{"data":{"id":"us/45-cfr-160.408","jurisdiction":"us","citation":"45 CFR 160.408","heading":"Factors considered in determining the amount of a civil money penalty.","body":"In determining the amount of any civil money penalty, the Secretary will consider the following factors, which may be mitigating or aggravating as appropriate:\n(a) The nature and extent of the violation, consideration of which may include but is not limited to:\n(1) The number of individuals affected; and\n(2) The time period during which the violation occurred;\n(b) The nature and extent of the harm resulting from the violation, consideration of which may include but is not limited to:\n(1) Whether the violation caused physical harm;\n(2) Whether the violation resulted in financial harm;\n(3) Whether the violation resulted in harm to an individual's reputation; and\n(4) Whether the violation hindered an individual's ability to obtain health care;\n(c) The history of prior compliance with the administrative simplification provisions, including violations, by the covered entity or business associate, consideration of which may include but is not limited to:\n(1) Whether the current violation is the same or similar to previous indications of noncompliance;\n(2) Whether and to what extent the covered entity or business associate has attempted to correct previous indications of noncompliance;\n(3) How the covered entity or business associate has responded to technical assistance from the Secretary provided in the context of a compliance effort; and\n(4) How the covered entity or business associate has responded to prior complaints;\n(d) The financial condition of the covered entity or business associate, consideration of which may include but is not limited to:\n(1) Whether the covered entity or business associate had financial difficulties that affected its ability to comply;\n(2) Whether the imposition of a civil money penalty would jeopardize the ability of the covered entity or business associate to continue to provide, or to pay for, health care; and\n(3) The size of the covered entity or business associate; and\n(e) Such other matters as justice may require.","path":["Title 45—Public Welfare","SUBTITLE A—Department of Health and Human Services","SUBCHAPTER C—ADMINISTRATIVE DATA STANDARDS AND RELATED REQUIREMENTS","PART 160—GENERAL ADMINISTRATIVE REQUIREMENTS","Subpart D—Imposition of Civil Money Penalties"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-45.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:26:21Z","sha256":"4299e3c92e27ead453aa24b5348f5bd2a4bb4c848ae894b3c42ada1b5e8c7d02","source_id":"us-cfr","stale":true,"prev":"us/45-cfr-160.406","next":"us/45-cfr-160.410"},"notice":"GroundRules: Original legal text. Not legal advice."}