2026-01688: Annual Civil Monetary Penalties Inflation Adjustment
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The Department of Health and Human Services (HHS) is updating its regulations to reflect required annual inflation-related increases to the civil monetary penalty (CMP) amounts in its statutes and regulations, under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015.
The agency’s own summary, as published.
The rule, in full
11,136 words as published, January 28, 2026. View the original →
Federal Register, Volume 91 Issue 18 (Wednesday, January 28, 2026) [Federal Register Volume 91, Number 18 (Wednesday, January 28, 2026)] [Rules and Regulations] [Pages 3665-3682] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2026-01688] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES 45 CFR Part 102 RIN 0991-AC38 Annual Civil Monetary Penalties Inflation Adjustment
Agency
Office of the Assistant Secretary for Financial Resources, Department of Health and Human Services.
Action
Final rule. -----------------------------------------------------------------------
Summary
The Department of Health and Human Services (HHS) is updating its regulations to reflect required annual inflation-related increases to the civil monetary penalty (CMP) amounts in its statutes and regulations, under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015.
Dates
Effective date: This final rule is effective upon publication to the Federal Register. Applicability date: The adjusted civil monetary penalty amounts apply to penalties assessed on or after the date of publication to the Federal Register, if the violation occurred on or after November 2, 2015.
For Further Information Contact
Jennifer Johnson, Acting, Deputy Assistant Secretary, Office of Acquisitions, Office of the Assistant Secretary for Financial Resources, Room 536-H, Hubert Humphrey Building, 200 Independence Avenue SW, Washington, DC 20201; (771) 215- 0133.
Supplementary Information
I. Background
The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (section 701 of Pub. L. 114-74) (the ``2015 Act'') amended the Federal Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101-410, 104 Stat. 890 (1990)), which is intended to improve the effectiveness of CMPs and to maintain the deterrent effect of such penalties, requires agencies to adjust the CMPs for inflation annually. HHS lists the CMP authorities and the amounts administered by all of its agencies in tabular form in 45 CFR 102.3, which was issued in an interim final rule published in the September 6, 2016, Federal Register (81 FR 61538). Annual adjustments were subsequently published on February 3, 2017 (82 FR 9175), October 11, 2018 (83 FR 51369), November 5, 2019 (84 FR 59549), January 17, 2020 (85 FR 2869), November 15, 2021 (86 FR 62928), March 17, 2022 (87 FR 15100), October 6, 2023 (88 FR 69531), and August 8, 2024 (89 FR 64815).
II. Calculation of Annual Inflation Adjustment and Other Updates
The annual inflation adjustment for each applicable CMP is determined using the percent increase in the Consumer Price Index for all Urban Consumers (CPI-U) for the month of October of the year in which the amount of each CMP was most recently established or modified. In the December 17, 2024, Office of Management and Budget (OMB) Memorandum for the Heads of Executive Departments and Agencies, M-25- 02, ``Implementation of Penalty Inflation Adjustments for 2025, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015,'' OMB published the multiplier for the required annual adjustment. The cost-of-living adjustment multiplier for 2025, based on the CPI-U for the month of October 2024, not seasonally adjusted, is 1.02598. The multiplier is applied to each applicable penalty amount that was updated and published for fiscal year (FY) 2024 and is rounded to the nearest dollar. In addition to the inflation adjustments for 2025, this final rule corrects several technical errors and updates descriptions for clarification and accuracy. The following non-substantive technical errors were identified and are corrected and following descriptions are updated in the table in 45 CFR 102.3: The description of 42 U.S.C. 1320a-7j(h)(3)(A) is revised to add the word ``Maximum'' to accurately reflect the statutory maximum penalty amount. The regulatory cite associated with ``Penalty against hospital identified by CMS as noncompliant according to Sec. 182.50 with respect to price transparency requirements regarding diagnostic tests for COVID-19'' was corrected from 45 CFR 180.90 to 45 CFR 182.70. The 2024 maximum penalty associated with 45 CFR 180.90(c)(2)(ii)(C) was revised as it was cited incorrectly as $3,021 but should have been $6,118 in the last adjustment. In the 2024 adjustment, the amount reflected in the 2023 Maximum Adjusted Penalty column should have been $5,926, which was the actual adjusted amount in 2023 (see 88 FR at 69541). However, this amount was inadvertently mistyped as $2,926 in the last adjustment (see 89 FR at 64823). Applying the 2024 multiplier to the correct amount would have resulted in [[Page 3666]] $6,118 ($5,926 x 1.03241). Therefore, the 2024 Maximum Adjusted Penalty was revised in this rule to $6,118.
III. Statutory and Executive Order Reviews and Waiver of Proposed
Rulemaking The 2015 Act requires Federal agencies to publish annual penalty inflation adjustments notwithstanding section 553 of the Administrative Procedure Act (APA). Section 4(a) of the 2015 Act directs Federal agencies to publish annual adjustments no later than January 15th of each year thereafter. In accordance with section 553 of the APA, most rules are subject to notice and comment and are effective no earlier than 30 days after publication in the Federal Register. However, section 4(b)(2) of the 2015 Act provides that each agency shall make the annual inflation adjustments ``notwithstanding section 553'' of the APA. According to OMB's Memorandum M-25-02, the phrase ``notwithstanding section 553'' in section 4(b)(2) of the 2015 Act means that ``the notice and comment process the APA generally requires--i.e., notice, an opportunity for comment, and a delay in effective date--is not required for agencies to issue regulations implementing the annual adjustment.'' Consistent with the language of the 2015 Act and OMB's implementation guidance, the inflation adjustments set out in this rule are not subject to notice and an opportunity for public comment and will be effective immediately upon publication. Also, HHS finds that notice and comment procedures would be impracticable and unnecessary under the APA for the ministerial and technical changes in this rule. In addition, HHS is waiving notice and comment for the non-substantive technical corrections set out in this final rule. HHS finds good cause for issuing these changes as a final rule without prior notice and comment because these changes make technical clarifying edits to descriptions and corrections to inadvertent typographical errors from the last update. For these same reasons, HHS also finds good cause to make the final rule effective upon publication. Pursuant to OMB Memorandum M-25-02, HHS has determined that the annual inflation adjustment to the civil monetary penalties in its regulations does not trigger any requirements under procedural statutes and Executive Orders that govern rulemaking procedures.
