Proclamation 8443: Declaration of a National Emergency with Respect to the 2009 H1N1 Influenza Pandemic, October 23, 2009 [open pdf - 33KB]
"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... 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 [Social Security Act] 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 2009 H1N1 influenza pandemic."
Federal Register: http://www.gpoaccess.gov/fr/
Federal Register (October 28,2009), v.74 no.207, p.55439