42 CFR §1003.1420
In considering the factors listed in § 1003.140, the OIG shall take into account:
- (a)The nature and extent of the information blocking including where applicable:
- (1)The number of patients affected;
- (2)The number of providers affected; and
- (3)The number of days the information blocking persisted; and
- (b)The harm resulting from such information blocking including where applicable:
- (1)The number of patients affected;
- (2)The number of providers affected; and
- (3)The number of days the information blocking persisted.