California Court of Appeal

Denial of petition for writ of mandate, challenging defendant's published drug criteria, which resulted in denial of plaintiff's physician's request for a presciption to address plaintiff's HIV-related wasting syndrome, is affirmed where state law exempts defendant's published drug criteria from the Administrative Procedure Act, where plaintiff has not demonstrated defendant failed to comply with the Medi-Cal Act's notice and comment provisions, and where defendant had no obligation to defer to a treating physician's determination of medical necessity.

Appellate Information

• Decided 11/07/2006
• Published 11/07/2006

Judges

• MALLANO, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Arnold & Porter, Brian K. Condon, Los Angeles;  Disability Rights Legal Center and Shawna L. Parks for Plaintiff and Appellant.


• For Appellees:
  
• Bill Lockyer, California Attorney General, Thomas R. Yanger, Senior Assistant Attorney General, Julie Weng-Gutierrez, Supervising Deputy Attorney General, and Margarita Altamirano, Deputy Attorney General, for Defendants and Respondents.