The Civil Monetary Penalties Law is set forth at 42 United States Code Section 1320a-7a.

 

Under it, the Office of Inspector General (OIG) may seek civil monetary penalties (CMPL) and sometimes exclusion for a wide variety of conduct and is authorized to seek different amounts of penalties and assessments based on the type of violation at issue. Penalties range from $10,000 to $50,000 per violation.

 

Some examples of CMPL violations include:

 

presenting a claim that the person knows or should know is for an item or service that was not provided as claimed or is false or fraudulent;

 

presenting a claim that the person knows or should know is for an item or service for which payment may not be made;

 

violating the Anti-Kickback Statute (AKS_;

 

violating Medicare assignment provisions;

 

violating the Medicare physician agreement;

 

providing false or misleading information expected to influence a decision to discharge;

 

failing to provide an adequate medical screening examination for patients who present to a hospital emergency department with an emergency medical

condition or in labor; and

 

making false statements or misrepresentations on applications or contracts to participate in the Federal health care programs.