KRS 216.577: Action of secretary against facility for failure to correct a Type A violation.

(1) Upon a finding that conditions in a long -term care facility constitute a Type A

violation, and the licensee fails to correct the violation within the time s pecified for

correction by the cabinet, the secretary shall take at least one (1) of the following

actions with respect to the facility in addition to the issuance of a citation, or the

assessment of a civil penalty therefor:

(a) Institute proceedings to o btain an order compelling compliance with the

regulations, standards, or requirements as set forth by the Cabinet for Health

and Family Services, the provisions of KRS 216.510 to 216.525, or applicable

federal laws and regulations governing the certificati on of a long -term care

facility under Title 18 or 19 of the Social Security Act;

(b) Institute injunctive proceedings in Circuit Court to terminate the operation of

the facility; or

(c) Selectively transfer residents whose care needs are not being adequate ly met

by the long-term care facility.

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

194A.700 to 194A.729.