42 CFR § 414.806 - Penalties associated with misrepresentation and the failure to submit timely and accurate ASP data.

---
identifier: "/us/cfr/t42/s414.806"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 414.806 - Penalties associated with misrepresentation and the failure to submit timely and accurate ASP data."
title_number: 42
title_name: "Public Health"
section_number: "414.806"
section_name: "Penalties associated with misrepresentation and the failure to submit timely and accurate ASP data."
chapter_name: "CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
subchapter_number: "B"
subchapter_name: "MEDICARE PROGRAM"
part_number: "414"
part_name: "PAYMENT FOR PART B MEDICAL AND OTHER HEALTH SERVICES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 1302, 1395hh, and 1395rr(b)(l)."
regulatory_source: "55 FR 23441, June 8, 1990, unless otherwise noted."
cfr_part: "414"
---


# 414.806 Penalties associated with misrepresentation and the failure to submit timely and accurate ASP data.

(a) *Misrepresentation*. Section 1847A(d)(4)(A) of the Act specifies the penalties associated with misrepresentations in the reporting of the manufacturer's average sales price for a drug as defined at § 414.802.

(b) *Failure to provide timely information or the submission of false information*. (1) For a manufacturer that has entered into and has in effect a rebate agreement under section 1927 of the Act, section 1927(b)(3)(C) of the Act specifies the penalties associated with a manufacturer's failure to submit timely information or the submission of false information.

(2) For a manufacturer that has not entered into and does not have in effect a rebate agreement under section 1927 of the Act, sections 1847A(d)(4)(B) and (C) of the Act specify the penalties associated with a manufacturer's failure to submit timely information or the submission of false information.

[86 FR 65669, Nov. 19, 2021]