§ 1003.420 Determinations regarding the amount of penalties and assessments.

In considering the factors listed in § 1003.140, aggravating circumstances include— (a) Such violations were of several types or occurred over a lengthy period of time; (b) There were many such violations (or the nature and circumstances indicate a pattern of incidents); (c) The amount of money, remuneration, damages, or tainted claims involved in the violation was $15,000 or more; or (d) Patient harm, premature discharge, or a need for additional services or subsequent hospital admission resulted, or could have resulted, from the incident; and (e) The contracting organization knowingly or routinely engaged in any prohibited practice that acted as an inducement to reduce or limit medically necessary services provided with respect to a specific enrollee in the organization.