---
kind: "section"
citation: "45 C.F.R. § 160.402"
title: "45"
number: "160.402"
heading: "Basis for a civil money penalty."
url: "https://uscodex.org/cfr/45/160.402"
---

# §160.402. Basis for a civil money penalty.

- (a) **General rule.** Subject to [§ 160.410](/cfr/45/160.410.md), the Secretary will impose a civil money penalty upon a covered entity or business associate if the Secretary determines that the covered entity or business associate has violated an administrative simplification provision.
- (b) **Violation by more than one covered entity or business associate.**
  - (1) Except as provided in [paragraph (b)(2)](#b-2) of this section, if the Secretary determines that more than one covered entity or business associate was responsible for a violation, the Secretary will impose a civil money penalty against each such covered entity or business associate.
  - (2) A covered entity that is a member of an affiliated covered entity, in accordance with [§ 164.105(b)](/cfr/45/164.105.md?p=b) of this subchapter, is jointly and severally liable for a civil money penalty for a violation of [part 164](/cfr/45/part164.md) of this subchapter based on an act or omission of the affiliated covered entity, unless it is established that another member of the affiliated covered entity was responsible for the violation.
- (c) **Violation attributed to a covered entity or business associate.**
  - (1) A covered entity is liable, in accordance with the Federal common law of agency, for a civil money penalty for a violation based on the act or omission of any agent of the covered entity, including a workforce member or business associate, acting within the scope of the agency.
  - (2) A business associate is liable, in accordance with the Federal common law of agency, for a civil money penalty for a violation based on the act or omission of any agent of the business associate, including a workforce member or subcontractor, acting within the scope of the agency.

## Notes

### Amendments

[78 FR 5691, Jan. 25, 2013]

### Source

Source: 71 FR 8426, Feb. 16, 2006, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 1302(a); 42 U.S.C. 1320d-1320d-9; sec. 264, Pub. L. 104-191, 110 Stat. 2033-2034 (42 U.S.C. 1320d-2 (note)); 5 U.S.C. 552; secs. 13400-13424, Pub. L. 111-5, 123 Stat. 258-279; and sec. 1104 of Pub. L. 111-148, 124 Stat. 146-154.

### Source

Source: 65 FR 82798, Dec. 28, 2000, unless otherwise noted.

### Amendments

[78 FR 5691, Jan. 25, 2013]