§200.220. Determinations regarding the amount of penalties and assessments.
32 C.F.R. § 200.220
In considering the factors listed in § 200.140—
It should be considered a mitigating circumstance if all the items or services or violations included in the action brought under this part were of the same type and occurred within a short period of time, there were few such items or services or violations, and the total amount claimed or requested for such items or services was less than $5,000.
Aggravating circumstances include—
The violations were of several types or occurred over a lengthy period of time;
There were many such items or services or violations (or the nature and circumstances indicate a pattern of claims or requests for payment for such items or services or a pattern of violations);
The amount claimed or requested for such items or services, or the amount of the overpayment was $50,000 or more;
The violation resulted, or could have resulted, in patient harm, premature discharge, or a need for additional services or subsequent hospital admission; or
The amount or type of financial, ownership, or control interest or the degree of responsibility a person has in an entity was substantial with respect to an action brought under § 200.200(b)(3).
Notes, amendments, and revision history
Authority
Authority: 5 U.S.C. 301; 10 U.S.C. chapter 55; 42 U.S.C. 1320a-7a.
Source
Source: 85 FR 60705, Sept. 28, 2020, unless otherwise noted.