Proposed Removal of HIV Entry Ban

NOTICE: This web page is archived for historical purposes and is no longer being maintained or updated. The information is accurate only as of the last page update.

Notice: This proposed rule has become final as of November 2, 2009. Please see 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” – 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] (on GPO Access.gov site)
Fact Sheet
General Questions and Answers
Technical Questions and Answers

Note: 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 the HIVEcon 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. Read about and download the model.