The embattled head of Steward Well being Care advised lawmakers he’s invoking his Fifth Modification proper towards self-incrimination and won’t adjust to a congressional subpoena.
In a letter despatched Wednesday to the Senate Well being Training Labor and Pensions Committee and shared first with The Hill, the lawyer for Steward CEO Ralph de la Torre stated final week’s congressional listening to “was seemingly designed as a vehicle to violate Dr. de la Torre’s constitutional rights,” so he’s invoking his Fifth Modification proper to refuse any further requests to testify.
The letter was despatched a day earlier than the Senate Well being, Training, Labor and Pensions (HELP) Committee is ready to vote on contempt of Congress costs after de la Torre defied a subpoena and didn’t attend final Thursday’s Senate listening to.
The committee will vote Thursday to undertake two resolutions: One for civil enforcement and one other that might refer the matter to the U.S. Legal professional for the District of Columbia to criminally prosecute de la Torre for failing to adjust to the subpoena.
If handed by the committee, each resolutions might be superior to the total Senate for a vote. Contempt of Congress is a misdemeanor, and it might result in fines or imprisonment.
Sens. Bernie Sanders (I-Vt.) and Invoice Cassidy (R-La.) — the chair and rating member, respectively, of the Senate HELP Committee — stated de la Torre must reply questions on how Steward managed its hospitals, in addition to how he was in a position to reap thousands and thousands of {dollars} even because the system was failing.
“We have been hopeful that Dr. de la Torre would adjust to our bipartisan subpoena and seem earlier than the committee, to testify to the hurt Steward has triggered to sufferers, well being care staff, and the communities through which they dwell,” Cassidy and Sanders stated in a joint assertion final week saying the vote. “Unfortunately, he failed to appear.”
The senators in a joint assertion late Wednesday stated the Fifth Modification “does not permit a witness to refuse to appear when summoned to testify before a congressional committee. ”
Witnesses should present as much as the listening to in response to the subpoena and assert their rights in response to particular questions, they stated, and the committee will transfer ahead with the contempt vote.
“Patients have suffered. They deserve answers,” Sanders and Cassidy stated.
In Wednesday’s letter, de la Torre’s lawyer stated his consumer was being arrange as “a criminal scapegoat for the systemic failures in Massachusetts’ health care system,” and that the aim of the listening to “was not to gather facts … but instead a pseudo-criminal proceeding with the goal of convicting Dr. de la Torre in a court of public opinion.”
The HELP committee in July issued a subpoena to compel de la Torre to testify concerning the failure of Steward Well being Care. The committee voted on a powerful bipartisan foundation, 16-4, to authorize the subpoena — the primary issued by the panel in a long time.
De la Torre final week advised the committee he wouldn’t take part within the listening to whereas Steward was nonetheless in the midst of chapter proceedings and requested for the listening to to be postponed.
Steward filed for chapter in Might and has been making an attempt to promote all 30 of its hospitals throughout eight states.
“If the Committee had any concern for the hospitals affected by Steward’s bankruptcy proceedings it would, consistent with Dr. de la Torre’s request to postpone the hearing for a more appropriate time, permit the bankruptcy resolution to move forward,” the letter acknowledged.
Up to date at 7:34 p.m. EDT
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