(a) The rules adopted under Section 241.183 establishing level of care designations for hospitals must allow a hospital to appeal a level of care designation to a three-person panel that includes:
(1) a representative of the department;
(2) a representative of the commission; and
(3) an independent person who:
(A) has expertise in the specialty area for which the hospital is seeking a level of care designation;
(B) is not an employee of or affiliated with either the department or the commission; and
(C) does not have a conflict of interest with the hospital, department, or commission.
(b) The independent person on the panel described by Subsection (a) must rotate after each appeal from a list of five to seven similarly qualified persons. The department shall solicit persons to be included on the list. A person must apply to the department on a form prescribed by the department and be approved by the commissioner to be included on the list.