health care

ceo-of-“health-care-terrorists”-sues-senators-after-contempt-of-congress-charges

CEO of “health care terrorists” sues senators after contempt of Congress charges

“not the way this works” —

Suing an entire Senate panel seen as a “Hail Mary play” unlikely to succeed.

The empty chair of Steward Health Care System Chief Executive Officer, Dr. Ralph de la Torre who did not show up during the US Senate Committee on Health, Education, Labor, & Pensions Examining the Bankruptcy of Steward Health Care: How Management Decisions Have Impacted Patient Care.

Enlarge / The empty chair of Steward Health Care System Chief Executive Officer, Dr. Ralph de la Torre who did not show up during the US Senate Committee on Health, Education, Labor, & Pensions Examining the Bankruptcy of Steward Health Care: How Management Decisions Have Impacted Patient Care.

The infamous CEO of a failed hospital system is suing an entire Senate committee after being held in contempt of Congress, with civil and criminal charges unanimously approved by the full Senate last week.

In a federal lawsuit filed Monday, Steward CEO Ralph de la Torre claimed the senators “bulldozed over [his] constitutional rights” as they tried to “pillory and crucify him as a loathsome criminal” in a “televised circus.”

The Senate committee—the Committee on Health, Education, Labor, and Pensions (HELP), led by Bernie Sanders (I-Vt.)—issued a rare subpoena to de la Torre in July, compelling him to testify before the lawmakers. They sought to question the CEO on the deterioration of his hospital system, which previously included more than 30 hospitals across eight states. Steward filed for bankruptcy in May.

Imperiled patients

The committee alleges that de la Torre and Steward executives reaped millions in personal profits by hollowing out the health care facilities, even selling the land out from under them. The mismanagement left them so financially burdened that one doctor in a Steward-owned hospital in Louisiana said they were forced to perform “third-world medicine.” A lawmaker in that state who investigated the conditions at the hospital described Steward executives as “health care terrorists.”

Further, the financial strain on the hospitals is alleged to have led to the preventable deaths of 15 patients and put more than 2,000 other patients in “immediate peril.” As hospitals cut services, closed wards, or shuttered entirely, hundreds of health care workers were laid off, and communities were left without access to care. Nurses who remained in faltering facilities testified of harrowing conditions, including running out of basic supplies like beds. In one Massachusetts hospital, nurses were forced to place the remains of newborns in cardboard shipping boxes because Steward failed to pay a vendor for bereavement boxes.

Meanwhile, records indicate de la Torre and his companies were paid at least $250 million in recent years and he bought a 190-foot yacht for $40 million. Steward also owned two private jets collectively worth $95 million.

While de la Torre initially agreed to testify before the committee at the September 12 hearing, the wealthy CEO backed out the week beforehand. He claimed that a federal court order linked to the bankruptcy case prevented him from speaking on the matter; additionally, he invoked his Fifth Amendment right to avoid self-incrimination.

The HELP committee rejected de la Torre’s arguments, saying there were still relevant topics he could safely discuss without violating the order and that his Fifth Amendment rights did not permit him to refuse to appear before Congress when summoned by a subpoena. Still, the CEO was a no-show, and the Senate moved forward with the contempt charges.

“Not the way this works”

In the lawsuit filed today, de la Torre argues that the senators are attempting to punish him for invoking his Constitutional rights and that the hearing “was simply a device for the Committee to attack [him] and try to publicly humiliate and condemn him.”

The suit describes de la Torre as having a “distinguished career, bedecked by numerous accomplishments,” while accusing the senators of painting him as “a villain and scapegoat[ing] him for the company’s problems, even those caused by systemic deficiencies in Massachusetts’ health care system.” If he had appeared at the Congressional hearing, he would not have been able to defend himself from the personal attacks without being forced to abandon his Constitutional rights, the suit argues.

“Indeed, the Committee made it abundantly clear that they would put Dr. de la Torre’s invocation [of the Fifth Amendment] itself at the heart of their televised circus and paint him as guilty for the sin of remaining silent in the face of these assaults on his character and integrity,” the suit reads.

