; or (bb) in the case such hospital has failed to satisfy the requirement under subparagraph (A)(ii) or otherwise comply with the requirements of this subsection for any continuous 1-year period beginning on or after January 1, 2024, and the amount otherwise imposed under item (aa) for such failure for such period would be less than $5,000,000, an amount not less than $5,000,000. (ii) Increase authority In applying this subparagraph with respect to violations occurring in 2025 or a subsequent year, the Secretary may through notice and comment rulemaking increase any dollar amount applied under this subparagraph by an amount specified by the Secretary. (iii) Application of certain provisions The provisions of section 1128A of the Social Security Act (other than subsections (a) and (b) of such section) shall apply to a civil monetary penalty imposed under clause (i) in the same manner as such provisions apply to a civil monetary penalty imposed under subsection (a) of such section. (C) Option to forgo notice of noncompliance In the case that the Secretary determines that a hospital has failed to comply with this subsection and further determines that such hospital has made no effort to comply with such subsection, the Secretary may elect to request a corrective action plan from such hospital . (b) Publication of list of hospitals (1) List of hospitals Beginning not later than 90 days after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the Secretary ) shall establish and maintain a publicly available list on the website of the Centers for Medicare & Medicaid Services of each hospital with respect to which the Secretary has conducted a review of such hospital’s compliance with the provisions of section 2718(e) of the Public Health Service Act ( 42 U.S.C. 300gg–18(e) ). Such list shall include, with respect to each such hospital that was noncompliant with such provisions, a specification as to whether such hospital— (A) has been issued a civil monetary