# 45 C.F.R. § 160.408 (2026): Factors considered in determining the amount of a civil money penalty

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/CFR_T45_P160_S160_408

## Section

- **Citation:** 45 C.F.R. § 160.408 (2026)
- **Heading:** Factors considered in determining the amount of 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 / § 160.408: § 160.408   Factors considered in determining the amount of a civil money penalty.

## Text

In determining the amount of any civil money penalty, the Secretary will consider the following factors, which may be mitigating or aggravating as appropriate:
(a) The nature and extent of the violation, consideration of which may include but is not limited to:
(1) The number of individuals affected; and
(2) The time period during which the violation occurred;
(b) The nature and extent of the harm resulting from the violation, consideration of which may include but is not limited to:
(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;
(c) The history of prior compliance with the administrative simplification provisions, including violations, by the covered entity or business associate, consideration of which may include but is not limited to:
(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;
(d) The financial condition of the covered entity or business associate, consideration of which may include but is not limited to:
(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
(e) Such other matters as justice may require.
[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)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T45_P160_S160_408. Check the current official text before relying on it. Not legal advice.