KRS 216.541: Willful interference with representatives of Office of the Long -Term-Care

Ombudsman prohibited -- Retaliation against complainant prohibited --

Penalty -- Liability insurance for representatives of the ombudsman program.

(1) Willful interference, as d efined in KRS 216.535, with representatives of the Office

of the Long-Term-Care Ombudsman in the lawful performance of official duties, as

set forth in the Older Americans Act, 42 U.S.C. secs. 3001 et seq., shall be

unlawful.

(2) Retaliation and reprisals by a long -term-care facility or other entity against any

employee or resident for having filed a complaint or having provided information to

the long-term care ombudsman shall be unlawful.

(3) A violation of subsection (1) or (2) of this section shall resu lt in a fine of one

hundred dollars ($100) to five hundred dollars ($500) for each violation. Each day

the violation continues shall constitute a separate violation. The manner in which

appeals are presented for violations of this section shall be in accor dance with

administrative regulations prescribed by the secretary for determining the rights of

the parties. All fines collected pursuant to this section shall be used for programs

administered by the Department for Aging and Independent Living.

(4) The Ca binet for Health and Family Services shall authorize the acquisition of

liability insurance for the protection of representatives of the Long -Term-Care

Ombudsman Program who are not employed by the state, to ensure compliance with

the federal mandate that no representative of the office shall be liable under state

law for the good faith performance of official duties.