KRS § 216B.990 — KY Code / Title XVIII / Chapter 216B / Section 216B.990
216B.990 Penalties
Status: in_force

216B.990 Penalties.

(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been withdrawn, shall be fined one percent (1%) of the capital expenditure involved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.