DPH hearing examines Johnson Homes attempted discharge of resident over in-room smoking

The Connecticut Department of Public Health held a hearing Monday, Jan. 27, to consider whether Johnson Home LLC properly issued a notice of attempted discharge to resident Gail Eggleston on Jan. 14, 2025, under Connecticut General Statutes Section 19a-535a.

The hearing officer, Aiden Baum, said the facility bore the burden of proving by a preponderance of the evidence that it complied with the statutory discharge requirements and that he would rule on motions, make findings of fact and conclusions of law, and then issue an order following the hearing.

The facilitys administrator, Dawn Murphy, testified under oath that staff repeatedly found evidence of smoking in Egglestons room and that two separate incidents had triggered alarms and fire-department responses. Murphy said she began reminding Eggleston of the no-smoking rule after she became administrator in July 2023 and that the Johnson Homes house rules, dated June 13, 2023 (facility exhibit A), set smoking limits and a designated smoking…