The adjusted statutory penalty provisions and their applicable amounts are set out in the following table. The right-most column in the table, “Maximum Adjusted Penalty ($)”, provides the maximum adjusted civil penalty amounts. The civil monetary penalty amounts are adjusted annually.

Civil Monetary Penalty Authorities Administered by HHS Agencies and Penalty Amounts[Effective October 11, 2018]Citation HHS agency Description 2 Date of last statutorily established penalty figure 3 2016 Maximum adjusted penalty ($) 2017 Maximum adjusted penalty ($) 4 2018 Maximum adjusted penalty ($) U.S.C. CFR 1 21 U.S.C. 333(b)(2)(A)FDAPenalty for violations related to drug samples resulting in a conviction of any representative of manufacturer or distributor in any 10-year period201698,935100,554102,606 333(b)(2)(B)FDAPenalty for violation related to drug samples resulting in a conviction of any representative of manufacturer or distributor after the second conviction in any 10-yr period20161,978,6902,011,0612,052,107 333(b)(3)FDAPenalty for failure to make a report required by 21 U.S.C. 353(d)(3)(E) relating to drug samples2016197,869201,106205,211 333(f)(1)(A)FDAPenalty for any person who violates a requirement related to devices for each such violation201626,72327,16027,714 Penalty for aggregate of all violations related to devices in a single proceeding20161,781,5601,810,7061,847,663 333(f)(2)(A)FDAPenalty for any individual who introduces or delivers for introduction into interstate commerce food that is adulterated per 21 U.S.C. 342(a)(2)(B) or any individual who does not comply with a recall order under 21 U.S.C. 350l201675,12376,35277,910 Penalty in the case of any other person other than an individual) for such introduction or delivery of adulterated food2016375,613381,758389,550 Penalty for aggregate of all such violations related to adulterated food adjudicated in a single proceeding2016751,225763,515779,098 333(f)(3)(A)FDAPenalty for all violations adjudicated in a single proceeding for any person who violates 21 U.S.C. 331(jj)(1) by failing to submit the certification required by 42 U.S.C. 282(j)(5)(B) or knowingly submitting a false certification; by failing to submit clinical trial information under 42 U.S.C 282(j); or by submitting clinical trial information under 42 U.S.C. 282(j) that is false or misleading in any particular under 42 U.S.C. 282(j)(5)(D)201611,38311,56911,805 333(f)(3)(B)FDAPenalty for each day any above violation is not corrected after a 30-day period following notification until the violation is corrected201611,38311,56911,805 333(f)(4)(A)(i)FDAPenalty for any responsible person that violates a requirement of 21 U.S.C. 355(o) (post-marketing studies, clinical trials, labeling), 21 U.S.C. 355(p) (risk evaluation and mitigation (REMS)), or 21 U.S.C. 355-1 (REMS)2016284,583289,239295,142 Penalty for aggregate of all such above violations in a single proceeding20161,138,3301,156,9531,180,566 333(f)(4)(A)(ii)FDAPenalty for REMS violation that continues after written notice to the responsible person for the first 30-day period (or any portion thereof) the responsible person continues to be in violation2016284,583289,239295,142 Penalty for REMS violation that continues after written notice to responsible person doubles for every 30-day period thereafter the violation continues, but may not exceed penalty amount for any 30-day period20161,138,3301,156,9531,180,566 Penalty for aggregate of all such above violations adjudicated in a single proceeding201611,383,30011,569,53111,805,665 333(f)(9)(A)FDAPenalty for any person who violates a requirement which relates to tobacco products for each such violation201616,50316,77317,115 Penalty for aggregate of all such violations of tobacco product requirement adjudicated in a single proceeding20161,100,2001,118,1991,141,021 333(f)(9)(B)(i)(I)FDAPenalty per violation related to violations of tobacco requirements2016275,050279,550285,256 Penalty for aggregate of all such violations of tobacco product requirements adjudicated in a single proceeding20161,100,2001,118,1991,141,021 333(f)(9)(B)(i)(II)FDAPenalty in the case of a violation of tobacco product requirements that continues after written notice to such person, for the first 30-day period (or any portion thereof) the person continues to be in violation2016275,050279,550285,256 Penalty for violation of tobacco product requirements that continues after written notice to such person shall double for every 30-day period thereafter the violation continues, but may not exceed penalty amount for any 30-day period20161,100,2001,118,1991,141,021 Penalty for aggregate of all such violations related to tobacco product requirements adjudicated in a single proceeding201611,002,00011,181,99311,410,218 333(f)(9)(B)(ii)(I)FDAPenalty for any person who either does not conduct post-market surveillance and studies to determine impact of a modified risk tobacco product for which the HHS Secretary has provided them an order to sell, or who does not submit a protocol to the HHS Secretary after being notified of a requirement to conduct post-market surveillance of such tobacco products2016275,050279,550285,256 Penalty for aggregate of for all such above violations adjudicated in a single proceeding20161,100,2001,118,1991,141,021 333(f)(9)(B)(ii)(II)FDAPenalty for violation of modified risk tobacco product post-market surveillance that continues after written notice to such person for the first 30-day period (or any portion thereof) that the person continues to be in violation2016275,050279,550285,256 Penalty for post-notice violation of modified risk tobacco product post-market surveillance shall double for every 30-day period thereafter that the tobacco product requirement violation continues for any 30-day period, but may not exceed penalty amount for any 30-day period20161,100,2001,118,1991,141,021 Penalty for aggregate above tobacco product requirement violations adjudicated in a single proceeding201611,002,00011,181,99311,410,218 333(g)(1)FDAPenalty for any person who disseminates or causes another party to disseminate a direct-to-consumer advertisement that is false or misleading for the first such violation in any 3-year period2016284,583289,239295,142 Penalty for each subsequent above violation in any 3-year period2016569,165578,477590,284 333 noteFDAPenalty to be applied for violations of restrictions on the sale or distribution of tobacco products promulgated under 21 U.S.C. 387f(d) (e.g., violations of regulations in 21 CFR Part 1140) with respect to a retailer with an approved training program in the case of a second regulation violation within a 12-month period2016275279285 Penalty in the case of a third tobacco product regulation violation within a 24-month period2016550559570 Penalty in the case of a fourth tobacco product regulation violation within a 24-month period20162,2002,2362,282 Penalty