A bill that would help the HIV community is on the desk of Gov. Ron DeSantis.
The measure (HB 697) would temporarily reverse an emergency rule made by the Florida Department of Health that blocks access to HIV medication for many in need.
"Due to rising health care insurance premiums nationwide and lack of additional Ryan White Grant funding, adjustments have been made to ensure resources (are allocated to) the greatest number of individuals within our funding constraints," the department said in its February announcement.
The AIDS Drug Assistance Program helps underinsured and uninsured people diagnosed with HIV afford life-saving medication. The program has helped patients access expensive medications (costing $2,000 to $4,000 per month) since 1996.
Florida and HIV
The program is significant for Florida, which has seen steady increases in HIV cases since 2020, according to the Department of Health. Its latest data, for 2024, show 4,463 new cases. In 2020, there were 3,268. Florida had the third most HIV diagnoses in the country behind Texas and California, according to the Centers for Disease Control and Prevention.
Miami-Dade, Broward and Orange counties had the highest rate of HIV infections in the state. Seven Florida counties were identified by the CDC in 2019 as priority areas with high rates of new HIV diagnoses: Miami-Dade, Broward, Orange, Hillsborough, Palm Beach, Pinellas and Duval counties. Data from the state Department of Health show Florida typically reports 4,000 to 5,000 new HIV diagnoses annually.
The emergency rule
The new health department rule went into effect at the start of this month and limited eligibility for ADAP. Previously, those who lived at 400% of the federal poverty level, or made less than about $63,000 a year, qualified for assistance.
The rule now limits the eligibility to 130% of the federal poverty level, or about $20,000 a year.
"The department will also cover costs during a two-month transition period to ensure clients have adequate time to connect to services if they are impacted by these changes. These adjustments will prevent a shortfall of more than $120 million for Florida," the health department said.
The decision to limit ADAP eligibility came on the heels of a big increase in insurance premiums on the Affordable Care Act marketplace.
Some 30,000 people in Florida rely on ADAP, according to an annual report from the National Ryan White HIV/AIDS Program Part B ADAP Monitoring Project. The nonprofit AIDS United estimates the rule change stripped eligibility from more than half of those enrollees.
HB 697 drug and prices coverage
Should DeSantis sign the bill, it would temporarily block the health department's emergency rule until June 30, the end of the state's fiscal year.
The bill passed the House by a vote of 108-0 and the Senate, 38-0. If signed, it would go into effect immediately.
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