Section 450.239 - Sanctions: Calculation of Administrative Fine(A) The MassHealth agency may assess an administrative fine not to exceed the greater of (1) $100 for each instance of violation of the rules, regulations, standards, or laws governing MassHealth;(2) $100 for each day of violation of the rules, regulations, standards, or laws governing MassHealth; or(3) three times the payable amount of each claim, in accordance with 130 CMR 450.239.(B) In determining the amount of any administrative fine, the MassHealth agency considers the following factors. (1)Nature and Circumstances of the Claim. The MassHealth agency considers the circumstances to be mitigating if the violations were of the same type and occurred within a short period of time; there were only a few such instances; there was no history of similar types of violations; and the total monetary value of these instances was less than $1,000. Conversely, the MassHealth agency considers the circumstances to be aggravating if the violations were of a single type or several types and occurred over a lengthy period of time; there were many such instances; there was a history of similar types of violations; and the total monetary value of these instances was $1,000 or more.(2)Prior Offenses. The MassHealth agency may consider the circumstances to be aggravating if the provider previously had been held liable for criminal, civil, or administrative sanctions relating to MassHealth.(3)Financial Condition and Member-access Considerations. The MassHealth agency considers the circumstances to be mitigating if the imposition of a full penalty will jeopardize the ability of the provider to continue as a health-care provider and if the provider's inability to continue as a health-care provider would result in a demonstrable access problem for members in the provider's geographic region. The provider has the burden of demonstrating such access problem.(4)Other Factors. The MassHealth agency will consider other mitigating or aggravating circumstances. If there are substantial mitigating circumstances, the MassHealth agency will decrease the administrative fine to be assessed. Conversely, if there are substantial aggravating circumstances, the MassHealth agency will increase the administrative fine to be assessed.Amended by Mass Register Issue 1274, eff. 11/21/2014.Amended by Mass Register Issue 1341, eff. 6/16/2017.Amended by Mass Register Issue 1374, eff. 10/1/2018.