45 CFR § 102.3 - Penalty adjustment and table.

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§ 102.3 Penalty adjustment and table.

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.

Table 1 to § 102.3—Civil Monetary Penalty Authorities Administered by HHS

U.S.C. section(s) CFR 1 HHS agency Description 2 Date of last
penalty
figure or
adjustment 3		 2022
Maximum
adjusted
penalty
($) 		2023
Maximum
adjusted
penalty
($) 4
21 U.S.C.:
333(b)(2)(A) FDA Penalty for violations related to drug samples resulting in a conviction of any representative of manufacturer or distributor in any 10-year period 2022 115,054 123,965
333(b)(2)(B) FDA Penalty 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 period 2022 2,301,065 2,479,282
333(b)(3) FDA Penalty for failure to make a report required by 21 U.S.C. 353(d)(3)(E) relating to drug samples 2022 230,107 247,929
333(f)(1)(A) FDA Penalty for any person who violates a requirement related to devices for each such violation 2022 31,076 33,483
FDA Penalty for aggregate of all violations related to devices in a single proceeding 2022 2,071,819 2,232,281
333(f)(2)(A) FDA Penalty 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. 350l 2022 87,362 94,128
FDA Penalty in the case of any other person (other than an individual) for such introduction or delivery of adulterated food 2022 436,809 470,640
FDA Penalty for aggregate of all such violations related to adulterated food adjudicated in a single proceeding 2022 873,618 941,280
333(f)(3)(A) FDA Penalty for all violations adjudicated in a single proceeding for any person who violates 21 U.S.C. 331(jj) 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) 2022 13,237 14,262
333(f)(3)(B) FDA Penalty for each day any above violation is not corrected after a 30-day period following notification until the violation is corrected 2022 13,237 14,262
333(f)(4)(A)(i) FDA Penalty 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) 2022 330,948 356,580
FDA Penalty for aggregate of all such above violations in a single proceeding 2022 1,323,791 1,426,319
333(f)(4)(A)(ii) FDA Penalty 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 violation 2022 330,948 356,580
FDA 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 period 2022 1,323,791 1,426,319
FDA Penalty for aggregate of all such above violations adjudicated in a single proceeding 2022 13,237,910 14,263,186
333(f)(9)(A) FDA Penalty for any person who violates a requirement which relates to tobacco products for each such violation 2022 19,192 20,678
FDA Penalty for aggregate of all such violations of tobacco product requirement adjudicated in a single proceeding 2022 1,279,448 1,378,541
333(f)(9)(B)(i)(I) FDA Penalty per violation related to violations of tobacco requirements 2022 319,863 344,636
FDA Penalty for aggregate of all such violations of tobacco product requirements adjudicated in a single proceeding 2022 1,279,448 1,378,541
333(f)(9)(B)(i)(II) FDA Penalty 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 violation 2022 319,863 344,636
FDA 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 period 2022 1,279,448 1,378,541
FDA Penalty for aggregate of all such violations related to tobacco product requirements adjudicated in a single proceeding 2022 12,794,487 13,785,420
333(f)(9)(B)(ii)(I) FDA Penalty 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 products 2022 319,863 344,636
FDA Penalty for aggregate of for all such above violations adjudicated in a single proceeding 2022 1,279,448 1,378,541
333(f)(9)(B)(ii)(II) FDA Penalty 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 violation 2022 319,863 344,636
FDA 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 period 2022 1,279,448 1,378,541
Penalty for aggregate above tobacco product requirement violations adjudicated in a single proceeding 2022 12,794,487 13,785,420
333(g)(1) FDA Penalty 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 period 2022 330,948 356,580
Penalty for each subsequent above violation in any 3-year period 2022 661,896 713,160
333 note FDA Penalty to be applied for violations of 21 U.S.C. 387f(d)(5) or of 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 period 2022 320 345
FDA Penalty in the case of a third violation of 21 U.S.C. 387f(d)(5) or of the tobacco product regulations within a 24-month period 2022 638 687
FDA Penalty in the case of a fourth violation of 21 U.S.C. 387f(d)(5) or of the tobacco product regulations within a 24-month period 2022 2,559 2,757
FDA Penalty in the case of a fifth violation of 21 U.S.C. 387f(d)(5) or of the tobacco product regulations within a 36-month period 2022 6,397 6,892
FDA Penalty in the case of a sixth or subsequent violation of 21 U.S.C. 387f(d)(5) or of the tobacco product regulations within a 48-month period as determined on a case-by-case basis 2022 12,794 13,785
FDA Penalty to be applied for violations of 21 U.S.C. 387f(d)(5) or of 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 violation 2022 320 345
FDA Penalty in the case of a second violation of 21 U.S.C. 387f(d)(5) or of the tobacco product regulations within a 12-month period 2022 638 687
FDA Penalty in the case of a third violation of 21 U.S.C. 387f(d)(5) or of the tobacco product regulations within a 24-month period 2022 1,280 1,379
FDA Penalty in the case of a fourth violation of 21 U.S.C. 387f(d)(5) or of the tobacco product regulations within a 24-month period 2022 2,559 2,757
FDA Penalty in the case of a fifth violation of 21 U.S.C. 387f(d)(5) or of the tobacco product regulations within a 36-month period 2022 6,397 6,892
FDA Penalty in the case of a sixth or subsequent violation of 21 U.S.C. 387f(d)(5) or of the tobacco product regulations within a 48-month period as determined on a case-by-case basis 2022 12,794 13,785
