Florida AIDS Drug Assistance Program
March 2, 2026
A few important developments and action items to share:
- Special Enrollment Period: The Centers for Medicare & Medicaid Services (CMS) has now issued communication regarding a Special Enrollment Period (SEP), which may provide additional coverage options in this context.
- Action Item: The public comment window on the emergency rule closes March 4, 2026 — the volume of comments will matter.
- Legal Update: AIDS Healthcare Foundation (AHF) has filed both an administrative challenge to the emergency rule and an updated motion for preliminary injunction in Leon County Circuit Court. A response from DOH is due March 6, 2026, with a potential evidentiary hearing set for March 11, 2026.
- Florida Resources: Additional resources have also been linked.
Special Enrollment Period
Today, CMS released a Special Enrollment Period (SEP) bulletin.
Consumers who are losing eligibility for premium subsidies for their Marketplace coverage under Florida’s AIDS Drug Assistance Program (ADAP) as of March 1, 2026, are eligible for a SEP to change their Marketplace plan. They have until April 30, 2026, to use their SEP to select a new plan, if they wish to do so.
Action Item: Public Comments
The comment window closes Wednesday, March 4, 2026. If your organization hasn’t submitted yet, now is the time! Volume matters. Submit here (click “Make a Comment”).
Legal Update
AHF filed suit in January, and an administrative hearing was scheduled for February 25, 2026. The night before that hearing, DOH filed emergency rules at midnight. The rules do what DOH intended from the start: the eligibility threshold for direct ADAP medication assistance drops from 400% to 130% FPL, and the insurance premium assistance program is terminated. Both changes take effect this Sunday, March 1, 2026, impacting an estimated 16,000 Floridians. Separately, DOH removed Biktarvy from the ADAP formulary without any rulemaking or public notice.
AHF filed two responses on February 26, 2026: a petition challenging the emergency rules as invalid, and an updated motion for preliminary injunction in Leon County Circuit Court to block implementation. The circuit court has ordered DOH to respond by Friday, March 6, 2026. We are tentatively set for an all-day evidentiary hearing Wednesday, March 11, 2026 in Tallahassee.
To be direct: the rules take effect Sunday with no court order stopping them. AHF is fighting for an injunction to restore the status quo while the challenge proceeds. If successful, coverage would be reinstated, but there will likely be a gap.
Florida Resources
