Gov. Ron DeSantis signed an emergency legislation restoring access to life-saving HIV medication for more than 12,000 Floridians affected by recent cuts to the state’s AIDs Drugs Assistance Programs (ADAP).
The legislation passed unanimously in both chambers of the Florida Legislature for $30.9 million in emergency bridge funding through June 30, 2026, according to a press release. The funding restores ADAP eligibility to 400% of the federal poverty level.
On March 1, the Florida Department of Health reduced ADAP eligibility, impacting 16,000 people, according to the AIDS Healthcare Foundation (AHF). The changes also removed Biktarvy, a popular HIV medication.
“Prior to March 1, if you made anything less than $62,000, you would’ve been eligible. What they changed and reduced it to was $20,000. This is significant because that’s half of the program,” said Esteban Wood, director of advocacy for AHF. “They completely removed premium assistance from the program. Within ADAP, that essentially paid for people's insurance premiums. The third change is they got rid of a drug called Biktarvy, the most common HIV medication because it's convenient."
Biktarvy is a once-daily pill prescribed to treat HIV-1 in adults and children weighing at least 31 pounds. Biktarvy does not cure HIV-1 or AIDS, according to its website. Wood said a single-dose routine helps patients maintain consistent treatment.
“For 10 weeks, 12,000 Floridians living with HIV did not know if they could fill their next prescription. Today, they can,” said Wood.
Starting April 1, the Department of Health will be required to submit monthly reports to the Governor’s Office of Policy and Budget, the Senate Appropriations Committee and the House Budget Committee. The report will include all federal revenues, manufacture rebates, enrollment figures by county and insurance status, prescription data and any projections of potential funding shortfalls.
Wood said the Department of Health said the cuts are due to a gap in funding.
“The department claims they need to make these cuts because they’re citing a $120 million shortfall,” Wood said. “They’re essentially saying the cost of the program is $120 million more than the available funds to pay for the program. They’re saying the reason is due to rising insurance premiums.
AHF requested documentation supporting the shortfall two months ago. Wood said the organization hopes with the report, there will be transparency from the legislation.
While AHF supports the emergency legislation, Wood called it a “bandaid.”
“This bandaid (legislation) only restores eligibility for 400%, but only for direct dispensation. It doesn’t help people through insurance premiums whatsoever because that’s off the table,” Wood said. “It also doesn’t restore access to that convenient medication Biktarvy. I don’t want to minimize this legislation because it helps 12,000 people from a life-or-death situation, but it's a temporary fix.”
Wood said AHF wants to warn people that without additional action, those affected could lose access again after June 30.
“People living with HIV need consistent access to treatment and care. Otherwise, they could suffer deadly consequences,” he said.
HIV medication is $4,500 per month with no health insurance. Wood said patients have been rationing medication out of fear, which can lead to serious health complications.
The HIV drug manufacturers provide rebates to states that fund ADAP programs. Wood said those rebates are hundreds of millions of dollars a year. However, without premium assistance, those funds are not going back to the state. This could rescue the eligibility to as low as 130% of the federal poverty level.
“At the end of the day, we’re relieved that people are gonna be in treatment for the next three months. That is a good thing. But long term here, the long term future of the program will be decided next month, on April 20 when the legislature comes back to Tallahassee and votes. We need to make sure that legislators understand that without the premium assistance part, you’re no longer gonna get the money that pays for the entire program,” Wood said.
The future of the ADAP program will be determined when the Florida Legislature reconvenes in April to finalize the state budget, Wood said the decisions made could determine whether thousands of Floridians continue receiving life-saving treatment or will once again face uncertainty.
