Code of Federal Regulations Title 45. Public Welfare § 45.160.408 Factors considered in determining the amount of a civil money penalty

(1) The number of individuals affected;  and

(2) The time period during which the violation occurred;

(1) Whether the violation caused physical harm;

(2) Whether the violation resulted in financial harm;

(3) Whether the violation resulted in harm to an individual's reputation;  and

(4) Whether the violation hindered an individual's ability to obtain health care;

(1) Whether the current violation is the same or similar to previous indications of noncompliance;

(2) Whether and to what extent the covered entity or business associate has attempted to correct previous indications of noncompliance;

(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

(4) How the covered entity or business associate has responded to prior complaints;

(1) Whether the covered entity or business associate had financial difficulties that affected its ability to comply;

(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

(3) The size of the covered entity or business associate;  and