By Staff Report
The Florida Department of Health issued emergency rules Wednesday that will block thousands of Floridians from accessing HIV medication.
Beginning Sunday, the state will reduce subsidies for the AIDS Drug Assistance Program, limiting eligibility to people at or below 130% of the federal poverty level. Previously, the cutoff was 400%.
The emergency rules also limit insurance coverage of Biktarvy, a once-daily pill used by about 60% of the 30,000 Floridians enrolled in ADAP.
Federal guidelines set 400% of the poverty level at $62,600 annually and 130% at $20,345. HIV advocates estimate roughly 16,000 Floridians will be affected by the changes.
The rules were issued a day before a planned hearing between the Department of Health and the AIDS Healthcare Foundation, which filed a lawsuit in January alleging the department illegally changed eligibility requirements.
“The Department spent two months cutting people off without following the law. When we took them to court, they filed an emergency rule at midnight to dodge accountability,” said Esteban Wood, the foundation’s director of advocacy and legislative affairs.
In January, Florida Surgeon General Joseph Ladapo said the reduction in coverage stemmed from a $120 million shortfall in federal funding. HIV advocates dispute that explanation.
Emergency rules remain in effect for 90 days and may be renewed.
Both the Florida House and Senate have included funding in their proposed budgets to address the shortfall. However, advocates say the timeline could leave patients without coverage for months.
“The only emergency here is the one that the Department of Health is creating through their own actions,” Senate Democratic Leader Lori Berman said at a Capitol press conference Wednesday. “The actions of Surgeon General Ladapo and the Department of Health are shameful.”
