Code of Federal Regulations Title 42. Public Health § 42.3.408 Factors considered in determining the amount of a civil money penalty

(1) The time period during which the violation(s) occurred;  and

(2) Whether the violation caused physical or financial harm or reputational damage;

(1) Whether the violation was intentional;  and

(2) Whether the violation was beyond the direct control of the respondent.

(1) Whether the current violation is the same or similar to prior violation(s);

(2) Whether and to what extent the respondent has attempted to correct previous violations;

(3) How the respondent has responded to technical assistance from the Secretary provided in the context of a compliance effort;  and

(4) How the respondent has responded to prior complaints.

(1) Whether the respondent had financial difficulties that affected its ability to comply;

(2) Whether the imposition of a civil money penalty would jeopardize the ability of the respondent to continue to provide health care or patient safety activities;  and

(3) The size of the respondent.