SAVIENT PHARMACEUTICALS, INC v. DEPARTMENT OF HEALTH SERVICES
Department of Health Services is statutorily authorized to contract with private entity to administer AIDS drug program, and operation of program by such entity does not violate state constitution's civil service provisions since such operation is not a traditional function of the state civil service. AIDS drug formulary -- developed, maintained, and updated by DHS pursuant to statute -- is a regulation subject to Administrative Procedures Act. Manufacturer of delisted AIDS drug was not deprived of fundamental right and thus had no due process right to a trial like hearing on the delisting.
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