Florida’s Department of Health DOH resorted to procedural trickery this week adopting a new emergency rule to cut off funding and access to lifesaving HIV medications for thousands of Floridians on March 1
FORT LAUDERDALE, FL (February 26, 2026) Today, AIDS Healthcare Foundation (AHF) filed an amended legal motion to enjoin the State of Florida’s Department of Health (DOH) from implementing a new emergency rule it crafted earlier this week that will allow DOH to drastically reduce eligibility for the state’s AIDS Drug Assistance Program, cutting off access to lifesaving HIV drugs for as many as 16,000 Floridians living with HIV. The case was filed in the Second Circuit Court of the Second Judicial Circuit in and for Leon County (Case No: CA—00386).
On Tuesday, the Department of Health 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 new emergency rule, put in place late Tuesday evening after prior attempts by DOH were determined to be done in violation of the state’s rulemaking regulations, now allows DOH to reduce income eligibility for its ADAP to 130% of Federal Poverty Level (FPL), or an income of approximately $20,500 for an individual. The DOH’s new emergency rule is only in effect for 90 days and is non-renewable.
“AHF filed this injunction to halt Florida’s Department of Health from implementing this draconian and punitive emergency rule and/or reversing it should take effect, this Sunday,” said Tom Myers, AHF General Counsel and Chief of Public Affairs. “DOH is in such a hurry to take away lifesaving medical care from 16,000 Floridians that they declared an ‘emergency’ so they could do it even quicker.”
The Department of Health has until March 6 to respond to AHF’s motion. If the Judge determines they need addition evidence, there will be a hearing on March 11. Otherwise, they will rule on the papers presented.
