Final answer:
HHS cannot impose civil money penalties that are considered excessive as it would violate the Eighth Amendment's protection against excessive fines.
Step-by-step explanation:
The Department of Health and Human Services (HHS) may not impose civil money penalties under certain specific circumstances. According to the Eighth Amendment of the United States Constitution, which states, "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted," fines, including money penalties, must not be excessive or disproportionate to the offense. If a fine or civil penalty is deemed excessive, it would violate the constitutional protections against excessive fines and thus, HHS would be prohibited from imposing such penalties.