§ 269.4 - Cost of living adjustments of civil monetary penalties.

§ 269.4 Cost of living adjustments of civil monetary penalties.

Cross Reference

Link to an amendment published at 89 FR 2146, Jan. 12, 2024.

(a) The inflation adjustment under § 269.3 must be determined by increasing the maximum civil monetary penalty or the range of minimum and maximum civil monetary penalties, as applicable, for each civil monetary penalty by the cost-of-living adjustment. Any increase determined under this subsection shall be rounded to the nearest multiple of $1.

(b) For purposes of paragraph (a) of this section, the term “cost-of-living adjustment” means the percentage (if any) for each civil monetary penalty by which the Consumer Price Index for the month of October preceding the date of the adjustment (January 15), exceeds the Consumer Price Index for the month of October in the previous calendar year. For example, if the Consumer Price Index for October 2016 is 1.0 and the Consumer Price Index for October 2015 was 0.75, then all applicable penalties will need to be positively adjusted by 0.25 by January 15, 2017.

(c) Limitation on initial adjustment. The initial adjustment of civil monetary penalty pursuant to § 269.3 may not exceed 150 percent of such penalty.

(d) Inflation adjustment. Maximum civil monetary penalties within the jurisdiction of the Department are adjusted for inflation as follows:

Table 1 to Paragraph (d)

United States Code	Civil monetary penalty description	Maximum penalty amount as of 2022 2023 ($)	New adjusted maximum penalty amount ($)
National Defense Authorization Act for FY 2005, 10 U.S.C. 113, note	Unauthorized Activities Directed at or Possession of Sunken Military Craft	144$156,887156108	$161,108 168
10 U.S.C. 1094(c)(1)	Unlawful Provision of Health Care	12,722	13,707	14,152
10 U.S.C. 1102(k)	Wrongful Disclosure—Medical Records:
	First Offense	78,523106	8,106 368
	Subsequent Offense	50,152	54,036	55,788
10 U.S.C. 2674(c)(2)	Violation of the Pentagon Reservation Operation and Parking of Motor Vehicles Rules and Regulations	2,073234	2,234 306
31 U.S.C. 3802(a)(1)	Violation Involving False Claim	1213,537508	13,508 946
31 U.S.C. 3802(a)(2)	Violation Involving False Statement	1213,537508	13,508 946
42 U.S.C. 1320a–7a(a); 32 CFR 200.210(a)(1)	False claims	2224,426163	24,163 946
42 U.S.C. 1320a–7a(a); 32 CFR 200.210(a)(1)	Claims submitted with a false certification of physician license	2224,426163	24,163 946
42 U.S.C. 1320a–7a(a); 32 CFR 200.210(a)(2)	Claims presented by excluded party	2224,426163	24,163 946
42 U.S.C. 1320a–7a(a); 32 CFR 200.210(a)(2); (b)(2)(ii)	Employing or contracting with an excluded individual	2224,426163	24,163 946
42 U.S.C. 1320a–7a(a); 32 CFR 200.210(a)(1)	Pattern of claims for medically unnecessary services/supplies	2224,426163	24,163 946
42 U.S.C. 1320a–7a(a); 32 CFR 200.210(a)(2)	Ordering or prescribing while excluded	2224,426163	24,163 946
42 U.S.C. 1320a–7a(a); 32 CFR 200.210(a)(5)	Known retention of an overpayment	2224,426163	24,163 946
42 U.S.C. 1320a–7a(a); 32 CFR 200.210(a)(4)	Making or using a false record or statement that is material to a false or fraudulent claim	112,131	120,816	124,731
42 U.S.C. 1320a–7a(a); 32 CFR 200.210(a)(6)	Failure to grant timely access to OIG for audits, investigations, evaluations, or other statutory functions of OIG	33,640	36,245	37,420
42 U.S.C. 1320a–7a(a); 32 CFR 200.210(a)(3)	Making false statements, omissions, misrepresentations in an enrollment application	112,131	120,816	124,731
42 U.S.C. 1320a–7a(a); 32 CFR 200.310(a)	Unlawfully offering, paying, soliciting, or receiving remuneration to induce or in return for the referral of business in violation of 1128B(b) of the Social Security Act	112,131	120,816	124,731

[81 FR 33391, May 26, 2016, as amended at 82 FR 6249, Jan. 19, 2017; 83 FR 3078, Jan. 23, 2018; 84 FR 12099, Apr. 1, 2019; 85 FR 13049, Mar. 6, 2020; 86 FR 46600, Aug. 19, 2021; 87 FR 57147, Sept. 19, 2022; 88 FR 2240, Jan. 13, 2023; 89 FR 2146, Jan. 12, 2024]