De la Torre seeks to have the federal court quash the Senate committee’s subpoena, enjoin both contempt charges, and declare that the Senate committee violated his Fifth Amendment rights.

Outside lawyers are skeptical that will occur. The lawsuit is a “Hail Mary play,” according to Stan M. Brand, an attorney who represented former Trump White House official Peter Navarro in a contempt of Congress case. De la Torre’s case “has very little chance of succeeding—I would say no chance of succeeding,” Brand told the Boston Globe.

“Every time that someone has tried to sue the House or Senate directly to challenge a congressional subpoena, the courts have said, ‘That that’s not the way this works,’” Brand said.

CEO of “health care terrorists” sues senators after contempt of Congress charges Read More »

ceo-of-failing-hospital-chain-got-$250m-amid-patient-deaths,-layoffs,-bankruptcy

CEO of failing hospital chain got $250M amid patient deaths, layoffs, bankruptcy

“Outrageous corporate greed” —

Steward Health Care System, run by CEO Ralph de la Torre, filed for bankruptcy in May.

 Hospital staff and community members held a protest in front of Carney Hospital  in Boston on August 5 as Steward has announced it will close the hospital.

Enlarge / Hospital staff and community members held a protest in front of Carney Hospital in Boston on August 5 as Steward has announced it will close the hospital. “Ralph” refers to Steward’s CEO, Ralph de la Torre, who owns a yacht.

As the more than 30 hospitals in the Steward Health Care System scrounged for cash to cover supplies, shuttered pediatric and neonatal units, closed maternity wards, laid off hundreds of health care workers, and put patients in danger, the system paid out at least $250 million to its CEO and his companies, according to a report by The Wall Street Journal.

The newly revealed financial details bring yet more scrutiny to Steward CEO Ralph de la Torre, a Harvard University-trained cardiac surgeon who, in 2020, took over majority ownership of Steward from the private equity firm Cerberus. De la Torre and his companies were reportedly paid at least $250 million since that takeover. In May, Steward, which has hospitals in eight states, filed for Chapter 11 bankruptcy.

Critics—including members of the Senate Committee on Health, Education, Labor, and Pensions (HELP)—allege that de la Torre and stripped the system’s hospitals of assets, siphoned payments from them, and loaded them with debt, all while reaping huge payouts that made him obscenely wealthy.

Alleged greed

For instance, de la Torre sold the land under the system’s hospitals to a large hospital landlord, Medical Properties Trust, leaving Steward hospitals on the hook for large rent payments. Under de la Torre’s leadership, Steward also paid a management consulting firm $30 million a year to “provide executive oversight and overall strategic directive.” But, de la Torre was the majority owner of the consulting firm, which also employed other Steward executives. As the WSJ put it, Steward “effectively paid its CEO’s firm, which employed Steward executives, for executive- management services for Steward.”

In 2021, while the COVID-19 pandemic strained hospitals, Steward distributed $111 million to shareholders. With de la Torre owning 73 percent of the company at the time, his share would have been around $81 million, the WSJ reported. That year, de la Torre bought a 190-foot yacht for $40 million. He also owns a $15 million custom-made luxury fishing boat called Jaruco. The Senate Help Committee, meanwhile, notes that a Steward affiliate owned two jets, one valued at $62 million and a second “backup” jet valued at $33 million.

In 2022, de la Torre got married in an elaborate wedding on Italy’s Amalfi Coast and bought a 500-acre Texas ranch for at least $7.2 million. His new wife, Nicole Acosta, 29, is a competitive equestrian who trains at a facility near the ranch. She competes on a horse that was sold in 2014 for $3.5 million, though it’s unclear how much the couple paid for it. Besides the ranch, de la Torre, 58, owns an 11,108-square-foot mansion in Dallas valued at $7.2 million, the WSJ reported.

