460 IAC 17-11-2 Fine mitigation

Sec. 2. The amount of a fine may be adjusted downward to reflect mitigating factors. Factors that may be considered are as follows: (1) Proactive remediation or corrective action taken by the provider to address deficiencies in policy, procedure, or practice that contributed to the violation. (2) Evidence that the violation was the result of isolated, nonsystemic events, behaviors, or circumstances. (3) Evidence that circumstances beyond the provider's control contributed to the events leading to the violation.