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216.557 Classification of violations -- Exemption from state penalty if federal penalty assessed.

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216.557 Classification of violations -- Exemption from state penalty if federal penalty assessed. Citations issued pursuant to KRS 216.537 to 216.590 shall be classified according to the <br>nature of the violation as follows: <br>(1) Type &quot;A&quot; violation means a violation by a long-term care facility of the regulation, standards, and requirements as set forth by the cabinet pursuant to KRS 216.563 or <br>the provisions of KRS 216.510 to 216.525, or applicable federal laws and <br>regulations governing the certification of a long-term care facility under Title 18 or <br>19 of the Social Security Act, which presents an imminent danger to any resident of <br>a long-term care facility and creates substantial risk that death or serious mental or <br>physical harm to a resident will occur. A Type A violation shall be abated or <br>eliminated immediately, unless a fixed period of time not to exceed ten (10) days, as <br>determined by the cabinet, is required for correction. A Type A violation is subject <br>to a civil penalty in an amount not less than one thousand dollars (&#36;1,000) nor more <br>than five thousand dollars (&#36;5,000) for each and every violation. A facility that is <br>assessed a civil monetary penalty in accordance with applicable federal laws and <br>regulations under Title 18 or 19 of the Federal Social Security Act shall not be <br>subject to the civil monetary penalty established in this subsection for the same <br>violation. (2) Type &quot;B&quot; violation means a violation by a long-term care facility of the regulations, standards, and requirements as set forth by the cabinet pursuant to KRS 216.563 or <br>the provisions of KRS 216.510 to 216.525, or applicable federal laws and <br>regulations governing the certification of a long-term care facility under Title 18 or <br>19 of the Social Security Act, which presents a direct or immediate relationship to <br>the health, safety, or security of any resident, but which does not create an imminent <br>danger. A Type B violation is subject to a civil penalty in an amount not less than <br>one hundred dollars (&#36;100) nor more than five hundred dollars (&#36;500) for each and <br>every violation. A citation for a Type B violation shall specify the time within <br>which the violation is required to be corrected as approved or determined by the <br>cabinet. If a Type B violation is corrected within the time specified, no civil penalty <br>shall be imposed. A facility that is assessed a civil monetary penalty in accordance <br>with applicable federal laws and regulations under Title 18 or 19 of the Federal <br>Social Security Act shall not be subject to the civil monetary penalty established in <br>this subsection for the same violation. Effective: July 15, 2002 <br>History: Amended 2002 Ky. Acts ch. 296, sec. 1, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 189, sec. 6, effective July 15, 1998. -- Created 1982 Ky. Acts <br>ch. 157, sec. 10, effective July 15, 1982.