42 C.F.R. § 460.46   Civil money penalties.


Title 42 - Public Health


Title 42: Public Health
PART 460—PROGRAMS OF ALL-INCLUSIVE CARE FOR THE ELDERLY (PACE)
Subpart D—Sanctions, Enforcement Actions, and Termination

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§ 460.46   Civil money penalties.

(a) CMS may impose civil money penalties up to the following maximum amounts:

(1) For each violation regarding enrollment or disenrollment specified in §460.40 (c) or (d), $100,000 plus $15,000 for each individual not enrolled as a result of the PACE organization's discrimination in enrollment or disenrollment or practice that would deny or discourage enrollment.

(2) For each violation regarding excessive premiums specified in §460.40(e), $25,000 plus double the excess amount above the permitted premium charged a participant by the PACE organization. (The excess amount charged is deducted from the penalty and returned to the participant).

(3) For each misrepresentation or falsification of information, specified in §460.40(f)(1), $100,000.

(4) For any other violation specified in §460.40, $25,000.

(b) The provisions of section 1128A of the Act (other than subsections (a) and (b)) apply to a civil money penalty under this section in the same manner as they apply to a civil money penalty or proceeding under section 1128A(a).

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