Ky. Rev. Stat. » Chapter 216B

Ky. Rev. Stat. § 216B.165

Duty to report quality of care and safety problems -- Investigation and

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report -- Prohibition against retaliation. (1) Any agent or employee of a health care facility or service licensed under this chapter who knows or has reasonable cause to believe that the quality of care of a patient, patient safety, or the health care facility's or service's safety is in jeopardy shall make an oral or written report of the problem to the health care facility or service, and may make it to any appropriate private, public, state, or federal agency. (2) Any individual in an administrative or supervisory capacity at the health care facility or service who receives a report under subsection (1) of this section shall investigate the problem, take appropriate action, and provide a response to the individual reporting the problem within seven (7) working days. (3) No health care facility or service licensed under this chapter shall by policy, contract, procedure, or other formal or informal means subject to reprisal, or directly or indirectly use, or threaten to use, any authority or influence, in any manner whatsoever, which tends to discourage, restrain, suppress, dissuade, deter, prevent, interfere with, coerce, or discriminate against any agent or employee who in good faith reports, discloses, divulges, or otherwise brings to the attention of the health care facility or service the circumstances or facts to form the basis of a report under subsections (1) or (2) of this section. No health care facility or service shall require any agent or employee to give notice prior to making a report, disclosure, or divulgence under subsections (1) or (2) of this section. (4) All reports, investigations, and action taken subject to this chapter shall be conducted in a manner that protects and maintains the confidentiality of patients and personnel and preserves the integrity of data, information, and medical records. (5) All health care facilities and services licensed under this chapter shall, as a condition of licensure, abide by the terms of KRS 216B.155 and this section. (6) No agent or employee of a health care facility or service shall file a report under subsection (1) or (2) of this section in bad faith and shall have a reasonable basis for filing a report. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 384, sec. 3, effective July 15, 1998.

