Social Assistance and Community Services

The six quarters

In each of the six quarters, orders from appropriate governmental authorities limiting commerce, travel and group meetings due to COVID-19 were in force on the first day and on the last day, reaching every function of this industry in every State. This section states, for each quarter, the orders in force by layer, how they reached the functions, and the finding in Tri-State's terms. The third quarter of 2021 is treated at length, because the Service's letters most often say of that quarter that no orders were in effect, and because the record for this industry in that quarter is a list of instruments naming its settings and its workers in terms.

The second quarter of 2020

On April 1, 2020 the industry's congregate functions were closed by name in Iowa (adult day services and senior centers, from March 17), Maryland (senior centers from March 13; adult day care centers from March 16), Pennsylvania (adult day care centers, adult training facilities, vocational facilities, LIFE centers and senior community centers, from March 17), Ohio (older adult day care services and senior centers, and adult day support and vocational habilitation services in congregate settings, from March 21 and 24), Alabama (senior centers, from March 20), Louisiana (adult day care, adult day health care and PACE centers, from March 13), New Jersey (every licensed adult day health services facility, by county-by-county orders by the end of March), Kentucky (community and recreation centers, from 5:00 p.m. March 18), Miami-Dade County (congregate meal sites and community centers, from March 16), Minneapolis (adult day care centers including day training and habilitation centers, from March 17), Nassau County (senior centers, from March 13), Fairfax County (senior centers and adult day health care facilities, from March 16), Summit County and Salt Lake County (senior centers, from March 12 and 13), Milwaukee County (senior centers closed and dining sites carry-out only from March 16 and 17, as the County's own page records, Ex. MET-MKE-053, cited as context, with Wisconsin's Safer at Home order, Ex. WI-002, closing them by order from March 25), Louisville and Lexington (community and senior centers from March 13 to 16, by the Mayor's directives of March 16, Ex. MET-SDF-020, and as the cities' releases record, Ex. MET-SDF-026 and Ex. MET-SDF-035, cited as context; the Cabinet's order of March 17, 2020, Ex. KY-004, closed every community and recreation center in the Commonwealth from 5:00 p.m. March 18) and Orlando (community centers, from March 20); Miami-Dade added adult day care from 11:59 p.m. April 3.¹²³ In every other State the same functions were closed by category as non-essential congregate operations under the stay-at-home and closure orders then in force: California (March 19), Illinois (March 21), New York (March 22), Ohio (March 23), Washington (March 25), Delaware, Michigan and Indiana (March 24), Colorado (March 26), New Mexico (March 24), Oregon (March 23), Vermont (March 25), Wisconsin (March 25), Minnesota (March 27), Rhode Island (March 28), Kansas and Maryland (March 30), New Jersey (March 21), Massachusetts (March 24), Connecticut (March 23), Tennessee (March 31), Virginia (March 30), the District (April 1), Nevada (April 1), Georgia (April 3), Mississippi (April 3), Alabama (April 4), Missouri (April 6), South Carolina (April 7), and, in the States without stay-at-home orders, under the gathering caps and category closures of Iowa, Nebraska, North Dakota, South Dakota, Wyoming, Arkansas, Oklahoma and Utah.¹²⁴ The residential functions ran under CMS's QSO-20-23 of March 30, 2020, which directed every intermediate care facility to screen and restrict visitation and visiting service providers, and under the State visitation bans that swept group homes and intermediate care facilities in with nursing homes: Florida's Division of Emergency Management Order 20-006 (March 15), North Carolina's Executive Order 120 (March 25), Michigan's Executive Order 2020-7 (March 14), Colorado's Public Health Order 20-20 (March 12), New Hampshire's Executive Order 2020-04 (March 15), Arizona's Executive Order 2020-22 (April 7), Louisiana's State Health Officer notices, Los Angeles County's congregate health care facilities order (April 24), Minneapolis's Emergency Regulation 2020-11 (April 28) and California's PIN 20-08-ASC (March 18), which limited entry to adult and senior care facilities to "individuals who need entry."¹²⁵ The payer layer changed the same month: CMS approved Appendix K amendments to the States' section 1915(c) waivers with start dates from March 6, 2020, applying "to all individuals impacted by the virus or the response to the virus (e.g. closure of day programs, etc.)"; North Dakota and Minnesota issued the executive orders under which their agencies implemented the amendments; the section 1135 blanket waivers ran retroactively from March 1; and Congress redefined the congregate-meal participant under CARES Act § 3222 on March 27, 2020.¹²⁶ The shelter function ran under HUD's waiver memorandum of March 31, 2020 and under the non-congregate sheltering orders of Denver (March 21), Alaska (April 13), Alabama (April 16), Marion County (May 1) and King County (May 20 and 29, 2020).¹²⁷ The workforce ran under the FFCRA leave mandate from April 1, under the school and child-care closures of every State, under the stay-at-home orders themselves, and, in Indiana, under Executive Order 20-19's designation of every IDD, older-adult and mental-health support worker as a health care provider; the Social Security Administration's offices had closed to the public on March 17.¹²⁸ On June 30, 2020 adult day and senior centers remained closed by order in Ohio (to September 21), Maryland (to March 12, 2021), New Jersey (to June 15, 2021), Tennessee (senior centers to October 1), Vermont (adult day programs, not permitted to resume under the Amended and Restated Executive Order 01-20, as the Governor's release of June 17 recorded), Miami-Dade (to September 26), Minneapolis (to July 24) and Nassau County; Iowa's had reopened only "to the extent that the establishment complies with guidance issued by the Iowa Department of Public Health" from June 12; California's PIN 20-23-ASC of June 26 fixed testing, visitation, communal dining and face coverings at every adult and senior care facility; the residential visitation restrictions were in force everywhere; and Appendix K and the HUD waivers were in force in every State.¹²⁹

