Federal regulations · Through 2026-08-25 · Newer source version available

32 CFR 200.320: Determinations regarding the amount of penalties and assessments.

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.

Where this section sits in the code

Title 32—National Defense
Subtitle A—Department of Defense
CHAPTER I—OFFICE OF THE SECRETARY OF DEFENSE
SUBCHAPTER M—MISCELLANEOUS
PART 200—CIVIL MONEY PENALTY AUTHORITIES FOR THE TRICARE PROGRAM
Subpart C—CMPs and Assessments for Anti-Kickback Violations

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.

Collected 2026-08-27T02:25:30Z. Source file · JSON

Browse this collection