KRS 216.557: Classification of violations -- Exemption from state penalty if federal

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 mean s 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 occ ur. 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 th an 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 f orth 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 d irect 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 hund red 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 sp ecified, 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 p enalty 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.