[Senate Report 118-230]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 522

                                                       
                                                       
118th Congress }                                              {    Report
                                 SENATE
 2d Session    }                                              {  118-230

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  PROCEEDING AGAINST DR. RALPH DE LA TORRE FOR CONTEMPT OF THE SENATE

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               September 23, 2024.--Ordered to be printed

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   Mr. Sanders, from the Committee on Health, Education, Labor, and 
                   Pensions, submitted the following

                              R E P O R T

                       [To accompany S. Res. 837]

    The Committee on Health, Education, Labor, and Pensions 
reports favorably an original resolution (S. Res. 837) 
authorizing the President of the Senate to certify the report 
of the Senate regarding the refusal of Dr. Ralph de la Torre to 
appear and testify before the committee, and recommends that 
the resolution do pass.
    The Committee on Health, Education, Labor, and Pensions 
(Committee), as authorized by the U.S. Senate by Senate Rule 
XXVI(1), caused to be issued a subpoena ad testificandum to Dr. 
Ralph de la Torre. The said subpoena directed Dr. de la Torre 
to be and appear before the Committee Thursday, September 12, 
2024, at 10 a.m. at their committee room, room 562, Dirksen 
Senate Office Building, Washington, D.C., then and there to 
testify relative to the subject matters under consideration by 
said Committee.
    The said subpoena was issued July 25, 2024, in words and 
figures as follows:

    United States of America
    Congress of the United States
    To Dr. Ralph de la Torre, Chairman and Chief Executive 
Officer c/o Steward Health Care System,
    1900 N Pearl St Suite 2400, Dallas, TX 75201,
    Greeting:
    Pursuant to lawful authority, YOU ARE HEREBY COMMANDED to 
appear before the Committee on Health, Education, Labor, and 
Pensions of the Senate of the United States, on September 12, 
2024, at 10:00 o'clock a.m., at their committee room 562 
Dirksen Senate Office Building, then and there to testify what 
you may know relative to the subject matters under 
consideration by said committee.
    The bankruptcy of Steward Health Care.
    Hereof fail not, as you will answer your default under the 
pains and penalties in such cases made and provided.
    To Committee staff or the U.S. Marshals Service to serve 
and return.
    Given under my hand, by the order of the committee, this 
25th day of July, 2024.
                                           Bernard Sanders,
                                     Chairman, Committee on Health,
                                     Education, Labor, and Pensions

    After Dr. de la Torre declined the Committee's request to 
testify voluntarily at a hearing before the Committee, the 
Committee authorized the Chairman to issue the above subpoena 
to Dr. de la Torre. This subpoena was duly served on July 25, 
2024 by the Oversight Director for the Majority staff of the 
Committee, Greg Carter, via electronic mail to Dr. de la Torre, 
through his counsel. The email to Dr. de la Torre's counsel and 
the attached subpoena are annexed hereto as Appendix I and are 
expressly made a part of this report.
    On the same day, July 25, 2024, counsel for Dr. de la 
Torre, William Burck, acknowledged service of the subpoena by 
electronic mail. The proof of receipt from Mr. Burck is annexed 
hereto as Appendix II and is expressly made a part of this 
report.
    On September 4, 2024, counsel for Dr. de la Torre, 
Alexander J. Merton, submitted a letter by electronic mail to 
Chairman Bernard Sanders. In his letter, Mr. Merton stated that 
Dr. de la Torre would not testify as commanded by the subpoena. 
Mr. Merton cited Dr. de la Torre's constitutional rights and 
the on-going bankruptcy proceedings as reasons it would be 
inappropriate for Dr. de la Torre to appear before the 
Committee. The September 4, 2024 letter from Mr. Merton is 
annexed hereto as Appendix III and is expressly made a part of 
this report.
    On September 5, 2024, Chairman Sanders and Ranking Member 
Bill Cassidy overruled the objections raised by Dr. de la 
Torre's counsel and ordered Dr. de la Torre to appear at the 
hearing as commanded by the subpoena. The Chairman and the 
Ranking Member explained that the Fifth Amendment privilege 
against self-incrimination does not permit witnesses to refuse 
to appear when summoned to testify before a congressional 
committee. Rather, witnesses must appear and assert that 
constitutional privilege in declining to answer specific 
questions put to them. The Chairman and the Ranking Member also 
explained that the other objections Dr. de la Torre raised are 
not cognizable legal grounds for refusing to appear at the 
Committee's hearing and answer pertinent questions based on 
personal, first-hand knowledge. The September 5, 2024 letter to 
Mr. Merton is annexed hereto as Appendix IV and is expressly 
made a part of this report.
    Thereafter, Dr. de la Torre failed and refused to comply 
with the said subpoena and failed and refused to appear before 
the Committee at the designated time and place as a witness on 
Thursday, September 12, 2024, thereby depriving the Committee 
of his testimony on questions pertinent to its inquiry and 
subject matters under consideration.
    A record of the hearing on September 12, 2024, at which Dr. 
de la Torre failed and refused to appear, entitled ``Examining 
the Bankruptcy of Steward Health Care: How Management Decisions 
Have Impacted Patient Care,'' is annexed hereto as Appendix V 
and is expressly made a part of this report.
    The Committee considered the original resolution, S. Res. 
837, Authorizing the President of the Senate to certify the 
report of the Committee on Health, Education, Labor, and 
Pensions of the Senate regarding the refusal of Dr. Ralph de la 
Torre to appear and testify before the Committee, at a business 
meeting on September 19, 2024. With a majority of the Members 
of the Committee present, constituting a quorum under Committee 
Rules for the purpose of reporting a measure or matter, the 
Committee ordered the original resolution favorably reported by 
a roll call vote of 20 in favor and none opposed. Members 
voting in the affirmative were: Bernard Sanders (I-VT), Patty 
Murray (D-WA), Christopher Murphy (D-CT), Tim Kaine (D-VA), 
Maggie Hassan (D-NH), Tina Smith (D-MN), Ben Ray Lujan (D-NM), 
John Hickenlooper (D-CO), Edward J. Markey (D-MA), Bill Cassidy 
(R-LA), and Markwayne Mullin (R-OK). For the record only, 
Senators Robert P. Casey, Jr. (D-PA), Tammy Baldwin (D-WI), 
Susan Collins (R-ME), Lisa Murkowski (R-AK), Mike Braun (R-IN), 
Roger Marshall (R-KS), Mitt Romney (R-UT), Tommy Tuberville (R-
AL), and Ted Budd (R-NC) voted ``aye'' by proxy, and Senator 
Rand Paul (R-KY) did not vote by proxy. There were no votes 
cast in the negative.



                               APPENDIX I

      
    
    



                              APPENDIX II

      
    
    



                              APPENDIX III

      
    
    



                              APPENDIX IV

      
    
    



                               APPENDIX V