Civil Penalty Calculation

(1) In addition to civil monetary penalties set forth in T.C.A. §§ 68-11-801 et seq., a civil monetary penalty of no greater than $5,000 plus a daily civil monetary penalty for each day of noncompliance may be assessed for violation of any requirements of 42 U.S.C. § 1396r(b), (c), or (d) and any rules and regulations pursuant thereto in effect at the time of the violation. The amount of the daily penalty shall not exceed the amount of the initial penalty for each day of noncompliance but in no event more than $1,000 per day. In determining the amount of the daily penalty, the commissioner may consider the following: (a) The harm or potential harm to the resident; (b) The economic benefit gained by the facility as a result of its failure to comply immediately; (c) The efforts made by the facility to attain compliance; (d) Any extraordinary enforcement cost incurred by the Department; and (e) Whether the civil penalty imposed will be a substantial economic deterrent to the non- compliant activity.