42 CFR § 1003.310 - Amount of penalties and assessments.

---
identifier: "/us/cfr/t42/s1003.310"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 1003.310 - Amount of penalties and assessments."
title_number: 42
title_name: "Public Health"
section_number: "1003.310"
section_name: "Amount of penalties and assessments."
chapter_name: "OFFICE OF INSPECTOR GENERAL-HEALTH CARE, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
subchapter_number: "B"
subchapter_name: "OIG AUTHORITIES"
part_number: "1003"
part_name: "CIVIL MONEY PENALTIES, ASSESSMENTS AND EXCLUSIONS"
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. 262a, 300jj-52, 1302, 1320a-7, 1320a-7a, 1320b-10, 1395u(j), 1395u(k), 1395cc(j), 1395w-141(i)(3), 1395dd(d)(1), 1395mm, 1395nn(g), 1395ss(d), 1396b(m), 11131(c), and 11137(b)(2)."
regulatory_source: "51 FR 34777, Sept. 30, 1986, unless otherwise noted."
cfr_part: "1003"
---


# 1003.310 Amount of penalties and assessments.

(a) *Penalties.* The OIG may impose a penalty of not more than—

(1) $15,000 for each claim or bill for a designated health service, as defined in § 411.351 of this title, that is subject to a determination under § 1003.300(a) or (c);

(2) $100,000 for each arrangement or scheme that is subject to a determination under § 1003.300(b); and

(3) $50,000 for conduct that occurred on or before February 9, 2018, and $100,000 for conduct that occurred after February 9, 2018, for each offer, payment, solicitation, or receipt of remuneration that is subject to a determination under § 1003.300(d).

(b) *Assessments.* The OIG may impose an assessment of not more than 3 times—

(1) The amount claimed for each designated health service that is subject to a determination under § 1003.300(a), (b), or (c).

(2) The total remuneration offered, paid, solicited, or received that is subject to a determination under § 1003.300(d). Calculation of the total remuneration for purposes of an assessment shall be without regard to whether a portion of such remuneration was offered, paid, solicited, or received for a lawful purpose.

[81 FR 88357, Dec. 7, 2016, as amended at 88 FR 42840, 42841, July 3, 2023]