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Proposed Removal of HIV Entry Ban
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" – Notice of Proposed Rule Making (NPRM)
The Department of Health and Human Services (HHS) and Centers for Disease Control and Prevention (CDC) are proposing the removal of 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 July 2, 2009, HHS/CDC posted a Notice of Proposed Rule Making (NPRM) regarding these regulations.
- Notice of Proposed Rule Making
[PDF - 13 pages] 
- Fact Sheet
- General Questions and Answers
- Technical Questions and Answers
CDC has received a high volume of public comments on this rule and is working to post them as soon as possible.
CDC has decided to not post personal contact information submitted through public comments on this webpage. Such information will be maintained as part of the record for this rule.
View Public Comments about this Notice of Proposed Rule Making
Proposed key revisions include:
- HIV infection would no longer be included on the list of “communicable disease of public health significance”.
- Testing for HIV infection would no longer be required as part of the U.S. Immigration medical screening process.
- HIV infection would no longer require a waiver for entry into the United States.
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 health system cost over time, given a change in regulation.