---
kind: "section"
citation: "42 C.F.R. § 488.447"
title: "42"
number: "488.447"
heading: "Civil Money Penalties imposed for failure to comply with 42 CFR 483.80(g)(1) and (2)."
url: "https://uscodex.org/cfr/42/488.447"
---

# §488.447. Civil Money Penalties imposed for failure to comply with 42 CFR 483.80(g)(1) and (2).

- (a) CMS may impose a civil money penalty for noncompliance with the requirements at § [483.80(g)(1)](/cfr/42/483.80.md?p=g-1) and [(2)](/cfr/42/483.80.md?p=g-2) of this chapter as follows:
  - (1) **Minimum.** A minimum of $1,000 for the first occurrence.
  - (2) **Increased amount.** An amount equal to $500 added to the previously imposed civil money penalty amount for each subsequent occurrence, not to exceed the maximum amount set forth in [§ 488.408(d)(1)(iii)](/cfr/42/488.408.md?p=d-1-iii).
- (b) The penalty amounts in this section will be adjusted annually under [45 CFR part 102](/cfr/45/part102.md).
- (c) Compliance with the requirements at § [483.80(g)(1)](/cfr/42/483.80.md?p=g-1) and [(2)](/cfr/42/483.80.md?p=g-2) of this chapter will be assessed weekly. Facilities found out of compliance with § [483.80(g)(1)](/cfr/42/483.80.md?p=g-1) and [(2)](/cfr/42/483.80.md?p=g-2) of this chapter are not required to submit a plan of correction as indicated in [§ 488.408(f)(1)](/cfr/42/488.408.md?p=f-1).
- (d) This section is in effect during and the Public Health Emergency (PHE), as defined in [§ 400.200](/cfr/42/400.200.md) of this chapter, and will continue for up to one year after the end of the PHE.

## Notes

### Amendments

[85 FR 54873, Sept. 2, 2020]

### Source

Source: 59 FR 56243, Nov. 10, 1994, unless otherwise noted.

### Authority

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

### Source

Source: 53 FR 22859, June 17, 1988, unless otherwise noted.

### Amendments

[85 FR 54873, Sept. 2, 2020]