---
kind: "section"
citation: "42 C.F.R. § 3.402"
title: "42"
number: "3.402"
heading: "Basis for a civil money penalty."
url: "https://uscodex.org/cfr/42/3.402"
---

# §3.402. Basis for a civil money penalty.

- (a) **General rule.** A person who discloses identifiable patient safety work product in knowing or reckless violation of the confidentiality provisions shall be subject to a civil money penalty for each act constituting such violation.
- (b) **Violation attributed to a principal.** A principal is independently liable, in accordance with the federal common law of agency, for a civil money penalty based on the act of the principal's agent, including a workforce member, acting within the scope of the agency if such act could give rise to a civil money penalty in accordance with [§ 3.402(a)](#a) of this subpart.

## Notes

### Authority

Authority: 42 U.S.C. 216, 299b-21 through 299b-26; 42 U.S.C. 299c-6.

### Source

Source: 73 FR 70796, Nov. 21, 2008, unless otherwise noted.