While de la Torre was living a lavish lifestyle, Steward hospitals faced dire situations—as they had been for years. An investigation by the Senate HELP committee noted that Steward had shut down several hospitals in Massachusetts, Ohio, Arizona, and Texas between 2014 and this year, laying off thousands of health care workers and leaving communities in the lurch. It closed several pediatric wards in Massachusetts and Texas; in Florida, it closed neonatal units and eliminated maternity services. In Louisiana, Steward patients faced “immediate jeopardy.”

“Third-world medicine”

In a July hearing, Sen. Bill Cassidy (R-LA), ranking member of the HELP Committee, spoke of the conditions at Glenwood Regional Medical Center in West Monroe, Louisiana, which Steward allegedly mismanaged. “According to a report from the Centers for Medicare and Medicaid Services, a physician at Glenwood told a Louisiana state inspector that the hospital was performing ‘third-world medicine,'” Cassidy said.

Further, “one patient died while waiting for a transfer to another hospital because Glenwood did not have the resources to treat them,” the Senator said.  “Unfortunately, Glenwood is not unique,” he went on. “At a Steward-owned Massachusetts hospital, a woman died after giving birth when doctors realized mid-surgery that the supplies needed to treat her were previously repossessed due to Steward’s financial troubles.” The hospital reportedly owed the supplier $2.5 million in unpaid bills.

Additionally, the WSJ investigation dug up records that showed that a pest control company discovered 3,000 bats living in one of Steward’s Florida hospitals. In Arizona, a Phoenix-area hospital was without air conditioning during scorching temperatures, and its kitchen was closed for health-code violations. The state ordered it to shut down last week.

“Dr. de la Torre and his executive teams’ poor financial decisions and gross mismanagement of its hospitals is shocking,” Cassidy said. “Patients’ lives are at risk. The American people deserve answers.”

Outrage

Senate HELP Committee chair Bernie Sanders (I-VT) went further, saying that the US health care system “is designed not to make patients well, but to make health care executives and stockholders extraordinarily wealthy. … Perhaps more than anyone else in America, Ralph de la Torre, the CEO of Steward Health Care, epitomizes the type of outrageous corporate greed that is permeating throughout our for-profit health care system.”

Sanders lamented how de la Torre’s payouts could have instead benefited patients and communities, asking: “How many of Steward’s hospitals could have been prevented from closing down, how many lives could have been saved, how many health care workers would still have their jobs if Dr. de la Torre spent $150 million on high-quality health care instead of a yacht, two private jets and a luxury fishing boat?”

On July 25, the committee voted 16–4 to subpoena de la Torre so they could ask him such questions in person. To date, de la Torre has refused to voluntarily appear before the committee and declined to comment on the WSJ report. The committee’s vote marks the first time since 1981 that it has issued a subpoena.

Separately, Steward and de la Torre are under investigation by the Department of Justice over allegations of fraud and corruption in a deal to run hospitals in Malta.

CEO of failing hospital chain got $250M amid patient deaths, layoffs, bankruptcy Read More »

the-urban-rural-death-divide-is-getting-alarmingly-wider-for-working-age-americans

The urban-rural death divide is getting alarmingly wider for working-age Americans

Growing divide —

The cause is unclear, but poverty and worsening health care access are likely factors.

Dental students, working as volunteers, attend to patients at a Remote Area Medical (RAM) mobile dental and medical clinic on October 7, 2023 in Grundy, Virginia. More than a thousand people were expected to seek free dental, medical and vision care at the two-day event in the rural and financially struggling area of western Virginia.

Enlarge / Dental students, working as volunteers, attend to patients at a Remote Area Medical (RAM) mobile dental and medical clinic on October 7, 2023 in Grundy, Virginia. More than a thousand people were expected to seek free dental, medical and vision care at the two-day event in the rural and financially struggling area of western Virginia.

In the 1960s and 1970s, people who lived in rural America fared a little better than their urban counterparts. The rate of deaths from all causes was a tad lower outside of metropolitan areas. In the 1980s, though, things evened out, and in the early 1990s, a gap emerged, with rural areas seeing higher death rates—and the gap has been growing ever since. By 1999, the gap was 6 percent. In 2019, just before the pandemic struck, the gap was over 20 percent.

