123STA T . 3 7 2 6PROCL A M AT I O N84 43 — OCT. 23 , 2 0 0 9INW I T N ES SW H E R E OF, I have he r e untos et my han d th i st w enty - third day o f O c to b er, in the year of our L ord two thousand nine, and of the Inde p endence of the U nited States of A merica the two hundred and thirty-fourth .B ARA CK OBA M A Proclam a ti o n84 4 3 o fO cto be r 2 3 , 2 0 0 9Declar a tion o f a N ational Em er g enc yW it hR e sp ect to the 20 0 9H1 N1 I nfl u en z a P an d emic BythePr e sid e n t of the U nited S t a tes of Am eri c a A Proc l amation On Apri l26 ,2 0 0 9 , the Secretary of Health and Human Services ( the ‘ ‘Secretary ’ ’ ) first declared a public health emer g ency under section 31 9ofthe P ublic Health Service Act, 4 2 U.S.C. 24 7 d, in response to the 2009 H1N1 influen z a virus. The Secretary has renewed that dec- laration twice, on J uly 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 ta k en proactive steps to re- duce 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 indi- viduals 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 e x ists for the pan- demic to overburden health care resources in some localities. Thus, in recognition of the continuing progression of the pandemic, and in fur- ther 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 Con- stitution and the laws of the United States, including sections 201 and 301 of the National Emergencies Act ( 5 0 U.S.C. 1601 et se q .) and con- sistent 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 re- q uirements may be warranted in order to enable U.S. health care facili- ties to implement emergency operations plans, the 2009 H1N1 influ- enza pandemic in the United States constitutes a national emergency. Accordingly, I hereby declare that the Secretary may exercise the au- thority 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 cer- tification and advance written notice to the Congress as required by section 1135(d) of the SSA (42 U.S.C. 1320b–5(d)).
