42 C.F.R. § 422.758   Maximum amount of civil money penalties imposed by CMS.


Title 42 - Public Health


Title 42: Public Health
PART 422—MEDICARE ADVANTAGE PROGRAM
Subpart O—Intermediate Sanctions

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§ 422.758   Maximum amount of civil money penalties imposed by CMS.

If CMS makes a determination under §422.510(a), as described in §422.752(b) excepting those determinations under §422.510(a)(4), CMS may impose civil money penalties in addition to, or in place of, the sanctions that CMS may impose under §422.756(c) in the following amounts:

(a) If the deficiency on which the determination is based has directly adversely affected (or has the substantial likelihood of adversely affecting) one or more Medicare Advantage enrollees—up to $25,000 for each determination.

(b) For each week that a deficiency remains uncorrected after the week in which the Medicare Advantage organization receives CMS' notice of the determination—up to $10,000.

(c) If CMS makes a determination that a MA organization has terminated its contract other than in a manner described under §422.512 and that the MA organization has therefore failed to substantially carry out the terms of the contract—$250 per Medicare enrollee from the terminated MA plan or plans at the time the MA organization terminated its contract, or $100, 000, whichever is greater.

[69 FR 78338, Dec. 30, 2004, as amended at 70 FR 4741, Jan. 28, 2005]

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