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New Mexico attorney general launches probe of patient care at private equity-run hospital

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New Mexico attorney general launches probe of patient care at private equity-run hospital


New Mexico’s attorney general announced an investigation Tuesday into Memorial Medical Center, the Las Cruces hospital operated by Lifepoint Health, to determine whether the facility, highlighted in a recent NBC News report, violated state laws by turning away indigent and low-income patients seeking care.

The attorney general, Raúl Torrez, said his office is examining Memorial’s patient policies for compliance with a state law and the hospital’s performance under the New Mexico statute governing provision of care to needy patients.

At the news conference announcing the investigation Tuesday, Torrez said he had just met with patients, as well as providers at Memorial, to discuss their concerns. 

“It is apparent to me that the management of this facility has failed to place the well-being and safety and care of their patients in the proper place and in the proper priority,” he said. “It is apparent to me that decisions have been made from a standpoint that is seemingly motivated by profit, by maximizing the bottom line and without due respect and due regard to patients under their care.” He also warned hospital management not to retaliate against anyone speaking out about its practices.

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New Mexico Attorney General Raúl Torrez.Susan Montoya Bryan / AP file

An NBC News report last month described allegations that Memorial Medical Center turned away cancer patients under its operator, Lifepoint Health, which was acquired by Apollo Global Management, the New York-based private-equity firm. Physician records and interviews with 13 patients detailed denials of care by the hospital or demands of upfront payments to secure treatments.

Barbara Quarrell, a former nurse at Memorial, is one patient who said the hospital turned her down for care after she was diagnosed with cancer in 2022. She recounted her story at the attorney general’s announcement.

Quarrell told NBC News she is encouraged by the attorney general’s investigation. “It’s about time,” she said. “At Memorial, it’s all about the money; it’s no longer about the patients. Why are they even in health care if it’s not about patients?” 

Barbara Quarrel, a former nurse who worked for Memorial Medical Center for 30 years, at her home in Las Cruces, N.M.
Barbara Quarrell, a former nurse who worked for Memorial Medical Center for 30 years, at her home in Las Cruces, N.M.Paul Ratje for NBC News

In a statement, a spokeswoman for the hospital said, “Memorial Medical Center was surprised to learn of this investigation by Attorney General Torrez during his press conference today. We remain committed to expanding access to care and being a good community partner in Las Cruces and Doña Ana County and will be cooperating fully with this investigation.”

Before publication and broadcast of the report in June, Memorial told NBC News it does not deny care, but two of its top officials called to apologize to two patients who had told NBC News that they were turned away.

A spokeswoman for Apollo did not respond to an email seeking comment.

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Lifepoint Health, the operator of Memorial, oversees the country’s largest chain of mostly rural hospitals — 62 acute care facilities in 16 states. Lifepoint is a subject of two U.S. Senate inquiries, along with other health care companies owned by private equity, NBC News has reported. The investigations aim to assess the profits Apollo and other firms reaped in the deals and whether they harmed patients and clinicians. Apollo has said it is cooperating with the inquiries.

Although Lifepoint runs Memorial, the facility and the land it sits on are owned by the city of Las Cruces and Doña Ana County. Denying care to patients could violate the 40-year lease Memorial struck with the county and the city in 2004. The lease says the facility must generally continue providing care to “those unable to pay the full cost of healthcare services rendered to them.”

About 225,000 people live in Doña Ana County, the urban and rural region Memorial serves, and almost 15% have no health insurance, recent census figures show. About 23% of county residents live in poverty, compared with 11.5% nationwide.

One focus of the state investigation, Torrez said, is whether Memorial misrepresented its health care services for needy patients. The hospital’s most recent annual report to the community said: “Delivering care to all of our neighbors, regardless of their ability to pay, is foundational to our mission and our commitment to our community.”

Torrez is also investigating whether Memorial violated a New Mexico law governing financial assistance programs for patients. The Patients Debt Collection Protection Act requires hospitals to screen for financial assistance, he said, adding that “patients who are turned away without screening would constitute a violation of the law.” Some of the patients NBC News interviewed for the June report described being denied care without being screened to determine whether they could use financial assistance.

