Florida’s Department of Health DOH last night resorted to procedural trickery adopting a new emergency rule to cut off funding and access to lifesaving HIV medications for thousands of Floridians on March 1
TALLAHASSEE, FL (February 25, 2026) – The Florida Department of Health has invoked emergency powers designed to protect public health in order to cut 16,000 Floridians off their HIV medications.
On the eve of a court hearing challenging its unlawful cuts to the AIDS Drug Assistance Program (ADAP), the Department 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 agency tasked with protecting Floridians from communicable disease declared an emergency so it could stop treating them.
WHAT: PRESS TELECONFERENCE: Florida DOH Signs Death Warrant for 16,000 AIDS drug patients
WHEN: Wednesday, February 25, 2026 12:15 P.M. ET
WHO: Esteban Wood, AHF Director of Advocacy, Legislative Affairs & Community Engagement
Michael Weinstein, AHF President
HOW: Zoom link:
https://aidshealth-org.zoom.us/j/95950866485?pwd=enccp5lb71ERckQdaCXzq6xzQcpI4C.1&f#success
“The Department spent two months cutting people off without following the law. When we took them to court, they filed an emergency rule at midnight to dodge accountability,” said Esteban Wood, AHF Director of Advocacy and Legislative Affairs. “We are talking about real people who show up to their appointments, take their medications, and do everything their doctors ask. Florida is making the deepest cuts to AIDS drug assistance of any state in the country, according to national program data. And no one has explained to these patients what they are supposed to do on March 2.”
“We will not relent in fighting these heartless actions legally. We will immediately seek immediate injunctive relief,” said Michael Weinstein, President of AHF. “No AHF patient will go without medication while we fight on. We also call on Gilead, as the largest AIDS drug maker, to immediately donate as much drug as needed to fill the gap for the next ninety days.”
Separately, the Department has removed Biktarvy, the most widely prescribed HIV medication in the country, from the ADAP formulary without any rulemaking or public notice. For patients who have spent years achieving undetectable viral loads, forced medication switching risks irreversible drug resistance that no future funding or court order can undo.
The emergency rule expires in 90 days. Bipartisan majorities in both chambers of the Florida Legislature have proposed bridge funding to maintain ADAP coverage, including a Senate proposal that would preserve the 400% FPL eligibility threshold. But legislative appropriations cannot take effect before July 1, the start of the state fiscal year. That leaves a gap of at least four months where 16,000 Floridians have no coverage, no funding mechanism, and no public explanation from the Department of how they are supposed to maintain access to their medications.
No AHF patient will go without medication. We will use every resource at our disposal to keep our patients on their medications while we fight on.
AHF will fight in court. We will immediately seek injunctive relief to stop the Department from stripping life-saving coverage from thousands of Floridians. We will not relent.
In Florida, an emergency rule like DOH’s is only in effect for 90 days and is non-renewable.
