Frankel

Petitioner appeals from a judgment denying his petition for a writ of mandamus ordering Kenneth Kizer, the Director (Director) of the Department of Health Services (Department) of the State of California to return the $173,014 paid by petitioner pursuant to an illegal sampling and extrapolation audit methodology utilized by the Department under the MediCal program. As appellant did not file his writ petition within the applicable statute of limitations, we affirm.

Factual and Procedural Synopsis

I. Administrative Proceedings

Appellant is a physician who was a Medi-Cal provider. Appellant was a dermatologist who was the director of a large group specializing in hair transplantation, cosmetic surgery and dermatology. During the relevant time period, he employed 10 to 12 dermatologists and 10 to 12 cosmetic surgeons and operated 3 facilities.

The Department regularly audits claims submitted by providers. Providers are entitled to a formal administrative hearing on any disputed overpayment assessment.

From June 30 to July 8, 1980, the Department conducted an on-site review of appellant’s Medi-Cal practice by examining the records of his facilities in Los…