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Before 2004, Memorial operated as a community nonprofit hospital. Under Lifepoint, Memorial is a for-profit entity and highly profitable. It charged 6.7 times its costs for care in 2021, according to the most recent figures available from the Centers for Medicare and Medicaid Services, or CMS. The average charged among for-profit hospitals nationwide is less than five times their costs, according to Ge Bai, professor of health policy and management at the Johns Hopkins Bloomberg School of Public Health, who is based in Washington, D.C.

The CMS hospital comparison site confirms that Memorial’s Medicare costs per beneficiary are both higher than the national average and almost 20% higher than the state average.

Yolanda Diaz is a patient advocate at CARE Las Cruces, a nonprofit organization she founded that helps needy patients pay for health care and expenses. Diaz has been notifying county and city officials since 2021 that Memorial was turning away patients, a practice she said she found inhumane and unjust.

Yolanda Diaz, founder of CARE
Yolanda Diaz, founder of CARE, at her office in downtown Las Cruces, N.M., Paul Ratje for NBC News

“I was disappointed that no one in Las Cruces and Doña Ana County leadership stepped forward to take needed action, but I had hope,” Diaz said in an email. “I believe the New Mexico Department of Justice launching an official investigation is the absolute best action course and I hope for disclosures to the public, needed change and justice.”

Hospital documents produced under open records requests show that Memorial’s written indigent care policy for years directed it to provide care to patients who were unable to pay the full costs of their treatments and discussed discounts or cost-sharing arrangements for people who met income criteria. That changed last year, five years after Apollo, the private-equity giant co-founded by Leon Black, bought Lifepoint, the records show.

Private-equity firms like Apollo have taken over much of the health care industry in recent years. The firms typically load debt onto the companies they buy, then cut costs to increase earnings and appeal to potential buyers later. Almost one-quarter of New Mexico’s hospitals are controlled by private-equity firms, according to a study by the Private Equity Stakeholder Project, a nonprofit operation that analyzes the private-equity industry’s impact on consumers.

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The American Investment Council, the private-equity lobbying group, says the industry improves health care. But independent academic studies show private-equity firms’ involvement in the industry results in significant cost increases for patients and payers, such as Medicare. Lower quality of care has been associated with the firms’ investments in health care, research shows, including 10% higher mortality rates at nursing homes owned by private equity and more incidents of infections, blood clots and falls at hospitals.



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New Mexico

Flood watch goes into effect across parts of New Mexico Wednesday

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Flood watch goes into effect across parts of New Mexico Wednesday


Grant’s Tuesday Night Forecast

Storms capable of heavy rainfall are on the way Wednesday across New Mexico. Daily chances for showers and thunderstorms will continue into early next week.

Scattered storms developed Tuesday across western and northern New Mexico. Most showers and storms have ended tonight, but some spotty showers will stick around through the overnight. It’s also been a very hot day, with more high temperatures in the 90s and triple-digits across the state.

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Our weather becomes even more active starting Wednesday as more showers and thunderstorms will develop across the state in the afternoon. These storms will be capable of very heavy rainfall, especially over northern and central parts of New Mexico. Showers and storms will move clockwise around an area of high pressure that will be along the New Mexico/Arizona state line. There will be a very high threat of burn scar flash flooding for northern mountain burn scar areas. A Flood Watch is in effect for parts of New Mexico Wednesday, including the Albuquerque Metro.

This active weather pattern will continue into the end of this week, through the weekend, and into early next week. Every day, storms will develop early in the afternoon and drift off the mountains and into lower elevations. Storms will be capable of heavy rainfall and burn scar flash flooding.



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New Mexico

Trump's chief pollster says traditionally Democratic states such as New Jersey and New Mexico are “toss-ups” – Washington Examiner

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Trump's chief pollster says traditionally Democratic states such as New Jersey and New Mexico are “toss-ups” – Washington Examiner


Former President Donald Trump’s chief pollster, Tony Fabrizio, listed Minnesota, Virginia, New Jersey, and New Mexico as toss-ups and implied Maine is in play while speaking to the Florida GOP at the Republican National Convention.

