The Florida Department of Health issued emergency rules Wednesday that will block thousands of Floridians from accessing their HIV medication.
Starting Sunday, the state will cut its subsidies for the AIDS Drug Assistance Program (ADAP), and funds will only be available for people at or below 130% of the federal poverty level, a drop from 400%.
The emergency rules also limit the insurance coverage of Biktarvy, a once-a-day pill that is used by 60% of the 30,000 Floridians enrolled in ADAP.
Current federal guidelines calculate 400% of the poverty level at $62,600 a year and 130% of the poverty level making $20,345. HIV advocates say about 16,000 Floridians will be affected.
The emergency rule comes a day before a hearing was planned between DOH and the AIDS Healthcare Foundation, which filed a lawsuit in January, arguing the department illegally changed the rules for eligibility.
“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, AHF director of advocacy and legislative affairs.
In January, Florida Surgeon General Joseph Ladapo said the drop in coverage was because of a shortfall of $120 million in federal money, but HIV advocates say that isn’t the case.
The emergency rules last for 90 days and can be renewed.
The Florida House of Representatives and Senate have earmarked money in their respective budgets to cover the gap, but advocates say this would still leave Floridians without coverage for months.
“The only emergency here is the one that the Department of Health is creating through their own actions,” said Senate Democratic Leader Lori Berman at a press conference at the capitol on Wednesday. “The actions of Surgeon General Ladapo and the Department of Health are shameful.”
