216.560 Penalties for failure to correct violations within time specified -- Exemption from state penalty if federal penalty assessed -- Reduction of penalty by amount used to correct deficiency.
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<![CDATA[216.560 Penalties for failure to correct violations within time specified -- Exemption from state penalty if federal penalty assessed -- Reduction of <br>penalty by amount used to correct deficiency. (1) If a licensee has failed to correct a Type A violation within the time specified for correction by the cabinet, the cabinet shall assess the licensee a civil penalty in the <br>amount of five hundred dollars ($500) for each day that the deficiency continues <br>beyond the date specified for correction. Application for an extension of time, not to <br>exceed ten (10) days, may be granted by the cabinet upon a showing by the licensee <br>that adequate arrangements have been made to protect the health and safety of the <br>residents. A facility that is assessed a civil monetary penalty in accordance with <br>applicable federal laws and regulations under Title 18 or 19 of the Federal Social <br>Security Act shall not be subject to the civil monetary penalty established in this <br>subsection for the same violation. (2) If a licensee has failed to correct a Type B violation within the time specified for correction by the cabinet, the cabinet shall assess the licensee a civil penalty in the <br>amount of two hundred dollars ($200) for each day that the deficiency continues <br>beyond the date specified for correction. Application for an extension of time, not to <br>exceed (10) days, may be granted by the cabinet upon a showing by the licensee that <br>adequate arrangements have been made to protect the health and safety of the <br>residents. A facility that is assessed a civil monetary penalty in accordance with <br>applicable federal laws and regulations under Title 18 or 19 of the Federal Social <br>Security Act shall not be subject to the civil monetary penalty established in this <br>subsection for the same violation. (3) The civil penalties authorized by KRS 216.537 to 216.590 shall be trebled when a licensee has received a citation for violating a statute or regulation for which it has <br>received a citation during the previous twelve (12) months. (4) Payment of penalties shall not be made from moneys used for direct patient care nor shall the payment of penalties be a reimbursable cost under Medicaid or Medicare. (5) KRS 216B.990(3) shall not apply to the offenses defined herein. <br>(6) A personal care home that is assessed a civil monetary penalty for a Type A or Type B citation shall have the amount of the penalty reduced by the dollar amount that <br>the facility can verify was used to correct the deficiency, if: <br>(a) The condition resulting in the deficiency citation existed for less than thirty (30) days prior to the date of the citation; or (b) The facility has not intentionally delayed correcting the deficiency to secure a reduction in a penalty that might subsequently be assessed. (7) All administrative fines collected by the cabinet pursuant to KRS 216.537 to 216.590 shall be deposited in the Kentucky nursing incentive scholarship fund, <br>which is hereby created, and the balance of that fund shall not lapse at the end of the <br>fiscal year to the general fund. Effective: July 15, 2002 <br>History: Amended 2002 Ky. Acts ch. 296, sec. 2, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 189, sec. 8, effective July 15, 1998. -- Amended 1990 Ky. Acts ch. 235, sec. 5, effective July 13, 1990; and ch. 249, sec. 4, effective July 13, 1990. --<br>Amended 1984 Ky. Acts ch. 111, sec. 108, effective July 13, 1984. -- Created 1982 <br>Ky. Acts ch. 157, sec. 11, effective July 15, 1982. ]]>