Notes of Decisions
Cited in 24 cases (15 in the last 5 years), 2013–2026 · leading case: MacGlashan v. ABS Lincs KY, Inc.
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MacGlashan v. ABS Lincs KY, Inc. (2015) kywd · cites it 18× “No portion of KRS § 216B.165 or of KRS § 216B generally provides a cause of action or remedy.”
Foster v. Jennie Stuart Medical Center, Inc. (2013) kyctapp · cites it 11× “165 The first issue we will discuss is Oliver’s claim against JSMC and the individual ap-pellees 5 for violating KRS 216B.165(3). For our purposes, it is necessary to state the first three subsections of KRS 216B.”
Ramirez v. Bolster & Jeffries Health Care Group, LLC (2017) kywd · cites it 8× “After the termination, Ramirez amended the Complaint to assert an additional claim of wrongful termination based on a violation of KRS 216B.165. (1st Am. Compl. ¶¶ 81-90). During the pendency of this action, Ramirez died, and her co-personal representatives revived this action.”
Margaret MacGlashan v. Abs Lincs Ky, Inc. D/B/A Cumberland Hall Hospital (2014) ky · cites it 8× “070, an employee covered by KRS 216B.165 who suffers reprisal in violation of KRS 216B.”
Univ. of Louisville v. Harper (2019) kyctapp · cites it 4× “It was brought pursuant to: KRS 216B.165(1) [which] requires hospital employees to report circumstances in which "patient safety" or "quality of care" is "in jeopardy.”
Blair v. Maxim Healthcare Services, Inc. (2017) ca6 · cites it 3× “See Ky. Rev. Stat. § 216B.165. The district court granted summary judgment to Maxim on all claims.”
Tonya Martin & Mareeka Rice v. Ridgeway NRF Operations LLC, et al. (2026) kyed · cites it 30× “At the outset, the Court notes that Martin could still maintain a common law claim for wrongful termination even if she could not maintain her suit under Ky. Rev. Stat. § 216B.165. See Foster v. Jennie Stuart Medical Center, Inc.”
Hunter v. Corizon Health, Inc. (2021) kyed · cites it 25× “And the Court of Appeals of Kentucky has held that terminating an employee for reporting poor medical care “would violate the stated public policy [in KRS § 216B.165] to ensure safe health-care facilities, thereby meeting the elements of common-law wrongful termination.”
Elaine Hughes v. Norton Healthcare, Inc. (2020) kyctapp · cites it 22× “wrongful discharge in violation of KRS 216B.165, and intentional infliction of emotional distress following her termination.”
Jill Kercell v. Norton Hospitals, Inc. (2022) kyctapp · cites it 22× “That [Kercell] engaged in activity specifically protected by KRS 216B.165 and was fired in retaliation and reprisal for complying with her legal duty to report and investigate the incidents as described in that statute and below.”
Highlands Arh Regional Medical Center v. Ashley Shepherd (2025) kyctapp · cites it 17× “The complaint, asserts that Highlands retaliated against her by placing her in a hostile work environment and taking hostile actions for the purpose of forcing her to resign, constituting constructive discharge, and that their actions violated KRS 216B.165. Shepherd sought…”
Oehler v. Eclipse Senior Living, Inc. (2024) kyed · cites it 13× “On July 16, after Oehler and her staff completed the initial investigation and incident report, Eclipse approved Oehler’s request to report the incident to the Boone County Police Department (BCPD) and APS, as required by KRS 216B.165 and 209.030. See DE 12 (Amended Complaint)…”
Show all 24 citing cases →
— Ky. Rev. Stat. § 216B.165(1) — 19 cases
MacGlashan v. ABS Lincs KY, Inc. (2015) kywd “No portion of KRS § 216B.165 or of KRS § 216B generally provides a cause of action or remedy.”
Ramirez v. Bolster & Jeffries Health Care Group, LLC (2017) kywd “After the termination, Ramirez amended the Complaint to assert an additional claim of wrongful termination based on a violation of KRS 216B.165. (1st Am. Compl. ¶¶ 81-90). During the pendency of this action, Ramirez died, and her co-personal representatives revived this action.”
Margaret MacGlashan v. Abs Lincs Ky, Inc. D/B/A Cumberland Hall Hospital (2014) ky “070, an employee covered by KRS 216B.165 who suffers reprisal in violation of KRS 216B.”
Foster v. Jennie Stuart Medical Center, Inc. (2013) kyctapp “165 The first issue we will discuss is Oliver’s claim against JSMC and the individual ap-pellees 5 for violating KRS 216B.165(3). For our purposes, it is necessary to state the first three subsections of KRS 216B.”
Univ. of Louisville v. Harper (2019) kyctapp “It was brought pursuant to: KRS 216B.165(1) [which] requires hospital employees to report circumstances in which "patient safety" or "quality of care" is "in jeopardy.”
— Ky. Rev. Stat. § 216B.165(2) — 4 cases
Hunter v. Corizon Health, Inc. (2021) kyed “And the Court of Appeals of Kentucky has held that terminating an employee for reporting poor medical care “would violate the stated public policy [in KRS § 216B.165] to ensure safe health-care facilities, thereby meeting the elements of common-law wrongful termination.”
Jill Kercell v. Norton Hospitals, Inc. (2022) kyctapp “That [Kercell] engaged in activity specifically protected by KRS 216B.165 and was fired in retaliation and reprisal for complying with her legal duty to report and investigate the incidents as described in that statute and below.”
Jennifer Hall v. Highlands Hospital Corporation (2022) kyctapp
Highlands Arh Regional Medical Center v. Ashley Shepherd (2025) kyctapp “The complaint, asserts that Highlands retaliated against her by placing her in a hostile work environment and taking hostile actions for the purpose of forcing her to resign, constituting constructive discharge, and that their actions violated KRS 216B.165. Shepherd sought…”
— Ky. Rev. Stat. § 216B.165(3) — 18 cases
Foster v. Jennie Stuart Medical Center, Inc. (2013) kyctapp “165 The first issue we will discuss is Oliver’s claim against JSMC and the individual ap-pellees 5 for violating KRS 216B.165(3). For our purposes, it is necessary to state the first three subsections of KRS 216B.”
MacGlashan v. ABS Lincs KY, Inc. (2015) kywd “No portion of KRS § 216B.165 or of KRS § 216B generally provides a cause of action or remedy.”
Ramirez v. Bolster & Jeffries Health Care Group, LLC (2017) kywd “After the termination, Ramirez amended the Complaint to assert an additional claim of wrongful termination based on a violation of KRS 216B.165. (1st Am. Compl. ¶¶ 81-90). During the pendency of this action, Ramirez died, and her co-personal representatives revived this action.”
Margaret MacGlashan v. Abs Lincs Ky, Inc. D/B/A Cumberland Hall Hospital (2014) ky “070, an employee covered by KRS 216B.165 who suffers reprisal in violation of KRS 216B.”
Univ. of Louisville v. Harper (2019) kyctapp “It was brought pursuant to: KRS 216B.165(1) [which] requires hospital employees to report circumstances in which "patient safety" or "quality of care" is "in jeopardy.”
— Ky. Rev. Stat. § 216B.165(4) — 1 case
Jennifer Hall v. Highlands Hospital Corporation (2022) kyctapp
— Ky. Rev. Stat. § 216B.165(8) — 1 case
Foster v. Jennie Stuart Medical Center, Inc. (2013) kyctapp “165 The first issue we will discuss is Oliver’s claim against JSMC and the individual ap-pellees 5 for violating KRS 216B.165(3). For our purposes, it is necessary to state the first three subsections of KRS 216B.”
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