Code of Federal Regulations Title 42. Public Health § 42.1001.1101 Failure to disclose certain information

(1) The number of instances where full and accurate, or complete, disclosure was not made;

(2) The significance of the undisclosed information;

(3) Whether the individual or entity has a documented history of criminal, civil or administrative wrongdoing (The lack of any prior record is to be considered neutral);

(4) Any other facts that bear on the nature or seriousness of the conduct;  and

(5) The extent to which the entity knew that the disclosures made were not full or accurate.