Ky. Rev. Stat. » Chapter 216

Ky. Rev. Stat. § 216.557

Classification of violations -- Exemption from state penalty if federal

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penalty assessed. Citations issued pursuant to KRS 216.537 to 216.590 shall be classified according to the nature of the violation as follows: (1) Type "A" violation means a violation by a long-term care facility of the regulation, standards, and requirements as set forth by the cabinet pursuant to KRS 216.563 or the provisions of KRS 216.510 to 216.525, or applicable federal laws and regulations governing the certification of a long-term care facility under Title 18 or 19 of the Social Security Act, which presents an imminent danger to any resident of a long-term care facility and creates substantial risk that death or serious mental or physical harm to a resident will occur. A Type A violation shall be abated or eliminated immediately, unless a fixed period of time not to exceed ten (10) days, as determined by the cabinet, is required for correction. A Type A violation is subject to a civil penalty in an amount not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) for each and every violation. A facility that is assessed a civil monetary penalty in accordance with applicable federal laws and regulations under Title 18 or 19 of the Federal Social Security Act shall not be subject to the civil monetary penalty established in this subsection for the same violation; and (2) Type "B" violation means a violation by a long-term care facility of the regulations, standards, and requirements as set forth by the cabinet pursuant to KRS 216.563 or the provisions of KRS 216.510 to 216.525, or applicable federal laws and regulations governing the certification of a long-term care facility under Title 18 or 19 of the Social Security Act, which presents a direct or immediate relationship to the health, safety, or security of any resident, but which does not create an imminent danger. A Type B violation is subject to a civil penalty in an amount not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each and every violation. A citation for a Type B violation shall specify the time within which the violation is required to be corrected as approved or determined by the cabinet. If a Type B violation is corrected within the time specified, no civil penalty shall be imposed. A facility that is assessed a civil monetary penalty in accordance with applicable federal laws and regulations under Title 18 or 19 of the Federal Social Security Act shall not be subject to the civil monetary penalty established in this subsection for the same violation. This section shall not apply to assisted living communities licensed pursuant to KRS 194A.700 to 194A.729. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 20, sec. 30, effective July 14, 2022. -- Amended 2002 Ky. Acts ch. 296, sec. 1, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 189, sec. 6, effective July 15, 1998. -- Created 1982 Ky. Acts ch. 157, sec. 10, effective July 15, 1982.

Notes of Decisions
Cited in 2 cases, 1986–1992 · leading case: Jones v. Cabinet for Human Resources, Division for Licensure & Regulations
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Jones v. Cabinet for Human Resources, Division for Licensure & Regulations (1986) kyctapp · cites it 5× “In this case, the operator of a nursing home facility appeals the circuit court’s order upholding the assessment of civil penalties against her by the Cabinet for Human Resources, Division for Licensure and Regulations for the violation of agency regulations and KRS 216.557. The…”
Jenny Wiley Health Care Center v. Commonwealth Cabinet for Human Resources (1992) ky · cites it 2× “The Cabinet, after an inspection on March 28, 1988, issued a citation to JWHCC for a Type “A” violation as defined in KRS 216.557(1). A Type “A” violation, according to the statute, is a violation of regulations set forth by the Cabinet, as prescribed by KRS 216.”
— Ky. Rev. Stat. § 216.557(1) — 2 cases
Jenny Wiley Health Care Center v. Commonwealth Cabinet for Human Resources (1992) ky “The Cabinet, after an inspection on March 28, 1988, issued a citation to JWHCC for a Type “A” violation as defined in KRS 216.557(1). A Type “A” violation, according to the statute, is a violation of regulations set forth by the Cabinet, as prescribed by KRS 216.”
Jones v. Cabinet for Human Resources, Division for Licensure & Regulations (1986) kyctapp “In this case, the operator of a nursing home facility appeals the circuit court’s order upholding the assessment of civil penalties against her by the Cabinet for Human Resources, Division for Licensure and Regulations for the violation of agency regulations and KRS 216.557. The…”
— Ky. Rev. Stat. § 216.557(2) — 1 case
Jones v. Cabinet for Human Resources, Division for Licensure & Regulations (1986) kyctapp “In this case, the operator of a nursing home facility appeals the circuit court’s order upholding the assessment of civil penalties against her by the Cabinet for Human Resources, Division for Licensure and Regulations for the violation of agency regulations and KRS 216.557. The…”
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