ALBUQUERQUE — Robert Behounek was denied emergency medical care at Albuquerque ER & Hospital last fall after he stated he could not pay upfront. Behounek, who did not have health insurance at the time, experienced symptoms he believed indicated a heart attack when he sought treatment at the facility.

Upon arrival, a receptionist informed Behounek that his visit could cost upward of $1,600. Behounek stated, "I said, 'I don't have that. Can you just bill me afterward? I'm worried I'm having a heart attack.'" He reported that the receptionist responded, "She just said, 'There's nothing we can do for you. We can't see you here unless you pay the cost first.'" When Behounek questioned this by stating, "But you guys are an ER," he said the receptionist replied, "We're not that kind of ER."

For the past 40 years, federal law in the U.S. has prohibited emergency departments from turning away patients because they cannot pay. However, this federal law applies only to hospitals that have contracts with Medicare. Nutex Health, based in Houston, operates Albuquerque ER & Hospital and has chosen not to contract with Medicare at most of its hospitals.

As a result, Nutex Health is not bound by the federal law requiring emergency care regardless of a patient's ability to pay at most of its facilities. Nutex Health claims it voluntarily adheres to screening standards by assessing every patient to ensure they are not in immediate life-threatening danger before requesting payment. Some patients state they were never screened by Nutex Health facilities before being asked for payment.