in the case of a fifth tobacco product regulation violation within a 36-month period20165,5015,5915,705 Penalty in the case of a sixth or subsequent tobacco product regulation violation within a 48-month period as determined on a case-by-case basis201611,00211,18211,410 Penalty to be applied for violations of restrictions on the sale or distribution of tobacco products promulgated under 21 U.S.C. 387f(d) (e.g., violations of regulations in 21 CFR Part 1140) with respect to a retailer that does not have an approved training program in the case of the first regulation violation2016275279285 Penalty in the case of a second tobacco product regulation violation within a 12-month period2016550559570 Penalty in the case of a third tobacco product regulation violation within a 24-month period20161,1001,1181,141 Penalty in the case of a fourth tobacco product regulation violation within a 24-month period20162,2002,2362,282 Penalty in the case of a fifth tobacco product regulation violation within a 36-month period20165,5015,5915,705 Penalty in the case of a sixth or subsequent tobacco product regulation violation within a 48-month period as determined on a case-by-case basis201611,00211,18211,410 335b(a)FDAPenalty for each violation for any individual who made a false statement or misrepresentation of a material fact, bribed, destroyed, altered, removed, or secreted, or procured the destruction, alteration, removal, or secretion of, any material document, failed to disclose a material fact, obstructed an investigation, employed a consultant who was debarred, debarred individual provided consultant services2016419,320426,180434,878 Penalty in the case of any other person (other than an individual) per above violation20161,677,2801,704,7201,739,513 360pp(b)(1)FDAPenalty for any person who violates any such requirements for electronic products, with each unlawful act or omission constituting a separate violation20162,7502,7952,852 Penalty imposed for any related series of violations of requirements relating to electronic products2016937,500952,838972,285 42 U.S.C. 262(d)FDAPenalty per day for violation of order of recall of biological product presenting imminent or substantial hazard2016215,628219,156223,629 263b(h)(3)FDAPenalty for failure to obtain a mammography certificate as required201616,77317,04717,395 300aa-28(b)(1)FDAPenalty per occurrence for any vaccine manufacturer that intentionally destroys, alters, falsifies, or conceals any record or report required2016215,628219,156223,629 256b(d)(1)(B)(vi)HRSAPenalty for each instance of overcharging a 340B covered entity20165,4375,5265,639 299c-3(d)AHRQPenalty for an establishment or person supplying information obtained in the course of activities for any purpose other than the purpose for which it was supplied201614,14014,37114,664 653(l)(2)45 CFR 303.21(f)ACFPenalty for Misuse of Information in the National Directory of New Hires20161,4501,4741,504 262a(i)(1)42 CFR 1003.910OIGPenalty for each individual who violates safety and security procedures related to handling dangerous biological agents and toxins2016327,962333,327340,130 Penalty for any other person who violates safety and security procedures related to handling dangerous biological agents and toxins2016655,925666,656680,262 300jj-51OIGPenalty per violation for committing information blocking20161,000,0001,016,3601,037,104 1320a-7a(a) 542 CFR 1003.210(a)(1)OIGPenalty for knowingly presenting or causing to be presented to an officer, employee, or agent of the United States a false claim201815,02415,27020,000 Penalty for knowingly presenting or causing to be presented a request for payment which violates the terms of an assignment, agreement, or PPS agreement201815,02415,27020,000 42 CFR 1003.210(a)(2)Penalty for knowingly giving or causing to be presented to a participating provider or supplier false or misleading information that could reasonably be expected to influence a discharge decision201822,53722,90630,000 42 CFR 1003.210(a)(3)Penalty for an excluded party retaining ownership or control interest in a participating entity201815,02415,27020,000 42 CFR 1003.1010Penalty for remuneration offered to induce program beneficiaries to use particular providers, practitioners, or suppliers201815,02415,27020,000 42 CFR 1003.210(a)(4)Penalty for employing or contracting with an excluded individual201814,71814,95920,000 42 CFR 1003.310(a)(3)Penalty for knowing and willful solicitation, receipt, offer, or payment of remuneration for referring an individual for a service or for purchasing, leasing, or ordering an item to be paid for by a Federal health care program201873,58874,792100,000 42 CFR 1003.210(a)(1)Penalty for ordering or prescribing medical or other item or service during a period in which the person was excluded201810,87411,05220,000 42 CFR 1003.210(a)(6)Penalty for knowingly making or causing to be made a false statement, omission or misrepresentation of a material fact in any application, bid, or contract to participate or enroll as a provider or supplier201854,37255,262100,000 42 CFR 1003.210(a)(8)Penalty for knowing of an overpayment and failing to report and return201810,87411,05220,000 42 CFR 1003.210(a)(7)Penalty for making or using a false record or statement that is material to a false or fraudulent claim201854,37255,262100,000 42 CFR 1003.210(a)(9)Penalty for failure to grant timely access to HHS OIG for audits, investigations, evaluations, and other statutory functions of HHS OIG201816,31216,57930,000 1320a-7a(b) 5OIGPenalty for payments by a hospital or critical access hospital to induce a physician to reduce or limit services to individuals under direct care of physician or who are entitled to certain medical assistance benefits20184,3134,3845,000 Penalty for physicians who knowingly receive payments from a hospital or critical access hospital to induce such physician to reduce or limit services to individuals under direct care of physician or who are entitled to certain medical assistance benefits20184,3134,3845,000 42 CFR 1003.210(a)(10)Penalty for a physician who executes a document that falsely certifies home health needs for Medicare beneficiaries20187,5127,63510,000 1320a-7e(b)(6)(A)42 CFR 1003.810OIGPenalty for failure to report any final adverse action taken against a health care provider, supplier, or practitioner201636,79437,39638,159 1320b-10(b)(1)42 CFR 1003.610(a)OIGPenalty for the misuse of words, symbols, or emblems in communications in a manner in which a person could falsely construe that such item is approved, endorsed, or authorized by HHS20169,89310,05510,260 1320b-10(b)(2)42 CFR 1003.610(a)OIGPenalty for the misuse of words, symbols, or emblems in a broadcast or telecast in a manner in which a person could falsely construe that such item is approved, endorsed, or authorized by HHS201649,46750,27651,302 1395i-3(b)(3)(B)(ii)(1)42 CFR 1003.210(a)(11)OIGPenalty