While this news might not be surprising to anyone following mortality trends, a recent analysis by the Department of Agriculture’s Economic Research Service drilled down further, finding a yet more alarming chasm in the urban-rural divide. The report focused in on a key indicator of population health: mortality among prime working-age adults (people ages 25 to 54) and only their natural-cause mortality (NCM) rates—deaths among 100,000 residents from chronic and acute diseases—clearing away external causes of death, including suicides, drug overdoses, violence, and accidents. On this metric, rural areas saw dramatically worsening trends compared with urban populations.

Change in age-adjusted, prime working-age, external- and natural-cause mortality rates for metro and nonmetro areas, 1999–2001 to 2017–2019.

Enlarge / Change in age-adjusted, prime working-age, external- and natural-cause mortality rates for metro and nonmetro areas, 1999–2001 to 2017–2019.

The federal researchers compared NCM rates of prime working-age adults in two three-year periods: 1999 to 2001, and 2017 to 2019. In 1999, the NCM rate in 25- to 54-year-olds in rural areas was 6 percent higher than the NCM rate of this age group in urban areas. In 2019, the gap had grown to a whopping 43 percent. In fact, prime working-age adults in rural areas was the only age group in the US that saw an increased NCM rate in this time period. In urban areas, working-age adults’ NCM rate declined.

Broken down further, the researchers found that non-Hispanic White people in rural areas had the largest NCM rate increases when compared to their urban counterparts. Among just rural residents, American Indian and Alaska Native (AIAN) and non-Hispanic White people registered the largest increases between the two time periods. In both groups, women had the largest increases. Regionally, rural residents in the South had the highest NCM rate, with the rural residents in the Northeast maintaining the lowest rate. But again, across all regions, women saw larger increases than men.

  • Age-adjusted prime working-age natural-cause mortality rates, metro and nonmetro areas, 1999–2019.

  • Change in natural-cause, crude mortality rates by 5-year age cohorts for metro and nonmetro areas, 1999–2001 to 2017–2019.

Among all rural working-age residents, the leading natural causes of death were cancer and heart disease—which was true among urban residents as well. But, in rural residents, these conditions had significantly higher mortality rates than what was seen in urban residents. In 2019, women in rural areas had a mortality rate from heart disease that was 69 percent higher than their urban counterparts, for example. Otherwise, lung disease- and hepatitis-related mortality saw the largest increases in prevalence in rural residents compared with urban peers. Breaking causes down by gender, rural working-age women saw a 313 percent increase in mortality from pregnancy-related conditions between the study’s two time periods, the largest increase of the mortality causes. For rural working-age men, the largest increase was seen from hypertension-related deaths, with a 132 percent increase between the two time periods.

Nonmetro age-adjusted, prime working-age mortality rates by sex for 15 leading natural causes of death, 1999–2001 and 2017–2019, as percent above or below corresponding metro rates.

Enlarge / Nonmetro age-adjusted, prime working-age mortality rates by sex for 15 leading natural causes of death, 1999–2001 and 2017–2019, as percent above or below corresponding metro rates.

The study, which drew from CDC death certificate and epidemiological data, did not explore the reasons for the increases. But, there are a number of plausible factors, the authors note. Rural areas have higher rates of poverty, which contributes to poor health outcomes and higher probabilities of death from chronic diseases. Rural areas also have differences in health behaviors compared with urban areas, including higher incidences of smoking and obesity. Further, rural areas have less access to health care and fewer health care resources. Both rural hospital closures and physician shortages in rural areas have been of growing concern among health experts, the researchers note. Last, some of the states with higher rural mortality rates, particularly those in the South, have failed to implement Medicaid expansions under the 2010 Affordable Care Act, which could help improve health care access and, thus, mortality rates among rural residents.

The urban-rural death divide is getting alarmingly wider for working-age Americans Read More »