Senators and HIV advocates raise alarm over proposed ADAP eligibility cut; OPB cites federal grant shift

Senate Committee on Appropriations · January 14, 2026

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Summary

Senators questioned a Department of Health-driven change to the AIDS Drug Assistance Program (ADAP) that would reduce eligibility from roughly 400% of the federal poverty level to about 130%, a shift the governor’s budget office attributed to changes in grant funding. A Broward resident living with HIV urged the legislature to investigate and restore access.

During questioning of the governor’s recommended budget, Senator Smith pressed Lita Kelly of the Office of Policy and Budget about a Department of Health decision to change ADAP eligibility, asking specifically whether the department will reduce the program’s threshold from approximately 400% of the federal poverty level to 130% on March 1.

Kelly told the committee she believed the change was driven by a shift in underlying federal grant funding and said officials planned a multi-month transition to give people time to find alternative resources. "The underlying grant funding that funded this program has shifted," Kelly said, and "they're not looking to cut the program in its entirety... I believe now it will be around 130% of federal poverty. I know they're doing a couple month transition on the policy to ensure that if people are impacted, they have the ability to either find other resources." She also offered to follow up with more detail.

Michael Rayner, a Broward County resident living with HIV who testified during the public-comment period, said the program is a lifeline for roughly 30,000 Floridians and alleged the health department improperly redirected programmatic rebate funds. "The state gets about 90,000,000 from the federal government... and then through the rebates and premium rebates that it gets, it earns another $225,000,000," Rayner said. "What alarmed me what I just heard is that those funds are being shifted. That's a violation of federal law to shift programmatic dollars for rebates." He urged legislative oversight, transparency and an immediate review of the department's actions.

Senators voiced concern and requested follow-up from OPB and the Department of Health. Multiple committee members asked Kelly to provide precise figures on the program funding, to clarify whether federal grants were reduced or restructured, and to report whether any state funds were being used to backfill federal program dollars. Kelly twice offered to follow up with a precise accounting for senators who requested it and noted she would consult with health officials, including Department of Health leadership and the Health Secretary's staff.

The committee did not make a funding decision on ADAP during the hearing. Senators said they would pursue additional information and hearings in the relevant policy committee(s).