Department of Health has left it unclear whether it will cut off funding and access to lifesaving HIV medications for thousands of Floridians on March 1 in violation of the state’s legal rulemaking process

The Florida Department of Health (DOH) today published its Notice of Proposed Rule to formally implement sweeping cuts to the State’s AIDS Drug Assistance Program (ADAP), which provides life-saving medications and insurance premium support to more than 30,000 Floridians living with HIV.

The proposed rule confirms DOH’s plan to slash ADAP income eligibility from 400% to 130% of the Federal Poverty Level and eliminate insurance premium assistance entirely. If enacted, more than 16,000 Floridians could lose access to critical HIV treatment and coverage.

The publication of the proposed rule follows a legal challenge filed by AIDS Healthcare Foundation (AHF) at the Division of Administrative Hearings (DOAH), alleging the Department violated Florida law by attempting to implement the cuts without first going through the required rulemaking process.

Florida’s Department of Health has left it unclear whether it will cut off funding and access to lifesaving HIV medications for thousands of Floridians on March 1 in violation of the state’s legal rulemaking process. AHF is prepared to seek an immediate injunction if the Department of Health acts prematurely.

“DOH is now going through the formal process it initially tried to bypass,” said Esteban Wood, AHF Director of Advocacy and Legislative Affairs. “But publishing a proposed rule does not justify cuts that will destabilize care for thousands of Floridians living with HIV. The public now has the right to comment, demand transparency, and challenge the state’s financial claims.”

The proposed rule addresses eligibility and premium assistance but does not codify the specific medication restrictions announced by DOH in January, including limitations affecting widely prescribed HIV treatments.

“We are calling on the Department to release the documents that justify these cuts and to provide full transparency about its decision-making,” said Michael Weinstein, AHF President. “HIV treatment is not optional. These cuts put lives at risk and threaten Florida’s public health.”

Under Florida law, the proposed rule opens a 21-day public comment period. AHF is encouraging patients, providers, and community organizations to submit comments and request a public hearing before the March 4 deadline.

AHF’s legal challenge remains pending, with a hearing currently scheduled for February 18, and a ruling due on or by February 27.

AIDS Healthcare Foundation (AHF), the world’s largest HIV/AIDS healthcare organization, provides cutting-edge medicine and advocacy to more than 2.8 million individuals across 50 countries, including the U.S. and in Africa, Latin America/Caribbean, the Asia/Pacific Region, and Eastern Europe. In January 2025, AHF received the MLK, Jr. Social Justice Award, The King Center’s highest recognition for an organization leading work in the social justice arena. To learn more about AHF, visit us online at AIDShealth.org, find us on Facebook, and follow us on Instagram, Twitter, and TikTok.

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Publication of the proposed rule follows a legal challenge filed by AHF at the Division of Administrative Hearings, alleging the Health Dept violated Florida law by attempting to implement cuts without first going through the required rulemaking process.