216B.990 Penalties.
531 words·~2 min read·
/ky/chapter-216b/216b-990A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Any person who, in willful violation of this chapter, operates a health facility or
abortion facility without first obtaining a license or continues to operate a health
facility or abortion facility after a final decision suspending or revoking a license
shall be fined not less than five hundred dollars ($500) nor more than ten thousand
dollars ($10,000) for each violation.
(2)Any person who, in willful violation of this chapter, acquires major medical
equipment, establishes a health facility, or obligates a capital expenditure without
first obtaining a certificate of need, or after the applicable certificate of need has
been withdrawn, shall be fined one percent (1%) of the capital expenditure involved
but not less than five hundred dollars ($500) for each violation.
(3)Any health care provider or hospital acting by or through its agents or employees
which violates any provision of KRS 216B.400 shall be punished by a fine of not
less than one hundred dollars ($100) nor more than five hundred dollars ($500). The
cabinet shall establish an online portal on its website for reporting violations of
KRS 216B.400.
(4)Any health facility which willfully violates KRS 216B.250 shall be fined one
hundred dollars ($100) per day for failure to post required notices and one hundred
dollars ($100) per instance for willfully failing to provide an itemized statement
within the required time frames.
(5)In addition to the civil penalties established under KRS 216B.306(1) and (4), any
person who advertises, solicits boarders, or operates a boarding home without first
obtaining a registration as required by KRS 216B.305 and any person who aids or
abets the operation of a boarding home that is not registered shall be imprisoned for
no more than twelve
(12)months.
(6)Any person or entity establishing, managing, or operating an abortion facility or
conducting the business of an abortion facility which otherwise violates any
provision of this chapter or any administrative regulation promulgated thereunder
regarding abortion facilities shall be subject to revocation or suspension of the
license of the abortion facility. In addition, any violation of any provision of this
chapter regarding abortion facilities or any administrative regulation related thereto
by intent, fraud, deceit, unlawful design, willful and deliberate misrepresentation, or
by careless, negligent, or incautious disregard for the statute or administrative
regulation, either by persons acting individually or in concert with others, shall
constitute a violation and shall be punishable by a fine not to exceed one thousand
dollars ($1,000) for each offense. Each day of continuing violation shall be
considered a separate offense. The venue for prosecution of the violation shall be in
any county of the state in which the violation, or any portion thereof, occurred.
(7)Any hospital acting by or through its agents or employees that violates any
provision of KRS 216B.150 shall be punished by a fine of not less than one hundred
dollars ($100) nor more than five hundred dollars ($500) for each violation.
(8)Any health facility acting by or through its agents or employees that violates any
provision of KRS 216B.153 shall be punished by a fine of not less than one hundred
dollars ($100) nor more than five hundred dollars ($500) for each violation.