Determinations regarding the amount of penalties.

In considering the factors listed in § 1003.140, the OIG shall take into account: (a) The nature and extent of the information blocking including where applicable: (1) The number of patients affected; (2) The number of providers affected; and (3) The number of days the information blocking persisted; and (b) The harm resulting from such information blocking including where applicable: (1) The number of patients affected; (2) The number of providers affected; and (3) The number of days the information blocking persisted.