Survey and Certification Issues Related to Swine Flu Outbreak

Human cases of swine influenza A (H1N1) virus infection have been identified in several States in the United States, as well as internationally. Charles Johnson, the Acting Secretary of the U.S. Department of Health and Human Services, as a consequence of confirmed cases of swine influenza A (swH1N1) in California, Texas, Kansas, and New York, declared that a public health emergency exists nationwide. In emergencies where certain conditions precedent have been met, the Secretary of the Department of Health and Human Services may invoke his or her waiver authority under Section 1135 of the Social Security Act and delegate to CMS the authority to waive or modify certain survey and certification requirements. At this time the Secretary has not invoked the 1135 authority.