AD: closed by name in every jurisdiction listed in the preceding paragraph and by category everywhere else; congregate meals ended and converted to home delivery and grab-and-go under § 3222; senior-center activities cancelled. DD: day habilitation and vocational habilitation prohibited in congregate settings (Ohio) or closed under the stay-at-home orders and billed, where at all, under Appendix K's alternative-setting and retainer terms; visitors barred at every group home and intermediate care facility under QSO-20-23 and the State visitation orders, and communal dining and group activities suspended where the State and local orders so required (Ex. MET-LA-066; Ex. MET-MSP-008; Ex. DC-079). VR: vocational facilities closed (Pennsylvania), vocational habilitation prohibited (Ohio), sheltered work closed with the manufacturing customers of Michigan, Pennsylvania, New York, New Jersey and Ohio. FS: home visits, court appearances and benefits enrollment converted to telephone and video under the court orders, the telework mandates and the Social Security closure; child-welfare hearings continued. FD: congregate meal sites closed; food-bank volunteers over sixty-five confined; shelters converted to non-congregate operation under HUD's waivers and the county and State orders. TR: vans idle with the day programs closed; capacity fixed by gathering caps. PY: every waiver-funded service rebilled under Appendix K; every ESG and CoC rule rewritten. HR: background checks and staffing ratios waived (California); new hires screened; drivers' licensing offices closed. OP: intake, eligibility and case management moved to telephone under the telework mandates and the HUD waivers. WF: leave compelled from April 1; schools and child care closed; volunteers confined. CB: older adults and adults with disabilities ordered home and barred from visitors; funders under the same emergencies.

During the calendar quarter beginning April 1, 2020 and ending June 30, 2020, orders from appropriate governmental authorities limiting commerce, travel and group meetings due to COVID-19, namely the adult day, senior-center, day-habilitation, vocational-habilitation and sheltered-work closure orders (Ex. IA-002; Ex. IA-012; Ex. MD-002; Ex. MD-070; Ex. PA-002; Ex. PA-003 (with Ex. PA-081 as the Commonwealth's record of the March 17 closure); Ex. OH-019; Ex. AL-005; Ex. LA-049; Ex. NJ-081, reciting the Department of Health's county-by-county closure orders of March 2020; Ex. KY-004; Ex. MET-MIA-001; Ex. MET-MIA-006; Ex. MET-MSP-003; Ex. MET-NYC-053; Ex. MET-DCM-092), the stay-at-home and closure orders of every State (Ex. CA-007; Ex. IL-005; Ex. NY-002; Ex. OH-011; Ex. WA-016; Ex. DE-006; Ex. MI-011; Ex. IN-006; Ex. CO-012; Ex. NM-006; Ex. OR-007; Ex. VT-010; Ex. WI-002; Ex. MN-010; Ex. RI-010; Ex. KS-009; Ex. MD-007; Ex. NJ-004; Ex. MA-008; Ex. CT-007; Ex. TN-007; Ex. VA-006; Ex. DC-006; Ex. NV-012; Ex. SEC-16-054; Ex. MS-006; Ex. MS-009; Ex. AL-013; Ex. MO-004; Ex. PA-005; Ex. HI-004; Ex. ID-003; Ex. MT-009; Ex. AZ-010; Ex. AK-013; Ex. ME-011; Ex. NH-009; Ex. WV-009; Ex. NC-005; Ex. TX-008; Ex. OK-006; Ex. UT-004), the residential visitation and infection-control orders (Ex. SEC-04-013; Ex. FL-004; Ex. NC-004; Ex. MI-003; Ex. CO-002; Ex. NH-001; Ex. AZ-013; Ex. MET-LA-066; Ex. MET-MSP-008; Ex. SEC-24-007), the Appendix K amendments and the section 1135 waivers (Ex. SEC-04-078; Ex. SEC-24-008; Ex. ND-030; Ex. SEC-24-011; Ex. SEC-04-015), CARES Act § 3222 (Ex. SEC-24-002), HUD's waiver memorandum (Ex. SEC-24-001), the non-congregate sheltering orders (Ex. MET-DEN-004; Ex. AK-016; Ex. AL-016; Ex. MET-IND-008; Ex. MET-SEA-048; Ex. MET-SEA-049) and the federal leave mandate (Ex. FED-170; Ex. ECO-B-002; Ex. IN-017), caused a temporary delay, interruption or termination of a more than nominal portion of the operations of employers in this industry throughout the United States. They did so by closing the congregate day, meal and work programs that are the industry's principal revenue functions, by barring visitors and group activities from its residential programs, by rewriting the payment and grant terms of every waiver-funded and HUD-funded service, and by confining the people it serves, its volunteers and its workforce.¹³⁰

