AIDS Healthcare Foundation is suing Florida’s Department of Health over rule changes that could limit HIV medication access for an estimated 10,000 people across the state. The lawsuit, filed Tuesday with Florida’s Division of Administrative Hearings, seeks an expedited ruling. AHF argues the state illegally changed income eligibility rules for the AIDS Drug Assistance Program without following required rulemaking procedures. Earlier this month, ADAP recipients received letters announcing new eligibility limits.
Previously, the program covered individuals earning up to 400% of the federal poverty level, or about $62,600 a year. Starting in March, eligibility will drop sharply to 130% of the federal poverty level. AHF, which provides care to more than 21,000 Floridians — including 17,543 people living with HIV — says the changes were implemented unlawfully. According to Tom Myers, AHF’s Chief of Public Affairs and General Counsel, “Rulemaking is not a matter of agency discretion.
Each statement an agency like the Department of Health issues that meets the statutory definition of a rule must be adopted through legally mandated rulemaking procedures. Florida has simply not done so here.” Florida ranked third nationwide for new HIV infections in 2022, accounting for 11% of U.S. diagnoses. Senate President Ben Albritton says he’s taking the issue seriously and exploring solutions.
