[Code of Federal Regulations]

[Title 42, Volume 3]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR460.46]



[Page 418-419]

 

                         TITLE 42--PUBLIC HEALTH

 

  CHAPTER IV--CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF 

                  HEALTH AND HUMAN SERVICES (CONTINUED)

 

PART 460_PROGRAMS OF ALL-INCLUSIVE CARE FOR THE ELDERLY (PACE)--Table 

of Contents

 

        Subpart D_Sanctions, Enforcement Actions, and Termination

 

Sec. 460.46  Civil money penalties.



    (a) CMS may impose civil money penalties up to the following maximum 

amounts:

    (1) For each violation regarding enrollment or disenrollment 

specified in Sec. 460.40 (c) or (d), $100,000 plus $15,000 for each 

individual not enrolled as a result



[[Page 419]]



of the PACE organization's discrimination in enrollment or disenrollment 

or practice that would deny or discourage enrollment.

    (2) For each violation regarding excessive premiums specified in 

Sec. 460.40(e), $25,000 plus double the excess amount above the 

permitted premium charged a participant by the PACE organization. (The 

excess amount charged is deducted from the penalty and returned to the 

participant).

    (3) For each misrepresentation or falsification of information, 

specified in Sec. 460.40(f)(1), $100,000.

    (4) For any other violation specified in Sec. 460.40, $25,000.

    (b) The provisions of section 1128A of the Act (other than 

subsections (a) and (b)) apply to a civil money penalty under this 

section in the same manner as they apply to a civil money penalty or 

proceeding under section 1128A(a).