AHF Sues Florida to Block Fake Emergency Rule that Cuts AIDS Drugs to 16,000

AHF has filed legal action to challenge the validity of the Florida Department Of Health’s late-night trickery adopting a new emergency rule to cut off funding and access to lifesaving HIV medications for thousands of Floridians on March 1

NOTE: AHF Leadership is available for interviews

TALLAHASSEE, Fla.--(BUSINESS WIRE)--This morning AIDS Healthcare Foundation (AHF) filed an administrative action to challenge the validity of the emergency rule enacted by the Florida Department of Health, prior to a hearing scheduled yesterday morning with State Administrative Law Judge W. David Watkins. The Florida Department of Health has invoked emergency powers designed to protect public health in order to cut 16,000 Floridians off their HIV medications.

On the eve of a court hearing challenging its unlawful cuts to the AIDS Drug Assistance Program (ADAP), the Department filed an emergency rule slashing eligibility by more than two-thirds, eliminating health insurance premium assistance entirely, and terminating currently enrolled patients effective March 1. The agency tasked with protecting Floridians from communicable disease declared an emergency so it could stop treating them.

“We will not relent in fighting these heartless actions legally. AHF has always put our clients and those living with HIV/AIDS at the center of our mission,” said Michael Weinstein, President of AHF. “The Department of Health needs to stop all this trickery and stay focused on ensuring the sustained health and well-being of all Floridians.”

Separately, the Department has removed Biktarvy, the most widely prescribed HIV medication in the country, from the ADAP formulary without any rulemaking or public notice. For patients who have spent years achieving undetectable viral loads, forced medication switching risks irreversible drug resistance that no future funding or court order can undo.

The emergency rule expires in 90 days. Bipartisan majorities in both chambers of the Florida Legislature have proposed bridge funding to maintain ADAP coverage, including a Senate proposal that would preserve the 400% FPL eligibility threshold. But legislative appropriations cannot take effect before July 1, the start of the state fiscal year. That leaves a gap of at least four months where 16,000 Floridians have no coverage, no funding mechanism, and no public explanation from the Department of how they are supposed to maintain access to their medications.

No AHF patient will go without medication. We will use every resource at our disposal to keep our patients on their medications while we fight on.

AHF will fight in court. We will immediately seek injunctive relief to stop the Department from stripping life-saving coverage from thousands of Floridians. We will not relent.

In Florida, an emergency rule like DOH’s is only in effect for 90 days and is non-renewable.