Christus says cancer clinic's staffing inadequate; both sides ready to mediate

By Rick Ruggles rruggles@sfnewmexican.com

Apr 26, 2022

Christus St. Vincent Regional Medical Center and its contracted cancer clinic have agreed to try mediation to resolve disputes that could affect cancer patient care in Santa Fe.

Bringing in a mediator hasn’t happened during months of conflict between Christus St. Vincent and New Mexico Cancer Care Associates. And though the agreement to meet provides a spark of hope between the two organizations, letters exchanged over the past couple of months reflect a high level of animosity.

The four letters obtained by The New Mexican, two from each institution, reveal accusations and counter-accusations by Christus St. Vincent and New Mexico Cancer Care Associates.

The cancer clinic also has sued one of its former oncologists, Dr. Andrea Teague, for allegedly breaking her relationship with the organization to work for Christus St. Vincent.

Dr. Scott Herbert, an oncologist at the cancer clinic, said Monday he and his colleagues hadn’t planned to release their letters but decided to do so after Christus St. Vincent had released two others. He said he worried the public release of the letters could make mediation more difficult.

“Honestly, we’re excited about the mediation,” Herbert said. “Our goal was to go into mediation cleanly.”

Christus St. Vincent spokesman Arturo Delgado wrote in a text hospital officials were notified about the clinic’s willingness to mediate “and are working with them [clinic leaders] to determine the next steps for meeting soon.”

The hospital has contracted with the clinic for cancer care since 2011, but discussions for an extension or new contract went awry. The hospital has said it will terminate its contract with the clinic on May 27, seven months ahead of expectations.

The hospital announced early this year it would build its own $80 million cancer facility on its campus on St. Michael’s Drive and that Teague would be vice president of cancer care. The clinic, on Zia Road south of the hospital, claims the early termination of the contract will put the care of thousands of patients in limbo.

In Christus St. Vincent’s letter, an attorney for the hospital maintained New Mexico Cancer Care Associates breached its contract in several ways.

Among them, the letter says, the clinic:

• Failed to staff at the level required. The hospital’s attorney, John C. Anderson of Santa Fe, wrote the clinic, as of late March, had only four physicians and needed six. The letter said wait times, between referral and appointment, were unacceptable.

• Didn’t fulfill various administrative functions, such as attending certain meetings, holding educational sessions and relaying pharmaceutical information to the hospital.

• Engaged in discussions to join a multi-specialty medical group, Nexus Health, and tried to recruit Christus St. Vincent-employed doctors to Nexus.

In its letter of reply, the clinic said the contract has no minimum number of physicians. Herbert said Monday the clinic has four who are partners in the business plus two employed physicians, one who sees a full load of patients.

It also contended the allegations of not going to meetings or performing educational sessions are not valid.

And it said the clinic never prioritized another business venture over its obligations to the hospital and never failed to meet those obligations.

Further, “discussions about a potential future operating model do not amount to unlawful solicitation,” said the letter, written by attorney Donald W. Schroeder of a Boston firm.

The attorney’s letter says the hospital’s goal is “to besmirch and destroy NMCCA so as to eliminate it as a potential competitor to the Hospital after the natural expiration” of the contract.

Herbert said Monday that in the “preceding 11 years, we have never received a complaint or notice of breach from Christus, ever.”

Clinic leaders have sued Teague, who had been with the clinic before telling officials there in January she would leave their business to join Christus St. Vincent.

Herbert said Teague had been president of the cancer clinic until last fall, when she was removed and replaced by Dr. Kat Chan. Herbert said this created a level of animosity with Teague that he underestimated.

“It was meant to take extra work off her plate,” he said.

Teague knew the clinic intimately, including its finances and its concern and planning about what would happen to the clinic if it broke off from Christus St. Vincent at the end of 2022, Herbert said.

“Christus is prevented from hiring our providers and staff, according to the contract,” Herbert said Monday. He said Teague was told: “They’re not allowed to hire you.”

Christus St. Vincent and Teague, however, argue any non-compete clause the clinic thought it had with the doctor was not enforceable under state law.

Teague couldn’t be reached through the hospital Monday afternoon, but the hospital provided her formal filing in response to the clinic’s lawsuit.

The day Teague announced she would join the hospital, Herbert called another doctor and swore repeatedly, saying Teague was “done in Santa Fe,” according to Teague’s response to the lawsuit.

“I’ll regret that phone call for the rest of my life, but it was made to a private person who I thought was my friend,” Herbert said Monday. “I felt betrayed” by Teague, he added.

Teague’s response to the clinic’s lawsuit says the clinic suddenly froze her appointments with patients in retaliation, though she had a 120-day departure period that would have enabled her to practice there until about May 6.

The clinic asked her to take a paid leave while it worked through the situation with Christus St. Vincent, Herbert said, but she declined. He said she quit the clinic and now is practicing on the second floor of the NMCCA building but not as a member of the clinic.

“I think she’ll regret this decision for the rest of her life,” Herbert said. “Because our practice is a tremendous place to work.”