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New Rule Expands Access to Kidney and Liver Transplants for People with HIV

Policy Change Removes Research Requirement, Expanding Organ Donor Pool and Reducing Stigma for HIV-Positive Individuals

Under a new rule approved by the Biden administration, individuals with HIV will soon be eligible to receive kidney and liver transplants from HIV-positive donors. The change, announced by the Department of Health and Human Services (HHS) on Tuesday, lifts the previous requirement that such transplants be conducted solely as part of clinical research. This rule was first proposed in September.

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Since the passage of the HIV Organ Procurement Equity (HOPE) Act in 2013, HIV-positive organ transplants have been allowed in the U.S. under specific research conditions. Prior to this legislation, a federal ban prohibited the transplantation of organs from HIV-infected donors.

Health officials are hopeful that the new rule will not only broaden access to life-saving organs but also reduce the stigma associated with HIV. By increasing the pool of available organs and simplifying the transplantation process, the policy aims to improve health equity for individuals living with the virus.

HHS Secretary Xavier Becerra emphasized the importance of the rule in addressing organ shortages and enhancing outcomes for transplant recipients with HIV. "This evidence-based policy update demonstrates our commitment to ensuring all Americans have access to the care they need," he said.

The rule change is backed by substantial evidence showing that kidney transplants between HIV-positive donors and recipients are as effective as transplants from HIV-negative donors to HIV-positive recipients.

While the new rule currently applies only to kidney and liver transplants, the National Institutes of Health has invited public feedback on proposed changes to the criteria for other organ transplants under the HOPE Act, including heart, lung, and pancreas donations.

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