BOSTON (AP) — Steward Health Care CEO Ralph de la Torre filed a lawsuit Monday against a U.S. Senate committee that accused him of contempt for failing to appear before the panel despite a subpoena.
The lawsuit, filed in federal court in Washington, named nearly all members of the Health, Education, Labor and Pensions Committee, including Senator Bernie Sanders, who chairs the committee that investigated Steward’s bankruptcy.
The lawsuit alleges that lawmakers are unlawfully violating de la Torre’s constitutional rights.
It alleges that by attempting to force de la Torre to answer questions about Steward’s bankruptcy, committee members are “collectively making a concerted effort to impeach Dr. . . to act as a witness against yourself.’”
De la Torre is asking the court to declare all actions related to enforcing the subpoena invalid and unconstitutional — including the committee’s Sept. 19 vote approving the criminal contempt resolution and its decision to refer the resolution to the full Senate a vote.
The Senate approved the resolution last week.
“In these circumstances, no one can be compelled to give evidence if they exercise this right. “The Constitution also does not allow Congress to punish and intimidate him or any other American for exercising these rights,” William “Bill” Burck, a lawyer for de la Torre, said in a statement.
Anna Bahr, Sanders’ communications director, dismissed the lawsuit.
“Democrats and Republicans on the HELP Committee came together and voted unanimously to approve Dr. de la Torre for contempt of Congress, as does the entire U.S. Senate,” she said in a statement. “This case is without merit.”
The lawsuit comes a day before de la Torre is set to step down as CEO of Steward.
De la Torre oversaw Steward’s network of about 30 hospitals across the country. The Texas-based company’s troubled recent history has drawn the attention of elected officials in New England, where some of its hospitals are located.
A spokesman for de la Torre said Saturday that he has “parted ways with Steward amicably and on amicable terms” and “will continue to be a tireless advocate for improving reimbursement rates for the disadvantaged patient population.”
Sanders said earlier this month that Congress was “Dr. “We will hold de la Torre accountable for his greed and the harm he has caused to hospitals and patients across America.”
Steward has closed pediatric wards in Massachusetts and Louisiana, closed neonatal units in Florida and Texas and eliminated maternity services at a hospital in Florida.
Democratic Sen. Edward Markey of Massachusetts said that Steward, under the leadership of de la Torre and his supporters, “looted hospitals across the country for profit and became rich through their greedy schemes” over the past decade.
Alexander Merton, an attorney for de la Torre, said the blame instead lay with “the systemic failures of Massachusetts’ health care system” and that the committee sought to portray de la Torre as a criminal scapegoat. Merton also said de la Torre would agree to testify at a later date.
On Friday, Massachusetts Gov. Maura Healey announced that her administration had officially seized a hospital through eminent domain to keep it open and hand it over to a recent owner. St. Elizabeth Medical Center in Boston was part of a group led by Steward. Operations will be transferred to Boston Medical Center.
Two other Massachusetts hospitals operated by Steward were forced to close after failing to find qualified buyers during the bankruptcy process.
