{"data":{"id":"us-ky/krs-216.557","jurisdiction":"us-ky","citation":"KRS 216.557","heading":"Classification of violations -- Exemption from state penalty if federal","body":"penalty assessed.\nCitations issued pursuant to KRS 216.537 to 216.590 shall be classified according to the\nnature of the violation as follows:\n(1) Type \"A\" violation mean s a violation by a long -term care facility of the regulation,\nstandards, and requirements as set forth by the cabinet pursuant to KRS 216.563 or\nthe provisions of KRS 216.510 to 216.525, or applicable federal laws and\nregulations governing the certification of a long -term care facility under Title 18 or\n19 of the Social Security Act, which presents an imminent danger to any resident of\na long-term care facility and creates substantial risk that death or serious mental or\nphysical harm to a resident will occ ur. A Type A violation shall be abated or\neliminated immediately, unless a fixed period of time not to exceed ten (10) days, as\ndetermined by the cabinet, is required for correction. A Type A violation is subject\nto a civil penalty in an amount not less th an one thousand dollars ($1,000) nor more\nthan five thousand dollars ($5,000) for each and every violation. A facility that is\nassessed a civil monetary penalty in accordance with applicable federal laws and\nregulations under Title 18 or 19 of the Federal Social Security Act shall not be\nsubject to the civil monetary penalty established in this subsection for the same\nviolation; and\n(2) Type \"B\" violation means a violation by a long -term care facility of the regulations,\nstandards, and requirements as set f orth by the cabinet pursuant to KRS 216.563 or\nthe provisions of KRS 216.510 to 216.525, or applicable federal laws and\nregulations governing the certification of a long -term care facility under Title 18 or\n19 of the Social Security Act, which presents a d irect or immediate relationship to\nthe health, safety, or security of any resident, but which does not create an imminent\ndanger. A Type B violation is subject to a civil penalty in an amount not less than\none hundred dollars ($100) nor more than five hund red dollars ($500) for each and\nevery violation. A citation for a Type B violation shall specify the time within\nwhich the violation is required to be corrected as approved or determined by the\ncabinet. If a Type B violation is corrected within the time sp ecified, no civil penalty\nshall be imposed. A facility that is assessed a civil monetary penalty in accordance\nwith applicable federal laws and regulations under Title 18 or 19 of the Federal\nSocial Security Act shall not be subject to the civil monetary p enalty established in\nthis subsection for the same violation.\nThis section shall not apply to assisted living communities licensed pursuant to KRS\n194A.700 to 194A.729.","path":["KRS Chapter 216"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=52531","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:21Z","sha256":"76bf5cc87624af89ef3da90537e2bf4eeb8d6a71b224b97c4014dda11606edbc","source_id":"us-ky","stale":false,"prev":"us-ky/krs-216.555","next":"us-ky/krs-216.560"},"notice":"GroundRules: Original legal text. Not legal advice."}