---
kind: "section"
citation: "42 C.F.R. § 402.115"
title: "42"
number: "402.115"
heading: "Collection of penalty or assessment."
url: "https://uscodex.org/cfr/42/402.115"
---

# §402.115. Collection of penalty or assessment.

- (a) Once a determination by HHS has become final, CMS is responsible for the collection of any penalty or assessment.
- (b) The General Counsel may compromise a penalty or assessment imposed under this part, after consultation with CMS or OIG, and the Federal government may recover the penalty or assessment in a civil action brought in the United States district court for the district where the claim was presented or where the respondent resides.
- (c) The United States or a State agency may deduct the amount of a penalty and assessment when finally determined, or the amount agreed upon in compromise, from any sum then or later owing to the respondent.
- (d) Matters that were raised or that could have been raised in a hearing before an ALJ or in an appeal under section 1128A(e) of the Act may not be raised as a defense in a civil action by the United States to collect a penalty under this part.

## Notes

### Authority

Authority: 42 U.S.C. 1302 and 1395hh.

### Source

Source: 63 FR 68690, Dec. 14, 1998, unless otherwise noted.