Statutes > Kentucky Statutes > CHAPTER 216 HEALTH FACILITIES AND SERVICES > 216.565 Factors to be considered in determining amount of initial penalty.

216.565 Factors to be considered in determining amount of initial penalty.

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216.565 Factors to be considered in determining amount of initial penalty. In determining the amount of the initial penalty to be imposed under KRS 216.537 to <br>216.590, the cabinet shall consider at least the following factors: <br>(1) The gravity of the violation, including the probability that death or serious physical or mental harm to a resident will result or has resulted; the severity of the actual or <br>potential harm, and the extent to which the provisions of the applicable statutes or <br>regulations were violated; (2) The reasonable diligence exercised by the licensee and efforts to correct violations; <br>(3) The number and type of previous violations committed by the licensee; and <br>(4) The amount of assessment necessary to insure immediate and continued compliance. Effective: July 15, 1982 <br>History: Created 1982 Ky. Acts ch. 157, sec. 13, effective July 15, 1982.