HARTFORD — The Connecticut Department of Public Health held a public hearing Dec. 24 on a discharge notice issued by Johnson Home LLC to resident Gail Eggleston, and the facility withdrew the notice after a hearing officer identified statutory deficiencies.

Hearing officer Aidan Baum opened the online hearing, identified the matter as docket number 24-1211 and said the proceeding was held pursuant to Conn. Gen. Stat. § 19a-535a. Baum told the parties the licensee (Johnson Home LLC) bears the burden to prove by a preponderance of the evidence that it complied with the statute’s requirements for involuntary transfers or discharges.

Baum entered five record exhibits, including a notice of intent to discharge dated Dec. 6, 2024, and an appeal by Eggleston dated Dec. 9, 2024. During questioning, Baum walked through the statute’s required elements for a discharge notice and accompanying discharge plan. He noted the statute allows discharge for several enumerated reasons and said the facility had cited that the resident’s presence endangered health and safety.

Baum told the facility its discharge notice must include the reason for the transfer, the effective date (the notice listed Jan. 5, 2025), the resident’s right to appeal and the name, mailing address and telephone number of the Connecticut State Long-Term Care Ombudsman. He also explained that, under the statute, the facility must prepare a separate discharge plan describing the resident’s individual needs, provide that plan to the resident within seven days after the notice, and submit it to the commissioner (represented at the hearing by Baum) at or before the hearing.

The facility’s representative confirmed she had contacted other providers and said placements were available and that the resident had done an intake with a prospective receiving facility. However, she acknowledged she had not provided a standalone discharge plan documenting Eggleston’s individual needs and had not ensured the statutory timing for providing that plan to the Department.

Baum said there were two paths: he could draft a decision granting Eggleston’s appeal and vacating the discharge (a process that would take several weeks), or the facility could withdraw the notice on the record and reissue a compliant 30-day notice more quickly. The facility elected to withdraw the notice. Baum said the withdrawal would be without prejudice, the matter would be administratively closed and the facility could reissue a new notice and provide a discharge plan within seven days of that notice.

On the record, Baum read contact information for the Department of Public Health Public Hearing Office (410 Capitol Ave., P.O. Box 340308, Hartford, CT 06134; phone 860-509-7648; fax 860-707-1904; the hearing record also includes an email address for submissions) and said the withdrawal notice would be mailed to parties and should appear no later than Dec. 26 given the state holiday.

The hearing was adjourned. Baum said he anticipated seeing the parties again if the facility reissued the notice. The record includes facility exhibits such as photographs (left as identification-only pending testimony), fire-drill evaluation forms and an incident report dated Feb. 22, 2024.

Key next step: If Johnson Home LLC reissues a discharge notice it must include a discharge plan listing Eggleston’s individual needs within seven days and ensure the ombudsman contact information is included and sent to the Department on the same day the resident receives notice.