460 IAC 17-11-3 Fine aggravation

Sec. 3. The amount of a fine may be adjusted upward to reflect aggravating factors. Factors that may be considered are as follows: (1) Evidence of willful, intentional, or fraudulent conduct by the provider or provider's staff contributing to the violation. (2) Evidence that the violation resulted from failure to comply with a previous corrective action plan. (3) A history of provider noncompliance with prior sanctions or corrective action plans. (4) A history of repeated violations by the provider. (5) The violation results in harm or death to an individual.