for certification of a false statement in assessment of functional capacity of a Skilled Nursing Facility resident assessment20162,0632,0972,140 1395i-3(b)(3)(B)(ii)(2)42 CFR 1003.210(a)(11)OIGPenalty for causing another to certify or make a false statement in assessment of functional capacity of a Skilled Nursing Facility resident assessment201610,31410,48310,697 1395i-3(g)(2)(A)42 CFR 1003.1310OIGPenalty for any individual who notifies or causes to be notified a Skilled Nursing Facility of the time or date on which a survey is to be conducted20164,1264,1944,280 1395w-27(g)(2)(A)42 CFR 1003.410OIGPenalty for a Medicare Advantage organization that substantially fails to provide medically necessary, required items and services201637,56138,17538,954 Penalty for a Medicare Advantage organization that charges excessive premiums201636,79437,39638,159 Penalty for a Medicare Advantage organization that improperly expels or refuses to reenroll a beneficiary201636,79437,39638,159 Penalty for a Medicare Advantage organization that engages in practice that would reasonably be expected to have the effect of denying or discouraging enrollment2016147,177149,585152,638 Penalty per individual who does not enroll as a result of a Medicare Advantage organization's practice that would reasonably be expected to have the effect of denying or discouraging enrollment201622,07722,43822,896 Penalty for a Medicare Advantage organization misrepresenting or falsifying information to Secretary2016147,177149,585152,638 Penalty for a Medicare Advantage organization misrepresenting or falsifying information to individual or other entity201636,79437,39638,159 Penalty for Medicare Advantage organization interfering with provider's advice to enrollee and non-MCO affiliated providers that balance bill enrollees201636,79437,39638,159 Penalty for a Medicare Advantage organization that employs or contracts with excluded individual or entity201636,79437,39638,159 Penalty for a Medicare Advantage organization enrolling an individual in without prior written consent201636,79437,39638,159 Penalty for a Medicare Advantage organization transferring an enrollee to another plan without consent or solely for the purpose of earning a commission201636,79437,39638,159 Penalty for a Medicare Advantage organization failing to comply with marketing restrictions or applicable implementing regulations or guidance201636,79437,39638,159 Penalty for a Medicare Advantage organization employing or contracting with an individual or entity who violates 1395w-27(g)(1)(A)-(J)201636,79437,39638,159 1395w-141(i)(3)OIGPenalty for a prescription drug card sponsor that falsifies or misrepresents marketing materials, overcharges program enrollees, or misuse transitional assistance funds201612,85613,06613,333 1395cc(g)OIGPenalty for improper billing by Hospitals, Critical Access Hospitals, or Skilled Nursing Facilities20165,0005,0825,186 1395dd(d)(1)42 CFR 1003.510OIGPenalty for a hospital or responsible physician dumping patients needing emergency medical care, if the hospital has 100 beds or more2016103,139104,826106,965 Penalty for a hospital or responsible physician dumping patients needing emergency medical care, if the hospital has less than 100 beds201651,57052,41453,484 1395mm(i)(6)(B)(i)42 CFR 1003.410OIGPenalty for a HMO or competitive plan is such plan substantially fails to provide medically necessary, required items or services201651,57052,41453,484 Penalty for HMOs/competitive medical plans that charge premiums in excess of permitted amounts201651,57052,41453,484 Penalty for a HMO or competitive medical plan that expels or refuses to reenroll an individual per prescribed conditions201651,57052,41453,484 Penalty for a HMO or competitive medical plan that implements practices to discourage enrollment of individuals needing services in future2016206,278209,653213,932 Penalty per individual not enrolled in a plan as a result of a HMO or competitive medical plan that implements practices to discourage enrollment of individuals needing services in the future201629,68030,16630,782 Penalty for a HMO or competitive medical plan that misrepresents or falsifies information to the Secretary2016206,278209,653213,932 Penalty for a HMO or competitive medical plan that misrepresents or falsifies information to an individual or any other entity201651,57052,41453,484 Penalty for failure by HMO or competitive medical plan to assure prompt payment of Medicare risk sharing contracts or incentive plan provisions201651,57052,41453,484 Penalty for HMO that employs or contracts with excluded individual or entity201647,34048,11449,096 1395nn(g)(3)42 CFR 1003.310OIGPenalty for submitting or causing to be submitted claims in violation of the Stark Law's restrictions on physician self-referrals201623,86324,25324,748 1395nn(g)(4)42 CFR 1003.310OIGPenalty for circumventing Stark Law's restrictions on physician self-referrals2016159,089161,692164,992 1395ss(d)(1)42 CFR 1003.1110OIGPenalty for a material misrepresentation regarding Medigap compliance policies20169,89310,05510,260 1395ss(d)(2)42 CFR 1003.1110OIGPenalty for selling Medigap policy under false pretense20169,89310,05510,260 1395ss(d)(3)(A)(ii)42 CFR 1003.1110OIGPenalty for an issuer that sells health insurance policy that duplicates benefits201644,53945,26846,192 Penalty for someone other than issuer that sells health insurance that duplicates benefits201626,72327,16027,714 1395ss(d)(4)(A)42 CFR 1003.1110OIGPenalty for using mail to sell a non-approved Medigap insurance policy20169,89310,05510,260 1396b(m)(5)(B)(i)42 CFR 1003.410OIGPenalty for a Medicaid MCO that substantially fails to provide medically necessary, required items or services201649,46750,27651,302 Penalty for a Medicaid MCO that charges excessive premiums201649,46750,27651,302 Penalty for a Medicaid MCO that improperly expels or refuses to reenroll a beneficiary2016197,869201,106205,211 Penalty per individual who does not enroll as a result of a Medicaid MCO's practice that would reasonably be expected to have the effect of denying or discouraging enrollment201629,68030,16630,782 Penalty for a Medicaid MCO misrepresenting or falsifying information to the Secretary2016197,869201,106205,211 Penalty for a Medicaid MCO misrepresenting or falsifying information to an individual or another entity201649,46750,27651,302 Penalty for a Medicaid MCO that fails to comply with contract requirements with respect to physician incentive plans201644,53945,26846,192 1396r(b)(3)(B)(ii)(I)42 CFR 1003.210(a)(11)OIGPenalty for willfully and knowingly certifying a material and false statement in a Skilled Nursing Facility resident assessment20162,0632,0972,140 1396r(b)(3)(B)(ii)(II)42 CFR 1003.210(a)(11)OIGPenalty for willfully and knowingly causing another individual to certify a material and false statement in a Skilled Nursing Facility resident assessment201610,31410,48310,697 