A. The Department may impose a civil money penalty not to exceed $10,000 for each failure of a hospital to comply with the requirements of Regulation .27 of this chapter.
B. In determining whether to impose a civil money penalty, the Department may consider the following factors:
(1) The number of failures to comply;
(2) The nature and seriousness of the failure to comply;
(3) The degree of risk to the health, life, or safety of the patient being discharged that is caused by the failure to comply;
(4) A hospital's prior history to comply with discharge requirements; and
(5) Such other factors as justice may require.