1. (a) The inflation adjustment under § 269.3 must be determined by increasing the maximum civil monetary penalty or the range of minimum and maximum civil monetary penalties, as applicable, for each civil monetary penalty by the cost-of-living adjustment. Any increase determined under this subsection shall be rounded to the nearest multiple of $1.
2. (b) For purposes of paragraph (a) of this section, the term “cost-of-living adjustment” means the percentage (if any) for each civil monetary penalty by which the Consumer Price Index for the month of October preceding the date of the adjustment (January 15), exceeds the Consumer Price Index for the month of October in the previous calendar year. For example, if the Consumer Price Index for October 2016 is 1.0 and the Consumer Price Index for October 2015 was 0.75, then all applicable penalties will need to be positively adjusted by 0.25 by January 15, 2017.
3. (c) Limitation on initial adjustment. The initial adjustment of civil monetary penalty pursuant to § 269.3 may not exceed 150 percent of such penalty.

4. (d) Inflation adjustment. Maximum civil monetary penalties within the jurisdiction of the Department are adjusted for inflation as follows:

   Table 1 to Paragraph (d)United States code Civil monetary penalty description Maximum penalty amount as of 02/21/20 New adjusted maximum penalty amount National Defense Authorization Act for FY 2005, 10 U.S.C. 113, noteUnauthorized Activities Directed at or Possession of Sunken Military Craft134,807136,400 10 U.S.C. 1094(c)(1)Unlawful Provision of Health Care11,83711,977 10 U.S.C. 1102(k)Wrongful Disclosure - Medical Records: First Offense6,9997,082 Subsequent Offense46,66347,214 10 U.S.C. 2674(c)(2)Violation of the Pentagon Reservation Operation and Parking of Motor Vehicles Rules and Regulations1,9281,951 31 U.S.C. 3802(a)(1)Violation Involving False Claim11,66511,803 31 U.S.C. 3802(a)(2)Violation Involving False Statement11,66511,803 42 U.S.C. 1320a-7a(a); 32 CFR 200.210(a)(1)False claims20,86621,112.64 42 U.S.C. 1320a-7a(a); 32 CFR 200.210(a)(1)Claims submitted with a false certification of physician license20,86621,112.64 42 U.S.C. 1320a-7a(a); 32 CFR 200.210(a)(2)Claims presented by excluded party20,86621,112.64 42 U.S.C. 1320a-7a(a); 32 CFR 200.210(a)(2); (b)(2)(ii)Employing or contracting with an excluded individual20,86621,112.64 42 U.S.C. 1320a-7a(a); 32 CFR 200.210(a)(1)Pattern of claims for medically unnecessary services/supplies20,86621,112.64 42 U.S.C. 1320a-7a(a); 32 CFR 200.210(a)(2)Ordering or prescribing while excluded20,86621,112.64 42 U.S.C. 1320a-7a(a); 32 CFR 200.210(a)(5)Known retention of an overpayment20,86621,112.64 42 U.S.C. 1320a-7a(a); 32 CFR 200.210(a)(4)Making or using a false record or statement that is material to a false or fraudulent claim104,330105,563.18 42 U.S.C. 1320a-7a(a); 32 CFR 200.210(a)(6)Failure to grant timely access to OIG for audits, investigations, evaluations, or other statutory functions of OIG31,30031,669.97 42 U.S.C. 1320a-7a(a); 32 CFR 200.210(a)(3)Making false statements, omissions, misrepresentations in an enrollment application104,330105,563.18 42 U.S.C. 1320a-7a(a); 32 CFR 200.310(a)Unlawfully offering, paying, soliciting, or receiving remuneration to induce or in return for the referral of business in violation of 1128B(b) of the Social Security Act104,330105,563.18

[81 FR 33391, May 26, 2016, as amended at 82 FR 6249, Jan. 19, 2017; 83 FR 3078, Jan. 23, 2018; 84 FR 12099, Apr. 1, 2019; 85 FR 13049, Mar. 6, 2020; 86 FR 46600, Aug. 19, 2021]