3.408—Factors considered in determining the amount of a civil money penalty.
In determining the amount of any civil money penalty, the Secretary may consider as aggravating or mitigating factors, as appropriate, any of the following:
(d)
Any history of prior compliance with the Patient Safety Act, including violations, by the respondent, including:
(3)
How the respondent has responded to technical assistance from the Secretary provided in the context of a compliance effort; and
(2)
Whether the imposition of a civil money penalty would jeopardize the ability of the respondent to continue to provide health care or patient safety activities; and