I concur in the majority opinion because under the express provisions of Welfare and Institutions Code sections 14043.28, subdivision (a)(1) and 14043.26, subdivision (d)(4)(A), Lieblein must wait three years before reapplying for provider status under the Medi-Cal laws. That being the case there is no need for the majority opinion to refer to the provisions of section 14043.65, subdivision (b), and to do so may wrongly suggest that it governs all cases of provider status. It does not.1
Under Welfare and Institutions Code section 14043.28, subdivision (a)(1), if an application package “is denied under Section 14043.26 ... the applicant or provider may not reapply for enrollment or continued enrollment in the Medi-Cal program ... for a period of three years . . . .” (Italics added.) This *727clearly applies to Lieblein as a provider because he comes within the provisions of section 14043.26, subdivision (d)(4)(A).
Welfare and Institutions Code section 14043.26 applies to applicants and providers who seek continuing enrollment, unless excepted by subdivision (a). It excepts certain climes, health facilities, adult day health care providers, home health agencies and hospices.2 (§ 14043.26, subd. (a)(l)-(6).) It appears clear that Lieblein is not excepted under these provisions, but is covered under subdivision (d)(4)(A), which applies to denials, as here, pursuant to section 14043.2.
Although the parties have not raised this issue, it appears the provisions of Welfare and Institutions Code section 14043.28, subdivision (a), which distinguish between appeals and nonappeals for the starting of the three-year period for reapplication, raise constitutional questions regarding the penalty for taking an appeal, since the period of taking an unsuccessful appeal would be added to the three-year period for reapplication.
A petition for a rehearing was denied March 27, 2006, and appellants’ petition for review by the Supreme Court was denied June 14, 2006, S142623.
Welfare and Institutions Code section 14043.26 refers to Welfare and Institutions Code section 14043.65 only in subdivision (i) with respect to the procedural provisions for appeal.
These entities are not subject to the three-year rule of Welfare and Institutions Code section 14043.28 and consequently should not be subject to the three-year rule of Welfare and Institutions Code section 14043.65, subdivision (b), as the majority opinion implies.