KRS 216.555: Long-term care facility -- Citation by cabinet for violations of

regulations, standards, and requirements -- Restriction on publication of

results of survey, inspection, or investigation.

(1) If upon inspection or investigation the cabinet determines that a long-term care

facility has violated the regulations, standards, and requirements as set forth by

the cabinet pursuant to 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 and such

violation has been classified in KRS 216.557, the cabinet shall immediately

issue a citation to the licensee of the long-term care facility. Each notice of

violation shall be prepared in writing and shall specify the nature of the

violation, and the statutory provision or regulation alleged to have been

violated.

(2) Except as otherwise provided in this section, the results of a survey,

inspection, or investigation of a long-term care facility conducted by any state

or federal department or agency, including all statements of deficiencies,

findings of deficiency, and all plans of correction, shall not be used in an

advertisement publication, unless the advertisement publication includes all of

the following:

(a) The date the survey, inspection, or investigation was conducted;

(b) A statement that a facility is required to submit a plan of correction in

response to a statement of deficiencies, if applicable;

(c) If a finding or deficiency cited in the statement of deficiencies has been

corrected, a statement that the finding or deficiency has been corrected

and the date that the finding or deficiency was corrected; and

(d) A statement that the advertisement publication is not authorized or

endorsed by the Cabinet for Health and Family Services, Office of

Inspector General, the Centers for Medicare and Medicaid Services, or

any other government agency.

(3) This section does not prohibit the results of a survey, inspection, or

investigation conducted under this section from being used in an administrative

proceeding or a civil or criminal investigation or prosecution.

(4) The information required by subsection (2) of this section shall:

(a) Be in the same color, font, and size as the other language on or in the

advertisement publication; and

(b) Appear as prominent as other language used in the advertisement

publication.