---
kind: "section"
citation: "42 C.F.R. § 414.806"
title: "42"
number: "414.806"
heading: "Penalties associated with misrepresentation and the failure to submit timely and accurate ASP data."
url: "https://uscodex.org/cfr/42/414.806"
---

# §414.806. Penalties associated with misrepresentation and the failure to submit timely and accurate ASP data.

- (a) **Misrepresentation—** . Section 1847A(d)(4)(A) of the Act specifies the penalties associated with misrepresentations in the reporting of the manufacturer's average sales price for a drug as defined at [§ 414.802](/cfr/42/414.802.md).
- (b) **Failure to provide timely information or the submission of false information—** . (1) For a manufacturer that has entered into and has in effect a rebate agreement under section 1927 of the Act, section 1927(b)(3)(C) of the Act specifies the penalties associated with a manufacturer's failure to submit timely information or the submission of false information.
  - (2) For a manufacturer that has not entered into and does not have in effect a rebate agreement under section 1927 of the Act, sections 1847A(d)(4)(B) and (C) of the Act specify the penalties associated with a manufacturer's failure to submit timely information or the submission of false information.

## Notes

### Amendments

[86 FR 65669, Nov. 19, 2021]

### Source

Source: 69 FR 17938, Apr. 6, 2004, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 1302, 1395hh, and 1395rr(b)(l).

### Source

Source: 55 FR 23441, June 8, 1990, unless otherwise noted.

### Amendments

[86 FR 65669, Nov. 19, 2021]