1396r(g)(2)(A)(i)42 CFR 1003.1310OIGPenalty for notifying or causing to be notified a Skilled Nursing Facility of the time or date on which a survey is to be conducted20164,1264,1944,280 1396r-8(b)(3)(B)42 CFR 1003.1210OIGPenalty for the knowing provision of false information or refusing to provide information about charges or prices of a covered outpatient drug2016178,156181,071184,767 1396r-8(b)(3)(C)(i)42 CFR 1003.1210OIGPenalty per day for failure to timely provide information by drug manufacturer with rebate agreement201617,81618,10718,477 1396r-8(b)(3)(C)(ii)42 CFR 1003.1210OIGPenalty for knowing provision of false information by drug manufacturer with rebate agreement2016178,156181,071184,767 1396t(i)(3)(A)42 CFR 1003.1310OIGPenalty for notifying home and community-based providers or settings of survey20163,5633,6213,695 11131(c)42 CFR 1003.810OIGPenalty for failing to report a medical malpractice claim to National Practitioner Data Bank201621,56321,91622,363 11137(b)(2)42 CFR 1003.810OIGPenalty for breaching confidentiality of information reported to National Practitioner Data Bank201621,56321,91622,363 299b-22(f)(1)42 CFR 3.404OCRPenalty for violation of confidentiality provision of the Patient Safety and Quality Improvement Act201611,94012,13512,383 1320(d)-5(a)45 CFR 160.404(b)(1)(i), (ii)OCRPenalty for each pre-February 18, 2009 violation of the HIPAA administrative simplification provisions2016150152155 Calendar Year Cap201637,56138,17538,954 45 CFR 160.404(b)(2)(i)(A), (B)OCRPenalty for each February 18, 2009 or later violation of a HIPAA administrative simplification provision in which it is established that the covered entity or business associate did not know and by exercising reasonable diligence, would not have known that the covered entity or business associate violated such a provision Minimum2016110112114 Maximum201655,01055,91057,051 Calendar Year Cap20161,650,3001,677,2991,711,533 45 CFR 160.404(b)(2)(ii)(A), (B)OCRPenalty for each February 18, 2009 or later violation of a HIPAA administrative simplification provision in which it is established that the violation was due to reasonable cause and not to willful neglect Minimum20161,1001,1181,141 Maximum201655,01055,91057,051 Calendar Year Cap20161,650,3001,677,2991,711,533 45 CFR 160.404(b)(2)(iii)(A), (B)OCRPenalty for each February 18, 2009 or later violation of a HIPAA administrative simplification provision in which it is established that the violation was due to willful neglect and was corrected during the 30-day period beginning on the first date the covered entity or business associate knew, or, by exercising reasonable diligence, would have known that the violation occurred Minimum201611,00211,18211,410 Maximum201655,01055,91057,051 Calendar Year Cap20161,650,3001,677,2991,711,533 45 CFR 160.404(b)(2)(iv)(A), (B)OCRPenalty for each February 18, 2009 or later violation of a HIPAA administrative simplification provision in which it is established that the violation was due to willful neglect and was not corrected during the 30-day period beginning on the first date the covered entity or business associate knew, or by exercising reasonable diligence, would have known that the violation occurred Minimum201655,01055,91057,051 Maximum20161,650,3001,677,2991,711,533 Calendar Year Cap20161,650,3001,677,2991,711,533 263a(h)(2)(B) & 1395w-2(b)(2)(A)(ii)42 CFR 493.1834(d)(2)(i)CMSPenalty for a clinical laboratory's failure to meet participation and certification requirements and poses immediate jeopardy Minimum20166,0356,1346,259 Maximum201619,78720,11120,521 42 CFR 493.1834(d)(2)(ii)CMSPenalty for a clinical laboratory's failure to meet participation and certification requirements and the failure does not pose immediate jeopardy- Minimum201699101103 Maximum20165,9366,0336,156 300gg-15(f)45 CFR 147.200(e)CMSFailure to provide the Summary of Benefits and Coverage20161,0871,1051,128 300gg-1845 CFR 158.606CMSPenalty for violations of regulations related to the medical loss ratio reporting and rebating2016109111113 1320a-7h(b)(1)42 CFR 402.105(d)(5), 42 CFR 403.912(a) & (c)CMSPenalty for manufacturer or group purchasing organization failing to report information required under 42 U.S.C. 1320a-7h(a), relating to physician ownership or investment interests Minimum20161,0871,1051,128 Maximum201610,87411,05211,278 Calendar Year Cap2016163,117165,786169,170 1320a-7h(b)(2)42 CFR 402.105(h), 42 CFR 403 912(b) & (c)CMSPenalty for manufacturer or group purchasing organization knowingly failing to report information required under 42 U.S.C. 1320a-7h(a) , relating to physician ownership or investment interests Minimum201610,87411,05211,278 Maximum2016108,745110,524112,780 Calendar Year Cap20161,087,4501,105,2411,127,799 1320a-7j(h)(3)(A)CMSPenalty for an administrator of a facility that fails to comply with notice requirements for the closure of a facility2016108,745110,524112,780 42 CFR 488.446(a)(1),(2), & (3)CMSMinimum penalty for the first offense of an administrator who fails to provide notice of facility closure2016544553564 Minimum penalty for the second offense of an administrator who fails to provide notice of facility closure20161,6311,6581,692 Minimum penalty for the third and subsequent offenses of an administrator who fails to provide notice of facility closure20163,2623,3153,383 1320a-8(a)(1)CMSPenalty for an entity knowingly making a false statement or representation of material fact in the determination of the amount of benefits or payments related to old-age, survivors, and disability insurance benefits, special benefits for certain World War II veterans, or supplemental security income for the aged, blind, and disabled20167,9548,0848,249 Penalty for violation of 42 U.S.C. 1320a-8(a)(1) if the violator is a person who receives a fee or other income for services performed in connection with determination of the benefit amount or the person is a physician or other health care provider who submits evidence in connection with such a determination20167,5007,6237,779 1320a-8(a)(3)CMSPenalty for a representative payee (under 42 U.S.C. 405(j), 1007, or 1383(a)(2)) converting any part of a received payment from the benefit programs described in the previous civil monetary penalty to a use other than for the benefit of the beneficiary20166,2296,3316,460 1320b-25(c)(1)(A)CMSPenalty for failure of covered individuals to report to the Secretary and 1 or more law enforcement officials any reasonable suspicion of a crime against a resident, or individual receiving care, from a long-term care facility2016217,490221,048225,560 1320b-25(c)(2)(A)CMSPenalty for failure of covered individuals to report to the Secretary and 1 or more law enforcement officials any reasonable suspicion of a crime against a resident, or individual receiving care, from a long-term care facility if such failure exacerbates the harm to the victim of the