In considering the factors listed in § 1003.140, the OIG shall take into account:

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(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.