335b(a) FDA Penalty 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 services 2022 487,638 525,406
FDA Penalty in the case of any other person (other than an individual) per above violation 2022 1,950,548 2,101,618
360pp(b)(1) FDA Penalty for any person who violates any such requirements for electronic products, with each unlawful act or omission constituting a separate violation 2022 3,198 3,446
FDA Penalty imposed for any related series of violations of requirements relating to electronic products 2022 1,090,241 1,174,680
42 U.S.C. 2022 0
262(d) FDA Penalty per day for violation of order of recall of biological product presenting imminent or substantial hazard 2022 250,759 270,180
263b(h)(3) FDA Penalty for failure to obtain a mammography certificate as required 2022 19,507 21,018
300aa-28(b)(1) FDA Penalty per occurrence for any vaccine manufacturer that intentionally destroys, alters, falsifies, or conceals any record or report required 2022 250,759 270,180
256b(d)(1)(B)(vi) HRSA Penalty for each instance of overcharging a 340B covered entity 2022 6,323 6,813
299c-3(d) AHRQ Penalty for using or disclosing identifiable information obtained in the course of activities undertaken pursuant to Title IX of the Public Health Service Act, for a purpose other than that for which the information was supplied, without consent to do so 2022 16,443 17,717
653(l)(2) 45 CFR 303.21(f) ACF Penalty for Misuse of Information in the National Directory of New Hires 2022 1,687 1,818
262a(i)(1) 42 CFR 1003.910 OIG Penalty for each individual who violates safety and security procedures related to handling dangerous biological agents and toxins 2022 381,393 410,932
OIG Penalty for any other person who violates safety and security procedures related to handling dangerous biological agents and toxins 2022 762,790 821,868
300jj-51 OIG Penalty per violation for committing information blocking 2022 1,162,924 1,252,992
1320a-7a(a) 42 CFR 1003.210(a)(1) OIG Penalty for knowingly presenting or causing to be presented to an officer, employee, or agent of the United States a false claim 2022 22,427 24,164
OIG Penalty for knowingly presenting or causing to be presented a request for payment which violates the terms of an assignment, agreement, or PPS agreement 2022 22,427 24,164
42 CFR 1003.210(a)(2) OIG 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 decision 2022 33,641 36,246
42 CFR 1003.210(a)(3) OIG Penalty for an excluded party retaining ownership or control interest in a participating entity 2022 22,427 24,164
42 CFR 1003.1010 OIG Penalty for remuneration offered to induce program beneficiaries to use particular providers, practitioners, or suppliers 2022 22,427 24,164
42 CFR 1003.210(a)(4) OIG Penalty for employing or contracting with an excluded individual 2022 22,427 24,164
42 CFR 1003.310(a)(3) OIG 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 program 2022 112,131 120,816
42 CFR 1003.210(a)(1) OIG Penalty for ordering or prescribing medical or other item or service during a period in which the person was excluded 2022 22,427 24,164
42 CFR 1003.210(a)(6) OIG 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 supplier 2022 112,131 120,816
42 CFR 1003.210(a)(8) OIG Penalty for knowing of an overpayment and failing to report and return 2022 22,427 24,164
42 CFR 1003.210(a)(7) OIG Penalty for making or using a false record or statement that is material to a false or fraudulent claim 2022 63,231 68,128
42 CFR 1003.210(a)(9) OIG Penalty for failure to grant timely access to HHS OIG for audits, investigations, evaluations, and other statutory functions of HHS OIG 2022 33,641 36,246
1320a-7a(b) OIG Penalty 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 benefits 2022 5,606 6,040
OIG 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 benefits 2022 5,606 6,040
42 CFR 1003.210(a)(10) OIG Penalty for a physician who executes a document that falsely certifies home health needs for Medicare beneficiaries 2022 11,213 12,081
1320a-7a(o) OIG Penalty for knowingly presenting or causing to be presented a false or fraudulent specified claim under a grant, contract, or other agreement for which the Secretary provides funding 2022 10,937 11,784
OIG Penalty for knowingly making, using, or causing to be made or used any false statement, omission, or misrepresentation of a material fact in any application, proposal, bid, progress report, or other document required to directly or indirectly receive or retain funds provided pursuant to grant, contract, or other agreement 2022 54,686 58,921
OIG Penalty for Knowingly making, using, or causing to be made or used, a false record or statement material to a false or fraudulent specified claim under grant, contract, or other agreement 2022 54,686 58,921
OIG Penalty for knowingly making, using, or causing to be made or used, a false record or statement material to an obligation to pay or transmit funds or property with respect to grant, contract, or other agreement, or knowingly conceals or improperly avoids or decreases any such obligation 2022 53,772 each false record or statement, 10,754 per day 61,458 each false record or statement, 12,308 per day
OIG Penalty for failure to grant timely access, upon reasonable request, to the I.G. for purposes of audits, investigations, evaluations, or other statutory functions of I.G. in matters involving grants, contracts, or other agreements 2022 16,406 17,677
1320a-7e(b)(6)(A) 42 CFR 1003.810 OIG Penalty for failure to report any final adverse action taken against a health care provider, supplier, or practitioner 2022 42,788 46,102
1320b-10(b)(1) 42 CFR 1003.610(a) OIG Penalty 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 HHS 2022 11,506 12,397
1320b-10(b)(2) 42 CFR 1003.610(a) OIG Penalty 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 HHS 2022 57,527 61,982
