(a) Penalties.2 The OIG may impose a penalty of not more than—

2The penalty amounts in this section are adjusted for inflation annually. Adjusted amounts are published at 45 CFR part 102.

(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 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.


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