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SSA

RIN: 0960-AG71

Publication ID: Fall 2016

Title: Revised Medical Criteria for Evaluating Human Immunodeficiency Virus (HIV) Infection and for Evaluating Functional Limitations in Immune System Disorders (3466F)
Abstract: We are revising the criteria in the Listing of Impairments (listings) that we use to evaluate claims involving human immunodeficiency virus (HIV) infection in adults and children under titles II and XVI of the Social Security Act (Act). We also are revising the introductory text of the listings that we use to evaluate functional limitations resulting from immune system disorders. The revisions reflect our program experience, advances in medical knowledge, our adjudicative experience, recommendations from a commissioned report, and comments from medical experts and the public.
Agency: Social Security Administration(SSA)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 20 CFR 404.1500, app 1
Legal Authority: 42 U.S.C. 402 42 U.S.C. 405(a) 42 U.S.C. 405(b) 42 U.S.C. 405(d) to 405(h) 42 U.S.C. 416(i) 42 U.S.C. 421(a) 42 U.S.C. 421(i) 42 U.S.C. 423 42 U.S.C. 902(a)(5) 42 U.S.C. 1381a 42 U.S.C. 1382c 42 U.S.C. 1383 42 U.S.C. 1383b

Legal Deadline: None

Statement of Need:

These final rules are necessary in order to update the HIV evaluation listings to reflect advances in medical knowledge, treatment, and evaluation methods. The changes will ensure that determinations of disability have a sound medical basis, that claimants receive equal treatment through the use of specific criteria, and that individuals who are disabled can be readily identified and awarded benefits if all other factors of entitlement or eligibility are met.

Summary of the Legal Basis:

Administrative--not required by statute or court order.

Alternatives:

Undetermined at this time.

Anticipated Costs and Benefits:

Cost/savings estimate--negligible.

Risks:

Undetermined at this time.

Timetable:

Action	Date	FR Cite
ANPRM	03/18/2008	73 FR 14409
ANPRM Comment Period End	05/19/2008
NPRM	02/26/2014	79 FR 10730
NPRM Comment Period End	04/28/2014
NPRM Correction and NPRM Comment Period Extended	03/25/2014	79 FR 16250
NPRM Comment Period Extended End	05/27/2014
Final Action	12/00/2016

Additional Information: Includes Retrospective Review under E.O. 13563.
Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: Yes
Public Comment URL: www.regulations.gov
RIN Data Printed in the FR: No
Agency Contact: Cheryl A. Williams Director Social Security Administration Office of Medical Policy, 6401 Security Boulevard, Baltimore, MD 21235-6401 Phone:410 965-1020 Email: cheryl.a.williams@ssa.gov Paul J. Scott Social Insurance Specialist Social Security Administration Office of Disability Programs, Office of Medical Policy, 6401 Security Boulevard, Baltimore, MD 21235-6401 Phone:410 966-1192 Brian Rudick Social Insurance Specialist, Regulations Writer Social Security Administration Office of Regulations and Reports Clearance, 6401 Security Boulevard, Baltimore, MD 21235-6401 Phone:410 965-1483 Email: brian.rudick@ssa.gov