
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1320d-5]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
   SUBCHAPTER XI--GENERAL PROVISIONS, PEER REVIEW, AND ADMINISTRATIVE 
                             SIMPLIFICATION
 
                  Part C--Administrative Simplification
 
Sec. 1320d-5. General penalty for failure to comply with 
        requirements and standards
        

(a) General penalty

                           (1) In general

        Except as provided in subsection (b) of this section, the 
    Secretary shall impose on any person who violates a provision of 
    this part a penalty of not more than $100 for each such violation, 
    except that the total amount imposed on the person for all 
    violations of an identical requirement or prohibition during a 
    calendar year may not exceed $25,000.

                           (2) Procedures

        The provisions of section 1320a-7a of this title (other than 
    subsections (a) and (b) and the second sentence of subsection (f)) 
    shall apply to the imposition of a civil money penalty under this 
    subsection in the same manner as such provisions apply to the 
    imposition of a penalty under such section 1320a-7a of this title.

(b) Limitations

                  (1) Offenses otherwise punishable

        A penalty may not be imposed under subsection (a) of this 
    section with respect to an act if the act constitutes an offense 
    punishable under section 1320d-6 of this title.

                  (2) Noncompliance not discovered

        A penalty may not be imposed under subsection (a) of this 
    section with respect to a provision of this part if it is 
    established to the satisfaction of the Secretary that the person 
    liable for the penalty did not know, and by exercising reasonable 
    diligence would not have known, that such person violated the 
    provision.

                (3) Failures due to reasonable cause

        (A) In general

            Except as provided in subparagraph (B), a penalty may not be 
        imposed under subsection (a) of this section if--
                (i) the failure to comply was due to reasonable cause 
            and not to willful neglect; and
                (ii) the failure to comply is corrected during the 30-
            day period beginning on the first date the person liable for 
            the penalty knew, or by exercising reasonable diligence 
            would have known, that the failure to comply occurred.

        (B) Extension of period

            (i) No penalty

                The period referred to in subparagraph (A)(ii) may be 
            extended as determined appropriate by the Secretary based on 
            the nature and extent of the failure to comply.
            (ii) Assistance

                If the Secretary determines that a person failed to 
            comply because the person was unable to comply, the 
            Secretary may provide technical assistance to the person 
            during the period described in subparagraph (A)(ii). Such 
            assistance shall be provided in any manner determined 
            appropriate by the Secretary.

                            (4) Reduction

        In the case of a failure to comply which is due to reasonable 
    cause and not to willful neglect, any penalty under subsection (a) 
    of this section that is not entirely waived under paragraph (3) may 
    be waived to the extent that the payment of such penalty would be 
    excessive relative to the compliance failure involved.

(Aug. 14, 1935, ch. 531, title XI, Sec. 1176, as added Pub. L. 104-191, 
title II, Sec. 262(a), Aug. 21, 1996, 110 Stat. 2028.)
