Section 14105.405 - Request for hearing to dispute deletion or suspension of drug from list(a) A Medi-Cal beneficiary, within 90 days of receipt of the director's notice to beneficiaries pursuant to subdivision (i) of Section 14105.33, informing them of the decision to delete or suspend a drug from the list of contract drugs, may request a fair hearing pursuant to Chapter 7 (commencing with Section 10950) of Part 2.(b) Any beneficiary filing a fair hearing request regarding the deletion or suspension of a drug from the list of contract drugs shall be granted a treatment authorization request for that drug until a final decision is adopted by the director. Should the beneficiary seek judicial review of the director's decision, a treatment authorization request shall be granted for that drug until a final decision is issued by the court.(c)(1) Any Medi-Cal beneficiary, within one year of the director's decision pursuant to Section 10959, may file a petition with the superior court, under the provisions of Section 1094.5 of the Code of Civil Procedure, praying for a review of both the legal and factual basis for the director's decision.(2) The director shall be the sole respondent in these proceedings.(d) Any Medi-Cal beneficiary injured as a result of being denied a drug which is determined to be medically necessary may sue for injunctive or declaratory relief to review the director's decision to delete or suspend a drug from the list of contract drugs.Ca. Welf. and Inst. Code § 14105.405
Amended by Stats 2002 ch 1161 (AB 442),s 66, eff. 9/30/2002.Amended by Stats 2000 ch 93 (AB 2877), s 79, eff. 7/6/2000.Previously Amended & Effective 7/22/1999 (Bill Number: AB 1107) (Chapter 146).