DOWNTOWN TALLAHASSEE, FL — Advocates, nurses, and lawmakers in Florida pushed back at the State Capitol after a judge cleared the way for changes to the state's AIDS Drug Assistance Program.
WATCH FULL REPORT BELOW:
A state administrative law judge lifted a temporary pause that would have stopped the Florida Department of Health from changing the AIDS Drug Assistance Program. The decision clears the way for new rules that advocates say could affect more than 16,000 Floridians.
"Florida has the largest growing population new population of HIV patients in the country."
The state argued the legal challenge no longer applied because the rule had already been formally adopted. Using emergency rule-making, the Department of Health fast-tracked the policy changes.
According to the AIDS Healthcare Foundation, the new rules reduce income eligibility to 130% of the federal poverty level, end the insurance premium assistance program, and remove two commonly used HIV medications from coverage.
Ed Lombard of Lombard Law argued the case was moot.
"Even if you don't conclude it's moot, they can't prevail on concept of an unadopted rule when we've attached to the motion, the adopted rule that became effective yesterday," Lombard said.
Louise St. Laurent, who represented the AIDS Healthcare Foundation, says the Department finalized the same policy changes it had previously proposed.
"Yesterday, the Department of Health published an emergency rule and adopted what they were otherwise going to adopt through the normal rule-making process, meaning that the rule that they had proposed now is in effect and law in Florida," St. Laurent said.
St. Laurent says the AIDS Healthcare Foundation will pursue an injunction in circuit court. Unless a judge intervenes, the new rules are set to take effect March 1.
I spoke with Beth Rodinhouse, a nurse who cares for HIV and AIDS patients at the state Capitol. She called the decision a major setback.
"I cannot believe that that same organization that licenses me as a nurse in the state of Florida is now denying this life-saving care," Rodinhouse said.
Lawmakers at the Capitol also spoke out during a press conference, questioning the impact these changes could have on working families who depend on this coverage.
In a statement to ABC 27, the Florida Department of Health defended the changes, saying they are necessary because of rising insurance costs and limited federal funding.
Advocates say the fight is not over.
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