{"data":{"id":"us/42-cfr-1003.320","jurisdiction":"us","citation":"42 CFR 1003.320","heading":"Determinations regarding the amount of penalties and assessments and the period of exclusion.","body":"In considering the factors listed in § 1003.140:\n(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.\n(b) Aggravating circumstances include—\n(1) The violations were of several types or occurred over a lengthy period of time;\n(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);\n(3) The amount claimed or requested for such items or services or the amount of the remuneration was $50,000 or more; or\n(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.","path":["Title 42—Public Health","CHAPTER V—OFFICE OF INSPECTOR GENERAL-HEALTH CARE, DEPARTMENT OF HEALTH AND HUMAN SERVICES","SUBCHAPTER B—OIG AUTHORITIES","PART 1003—CIVIL MONEY PENALTIES, ASSESSMENTS AND EXCLUSIONS","Subpart C—CMPs, Assessments, and Exclusions for Anti-Kickback and Physician Self-Referral Violations"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-42.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:26:11Z","sha256":"1e06d433a06b2e36d94a3f0ec11459d387c3a437fbae781aa8c811e45b29eac1","source_id":"us-cfr","stale":true,"prev":"us/42-cfr-1003.310","next":"us/42-cfr-1003.400"},"notice":"GroundRules: Original legal text. Not legal advice."}