Factors considered in determining the amount of a civil money penalty.

(1)

The number of individuals affected; and

(2)

The time period during which the violation occurred;

(1)

Whether the violation caused physical harm;

(2)

Whether the violation resulted in financial harm;

(3)

Whether the violation resulted in harm to an individual's reputation; and

(4)

Whether the violation hindered an individual's ability to obtain health care;

(1)

Whether the current violation is the same or similar to previous indications of noncompliance;

(2)

Whether and to what extent the covered entity or business associate has attempted to correct previous indications of noncompliance;

(3)

How the covered entity or business associate has responded to technical assistance from the Secretary provided in the context of a compliance effort; and

(4)

How the covered entity or business associate has responded to prior complaints;

(1)

Whether the covered entity or business associate had financial difficulties that affected its ability to comply;

(2)

Whether the imposition of a civil money penalty would jeopardize the ability of the covered entity or business associate to continue to provide, or to pay for, health care; and

(3)

The size of the covered entity or business associate; and