 As experts expected, H1N1 flu is moving rapidly throughout the
country and the majority of states now have
widespread
influenza activity. This declaration gives authority for the
Department of Health and Human
Services to waive certain regulatory requirements for health
care facilities in response the ongoing pandemic. Specifically,
health care facilities will be able to submit waivers to establish
alternate care sites and modified patient triage protocols, patient
transfer procedures and other actions that occur when they fully
implement disaster operations plans.Under
Section 1135 of the Social Security Act (42 USC §1320b–5) health
care facilities may petition for HHS approval of waivers in response
to particular needs within the geographic and temporal limits of the
emergency declarations. Before HHS has the authority to approve such
"1135 waivers," two conditions must be met: First, the secretary
must have declared a public health emergency; and second, the
president must have declared a national emergency either through a
Stafford Act Declaration or National Emergencies Act Declaration.
The 1135 waivers still require specific requests be submitted to HHS
and processed, and some state laws may need to be addressed as well.
The secretary may tailor authorities granted under Section 1135
waivers to match the specific situational needs, but the
requirements that may be waived include those related to Medicare,
Medicaid or the Children's Health Insurance Program, the Emergency
Medical Treatment and Active Labor Act, and the Health Insurance
Portability and Accountability Act.
Past instances where authority to grant Section 1135 waivers was
enabled:
-
Hurricane Katrina
(2005)
-
56th presidential
inauguration (2009)
-
Hurricanes Ike and
Gustav (2008)
-
North Dakota flooding (2009)
[Text from
The White House Blog] |
 |
