Belshé

Westside Hospital v. Belshé

Good Law
1999 Cal. App. LEXIS 63·69 Cal. App. 4th 672·81 Cal. Rptr. 2d 768·99 Daily Journal DAR 981·99 Cal. Daily Op. Serv. 804
Court of Appeal of CaliforniaJanuary 28, 1999No. B112261California2,908 words

Opinion

Lead Opinion

Grignon, J.

*674 Opinion

Westside Hospital appeals from a judgment denying its petition for writ of administrative mandate in favor of S. Kimberly Belshé, Director, State of California, Department of Health Services in this Medi-Cal reimbursement case. We conclude Hospital did not file its petition within the statute of limitations period provided in Welfare and Institutions Code section 14171, subdivision (j), six months from the issuance of the Director’s final decision. 1 Therefore, we affirm.

Facts and Procedural Background

Hospital, a licensed inpatient acute care facility, is an institutional provider certified to participate in the Medi-Cal program. As a condition of participation in the Medi-Cal program, Hospital is required to file fiscal-year-end cost reports, setting forth costs incurred to provide services to Medi-Cal beneficiaries. The Department audited Hospital’s cost report for the fiscal year ending February 28, 1983, and computed Hospital’s “final settlement.”

On May 14, 1987, Hospital requested an administrative adjustment to the final settlement based on several issues. On December 21, 1988, the Department responded with a final settlement, which included adjustments…

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