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Presidential Emergency Declaration and HHS Section 1135 Waiver Authorization
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Secretary Sebelius exercised her waiver authority under section 1135 of the Social Security Act, effective October 23, 2009. The Secretary has delegated to the Centers for Medicare & Medicaid Services (CMS) the determination for a waiver for each case justified by necessity and extent (other than for the Health Insurance Portability and Accountability Act [HIPAA] waivers permitted under section 1135). H1N1 Tracking Tool for State Agency (SA) Staffing: Attachment 1 contains a tracking tool to assist States in reporting any H1N1 influenza impact to their survey and certification activities.