---
kind: "section"
citation: "45 C.F.R. § 153.740"
title: "45"
number: "153.740"
heading: "Failure to comply with HHS-operated risk adjustment and reinsurance data requirements."
url: "https://uscodex.org/cfr/45/153.740"
---

# §153.740. Failure to comply with HHS-operated risk adjustment and reinsurance data requirements.

- (a) **Enforcement actions.** If an issuer of a risk adjustment covered plan or reinsurance-eligible plan fails to establish a dedicated distributed data environment in a manner and timeframe specified by HHS; fails to provide HHS with access to the required data in such environment in accordance with [§ 153.700(a)](/cfr/45/153.700.md?p=a) or otherwise fails to comply with the requirements of [§§ 153.700 through 153.730](/cfr/45/153.700..153.730.md); fails to adhere to the reinsurance data submission requirements set forth in [§ 153.420](/cfr/45/153.420.md); or fails to adhere to the risk adjustment data submission and data storage requirements set forth in [§§ 153.610 through 153.630](/cfr/45/153.610..153.630.md), HHS may impose civil money penalties in accordance with the procedures set forth in [§ 156.805](/cfr/45/156.805.md) of this subchapter. Civil monetary penalties will not be imposed for non-compliance with these requirements during the 2014 or 2015 calendar years under this paragraph if the issuer has made good faith efforts to comply with these requirements.
- (b) **Default risk adjustment charge.** If an issuer of a risk adjustment covered plan fails to establish a dedicated distributed data environment or fails to provide HHS with access to the required data in such environment in accordance with [§ 153.610(a)](/cfr/45/153.610.md?p=a), [§ 153.700](/cfr/45/153.700.md), [§ 153.710](/cfr/45/153.710.md), or [§ 153.730](/cfr/45/153.730.md) such that HHS cannot apply the applicable Federally certified risk adjustment methodology to calculate the risk adjustment payment transfer amount for the risk adjustment covered plan in a timely fashion, HHS will assess a default risk adjustment charge.
- (c) **Information sharing.** HHS may consult with and share information about issuers of risk adjustment covered plans and reinsurance-eligible plans with other Federal and State regulatory and enforcement entities to the extent the consultation or information is necessary for purposes of Federal or State oversight and enforcement activities.

## Notes

### Amendments

[78 FR 65095, Oct. 30, 2013, as amended at 80 FR 10863, Feb. 27, 2015]

### Source

Source: 78 FR 15531, Mar. 11, 2013, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 18031, 18041, and 18061 through 18063.

### Source

Source: 77 FR 17245, Mar. 23, 2012, unless otherwise noted.

### Amendments

[78 FR 65095, Oct. 30, 2013, as amended at 80 FR 10863, Feb. 27, 2015]