Final Rule Removing HIV Infection from U.S. Immigration Screening

Revision of 42 CFR Part 34 (Medical Examination of Aliens) Removal of Human Immunodeficiency Virus (HIV) from Definition of Communicable Disease of Public Health Significance – Final Rule

The Department of Health and Human Services (HHS) and Centers for Disease Control and Prevention (CDC) are removing HIV (human immunodeficiency virus) infection from the list of diseases that keep people who are not U.S. citizens from entering the United States.

HHS has authority to promulgate regulations that establish requirements for the medical examination of aliens (immigrants, refugees, asylees, and parolees) before they may be admitted into the United States.

HHS/CDC/Division of Global Migration and Quarantine administers the regulations which include the health-related conditions that make aliens ineligible for entry into the United States.

On November 2, 2009, HHS/CDC posted the final rule in the Federal Register regarding these regulations. The effective date of this rule is January 4, 2010.

• Final Rule [PDF – 16 pages]
• Fact sheet [PDF – 1 page]
• General Questions and Answers
• Technical Questions and Answers
• HIV Economic Model – The objective of this model is to evaluate both the potential number of HIV-positive immigrants to the United States and the potential system cost over time due to this change in regulation.

Key revisions, which are effective on January 4, 2010, include:

• HIV infection is no longer defined as a communicable disease of public health significance
• Testing for HIV infection is no longer be required as part of the U.S. immigration medical screening process.
• HIV infection no longer requires a waiver for entry into the United States.

To locate information on the Notice of Proposed Rule Making published on July 2, 2009, please visit the Proposed Removal of HIV Entry Ban page.

This link includes the Notice of Proposed Rule Making that was first posted and a link to public comments about the proposed rule. There is also a link to the economic model that details the potential cost of this rule change.