The Florida Department of Health (DOH) is reportedly hitting the brakes on a plan to slash assistance for HIV/AIDS patients, after advocates filed an official complaint against the department.
In early January, DOH officials announced plans to dramatically scale back eligibility for the Florida AIDS Drug Assistance Program (ADAP), which covers the costs of HIV/AIDS treatment for low-income families. The department said that as of March 1, ADAP’s income ceiling would be cut from 400% of the federal poverty level to just 130%, which could result in 16,000 Floridians losing access to lifesaving treatment, according to an analysis by the National Alliance of State and Territorial AIDS Directors.
In response, the AIDS Healthcare Foundation (AHF) filed a complaint last week with the state Division of Administrative Hearings. The complaint alleges that the DOH did not follow rulemaking procedures required by state law when adopting the new criteria. The nonprofit organization also filed a second suit on Monday, seeking public records related to an “undocumented $120 million budget shortfall” which allegedly motivated the proposal.
The DOH now appears to be backing down from its March 1 fast-track deadline, as local affiliate WJHG reported Tuesday. State officials published notice of three intended rules changes on February 3 in the Administrative Register, the government publication through which new and updated rules are announced. Their draft text was not yet made publicly available, but the proposed changes “will update definitions, eligibility requirements and documentation for the HIV/AIDS patient care programs, and requirements and services provided under ADAP,” according to the notice. A DOH spokesperson told Them via email on Wednesday that the draft text was still not available for public review.
AHF Director of Advocacy & Legislative Affairs Esteban Wood said that DOH’s conduct “makes clear that legal processes have not been followed” in a statement released Tuesday, and called on the department to release documents explaining its decisions.
“Floridians will now have a say in what happens to this program and its effect on them,” Wood wrote. “It will also provide needed transparency, as the Department has not shown why it needs to make these harmful changes, and show how it now has a claimed $120 million deficit. This program should be fully funded to continue the care needed by thousands across Florida.”
Florida agencies are required to publish proposed rules in the Administrative Register “at least 28 days before the intended action,” per state statutes. After a notice appears in the Register, affected members of the public have 21 days to request a hearing on the proposal.
The proposed ADAP cuts come after the Trump administration moved to slash both domestic and international HIV/AIDS funding last year, in large part by dismantling USAID programs, which a recent Lancet study estimated could lead to 9.4 million excess deaths worldwide by 2030. The administration proposed $1.7 billion in cuts to HIV treatment and prevention programs in the 2026 federal budget last year, although those cuts were stripped out of a final appropriations package passed by the U.S. House of Representatives on Tuesday.
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