§ 200.320. Determinations regarding the amount of penalties and assessments.
168 words·~1 min read·
/us/cfr/t32/s§ 200.320·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In considering the factors listed in § 200.140:
(a)It should be considered a mitigating circumstance if all the items, services, or violations included in the action brought under this part were of the same type and occurred within a short period of time; there were few such items, services, or violations; and the total amount claimed or requested for such items or services was less than \$5,000.
(b)Aggravating circumstances include---
(1)The violations were of several types or occurred over a lengthy period of time;
(2)There were many such items, services, or violations (or the nature and circumstances indicate a pattern of claims or requests for payment for such items or services or a pattern of violations);
(3)The amount claimed or requested for such items or services or the amount of the remuneration was \$50,000 or more; or
(4)The violation resulted, or could have resulted, in harm to the patient, a premature discharge, or a need for additional services or subsequent hospital admission.