The Department of Health, headed by Joseph Ladapo, is being accused in a state administrative challenge of “sleight of hand.” (Screenshot/DeSantis Rumble page, March 7, 2022.)
A leading provider of AIDS care is asking a Florida state administrative court to resume proceedings in a legal challenge to the DeSantis administration’s move to reduce enrollment eligibility in a program that helps people purchase medications.
In a filing in state administrative court, attorneys for the AIDS Healthcare Foundation (AHF) accuse the Department of Health of publishing proposed rule amendments to alter eligibility criteria for the AIDS Drug Assistance Program to take advantage of a state law that allows stays in challenges against the state over proposed rules.
“Unfortunately, the Department is continuing its original course of action to implement the unadopted policies before the conclusion of the rulemaking process, which the Department clearly acknowledges is necessary,” attorneys for the AHF wrote in the motion, adding the proposed rule the DOH published was a “sleight of hand to prevent the hearing.”
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Administrative Law Judge W. David Watkins had agreed to expedited the hearing on AHF’s challenge initially scheduling a hearing for Feb. 18 before the case was stayed.
AHF attorneys asked Watkins to “immediately lift the stay of proceedings and reschedule the hearing date as soon as possible.”
AHF’s motion to vacate the automatic stay comes amid concerns raised by the Legislature that the DeSantis administration is moving ahead with plans to pare back income eligibility criteria for the program by about 68%, by lowering the annual income an individual can earn and still qualify for assistance. The new proposed income level is no more than $21,000 annually for an individual, down from about $62,600 or less annually.
The cuts would take effect on March 1
AHF also filed for an injunction in Leon County Circuit Court to block the DeSantis administration from moving ahead with the cuts.