Hearing officer accepts facility retraction after discharge-plan lapse in Dutra appeal

A hearing officer at a July 9, 2025 administrative hearing said Whispering Winds Residential Care Home failed to meet statutory obligations when it issued a June 27 discharge notice for resident Denise Dutra, and the facility agreed to retract the notice rather than have the hearing officer rule in Dutra’s favor. The facility had filed the notice on June 27; Dutra appealed on July 7 and the hearing was noticed July 9.

The hearing officer said the statute requires a facility to prepare a discharge plan and give it to the resident within seven days of serving a discharge notice and to submit that plan to the commissioner of the Department of Public Health on or before the hearing date. The officer said the facility had not done that and told attendees, "If I draft a decision, that decision would come out in favor of Mr. Dutra because the facility did not follow the statute and complete its obligations under the statute." The hearing officer identified the controlling provision during the hearing as statute 19A-5-35A and told the facility to consult it before issuing another notice.

Facility representatives described the behavior and safety concerns that led to the June 27 notice. The facility’s representative, Michael Bartolotta, said staff observed Dutra drinking and that his…