1395i-3(b)(3)(B)(ii)(1) 42 CFR 1003.210(a)(11) OIG Penalty for certification of a false statement in assessment of functional capacity of a Skilled Nursing Facility resident assessment 2022 2,400 2,586
1395i-3(b)(3)(B)(ii)(2) 42 CFR 1003.210(a)(11) OIG Penalty for causing another to certify or make a false statement in assessment of functional capacity of a Skilled Nursing Facility resident assessment 2022 11,995 12,924
1395i-3(g)(2)(A) 42 CFR 1003.1310 OIG Penalty 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 conducted 2022 4,799 5,171
1395w-27(g)(2)(A) 42 CFR 1003.410 OIG Penalty for a Medicare Advantage organization that substantially fails to provide medically necessary, required items and services 2022 43,678 47,061
OIG Penalty for a Medicare Advantage organization that charges excessive premiums 2022 42,788 46,102
OIG Penalty for a Medicare Advantage organization that improperly expels or refuses to reenroll a beneficiary 2022 42,788 46,102
OIG Penalty for a Medicare Advantage organization that engages in practice that would reasonably be expected to have the effect of denying or discouraging enrollment 2022 171,156 184,412
OIG 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 enrollment 2022 25,673 27,661
OIG Penalty for a Medicare Advantage organization misrepresenting or falsifying information to Secretary 2022 171,156 184,412
OIG Penalty for a Medicare Advantage organization misrepresenting or falsifying information to individual or other entity 2022 42,788 46,102
OIG Penalty for Medicare Advantage organization interfering with provider's advice to enrollee and non-MCO affiliated providers that balance bill enrollees 2022 42,788 46,102
OIG Penalty for a Medicare Advantage organization that employs or contracts with excluded individual or entity 2022 42,788 46,102
OIG Penalty for a Medicare Advantage organization enrolling an individual in without prior written consent 2022 42,788 46,102
OIG Penalty for a Medicare Advantage organization transferring an enrollee to another plan without consent or solely for the purpose of earning a commission 2022 42,788 46,102
OIG Penalty for a Medicare Advantage organization failing to comply with marketing restrictions or applicable implementing regulations or guidance 2022 42,788 46,102
OIG Penalty for a Medicare Advantage organization employing or contracting with an individual or entity who violates 1395w-27(g)(1)(A)-(J) 2022 42,788 46,102
1395w-141(i)(3) OIG Penalty for a prescription drug card sponsor that falsifies or misrepresents marketing materials, overcharges program enrollees, or misuse transitional assistance funds 2022 14,950 16,108
1395cc(g) 42 CFR 1003.210(a)(5) OIG Penalty for improper billing by Hospitals, Critical Access Hospitals, or Skilled Nursing Facilities 2022 5,816 6,266
1395dd(d)(1) 42 CFR 1003.510 OIG Penalty for a hospital with 100 beds or more or responsible physician dumping patients needing emergency medical care 2022 119,942 129,232
Penalty for a hospital with less than 100 beds dumping patients needing emergency medical care 2022 59,973 64,618
1395mm(i)(6)(B)(i) 42 CFR 1003.410 OIG Penalty for a HMO or competitive medical plan if such plan substantially fails to provide medically necessary, required items or services 2022 59,973 64,618
OIG Penalty for HMOs/competitive medical plans that charge premiums in excess of permitted amounts 2022 59,973 64,618
OIG Penalty for a HMO or competitive medical plan that expels or refuses to reenroll an individual per prescribed conditions 2022 59,973 64,618
OIG Penalty for a HMO or competitive medical plan that implements practices to discourage enrollment of individuals needing services in future 2022 239,885 258,464
OIG 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 future 2022 34,517 37,190
OIG Penalty for a HMO or competitive medical plan that misrepresents or falsifies information to the Secretary 2022 239,885 258,464
OIG Penalty for a HMO or competitive medical plan that misrepresents or falsifies information to an individual or any other entity 2022 59,973 64,618
OIG Penalty for failure by HMO or competitive medical plan to assure prompt payment of Medicare risk sharing contracts or incentive plan provisions 2022 59,973 64,618
OIG Penalty for HMO that employs or contracts with excluded individual or entity 2022 55,052 59,316
1395nn(g)(3) 42 CFR 1003.310 OIG Penalty for submitting or causing to be submitted claims in violation of the Stark Law's restrictions on physician self-referrals 2022 27,750 29,899
1395nn(g)(4) 42 CFR 1003.310 OIG Penalty for circumvention schemes in violation of the Stark Law's restrictions on physician self-referrals 2022 185,009 199,338
1395ss(d)(1) 42 CFR 1003.1110 OIG Penalty for a material misrepresentation regarding Medigap compliance policies 2022 11,506 12,397
1395ss(d)(2) 42 CFR 1003.1110 OIG Penalty for selling Medigap policy under false pretense 2022 11,506 12,397
1395ss(d)(3)(A)(ii) 42 CFR 1003.1110 OIG Penalty for an issuer that sells health insurance policy that duplicates benefits 2022 51,796 55,808
OIG Penalty for someone other than issuer that sells health insurance that duplicates benefits 2022 31,076 33,483
1395ss(d)(4)(A) 42 CFR 1003.1110 OIG Penalty for using mail to sell a non-approved Medigap insurance policy 2022 11,506 12,397
1396b(m)(5)(B)(i) 42 CFR 1003.410 OIG Penalty for a Medicaid MCO that substantially fails to provide medically necessary, required items or services 2022 57,527 61,982
OIG Penalty for a Medicaid MCO that charges excessive premiums 2022 57,527 61,982
OIG Penalty for a Medicaid MCO that improperly expels or refuses to reenroll a beneficiary 2022 230,107 247,929
OIG 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 enrollment 2022 34,517 37,190
