Hearing on Eric Swanson's notice to leave focuses on alleged nonpayment; officer keeps record open for documents

A Department of Public Health hearing officer heard testimony Dec. 11, 2024, in the matter of Eric Swanson v. Highchase LLC over a notice to leave the facility issued Dec. 2, 2024. The facility presented evidence alleging nonpayment of monthly charges; Swanson disputed the basis for the notice and described recent serious illness and staff conduct. The officer ordered the facility to file the signed resident agreement and invoices by close of business and held the record open pending those filings.

The hearing began with the officer entering four exhibits into the record: the Dec. 2 notice to leave, Swanson's appeal (filed Dec. 6, received Dec. 10), a notice of the Dec. 11 hearing, and a Dec. 2 discharge plan filed under seal because it contains medical information. The officer swore the participants before testimony began.

Dr. Cody Bogle, identified in the record as the owner and administrator of Highchase LLC Wellington, told the officer that Swanson paid when he first moved in but has not paid the applied income portion of his monthly charge for about four months. "We haven't been receiving" the applied income, the facility representative said, and added that unpaid pharmacy co-pay obligations have reached roughly $90. The facility said staff repeatedly reminded Swanson to pay and that the home's finances have been strained after a recent fire.

The hearing officer limited the proceeding to the question of whether the notice to leave was supported by nonpayment and asked the facility to produce a copy of any signed written agreement that specifies the monthly amount due. The officer ordered the facility to file that agreement by the close of business today and separately ordered invoices and any billing records be filed by the same deadline.

Swanson disputed the grounds for the notice and described having "the worst year of my life medically," citing kidney problems, an enlarged pancreas and a delayed Lyme disease diagnosis. He also alleged staff had shared information about him and described a confrontation with a man he said was the facility's son-in-law, saying the man "barged in" and that he called police. Swanson said he had promised payments several times but had been unable to pay and said he plans to leave the facility soon.

The facility responded that Swanson had agreed repeatedly to pay but had not followed through and that nonpayment was putting stress on the home's operations and other residents. The officer warned participants not to introduce medical or behavioral claims unless they were directly relevant to the nonpayment question and declined to hear collateral complaints that were outside the narrow scope of the notice to leave.

After hearing both sides, the officer said they had heard the testimony needed on the issue of nonpayment but would keep the record open until the ordered documents were filed. "I'm going to hold the record open in this matter until you file the documents I ordered you to file by the close of business today. At that time, I will close the hearing and issue a decision," the officer said. The hearing was adjourned pending those filings.

The officer's formal order to file the resident agreement and billing records by close of business was the only procedural directive announced at the hearing; no decision on the notice to leave was issued at the session. The record will be closed and a decision issued after the department receives and reviews the documents the officer ordered.