(a) Monitoring.

1. (1) CMS may evaluate whether a provider has complied with the requirements under § 182.40.

2. (2) CMS may use methods to monitor and assess provider compliance with the requirements under this part, including, but not limited to, the following, as appropriate:

   1. (i) CMS' evaluation of complaints made to CMS.
   2. (ii) CMS review of an individual's or entity's analysis of noncompliance as stated in the complaint.
   3. (iii) CMS review of providers' websites.

(b) Actions to address provider noncompliance. If CMS concludes that the provider is noncompliant with one or more of the requirements of § 182.40, CMS may take any of the following actions:

1. (1) Provide a written warning notice to the provider of the specific violation(s).
2. (2) Request that the provider submit and comply with a corrective action plan under § 182.60.
3. (3) Impose a civil monetary penalty on the provider if the provider fails to respond to CMS' request to submit a corrective action plan or to comply with the requirements of a corrective action plan approved by CMS.