{"data":{"id":"us-ky/krs-216.560","jurisdiction":"us-ky","citation":"KRS 216.560","heading":"Penalties for failure to correct violations within time specified --","body":"Exemption from state penalty if federal penalty assessed -- Reduction of\npenalty by amount used to correct deficiency -- Nursing incentive scholarship\nfund.\n(1) If a license e has failed to correct a Type A violation within the time specified for\ncorrection by the cabinet, the cabinet shall assess the licensee a civil penalty in the\namount of five hundred dollars ($500) for each day that the deficiency continues\nbeyond the date specified for correction. Application for an extension of time, not to\nexceed ten (10) days, may be granted by the cabinet upon a showing by the licensee\nthat adequate arrangements have been made to protect the health and safety of the\nresidents. A facil ity that is assessed a civil monetary penalty in accordance with\napplicable federal laws and regulations under Title 18 or 19 of the Federal Social\nSecurity Act shall not be subject to the civil monetary penalty established in this\nsubsection for the same violation.\n(2) If a licensee has failed to correct a Type B violation within the time specified for\ncorrection by the cabinet, the cabinet shall assess the licensee a civil penalty in the\namount of two hundred dollars ($200) for each day that the deficienc y continues\nbeyond the date specified for correction. Application for an extension of time, not to\nexceed (10) days, may be granted by the cabinet upon a showing by the licensee that\nadequate arrangements have been made to protect the health and safety of the\nresidents. A facility that is assessed a civil monetary penalty in accordance with\napplicable federal laws and regulations under Title 18 or 19 of the Federal Social\nSecurity Act shall not be subject to the civil monetary penalty established in this\nsubsection for the same violation.\n(3) The civil penalties authorized by KRS 216.537 to 216.590 shall be trebled when a\nlicensee has received a citation for violating a statute or regulation for which it has\nreceived a citation during the previous twelve (12) months.\n(4) Payment of penalties shall not be made from moneys used for direct patient care nor\nshall the payment of penalties be a reimbursable cost under Medicaid or Medicare.\n(5) KRS 216B.990(3) shall not apply to the offenses defined herein.\n(6) A personal care home that is assessed a civil monetary penalty for a Type A or Type\nB citation shall have the amount of the penalty reduced by the dollar amount that\nthe facility can verify was used to correct the deficiency, if:\n(a) The condition resulting in  the deficiency citation existed for less than thirty\n(30) days prior to the date of the citation; or\n(b) The facility has not intentionally delayed correcting the deficiency to secure a\nreduction in a penalty that might subsequently be assessed.\n(7) All a dministrative fines collected by the cabinet pursuant to KRS 216.537 to\n216.590 shall be deposited in the Kentucky nursing incentive scholarship fund,\nwhich is hereby created, and the balance of that fund shall not lapse at the end of the\nfiscal year to the general fund.\n(8) This section shall not apply to assisted living communities licensed under KRS\n194A.700 to 194A.729.","path":["KRS Chapter 216"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=52532","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:21Z","sha256":"653997e62b660e997d13dc7dadfa4f0504c182b9a52af3f2ffb4cc0915ac588d","source_id":"us-ky","stale":false,"prev":"us-ky/krs-216.557","next":"us-ky/krs-216.563"},"notice":"GroundRules: Original legal text. Not legal advice."}