1. (a) In each calendar year during which a health care provider refers an injured employee to another health care provider in which the referring provider has a greater than 5.0% financial interest, the referring provider must file a disclosure with the commission within 30 days of the date the first referral is made. This disclosure must be filed for each health care provider to whom an employee is referred. The disclosure must be made on the form prescribed by the commission and must include:

   1. (1) the referring health care provider's name, business address, federal tax identification number, and professional license number;
   2. (2) the name(s), business address(es), federal tax identification number(s), and professional license number(s) of the health care provider(s) in which the referring health care provider has a financial interest greater than 5.0%; and
   3. (3) the percentage(s) of the financial interest.
2. (b) For purposes of this rule, financial interest is defined as any legal or equitable interest, including partnership interest, community property interest, or ownership of shares or bonds of a corporation.
3. (c) Failure to disclose a financial interest is an administrative violation pursuant to Texas Labor Code, §415.0035, subject to a penalty of not to exceed $500 or pursuant to the Texas Labor Code, §415.021, subject to a penalty of not to exceed $10,000 for repeated violation.

Source Note:The provisions of this §134.100 adopted to be effective January 29, 1991, 16 TexReg 231; amended to be effective February 2, 1996, 21 TexReg 513.