Health and Family Services Cabinet
Office of Inspector General Levies $1.4 Million in Fines Against Oakwood
The Cabinet for Health and Family Services' Office of Inspector General (OIG) has served notice to Oakwood of nearly $1.4 million in fines to date for uncorrected regulatory violations.
"Ensuring the health and safety of the residents at Oakwood remains our top concern," said CHFS Secretary Mark D. Birdwhistell. "Under state law, fines are used to push facilities to correct serious issues that could endanger the safety of residents. The Cabinet will continue to hold Oakwood accountable until conditions at the facility improve."
The facility was notified that the fines to date related to 12 Type A citations that have not been corrected. Penalties will continue until the violations have been corrected and the facility will receive future notice of fines levied for other Type A citations.
The fines are assessed on a per Type A citation basis. As provided for in state law, the OIG triples the usual $5,000 fine per Type A citation to $15,000 if the facility has received a citation during the previous year for violation of the same regulation. In addition, CHFS is required to assess a civil penalty of $500 per day for each day that the situation underlying a Type A continues uncorrected beyond the date specified in the citation for correction.
The facility has 20 days to determine whether it will appeal the fines. As part of the appeal process, the facility may seek to lessen the fines or negotiate a payment structure. Liberty Healthcare is not responsible for payment.
By law, a portion of the fines paid for Type A citations go to the Kentucky Board of Nursing's Incentive Scholarship Fund.