The third quarter of 2020

On July 1, 2020 the closures continued in Ohio, Maryland, New Jersey, Tennessee, Vermont, Miami-Dade and Minneapolis (to July 24), and in most States adult day programs remained excluded from or capacity-limited under the reopening phases; Louisiana's adult day care, adult day health care and PACE order continued "until further notice"; Florida's DEM Order 20-007 ratified the visitation ban; QSO-20-23 governed every intermediate care facility; Appendix K, the HUD waivers and the FFCRA mandate were in force; and the traveler quarantines of New York, New Jersey, Connecticut, Hawaii and Alaska governed the movement of staff and families.¹³¹ Reopening, where it came, came late and conditional: Delaware's Twenty-Fourth Modification of July 24, effective July 27, provided that "[s]enior centers, adult day centers and senior congregate nutrition programs may reopen" at 30 percent of fire occupancy; Minneapolis rescinded its adult day closure on July 24 on the strength of State guidance effective July 1; Ohio's phased reopening order for adult day care services and senior centers took effect September 21; and California's licensing agency issued the Adult Day Programs COVID-19 Guidelines on September 30 with initial reopening capacity of "no more than 50%" and screening at entry.¹³² The residential layer tightened: Florida's intermediate care facilities could admit no untested staff from August 24 and had to test every two weeks; Florida's visitation ban became conditional September 1; Louisiana bound intermediate care facilities to QSO-20-39-NH on September 18; New Jersey brought group-home pools under its standards July 1; Ohio required residential-care testing from August 24; Pennsylvania's Department of Health required baseline testing at every intermediate care facility by August 31 under its order of June 26, 2020; and Washington's Proclamation 20-66 of August 7 made the State's guidance binding on every community residential service and intermediate care facility.¹³³ HUD issued Notice CPD-20-08 on September 1 for the $3.96 billion in ESG-CV funds, and the CDC's eviction moratorium took effect September 4.¹³⁴ Statewide face-covering orders, the general airborne-transmission control on every workplace, bound every business in thirty-three jurisdictions as the quarter closed, as the Kaiser Family Foundation's table of October 1, 2020 records.¹³⁵ On September 30, 2020 Maryland's and New Jersey's adult day programs were closed, Tennessee's senior centers were closed to October 1, Ohio's were nine days into a phased reopening, California's operated under PIN 20-33-ASC, Delaware's at 30 percent, and every residential and payer condition above was in force.

AD: closed in Maryland, New Jersey, Tennessee and Miami-Dade; reopened at 30 percent (Delaware), under State guidance (Iowa, Minnesota), phased (Ohio from September 21) or at 50 percent with entry screening (California). DD: congregate day habilitation prohibited in Ohio and conditioned everywhere by Appendix K; residential visitation barred or conditioned; staff testing compelled in Florida, Ohio and Pennsylvania; Washington's guidance made binding. VR: vocational habilitation prohibited in Ohio; customer plants under reopening protocols. FS: courts remote; Social Security closed; family visits by video. FD: congregate meals converted; shelters under CPD-20-08 and the non-congregate orders; volunteers confined by the gathering caps and the face-covering and distancing orders. TR: vans at capacities fixed by the reopening orders; interstate travel of staff under quarantine orders. PY: Appendix K; CPD-20-08. HR: hiring under testing and screening conditions. OP: remote under the telework directives of the reopening frameworks. WF: leave mandate; schools remote or hybrid under mandatory fall frameworks. CB: older adults under continuing stay-home orders for persons over sixty-five in Georgia to June 12 and under visitation bans everywhere.

