public health emergency declaration releases resources meant to handle an actual or potential public health crisis . Recent examples include incidents of flooding , severe weather , and the 2009 H1N1 influenza outbreak . Homeland Security Secretary Janet Napolitano described it as a " declaration of emergency preparedness . " The National Disaster Medical System Federal Partners Memorandum of Agreement defines a public health emergency as '' " an emergency need for health care medical services to respond to a disaster , significant outbreak of an infectious disease , bioterrorist attack or other significant or catastrophic event . For purposes of NDMS activation , a public health emergency may include but is not limited to , public health emergencies declared by the Secretary of HHS Health and Human Services under 42 U.S.C. 247d , or a declaration of a major disaster or emergency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( Stafford Act ) , 42 U.S.C. 5121-5206 ) . " '' The declaration of public health emergency in the March 2009 flood of the Red River in North Dakota was made under section 319 of the Public Health Service Act . Under section 1135 of the Social Security Act , this declaration permits the state government to request waivers of certain Medicare , Medicaid and CHIP requirements from the Centers for Medicare and Medicaid Services ( CMS ) Regional Office . Examples include allowing Medicare health plan beneficiaries to go out of network , allowing critical access hospitals to take more than the statutorily mandated limit of 25 patients , and not counting the expected longer lengths of stay for evacuated patients against the 96-hour average . In the swine flu outbreak , the declaration allowed the distribution of a federal stockpile of 12 million doses of Tamiflu to places where states could quickly get their share if they decide they need it , with priority going to the five states with known cases . Because Obama 's choice for Secretary of HHS , Kathleen Sebelius , had not yet been confirmed , the public announcement of the emergency was made by President Obama and Homeland Security Secretary Napolitano . However , the formal determination of a public health emergency was made by Charles Johnson , acting HHS secretary , under section 319 of the Public Health Service Act , 42 U.S.C. § 247d
March 2009 flood
2009 Red River flood
Public health emergency (United States)