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Legal petition filed with Florida’s Division of Administrative Hearings seeks expedited hearing and ruling against the state’s Department of Health, asserting that DOH illegally drafted cost-saving rules bumping as many as 16,000 Floridians off the state’s lifesaving AIDS Drug Assistance Program

AIDS Healthcare Foundation (AHF), which cares for over 21,000 people in Florida, 17,543 of whom are living with HIV, filed a petition with Florida’s Division of Administrative Hearings over rules that the state’s Department of Health (DOH) illegally enacted which will cut off access to lifesaving HIV medications for 16,000 Floridians. AHF is seeking an expedited hearing and favorable administrative determination on the rules against the DOH.

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In its petition, filed Tuesday in Tallahassee, AHF asserts the state’s Department of Health illegally changed rules regarding income eligibility thresholds for its AIDS Drug Assistance Program (ADAP), without having gone through the mandatory rulemaking process.

The National Alliance of State and Territorial AIDS Directors estimates that more than 16,000 patients in Florida will lose coverage under the state’s ADAP because of this illegal change in Department policy. Florida’s changes to ADAP eligibility will also eliminate access to Biktarvy, a successful once-a-day medication for people with HIV/AIDS.

Earlier this month, Florida’s Department of Health issued letters to its ADAP recipients informing clients of changes in its program eligibility based on clients’ income level. According to an editorial in the Miami Herald, “The (ADAP) program has been open to those making up to 400% of the federal poverty level, or $62,600 for an individual...Starting in March, eligibility will change: Only people making up to 130% the federal poverty level, or $20,345 for an individual, will be eligible.”

“Rulemaking is not a matter of agency discretion. Each statement an agency like the Department of Health issues that meets the statutory definition of a rule must be adopted through legally mandated rulemaking procedures. Florida has simply not done so here,” said Tom Myers, Chief of Public Affairs and General Counsel for AHF. “The whole point of having to follow procedures and rules is to make sure any decisions made are deliberate, thought through, and minimize harm. Floridians living with HIV and the general public’s health are at stake here and jeopardized by these arbitrary and unlawful DOH rule changes.”

AHF has multiple Ryan White CARE Act contracts in Florida, including four under Part B, which covers ADAP. More than 50% of people diagnosed with HIV receive assistance from Ryan White annually.

The recent Miami Herald editorial on the ADAP funding crisis also noted, “Florida had the third-highest rate of new infections in the nation in 2022, accounting for 11% of new HIV diagnoses in the U.S. that year, according to KFF, a nonprofit health policy research organization.”

AHF’s petition was filed Tuesday with Florida’s Division of Administrative Hearings and prepared by Panza, Maurer & Maynard, P.A. of Tallahassee, Florida.

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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Florida's Department of Health illegally enacted rules that will cut off access to lifesaving HIV medications for 16,000 Floridians. In its lawsuit, AHF is seeking an expedited hearing and a favorable administrative determination on the rules against DOH.