Re: Opinons & Discussion - Obama Declares Swine Flu Emergency
here has to be something new since the last one or why the need for an Executive Order? I want to see the order itself. Hopefully it will be published in the Federal Register early next week. I specifically want to see if it declares H1N1 as a quarantinable disease that would effectively give the CDC police powers.
Here's the 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
more
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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)).
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
# # #
Declaration Of A National Emergency With Respect To The 2009 H1N1 Influenza Pandemic (PDF)
em but not a whole lot of action. My friend in Canada who is in his fifties with no underlying health conditions and who is not a health care worker will receive his H1N1 from the health department there next week. His fellow monks some of whom are in their eighties and nineties will also receive the shot at the same time. I am here in the U.S.A. with chronic bronchitis and have no expectation of getting a shot until December at the earliest. What is it? Our system? or what?