IV. Effective and Applicability Dates
This rule is effective on the date specified in the DATES section of this final rule. The adjusted civil monetary penalty amounts apply to penalties assessed on or after the date specified in the DATES section of this final rule, if the violation occurred on or after November 2, 2015 (i.e., the date of enactment of the 2015 Act). If the violation occurred before November 2, 2015, or a penalty was assessed before September 6, 2016, the pre-adjustment civil penalty amounts in effect before September 6, 2016, will apply. List of Subjects in 45 CFR Part 102 Administrative practice and procedure, Penalties. For reasons discussed in the preamble, the Department of Health and Human Services amends subtitle A, title 45 of the Code of Federal Regulations as follows: PART 102--ADJUSTMENT OF CIVIL MONETARY PENALTIES FOR INFLATION 0
1. The authority citation for part 102 continues to read as follows:
Authority: Pub. L. 101-410, Sec. 701 of Pub. L. 114-74, 31 U.S.C. 3801-3812. 0
2. Amend Sec. 102.3 by revising table 1 to read as follows:
Sec. 102.3 Penalty adjustment and table. * * * * * [[Page 3667]] Table 1 to Sec. 102.3--Civil Monetary Penalty Authorities Administered By HHS -------------------------------------------------------------------------------------------------------------------------------------------------------- Date of last 2024 2025 penalty Maximum Maximum U.S.C. section(s) CFR \1\ HHS agency Description \2\ figure or adjusted adjusted adjustment penalty ($) penalty ($) \3\ \4\ -------------------------------------------------------------------------------------------------------------------------------------------------------- 21 U.S.C.: 333(b)(2)(A).............. ...................... FDA........... Penalty for violations related to drug 2024 127,983 131,308 samples resulting in a conviction of any representative of manufacturer or distributor in any 10-year period. 333(b)(2)(B).............. ...................... FDA........... Penalty for violation related to drug 2024 2,559,636 2,626,135 samples resulting in a conviction of any representative of manufacturer or distributor after the second conviction in any 10-yr period. 333(b)(3)................. ...................... FDA........... Penalty for failure to make a report 2024 255,964 262,614 required by 21 U.S.C. 353(d)(3)(E) relating to drug samples. 333(f)(1)(A).............. ...................... FDA........... Penalty for any person who violates a 2024 34,568 35,466 requirement related to devices for each such violation. FDA........... Penalty for aggregate of all violations 2024 2,304,629 2,364,503 related to devices in a single proceeding. 333(f)(2)(A).............. ...................... FDA........... Penalty for any individual who introduces 2024 97,179 99,704 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. FDA........... Penalty in the case of any other person 2024 485,893 498,517 (other than an individual) for such introduction or delivery of adulterated food. FDA........... Penalty for aggregate of all such 2024 971,787 997,034 violations related to adulterated food adjudicated in a single proceeding. 333(f)(3)(A).............. ...................... FDA........... Penalty for all violations adjudicated in 2024 14,724 15,107 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). 333(f)(3)(B).............. ...................... FDA........... Penalty for each day any above violation 2024 14,724 15,107 is not corrected after a 30-day period following notification until the violation is corrected. 333(f)(4)(A)(i)........... ...................... FDA........... Penalty for any responsible person that 2024 368,137 377,701 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). FDA........... Penalty for aggregate of all such above 2024 1,472,546 1,510,803 violations in a single proceeding. 333(f)(4)(A)(ii).......... ...................... FDA........... Penalty for REMS violation that continues 2024 368,137 377,701 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. FDA........... Penalty for REMS violation that continues 2024 1,472,546 1,510,803 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. FDA........... Penalty for aggregate of all such above 2024 14,725,456 15,108,023 violations adjudicated in a single proceeding. 333(f)(9)(A).............. ...................... FDA........... Penalty for any person who violates a 2024 21,348 21,903 requirement which relates to tobacco products for each such violation. FDA........... Penalty for aggregate of all such 2024 1,423,220 1,460,195 violations of tobacco product requirement adjudicated in a single proceeding. 333(f)(9)(B)(i)(I)........ ...................... FDA........... Penalty per violation related to 2024 355,806 365,050 violations of tobacco requirements. FDA........... Penalty for aggregate of all such 2024 1,423,220 1,460,195 violations of tobacco product requirements adjudicated in a single proceeding. 333(f)(9)(B)(i)(II)....... ...................... FDA........... Penalty in the case of a violation of 2024 355,806 365,050 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. FDA........... Penalty for violation of tobacco product 2024 1,423,220 1,460,195 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. FDA........... Penalty for aggregate of all such 2024 14,232,205 14,601,958 violations related to tobacco product requirements adjudicated in a single proceeding. [[Page 3668]] 333(f)(9)(B)(ii)(I)....... ...................... FDA........... Penalty for any person who either does 2024 355,806 365,050 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. FDA........... Penalty for aggregate of for all such 2024 1,423,220 1,460,195 above violations adjudicated in a single proceeding. 333(f)(9)(B)(ii)(II)...... ...................... FDA........... Penalty for violation of modified risk 2024 355,806 365,050 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. FDA........... Penalty for post-notice violation of 2024 1,423,220 1,460,195 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. Penalty for aggregate above tobacco 2024 14,232,205 14,601,958 product requirement violations adjudicated in a single proceeding. 333(g)(1)................. FDA........... Penalty for any person who disseminates 2024 368,137 377,701 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. Penalty for each subsequent above 2024 736,274 755,402 violation in any 3-year period. 333 note.................. ...................... FDA........... Penalty to be applied for violations of 2024 356 365 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.. FDA........... Penalty in the case of a third violation 2024 709 727 of 21 U.S.C. 387f(d)(5) or of the tobacco product regulations within a 24- month period. FDA........... Penalty in the case of a fourth violation 2024 2,846 2,920 of 21 U.S.C. 387f(d)(5) or of the tobacco product regulations within a 24- month period. FDA........... Penalty in the case of a fifth violation 2024 7,115 7,300 of 21 U.S.C. 387f(d)(5) or of the tobacco product regulations within a 36- month period. FDA........... Penalty in the case of a sixth or 2024 14,232 14,602 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. FDA........... Penalty to be applied for violations of 2024 356 365 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. FDA........... Penalty in the case of a second violation 2024 709 727 of 21 U.S.C. 387f(d)(5) or of the tobacco product regulations within a 12- month period. FDA........... Penalty in the case of a third violation 2024 1,424 1,461 of 21 U.S.C. 387f(d)(5) or of the tobacco product regulations within a 24- month period. FDA........... Penalty in the case of a fourth violation 2024 2,846 2,920 of 21 U.S.C. 387f(d)(5) or of the tobacco product regulations within a 24- month period. FDA........... Penalty in the case of a fifth violation 2024 7,115 7,300 of 21 U.S.C. 387f(d)(5) or of the tobacco product regulations within a 36- month period. FDA........... Penalty in the case of a sixth or 2024 14,232 14,602 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. 335b(a)................... ...................... FDA........... Penalty for each violation for any 2024 542,434 556,526 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. [[Page 3669]] FDA........... Penalty in the case of any other person 2024 2,169,731 2,226,101 (other than an individual) per above violation. 360pp(b)(1)............... ...................... FDA........... Penalty for any person who violates any 2024 3,558 3,650 such requirements for electronic products, with each unlawful act or omission constituting a separate violation. FDA........... Penalty imposed for any related series of 2024 1,212,751 1,244,258 violations of requirements relating to electronic products. 