None of those states have voted for a Republican since 2004, when both Virginia and New Mexico turned red before flipping back to blue in 2008. None of those states have been considered toss-ups by the Cook Political Report, though they’re considered more competitive, except for New Jersey.

“Those are states that we’re looking at,” he said at the Republican Party of Florida breakfast Tuesday. “And believe it or not, there’s another state up north called Maine.”

He said he thinks those states may be riper for competition if third-party candidates, most notably Robert F. Kennedy Jr., are allowed on their ballots, which could take votes away from the Democratic Party.

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Fabrizio credited Trump’s strength to voter enthusiasm about his candidacy and said he wrote down three words he uses to describe Biden to contrast him with Trump: “weak, failed, dishonest.”

Fabrizio also boasted that Trump is ahead despite the fact the campaign hasn’t done much TV ad spending. “Get ready,” he added. “They’re coming.”

CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER

At least one poll has shown Trump leading in every state Fabrizio mentioned except for New Mexico, though one had him within a point of President Joe Biden there. Kennedy has pushed some of the polling in those states in Trump’s direction as multicandidate polling has generally favored the Republican.

Trump is leading Biden 47.1% to 44.4% nationally, according to RealClearPolitics’s running polling average.

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KRQE Newsfeed: Sign confrontation, Homeless assault, Hot and stormier, New paramedic unit, BernCo mural

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KRQE Newsfeed: Sign confrontation, Homeless assault, Hot and stormier, New paramedic unit, BernCo mural


Tuesday’s Top Stories

Tuesday’s Five Facts

[1] VIDEO: Black SUV nearly hits group with anti-Trump signs in Nob Hill – New video shows the moment an Albuquerque driver rams into a man with an anti-Trump sign in Nob Hill. Police say two men were sitting in the bed of a truck holding an anti-Trump sign when a black car pulled up and began arguing with them. During that interaction one of the men in truck sprays mace. The black car drives away, then later comes back and can be seen driving into the truck. One of the men in the truck is seen pulling a gun and aiming it at the black car before the black vehicle drives away. APD says they are looking for the black vehicle.

[2] Ex-security guard accused of attacking homeless man, shooting dog – Martin Sandoval is accused of assaulting a homeless man and killing his dog. Sandoval was arrested on June 15 after police say he punched a homeless man near Coors and Old Airport, while falsely claiming to work as a security guard at a nearby business. According to a criminal complaint, Sandoval also shot and killed the man’s dog. Sandoval recently pleaded guilty to aggravated assault with a deadly weapon in a separate case after beating a homeless man with a baton last October. At the time, Sandoval was working as a security guard at a Walgreens. Sandoval is facing charges of violating probation, battery and extreme cruelty to animals.

[3] Rain likely after the heat-up – Monsoonal moisture inbound will start to dampen high temperatures ahead, but from many areas today around Albuquerque and to the southeast, it will still not only be hot, but most likely, still rain-free. The flash flooding risk will be generally higher today in the burn scars surrounding Santa Fe with an even more widespread chance later this week. Some large hail in the northeastern plains are more likely later on, in addition to frequent lightning and strong winds as a backdoor cold front starts to move through late today.

[4] AFR adding NE Heights paramedic unit – Albuquerque Fire Rescue is trying out a new paramedic unit that will respond to lower-risk emergency calls. Medic 9 is a paramedic unit that will be housed at Station 9, near Eubank and Menaul. The unit will respond to calls across the northeast heights. AFR says Medic 9 will cover calls related to substance abuse and mental health. The department will review the unit’s impact in August to determine if they will make it a permanent unit.

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[5] Mural production begins at Bernalillo County headquarters – A new mural “Windfall” is coming to Bernalillo County’s Alvarado Square. Created by the artist Ivan Toth Depeña, the mural depicts Albuquerque skies, the Rio Grande, Bosque and Sandia mountains. The project has a $200,000 budget and is funded through the county’s art in public places ordinance. The mural is about 30% complete and is scheduled to finished by the end of July.



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