# 45 C.F.R. § 160.402 (2026): Basis for a civil money penalty

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/CFR_T45_P160_S160_402

## Section

- **Citation:** 45 C.F.R. § 160.402 (2026)
- **Heading:** Basis for a civil money penalty
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Title 45 CFR: Public Welfare / Part 160: GENERAL ADMINISTRATIVE REQUIREMENTS / Subpart D: Imposition of Civil Money Penalties / § 160.402: § 160.402   Basis for a civil money penalty.

## Text

(a)
General rule.
Subject to § 160.410, the Secretary will impose a civil money penalty upon a covered entity or business associate if the Secretary determines that the covered entity or business associate has violated an administrative simplification provision.
(b)
Violation by more than one covered entity or business associate.
(1) Except as provided in paragraph (b)(2) of this section, if the Secretary determines that more than one covered entity or business associate was responsible for a violation, the Secretary will impose a civil money penalty against each such covered entity or business associate.
(2) A covered entity that is a member of an affiliated covered entity, in accordance with § 164.105(b) of this subchapter, is jointly and severally liable for a civil money penalty for a violation of part 164 of this subchapter based on an act or omission of the affiliated covered entity, unless it is established that another member of the affiliated covered entity was responsible for the violation.
(c)
Violation attributed to a covered entity or business associate.
(1) A covered entity is liable, in accordance with the Federal common law of agency, for a civil money penalty for a violation based on the act or omission of any agent of the covered entity, including a workforce member or business associate, acting within the scope of the agency.
(2) A business associate is liable, in accordance with the Federal common law of agency, for a civil money penalty for a violation based on the act or omission of any agent of the business associate, including a workforce member or subcontractor, acting within the scope of the agency.
[78 FR 5691, Jan. 25, 2013]

## Nearby sections

- [45 C.F.R. § 160.400 (2026) § 160.400   Applicability.](https://www.frixlaw.com/law-library/statutes/CFR_T45_P160_S160_400.md)
- [45 C.F.R. § 160.401 (2026) § 160.401   Definitions.](https://www.frixlaw.com/law-library/statutes/CFR_T45_P160_S160_401.md)
- [45 C.F.R. § 160.402 (2026) § 160.402   Basis for a civil money penalty.](https://www.frixlaw.com/law-library/statutes/CFR_T45_P160_S160_402.md)
- [45 C.F.R. § 160.404 (2026) § 160.404   Amount of a civil money penalty.](https://www.frixlaw.com/law-library/statutes/CFR_T45_P160_S160_404.md)
- [45 C.F.R. § 160.406 (2026) § 160.406   Violations of an identical requirement or prohibition.](https://www.frixlaw.com/law-library/statutes/CFR_T45_P160_S160_406.md)
- [45 C.F.R. § 160.408 (2026) § 160.408   Factors considered in determining the amount of a civil money penalty.](https://www.frixlaw.com/law-library/statutes/CFR_T45_P160_S160_408.md)
- [45 C.F.R. § 160.410 (2026) § 160.410   Affirmative defenses.](https://www.frixlaw.com/law-library/statutes/CFR_T45_P160_S160_410.md)
- [45 C.F.R. § 160.412 (2026) § 160.412   Waiver.](https://www.frixlaw.com/law-library/statutes/CFR_T45_P160_S160_412.md)
- [45 C.F.R. § 160.414 (2026) § 160.414   Limitations.](https://www.frixlaw.com/law-library/statutes/CFR_T45_P160_S160_414.md)
- [45 C.F.R. § 160.416 (2026) § 160.416   Authority to settle.](https://www.frixlaw.com/law-library/statutes/CFR_T45_P160_S160_416.md)
- [45 C.F.R. § 160.418 (2026) § 160.418   Penalty not exclusive.](https://www.frixlaw.com/law-library/statutes/CFR_T45_P160_S160_418.md)
- [45 C.F.R. § 160.420 (2026) § 160.420   Notice of proposed determination.](https://www.frixlaw.com/law-library/statutes/CFR_T45_P160_S160_420.md)
- [45 C.F.R. § 160.422 (2026) § 160.422   Failure to request a hearing.](https://www.frixlaw.com/law-library/statutes/CFR_T45_P160_S160_422.md)
- [45 C.F.R. § 160.424 (2026) § 160.424   Collection of penalty.](https://www.frixlaw.com/law-library/statutes/CFR_T45_P160_S160_424.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T45_P160_S160_402. Check the current official text before relying on it. Not legal advice.