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Hearing officer dismisses Gerard Manor discharge after notice failed to reach long‑term care ombudsman
Summary
A state hearing officer dismissed an involuntary discharge proceeding for Gerard Manor resident Kevin Harger after the facility could not show the required same‑day upload of the notice to the state long‑term care ombudsman's office; the facility said it will withdraw and refile the notice.
A state hearing officer dismissed an involuntary discharge proceeding brought by Gerard Manor after the facility could not demonstrate that a notice dated Sept. 10, 2025, had been uploaded the same day to the state long‑term care ombudsman's office, the hearing record shows. The dismissal means the facility must reissue the notice before pursuing discharge and the resident may file a new appeal.
The dismissal turned on a procedural requirement the hearing officer said is prescribed by statute: that an involuntary discharge notice must be sent to the state long‑term care ombudsperson on the same day it is given to the resident. The officer told facility representatives, “I will have to dismiss the case based on that procedural matter,” after reviewing the system records, which showed a September 10 entry with a “data entry” status rather than a completed upload and a later system notification saying an involuntary 30‑day…
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