(a)

(1) A person is not entitled to a hearing pursuant to this

chapter unless he or she files his or her request for the same within days after the order or action complained of.

(2) Notwithstanding paragraph (1), a person shall be entitled to a hearing pursuant to this

chapter if he or she files the request more than days after the order or action complained of and there is good cause for filing the request beyond the 90-day period. The director may determine whether good cause exists. The department shall not grant a request for a hearing for good cause if the request is filed more than days after the order or action complained of. (b)

(1) Notwithstanding subdivision (a), a person who is enrolled in a Medi-Cal managed care plan and who has received an adverse benefit determination from the Medi-Cal managed care plan shall, to the extent required by federal law or regulation, appeal the adverse benefit determination to the Medi-Cal managed care plan before requesting a state fair hearing pursuant to this chapter. After appealing to the Medi-Cal managed care plan, the enrollee may request a hearing pursuant to this

chapter involving a Medi-Cal managed care plan within calendar days after either of the following: (

A) The enrollee receives notice from the Medi-Cal managed care plan that the adverse benefit determination is upheld. (

B) The enrollee’s appeal is deemed exhausted because the Medi-Cal managed care plan failed to comply with state or federal requirements for notice and timeliness related to the disputed action or the appeal, including when a Medi-Cal managed care plan fails to respond to an appeal within days as required pursuant to subdivision (

b) of

Section 14197.3.

(2) Notwithstanding paragraph (1), a person shall be entitled to a hearing pursuant to this

chapter if he or she files the request more than calendar days after receiving notice from the Medi-Cal managed care plan that the adverse benefit determination is upheld and there is good cause for filing the request beyond the 120-calendar day period. The director may determine whether good cause exists. The department shall not grant a request for a hearing for good cause if the request is filed more than days after receipt of the notice from the Medi-Cal managed care plan that the adverse benefit determination is upheld. (

c) For purposes of this section, “good cause” means a substantial and compelling reason beyond the party’s control, considering the length of the delay, the diligence of the party making the request, and the potential prejudice to the other party. The inability of a person to understand an adequate and language-compliant notice, in and of itself, shall not constitute good cause. (

d) This

section shall not preclude the application of the principles of equity jurisdiction as otherwise provided by law. (

e) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with

Section 11340) of Part of Division of Title of the Government Code), the department, until January 1, 2019, may implement this

section through an all-county information letter or similar instruction. The department may also provide further instructions through training notes. (

f) Notwithstanding subdivision (e), the department, by January 1, 2019, shall implement the amendments made to this

section by the act that added this subdivision by adopting any necessary rules and regulations in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with

Section 11340) of Part of Division of Title of the Government Code).