In considering the factors listed in § 1003.140, the OIG shall take into account:

1. (a) The nature and extent of the information blocking including where applicable:

   1. (1) The number of patients affected;
   2. (2) The number of providers affected; and
   3. (3) The number of days the information blocking persisted; and

2. (b) The harm resulting from such information blocking including where applicable:

   1. (1) The number of patients affected;
   2. (2) The number of providers affected; and
   3. (3) The number of days the information blocking persisted.