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October 22, 2009 - On April 26, 2009, the Secretary of Health and Human
Services (the "Secretary") first declared a public health emergency
under section 319 of the Public Health Service Act, 42 U.S.C. 247d, in response
to the 2009 H1N1 influenza virus.
In keeping with the administration’s proactive approach to H1N1 Flu, President Obama last night
signed a proclamation declaring 2009-H1N1 Influenza a national emergency.
The proclamation enhances the ability of our Nation’s medical treatment facilities
to handle a surge in H1N1 patients by allowing, as needed, the waiver of certain standard federal requirements on a case-by-case
basis.
"The foundation of our national approach to the H1N1 flu has been preparedness at all levels –- personal,
business, and government –- and this proclamation helps that effort by advancing our overall response capability", said
President Obama.
Please check Flu.gov for the most up-to-date news on H1N1, preparedness, and vaccine distribution.
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TO THE CONGRESS OF THE UNITED STATES:
Pursuant to section 201 of the National Emergencies Act(50 U.S.C. 1621), I hereby report that I have exercised
my authority to declare a national emergency in order to be prepared in the event of a rapid increase in illness across the
Nation that may overburden health care resources.
This declaration will allow the Secretary of Health and Human Services, if necessary, to temporarily waive certain
standard Federal requirements in order to enable U.S. health care facilities to implement emergency operations plans to deal
with the 2009 H1N1 influenza pandemic in the United States.
Further, I have authorized the Secretary of Health and Human Services to exercise the authority under section
1135 of the Social Security Act to temporarily waive or modify certain requirements of the Medicare, Medicaid, and State Children's
Health Insurance programs and of the Health Insurance Portability and Accountability Act Privacy Rule as necessary to respond
to the pandemic throughout the duration of the public health emergency declared in response to the 2009 H1N1 influenza pandemic.
In exercising this authority, the Secretary shall provide certification and advance written notice to the Congress
as required by section 1135(d) of the SSA (42 U.S.C. 1320b-5(d)).
The rates of illness continue to rise rapidly within many communities across the Nation, and the potential exists
for the pandemic to overburden health care resources in some localities.
Thus, in recognition of the continuing progression of the pandemic, and in further preparation as a Nation,
we are taking additional steps to facilitate our response.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested
in me by the Constitution and the laws of the United States, including sections 201 and 301 of the National Emergencies Act
(50 U.S.C. 1601 et seq.) and consistent with section
1135 of the Social Security Act (SSA), as amended (42 U.S.C. 1320b-5), do hereby find and proclaim that, given that the rapid
increase in illness across the Nation may overburden health care resources and that the temporary waiver of certain standard
Federal requirements may be warranted in order to enable U.S. health care facilities to implement emergency operations plans,
the 2009 H1N1 influenza pandemic in the United States constitutes a national emergency.
Accordingly, I hereby declare that the Secretary may exercise the authority under section
1135 of the SSA to temporarily waive or modify certain requirements of the Medicare, Medicaid, and State Children's Health
Insurance programs and of the Health Insurance Portability and Accountability Act Privacy Rule throughout the duration of
the public health emergency declared in response to the 2009 H1N1 influenza pandemic.
In exercising this authority, the Secretary shall provide certification and advance
written notice to the Congress as required by section 1135(d) of the SSA (42 U.S.C. 1320b-5(d)).
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-third day of October, in the year of our Lord two
thousand nine, and of the Independence of the United States of America the two hundred and thirty-fourth.
BARACK OBAMA
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