KRS 216.560: Penalties for failure to correct violations within time specified --

Exemption from state penalty if federal penalty assessed -- Reduction of

penalty by amount used to correct deficiency -- Nursing incentive scholarship

fund.

(1) If a license e has failed to correct a Type A violation within the time specified for

correction by the cabinet, the cabinet shall assess the licensee a civil penalty in the

amount of five hundred dollars ($500) for each day that the deficiency continues

beyond the date specified for correction. Application for an extension of time, not to

exceed ten (10) days, may be granted by the cabinet upon a showing by the licensee

that adequate arrangements have been made to protect the health and safety of the

residents. A facil ity 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.

(2) If a licensee has failed to correct a Type B violation within the time specified for

correction by the cabinet, the cabinet shall assess the licensee a civil penalty in the

amount of two hundred dollars ($200) for each day that the deficienc y continues

beyond the date specified for correction. Application for an extension of time, not to

exceed (10) days, may be granted by the cabinet upon a showing by the licensee that

adequate arrangements have been made to protect the health and safety of the

residents. 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.

(3) The civil penalties authorized by KRS 216.537 to 216.590 shall be trebled when a

licensee has received a citation for violating a statute or regulation for which it has

received a citation during the previous twelve (12) months.

(4) Payment of penalties shall not be made from moneys used for direct patient care nor

shall the payment of penalties be a reimbursable cost under Medicaid or Medicare.

(5) KRS 216B.990(3) shall not apply to the offenses defined herein.

(6) A personal care home that is assessed a civil monetary penalty for a Type A or Type

B citation shall have the amount of the penalty reduced by the dollar amount that

the facility can verify was used to correct the deficiency, if:

(a) The condition resulting in the deficiency citation existed for less than thirty

(30) days prior to the date of the citation; or

(b) The facility has not intentionally delayed correcting the deficiency to secure a

reduction in a penalty that might subsequently be assessed.

(7) All a dministrative fines collected by the cabinet pursuant to KRS 216.537 to

216.590 shall be deposited in the Kentucky nursing incentive scholarship fund,

which is hereby created, and the balance of that fund shall not lapse at the end of the

fiscal year to the general fund.

(8) This section shall not apply to assisted living communities licensed under KRS

194A.700 to 194A.729.