During the calendar quarter beginning July 1, 2020 and ending September 30, 2020, orders from appropriate governmental authorities limiting commerce, travel and group meetings due to COVID-19, namely the continuing adult day and senior-center closures (the Ohio Director's adult day support and vocational habilitation order of March 21, 2020 as amended, recited in Ex. OH-050 ¶ 5, with Ex. OH-101; Ex. MD-070; Ex. NJ-081, reciting the Department of Health's county-by-county closure orders of March 2020; Ex. TN-013; Ex. TN-018; Ex. TN-019; Ex. VT-010; Ex. VT-025 (the Amended and Restated Executive Order 01-20, under which adult day programs had not been permitted to resume; the Governor's release of June 17, 2020, Ex. VT-095, is the State's record of that fact, cited as context); Ex. MET-MIA-001; Ex. MET-MIA-006; Ex. MET-MSP-003; Ex. MET-NYC-053; Ex. LA-049), the conditional reopening orders (Ex. DE-028; Ex. DE-031; Ex. DE-056; Ex. IA-018; Ex. MET-MSP-011; Ex. OH-101; Ex. SEC-24-003), the residential visitation and testing orders (Ex. SEC-04-013; Ex. FL-028; Ex. FL-044; Ex. AGY-ST-HEALTH-SUBORDERS-077; Ex. LA-050; Ex. AGY-ST-HEALTH-SUBORDERS-026; Ex. OH-100; the Pennsylvania Department of Health's baseline-testing order of June 26, 2020; Ex. WA-043; Ex. SEC-24-006), the payer and grant instruments (Ex. SEC-04-078; Ex. SEC-24-008; Ex. SEC-24-010 (reciting CPD-20-08); Ex. SEC-24-002), the federal eviction moratorium (Ex. FED-022), the leave mandate (Ex. FED-171; Ex. FED-172) and the reopening frameworks and workplace infection-prevention and exposure-control orders (face coverings, screening and distancing) of every State, caused a temporary delay, interruption or termination of a more than nominal portion of the operations of employers in this industry throughout the United States. They did so by keeping the industry's congregate programs closed in the most populous Eastern States, by permitting reopening elsewhere only at fixed percentages of capacity under screening and distancing conditions, by conditioning every residential program on testing and visitation rules, and by holding every payer and grant term in its emergency form.¹³⁶

The fourth quarter of 2020

On October 1, 2020 Tennessee's senior centers reopened with capacity "limited to the extent necessary to accommodate adequate social distancing"; Maryland's and New Jersey's adult day programs were closed; Michigan's Department of Health and Human Services restricted entry into every congregate care facility from October 6 and issued its Requirements for Residential Care Facilities the same day; Florida's DEM Order 20-011 of October 22 fixed the visitation regime; and Appendix K, the HUD notice, the CDC moratorium and the FFCRA mandate were in force.¹³⁷ The winter re-tightening then reached this industry in terms: Indiana's Executive Order 20-48 provided that in Red counties "[s]enior care centers activities must be cancelled or suspended" from November 15, continued into 2021; Michigan's Gatherings and Face Mask Orders of November 15, December 7 and December 18, 2020 regulated soup kitchens; New Jersey's Executive Directive 20-034 of December 2 issued a standing testing order for covered facilities including developmental-disability settings; Kansas's Executive Order 20-69 required testing and screening at adult care homes including any "adult day care facility" from December 14; Minnesota's Executive Order 20-99 re-tightened gatherings and residential-facility rules from November 20; Colorado's Level Red prohibited personal gatherings and cut offices to 10 percent from November 20; California's Regional Stay at Home Order closed four regions from December 6; and closing hours, capacity cuts to 25 or 50 percent and gathering limits of ten took effect across the Northeast and South.¹³⁸ On December 31, 2020 those instruments were in force; the FFCRA mandate expired that day, and CMS's December 2020 guidance let Appendix K run to six months after the public health emergency.¹³⁹

AD: closed in Maryland and New Jersey; activities cancelled in every Red county of Indiana; capacity-limited in Tennessee, Delaware and California; testing compelled at Kansas adult day care facilities from December 14. DD: entry to every Michigan congregate care facility restricted; residential care requirements issued; testing at New Jersey developmental-disability settings; visitation conditioned in Florida. VR: customers re-closed or capped under the winter orders. FS: courts re-suspended jury trials and in-person proceedings; Social Security closed. FD: soup kitchens regulated under Michigan's gathering orders; shelters under CPD-20-08 and the winter gathering caps; holiday distributions under gathering limits of ten. TR: gathering caps; winter closures. PY: Appendix K; CPD-20-08. HR: testing and screening of new staff. OP: telework re-mandated (Pennsylvania, Rhode Island, Vermont, Washington, Oregon, Colorado, Iowa). WF: leave mandate to December 31; schools closed or remote in the winter surge. CB: residents under visitation restrictions; older adults under renewed stay-home advisories and gathering limits.

