chapter;\n (c) Manufacturers and wholesale distributors of home medical equipment\nnot engaged in direct sales to a patient;\n (d) Health care practitioners authorized by law to prescribe home\nmedical equipment, order home medical equipment, or use home medical\nequipment to treat their patients, including but not limited to\nphysicians, nurses, physical therapists, respiratory therapists,\noccupational therapists, speech pathologists, optometrists,\nchiropractors and podiatrists;\n (e) Hospice programs;\n (f) Nursing homes;\n (g) Veterinarians;\n (h) Dentists;\n (i) Emergency medical services providers; and\n (j) Pharmacists and pharmacies.\n 3. Any exempt person providing home medical equipment services through\na third person as defined in section thirty-six hundred fifty of this\narticle.\n