Enforcement

(a) In general Consistent with the process set forth in subsections (d) and (e) of section 156.805 of title 45, Code of Federal Regulations (or successor regulations), the Secretary of Health and Human Services may impose a civil monetary penalty upon any health insurance issuer who fails to comply with the notification requirements under section 201 or 202 or the reporting requirements under section 203. (b) Penalty amounts (1) Violations regarding notice to enrollees In the case of a violation of section 201 or 202, such penalty shall be in the amount equal to $1,000 for each individual enrolled in a plan for plan year 2025 or 2026 who did not receive a notice as required under section 201 or 202, as applicable, for each day between the date on which such notice was due and the date on which the notice is provided. (2) Reporting violations In the case of a violation of section 203, such penalty shall be in the amount of $1,000 per day for each individual enrolled in health insurance coverage with respect to which the report is required, for each day between the date on which the report under section 302 was due and the date on which the report is submitted.