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HIV waiver process update

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The Department of Health and Human Services, Centers for Disease Control and Prevention (HHS/CDC), published a Final Rule in the Federal Register that will remove HIV infection from the list of communicable diseases of public health significance and remove references to HIV from the scope of medical examinations for aliens.  The final rule will go into effect on January 4, 2010.

While an HIV exam will no longer be mandatory, an applicant may still request one from the panel physician. If positive (or if the applicant discloses to the panel physician that they are positive) it will be a Class B condition only.

Any cases scheduled before this date are still subject to waiver requirements. Any cases scheduled after January 4 th will benefit from the new ruling . This process is only for those children who are deemed HIV Positive. This does not affect the Tuberculosis Waiver process.

BCSI will monitor further implications of the rule as time goes on.

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