42 U.S.C.................. ...................... .............. ......................................... 2024 ........... ........... 262(d).................... ...................... FDA........... Penalty per day for violation of order of 2024 278,937 286,184 recall of biological product presenting imminent or substantial hazard. 263b(h)(3)................ ...................... FDA........... Penalty for failure to obtain a 2024 21,699 22,263 mammography certificate as required. 300aa-28(b)(1)............ ...................... FDA........... Penalty per occurrence for any vaccine 2024 278,937 286,184 manufacturer that intentionally destroys, alters, falsifies, or conceals any record or report required. 56b(d)(1)(B)(vi).......... ...................... HRSA.......... Penalty for each instance of overcharging 2024 7,034 7,217 a 340B covered entity. 299c-3(d)................. ...................... AHRQ.......... Penalty for using or disclosing 2024 18,291 18,766 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. 653(l)(2)................. 45 CFR 303.21(f)...... ACF........... Penalty for Misuse of Information in the 2024 1,877 1,926 National Directory of New Hires. 262a(i)(1)................ 42 CFR 1003.910....... OIG........... Penalty for each individual who violates 2024 424,250 435,272 safety and security procedures related to handling dangerous biological agents and toxins. 42 CFR 1003.1410...... OIG........... Penalty for any other person who violates 2024 848,505 870,549 safety and security procedures related to handling dangerous biological agents and toxins. 300jj-51.................. OIG........... Penalty per violation for committing 2024 1,293,601 1,327,209 information blocking. 1320a-7a(a)............... 42 CFR 1003.210(a)(1). OIG........... Penalty for knowingly presenting or 2024 24,947 25,595 causing to be presented to an officer, employee, or agent of the United States a false claim. OIG........... Penalty for knowingly presenting or 2024 24,947 25,595 causing to be presented a request for payment which violates the terms of an assignment, agreement, or PPS agreement. 42 CFR 1003.210(a)(2). OIG........... Penalty for knowingly giving or causing 2024 37,421 38,393 to be presented to a participating provider or supplier false or misleading information that could reasonably be expected to influence a discharge decision. 42 CFR 1003.210(a)(3). OIG........... Penalty for an excluded party retaining 2024 24,947 25,595 ownership or control interest in a participating entity. 42 CFR 1003.1010...... OIG........... Penalty for remuneration offered to 2024 24,947 25,595 induce program beneficiaries to use particular providers, practitioners, or suppliers. 42 CFR 1003.210(a)(4). OIG........... Penalty for employing or contracting with 2024 24,947 25,595 an excluded individual. 42 CFR 1003.310(a)(3). OIG........... Penalty for knowing and willful 2024 124,732 127,973 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. 42 CFR 1003.210(a)(1). OIG........... Penalty for ordering or prescribing 2024 24,947 25,595 medical or other item or service during a period in which the person was excluded. 42 CFR 1003.210(a)(6). OIG........... Penalty for knowingly making or causing 2024 124,732 127,973 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. 42 CFR 1003.210(a)(8). OIG........... Penalty for knowing of an overpayment and 2024 24,947 25,595 failing to report and return. 42 CFR 1003.210(a)(7). OIG........... Penalty for making or using a false 2024 70,336 72,163 record or statement that is material to a false or fraudulent claim. 42 CFR 1003.210(a)(9). OIG........... Penalty for failure to grant timely 2024 37,421 38,393 access to HHS OIG for audits, investigations, evaluations, and other statutory functions of HHS OIG. 1320a-7a(b)............... ...................... OIG........... Penalty for payments by a hospital or 2024 6,236 6,398 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. OIG........... Penalty for physicians who knowingly 2024 6,236 6,398 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. 42 CFR 1003.210(a)(10) OIG........... Penalty for a physician who executes a 2024 12,473 12,797 document that falsely certifies home health needs for Medicare beneficiaries. 1320a-7a(o)............... 42 CFR 1003.710(a)(1). OIG........... Penalty for knowingly presenting or 2024 12,166 12,482 causing to be presented a false or fraudulent specified claim under a grant, contract, or other agreement for which the Secretary provides funding. [[Page 3670]] 42 CFR 1003.710(a)(2). OIG........... Penalty for knowingly making, using, or 2024 60,831 62,411 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. 42 CFR 1003.710(a)(3). OIG........... Penalty for Knowingly making, using, or 2024 60,831 62,411 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. 42 CFR 1003.710(a)(4). OIG........... Penalty for knowingly making, using, or 2024 63,450 65,098 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, per each false record or statement. Penalty for knowingly making, using, or 2024 12,707 13,037 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, per day. 42 CFR 1003.710(a)(5). OIG........... Penalty for failure to grant timely 2024 18,250 18,724 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. 1320a-7e(b)(6)(A)......... 42 CFR 1003.810....... OIG........... Penalty for failure to report any final 2024 47,596 48,833 adverse action taken against a health care provider, supplier, or practitioner. 1320b-10(b)(1)............ 42 CFR 1003.610(a).... OIG........... Penalty for the misuse of words, symbols, 2024 12,799 13,132 or emblems in communications in a manner in which a person could falsely construe that such item is approved, endorsed, or authorized by HHS. 1320b-10(b)(2)............ 42 CFR 1003.610(a).... OIG........... Penalty for the misuse of words, symbols, 2024 63,991 65,653 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. 1395i-3(b)(3)(B)(ii)(1)... 42 CFR 1003.210(a)(11) OIG........... Penalty for certification of a false 2024 2,670 2,739 statement in assessment of functional capacity of a Skilled Nursing Facility resident assessment. 1395i-3(b)(3)(B)(ii)(2)... 42 CFR 1003.210(a)(11) OIG........... Penalty for causing another to certify or 2024 13,343 13,690 make a false statement in assessment of functional capacity of a Skilled Nursing Facility resident assessment. 1395i-3(g)(2)(A).......... 42 CFR 1003.1310...... OIG........... Penalty for any individual who notifies 2024 5,339 5,478 or causes to be notified a Skilled Nursing Facility of the time or date on which a survey is to be conducted. 1395w-27(g)(2)(A)......... 42 CFR 1003.410....... OIG........... Penalty for a Medicare Advantage 2024 48,586 49,848 organization that substantially fails to provide medically necessary, required items and services. OIG........... Penalty for a Medicare Advantage 2024 47,596 48,833 organization that charges excessive premiums. OIG........... Penalty for a Medicare Advantage 2024 47,596 48,833 organization that improperly expels or refuses to reenroll a beneficiary. OIG........... Penalty for a Medicare Advantage 2024 190,389 195,335 organization that engages in practice that would reasonably be expected to have the effect of denying or discouraging enrollment. OIG........... Penalty per individual who does not 2024 28,557 29,299 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. OIG........... Penalty for a Medicare Advantage 2024 190,389 195,335 organization misrepresenting or falsifying information to Secretary. OIG........... Penalty for a Medicare Advantage 2024 47,596 48,833 organization misrepresenting or falsifying information to individual or other entity. OIG........... Penalty for Medicare Advantage 2024 47,596 48,833 organization interfering with provider's advice to enrollee and non-MCO affiliated providers that balance bill enrollees. OIG........... Penalty for a Medicare Advantage 2024 47,596 48,833 organization that employs or contracts with excluded individual or entity. [[Page 3671]] OIG........... Penalty for a Medicare Advantage 2024 47,596 48,833 organization enrolling an individual in without prior written consent. OIG........... Penalty for a Medicare Advantage 2024 47,596 48,833 organization transferring an enrollee to another plan without consent or solely for the purpose of earning a commission. OIG........... Penalty for a Medicare Advantage 2024 47,596 48,833 organization failing to comply with marketing restrictions or applicable implementing regulations or guidance. OIG........... Penalty for a Medicare Advantage 2024 47,596 48,833 organization employing or contracting with an individual or entity who violates 1395w-27(g)(1)(A)-(J). 