During the calendar quarter beginning October 1, 2020 and ending December 31, 2020, orders from appropriate governmental authorities limiting commerce, travel and group meetings due to COVID-19, namely the continuing adult day closures (Ex. MD-070; Ex. NJ-081, reciting the Department of Health's county-by-county closure orders of March 2020), the capacity-limited reopenings (Ex. TN-024; Ex. DE-031; Ex. DE-056; Ex. SEC-24-003; Ex. OH-101), the winter re-tightening orders (Ex. IN-046; Ex. IN-048; Ex. MI-060; Ex. MI-061; Ex. MI-062; Ex. AGY-ST-HEALTH-SUBORDERS-106; Ex. MI-051; Ex. MI-055; Ex. AGY-ST-HEALTH-SUBORDERS-031; Ex. KS-037; Ex. MN-032; Ex. FL-049), the residential and payer instruments (Ex. SEC-04-013; Ex. SEC-04-078; Ex. SEC-24-008; Ex. SEC-24-002; Ex. SEC-24-010 (reciting CPD-20-08); Ex. FED-022) and the leave mandate (Ex. FED-171), caused a temporary delay, interruption or termination of a more than nominal portion of the operations of employers in this industry throughout the United States. They did so by keeping the adult day programs of two of the most populous States closed, by cancelling senior-center activities county by county in Indiana, by restricting entry into every congregate care facility in Michigan and testing staff at adult day and developmental-disability settings in Kansas and New Jersey, and by re-imposing the gathering, capacity and telework rules under which every function of the industry had operated in the spring.¹⁴⁰

The first quarter of 2021

On January 1, 2021 Maryland's adult day care centers were closed (to March 12), New Jersey's adult day health services facilities were closed (to June 15), Ohio's adult day support, vocational habilitation, senior-center and adult day care orders were in force, Kansas's Executive Order 20-69 and its successor governed adult day care facility testing, Florida's DEM Order 20-011 governed visitation, Michigan's residential care orders were in force, QSO-20-23 governed every intermediate care facility, Indiana's Red-county cancellations continued, and Appendix K and HUD Notice CPD-20-08 governed the payer and shelter functions.¹⁴¹ The CDC's conveyance order took effect February 1, 2021, with the TSA directives, placing every participant van and every staff commute under its airborne-transmission controls.¹⁴² CMS replaced QSO-20-23's visitation restriction with QSO-21-14's conditional visitation on February 10, 2021.¹⁴³ Maryland permitted adult day care centers to reopen only from 5:00 p.m. March 12, 2021, under Department of Health directives that kept medical adult day care under face-covering rules, one of the exposure-control conditions of the reopening; Ohio's Director amended the adult day support and vocational habilitation order a second time on March 17, 2021; Florida rescinded its facility visitation regime on March 22, 2021; and Congress re-enacted the Suspension Clause for the third and fourth quarters of 2021 on March 11, 2021.¹⁴⁴ On March 31, 2021 New Jersey's adult day programs were closed, Ohio's orders were in force, Maryland's directives conditioned the reopened centers, QSO-21-14 governed every intermediate care facility, the conveyance order governed every van, and Appendix K governed every waiver-funded service.

AD: closed in Maryland to March 12 and in New Jersey throughout; Ohio's senior centers and adult day care under the phased order; Indiana's Red-county cancellations to early April; Kansas testing; capacity caps in Delaware and California. DD: Ohio's adult day support and vocational habilitation order in force and amended March 17; visitation conditioned by QSO-21-14 from February 10 and by the Michigan, Florida (to March 22), Kansas and New Jersey orders. VR: vocational habilitation prohibited in congregate settings in Ohio. FS: courts remote; Social Security closed. FD: shelters under CPD-20-08 and the CDC moratorium; congregate meals converted. TR: the conveyance order's airborne-transmission controls and the TSA directives from February 1. PY: Appendix K; QSO-21-14. HR: testing and screening of staff. OP: telework mandates in force to their stepped expiry. WF: schools hybrid or remote; conveyance order on commutes. CB: residents under conditional visitation; older adults under the face-covering and gathering orders of their States, the airborne-transmission and assembly controls on every indoor space they entered.

During the calendar quarter beginning January 1, 2021 and ending March 31, 2021, orders from appropriate governmental authorities limiting commerce, travel and group meetings due to COVID-19, namely the continuing adult day closures (Ex. MD-070; Ex. MD-027; Ex. NJ-081), the Ohio Director's orders (Ex. OH-101; Ex. OH-050 ¶¶ 5-7, reciting the Second Amended Director's Order on Adult Day Support Services and Vocational Habilitation Services signed March 17, 2021), the winter re-tightening orders in force into the quarter (Ex. IN-048; Ex. KS-037; the MDHHS Requirements for Residential Care Facilities orders of December 8, 2020 and March 2 and 17, 2021, the chain recited in Ex. MI-072; Ex. AGY-ST-HEALTH-SUBORDERS-031; Ex. FL-049; Ex. FL-055), the federal residential conditions (Ex. SEC-04-013; Ex. SEC-04-016), the conveyance order and the TSA directive (Ex. FED-020; Ex. FED-050), the payer and grant instruments (Ex. SEC-04-078; Ex. SEC-24-008; Ex. SEC-24-002; Ex. SEC-24-010 (reciting CPD-20-08); Ex. FED-022 as extended by the CDC Orders of January 29, 2021 (Ex. FED-023) and March 29, 2021 (Ex. FED-024)) and the Maryland directives (Ex. MD-051; Ex. MD-052), caused a temporary delay, interruption or termination of a more than nominal portion of the operations of employers in this industry throughout the United States. They did so by keeping the adult day programs of Maryland and New Jersey closed for the whole or most of the quarter, by keeping Ohio's adult day support and vocational habilitation order in force and amending it inside the quarter, by conditioning every intermediate care facility's visitation on the federal core principles, and by placing every participant van and staff commute under the federal conveyance order.¹⁴⁵

