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Holly View Manor withdraws Jan. 30 emergency discharge notice for resident Richard Profeta
Summary
At a Department of Public Health hearing, Holly View Manor withdrew an emergency notice of involuntary discharge dated Jan. 30, 2025, for resident Richard Profeta after the facility failed to produce a required discharge plan under Section 19a-535a.
A hearing officer for the Department of Public Health said Holly View Manor must provide a written discharge plan before an involuntary discharge can proceed, and the facility’s representative withdrew an emergency notice dated Jan. 30, 2025, for resident Richard Profeta during a administrative hearing after failing to produce that plan.
The hearing officer said the facility had notified the long-term care ombudsperson on Jan. 30 but had not presented a discharge plan to the agency or to the resident within the seven-day period required by Section 19a-535a. “That discharge plan … must be presented to the resident within 7 days of the issuance of the notice of discharge and presented to me on behalf of the commissioner, either prior to the hearing or at the hearing,” the hearing officer told facility staff.
Miss Eilerman, house manager and newly appointed administrator at Holly View Manor, confirmed she delivered the notice to the ombudsperson on Jan. 30 and said she provided the emergency discharge paper to Profeta the day he went to Bristol Hospital. “Yes. I withdraw the notice of the discharge on 01/30/2025,” Eilerman said on the record when given the option to withdraw the notice to avoid an adverse decision.
The hearing officer said, because a discharge plan was missing, the office would vacate any order based on the notice as it stood and reminded the facility that it may reissue a new notice if it complies with statutory requirements. The officer told Profeta the agency would await further communications and advised him that if another notice is issued he should ensure any appeal is filed on time.
The hearing record shows no formal vote. The facility’s on-the-record withdrawal leaves open the option to issue a new notice after preparing and providing a discharge plan that details the resident’s medications, treatments, mobility status and any higher level of care needs required to ensure appropriate placement.
Background: Section 19a-535a (subsections b, c and d) sets procedural protections for involuntary discharges from long-term care settings, including notice to the resident and the long-term care ombudsperson and the preparation and delivery of an individualized discharge plan. The hearing officer repeatedly directed the facility to consult those subsections when preparing any future notice.
