The OIG may impose a civil money penalty against any individual or entity described in 45 CFR 171.103(a)(2) that commits information blocking, as set forth in 45 CFR part 171.

The OIG may impose a penalty of not more than $1,000,000 per violation.

(a) For this subpart, violation means a practice, as defined in 45 CFR 171.102, that constitutes information blocking, as set forth in 45 CFR part 171.

(b) [Reserved]

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.