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

Terms Used In N.Y. Public Health Law 3651

  • Home medical equipment: shall mean technologically sophisticated medical devices which are used in a home care setting, including but not limited to:

    (a) Oxygen and oxygen delivery systems;

    (b) Ventilation and aspiration devices;

    (c) Respiratory disease management services;

    (d) Electronic and computer driven wheelchairs and seating systems;

    (e) Monitoring devices;

    (f) Transcutaneous electrical nerve simulator (tens) units;

    (g) Low air loss cutaneous pressure management devices;

    (h) Sequential compression devices;

    (i) Obstructive sleep apnea treatment devices; and

    (j) Feeding pumps. See N.Y. Public Health Law 3650
  • Home medical equipment services: shall mean the delivery, provision, installation, maintenance and replacement of, or instruction in the use of medical equipment used by an individual requiring such services in their place of residence. See N.Y. Public Health Law 3650
  • Person: shall mean an individual, corporation, partnership, joint venture, or any business entity. See N.Y. Public Health Law 3650

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.

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