[Federal Register Volume 74, Number 207 (Wednesday, October 28, 2009)]
[Presidential Documents]
[Pages 55439-55440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26130]




                        Presidential Documents 



Federal Register / Vol. 74, No. 207 / Wednesday, October 28, 2009 / 
Presidential Documents

[[Page 55439]]


                Proclamation 8443 of October 23, 2009

                
Declaration of a National Emergency With Respect 
                to the 2009 H1N1 Influenza Pandemic

                By the President of the United States of America

                A Proclamation

                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. The Secretary has renewed that 
                declaration twice, on July 24, 2009, and October 1, 
                2009. In addition, by rapidly identifying the virus, 
                implementing public health measures, providing guidance 
                for health professionals and the general public, and 
                developing an effective vaccine, we have taken 
                proactive steps to reduce the impact of the pandemic 
                and protect the health of our citizens. As a Nation, we 
                have prepared at all levels of government, and as 
                individuals and communities, taking unprecedented steps 
                to counter the emerging pandemic. Nevertheless, the 
                2009 H1N1 pandemic continues to evolve. 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)).

[[Page 55440]]

                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.
                
                
                    (Presidential Sig.)

[FR Doc. E9-26130
Filed 10-27-09; 8:45 am]
Billing code 3195-W9-P