Barack Obama 2009-07-01 2 Message to the Congress on the Declaration of a National Emergency With Respect to the 2009 H1N1 Influenza Pandemic October 23, 2009 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. A copy of my proclamation is attached. 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. Barack Obama The White House, October 23, 2009. Note: This message was released by the Office of the Press Secretary on October 24. The related proclamation of October 23 is listed in Appendix D at the end of this volume.