42 C.F.R. § 423.758   Maximum amount of civil money penalties imposed by CMS.


Title 42 - Public Health


Title 42: Public Health
PART 423—VOLUNTARY MEDICARE PRESCRIPTION DRUG BENEFIT
Subpart O—Intermediate Sanctions

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

If CMS makes a determination under §423.509(a), as described in §423.752(b), excepting those determinations under §423.509(a)(4), CMS may impose civil money penalties, in addition to, or in place of, the sanctions that CMS may impose under §423.756(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 Part D plan enrollees—up to $25,000 for each determination.

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

(c) If CMS makes a determination that a Part D sponsor has terminated its contract with CMS other than in a manner described in §423.510 and that the sponsor has therefore failed to substantially carry of the terms of the contract, $250 per Medicare enrollee from the terminated Part D plan or plans at the time the Part D sponsor terminated its contract, or $100,000, whichever is greater.

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