The Florida Department of Health last night invoked emergency powers to cut 16,000 people off their HIV medication, according to sources at the AIDS Healthcare Foundation.
The foundation claims that the DOH has been cutting people’s medication without due process. When the foundation sued to stop this, they say, the DOH filed an emergency rule that would terminate currently enrolled patients from their medication as of March 1.
Michael Weinstein is the president of the AIDS Healthcare Foundation.
“This just represents a reckless disregard for the public health of Florida,” said Weinstein.
Florida had an estimated 3,200 new HIV infections in 2022, putting it in the top 5 states in the nation for number of new cases.
Weinstein emphasizes that a lack of access to medication can be a death sentence.
“When people go off this medication, they become virally active and their T cells go down, and if this continues, if they make this permanent, then they will die. This is a matter of life and death,” he said.
The foundation will continue to fight this Department of Health action.
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.”
WGCU is your trusted source for news and information in Southwest Florida. We are a nonprofit public service, and your support is more critical than ever. Keep public media strong and donate now. Thank you. The News Service of Florida contributed to this report.
