The DeSantis administration announced Tuesday that it's developing three new rules meant to curb spending in a federally funded program that provides benefits to people with HIV and AIDS.
The Department of Health published notice that it's developing three new rules for the AIDS Drug Assistance Program, to "update definitions, eligibility requirements and documentation for the HIV/AIDS patient care program and requirements and services provided under ADAP."
No other additional information was included in the announcement.
The National Alliance of State and Territorial AIDS Directors estimates 16,000 people in Florida would lose benefits under the policy changes sought by the DeSantis administration.
The announcement comes after the AIDS Healthcare Foundation filed two complaints against the DeSantis administration.
RED MORE: State sued again over changes to HIV/AIDS medication assistance program
The first was filed in the state Division of Administrative Hearings on Jan. 27, alleging the DOH violated state law when it announced the program changes effective March 1 by not undertaking an administrative process known as rulemaking to effectuate the changes. The process can be slow-moving because it normally requires formal announcements, public comment, and formal review. Parties that are impacted by the proposed regulations also are given an opportunity, as part of the process, to challenge the proposed regulations.
Administrative Law Judge W. David Watkins set a hearing for Feb. 18.
The DOH sent two sets of letters regarding ADAP in January. One advised ADAP clients the state was lowering the income eligibility from 400% of the federal poverty level to 130% of the federal poverty level and that they no longer met the eligibility requirements.
Another letter announced the DOH was changing what medications were available under the program and that it was removing Biktarvy, a daily pill used to treat HIV in adults and children weighing at least 31 pounds, from the list of drugs made available to ADAP clients.
The letters and the DOH website, where the changes also were announced, said the changes were being made to help stave off a $120 million shortfall. The state put the blame on "rising health care insurance premiums nationwide and lack of additional [federal] Ryan White Grant funding."
The second complaint was filed Monday in Leon County Circuit Court and aims to obtain files from the DOH seeking information about the purported $120 million budget shortfall.
'Misleading the public'AHF President Michael Weinstein accused the DOH, headed by state Surgeon General Joseph Ladapo, of misleading the public.
During a press conference announcing the second challenge, Weinstein asked why — if a lack of federal Ryan White grant funding is a driving force behind the changes — Florida "is the only state in the union that is making these types of cuts? "
"They are misleading the public and particularly the clients who rely on this service when they tell you that there have been cuts from Washington," he said. "There have been no cuts to the AIDS drug assistance program in the federal government."
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