1395w-141(i)(3)........... ...................... OIG........... Penalty for a prescription drug card 2024 16,630 17,062 sponsor that falsifies or misrepresents marketing materials, overcharges program enrollees, or misuse transitional assistance funds. 1395cc(g)................. 42 CFR 1003.210(a)(5). OIG........... Penalty for improper billing by 2024 6,469 6,637 Hospitals, Critical Access Hospitals, or Skilled Nursing Facilities. 1395dd(d)(1).............. 42 CFR 1003.510....... OIG........... Penalty for a hospital with 100 beds or 2024 133,420 136,886 more or responsible physician dumping patients needing emergency medical care. OIG........... Penalty for a hospital with less than 100 2024 66,712 68,445 beds dumping patients needing emergency medical care. 1395mm(i)(6)(B)(i)........ 42 CFR 1003.410....... OIG........... Penalty for a HMO or competitive medical 2024 66,712 68,445 plan if such plan substantially fails to provide medically necessary, required items or services. OIG........... Penalty for HMOs/competitive medical 2024 66,712 68,445 plans that charge premiums in excess of permitted amounts. OIG........... Penalty for a HMO or competitive medical 2024 66,712 68,445 plan that expels or refuses to reenroll an individual per prescribed conditions. OIG........... Penalty for a HMO or competitive medical 2024 266,841 273,774 plan that implements practices to discourage enrollment of individuals needing services in future. OIG........... Penalty per individual not enrolled in a 2024 38,395 39,393 plan as a result of a HMO or competitive medical plan that implements practices to discourage enrollment of individuals needing services in the future. OIG........... Penalty for a HMO or competitive medical 2024 266,841 273,774 plan that misrepresents or falsifies information to the Secretary. OIG........... Penalty for a HMO or competitive medical 2024 66,712 68,445 plan that misrepresents or falsifies information to an individual or any other entity. OIG........... Penalty for failure by HMO or competitive 2024 66,712 68,445 medical plan to assure prompt payment of Medicare risk sharing contracts or incentive plan provisions. OIG........... Penalty for HMO that employs or contracts 2024 61,238 62,829 with excluded individual or entity. 1395nn(g)(3).............. 42 CFR 1003.310....... OIG........... Penalty for submitting or causing to be 2024 30,868 31,670 submitted claims in violation of the Stark Law's restrictions on physician self-referrals. 1395nn(g)(4).............. 42 CFR 1003.310....... OIG........... Penalty for circumvention schemes in 2024 205,799 211,146 violation of the Stark Law's restrictions on physician self-referrals. 1395ss(d)(1).............. 42 CFR 1003.1110...... OIG........... Penalty for a material misrepresentation 2024 12,799 13,132 regarding Medigap compliance policies. 1395ss(d)(2).............. 42 CFR 1003.1110...... OIG........... Penalty for selling Medigap policy under 2024 12,799 13,132 false pretense. 1395ss(d)(3)(A)(ii)....... 42 CFR 1003.1110...... OIG........... Penalty for an issuer that sells health 2024 57,617 59,114 insurance policy that duplicates benefits. OIG........... Penalty for someone other than issuer 2024 34,568 35,466 that sells health insurance that duplicates benefits. 1395ss(d)(4)(A)........... 42 CFR 1003.1110...... OIG........... Penalty for using mail to sell a non- 2024 12,799 13,132 approved Medigap insurance policy. 1396b(m)(5)(B)(i)......... 42 CFR 1003.410....... OIG........... Penalty for a Medicaid MCO that 2024 63,991 65,653 substantially fails to provide medically necessary, required items or services. OIG........... Penalty for a Medicaid MCO that charges 2024 63,991 65,653 excessive premiums. OIG........... Penalty for a Medicaid MCO that 2024 255,964 262,614 improperly expels or refuses to reenroll a beneficiary. OIG........... Penalty per individual who does not 2024 38,395 39,393 enroll as a result of a Medicaid MCO's practice that would reasonably be expected to have the effect of denying or discouraging enrollment. OIG........... Penalty for a Medicaid MCO 2024 255,964 262,614 misrepresenting or falsifying information to the Secretary. OIG........... Penalty for a Medicaid MCO 2024 63,991 65,653 misrepresenting or falsifying information to an individual or another entity. OIG........... Penalty for a Medicaid MCO that fails to 2024 57,617 59,114 comply with contract requirements with respect to physician incentive plans. 1396r(b)(3)(B)(ii)(I)..... 42 CFR 1003.210(a)(11) OIG........... Penalty for willfully and knowingly 2024 2,670 2,739 certifying a material and false statement in a Skilled Nursing Facility resident assessment. [[Page 3672]] 1396r(b)(3)(B)(ii)(II).... 42 CFR 1003.210(a)(11) OIG........... Penalty for willfully and knowingly 2024 13,343 13,690 causing another individual to certify a material and false statement in a Skilled Nursing Facility resident assessment. 1396r(g)(2)(A)(i)......... 42 CFR 1003.1310...... OIG........... Penalty for notifying or causing to be 2024 5,339 5,478 notified a Skilled Nursing Facility of the time or date on which a survey is to be conducted. 1396r-8(b)(3)(B).......... 42 CFR 1003.1210...... OIG........... Penalty for the knowing provision of 2024 230,464 236,451 false information or refusing to provide information about charges or prices of a covered outpatient drug. 1396r-8(b)(3)(C)(i)....... 42 CFR 1003.1210...... OIG........... Penalty per day for failure to timely 2024 23,048 23,647 provide information by drug manufacturer with rebate agreement. 1396r-8(b)(3)(C)(ii)...... 42 CFR 1003.1210...... OIG........... Penalty for knowing provision of false 2024 230,464 236,451 information by drug manufacturer with rebate agreement. 1396t(i)(3)(A)............ 42 CFR 1003.1310...... OIG........... Penalty for notifying home and community- 2024 4,610 4,730 based providers or settings of survey. 11131(c).................. 42 CFR 1003.810....... OIG........... Penalty for failing to report a medical 2024 27,894 28,619 malpractice claim to National Practitioner Data Bank. 11137(b)(2)............... 42 CFR 1003.810....... OIG........... Penalty for breaching confidentiality of 2024 27,894 28,619 information reported to National Practitioner Data Bank. 299b-22(f)(1)............. 42 CFR 3.404.......... OCR........... Penalty for violation of confidentiality 2024 15,445 15,846 provision of the Patient Safety and Quality Improvement Act. 1320(d)-5(a).............. 45 CFR OCR........... Penalty for each pre-February 18, 2009 2024 193 198 160.404(b)(1)(i), violation of the HIPAA administrative (ii). simplification provisions. OIG........... Calendar Year Cap........................ 2024 48,586 49,848 1320(d)-5(a).............. 45 CFR OCR........... Penalty for each February 18, 2009 or 2024 ........... ........... 160.404(b)(2)(i)(A), later violation of a HIPAA (B). 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. Minimum.................................. 2024 141 145 Maximum.................................. 2024 71,162 73,011 Calendar Year Cap........................ 2024 2,134,831 2,190,294 45 CFR OCR........... Penalty for each February 18, 2009 or 2024 ........... ........... 160.404(b)(2)(ii)(A), later violation of a HIPAA (B). administrative simplification provision in which it is established that the violation was due to reasonable cause and not to willful neglect. Minimum.................................. 2024 1,424 1,461 Maximum.................................. 2024 71,162 73,011 Calendar Year Cap........................ 2024 2,134,831 2,190,294 45 CFR OCR........... Penalty for each February 18, 2009 or 2024 ........... ........... 160.404(b)(2)(iii)(A) later violation of a HIPAA , (B). 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. Minimum.................................. 2024 14,232 14,602 Maximum.................................. 2024 71,162 73,011 Calendar Year Cap........................ 2024 2,134,831 2,190,294 45 CFR OCR........... Penalty for each February 18, 2009 or 2024 ........... ........... 160.404(b)(2)(iv)(A), later violation of a HIPAA (B). 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. Minimum.................................. 2024 71,162 73,011 Maximum.................................. 2024 2,134,831 2,190,294 Calendar Year Cap........................ 2024 2,134,831 2,190,294 290dd-2(f)................ 