§ 1003.1420 Determinations regarding the amount of penalties.
In considering the factors listed in § 1003.140, the OIG shall take into account:
(a) The nature and extent of the information blocking including where applicable:
(1) The number of patients affected;
(2) The number of providers affected; and
(3) The number of days the information blocking persisted; and
(b) The harm resulting from such information blocking including where applicable:
(1) The number of patients affected;
(2) The number of providers affected; and
(3) The number of days the information blocking persisted.