crime or results in the harm to another individual2016326,235331,572338,339 1320b-25(d)(2)CMSPenalty for a long-term care facility that retaliates against any employee because of lawful acts done by the employee, or files a complaint or report with the State professional disciplinary agency against an employee or nurse for lawful acts done by the employee or nurse2016217,490221,048225,560 1395b-7(b)(2)(B)42 CFR 402.105(g)CMSPenalty for any person who knowingly and willfully fails to furnish a beneficiary with an itemized statement of items or services within 30 days of the beneficiary's request2016147149152 1395i-3(h)(2)(B)(ii)(I)42 CFR 488.408(d)(1)(iii)CMSPenalty per day for a Skilled Nursing Facility that has a Category 2 violation of certification requirements Minimum2016103105107 Maximum20166,1886,2896,417 42 CFR 488.408(d)(1)(iv)CMSPenalty per instance of Category 2 noncompliance by a Skilled Nursing Facility Minimum20162,0632,0972,140 Maximum201620,62820,96521,393 42 CFR 488.408(e)(1)(iii)CMSPenalty per day for a Skilled Nursing Facility that has a Category 3 violation of certification requirements Minimum20166,2916,3946,525 Maximum201620,62820,96521,393 42 CFR 488.408(e)(1)(iv)CMSPenalty per instance of Category 3 noncompliance by a Skilled Nursing Facility Minimum20162,0632,0972,140 Maximum201620,62820,96521,393 42 CFR 488.408 (e)(2)(ii)CMSPenalty per day and per instance for a Skilled Nursing Facility that has Category 3 noncompliance with Immediate Jeopardy Per Day (Minimum)20166,2916,3946,525 Per Day (Maximum)201620,62820,96521,393 Per Instance (Minimum)20162,0632,0972,140 Per Instance (Maximum)201620,62820,96521,393 42 CFR 488.438(a)(1)(i)CMSPenalty per day of a Skilled Nursing Facility that fails to meet certification requirements. These amounts represent the upper range per day Minimum20166,2916,3946,524 Maximum201620,62820,96521,393 42 CFR 488.438(a)(1)(ii)CMSPenalty per day of a Skilled Nursing Facility that fails to meet certification requirements. These amounts represent the lower range per day Minimum2016103105107 Maximum20166,1886,2896,418 42 CFR 488.438(a)(2)CMSPenalty per instance of a Skilled Nursing Facility that fails to meet certification requirements Minimum20162,0632,0972,140 Maximum201620,62820,96521,393 1395l(h)(5)(D) 542 CFR 402.105(d)(2)(i)CMSPenalty for knowingly, willfully, and repeatedly billing for a clinical diagnostic laboratory test other than on an assignment-related basis. (Penalties are assessed in the same manner as 42 U.S.C. 1395u(j)(2)(B), which is assessed according to 1320a-7a(a))201815,02415,27030,000 1395l(i)(6)CMSPenalty for knowingly and willfully presenting or causing to be presented a bill or request for payment for an intraocular lens inserted during or after cataract surgery for which the Medicare payment rate includes the cost of acquiring the class of lens involved20163,9574,0224,104 1395l(q)(2)(B)(i)42 CFR 402.105(a)CMSPenalty for knowingly and willfully failing to provide information about a referring physician when seeking payment on an unassigned basis20163,7873,8493,928 1395m(a)(11)(A) 542 CFR 402.1(c)(4), 402.105(d)(2)(ii)CMSPenalty for any durable medical equipment supplier that knowingly and willfully charges for a covered service that is furnished on a rental basis after the rental payments may no longer be made. (Penalties are assessed in the same manner as 42 U.S.C. 1395u(j)(2)(B), which is assessed according to 1320a-7a(a))201815,02415,27030,000 1395m(a)(18)(B) 542 CFR 402.1(c)(5), 402.105(d)(2)(iii)CMSPenalty for any nonparticipating durable medical equipment supplier that knowingly and willfully fails to make a refund to Medicare beneficiaries for a covered service for which payment is precluded due to an unsolicited telephone contact from the supplier. (Penalties are assessed in the same manner as 42 U.S.C. 1395u(j)(2)(B), which is assessed according to 1320a-7a(a))201815,02415,27030,000 1395m(b)(5)(C) 542 CFR 402.1(c)(6), 402.105(d)(2)(iv)CMSPenalty for any nonparticipating physician or supplier that knowingly and willfully charges a Medicare beneficiary more than the limiting charge for radiologist services. (Penalties are assessed in the same manner as 42 U.S.C. 1395u(j)(2)(B), which is assessed according to 1320a-7a(a))201815,02415,27030,000 1395m(h)(3) 542 CFR 402.1(c)(8), 402.105(d)(2)(vi)CMSPenalty for any supplier of prosthetic devices, orthotics, and prosthetics that knowing and willfully charges for a covered prosthetic device, orthotic, or prosthetic that is furnished on a rental basis after the rental payment may no longer be made. (Penalties are assessed in the same manner as 42 U.S.C. 1395m(a)(11)(A), that is in the same manner as 1395u(j)(2)(B), which is assessed according to 1320a-7a(a))201815,02415,27030,000 1395m(j)(2)(A)(iii)CMSPenalty for any supplier of durable medical equipment including a supplier of prosthetic devices, prosthetics, orthotics, or supplies that knowingly and willfully distributes a certificate of medical necessity in violation of Section 1834(j)(2)(A)(i) of the Act or fails to provide the information required under Section 1834(j)(2)(A)(ii) of the Act20161,5911,6171,650 1395m(j)(4) 542 CFR 402.1(c)(10), 402.105(d)(2)(vii)CMSPenalty for any supplier of durable medical equipment, including a supplier of prosthetic devices, prosthetics, orthotics, or supplies that knowingly and willfully fails to make refunds in a timely manner to Medicare beneficiaries for series billed other than on as assignment-related basis under certain conditions. (Penalties are assessed in the same manner as 42 U.S.C. 1395m(j)(4) and 1395u(j)(2)(B), which is assessed according to 1320a-7a(a))201815,02415,27030,000 1395m(k)(6) 542 CFR 402.1(c)(31), 402.105(d)(3)CMSPenalty for any person or entity who knowingly and willfully bills or collects for any outpatient therapy services or comprehensive outpatient rehabilitation services on other than an assignment-related basis. (Penalties are assessed in the same manner as 42 U.S.C. 1395m(k)(6) and 1395u(j)(2)(B), which is assessed according to 1320a-7a(a))201815,02415,27030,000 1395m(l)(6) 542 CFR 402.1(c)(32), 402.105(d)(4)CMSPenalty for any supplier of ambulance services who knowingly and willfully fills or collects for any services on other than an assignment-related basis. (Penalties are assessed in the same manner as 42 U.S.C. 1395u(b)(18)(B), which is assessed according to 1320a-7a(a))201815,02415,27030,000 1395u(b)(18)(B) 542 CFR 402.1(c)(11), 402.105(d)(2)(viii)CMSPenalty for any practitioner specified in Section 1842(b)(18)(C) of the Act or other person that knowingly and willfully bills or collects for any services by the practitioners on other than an assignment-related basis. (Penalties are assessed in the same manner as 42 U.S.C. 1395u(j)(2)(B), which is assessed according to 1320a-7a(a))201815,02415,27030,000 1395u(j)(2)(B) 542 CFR 402.1(c)CMSPenalty for