The second quarter of 2021

On April 1, 2021 Ohio's adult day support, vocational habilitation, senior-center and adult day care orders were in force (to June 2), New Jersey's adult day health services facilities were closed (to June 15), Kansas's Executive Order 21-15 governed adult day care facility testing, Arizona's Executive Order 2021-09 barred State and local vaccine-status conditions except where federal law required them, QSO-21-14 governed every intermediate care facility, ARPA § 9817's enhanced-match conditions took effect on every waiver-funded provider, and Appendix K and the HUD notice were in force.¹⁴⁶ Inside the quarter CMS added the vaccine-education, offering and reporting condition for every intermediate care facility effective May 21, 2021; Massachusetts's Commissioner of Public Health imposed face coverings, as an airborne-transmission control on the settings the Commonwealth kept regulating, from May 29, 2021 in "congregate care facilities or programs operated, licensed, certified, regulated, authorized, or funded by the Commonwealth," in emergency shelter programs and in EOHHS day programs; Colorado's Seventh Amended Public Health Order 20-20 of June 1 required surveillance and outbreak testing at "skilled nursing facilities, assisted living residences, intermediate care facilities, and group homes"; Ohio rescinded its adult day support, senior center and adult day care orders at 12:01 a.m. June 2; QSO-21-14 was revised June 3; New Jersey reopened adult day health services facilities under Executive Directive 21-007 on June 15, with PACE centers under Executive Directive 21-006, and the Legislature continued the Department's directives to January 11, 2022; Kansas's Secretary of Health and Environment continued adult-care-home testing, adult day care facilities included, by order of June 18; OSHA's Healthcare Emergency Temporary Standard took effect June 21; Delaware's emergency infection-control orders for licensed agencies were signed June 25 for effect July 1; and Michigan's Requirements for Residential Care Facilities order of May 21 remained in force when the general epidemic orders were rescinded June 22.¹⁴⁷ The general restrictions ended in most States between April 8 and June 30, 2021, as the States layer records; in this industry, what remained was the residential, licensing, payer and federal layer.¹⁴⁸ On June 30, 2021 the OSHA standard, QSO-21-14 as revised, the vaccine-offering condition, Appendix K, § 9817, HUD Notice CPD-20-08, the conveyance order and the TSA directive, Executive Directive 21-007, the Massachusetts face-covering order, the Colorado and Kansas testing orders, Michigan's residential care order, Washington's Proclamation 20-66 and Colorado's Fourth Amended Public Health Order 20-38 (effective the next day) were in force.

AD: closed in New Jersey to June 15 and reopened only under Executive Directive 21-007's protocols; Ohio's phased order to June 2; Kansas testing throughout; Massachusetts day programs under the Commonwealth's face-covering order from May 29; California under PIN 20-33-ASC's capacity and screening terms. DD: Ohio's order to June 2; QSO-21-14 and, from May 21, the vaccine-offering condition at every intermediate care facility; Colorado testing at group homes and intermediate care facilities from June 1; Michigan's residential care order; New Jersey's directives. VR: vocational habilitation prohibited in Ohio to June 2. FS: courts under continuing remote presumptions; Social Security closed. FD: shelters under the Massachusetts face-covering order from May 29 and under CPD-20-08 and the CDC moratorium; Washington's shelter face-covering order of May 15. TR: the conveyance order and the TSA directive. PY: Appendix K; § 9817. HR: vaccine-offering documentation from May 21; OSHA's screening and removal rules from June 21. OP: the standard's written plan and log from June 21. WF: schools under 2020-21 frameworks to their June ends; the conveyance order's airborne-transmission controls on every transit commute. CB: residents under conditional visitation and vaccine-offering rules.

