216B.165 Duty to report quality of care and safety problems -- Investigation and

360 words·~2 min read·/ky/216b-165

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

report -- Prohibition against retaliation.

(1)Any agent or employee of a health care facility or service licensed under this

chapter who knows or has reasonable cause to believe that the quality of care of a

patient, patient safety, or the health care facility's or service's safety is in jeopardy

shall make an oral or written report of the problem to the health care facility or

service, and may make it to any appropriate private, public, state, or federal agency.

(2)Any individual in an administrative or supervisory capacity at the health care

facility or service who receives a report under subsection

(1)of this section shall

investigate the problem, take appropriate action, and provide a response to the

individual reporting the problem within seven

(7)working days.

(3)No health care facility or service licensed under this chapter shall by policy,

contract, procedure, or other formal or informal means subject to reprisal, or

directly or indirectly use, or threaten to use, any authority or influence, in any

manner whatsoever, which tends to discourage, restrain, suppress, dissuade, deter,

prevent, interfere with, coerce, or discriminate against any agent or employee who

in good faith reports, discloses, divulges, or otherwise brings to the attention of the

health care facility or service the circumstances or facts to form the basis of a report

under subsections

(1)or

(2)of this section. No health care facility or service shall

require any agent or employee to give notice prior to making a report, disclosure, or

divulgence under subsections

(1)or

(2)of this section.

(4)All reports, investigations, and action taken subject to this chapter shall be

conducted in a manner that protects and maintains the confidentiality of patients and

personnel and preserves the integrity of data, information, and medical records.

(5)All health care facilities and services licensed under this chapter shall, as a

condition of licensure, abide by the terms of KRS 216B.155 and this section.

(6)No agent or employee of a health care facility or service shall file a report under

subsection

(1)or

(2)of this section in bad faith and shall have a reasonable basis for

filing a report.