216.577 Action of secretary against facility for failure to correct a Type A violation.
171 words·~1 min read·
/ky/chapter-216/216-577A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Upon a finding that conditions in a long-term care facility constitute a Type A
violation, and the licensee fails to correct the violation within the time specified for
correction by the cabinet, the secretary shall take at least one
(1)of the following
actions with respect to the facility in addition to the issuance of a citation, or the
assessment of a civil penalty therefor:
(a)Institute proceedings to obtain an order compelling compliance with the
regulations, standards, or requirements as set forth by the Cabinet for Health
and Family Services, the provisions of KRS 216.510 to 216.525, or applicable
federal laws and regulations governing the certification of a long-term care
facility under Title 18 or 19 of the Social Security Act;
(b)Institute injunctive proceedings in Circuit Court to terminate the operation of
the facility; or
(c)Selectively transfer residents whose care needs are not being adequately met
by the long-term care facility.
(2)This section shall not apply to assisted living communities licensed under KRS
194A.700 to 194A.729.