During the calendar quarter beginning April 1, 2021 and ending June 30, 2021, orders from appropriate governmental authorities limiting commerce, travel and group meetings due to COVID-19, namely the Ohio Director's orders to June 2 (Ex. OH-101; Ex. OH-050 ¶¶ 5-7, reciting the Second Amended Director's Order on Adult Day Support Services and Vocational Habilitation Services signed March 17, 2021), the New Jersey closure to June 15 and the reopening directives thereafter (Ex. NJ-081; Ex. AGY-ST-HEALTH-SUBORDERS-059; Ex. AGY-ST-HEALTH-SUBORDERS-060; Ex. NJ-053), the testing and face-covering orders on adult day, group-home, intermediate-care and shelter settings (Ex. KS-037 as reissued April 1, 2021 by Executive Order 21-15, announced in Ex. KS-047 (context); Ex. KS-052; Ex. CO-042; Ex. MA-050; Ex. MA-054; Ex. MI-072; Ex. WA-063), the federal conditions (Ex. SEC-04-016; Ex. SEC-04-008; Ex. FED-094; Ex. FED-163; Ex. SEC-04-014; Ex. FED-080), the payer and grant instruments (Ex. SEC-04-078; Ex. SEC-24-008; Ex. FED-174; Ex. SEC-24-002; Ex. SEC-24-010 (reciting CPD-20-08); Ex. FED-024 (the CDC eviction moratorium as extended March 29, 2021 to June 30, 2021, the predecessor of Ex. FED-025, which took effect July 1, 2021)), the conveyance order and TSA directives (Ex. FED-020; Ex. FED-050; Ex. FED-051) and Arizona's Executive Order 2021-09 (Ex. AZ-040), caused a temporary delay, interruption or termination of a more than nominal portion of the operations of employers in this industry throughout the United States. They did so by keeping the adult day programs of New Jersey closed for eleven of the quarter's thirteen weeks and those of Ohio under the Director's orders for nine, by conditioning every intermediate care facility on federal visitation and vaccine-offering rules, by compelling testing at adult day and group-home settings in Kansas and Colorado and face coverings, the airborne-transmission control the Commonwealth kept on every congregate program and shelter, and by placing every health care setting in the industry under the federal occupational standard from June 21.¹⁴⁹

The third quarter of 2021

From July 1 through September 30, 2021 the operation of every employer in social assistance and community services in the United States was partially suspended due to orders from appropriate governmental authorities in force on every day of the quarter. Congress re-enacted the Suspension Clause for this quarter on March 11, 2021 in the same words it used in March 2020, and left it in place when it terminated the fourth quarter on November 15, 2021. The Service's letters describe this quarter as one in which no order was in effect. For this industry the description is false in every State on every day. On July 1, 2021 every adult day health center, intermediate care facility and group home with nursing services in the country was under a federal occupational standard ten days old, with compliance dates five and twenty days ahead; every intermediate care facility was under a federal visitation condition revised four weeks earlier and a federal vaccine-offering and reporting condition six weeks old; every waiver-funded day, residential and transportation service in every State was billed under an Appendix K amendment; every adult day health services facility in New Jersey operated under reopening protocols sixteen days old; every homeless shelter in Colorado, Massachusetts, North Carolina, New Jersey and Washington was under a State face-covering order, an airborne-transmission control on the setting; every participant van and staff commute in the nation was under the federal conveyance order's controls; and the Social Security offices through which benefits are obtained were closed to the public. On September 30, 2021 every one of those instruments was still in force, HUD had rewritten the shelter rules inside the quarter, and the workforce of seventeen jurisdictions had been placed under vaccination or testing mandates issued inside the quarter, nine of them naming adult day, group-home, congregate-setting or shelter workers in terms.

A. The premise and the statute

The Service's form sentence for this quarter is that "there were no government orders related to COVID-19 in effect during the quarter(s) you claimed ERC which could have fully or partially suspended your trade or business."¹⁵⁰ The premise derives from the end of the general orders on the public. Between May 2021 and July 1, 2021 New Jersey, New York, California, Illinois, Pennsylvania, Massachusetts, Michigan, Minnesota, Washington, Oregon, Colorado and most other States ended their capacity limits, gathering caps and general face-covering rules, and the Kaiser Family Foundation's table for July 2, 2021 records no State with a stay-at-home order and only a handful with statewide face-covering requirements, the general airborne-transmission control on the public.¹⁵¹ The Service treats the end of that layer as the end of the orders. The table records the end of one layer of them, the general orders on the public, and nothing else. For this industry the premise fails at the threshold: the orders on this industry were never only the general orders. They were the licensing conditions on which its congregate programs had been permitted to reopen, the federal conditions of participation and the occupational standard on its residential and health functions, the Appendix K amendments on its payers, the grant conditions on its shelters and the face-covering, testing and vaccination rules on the congregate settings that the States kept when they released the public; and none of those ended with the reopening dates.

Section 3134(c)(2)(A)(ii)(I) of the Code, enacted March 11, 2021 for calendar quarters beginning after June 30, 2021, is word for word the CARES Act clause; section 3134(n) fixed its application to wages paid before January 1, 2022, and section 80604 of the Infrastructure Investment and Jobs Act moved that date to October 1, 2021 for every employer other than a recovery startup business.¹⁵² The Service itself carried the suspension rules into the quarter: Notice 2021-49 states that the rules of Notice 2021-20 "continue to apply for the third and fourth calendar quarters of 2021" and restates the Suspension Clause for them, and Notice 2021-65 states that the suspension rules "no longer apply for the fourth calendar quarter of 2021," which is a statement that they applied for the third.¹⁵³ Congress chose the clause for this quarter against a record in which the adult day programs of New Jersey had been closed for a year, the Ohio Director's orders on adult day support and vocational habilitation were in force and were amended six days later, and Appendix K governed every waiver in the country. The seven elements of the clause are proved for this quarter by the instruments that follow.