OIG Penalty for a Medicaid MCO misrepresenting or falsifying information to the Secretary 2022 230,107 247,929
OIG Penalty for a Medicaid MCO misrepresenting or falsifying information to an individual or another entity 2022 57,527 61,982
OIG Penalty for a Medicaid MCO that fails to comply with contract requirements with respect to physician incentive plans 2022 51,796 55,808
1396r(b)(3)(B)(ii)(I) 42 CFR 1003.210(a)(11) OIG Penalty for willfully and knowingly certifying a material and false statement in a Skilled Nursing Facility resident assessment 2022 2,400 2,586
1396r(b)(3)(B)(ii)(II) 42 CFR 1003.210(a)(11) OIG Penalty for willfully and knowingly causing another individual to certify a material and false statement in a Skilled Nursing Facility resident assessment 2022 11,995 12,924
1396r(g)(2)(A)(i) 42 CFR 1003.1310 OIG Penalty for notifying or causing to be notified a Skilled Nursing Facility of the time or date on which a survey is to be conducted 2022 4,799 5,171
1396r-8(b)(3)(B) 42 CFR 1003.1210 OIG Penalty for the knowing provision of false information or refusing to provide information about charges or prices of a covered outpatient drug 2022 207,183 223,229
1396r-8(b)(3)(C)(i) 42 CFR 1003.1210 OIG Penalty per day for failure to timely provide information by drug manufacturer with rebate agreement 2022 20,719 22,324
1396r-8(b)(3)(C)(ii) 42 CFR 1003.1210 OIG Penalty for knowing provision of false information by drug manufacturer with rebate agreement 2022 207,183 223,229
1396t(i)(3)(A) 42 CFR 1003.1310 OIG Penalty for notifying home and community-based providers or settings of survey 2022 4,144 4,465
11131(c) 42 CFR 1003.810 OIG Penalty for failing to report a medical malpractice claim to National Practitioner Data Bank 2022 25,076 27,018
11137(b)(2) 42 CFR 1003.810 OIG Penalty for breaching confidentiality of information reported to National Practitioner Data Bank 2022 25,076 27,018
299b-22(f)(1) 42 CFR 3.404 OCR Penalty for violation of confidentiality provision of the Patient Safety and Quality Improvement Act 2022 13,885 14,960
45 CFR 160.404(b)(1)(i), (ii) OCR Penalty for each pre-February 18, 2009 violation of the HIPAA administrative simplification provisions 2022 174 187
Calendar Year Cap 2022 43,678 47,061
1320(d)-5(a) 45 CFR 160.404(b)(2)(i)(A), (B) OCR Penalty 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: 2022
Minimum 2022 127 137
Maximum 2022 63,973 68,928
Calendar Year Cap 2022 1,919,173 2,067,813
45 CFR 160.404(b)(2)(ii)(A), (B) OCR Penalty 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: 2022
Minimum 2022 1,280 1,379
Maximum 2022 63,973 68,928
Calendar Year Cap 2022 1,919,173 2,067,813
45 CFR 160.404(b)(2)(iii)(A), (B) OCR Penalty 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: 2022
Minimum 2022 12,794 13,785
Maximum 2022 63,973 68,928
Calendar Year Cap 2022 1,919,173 2,067,813
45 CFR 160.404(b)(2)(iv)(A), (B) OCR Penalty 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: 2022
Minimum 2022 63,973 68,928
Maximum 2022 1,919,173 2,067,813
Calendar Year Cap 2022 1,919,173 2,067,813
42 U.S.C. 300gg-18, 42 U.S.C. 1302 45 CFR 180.90 CMS Penalty for a hospital's non-compliance with making public standard charges for hospital items and services 2022 300 323
Per Day (Maximum) 2022 5,500 5,926
45 CFR 180.90(c)(2)(i) CMS Per day penalty for a hospital's noncompliance with making public standard charges for hospital items and services 2022 304 328
45 CFR 180.90(c)(2)(ii)(A) CMS Per day penalty for hospitals with equal to or less than 30 beds 2022 300 323
45 CFR 180.90(c)(2)(ii)(B) CMS Per day, per bed penalty for hospitals having at least 31 and up to and including 550 beds 2022 10 11
45 CFR 180.90(c)(2)(ii)(C) CMS Per day penalty for hospitals having greater than 550 beds 2022 5,500 5,926
CARES Act, Public Law 116-136, section 3202(b)(2) 45 CFR 182.70 CMS Penalty for a provider's non-compliance with price transparency requirements regarding diagnostic tests for COVID-19 2022
Per Day (Maximum) 2022 300 323
263a(h)(2)(B) & 1395w-2(b)(2)(A)(ii) 42 CFR 493.1834(d)(2)(i). CMS Penalty for a clinical laboratory's failure to meet participation and certification requirements and poses immediate jeopardy: 2022
Minimum 2022 7,018 7,562
Maximum 2022 23,011 24,793
42 CFR 493.1834(d)(2)(ii) CMS Penalty for a clinical laboratory's failure to meet participation and certification requirements and the failure does not pose immediate jeopardy: 2022
Minimum 2022 116 125
Maximum 2022 6,902 7,437
42 CFR 493.1834(d)(2)(iii) CMS Penalty for a clinical laboratory's failure to meet SARS-CoV-2 test reporting requirements: 2022
First day of noncompliance 2022
Each additional day of noncompliance 2022
300gg-15(f) 45 CFR 147.200(e) CMS Failure to provide the Summary of Benefits and Coverage 2022 1,264 1,362
300gg-18 45 CFR 158.606 CMS Penalty for violations of regulations related to the medical loss ratio reporting and rebating 2022 126 136
45 CFR 180.90 CMS Price against hospital identified by CMS as noncompliant according to § 182.50 with respect to price transparency requirements regarding diagnostic tests for COVID-19 2022
42 U.S.C. 300gg-118 note, 300gg-134 CMS Penalties for failure to comply with No Surprises Act requirements on providers, facilities, providers of air ambulance services 2022 10,622 11,445
1320a-7h(b)(1) 42 CFR 402.105(d)(5), 42 CFR 403.912(a) & (c) CMS Penalty 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: 2022
Minimum 2022 1,264 1,362
Maximum 2022 12,646 13,625
Calendar Year Cap 2022 189,692 204,384
1320a-7h(b)(2) 42 CFR 402.105(h), 42 CFR 403.912(b) & (c) CMS Penalty 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: 2022
Minimum 2022 12,646 13,625
Maximum 2022 126,463 136,258
Calendar Year Cap 2022 1,264,622 1,362,567
CMS Penalty for an administrator of a facility that fails to comply with notice requirements for the closure of a facility 2022 126,463 136,258
