KRS 194A.722: Violations of standards and requirements are citations or deficiencies --

Limitation on civil monetary penalties -- Direction of fines to nursing incentive

scholarship fund.

(1) Violations of the administrative regulations, standards, and re quirements set forth

by the cabinet pursuant to KRS 194A.707 and the applicable provisions of KRS

216.515 to 216.525, 216.537 to 216.573, 216.590, and 216.765 shall be cited and

referred to as citations or deficiencies and shall not be subject to or be cat egorized

as Type A or Type B violations.

(2) When an assisted living community self -reports to the cabinet facts or an event that

constitute a violation of the administrative regulations, standards, and requirements

set forth by the cabinet pursuant to KRS 194A.707 and the applicable provisions of

KRS 216.515 to 216.525, 216.537 to 216.573, 216.590, and 216.765, the violation

shall be shown on all related documents as having been reported to the cabinet by

the assisted living community, and shall not be deemed a complaint.

(3) Violations of the administrative regulations, standards, and requirements set forth

by the cabinet shall present a direct or immediate relationship to the health, safety,

or security of any resident.

(4) A citation for a violation shal l specify the time within which the violation is

required to be corrected as approved or determined by the cabinet. If a violation is

corrected within the time specified, no civil penalty shall be imposed.

(5) Civil monetary penalties for violations of the administrative regulations, standards,

and requirements set forth by the cabinet shall not be assessed in excess of five

hundred dollars ($500) for each distinct violation. Civil monetary penalties shall not

be assessed unless imminent danger to a residen t is present that creates substantial

risk of death or serious mental or physical harm.

(6) In determining the amount of any civil monetary penalty to be imposed under this

subsection, the cabinet shall consider at least the following:

(a) The gravity of the violation, the severity of the actual harm, and the extent to

which the provisions of the applicable statutes or administrative regulations

were violated;

(b) The reasonable diligence exercised by the licensee and efforts to correct

violations;

(c) The number and type of previous violations committed by the licensee; and

(d) The amount of the imposed penalty necessary to ensure immediate and

continued compliance.

(7) An assisted living community that is assessed a civil monetary penalty shall have

the amount of the penalty reduced by the dollar amount that the facility can verify

was used to correct the deficiency if the condition resulting in the deficiency

citation existed for less than thirty (30) days prior to the date of the citation.

(8) All admi nistrative fines collected by the cabinet pursuant to KRS 194A.700 to

194A.729 shall be deposited in the Kentucky nursing incentive scholarship fund

created pursuant to KRS 314.025.