Nursing facility rescinds discharge notice after hearing officer finds required discharge plan was not filed

A nursing facility rescinded a notice to discharge resident Beverly Collins after a hearing officer determined the facility had not provided the required discharge plan to both the resident and the Department of Public Health, as required by statute 19A535A.

The hearing on May 26, 2026, in the matter of Annie Collins v. Seabberry, docket number 260520, began with the officer swearing in Beverly Collins and facility representatives. Jacob Bumpastor identified himself as the facility’s vice president of health services and Erica Bresson was recorded as the director of nursing.

The hearing officer told the facility that under the statute the facility must provide "a copy of a discharge plan to both the resident and the Department of Public Health," and warned that if that was not done "the decision will come out in favor of the resident." The officer cited the controlling statute as 19A535A and gave the facility two options: proceed with the hearing, which would likely result in a ruling for the resident due to the paperwork lapse, or rescind the notice on the record and reissue a notice and discharge plan that comply with the statute.

Facility representatives said a discharge summary had been partially completed but not finalized because the planned discharge location was not yet determined. They told the hearing the ombudsman receives submissions automatically when the form is filed. One facility representative said they would "go back to the drawing board" and refile the discharge documentation.

The facility confirmed on the record that it would rescind the notice of discharge. The hearing officer said the parties would receive written notice of today’s outcome and encouraged the parties to communicate directly to avoid another public hearing. The officer also instructed that, if the records were to be relied on, copies of therapy or nursing progress notes and the discharge summary should be submitted to the officer’s office under seal.

No formal vote or adjudicatory ruling was taken at the hearing; rather, the facility chose to rescind the notice and agreed to reissue a compliant discharge notice and plan. The hearing was then adjourned.

Next steps identified at the hearing include the facility reissuing a 30-day notice and completing the discharge summary (including the discharge location when known), delivering the discharge summary and any referenced progress notes to the hearing officer’s office under seal, and following up with the long-term care ombudsman as appropriate.