42 CFR 2.3(a) and (c). OCR........... Penalty for each violation of a 42 CFR 2024 ........... ........... part 2 provision in which it is established that the person did not know and by exercising reasonable diligence, would not have known that the person violated such a provision. Minimum.................................. 2024 100 103 [[Page 3673]] Maximum.................................. 2024 50,000 51,299 Calendar Year Cap........................ 2024 1,500,000 1,538,970 42 CFR 2.3(a) and (c). OCR........... Penalty for each violation of a 42 CFR 2024 ........... ........... part 2 provision in which it is established that the violation was due to reasonable cause and not to willful neglect. Minimum.................................. 2024 1,000 1,026 Maximum.................................. 2024 50,000 51,299 Calendar Year Cap........................ 2024 1,500,000 1,538,970 42 CFR 2.3(a) and (c). OCR........... Penalty for each violation of a 42 CFR 2024 ........... ........... part 2 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 person knew, or, by exercising reasonable diligence, would have known that the violation occurred. Minimum.................................. 2024 10,000 10,260 Maximum.................................. 2024 50,000 51,299 Calendar Year Cap........................ 2024 1,500,000 1,538,970 42 CFR 2.3(a) and (c). OCR........... Penalty for each violation of a 42 CFR 2024 ........... ........... part 2 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 person knew, or, by exercising reasonable diligence, would have known that the violation occurred. Minimum.................................. 2024 50,000 51,299 Maximum.................................. 2024 1,500,000 1,538,970 Calendar Year Cap........................ 2024 1,500,000 1,538,970 42 U.S.C. 300gg-18, 42 45 CFR 180.90......... CMS........... Penalty for a hospital's non-compliance 2024 333 342 U.S.C. 1302. with making public standard charges for hospital items and services. Per Day (Maximum)........................ 2024 6,118 6,277 45 CFR 180.90(c)(2)(i) CMS........... Applicable solely to CY 2021 penalties, 2024 339 348 per day penalty for a hospital's noncompliance with making public standard charges for hospital items and services. 45 CFR CMS........... Per day penalty for hospitals with equal 2024 333 342 180.90(c)(2)(ii)(A). to or less than 30 beds. 45 CFR CMS........... Per day, per bed penalty for hospitals 2024 11 11 180.90(c)(2)(ii)(B). having at least 31 and up to and including 550 beds. 45 CFR CMS........... Per day penalty for hospitals having 2024 6,118 6,277 180.90(c)(2)(ii)(C). greater than 550 beds. CARES Act, Public Law 116- 45 CFR 182.70......... CMS........... Penalty for a provider's non-compliance 2024 ........... ........... 136, section 3202(b)(2). with price transparency requirements regarding diagnostic tests for COVID-19. Per Day (Maximum)........................ 2024 N/A N/A 263a(h)(2)(B) & 1395w- 42 CFR CMS........... Penalty for a clinical laboratory's 2024 ........... ........... 2(b)(2)(A)(ii). 493.1834(d)(2)(i). failure to meet participation and certification requirements and poses immediate jeopardy. Minimum.................................. 2024 7,807 8,010 Maximum.................................. 2024 25,597 26,262 42 CFR CMS........... Penalty for a clinical laboratory's 2024 ........... ........... 493.1834(d)(2)(ii).. failure to meet participation and certification requirements and the failure does not pose immediate jeopardy. Minimum.................................. 2024 129 132 Maximum.................................. 2024 7,678 7,877 42 CFR CMS........... Penalty for a clinical laboratory's 2024 ........... ........... 493.1834(d)(2)(iii). failure to meet SARS-CoV-2 test reporting requirements. First day of noncompliance............... 2024 ........... ........... Each additional day of noncompliance..... 2024 ........... ........... 300gg-15(f)............... 45 CFR 147.200(e)..... CMS........... Failure to provide the Summary of 2024 1,406 1,443 Benefits and Coverage. 300gg-18.................. 45 CFR 158.606........ CMS........... Penalty for violations of regulations 2024 140 144 related to the medical loss ratio reporting and rebating. 45 CFR 180.70......... CMS........... Penalty against hospital identified by 2024 ........... ........... CMS as noncompliant according to Sec. 182.50 with respect to price transparency requirements regarding diagnostic tests for COVID-19. 42 U.S.C. 300gg-118 note, ...................... CMS........... Penalties for failure to comply with No 2024 11,816 12,123 300gg-134. Surprises Act requirements on providers, facilities, providers of air ambulance services. 1320a-7h(b)(1)............ 42 CFR 402.105(d)(5), CMS........... Penalty for manufacturer or group 2024 ........... ........... 42 CFR 403.912(a) & purchasing organization failing to (c). report information required under 42 U.S.C. 1320a-7h(a), relating to physician ownership or investment interests. Minimum.................................. 2024 1,406 1,443 Maximum.................................. 2024 14,067 14,432 Calendar Year Cap........................ 2024 211,008 216,490 1320a-7h(b)(2)............ 42 CFR 402.105(h), 42 CMS........... Penalty for manufacturer or group 2024 ........... ........... CFR 403.912(b) & (c). purchasing organization knowingly failing to report information required under 42 U.S.C. 1320a-7h(a), relating to physician ownership or investment interests. [[Page 3674]] Minimum.................................. 2024 14,067 14,432 Maximum.................................. 2024 140,674 144,329 Calendar Year Cap........................ 2024 1,406,728 1,443,275 1320a-7j(h)(3)(A)......... ...................... CMS........... Maximum penalty for an administrator of a 2024 140,674 144,329 facility that fails to comply with notice requirements for the closure of a facility. 1320a-7j(h)(3)(A)......... 42 CFR 488.446(a)(1), CMS........... Minimum penalty for the first offense of 2024 703 721 (2), & (3). an administrator who fails to provide notice of facility closure. Minimum penalty for the second offense of 2024 2,111 2,166 an administrator who fails to provide notice of facility closure. Minimum penalty for the third and 2024 4,219 4,329 subsequent offenses of an administrator who fails to provide notice of facility closure. 1320a-8(a)(1)............. ...................... CMS........... Penalty for an entity knowingly making a 2024 10,289 10,556 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. Penalty for violation of 42 U.S.C. 1320a- 2024 9,704 9,956 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. 1320a-8(a)(3)............. ...................... CMS........... Penalty for a representative payee (under 2024 8,058 8,267 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. 1320b-25(c)(1)(A)......... ...................... CMS........... Penalty for failure of covered 2024 281,346 288,655 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. 1320b-25(c)(2)(A)......... ...................... CMS........... Penalty for failure of covered 2024 422,017 432,981 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. 11320b-25(d)(2)........... ...................... CMS........... Penalty for a long-term care facility 2024 281,346 288,655 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. 1395b-7(b)(2)(B).......... 42 CFR 402.105(g)..... CMS........... Penalty for any person who knowingly and 2024 190 195 willfully fails to furnish a beneficiary with an itemized statement of items or services within 30 days of the beneficiary's request. 1395i-3(h)(2)(B)(ii)(I)... 42 CFR CMS........... Penalty per day for a Skilled Nursing 2024 ........... ........... 488.408(d)(1)(iii). Facility that has a Category 2 violation of certification requirements. Minimum.................................. 2024 133 136 Maximum.................................. 2024 8,003 8,211 42 CFR CMS........... Penalty per instance of Category 2 2024 ........... ........... 488.408(d)(1)(iv). noncompliance by a Skilled Nursing Facility. Minimum.................................. 2024 2,670 2,739 Maximum.................................. 2024 26,685 27,378 42 CFR CMS........... Penalty per day for a Skilled Nursing 2024 ........... ........... 488.408(e)(1)(iii). Facility that has a Category 3 violation of certification requirements. Minimum.................................. 2024 8,140 8,351 Maximum.................................. 2024 26,685 27,378 42 CFR CMS........... Penalty per instance of Category 3 2024 ........... ........... 488.408(e)(1)(iv). noncompliance by a Skilled Nursing Facility. Minimum.................................. 2024 2,670 2,739 Maximum.................................. 