any physician who charges more than 125% for a non-participating referral. (Penalties are assessed in the same manner as 42 U.S.C. 1320a-7a(a))201815,02415,27030,000 1395u(k) 542 CFR 402.1(c)(12), 402.105(d)(2)(ix)CMSPenalty for any physician who knowingly and willfully presents or causes to be presented a claim for bill for an assistant at a cataract surgery performed on or after March 1, 1987, for which payment may not be made because of section 1862(a)(15). (Penalties are assessed in the same manner as 42 U.S.C. 1395u(j)(2)(B), which is assessed according to 1320a-7a(a))201815,02415,27030,000 1395u(l)(3) 542 CFR 402.1(c)(13), 402.105(d)(2)(x)CMSPenalty for any nonparticipating physician who does not accept payment on an assignment-related basis and who knowingly and willfully fails to refund on a timely basis any amounts collected for services that are not reasonable or medically necessary or are of poor quality under 1842(l)(1)(A). (Penalties are assessed in the same manner as 42 U.S.C. 1395u(j)(2)(B), which is assessed according to 1320a-7a(a))201815,02415,27030,000 1395u(m)(3) 542 CFR 402.1(c)(14), 402.105(d)(2)(xi)CMSPenalty for any nonparticipating physician charging more than $500 who does not accept payment for an elective surgical procedure on an assignment related basis and who knowingly and willfully fails to disclose the required information regarding charges and coinsurance amounts and fails to refund on a timely basis any amount collected for the procedure in excess of the charges recognized and approved by the Medicare program. (Penalties are assessed in the same manner as 42 U.S.C. 1395u(j)(2)(B), which is assessed according to 1320a-7a(a))201815,02415,27030,000 1395u(n)(3) 542 CFR 402.1(c)(15), 402.105(d)(2)(xii)CMSPenalty for any physician who knowingly, willfully, and repeatedly bills one or more beneficiaries for purchased diagnostic tests any amount other than the payment amount specified by the Act. (Penalties are assessed in the same manner as 42 U.S.C. 1395u(j)(2)(B), which is assessed according to 1320a-7a(a))201815,02415,27030,000 1395u(o)(3)(B) 542 CFR 414.707(b)CMSPenalty for any practitioner specified in Section 1842(b)(18)(C) of the Act or other person that knowingly and willfully bills or collects for any services pertaining to drugs or biologics by the practitioners on other than an assignment-related basis. (Penalties are assessed in the same manner as 42 U.S.C. 1395u(b)(18)(B) and 1395u(j)(2)(B), which is assessed according to 1320a-7a(a))201815,02415,27030,000 1395u(p)(3)(A)CMSPenalty for any physician or practitioner who knowingly and willfully fails promptly to provide the appropriate diagnosis codes upon CMS or Medicare administrative contractor request for payment or bill not submitted on an assignment-related basis20163,9574,0224,104 1395w-3a(d)(4)(A)42 CFR 414.806CMSPenalty for a pharmaceutical manufacturer's misrepresentation of average sales price of a drug, or biologic201612,85613,06613,333 1395w-4(g)(1)(B) 542 CFR 402.1(c)(17), 402.105(d)(2)(xiii)CMSPenalty for any nonparticipating physician, supplier, or other person that furnishes physician services not on an assignment-related basis who either knowingly and willfully bills or collects in excess of the statutorily-defined limiting charge or fails to make a timely refund or adjustment. (Penalties are assessed in the same manner as 42 U.S.C. 1395u(j)(2)(B), which is assessed according to 1320a-7a(a))201815,02415,27030,000 1395w-4(g)(3)(B) 542 CFR 402.1(c)(18), 402.105(d)(2)(xiv)CMSPenalty for any person that knowingly and willfully bills for statutorily defined State-plan approved physicians' services on any other basis than an assignment-related basis for a Medicare/Medicaid dual eligible beneficiary. (Penalties are assessed in the same manner as 42 U.S.C. 1395u(j)(2)(B), which is assessed according to 1320a-7a(a))201815,02415,27030,000 1395w-27(g)(3)(A); 1857(g)(3)42 CFR 422.760(b); 42 CFR 423.760(b)CMSPenalty for each termination determination the Secretary makes that is the result of actions by a Medicare Advantage organization or Part D sponsor that has adversely affected an individual covered under the organization's contract201636,79437,39638,159 1395w-27(g)(3)(B); 1857(g)(3)CMSPenalty for each week beginning after the initiation of civil money penalty procedures by the Secretary because a Medicare Advantage organization or Part D sponsor has failed to carry out a contract, or has carried out a contract inconsistently with regulations201614,71814,95915,264 1395w-27(g)(3)(D); 1857(g)(3)CMSPenalty for a Medicare Advantage organization's or Part D sponsor's early termination of its contract2016136,689138,925141,760 1395y(b)(3)(C)42 CFR 411.103(b)CMSPenalty for an employer or other entity to offer any financial or other incentive for an individual entitled to benefits not to enroll under a group health plan or large group health plan which would be a primary plan20168,9089,0549,239 1395y(b)(5)(C)(ii)42 CFR 402.1(c)(20), 42 CFR 402.105(b)(2)CMSPenalty for any non-governmental employer that, before October 1, 1998, willfully or repeatedly failed to provide timely and accurate information requested relating to an employee's group health insurance coverage20161,4501,4741,504 1395y(b)(6)(B)42 CFR 402.1(c)(21), 402.105(a)CMSPenalty for any entity that knowingly, willfully, and repeatedly fails to complete a claim form relating to the availability of other health benefits in accordance with statute or provides inaccurate information relating to such on the claim form20163,1823,2343,300 1395y(b)(7)(B)(i)CMSPenalty for any entity serving as insurer, third party administrator, or fiduciary for a group health plan that fails to provide information that identifies situations where the group health plan is or was a primary plan to Medicare to the HHS Secretary20161,1381,1571,181 1395pp(h) 542 CFR 402.1(c)(23), 402.105(d)(2)(xv)CMSPenalty for any durable medical equipment supplier, including a supplier of prosthetic devices, prosthetics, orthotics, or supplies, that knowingly and willfully fails to make refunds in a timely manner to Medicare beneficiaries under certain conditions. (42 U.S.C. 1395(m)(18) sanctions apply here in the same manner, which is under 1395u(j)(2) and 1320a-7a(a))201815,02415,27030,000 1395nn(g)(5)42 CFR 411.361CMSPenalty for any person that fails to report information required by HHS under Section 1877(f) concerning ownership, investment, and compensation arrangements201618,93619,24619,639 1395pp(h)42 CFR 402.1(c)(23), 402.105(d)(2)(xv)CMSPenalty for any durable medical equipment supplier, including a supplier of prosthetic devices, prosthetics, orthotics, or supplies, that knowingly and willfully fails to make refunds in a timely manner to Medicare beneficiaries under certain conditions. (42 U.S.C. 1395(m)(18) sanctions apply here in the same manner, which is under 1395u(j)(2) and 