890.1062—Deciding whether to impose penalties and assessments.
(a) Authority of debarring official.
The debarring official has discretionary authority to impose penalties and assessments in accordance with 5 U.S.C. 8902a and this subpart.
(b) Factors to be considered.
In deciding whether to impose penalties and assessments against a provider that has committed one of the violations identified in § 890.1061, OPM must consider:
(4)
The nature of any claims involved in the violations and the circumstances under which the claims were presented to FEHBP carriers;
(5)
The provider's history of prior offenses or improper conduct, including any actions that could have constituted a basis for a suspension, debarment, penalty, or assessment by any Federal or State agency, whether or not any sanction was actually imposed;
(6)
The monetary amount of any damages, losses, and costs, as described in § 890.1064(c), attributable to the provider's violations; and
(c) Additional factors when penalty or assessment is based on provisions of
In the case of violations involving false or misleading statements or the failure to provide claims-related information, OPM must also consider:
(2)
The materiality and significance of the false statements or misrepresentations the provider made or caused to be made, or the information that the provider knowingly did not report.