(c) The following are exempt from licensure under this Part and article 36 of the Public Health Law:

1. (1) a certified home health agency, long term home health care program, AIDS home care program, or hospice to the extent of providing home care to its hospice patients;
2. (2) an agency which provides personal care services or home care services exclusively to individuals pursuant to a program administered, operated or regulated by another State agency;
3. (3) an organization licensed and operating exclusively as a nurses' registry pursuant to article 11 of the General Business Law;
4. (4) sole practitioners of nursing licensed pursuant to article 139 of the Education Law; and
5. (5) a medical facility, approved under article 28 of the Public Health Law, to provide chronic renal dialysis services, to the extent such facility provides chronic renal dialysis services to patients at home.

(d) The following criteria shall be used to determine whether an organization or group of individuals are subject to licensure as a home care services agency:

1. (1) accountability for the services provided as evidenced by responsibility for:

   1. (i) making admission and discharge decisions;
   2. (ii) the provision of, or arranging for, patient care;
   3. (iii) the establishment of standards and policies relating to the provision of care; and
   4. (iv) determining charges for services provided;
2. (2) employment relationship, if any, of the staff to the operational entity; and
3. (3) extent and scope of service delivery and functions of staff.