1320a-7a(a))201615,02415,27015,582 1395ss(a)(2)42 CFR 402.1(c)(24), 405.105(f)(1)CMSPenalty for any person that issues a Medicare supplemental policy that has not been approved by the State regulatory program or does not meet Federal standards after a statutorily defined effective date201651,56952,41353,483 1395ss(d)(3)(A)(vi)(II)CMSPenalty for someone other than issuer that sells or issues a Medicare supplemental policy to beneficiary without a disclosure statement201626,72327,16027,714 Penalty for an issuer that sells or issues a Medicare supplemental policy without disclosure statement201644,53945,26846,192 1395ss(d)(3)(B)(iv)CMSPenalty for someone other than issuer that sells or issues a Medicare supplemental policy without acknowledgement form.201626,72327,16027,714 Penalty for issuer that sells or issues a Medicare supplemental policy without an acknowledgement form201644,53945,26846,192 1395ss(p)(8)42 CFR 402.1(c)(25), 402.105(e)CMSPenalty for any person that sells or issues Medicare supplemental polices after a given date that fail to conform to the NAIC or Federal standards established by statute201626,72327,16027,714 42 CFR 402.1(c)(25), 405.105(f)(2)CMSPenalty for any person that sells or issues Medicare supplemental polices after a given date that fail to conform to the NAIC or Federal standards established by statute201644,53945,26846,192 1395ss(p)(9)(C)42 CFR 402.1(c)(26), 402.105(e)CMSPenalty for any person that sells a Medicare supplemental policy and fails to make available for sale the core group of basic benefits when selling other Medicare supplemental policies with additional benefits or fails to provide the individual, before selling the policy, an outline of coverage describing benefits201626,72327,16027,714 42 CFR 402.1(c)(26), 405.105(f)(3), (4)Penalty for any person that sells a Medicare supplemental policy and fails to make available for sale the core group of basic benefits when selling other Medicare supplemental policies with additional benefits or fails to provide the individual, before selling the policy, an outline of coverage describing benefits201644,53945,26846,192 1395ss(q)(5)(C)42 CFR 402.1(c)(27), 405.105(f)(5)CMSPenalty for any person that fails to suspend the policy of a policyholder made eligible for medical assistance or automatically reinstates the policy of a policyholder who has lost eligibility for medical assistance, under certain circumstances201644,53945,26846,192 1395ss(r)(6)(A)42 CFR 402.1(c)(28), 405.105(f)(6)CMSPenalty for any person that fails to provide refunds or credits as required by section 1882(r)(1)(B)201644,53945,26846,192 1395ss(s)(4)42 CFR 402.1(c)(29), 405.105(c)CMSPenalty for any issuer of a Medicare supplemental policy that does not waive listed time periods if they were already satisfied under a proceeding Medicare supplemental policy, or denies a policy, or conditions the issuances or effectiveness of the policy, or discriminates in the pricing of the policy base on health status or other specified criteria201618,90819,21719,609 1395ss(t)(2)42 CFR 402.1(c)(30), 405.105(f)(7)CMSPenalty for any issuer of a Medicare supplemental policy that fails to fulfill listed responsibilities201644,53945,26846,192 1395ss(v)(4)(A)CMSPenalty someone other than issuer who sells, issues, or renews a Medigap Rx policy to an individual who is a Part D enrollee201619,28419,59919,999 Penalty for an issuer who sells, issues, or renews a Medigap Rx policy who is a Part D enrollee201632,14032,66633,333 1395bbb(c)(1)42 CFR 488.725(c)CMSPenalty for any individual who notifies or causes to be notified a home health agency of the time or date on which a survey of such agency is to be conducted20164,1264,1944,280 1395bbb(f)(2)(A)(i)42 CFR 488.845(b)(2)(iii); 42 CFR 488.845(b)(3)-(6); and 42 CFR 488.845(d)(1)(ii)CMSMaximum daily penalty amount for each day a home health agency is not in compliance with statutory requirements201619,78720,11120,521 42 CFR 488.845(b)(3)Penalty per day for home health agency's noncompliance (Upper Range) Minimum201616,81917,09417,443 Maximum201619,78720,11120,521 42 CFR 488.845(b)(3)(i)Penalty for a home health agency's deficiency or deficiencies that cause immediate jeopardy and result in actual harm201619,78720,11120,521 42 CFR 488.845(b)(3)(ii)Penalty for a home health agency's deficiency or deficiencies that cause immediate jeopardy and result in potential for harm201617,80818,09918,468 42 CFR 488.845(b)(3)(iii)Penalty for an isolated incident of noncompliance in violation of established HHA policy201616,81917,09417,443 42 CFR 488.845(b)(4)Penalty for a repeat and/or condition-level deficiency that does not constitute immediate jeopardy, but is directly related to poor quality patient care outcomes (Lower Range) Minimum20162,9683,0173,079 Maximum201616,81917,09417,443 42 CFR 488.845(b)(5)Penalty for a repeat and/or condition-level deficiency that does not constitute immediate jeopardy and that is related predominately to structure or process-oriented conditions (Lower Range) Minimum20169891,0051,026 Maximum20167,9158,0448,208 42 CFR 488.845(b)(6)Penalty imposed for instance of noncompliance that may be assessed for one or more singular events of condition-level noncompliance that are identified and where the noncompliance was corrected during the onsite survey Minimum20161,9792,0112,052 Maximum201619,78720,11120,521 Penalty for each day of noncompliance (Maximum)201619,78720,11120,521 42 CFR 488.845(d)(1)(ii)Penalty for each day of noncompliance (Maximum)201619,78720,11120,521 1396b(m)(5)(B)42 CFR 460.46CMSPenalty for PACE organization's practice that would reasonably be expected to have the effect of denying or discouraging enrollment Minimum201622,07722,43822,896 Maximum2016147,177149,585152,638 Penalty for a PACE organization that charges excessive premiums201636,79437,39638,159 Penalty for a PACE organization misrepresenting or falsifying information to CMS, the State, or an individual or other entity2016147,177149,585152,638 Penalty for each determination the CMS makes that the PACE organization has failed to provide medically necessary items and services of the failure has adversely affected (or has the substantial likelihood of adversely affecting) a PACE participant201636,79437,39638,159 Penalty for involuntarily disenrolling a participant201636,79437,39638,159 Penalty for discriminating or discouraging enrollment or disenrollment of participants on the basis of an individual's health status or need for health care services201636,79437,39638,159 1396r(h)(3)(C)(ii)(I)42 CFR 488.408(d)(1)(iii)CMSPenalty per day for a nursing facility's failure to meet a Category 2 Certification Minimum2016103105107 Maximum20166,1886,2896,417 42 CFR 488.408(d)(1)(iv)CMSPenalty per instance for a nursing facility's failure to meet Category 2 certification Minimum20162,0632,0972,140 Maximum201620,62820,96521,393 42 CFR 