1320a-7j(h)(3)(A) 42 CFR 488.446(a)(1), (2), & (3) CMS Minimum penalty for the first offense of an administrator who fails to provide notice of facility closure 2022 632 681
Minimum penalty for the second offense of an administrator who fails to provide notice of facility closure 2022 1,898 2,045
Minimum penalty for the third and subsequent offenses of an administrator who fails to provide notice of facility closure 2022 3,793 4,087
1320a-8(a)(1) CMS Penalty 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 disabled 2022 9,250 9,966
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 determination 2022 8,723 9,399
1320a-8(a)(3) CMS Penalty 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 beneficiary 2022 7,244 7,805
1320b-25(c)(1)(A) CMS Penalty 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 2022 252,925 272,514
1320b-25(c)(2)(A) CMS Penalty 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 individual 2022 379,386 408,769
1320b-25(d)(2) CMS Penalty 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 nurse 2022 252,925 272,514
1395b-7(b)(2)(B) 42 CFR 402.105(g) CMS Penalty 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 request 2022 171 184
1395i-3(h)(2)(B)(ii)(I) 42 CFR 488.408(d)(1)(iii) CMS Penalty per day for a Skilled Nursing Facility that has a Category 2 violation of certification requirements: 2022
Minimum 2022 120 129
Maximum 2022 7,195 7,752
42 CFR 488.408(d)(1)(iv) CMS Penalty per instance of Category 2 noncompliance by a Skilled Nursing Facility: 2022
Minimum 2022 2,400 2,586
Maximum 2022 23,989 25,847
42 CFR 488.408(e)(1)(iii) CMS Penalty per day for a Skilled Nursing Facility that has a Category 3 violation of certification requirements: 2022
Minimum 2022 7,317 7,884
Maximum 2022 23,989 25,847
42 CFR 488.408(e)(1)(iv) CMS Penalty per instance of Category 3 noncompliance by a Skilled Nursing Facility: 2022
Minimum 2022 2,400 2,586
Maximum 2022 23,989 25,847
42 CFR 488.408(e)(2)(ii) CMS Penalty per day and per instance for a Skilled Nursing Facility that has Category 3 noncompliance with Immediate Jeopardy: 2022
Per Day (Minimum) 2022 7,317 7,884
Per Day (Maximum) 2022 23,989 25,847
Per Instance (Minimum) 2022 2,400 2,586
Per Instance (Maximum) 2022 23,989 25,847
42 CFR 488.438(a)(1)(i) CMS Penalty per day of a Skilled Nursing Facility that fails to meet certification requirements. These amounts represent the upper range per day: 2022
Minimum 2022 7,317 7,884
Maximum 2022 23,989 25,847
42 CFR 488.438(a)(1)(ii) CMS Penalty per day of a Skilled Nursing Facility that fails to meet certification requirements. These amounts represent the lower range per day: 2022
Minimum 2022 120 129
Maximum 2022 7,195 7,752
42 CFR 488.438(a)(2) CMS Penalty per instance of a Skilled Nursing Facility that fails to meet certification requirements: 2022
Minimum 2022 2,400 2,586
Maximum 2022 23,989 25,847
42 CFR 488.447 CMS Penalty imposed for failure to comply with infection control weekly reporting requirements at 42 CFR 483.80(g)(1) and (2) 2022
First occurrence 2022 1,075 1,158
Incremental increases for each subsequent occurrence 2022 537 579
1395i-6(c)(5)(B)(i) 42 CFR 488.1245 CMS Penalty for noncompliance by hospice program with requirements specified in section 1395x(dd) of 42 USC 2022 10,000 10,775
42 CFR 488.1245(b)(2)(iii) CMS Adjustment to penalties. Maximum penalty assessment for each day a hospice is not in substantial compliance with one or more conditions of participation 2022 10,000 10,775
42 CFR 488.1245(b)(3) CMS Penalty imposed for hospice condition-level deficiency that is immediate jeopardy. These amounts represent the upper range of penalty
CMS Minimum 2022 8,500 9,158
Maximum 2022 10,000 10,775
42 CFR 488.1245(b)(3)(i) CMS Penalty imposed for hospice condition-level deficiency that is immediate jeopardy. These amounts represent the upper range of penalty 2022 10,000 10,775
42 CFR 488.1245(b)(3)(ii) CMS Penalty imposed for hospice condition-level deficiency that is immediate jeopardy. These amounts represent the upper range of penalty 2022 9,000 9,697
42 CFR 488.1245(b)(3)(iii) CMS Penalty imposed for hospice condition-level deficiency that is immediate jeopardy. These amounts represent the upper range of penalty 2022 8,500 9,158
42 CFR 488.1245(b)(4) CMS Penalty imposed for hospice repeat or condition-level deficiency or both that does not constitute immediate jeopardy but is directly related to poor quality patient care outcomes. These amounts represent the middle range of penalty 2022
Minimum 2022 1,500 1,616
Maximum 2022 8,500 9,158
42 CFR 488.1245(b)(5) CMS Penalty imposed for hospice repeat or condition-level deficiency or both that does not constitute immediate jeopardy and are related predominantly to structure or process-oriented conditions rather than directly related to patient outcomes. These amounts represent the lower range of penalty 2022
Minimum 2022 500 539
Maximum 2022 4,000 4,310
42 CFR 488.1245(b)(6) CMS Penalty range imposed for per instance of hospice noncompliance 2022
CMS Minimum 2022 1,000 1,077
Maximum 2022 10,000 10,775
42 CFR 488.1245(d)(1)(ii) CMS Penalty for each per instance of hospice noncompliance, maximum per day per hospice program 2022 10,000 10,775
1395l(h)(5)(D) 42 CFR 402.105(d)(2)(i) CMS Penalty 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)) 2022 17,472 18,825
1395l(i)(6) CMS Penalty 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 involved 2022 4,603 4,960
1395l(q)(2)(B)(i) 42 CFR 402.105(a) CMS Penalty for knowingly and willfully failing to provide information about a referring physician when seeking payment on an unassigned basis 2022 4,404 4,745
1395m(a)(11)(A) 42 CFR 402.1(c)(4), 402.105(d)(2)(ii) CMS Penalty 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)) 2022 17,472 18,825
