42 CFR § 1003.620 - Determinations regarding the amount of penalties.

---
identifier: "/us/cfr/t42/s1003.620"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 1003.620 - Determinations regarding the amount of penalties."
title_number: 42
title_name: "Public Health"
section_number: "1003.620"
section_name: "Determinations regarding the amount of penalties."
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"
---


# 1003.620 Determinations regarding the amount of penalties.

(a) In considering the factors listed in § 1003.140, the following circumstances are to be considered—

(1) The nature and objective of the advertisement, solicitation, or other communication and the degree to which it had the capacity to deceive members of the public;

(2) The frequency and scope of the violation and whether a specific segment of the population was targeted; and

(3) The prior history of the individual, organization, or entity in its willingness or refusal to comply with a formal or informal request to correct violations.

(b) The use of a disclaimer of affiliation with the United States Government, the Department, or its programs will not be considered as a mitigating factor in determining the amount of penalty in accordance with § 1003.600(a).