{"code":"WIC","codeName":"Welfare and Institutions Code","section":"14105.405","citation":"Welf. & Inst. Code, § 14105.405","status":"in-force","lawOn":"2026-09-28","headings":[{"name":"DIVISION 9. PUBLIC SOCIAL SERVICES [10000. - 18999.98.]","url":"https://blackletter.si/welfare-and-institutions-code/division-9"},{"name":"PART 3. AID AND MEDICAL ASSISTANCE [11000. - 15771.]","url":"https://blackletter.si/welfare-and-institutions-code/division-9/part-3"},{"name":"CHAPTER 7. Basic Health Care [14000. - 14199.97.]","url":"https://blackletter.si/welfare-and-institutions-code/division-9/part-3/chapter-7"},{"name":"ARTICLE 3. Administration [14100. - 14124.16.]","url":"https://blackletter.si/welfare-and-institutions-code/division-9/part-3/chapter-7/article-3"}],"history":"Amended by Stats. 2002, Ch. 1161, Sec. 66.   Effective September 30, 2002.","effective":"2002-09-30","html":"<p>(a) A Medi-Cal beneficiary, within 90 days of receipt of the director’s notice to beneficiaries pursuant to subdivision (i) of Section <a href=\"/wic/14105.33\">14105.33</a>, 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 <a href=\"/wic/10950\">10950</a>) of Part 2.</p><p>(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.</p><p>(c) (1) Any Medi-Cal beneficiary, within one year of the director’s decision pursuant to Section <a href=\"/wic/10959\">10959</a>, 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.</p><p>(2) The director shall be the sole respondent in these proceedings.</p><p>(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.</p>","text":"(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.","otherVersions":[],"url":"https://blackletter.si/welfare-and-institutions-code/administration-14105-405","source":"California Legislative Information bulk export (pubinfo)"}