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216.577 Action of secretary against facility for failure to correct a violation.

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216.577 Action of secretary against facility for failure to correct a violation. Upon a finding that conditions in a long-term care facility constitute a Type A violation, <br>and the licensee fails to correct the violation within the time specified for correction by <br>the cabinet, the secretary shall take at least one (1) of the following actions with respect to <br>the facility in addition to the issuance of a citation, or the assessment of a civil penalty <br>therefor: <br>(1) Institute proceedings to obtain an order compelling compliance with the regulations, standards, or requirements as set forth by the Kentucky Health Facilities and Health <br>Services Certificate of Need and Licensure Board, the provisions of KRS 216.510 <br>to 216.525, or applicable federal laws and regulations governing the certification of <br>a long-term care facility under Title 18 or 19 of the Social Security Act; (2) Institute injunctive proceedings in Circuit Court to terminate the operation of the facility; or (3) Selectively transfer residents whose care needs are not being adequately met by the long-term care facility. Effective: July 15, 1982 <br>History: Created 1982 Ky. Acts ch. 157, sec. 18, effective July 15, 1982.