Justice Jack Battaglia
Petitioners Medicaid-enrolled transportation providers were served with notices of termination from the Department of Health (DOH). They alleged, among other things, violations of the Equal Protection Clauses claiming disparate treatment. The court noted the essence of most of petitioners’ alleged claims, including for breach of contract, constituted a challenge to DOH’s determination to terminate petitioners as transportation providers in the Medicaid program. It found this action was commenced more than four months after petitioners were notified of DOH’s decision, ruling DOH sufficiently demonstrated prima facie the proceeding was time-barred. Contrary to petitioners’ allegations, the court noted petitioners’ requests in their letters to review the petition did not alter the finality of DOH’s decision so as to toll the running of the statute of limitations. It dismissed the first through fourth causes of action as time-barred. Yet, the court stated petitioners’ claim DOH violated the equal protection clauses by singling them out for disparate treatment from other similarly situated Medicaid providers for no rational reason and due to national origin, was not governed by the four month statute. Hence, while the court declined dismissal of the claim, petitioners were not entitled to injunctive relief.
