32 CFR § 200.320 - Determinations regarding the amount of penalties and assessments.

---
identifier: "/us/cfr/t32/s200.320"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "32 CFR § 200.320 - Determinations regarding the amount of penalties and assessments."
title_number: 32
title_name: "National Defense"
section_number: "200.320"
section_name: "Determinations regarding the amount of penalties and assessments."
chapter_name: "OFFICE OF THE SECRETARY OF DEFENSE"
subchapter_number: "M"
subchapter_name: "MISCELLANEOUS"
part_number: "200"
part_name: "CIVIL MONEY PENALTY AUTHORITIES FOR THE TRICARE PROGRAM"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 301; 10 U.S.C. chapter 55; 42 U.S.C. 1320a-7a."
regulatory_source: "85 FR 60705, Sept. 28, 2020, unless otherwise noted."
cfr_part: "200"
---


# 200.320 Determinations regarding the amount of penalties and assessments.

In considering the factors listed in § 200.140:

(a) It should be considered a mitigating circumstance if all the items, services, or violations included in the action brought under this part were of the same type and occurred within a short period of time; there were few such items, services, or violations; and the total amount claimed or requested for such items or services was less than $5,000.

(b) Aggravating circumstances include—

(1) The violations were of several types or occurred over a lengthy period of time;

(2) There were many such items, services, or violations (or the nature and circumstances indicate a pattern of claims or requests for payment for such items or services or a pattern of violations);

(3) The amount claimed or requested for such items or services or the amount of the remuneration was $50,000 or more; or

(4) The violation resulted, or could have resulted, in harm to the patient, a premature discharge, or a need for additional services or subsequent hospital admission.