2024 26,685 27,378 [[Page 3675]] 42 CFR CMS........... Penalty per day and per instance for a 2024 ........... 0 488.408(e)(2)(ii). Skilled Nursing Facility that has Category 3 noncompliance with Immediate Jeopardy. Per Day (Minimum)........................ 2024 8,140 8,351 Per Day (Maximum)........................ 2024 26,685 27,378 Per Instance (Minimum)................... 2024 2,670 2,739 Per Instance (Maximum)................... 2024 26,685 27,378 42 CFR CMS........... Penalty per day of a Skilled Nursing 2024 ........... 0 488.438(a)(1)(i). Facility that fails to meet certification requirements. These amounts represent the upper range per day. Minimum.................................. 2024 8,140 8,351 Maximum.................................. 2024 26,685 27,378 42 CFR CMS........... Penalty per day of a Skilled Nursing 2024 ........... 0 488.438(a)(1)(ii). Facility that fails to meet certification requirements. These amounts represent the lower range per day. Minimum.................................. 2024 133 136 Maximum.................................. 2024 8,003 8,211 42 CFR 488.438(a)(2).. CMS........... Penalty per instance of a Skilled Nursing 2024 ........... 0 Facility that fails to meet certification requirements. Minimum.................................. 2024 2,670 2,739 Maximum.................................. 2024 26,685 27,378 42 CFR 488.447........ CMS........... Penalty imposed for failure to comply 2024 ........... ........... with infection control weekly reporting requirements at 42 CFR 483.80(g)(1) and (2). First occurrence......................... 2024 1,196 1,227 Incremental increases for each subsequent 2024 598 614 occurrence. 1395i-6(c)(5)(B)(i)....... 42 CFR 488.1245....... CMS........... Penalty for noncompliance by hospice 2024 11,124 11,413 program with requirements specified in section 1395x(dd) of 42 U.S.C.. 42 CFR CMS........... Adjustment to penalties. Maximum penalty 2024 11,124 11,413 488.1245(b)(2)(iii). assessment for each day a hospice is not in substantial compliance with one or more conditions of participation. 42 CFR 488.1245(b)(3). CMS........... Penalty imposed for hospice condition- 2024 ........... ........... level deficiency that is immediate jeopardy. These amounts represent the upper range of penalty. Minimum.................................. 2024 9,455 9,701 Maximum.................................. 2024 11,124 11,413 42 CFR CMS........... Penalty imposed for hospice condition- 2024 11,124 11,413 488.1245(b)(3)(i). level deficiency that is immediate jeopardy. These amounts represent the upper range of penalty. 42 CFR CMS........... Penalty imposed for hospice condition- 2024 10,011 10,271 488.1245(b)(3)(ii). level deficiency that is immediate jeopardy. These amounts represent the upper range of penalty. 42 CFR CMS........... Penalty imposed for hospice condition- 2024 9,455 9,701 488.1245(b)(3)(iii). level deficiency that is immediate jeopardy. These amounts represent the upper range of penalty. 42 CFR 488.1245(b)(4). CMS........... Penalty imposed for hospice repeat or 2024 ........... ........... 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. Minimum.................................. 2024 1,668 1,711 Maximum.................................. 2024 9,455 9,701 42 CFR 488.1245(b)(5). CMS........... Penalty imposed for hospice repeat or 2024 ........... ........... 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. Minimum.................................. 2024 556 570 Maximum.................................. 2024 4,450 4,566 42 CFR 488.1245(b)(6). CMS........... Penalty range imposed for per instance of 2024 ........... ........... hospice noncompliance. Minimum.................................. 2024 1,112 1,141 Maximum.................................. 2024 11,124 11,413 42 CFR CMS........... Penalty for each per instance of hospice 2024 11,124 11,413 488.1245(d)(1)(ii). noncompliance, maximum per day per hospice program. 2024 ........... ........... 1395l(h)(5)(D)............ 42 CFR CMS........... Penalty for knowingly, willfully, and 2024 19,435 19,940 402.105(d)(2)(i). 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)). 1395l(i)(6)............... ...................... CMS........... Penalty for knowingly and willfully 2024 5,121 5,254 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. 1395l(q)(2)(B)(i)......... 42 CFR 402.105(a)..... CMS........... Penalty for knowingly and willfully 2024 4,899 5,026 failing to provide information about a referring physician when seeking payment on an unassigned basis. [[Page 3676]] 1395m(a)(11)(A)........... 42 CFR 402.1(c)(4), CMS........... Penalty for any durable medical equipment 2024 19,435 19,940 402.105(d)(2)(ii). 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)). 1395m(a)(18)(B)........... 42 CFR 402.1(c)(5), CMS........... Penalty for any nonparticipating durable 2024 19,435 19,940 402.105(d)(2)(iii). 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)). 1395m(b)(5)(C)............ 42 CFR 402.1(c)(6), CMS........... Penalty for any nonparticipating 2024 19,435 19,940 402.105(d)(2)(iv). 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)). 1395m(h)(3)............... 42 CFR 402.1(c)(8), CMS........... Penalty for any supplier of prosthetic 2024 19,435 19,940 402.105(d)(2)(vi). 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)). 1395m(j)(2)(A)(iii)....... ...................... CMS........... Penalty for any supplier of durable 2024 2,058 2,111 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. 1395m(j)(4)............... 42 CFR 402.1(c)(10), CMS........... Penalty for any supplier of durable 2024 19,435 19,940 402.105(d)(2)(vii). 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)). 1395m-1(a)................ 42 CFR. 414.504(e).... CMS........... Penalty for an applicable entity that has 2024 12,958 13,295 failed to report or made a misrepresentation or omission in reporting applicable information with respect to a clinical diagnostic laboratory test. 42 CFR 402.1(c)(31), CMS........... Penalty for any person or entity who 2024 19,435 19,940 402.105(d)(3). 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)). 1395m(l)(6)............... 42 CFR 402.1(c)(32), CMS........... Penalty for any supplier of ambulance 2024 19,435 19,940 402.105(d)(4). 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)). 1395u(b)(18)(B)........... 42 CFR 402.1(c)(11), CMS........... Penalty for any practitioner specified in 2024 19,435 19,940 402.105(d)(2)(viii). 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)). 1395u(j)(2)(B)............ 42 CFR 402.1(c)....... CMS........... Penalty for any physician who charges 2024 19,435 19,940 more than 125% for a non-participating referral. (Penalties are assessed in the same manner as 42 U.S.C. 1320a-7a(a)). [[Page 3677]] 1395u(k).................. 42 CFR 402.1(c)(12), CMS........... Penalty for any physician who knowingly 2024 19,435 19,940 402.105(d)(2)(ix) and willfully presents or causes to be 1834A(a)(9) and 42 presented a claim for bill for an CFR 414.504(e). 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)). 1395u(l)(3)............... 42 CFR 402.1(c)(13), CMS........... Penalty for any nonparticipating 2024 19,435 19,940 402.105(d)(2)(x). 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)). 1395u(m)(3)............... 42 CFR 402.1(c)(14), CMS........... Penalty for any nonparticipating 2024 19,435 19,940 402.105(d)(2)(xi). 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)). 1395u(n)(3)............... 42 CFR 402.1(c)(15), CMS........... Penalty for any physician who knowingly, 2024 19,435 19,940 402.105(d)(2)(xii). 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)). 1395u(o)(3)(B)............ 42 CFR 414.707(b)..... CMS........... Penalty for any practitioner specified in 2024 19,435 19,940 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)). 1395u(p)(3)(A)............ ...................... CMS........... Penalty for any physician or practitioner 2024 5,121 5,254 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. 1395w-3a(d)(4)(A)......... 42 CFR 414.806........ CMS........... Penalty for a pharmaceutical 2024 16,630 17,062 manufacturer's misrepresentation of average sales price of a drug, or biologic. 1395w-4(g)(1)(B).......... 42 CFR 402.1(c)(17), CMS........... Penalty for any nonparticipating 2024 19,435 19,940 402.105(d)(2)(xiii). 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)). 1395w-4(g)(3)(B).......... 42 CFR 402.1(c)(18), CMS........... Penalty for any person that knowingly and 2024 19,435 19,940 402.105(d)(2)(xiv). 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)). 