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

42 CFR 3.402: Basis for a civil money penalty.

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Where this section sits in the code
  1. Title 42—Public Health
  2. CHAPTER I—PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES
  3. SUBCHAPTER A—GENERAL PROVISIONS
  4. PART 3—PATIENT SAFETY ORGANIZATIONS AND PATIENT SAFETY WORK PRODUCT
  5. Subpart D—Enforcement Program

(a) General rule. A person who discloses identifiable patient safety work product in knowing or reckless violation of the confidentiality provisions shall be subject to a civil money penalty for each act constituting such violation.

(b) Violation attributed to a principal. A principal is independently liable, in accordance with the federal common law of agency, for a civil money penalty based on the act of the principal's agent, including a workforce member, acting within the scope of the agency if such act could give rise to a civil money penalty in accordance with § 3.402(a) of this subpart.

Collected 2026-08-27T02:26:11Z. Source file · JSON

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