Section 200.320 - Determinations regarding the amount of penalties and assessmentsIn considering the factors listed in § 200.140 :
(a) It should be considered a mitigating circumstance if all the items, services, or violations included in the action brought under this part were of the same type and occurred within a short period of time; there were few such items, services, or violations; and the total amount claimed or requested for such items or services was less than $5,000.(b) Aggravating circumstances include-(1) The violations were of several types or occurred over a lengthy period of time;(2) There were many such items, services, or violations (or the nature and circumstances indicate a pattern of claims or requests for payment for such items or services or a pattern of violations);(3) The amount claimed or requested for such items or services or the amount of the remuneration was $50,000 or more; or(4) The violation resulted, or could have resulted, in harm to the patient, a premature discharge, or a need for additional services or subsequent hospital admission.