---
kind: "section"
citation: "42 C.F.R. § 460.46"
title: "42"
number: "460.46"
heading: "Civil money penalties."
url: "https://uscodex.org/cfr/42/460.46"
---

# §460.46. Civil money penalties.

- (a) CMS may impose civil money penalties up to the maximum amounts specified in [paragraphs (a)(1) through (4)](#a-1..a-4) of this section. These amounts will be adjusted in accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 ([Sec. 701](/cfr/42/701.md) of Pub. L. 114-74) and updated amounts specified in [45 CFR part 102](/cfr/45/part102.md).
  - (1) For each violation regarding enrollment or disenrollment specified in § [460.40(a)(3)](/cfr/42/460.40.md?p=a-3) or [(4)](/cfr/42/460.40.md?p=a-4), $100,000 plus $15,000 for each individual not enrolled as a result of the PACE organization's discrimination in enrollment or disenrollment or practice that would deny or discourage enrollment.
  - (2) For each violation regarding excessive premiums specified in [§ 460.40(a)(5)](/cfr/42/460.40.md?p=a-5), $25,000 plus double the excess amount above the permitted premium charged a participant by the PACE organization. (The excess amount charged is deducted from the penalty and returned to the participant).
  - (3) For each misrepresentation or falsification of information, specified in [§ 460.40(a)(6)(i)](/cfr/42/460.40.md?p=a-6-i), $100,000.
  - (4) For any other violation specified in [§ 460.40](/cfr/42/460.40.md), $25,000.
- (b) The provisions of section 1128A of the Act (other than subsections [(a)](#a) and [(b)](#b)) apply to a civil money penalty under this section in the same manner as they apply to a civil money penalty or proceeding under [section 1128A(a)](/cfr/42/1128A.md?p=a).

## Notes

### Amendments

[64 FR 66279, Nov. 24, 1999, as amended at 84 FR 25672, June 3, 2019]

### Authority

Authority: 42 U.S.C. 1302, 1395, 1395eee(f), and 1396u-4(f).

### Source

Source: 64 FR 66279, Nov. 24, 1999, unless otherwise noted.

### Amendments

[64 FR 66279, Nov. 24, 1999, as amended at 84 FR 25672, June 3, 2019]