(NEW YORK) — An emergency rule from the Florida Department of Health went into effect on Sunday that could restrict tens of thousands of people from accessing HIV medication.
The state issued cuts to the AIDS Drug Assistance Program (ADAP), a federal-state partnership that provides free FDA-approved HIV medication for low-income, uninsured or underinsured people.
Under the emergency rule, eligibility for ADAP was lowered to include those at or below 130% of the federal poverty level, which equals about $20,345 per year for a one-person household, according to the Department of Health and Human Services.
Previous eligibility was at or below 400% of the poverty level, which equals about $62,600 per year for a one-person household, according to HHS.
Additionally, the emergency rule limits insurance coverage of Biktarvy, a once-daily pill to treat HIV and used by about 60% of those enrolled in ADAP.
HIV advocates estimate that as many as 16,000 of the 30,000 Floridians enrolled in ADAP could be at risk of restricted access.
“These cuts will impact communities throughout the state, will threaten the lives of people with HIV and will lead to spikes in new HIV diagnoses and a rise in health care costs as people with HIV develop serious infections requiring hospitalization,” said Dr. Anna K. Person, chair of the HIV Medicine Association, a community of health care professionals that works toward advancing the response of the HIV epidemic, in a statement.
“HIV treatment disruptions of this magnitude will result in a public health disaster. Florida must follow due process and work with health care professionals, people with HIV and the state legislature to address any funding challenges,” the statement continued.
The new emergency rule is only in effect for 90 days and cannot be renewed unless a rule is proposed to implement the changes through formal administrative rulemaking.
Health officials have cited the “rising health care insurance premiums nationwide” and lack of federal funding as reason for the cuts. Officials said the adjustments will prevent a shortfall of more than $120 million for the state.
The Florida Department of Health did not immediately return ABC News’ request for comment.
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