PUBLIC LAW 107-188—JUNE 12, 2002 116 STAT. 627 inserting "the Secretary, in consultation with the Surgeon General,". (b) APPREHENSION AUTHORITY TO APPLY IN CASES OF EXPOSURE TO DISEASE. — (1) REGULATIONS PROVIDING FOR APPREHENSION OF INDIVID- UALS.— Section 361(d) of the Public Health Act (42 U.S.C. 264(d)), as amended by subsection (a)(2), is further amended— (A) by striking "(1)" and "(2)" and inserting "(A)" and "(B)", respectively; (B) by striking "(d)" and inserting "(d)(1)"; (C) in paragraph (1) (as designated by subparagraph (B) of this paragraph), in the first sentence, by striking "in a communicable stage" each place such term appears and inserting "in a qualifying stage"; and (D) by adding at the end the following paragraph: "(2) For purposes of this subsection, the term 'qualifying stage', with respect to a communicable disease, means that such disease— "(A) is in a communicable stage; or "(B) is in a precommunicable stage, if the disease would be likely to cause a public health emergency if transmitted to other individuals.". (2) REGULATIONS PROVIDING FOR APPREHENSION OF INDIVID- UALS IN WARTIME.— Section 363 of the Public Health Act (42 U.S.C. 266), as amended by subsection (a)(3), is further amended by striking "in a communicable stage". (c) STATE AUTHORITY. — Section 361 of the Public Health Act (42 U.S.C. 264) is amended by adding at the end the following: "(e) Nothing in this section or section 363, or the regulations promulgated under such sections, may be construed as superseding any provision under State law (including regulations and including provisions established by political subdivisions of States), except to the extent that such a provision conflicts with an exercise of Federal authority under this section or section 363.". SEC. 143. EMERGENCY WAIVER OF MEDICARE, MEDICAID, AND SCHIP REQUIREMENTS. (a) WAIVER AUTHORITY.— Title XI of the Social Security Act (42 U.S.C. 1301 et seq.) is amended by inserting after section 1134 the following new section: " AUTHORITY TO WAIVE REQUIREMENTS DURING NATIONAL EMERGENCIES "SEC. 1135. (a) PURPOSE. —The purpose of this section is to 42 USC i320b-5. enable the Secretary to ensure to the maximum extent feasible, in any emergency area and during an emergency period (as defined in subsection (g)( 1))— "(1) that sufficient health care items and services are available to meet the needs of individuals in such area enrolled in the programs under titles XVTII, XIX, and XXI; and "(2) that health care providers (as defined in subsection (g)(2)) that furnish such items and services in good faith, but that are unable to comply with one or more requirements described in subsection (b), may be reimbursed for such items and services and exempted from sanctions for such noncompliance, absent any determination of fraud or abuse. " (b) SECRETARIAL AUTHORITY.— To the extent necessary to accomplish the purpose specified in subsection (a), the Secretary
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