Thielking V. Kirschner

Plaintiff/appellant  Nora Thielking (Thielking) received medical care through Mercy Care Plan (Mercy), a health plan within the Arizona Health Care Cost Containment System (AHCCCS). See Ariz.Rev.Stat.Ann. ("A.R.S.") §§ 36-2901 to-2975 (1986 & Supp.1992). When Mercy denied Thielking coverage for orthognathic surgery, Thielking sought administrative review. On May 1, 1990, at the Conclusion of administrative proceedings, AHCCCS issued a final decision denying coverage. On that same date, AHCCCS mailed its decision by certified mail to Thielking's attorney, who received it on May 3. On June 7, 1990, Thielking filed a complaint in the superior court seeking review of the administrative decision, a trial de novo, injunctive relief, declaratory relief, and a writ of mandate. The defendants moved to dismiss, challenging the timeliness of the complaint and the propriety of joining an administrative review action with the remaining claims for relief. The trial court concluded that, because Thielking did not file a timely complaint, it lacked jurisdiction to review the administrative decision. The court further found that Thielking could not extend the time limit for an administrative appeal by filing claims  for special action and declaratory relief.