Section 120966 Of Chapter 6. Human Immunodeficiency Virus (hiv) Treatment From California Health And Safety Code >> Division 105. >> Part 4. >> Chapter 6.
120966
. (a) (1) The program established under this chapter shall
make available to any eligible person under this chapter any
antiviral drug that is approved by the federal Food and Drug
Administration for treatment of human immunodeficiency virus (HIV) or
acquired immune deficiency syndrome (AIDS), prescribed by the
beneficiary's medical care provider, and approved by the AIDS Drug
Assistance Program Medical Advisory Committee of the Office of AIDS
if determined by the State Department of Health Services that the new
antiviral drug would be used as an additional treatment option, and
anticipated client utilization represents no significant additional
cost to the program and does not require the removal of another
antiviral drug from the formulary.
(2) Any federal Food and Drug Administration-approved antiviral
drug that is determined by the State Department of Health Services to
represent a significant additional cost to the program shall be made
available if, after an analysis is conducted by the department, it
determines that the program has an adequate budget to fund the
addition of the new drug.
(3) The department shall use all reasonable means to ensure that
the determination required in paragraph (1) or the analysis required
by paragraph (2) are performed as promptly as possible.
(b) Notwithstanding any other provision of law, any antiviral drug
that is approved pursuant to paragraph (1) of subdivision (a) for
addition to the formulary of drugs program established by this
chapter shall be available to patients covered by the program
established by this chapter within 30 days of the Office of AIDS
being notified by the drug's manufacturer of the FDA approval.