1395m(a)(18)(B) 42 CFR 402.1(c)(5), 402.105(d)(2)(iii) CMS Penalty 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)) 2022 17,472 18,825
1395m(b)(5)(C) 42 CFR 402.1(c)(6), 402.105(d)(2)(iv) CMS Penalty 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)) 2022 17,472 18,825
1395m(h)(3) 42 CFR 402.1(c)(8), 402.105(d)(2)(vi) CMS Penalty 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)) 2022 17,472 18,825
1395m(j)(2)(A)(iii) CMS Penalty 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 Act 2022 1,850 1,993
1395m(j)(4) 42 CFR 402.1(c)(10), 402.105(d)(2)(vii) CMS Penalty 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)) 2022 17,472 18,825
1395m-1(a) 42 CFR 414.504(e) CMS Penalty for an applicable entity that has failed to report or made a misrepresentation or omission in reporting applicable information with respect to a clinical diagnostic laboratory test 2022 11,649 12,551
42 CFR 402.1(c)(31), 402.105(d)(3) CMS Penalty 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)) 2022 17,472 18,825
1395m(l)(6) 42 CFR 402.1(c)(32), 402.105(d)(4) CMS Penalty 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)) 2022 17,472 18,825
1395u(b)(18)(B) 42 CFR 402.1(c)(11), 402.105(d)(2)(viii) CMS Penalty 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)) 2022 17,472 18,825
1395u(j)(2)(B) 42 CFR 402.1(c) CMS Penalty 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)) 2022 17,472 18,825
1395u(k) 42 CFR 402.1(c)(12), 402.105(d)(2)(ix) 1834A(a)(9) and 42 CFR 414.504(e) CMS Penalty 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)) 2022 17,472 18,825
1395u(l)(3) 42 CFR 402.1(c)(13), 402.105(d)(2)(x) CMS Penalty 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)) 2022 17,472 18,825
1395u(m)(3) 42 CFR 402.1(c)(14), 402.105(d)(2)(xi) CMS Penalty 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)) 2022 17,472 18,825
1395u(n)(3) 42 CFR 402.1(c)(15), 402.105(d)(2)(xii) CMS Penalty 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)) 2022 17,472 18,825
1395u(o)(3)(B) 42 CFR 414.707(b) CMS Penalty 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)) 2022 17,472 18,825
1395u(p)(3)(A) CMS Penalty 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 basis 2022 4,603 4,960
1395w-3a(d)(4)(A) 42 CFR 414.806 CMS Penalty for a pharmaceutical manufacturer's misrepresentation of average sales price of a drug, or biologic 2022 14,950 16,108
1395w-4(g)(1)(B) 42 CFR 402.1(c)(17), 402.105(d)(2)(xiii) CMS Penalty 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)) 2022 17,472 18,825
1395w-4(g)(3)(B) 42 CFR 402.1(c)(18), 402.105(d)(2)(xiv) CMS Penalty 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)) 2022 17,472 18,825
1395w-27(g)(3)(A); 1857(g)(3); 1860D-12(b)(3)(E) 42 CFR 422.760(b); 42 CFR 423.760(b) CMS Penalty 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 (or has the substantial likelihood of adversely affecting) an individual covered under the organization's contract 2022 42,788 46,102
1395w-27(g)(3)(B); 1857(g)(3); 1860D-12(b)(3)(E) CMS Penalty 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 regulations 2022 17,116 18,442
1395w-27(g)(3)(D); 1857(g)(3): 1860D-12(b)(3)(E) CMS Penalty for a Medicare Advantage organization's or Part D sponsor's early termination of its contract 2022 158,947 171,257
1395y(b)(3)(C) 42 CFR 411.103(b) CMS Penalty 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 plan 2022 10,360 11,162
1395y(b)(5)(C)(ii) 42 CFR 402.1(c)(20), 42 CFR 402.105(b)(2) CMS Penalty 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 coverage 2022 1,687 1,818
1395y(b)(6)(B) 42 CFR 402.1(c)(20), 402.105(a) CMS Penalty 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 form 2022 3,701 3,988
1395y(b)(7)(B)(i) 42 CFR 402.1(c)(21), 402.105(a) CMS Penalty 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 Secretary 2022 1,325 1,428
1395y(b)(8)(E) CMS Penalty for any non-group health plan that fails to identify claimants who are Medicare beneficiaries and provide information to the HHS Secretary to coordinate benefits and pursue any applicable recovery claim 2022 1,325 1,428
1395y(b)(8)(E)(i) 42 CFR 402.1(c)(22), 402.105(b)(2) CMS Penalty for any entity serving as insurer, third party administrator, or fiduciary for a non-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 Secretary 2022 1,325 1,428
1395nn(g)(5) 42 CFR 411.361 CMS Penalty for any person that fails to report information required by HHS under Section 1877(f) concerning ownership, investment, and compensation arrangements 2022 22,021 23,727
1395pp(h) 42 CFR 402.1(c)(23), 402.105(d)(2)(xv) CMS Penalty 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)) 2022 17,472 18,825
1395ss(a)(2) 402.102(f)(1) CMS Penalty 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 date 2022 59,972 64,617
1395ss(d)(3)(A)(vi)(II) 42 CFR 402.1(c)(25), 402.105(e), 402.105(f)(2) CMS Penalty for someone other than issuer that sells or issues a Medicare supplemental policy to beneficiary without a disclosure statement 2022 31,076 33,483
CMS Penalty for an issuer that sells or issues a Medicare supplemental policy without disclosure statement 2022 51,796 55,808
1395ss(d)(3)(B)(iv) CMS Penalty for someone other than issuer that sells or issues a Medicare supplemental policy without acknowledgement form 2022 31,076 33,483
CMS Penalty for issuer that sells or issues a Medicare supplemental policy without an acknowledgement form 2022 51,796 55,808
1395ss(p)(8) 42 CFR 402.1(c)(25), 402.105(e) CMS Penalty for someone other than issuer that sells or issues Medicare supplemental polices after a given date that fail to conform to the NAIC or Federal standards established by statute 2022 31,076 33,483
