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The Biden Administration has announced a new rule that will allow people living with HIV to receive kidney and liver transplants from HIV-positive donors.

Something you should know before you read: HIV, or Human Immunodeficiency Virus, is a virus that attacks the immune system, specifically targeting CD4 cells, which help the body fight infections. Without treatment, HIV weakens the immune system over time, making it harder for the body to combat illnesses and potentially leading to AIDS (Acquired Immunodeficiency Syndrome), the most severe stage of HIV. In the United States, over 1.2 million people are living with HIV, with approximately 30,000 new cases diagnosed each year. HIV is most commonly transmitted through unprotected gay sex or by sharing needles.

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What’s going on now: The Biden Administration’s new policy allows kidney and liver transplants from HIV-positive donors to HIV-positive recipients without limiting these procedures to research studies, marking a significant shift in US transplant rules. By removing restrictions previously in place under the 2013 HOPE Act, this change is expected to increase the organ donor pool, reduce wait times for transplants, and improve access to life-saving procedures for people living with HIV.

So, will people not with HIV possibly get an organ from someone with HIV? No, people without HIV will not receive organs from someone with HIV under the new rule. The policy specifically applies to organ transplants between HIV-positive donors and HIV-positive recipients.  

US official reacts: In a statement, HHS Secretary Xavier Becerra said, “We continue to do everything in our power to increase access to life-saving organs while addressing health inequities faced by people with HIV. This rule removes unnecessary barriers to kidney and liver transplants, expanding the organ donor pool and improving 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.”

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