45 CFR 160.408 - Factors considered in determining the amount of a civil money penalty.
In determining the amount of any civil money penalty, the Secretary may consider as aggravating or mitigating factors, as appropriate, any of the following:
(3) Whether the violation hindered or facilitated an individual's ability to obtain health care; and
(d) Any history of prior compliance with the administrative simplification provisions, including violations, by the covered entity, including but not limited to:
(3) How the covered entity has responded to technical assistance from the Secretary provided in the context of a compliance effort; and
(2) Whether the imposition of a civil money penalty would jeopardize the ability of the covered entity to continue to provide, or to pay for, health care; and
Title 45 published on 2014-10-01
no entries appear in the Federal Register after this date.