If any health insurance issuer that is subject to CMS's enforcement authority under Sec. 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 Sec. 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. [64 FR 45795, Aug. 20, 1999, as amended at 78 FR 13440, Feb. 27, 2013]