(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 02/21/20 |
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 | 134,807 | 136,400 |
| 10 U.S.C. 1094(c)(1) | Unlawful Provision of Health Care | 11,837 | 11,977 |
| 10 U.S.C. 1102(k) | Wrongful Disclosure - Medical Records: | ||
| First Offense | 6,999 | 7,082 | |
| Subsequent Offense | 46,663 | 47,214 | |
| 10 U.S.C. 2674(c)(2) | Violation of the Pentagon Reservation Operation and Parking of Motor Vehicles Rules and Regulations | 1,928 | 1,951 |
| 31 U.S.C. 3802(a)(1) | Violation Involving False Claim | 11,665 | 11,803 |
| 31 U.S.C. 3802(a)(2) | Violation Involving False Statement | 11,665 | 11,803 |
| 42 U.S.C. 1320a-7a(a); 32 CFR 200.210(a)(1) | False claims | 20,866 | 21,112.64 |
| 42 U.S.C. 1320a-7a(a); 32 CFR 200.210(a)(1) | Claims submitted with a false certification of physician license | 20,866 | 21,112.64 |
| 42 U.S.C. 1320a-7a(a); 32 CFR 200.210(a)(2) | Claims presented by excluded party | 20,866 | 21,112.64 |
| 42 U.S.C. 1320a-7a(a); 32 CFR 200.210(a)(2); (b)(2)(ii) | Employing or contracting with an excluded individual | 20,866 | 21,112.64 |
| 42 U.S.C. 1320a-7a(a); 32 CFR 200.210(a)(1) | Pattern of claims for medically unnecessary services/supplies | 20,866 | 21,112.64 |
| 42 U.S.C. 1320a-7a(a); 32 CFR 200.210(a)(2) | Ordering or prescribing while excluded | 20,866 | 21,112.64 |
| 42 U.S.C. 1320a-7a(a); 32 CFR 200.210(a)(5) | Known retention of an overpayment | 20,866 | 21,112.64 |
| 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 | 104,330 | 105,563.18 |
| 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 | 31,300 | 31,669.97 |
| 42 U.S.C. 1320a-7a(a); 32 CFR 200.210(a)(3) | Making false statements, omissions, misrepresentations in an enrollment application | 104,330 | 105,563.18 |
| 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 | 104,330 | 105,563.18 |
[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]