{"data":{"id":"us-ky/krs-194a.722","jurisdiction":"us-ky","citation":"KRS 194A.722","heading":"Violations of standards and requirements are citations or deficiencies --","body":"Limitation on civil monetary penalties -- Direction of fines to nursing incentive\nscholarship fund.\n(1) Violations of the administrative regulations, standards, and re quirements set forth\nby the cabinet pursuant to KRS 194A.707 and the applicable provisions of KRS\n216.515 to 216.525, 216.537 to 216.573, 216.590, and 216.765 shall be cited and\nreferred to as citations or deficiencies and shall not be subject to or be cat egorized\nas Type A or Type B violations.\n(2) When an assisted living community self -reports to the cabinet facts or an event that\nconstitute a violation of the administrative regulations, standards, and requirements\nset forth by the cabinet pursuant to KRS  194A.707 and the applicable provisions of\nKRS 216.515 to 216.525, 216.537 to 216.573, 216.590, and 216.765, the violation\nshall be shown on all related documents as having been reported to the cabinet by\nthe assisted living community, and shall not be deemed a complaint.\n(3) Violations of the administrative regulations, standards, and requirements set forth\nby the cabinet shall present a direct or immediate relationship to the health, safety,\nor security of any resident.\n(4) A citation for a violation shal l specify the time within which the violation is\nrequired to be corrected as approved or determined by the cabinet. If a violation is\ncorrected within the time specified, no civil penalty shall be imposed.\n(5) Civil monetary penalties for violations of the  administrative regulations, standards,\nand requirements set forth by the cabinet shall not be assessed in excess of five\nhundred dollars ($500) for each distinct violation. Civil monetary penalties shall not\nbe assessed unless imminent danger to a residen t is present that creates substantial\nrisk of death or serious mental or physical harm.\n(6) In determining the amount of any civil monetary penalty to be imposed under this\nsubsection, the cabinet shall consider at least the following:\n(a) The gravity of the violation, the severity of the actual harm, and the extent to\nwhich the provisions of the applicable statutes or administrative regulations\nwere violated;\n(b) The reasonable diligence exercised by the licensee and efforts to correct\nviolations;\n(c) The number and type of previous violations committed by the licensee; and\n(d) The amount of the imposed penalty necessary to ensure immediate and\ncontinued compliance.\n(7) An assisted living community that is assessed a civil monetary penalty shall have\nthe amount of the penalty reduced by the dollar amount that the facility can verify\nwas used to correct the deficiency if the condition resulting in the deficiency\ncitation existed for less than thirty (30) days prior to the date of the citation.\n(8) All admi nistrative fines collected by the cabinet pursuant to KRS 194A.700 to\n194A.729 shall be deposited in the Kentucky nursing incentive scholarship fund\ncreated pursuant to KRS 314.025.","path":["KRS Chapter 194A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=52525","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:47Z","sha256":"2d767d79fe3f7fa93de1b0d7a3909d128dd36f48ed923577f1b4a41dbe6c9837","source_id":"us-ky","stale":false,"prev":"us-ky/krs-194a.721","next":"us-ky/krs-194a.723"},"notice":"GroundRules: Original legal text. Not legal advice."}