§1003.720. Determinations regarding the amount of penalties and assessments and period of exclusion.
42 C.F.R. § 1003.720
In considering the factors listed in § 1003.140:
It should be considered a mitigating circumstance if all the 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 violations, and the total amount claimed or requested related to the violations was less than $5,000.
Aggravating circumstances include but are not limited to—
The violations were of several types or occurred over a lengthy period of time;
There were many such violations (or the nature and circumstances indicate a pattern of false or fraudulent specified claims, requests for payment, or a pattern of violations);
The amount requested or claimed or related to the violations was $50,000 or more; or
The violation resulted, or could have resulted, in physical harm to any individual.
Notes, amendments, and revision history
Source
Source: 88 FR 42840, July 3, 2023, unless otherwise noted.
Authority
Authority: 42 U.S.C. 262a, 300jj-52, 1302, 1320a-7, 1320a-7a, 1320b-10, 1395u(j), 1395u(k), 1395cc(j), 1395w-141(i)(3), 1395dd(d)(1), 1395mm, 1395nn(g), 1395ss(d), 1396b(m), 11131(c), and 11137(b)(2).
Source
Source: 51 FR 34777, Sept. 30, 1986, unless otherwise noted.