42 CFR § 1004.90 - Basis for recommended sanction.

---
identifier: "/us/cfr/t42/s1004.90"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 1004.90 - Basis for recommended sanction."
title_number: 42
title_name: "Public Health"
section_number: "1004.90"
section_name: "Basis for recommended sanction."
chapter_name: "OFFICE OF INSPECTOR GENERAL-HEALTH CARE, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
subchapter_number: "B"
subchapter_name: "OIG AUTHORITIES"
part_number: "1004"
part_name: "IMPOSITION OF SANCTIONS ON HEALTH CARE PRACTITIONERS AND PROVIDERS OF HEALTH CARE SERVICES BY A QUALITY IMPROVEMENT ORGANIZATION"
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 and 1320c-5."
regulatory_source: "60 FR 63640, Dec. 12, 1995, unless otherwise noted."
cfr_part: "1004"
---


# 1004.90 Basis for recommended sanction.

The QIO's specific recommendation must be based on documentation provided to the OIG showing its consideration of—

(a) The type of offense involved;

(b) The severity of the offense;

(c) The deterrent value;

(d) The practitioner's or other person's previous sanction record;

(e) The availability of alternative sources of services in the community; and

(f) Any other factors that the QIO considers relevant, such as the duration of the problem.