Finally we have some more information about the EHIC scandal(http://europa.eu/rapid/press-release_MEMO-13-470_en.htm?locale=en). Apparently the problem was that the hospital billed the private health insurance of the patients. It is not clear if people without travel insurance (the real problem for me) were denied treatment.
I personally don't care if the hospital bills the private insurance or the UK. My problem is if they leave people without treatment.
So this is what I would do if this happened to me and my EHIC was rejected:
1) I would have researched my rights in the country, the simpler way is the EHIC app, where you also have the emergency phone numbers (If you have a smartphone download the app for iphone here or android here). if you don't have a smartphone, go to this page and print your rights in the country you are travelling to.
2) if I had an emergency I would go to the CARE Mijas or Benalmadena, they have less wait time.
2) if they are denying treatment and arguing that they need a private insurance or credit card, I would not, under any circumstances give out my credit card.
3) I would ask to speak with the manager of billing, and ask them to show me the written rules that allow them to deny me treatment. Of course, there is not such a thing!!
4) Ask to write a "carta de reclamación" (letter of complaint).
5) I would say that I am calling the delegación regional de Sanidad ( and actually call them 951 039 800), and the uk consulate (or the one that applies to you). All of the consulates have emergency numbers.
6) Explain that I'm also calling the press, and call the area newspapers.
7) I would also ask to speak with the chief of A&E and the medical director.
If your emergency is something life threatening, I would give out my credit card, but as soon as I'm stabilized I ( more realistically,a relative) would go to billing, speak to the manager there and get it sorted out.
This is just my advice, what I would do based of my experience working inside the system (public & concertado). Of course, I can't guarantee that it will work.
If anyone has had any experience that had worked I would be glad to hear it.
Finally, this are the hospitals that are covered by the EHIC
Carlos Haya, Clinico Universitario and Materno Infantil : Málaga
Hospital Costa del Sol, CARE Mijas and CARE Benalmadena (this one is very close to Xanit Hospital, that it's private, so be careful).
I hope this information will help anyone coming on vacation here.