The following facilities are not required to be licensed under this chapter:
(1) a home and community support services agency licensed under Chapter 142 with a home dialysis designation;
(2) a hospital licensed under Chapter 241 that provides dialysis only to individuals receiving:
(A) inpatient services from the hospital; or
(B) outpatient services due to a disaster declared by the governor or a federal disaster declared by the president of the United States occurring in this state or another state during the term of the disaster declaration;
(3) a hospital operated by or on behalf of the state as part of the managed health care provider network established under Chapter 501, Government Code, that provides dialysis only to individuals receiving:
(A) inpatient services from the hospital; or
(B) outpatient services while serving a term of confinement in a facility operated by or under contract with the Texas Department of Criminal Justice;
(4) an end stage renal disease facility operated by or on behalf of the state as part of the managed health care provider network established under Chapter 501, Government Code, that provides dialysis only to individuals receiving those services while serving a term of confinement in a facility operated by or under contract with the Texas Department of Criminal Justice; or
(5) the office of a physician unless the office is used primarily as an end stage renal disease facility.