ExecutiveOrdersEO
Proc 8443ProclamationObama · D

Proclamation 8443

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

President Obama declared a national emergency under the National Emergencies Act regarding the 2009 H1N1 influenza pandemic, authorizing the Secretary of Health and Human Services to temporarily waive or modify certain Medicare, Medicaid, SCHIP, and HIPAA Privacy Rule requirements for the duration of the public health emergency. The proclamation cited rising illness rates threatening to overburden health care resources and required congressional certification and advance written notice when exercising these waiver authorities.

Federal Register Open PDF 74 FR 55439

Impact dates

  1. Secretary to provide certification and advance written notice to Congress when exercising section 1135 authority

Key directives

  • Secretary of HHS authorized to temporarily waive or modify Medicare requirements
  • Secretary of HHS authorized to temporarily waive or modify Medicaid requirements
  • Secretary of HHS authorized to temporarily waive or modify SCHIP requirements
  • Secretary of HHS authorized to temporarily waive or modify HIPAA Privacy Rule requirements
  • Secretary shall provide certification and advance written notice to Congress as required by section 1135(d) of SSA

Who is ordered

Timeline

Immediate

  • National emergency declaration takes effect
  • Secretary of HHS authorized to exercise section 1135 SSA waiver authority
  • Temporary waivers/modifications of Medicare, Medicaid, SCHIP, and HIPAA requirements become available

Near term (90d)

  • Secretary to provide certification and advance written notice to Congress when exercising authority
  • Potential implementation of emergency operations plans by health care facilities

Long term

  • Waivers remain in effect throughout duration of public health emergency declared in response to 2009 H1N1 pandemic

Risks & tensions

  • Potential tension between emergency health care flexibility and patient privacy protections under HIPAA
  • Unclear duration: waivers tied to public health emergency timeline rather than fixed date
  • Advance notice to Congress requirement may delay rapid response in some jurisdictions
Proclamation 8443: Declaration of a National Emergency With Respect to the 2009 H1N1 Influenza Pandemic · Executive Orders