---
kind: "section"
citation: "45 C.F.R. § 180.100"
title: "45"
number: "180.100"
heading: "Appeal of penalty."
url: "https://uscodex.org/cfr/45/180.100"
---

# §180.100. Appeal of penalty.

- (a) A hospital upon which CMS has imposed a penalty under this part may appeal that penalty in accordance with [subpart D of part 150 of this title](/cfr/45/part150-subpartD.md), except as specified in [paragraph (b)](#b) of this section.
- (b) For purposes of applying [subpart D of part 150 of this title](/cfr/45/part150-subpartD.md) to appeals of civil monetary penalties under this part:
  - (1) Civil money penalty means a civil monetary penalty according to [§ 180.90](/cfr/45/180.90.md).
  - (2) Respondent means a hospital that received a notice of imposition of a civil monetary penalty according to [§ 180.90(b)](/cfr/45/180.90.md?p=b).
  - (3) References to a notice of assessment or proposed assessment, or notice of proposed determination of civil monetary penalties, are considered to be references to the notice of imposition of a civil monetary penalty specified in [§ 180.90(b)](/cfr/45/180.90.md?p=b).
  - (4) Under [§ 150.417(b)](/cfr/45/150.417.md?p=b) of this title, in deciding whether the amount of a civil money penalty is reasonable, the ALJ may only consider evidence of record relating to the following:
    - (i) **The hospital's posting(s) of its standard charges, if available.**
    - (ii) Material the hospital timely previously submitted to CMS (including with respect to corrective actions and corrective action plans).
    - (iii) Material CMS used to monitor and assess the hospital's compliance according to [§ 180.70(a)(2)](/cfr/45/180.70.md?p=a-2).
  - (5) The ALJ's consideration of evidence of acts other than those at issue in the instant case under [§ 150.445(g)](/cfr/45/150.445.md?p=g) of this title does not apply.

## Notes

### Authority

Authority: 42 U.S.C. 300gg-18, 42 U.S.C. 1302.

### Source

Source: 84 FR 65602, Nov. 27, 2019, unless otherwise noted.