HHS Swine Flu Talking Points 4/26/09

 

On April 26 Acting Secretary Charles E. Johnston declared a public health emergency as a proactive step to respond to the newly discovered Swine Influenza A virus (swine flu).

 

Under section 319 of the Public Health Service (PHS) Act, the Secretary of the Department of Health and Human Services can declare a public health emergency for a disease, disorder or bioterrorist attack.

 

A PHE declaration allows the Secretary to take certain actions to respond to the public health emergency, such as:

 

§         conducting and supporting investigations into the cause, treatment, or prevention of the disease or disorder;

§         granting waivers for certain prescription requirements,
granting extensions or waivers for certain Medicare, Medicaid, State Children’s Health Insurance Program (CHIP) and Health Insurance Portability and Accountability Act (HIPAA) requirements;

§         making grants;

§         entering into contracts;

§         waiving certain prescription and dispensing requirements, and

§         justifying an emergency use authorization of drugs, devices or medical tests that have not yet been approved by the FDA or that have been approved for a different disease or different medical condition.

 

A public health emergency declaration also allows the Secretary to access funds appropriated to the Public Health Emergency Fund, although currently there are no funds appropriated to this Fund. 

 

HHS has declared public health emergencies in the past for natural disasters, including Hurricanes Gustav and Ike in 2008 and, in 2009, for the Red River Basin floods in North Dakota and Minnesota.