AIDS health group challenges Florida's planned medication cuts

Romy Ellenbogen, Tampa Bay Times on Jan 27, 2026

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TALLAHASSEE, Fla. — A major HIV/AIDS health care organization is trying to stop Florida’s planned cuts to the state AIDS Drug Assistance Program, accusing the state of creating a rule without going through the required process.

The AIDS Healthcare Foundation filed a petition Tuesday in the Division of Administrative Hearings, challenging the state’s planned cuts as an invalid and unenforceable act.

It asked the judge to order the Department of Health to “immediately discontinue” the plan.

Florida’s cuts could leave around 10,000 people, or more by some advocates’ estimate, without affordable access to life-saving HIV/AIDS medication.

The Department of Health has blamed the program cuts on the rising cost of health insurance, saying the program needed to be restricted in order to prevent a $120 million shortfall.

Earlier this month, the state said it would limit the eligibility for the program from the current 400% of the federal poverty level to 130% of the federal poverty level, or about $21,000 a year for an individual.

But the AIDS Healthcare Foundation, in its petition filed Tuesday, says the Department of Health never formally changed that rule.

In 2007, the Department set a rule defining “low-income” in regard to the state AIDS Drug Assistance Program as 400% of the federal poverty level. That rule stands today.

Tom Myers, the chief of public affairs and general counsel for the AIDS Healthcare Foundation, said in a statement that “the whole point” of having to follow the rule-making process is to “make sure any decisions made are deliberate, thought through, and minimize harm.”

“Floridians living with HIV and the general public’s health is at stake here and jeopardized by these arbitrary and unlawful DOH (Department of Health) rule changes,” Myers said.

The AIDS Healthcare Foundation is asking a judge for an expedited hearing. The state’s cuts are set to take effect March 1.

Along with the state’s planned changes regarding income eligibility, the state also plans to stop helping HIVS/AIDS patients on the program with their health care premiums and to discontinue offering one of the most popular HIV medications, Biktarvy.

Florida Surgeon General Joseph Ladapo has said the state’s HIV/AIDS situation could become a “crisis” without intervention. But advocates have accused the department of dropping a bombshell on them and not operating transparently.

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