2014 Kentucky Revised Statutes CHAPTER 216B - LICENSURE AND REGULATION OF HEALTH FACILITIES AND SERVICES 216B.165 Duty to report quality of care and safety problems -- Investigation and report -- Prohibition against retaliation.
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216B.165 Duty to report quality of care and safety problems -- Investigation
and report -- Prohibition against retaliation.
(1)
(2)
(3)
(4)
(5)
(6)
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.
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.
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.
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.
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.
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.
Effective:July 15, 1998
History: Created 1998 Ky. Acts ch. 384, sec. 3, effective July 15, 1998.
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