{"data":{"id":"us-ca/wic-14105.405","jurisdiction":"us-ca","citation":"WIC § 14105.405","heading":"","body":"(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.\n(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.\n(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.\n(2) The director shall be the sole respondent in these proceedings.\n(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.","path":["Welfare and Institutions Code - WIC","DIVISION 9. PUBLIC SOCIAL SERVICES [10000. - 18999.98.]","PART 3. AID AND MEDICAL ASSISTANCE [11000. - 15771.]","CHAPTER 7. Basic Health Care [14000. - 14199.97.]","ARTICLE 3. Administration [14100. - 14124.16.]"],"source_url":"https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zip","current_through":"2026-09-13","vintage":"","retrieved_at":"2026-09-14T05:56:33Z","sha256":"b429176725620f4ac66a4b27e357cc4fa4b0d1a40b59bea179630983d53dab20","source_id":"us-ca","stale":false,"prev":"us-ca/wic-14105.4","next":"us-ca/wic-14105.406"},"notice":"GroundRules: Original legal text. Not legal advice."}