In an effort to proactively address the ongoing pandemic, President Obama on Sunday signed a National Emergency Declaration on H1N1 influenza that allows healthcare systems to quickly implement disaster plans should they become overwhelmed.
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 (HHS) to waive certain regulatory requirements for healthcare facilities in response to the ongoing pandemic. Specifically, healthcare 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.
Waivers still require that specific requests be submitted to HHS and processed, and some state laws may need to be addressed as well. Requirements that may be waived include those related to Medicare, Medicaid or the Children’s Health Insurance Program (CHIP), the Emergency Medical Treatment and Active Labor Act (EMTALA), and the Health Insurance Portability and Accountability Act (HIPAA).