If any health insurance issuer that is subject to CMS's enforcement authority under § 150.101(b)(2) , or any non-Federal governmental plan (or employer that sponsors a non-Federal governmental plan) that is subject to CMS's enforcement authority under § 150.101(b)(1) , fails to comply with PHS Act requirements, it may be subject to a civil money penalty as described in this subpart.
45 C.F.R. §150.301