TALLAHASSEE, Fla. (WCTV/Gray Florida Capital Bureau) – AIDS Healthcare Foundation filed a lawsuit Tuesday against Florida’s Department of Health over rule changes that will cut HIV medication access for an estimated 10,000 Floridians.
The legal petition, filed with Florida’s Division of Administrative Hearings, seeks an expedited hearing and ruling against the state health department. AHF asserts that the department illegally changed income eligibility rules for the state’s AIDS Drug Assistance Program without following mandatory rulemaking procedures.
Earlier this month, Florida’s Department of Health issued letters to ADAP recipients informing them of changes to program eligibility based on income level. The program previously served those making up to 400% of the federal poverty level, or $62,600 for an individual.
Starting in March, only people making up to 130% of the federal poverty level will be eligible.
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AHF, which cares for over 21,000 people in Florida, including 17,543 living with HIV, argues the state failed to follow proper legal procedures when implementing the changes.
“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,” said Tom Myers, Chief of Public Affairs and General Counsel for AHF.
Myers said the procedural requirements exist to ensure decisions are deliberate and minimize harm.
“Floridians living with HIV and the general public’s health is at stake here and jeopardized by these arbitrary and unlawful DOH rule changes,” Myers said.
Florida had the third-highest rate of new HIV infections in the nation in 2022, accounting for 11% of new HIV diagnoses in the U.S. that year, according to KFF, a nonprofit health policy research organization.
Senate President Ben Albritton told reporters last week he’s taking the issue seriously and looking for opportunities to help.
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