42 CFR 402.1(c)(25), 405402.105(f)(2) CMS Penalty for an issuer that sells or issues Medicare supplemental polices after a given date that fail to conform to the NAIC or Federal standards established by statute 2022 51,796 55,808
1395ss(p)(9)(C) 42 CFR 402.1(c)(26), 402.105(e), 402.105(f)(3), (4) CMS Penalty for someone other than issuer 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 benefits 2022 31,076 33,483
402.105(f)(3), (4) CMS Penalty for an issuer 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 benefits 2022 51,796 55,808
1395ss(q)(5)(C) 402.105(f)(5) CMS Penalty 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 circumstances 2022 51,796 55,808
1395ss(r)(6)(A) 402.105(f)(6) CMS Penalty for any person that fails to provide refunds or credits as required by section 1882(r)(1)(B) 2022 51,796 55,808
1395ss(s)(4) 42 CFR 402.1(c)(29), 402.105(c) CMS Penalty 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 criteria 2022 21,989 23,692
1395ss(t)(2) 42 CFR 402.1(c)(30), 402.105(f)(7) CMS Penalty for any issuer of a Medicare supplemental policy that fails to fulfill listed responsibilities 2022 51,796 55,808
1395ss(v)(4)(A) CMS Penalty someone other than issuer who sells, issues, or renews a medigap Rx policy to an individual who is a Part D enrollee 2022 22,426 24,163
CMS Penalty for an issuer who sells, issues, or renews a Medigap Rx policy who is a Part D enrollee 2022 37,377 40,272
1395bbb(c)(1) 42 CFR 488.725(c) CMS Penalty 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 conducted 2022 4,799 5,171
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) CMS Maximum daily penalty amount for each day a home health agency is not in compliance with statutory requirements 2022 23,011 24,793
42 CFR 488.845(b)(3) CMS Penalty per day for home health agency's noncompliance (Upper Range): 2022
Minimum 2022 19,559 21,074
Maximum 2022 23,011 24,793
42 CFR 488.845(b)(3)(i) CMS Penalty for a home health agency's deficiency or deficiencies that cause immediate jeopardy and result in actual harm 2022 23,011 24,793
42 CFR 488.845(b)(3)(ii) CMS Penalty for a home health agency's deficiency or deficiencies that cause immediate jeopardy and result in potential for harm 2022 20,709 22,313
42 CFR 488.845(b)(3)(iii) CMS Penalty for an isolated incident of noncompliance in violation of established HHA policy 2022 19,559 21,074
42 CFR 488.845(b)(4) CMS 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): 2022
Minimum 2022 3,453 3,720
Maximum 2022 19,559 21,074
42 CFR 488.845(b)(5) CMS 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): 2022
Minimum 2022 1,151 1,240
Maximum 2022 2,301 2,479
42 CFR 488.845(b)(6) CMS 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: 2022
Penalty for each day of noncompliance (Minimum) 2022 2,301 2,479
Penalty for each day of noncompliance (Maximum) 2022 23,011 24,793
42 CFR 488.845(d)(1)(ii) CMS Penalty for each day of noncompliance (Maximum) 2022 23,011 24,793
1395eee(e)(6)(B); 1396u-4(e)(6)(B) 42 CFR 460.46 CMS Penalty for PACE organization that discriminates in enrollment or disenrollment, or engages in any practice that would reasonably be expected to have the effect of denying or discouraging enrollment, on the basis of health status or the need for services: 2022 42,788 46,102
CMS For each individual not enrolled as a result of the PACE organization's discrimination in enrollment or disenrollment or practice that would deny or discourage enrollment 2022
Minimum 2022 16,121 17,370
Maximum 2022 107,478 115,802
CMS Penalty for a PACE organization that charges excessive premiums 2022 42,788 46,102
CMS Penalty for a PACE organization misrepresenting or falsifying information to CMS or the State 2022 171,156 184,412
CMS Penalty for any other violation specified in 42 C.F.R. 460.40 2022 42,788 46,102
1396r(h)(3)(C)(ii)(I) 42 CFR 488.408(d)(1)(iii) CMS Penalty per day for a nursing facility's failure to meet a Category 2 Certification: 2022
Minimum 2022 120 129
Maximum 2022 7,195 7,752
42 CFR 488.408(d)(1)(iv) CMS Penalty per instance for a nursing facility's failure to meet Category 2 certification: 2022
Minimum 2022 2,400 2,586
Maximum 2022 23,989 25,847
42 CFR 488.408(e)(1)(iii) CMS Penalty per day for a nursing facility's failure to meet Category 3 certification: 2022
Minimum 2022 7,317 7,884
Maximum 2022 23,989 25,847
42 CFR 488.408(e)(1)(iv) CMS Penalty per instance for a nursing facility's failure to meet Category 3 certification: 2022
Minimum 2022 2,400 2,586
Maximum 2022 23,989 25,847
42 CFR 488.408(e)(2)(ii) CMS Penalty per instance for a nursing facility's failure to meet Category 3 certification, which results in immediate jeopardy: 2022
Minimum 2022 2,400 2,586
Maximum 2022 23,989 25,847
42 CFR 488.438(a)(1)(i) CMS Penalty per day for nursing facility's failure to meet certification (Upper Range): 2022
Minimum 2022 7,317 7,884
Maximum 2022 23,989 25,847
42 CFR 488.438(a)(1)(ii) CMS Penalty per day for nursing facility's failure to meet certification (Lower Range): 2022
Minimum 2022 120 129
Maximum 2022 7,195 7,752
42 CFR 488.438(a)(2) CMS Penalty per instance for nursing facility's failure to meet certification: 2022
Minimum 2022 2,400 2,586
Maximum 2022 23,989 25,847
42 CFR 488.447 CMS Penalty imposed for failure to comply with infection control weekly reporting requirements at 42 CFR 483.80(g)(1) and (2) 2022
First occurrence (Minimum) 2022 1,075 1,158
Incremental increases for each subsequent occurrence 2022 537 579
1396r(f)(2)(B)(iii)(I)(c) 42 CFR 483.151(b)(2)(iv) and (b)(3)(iii) CMS Grounds 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] 2022 11,995 12,924
1396r(h)(3)(C)(ii)(I) 42 CFR 483.151(c)(2) CMS Grounds 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] 2022 11,995 12,924
1396t(j)(2)(C) CMS Penalty for each day of noncompliance for a home or community care provider that no longer meets the minimum requirements for home and community care: 2022
