Only an agency licensed pursuant to section thirty-six hundred five or certified pursuant to section thirty-six hundred eight of this chapter or exempt from the licensure requirements of section thirty-six hundred five of this chapter because the agency provides personal care or home care services exclusively to individuals pursuant to a program administered, operated or regulated by another state agency shall hold itself out or call itself a home health services agency, a home health agency or a home care services agency.
N.Y. Pub. Health Law § 3619