ExecutiveOrdersEO
Proc 9994ProclamationTrump 45 · R

Proclamation 9994

Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak

This proclamation declares a national emergency concerning the COVID-19 outbreak, effective March 1, 2020, authorizing the Secretary of Health and Human Services to waive or modify certain Medicare, Medicaid, SCHIP, and HIPAA Privacy Rule requirements under section 1135 of the Social Security Act for the duration of the public health emergency. The declaration also requires congressional certification and advance notice when exercising this authority.

Federal Register Open PDF 85 FR 15337

Impact dates

  1. Certification and advance written notice to Congress when exercising 1135 authority

Key directives

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

Who is ordered

Timeline

Immediate

  • National emergency declared effective March 1, 2020
  • HHS Secretary authorized to waive/modify Medicare, Medicaid, SCHIP, and HIPAA requirements

Near term (90d)

  • HHS to provide certification and advance written notice to Congress when exercising 1135 authority
  • Hospitals and medical facilities to assess preparedness and surge capacity

Long term

  • Waivers and modifications remain in effect throughout duration of public health emergency

Risks & tensions

  • Vague on specific scope of waivers—'certain requirements' leaves broad discretion to HHS
  • Duration tied to public health emergency declaration, creating uncertainty on sunset
  • Potential tension between streamlined healthcare delivery and patient privacy protections under HIPAA
Proclamation 9994: Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak · Executive Orders