Any individual who is or was the administrator of a facility and fails or failed to comply with the requirements at § 483.70(l) of this chapter—

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(a) Will be subject to a civil monetary penalty as follows:

(1) A minimum of $500 as adjusted annually under 45 CFR part 102 for the first offense.

(2) A minimum of $1,500 as adjusted annually under 45 CFR part 102 for the second offense.

(3) A minimum of $3,000 as adjusted annually under 45 CFR part 102 for the third and subsequent offenses.

(b) May be subject to exclusion from participation in any Federal health care program (as defined in section 1128B(f) of the Act); and

(c) Will be subject to any other penalties that may be prescribed by law.

[76 FR 9511, Feb. 18, 2011, as amended at 81 FR 61563, Sept. 6, 2016; 81 FR 68872, Oct. 4, 2016]