{"data":{"id":"us/5-cfr-890.1062","jurisdiction":"us","citation":"5 CFR 890.1062","heading":"Deciding whether to impose penalties and assessments.","body":"(a) Authority of debarring official. The debarring official has discretionary authority to impose penalties and assessments in accordance with 5 U.S.C. 8902a and this subpart.\n(b) Factors to be considered. In deciding whether to impose penalties and assessments against a provider that has committed one of the violations identified in § 890.1061, OPM must consider:\n(1) The number and frequency of the provider's violations;\n(2) The period of time over which the violations were committed;\n(3) The provider's culpability for the specific conduct underlying the violations;\n(4) The nature of any claims involved in the violations and the circumstances under which the claims were presented to FEHBP carriers;\n(5) The provider's history of prior offenses or improper conduct, including any actions that could have constituted a basis for a suspension, debarment, penalty, or assessment by any Federal or State agency, whether or not any sanction was actually imposed;\n(6) The monetary amount of any damages, losses, and costs, as described in § 890.1064(c), attributable to the provider's violations; and\n(7) Such other factors as justice may require.\n(c) Additional factors when penalty or assessment is based on provisions of § 890.1061(b) or (c). In the case of violations involving false or misleading statements or the failure to provide claims-related information, OPM must also consider:\n(1) The nature and circumstances of the provider's failure to properly report information; and\n(2) The materiality and significance of the false statements or misrepresentations the provider made or caused to be made, or the information that the provider knowingly did not report.","path":["Title 5—Administrative Personnel","CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT","SUBCHAPTER B—CIVIL SERVICE REGULATIONS","PART 890—FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM","Subpart J—Administrative Sanctions Imposed Against Health Care Providers"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-5.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:23:53Z","sha256":"6ae5d34107062ef97541d2c5a8fbed0b646a1e05531ccd7e6a6efafbfe770474","source_id":"us-cfr","stale":true,"prev":"us/5-cfr-890.1061","next":"us/5-cfr-890.1063"},"notice":"GroundRules: Original legal text. Not legal advice."}