Kentucky Statutes 216.565 – Factors to be considered in determining amount of initial penalty
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(1) In determining the amount of the initial penalty to be imposed under KRS § 216.537 to KRS § 216.590, the cabinet shall consider at least the following factors:
(a) 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 potential harm, and the extent to which the provisions of the applicable statutes or regulations were violated;
(b) The reasonable diligence exercised by the licensee and efforts to correct violations;
(c) The number and type of previous violations committed by the licensee; and
(d) The amount of assessment necessary to insure immediate and continued compliance.
(2) This section shall not apply to assisted living communities licensed under KRS
194A.700 to 194A.729.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 20, sec. 33, effective July 14, 2022. — Created
1982 Ky. Acts ch. 157, sec. 13, effective July 15, 1982.
(a) 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 potential harm, and the extent to which the provisions of the applicable statutes or regulations were violated;
(b) The reasonable diligence exercised by the licensee and efforts to correct violations;
(c) The number and type of previous violations committed by the licensee; and
(d) The amount of assessment necessary to insure immediate and continued compliance.
(2) This section shall not apply to assisted living communities licensed under KRS
194A.700 to 194A.729.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 20, sec. 33, effective July 14, 2022. — Created
1982 Ky. Acts ch. 157, sec. 13, effective July 15, 1982.