(a) A physician shall notify the Department of State Health Services of any ownership interest held by the physician in a niche hospital as required by §162.052 of the Act.     
      (b) In this section, "niche hospital," as defined by §105.002, Tex. Occ. Code, means a hospital that:      
        (1) classifies at least two-thirds of the hospital's Medicare patients or, if data is available, all patients:                  (A) in not more than two major diagnosis-related groups; or                   (B) in surgical diagnosis-related groups;         
        (2) specializes in one or more of the following areas:                  (A) cardiac;                   (B) orthopedics;                   (C) surgery; or                   (D) women's health; and         
        (3) is not:                  (A) a public hospital;                   (B) a hospital for which the majority of inpatient claims are for major diagnosis-related groups relating to rehabilitation, psychiatry, alcohol and drug treatment, or children or newborns; or                   (C) a hospital with fewer than 10 claims per bed per year.         
      (c) The board hereby adopts by reference the Disclosure and Consent Form, which shall be published on the board's web site and may be examined and copies obtained at the offices of the board.     
     Source Note:        The provisions of this §199.5 adopted to be effective June 29, 2006, 31 TexReg 5110; amended to be effective December 30, 2007, 32 TexReg 9631