488.408(e)(1)(iii)CMSPenalty per day for a nursing facility's failure to meet Category 3 certification Minimum20166,2916,3946,525 Maximum201620,62820,96521,393 42 CFR 488.408(e)(1)(iv)CMSPenalty per instance for a nursing facility's failure to meet Category 3 certification Minimum20162,0632,0972,140 Maximum201620,62820,96521,393 42 CFR 488.408(e)(2)(ii)CMSPenalty per instance for a nursing facility's failure to meet Category 3 certification, which results in immediate jeopardy Minimum20162,0632,0972,140 Maximum201620,62820,96521,393 42 CFR 488.438(a)(1)(i)CMSPenalty per day for nursing facility's failure to meet certification (Upper Range) Minimum20166,2916,3946,525 Maximum201620,62820,96521,393 42 CFR 488.438(a)(1)(ii)CMSPenalty per day for nursing facility's failure to meet certification (Lower Range) Minimum2016103105107 Maximum20166,1886,2896,417 42 CFR 488.438(a)(2)CMSPenalty per instance for nursing facility's failure to meet certification Minimum20162,0632,0972,140 Maximum201620,62820,96521,393 1396r(f)(2)(B)(iii)(I)(c)42 CFR 483.151(b)(2)(iv) and (b)(3)(iii)CMSGrounds to prohibit approval of Nurse Aide Training Program - if assessed a penalty in 1819(h)(2)(B)(i) or 1919(h)(2)(A)(ii) of “not less than $5,000” [Not CMP authority, but a specific CMP amount (CMP at this level) that is the triggering condition for disapproval]201610,31410,48310,697 1396r(h)(3)(C)(ii)(I)42 CFR 483.151(c)(2)CMSGrounds to waive disapproval of nurse aide training program - reference to disapproval based on imposition of CMP “not less than $5,000” [Not CMP authority but CMP imposition at this level determines eligibility to seek waiver of disapproval of nurse aide training program]201610,31410,48310,697 1396t(j)(2)(C)CMSPenalty for each day of noncompliance for a home or community care provider that no longer meets the minimum requirements for home and community care Minimum2016222 Maximum201617,81618,10718,477 1396u-2(e)(2)(A)(i)42 CFR 438.704CMSPenalty for a Medicaid managed care organization that fails substantially to provide medically necessary items and services201636,79437,39638,159 Penalty for Medicaid managed care organization that imposes premiums or charges on enrollees in excess of the premiums or charges permitted201636,79437,39638,159 Penalty for a Medicaid managed care organization that misrepresents or falsifies information to another individual or entity201636,79437,39638,159 Penalty for a Medicaid managed care organization that fails to comply with the applicable statutory requirements for such organizations201636,79437,39638,159 1396u-2(e)(2)(A)(ii)42 CFR 438.704CMSPenalty for a Medicaid managed care organization that misrepresents or falsifies information to the HHS Secretary2016147,177149,585152,638 Penalty for Medicaid managed care organization that acts to discriminate among enrollees on the basis of their health status2016147,177149,585152,638 1396u-2(e)(2)(A)(iv)42 CFR 438.704CMSPenalty for each individual that does not enroll as a result of a Medicaid managed care organization that acts to discriminate among enrollees on the basis of their health status201622,07722,43822,896 1396u(h)(2)42 CFR Part 441, Subpart ICMSPenalty for a provider not meeting one of the requirements relating to the protection of the health, safety, and welfare of individuals receiving community supported living arrangements services201620,62820,96521,393 1396w-2(c)(1)CMSPenalty for disclosing information related to eligibility determinations for medical assistance programs201611,00211,18211,410 18041(c)(2)45 CFR 150.315; 45 CFR 156.805(c)CMSFailure to comply with requirements of the Public Health Services Act; Penalty for violations of rules or standards of behavior associated with issuer participation in the Federally-facilitated Exchange. (42 U.S.C. 300gg-22(b)(2)(C))2016150152155 18081(h)(1)(A)(i)(II)42 CFR 155.285CMSPenalty for providing false information on Exchange application201627,18627,63128,195 18081(h)(1)(B)42 CFR 155.285CMSPenalty for knowingly or willfully providing false information on Exchange application2016271,862276,310281,949 18081(h)(2)42 CFR 155.260CMSPenalty for knowingly or willfully disclosing protected information from Exchange201627,18627,63128,195 31 U.S.C. 135245 CFR 93.400(e)HHSPenalty for the first time an individual makes an expenditure prohibited by regulations regarding lobbying disclosure, absent aggravating circumstances201618,93619,24619,639 Penalty for second and subsequent offenses by individuals who make an expenditure prohibited by regulations regarding lobbying disclosure Minimum201618,93619,24619,639 Maximum2016189,361192,459196,387 Penalty for the first time an individual fails to file or amend a lobbying disclosure form, absent aggravating circumstances201618,93619,24619,639 Penalty for second and subsequent offenses by individuals who fail to file or amend a lobbying disclosure form, absent aggravating circumstances Minimum201618,93619,24619,639 Maximum2016189,361192,459196,387 45 CFR Part 93, Appendix AHHSPenalty for failure to provide certification regarding lobbying in the award documents for all sub-awards of all tiers Minimum201618,93619,24619,639 Maximum2016189,361192,459196,387 Penalty for failure to provide statement regarding lobbying for loan guarantee and loan insurance transactions Minimum201618,93619,24619,639 Maximum2016189,361192,459196,387 3801-381245 CFR 79.3(a)(1)(iv)HHSPenalty against any individual who - with knowledge or reason to know - makes, presents or submits a false, fictitious or fraudulent claim to the Department20169,89410,05610,261 45 CFR 79.3(b)(1(ii)HHSPenalty against any individual who - with knowledge or reason to know - makes, presents or submits a false, fictitious or fraudulent claim to the Department20169,89410,05610,261 1 Some HHS components have not promulgated regulations regarding their civil monetary penalty-specific statutory authorities. 2 The description is not intended to be a comprehensive explanation of the underlying violation; the statute and corresponding regulation, if applicable, should be consulted. 3 Statutory or Inflation Act Adjustment. 4 The cost of living multiplier for 2018, based on the CPI-U for the month of October 2017, not seasonally adjusted, is 1.02041, as indicated in OMB Memorandum M-18-03, “Implementation of Penalty Inflation Adjustments for 2018, Pursuant to the Federal Civil Penalties Adjustment Act Improvements Act of 2015” (December 15, 2017). 5 2018 Maximum Adjusted Penalty column adjusted based on changes to the Bipartisan Budget Act of 2018 for 42 U.S.C.1320a-7a(a),1320a-7a(b), 1395l(h)(5)(D),1395m(a)(11)(A),1395m(a)(18)(B), 1395m(b)(5)(C), 1395m(h)(3), 1395m(j)(4), 1395m(k)(6), 1395m(l)(6), 1395u(b)(18)(B), 1395u(j)(2)(B), 1395u(k), 1395u(l)(3), 1395u(m)(3), 1395u(n)(3), 1395u(o)(3)(B), 1395w-4(g)(1)(B), 1395w-4(g)(3)(B),1395pp(h).

[81 FR 61565, Sept. 6, 2016, as amended at 83 FR 51370, Oct. 11, 2018]