1395w-27(g)(3)(A); 42 CFR 422.760(b); 42 CMS........... Penalty for each termination 2024 47,596 48,833 1857(g)(3); 1860D- CFR 423.760(b). determination the Secretary makes that 12(b)(3)(E). 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. 1395w-27(g)(3)(B); ...................... CMS........... Penalty for each week beginning after the 2024 19,040 19,535 1857(g)(3); 1860D- initiation of civil money penalty 12(b)(3)(E). 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. 1395w-27(g)(3)(D); ...................... CMS........... Penalty for a Medicare Advantage 2024 176,807 181,400 1857(g)(3): 1860D- organization's or Part D sponsor's early 12(b)(3)(E). termination of its contract. 1395y(b)(3)(C)............ 42 CFR 411.103(b)..... CMS........... Penalty for an employer or other entity 2024 11,524 11,823 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. 1395y(b)(5)(C)(ii)........ 42 CFR 402.1(c)(20), CMS........... Penalty for any non-governmental employer 2024 1,877 1,926 42 CFR 402.105(b)(2). 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. [[Page 3678]] 1395y(b)(6)(B)............ 42 CFR 402.1(c)(20), CMS........... Penalty for any entity that knowingly, 2024 4,117 4,224 402.105(a). 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. 1395y(b)(7)(B)(i)......... 42 CFR 402.1(c)(21), CMS........... Penalty for any entity serving as 2024 1,474 1,512 402.105(a). 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. 1395y(b)(8)(E)............ ...................... CMS........... Penalty for any non-group health plan 2024 1,474 1,512 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. 1395nn(g)(5).............. 42 CFR 411.361........ CMS........... Penalty for any person that fails to 2024 24,496 25,132 report information required by HHS under Section 1877(f) concerning ownership, investment, and compensation arrangements. 1395pp(h)................. 42 CFR 402.1(c)(23), CMS........... Penalty for any durable medical equipment 2024 19,435 19,940 402.105(d)(2)(xv). 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)). 1395ss(a)(2).............. 402.102(f)(1)......... CMS........... Penalty for any person that issues a 2024 66,711 68,444 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. 1395ss(d)(3)(A)(vi)(II)... 42 CFR 402.1(c)(25), CMS........... Penalty for someone other than issuer 2024 34,568 35,466 402.105(e),402.105(f) that sells or issues a Medicare (2). supplemental policy to beneficiary without a disclosure statement. CMS........... Penalty for an issuer that sells or 2024 57,617 59,114 issues a Medicare supplemental policy without disclosure statement. 1395ss(d)(3)(B)(iv)....... ...................... CMS........... Penalty for someone other than issuer 2024 34,568 35,466 that sells or issues a Medicare supplemental policy without acknowledgement form. CMS........... Penalty for issuer that sells or issues a 2024 57,617 59,114 Medicare supplemental policy without an acknowledgement form. 1395ss(p)(8).............. 42 CFR 402.1(c)(25), CMS........... Penalty for someone other than issuer 2024 34,568 35,466 402.105(e). that sells or issues Medicare supplemental polices after a given date that fail to conform to the NAIC or Federal standards established by statute. 42 CFR 402.1(c)(25), CMS........... Penalty for an issuer that sells or 2024 57,617 59,114 405402.105(f)(2). issues Medicare supplemental polices after a given date that fail to conform to the NAIC or Federal standards established by statute. 1395ss(p)(9)(C)........... 42 CFR 402.1(c)(26), CMS........... Penalty for someone other than issuer 2024 34,568 35,466 402.105(e), that sells a Medicare supplemental 402.105(f)(3), (4). 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. 42 CFR 402.105(f)(3), CMS........... Penalty for an issuer that sells a 2024 57,617 59,114 (4). 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. 1395ss(q)(5)(C)........... 42 CFR 402.105(f)(5).. CMS........... Penalty for any person that fails to 2024 57,617 59,114 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. 1395ss(r)(6)(A)........... 42 CFR 402.105(f)(6).. CMS........... Penalty for any person that fails to 2024 57,617 59,114 provide refunds or credits as required by section 1882(r)(1)(B). 1395ss(s)(4).............. 42 CFR 402.1(c)(29), CMS........... Penalty for any issuer of a Medicare C2024 24,460 25,095 402.105(c). 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. [[Page 3679]] 1395ss(t)(2).............. 42 CFR 402.1(c)(30), CMS........... Penalty for any issuer of a Medicare 2024 57,617 59,114 402.105(f)(7). supplemental policy that fails to fulfill listed responsibilities. 1395ss(v)(4)(A)........... ...................... CMS........... Penalty someone other than issuer who 2024 24,946 25,594 sells, issues, or renews a medigap Rx policy to an individual who is a Part D enrollee. CMS........... Penalty for an issuer who sells, issues, 2024 41,577 42,657 or renews a Medigap Rx policy who is a Part D enrollee. 1395bbb(c)(1)............. 42 CFR 488.725(c)..... CMS........... Penalty for any individual who notifies 2024 5,339 5,478 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. 1395bbb(f)(2)(A)(i)....... 42 CFR CMS........... Maximum daily penalty amount for each day 2024 25,597 26,262 488.845(b)(2)(iii) 42 a home health agency is not in CFR 488.845(b)(3)- compliance with statutory requirements. (6); and 42 CFR 488.845(d)(1)(ii). 42 CFR 488.845(b)(3).. CMS........... Penalty per day for home health agency's 2024 ........... 0 noncompliance (Upper Range). Minimum.................................. 2024 21,757 22,322 Maximum.................................. 2024 25,597 26,262 42 CFR CMS........... Penalty for a home health agency's 2024 25,597 26,262 488.845(b)(3)(i). deficiency or deficiencies that cause immediate jeopardy and result in actual harm. 42 CFR CMS........... Penalty for a home health agency's 2024 23,036 23,634 488.845(b)(3)(ii). deficiency or deficiencies that cause immediate jeopardy and result in potential for harm. 42 CFR CMS........... Penalty for an isolated incident of 2024 21,757 22,322 488.845(b)(3)(iii). noncompliance in violation of established HHA policy. 42 CFR 488.845(b)(4).. CMS........... Penalty for a repeat and/or condition- 2024 ........... 0 level deficiency that does not constitute immediate jeopardy, but is directly related to poor quality patient care outcomes (Lower Range). Minimum.................................. 2024 3,841 3,941 Maximum.................................. 2024 21,757 22,322 42 CFR 488.845(b)(5).. CMS........... Penalty for a repeat and/or condition- 2024 ........... 0 level deficiency that does not constitute immediate jeopardy and that is related predominately to structure or process-oriented conditions (Lower Range). Minimum.................................. 2024 1,280 1,313 Maximum.................................. 2024 2,559 2,625 42 CFR 488.845(b)(6).. CMS........... Penalty imposed for instance of 2024 ........... 0 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. Penalty for each day of noncompliance 2024 2,559 2,625 (Minimum). Penalty for each day of noncompliance 2024 25,597 26,262 (Maximum). 42 CFR CMS........... Penalty for each day of noncompliance 2024 25,597 26,262 488.845(d)(1)(ii). (Maximum). 1395eee(e)(6)(B); 1396u- 42 CFR 460.46......... CMS........... Penalty for PACE organization that 2024 47,596 48,833 4(e)(6)(B). 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. CMS........... For each individual not enrolled as a 2024 ........... ........... result of the PACE organization's discrimination in enrollment or disenrollment or practice that would deny or discourage enrollment. Minimum.................................. 2024 17,933 18,399 Maximum.................................. 2024 119,555 122,661 CMS........... Penalty for a PACE organization that 2024 47,596 48,833 charges excessive premiums. CMS........... Penalty for a PACE organization 2024 190,389 195,335 misrepresenting or falsifying information to CMS or the State. CMS........... Penalty for any other violation specified 2024 47,596 48,833 in 42 CFR 460.40. 1396r(h)(3)(C)(ii)(I)..... 42 CFR CMS........... Penalty per day for a nursing facility's 2024 ........... 0 488.408(d)(1)(iii). failure to meet a Category 2 Certification. Minimum.................................. 2024 133 136 Maximum.................................. 2024 8,003 8,211 42 CFR CMS........... Penalty per instance for a nursing 2024 ........... ........... 488.408(d)(1)(iv). facility's failure to meet Category 2 certification. Minimum.................................. 2024 2,670 2,739 Maximum.................................. 