The Secretary will determine the number of violations of an administrative simplification provision based on the nature of the covered entity’s or business associate’s obligation to act or not act under the provision that is violated, such as its obligation to act in a certain manner, or within a certain time, or to act or not act with respect to certain persons. In the case of continuing violation of a provision, a separate violation occurs each day the covered entity or business associate is in violation of the provision.
[78 FR 5691, Jan. 25, 2013]
§ 160.404: Amount of a civil money penalty
§ 160.408: Factors considered in determining the amount of a civil money penalty