§ 200.220. Determinations regarding the amount of penalties and assessments.
201 words·~1 min read·
/us/cfr/t32/s§ 200.220·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 or 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 or 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 or 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 overpayment was \$50,000 or more;
(4)The violation resulted, or could have resulted, in patient harm, premature discharge, or a need for additional services or subsequent hospital admission; or
(5)The amount or type of financial, ownership, or control interest or the degree of responsibility a person has in an entity was substantial with respect to an action brought under § 200.200(b)(3).