2024 26,685 27,378 42 CFR CMS........... Penalty per day for a nursing facility's 2024 ........... ........... 488.408(e)(1)(iii). failure to meet Category 3 certification. Minimum.................................. 2024 8,140 8,351 Maximum.................................. 2024 26,685 27,378 42 CFR CMS........... Penalty per instance for a nursing 2024 ........... 0 488.408(e)(1)(iv). facility's failure to meet Category 3 certification. Minimum.................................. 2024 2,670 2,739 Maximum.................................. 2024 26,685 27,378 [[Page 3680]] 42 CFR CMS........... Penalty per instance for a nursing 2024 ........... 0 488.408(e)(2)(ii). facility's failure to meet Category 3 certification, which results in immediate jeopardy. Minimum.................................. 2024 2,670 2,739 Maximum.................................. 2024 26,685 27,378 42 CFR CMS........... Penalty per day for nursing facility's 2024 ........... 0 488.438(a)(1)(i). failure to meet certification (Upper Range). Minimum.................................. 2024 8,140 8,351 Maximum.................................. 2024 26,685 27,378 42 CFR CMS........... Penalty per day for nursing facility's 2024 ........... 0 488.438(a)(1)(ii). failure to meet certification (Lower Range). Minimum.................................. 2024 133 136 Maximum.................................. 2024 8,003 8,211 42 CFR 488.438(a)(2).. CMS........... Penalty per instance for nursing 2024 ........... 0 facility's failure to meet certification. Minimum.................................. 2024 2,670 2,739 Maximum.................................. 2024 26,685 27,378 42 CFR 488.447........ CMS........... Penalty imposed for failure to comply 2024 ........... ........... with infection control weekly reporting requirements at 42 CFR 483.80(g)(1) and (2). First occurrence (Minimum)............... 2024 1,196 1,227 Incremental increases for each subsequent 2024 598 614 occurrence. 1396r(f)(2)(B)(iii)(I)(c). 42 CFR CMS........... Grounds to prohibit approval of Nurse 2024 13,343 13,690 483.151(b)(2)(iv) and Aide Training Program--if assessed a (b)(3)(iii). 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]. 1396r(h)(3)(C)(ii)(I)..... 42 CFR 483.151(c)(2).. CMS........... Grounds to waive disapproval of nurse 2024 13,343 13,690 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]. 1396t(j)(2)(C)............ ...................... CMS........... Penalty for each day of noncompliance for 2024 ........... 0 a home or community care provider that no longer meets the minimum requirements for home and community care. Minimum.................................. 2024 2 2 Maximum.................................. 2024 23,048 23,647 1396u-2(e)(2)(A)(i)....... 42 CFR 438.704........ CMS........... Penalty for a Medicaid managed care 2024 47,596 48,833 organization that fails substantially to provide medically necessary items and services. CMS........... Penalty for Medicaid managed care 2024 47,596 48,833 organization that imposes premiums or charges on enrollees in excess of the premiums or charges permitted. CMS........... Penalty for a Medicaid managed care 2024 47,596 48,833 organization that misrepresents or falsifies information to another individual or entity. CMS........... Penalty for a Medicaid managed care 2024 47,596 48,833 organization that fails to comply with the applicable statutory requirements for such organizations.. 1396u-2(e)(2)(A)(ii)...... 42 CFR 438.704........ CMS........... Penalty for a Medicaid managed care 2024 190,389 195,335 organization that misrepresents or falsifies information to the HHS Secretary. CMS........... Penalty for Medicaid managed care 2024 190,389 195,335 organization that acts to discriminate among enrollees on the basis of their health status. 1396u-2(e)(2)(A)(iv)...... 42 CFR 438.704........ CMS........... Penalty for each individual that does not 2024 28,557 29,299 enroll as a result of a Medicaid managed care organization that acts to discriminate among enrollees on the basis of their health status. 1396u(h)(2)............... 42 CFR Part 441, CMS........... Penalty for a provider not meeting one of 2024 26,685 27,378 Subpart I. the requirements relating to the protection of the health, safety, and welfare of individuals receiving community supported living arrangements services. 1396w-2(c)(1)............. 42 U.S.C. 300gg- CMS........... Penalty for each day, for each individual 2024 14,232 14,602 22(b)(2)(C)(i) 45 CFR affected by the failure of a health 150.315. 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[verbar]2022[verbar]174[verbar]177. [[Page 3681]] 18041(c)(2)............... 45 CFR 156.805(c)..... CMS........... Failure to comply with ACA requirements 2024 193 198 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. 42 U.S.C. 300gg- 45 CFR 150.315........ CMS........... Penalty for each day, for each individual 2024 183 188 22(b)(2)(C)(i). 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. 18081(h)(1)(A)(i)(II)..... 45 CFR 155.285........ CMS........... Penalty for providing false information 2024 35,169 36,083 on Exchange application. 18081(h)(1)(B)............ 45 CFR 155.285........ CMS........... Penalty for knowingly or willfully 2024 351,681 360,818 providing false information on Exchange application. 18081(h)(2)............... 45 CFR 155.260........ CMS........... Penalty for knowingly or willfully 2024 ........... 0 disclosing protected information from Exchange. CMS........... Maximum.................................. 2024 35,169 36,083 CMS........... Minimum.................................. 2024 359 368 18041(c)(2)............... 45 CFR 155.206(i)..... CMS........... Penalties for violation of applicable 2024 43,128 44,248 Exchange standards by consumer assistance entities in Federally- facilitated Exchanges. Maximum (Per Day)........................ 2024 119 122 31 U.S.C.................. 45 CFR 93.400(e)...... HHS........... 2024 359 368 Penalty for the first time an individual 2024 24,496 25,132 makes an expenditure prohibited by regulations regarding lobbying disclosure, absent aggravating circumstances. Penalty for second and subsequent 2024 ........... 0 offenses by individuals who make an expenditure prohibited by regulations regarding lobbying disclosure. Minimum.................................. 2024 24,496 25,132 Maximum.................................. 2024 244,958 251,322 1352...................... ...................... HHS........... Penalty for the first time an individual 2024 24,496 25,132 fails to file or amend a lobbying disclosure form, absent aggravating circumstances. Penalty for second and subsequent 2024 ........... 0 offenses by individuals who fail to file or amend a lobbying disclosure form, absent aggravating circumstances. Minimum.................................. 2024 24,496 25,132 Maximum.................................. 2024 244,958 251,322 45 CFR Part 93, HHS........... Penalty for failure to provide 2024 ........... 0 Appendix A. certification regarding lobbying in the award documents for all sub-awards of all tiers. Minimum.................................. 2024 24,496 25,132 Maximum.................................. 2024 244,958 251,322 HHS........... Penalty for failure to provide statement 2024 ........... 0 regarding lobbying for loan guarantee and loan insurance transactions. Minimum.................................. 2024 24,496 25,132 Maximum.................................. 2024 244,958 251,322 3801-3812................. 45 CFR 79.3(a)(1)(iv). HHS........... Penalty against any individual who--with 2024 12,800 13,133 knowledge or reason to know--makes, presents or submits a false, fictitious or fraudulent claim to the Department. 45 CFR 79.3(b)(1)(ii). HHS........... Penalty against any individual who--with 2024 12,800 13,133 knowledge or reason to know--makes, presents or submits a false, fictitious or fraudulent claim to the Department. -------------------------------------------------------------------------------------------------------------------------------------------------------- \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, M-23-05, M-24-07, and M-25-02 guided agencies on annual adjustment requirements. \5\ OMB 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, Sec. 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 2024 CPI-U (315.664) / October 2023 CPI-U (307.671) = 1.02598. [[Page 3682]] Robert F. Kennedy, Jr., Secretary, Department of Health and Human Services. [FR Doc. 2026-01688 Filed 1-27-26; 8:45 am] BILLING CODE 4150-24-P
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- Full text (Federal Register) · January 28, 2026
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