[United States Statutes at Large, Volume 123, 111th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

 
PROCLAMATION 8443--OCT. 23, 2009

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)).

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123 STAT. 3727

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