Minimum 2022 2 2
Maximum 2022 20,719 22,324
1396u-2(e)(2)(A)(i) 42 CFR 438.704 CMS Penalty for a Medicaid managed care organization that fails substantially to provide medically necessary items and services 2022 42,788 46,102
CMS Penalty for Medicaid managed care organization that imposes premiums or charges on enrollees in excess of the premiums or charges permitted 2022 42,788 46,102
CMS Penalty for a Medicaid managed care organization that misrepresents or falsifies information to another individual or entity 2022 42,788 46,102
CMS Penalty for a Medicaid managed care organization that fails to comply with the applicable statutory requirements for such organizations 2022 42,788 46,102
1396u-2(e)(2)(A)(ii) 42 CFR 438.704 CMS Penalty for a Medicaid managed care organization that misrepresents or falsifies information to the HHS Secretary 2022 171,156 184,412
CMS Penalty for Medicaid managed care organization that acts to discriminate among enrollees on the basis of their health status 2022 171,156 184,412
1396u-2(e)(2)(A)(iv) 42 CFR 438.704 CMS Penalty 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 status 2022 25,673 27,661
1396u(h)(2) 42 CFR Part 441, Subpart I CMS Penalty 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 services 2022 23,989 25,847
1396w-2(c)(1) 42 U.S.C. 300gg-22(b)(2)(C)(i) 45 CFR 150.315 CMS Penalty for each day, for each individual affected by the failure of a health insurance issuer or non-Federal governmental group health plan to comply with federal market reform provisions in part A or D of title XXVII of the PHS Act | 2022 | 174 | 177 2022 12,794 13,785
42 U.S.C. 300gg-22(b)(2)(C)(i) 45 CFR 150.315 CMS Penalty for each day, for each individual affected by the failure of a health insurance issuer or non-Federal governmental group health plan to comply with federal market reform provisions in part A or D of title XXVII of the PHS Act 2022 174 177
18041(c)(2) 45 CFR 156.805(c) CMS Failure to comply with ACA requirements related to risk adjustment, reinsurance, risk corridors, Exchanges (including QHP standards) and other ACA Subtitle D standards; Penalty for violations of rules or standards of behavior associated with issuer compliance with risk adjustment, reinsurance, risk corridors, Exchanges (including QHP standards) and other ACA Subtitle D standards 2022 174 187
18081(h)(1)(A)(i)(II) 45 CFR 155.285 CMS Penalty for providing false information on Exchange application 2022 31,616 34,065
18081(h)(1)(B) 45 CFR 155.285 CMS Penalty for knowingly or willfully providing false information on Exchange application 2022 316,155 340,641
18081(h)(2) 45 CFR 155.260 CMS Penalty for knowingly or willfully disclosing protected information from Exchange 2022
CMS Minimum 2022 31,616 34,065
CMS Maximum 2022 323 348
18041(c)(2) 45 CFR 155.206(i) CMS Penalties for violation of applicable Exchange standards by consumer assistance entities in Federally-facilitated Exchanges 2022 38,771 41,774
Maximum (Per Day) 2022 107 115
31 U.S.C. 2022 323 348
1352 45 CFR 93.400(e) HHS Penalty for the first time an individual makes an expenditure prohibited by regulations regarding lobbying disclosure, absent aggravating circumstances 2022 22,021 23,727
Penalty for second and subsequent offenses by individuals who make an expenditure prohibited by regulations regarding lobbying disclosure: 2022
Minimum 2022 22,021 23,727
Maximum 2022 220,213 237,268
HHS Penalty for the first time an individual fails to file or amend a lobbying disclosure form, absent aggravating circumstances 2022 22,021 23,727
Penalty for second and subsequent offenses by individuals who fail to file or amend a lobbying disclosure form, absent aggravating circumstances: 2022
Minimum 2022 22,021 23,727
Maximum 2022 220,213 237,268
45 CFR Part 93, Appendix A HHS Penalty for failure to provide certification regarding lobbying in the award documents for all sub-awards of all tiers: 2022
Minimum 2022 22,021 23,727
Maximum 2022 220,213 237,268
HHS Penalty for failure to provide statement regarding lobbying for loan guarantee and loan insurance transactions: 2022
Minimum 2022 22,021 23,727
Maximum 2022 220,213 237,268
3801-3812 45 CFR 79.3(a)(1)(iv) HHS Penalty against any individual who—with knowledge or reason to know—makes, presents or submits a false, fictitious or fraudulent claim to the Department 2022 11,507 12,398
45 CFR 79.3(b)(1)(ii) HHS Penalty against any individual who—with knowledge or reason to know—makes, presents or submits a false, fictitious or fraudulent claim to the Department 2022 11,507 12,398

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 OMB Memorandum M-16-06, Implementation of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, published February 24, 2016, guided agencies on initial “catch-up” adjustment requirements, and M-17-11, Implementation of the 2017 annual adjustment pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, published December 16, 2016; followed by M-18-03, M-19-04,M-20-05, M-21-10,M-22-07, and M-23-05 guided agencies on annual adjustment requirements

5OMB Circular A-136, Financial Reporting Requirements, Section II.4.9, directs that agencies must make annual inflation adjustments to civil monetary penalties and report on the adjustments in the Agency Financial Report (AFR) or Performance and Accountability Report (PAR).

6 Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, § 701(b)(1)(A) (codified as amended at 28 U.S.C. 2461 note).

7 Annual inflation adjustments are based on the percent change between each published October's CPI-U. In this case, October 2022 CPI-U (298.012) / October 2021 CPI-U (276.589) = 1.07745.

[81 FR 61565, Sept. 6, 2016, as amended at 87 FR 15101, Mar. 17, 2022; 88 FR 69532, Oct. 6, 2023; 88 FR 70373, Oct. 11, 2023; 88 FR 82787, Nov. 27, 2023]