B. The instruments in force

B-1. The OSHA Healthcare Emergency Temporary Standard, 29 C.F.R. § 1910.502. Issuer: the Secretary of Labor, through OSHA, under 29 U.S.C. § 655(c). Dates: published and effective June 21, 2021; compliance required by July 6, 2021 for every provision except the physical-barrier, ventilation and training provisions, required by July 21, 2021; non-recordkeeping provisions withdrawn December 27, 2021. Operative clause: "This section applies to all settings where any employee provides healthcare services or healthcare support services," which reached every adult day health center, every intermediate care facility, every group home in which nursing or health care support services are provided and every day program with a nursing component. The standard required each employer to develop and implement a COVID-19 plan for each workplace, to designate a safety coordinator, to conduct a hazard assessment, to limit and monitor points of entry and to screen and triage everyone who entered, residents, delivery people and other visitors included, to provide and require facemasks and respirators, to ensure six feet of distance indoors where feasible, to install cleanable or disposable solid barriers at fixed work locations outside direct care, to clean and disinfect, to review ventilation, to screen every employee before each shift, to remove employees with symptoms or positive tests and pay medical removal protection benefits, to keep a COVID-19 log, and to report work-related fatalities and hospitalizations.¹⁵⁴ Enforcement: citation and penalty under 29 U.S.C. § 666, through the inspection directive of June 28, 2021.¹⁵⁵ Status: in force July 1, 2021; in force September 30, 2021. Functions: AD, DD, HR, OP, WF, CB.

B-2. The federal conditions on intermediate care facilities. Issuer: CMS, under 42 C.F.R. part 483, subparts I and G, and the Secretary by interim final rule. Dates and operative clauses: QSO-21-14, issued February 10, 2021 and revised June 3, 2021, permitted visitation at intermediate care facilities only subject to "core principles of COVID-19 infection prevention," with screening of all who enter, face coverings, physical distancing and limits during outbreaks; 42 C.F.R. § 483.460(a)(4), effective May 21, 2021, required every intermediate care facility to educate residents and staff about the COVID-19 vaccine, to offer it and to report vaccination status; the section 1135 blanket waivers, retroactive to March 1, 2020, continued for the duration of the public health emergency, which the Secretary renewed effective July 20, 2021.¹⁵⁶ Enforcement: survey and certification; termination and payment sanctions under part 488. Status: in force July 1 and September 30, 2021. Functions: DD, HR, OP, CB.

B-3. Appendix K, the enhanced match and the payer layer. Issuer: CMS, by approval of each State's Appendix K amendment under Social Security Act § 1915(c); Congress, by ARPA § 9817. Dates and operative provisions: the Appendix K amendments, approved for every State and the District from March 2020 with start dates such as Pennsylvania's March 6, 2020, ran under CMS's December 2020 guidance to six months after the public health emergency and, in Pennsylvania's final form, to an anticipated end date of May 11, 2023; they authorized day habilitation and other congregate services to be delivered in participants' homes, retainer payments in place of attendance billing, remote assessments and monitoring, and the suspension of visitor requirements in provider-owned settings; ARPA § 9817 conditioned a ten-percentage-point increase in the federal medical assistance percentage for home and community-based services from April 1, 2021 through March 31, 2022 on State spending plans that reached every waiver provider.¹⁵⁷ Status: in force July 1 and September 30, 2021, in every State. Functions: PY, DD, AD, TR, OP, CB.

B-4. HUD Notice CPD-21-08, CARES Act § 3222 and the eviction moratoria. Issuer: HUD's Office of Community Planning and Development, under the CARES Act's ESG appropriation and 24 C.F.R. part 576; Congress; the CDC under 42 U.S.C. § 264. Dates and operative clauses: Notice CPD-21-08 of July 19, 2021 "supersedes Notice CPD-20-08, published on September 1, 2020, and reestablishes the allocation formula and amounts and reestablishes and announces new requirements for the $3.96 billion" in ESG-CV funds, which "must be used to prevent, prepare for, and respond to coronavirus among individuals and families who are homeless or receiving homeless assistance"; it continued the temporary-emergency-shelter authority, lifted the January 31, 2022 limit on shelter costs, waived initial habitability inspections for homelessness prevention and fixed the written standards under which every ESG-CV shelter and re-housing provider operated, "effective until amended, superseded, or rescinded"; CARES Act § 3222's homebound redefinition and 100 percent transfer authority ran for the duration of the section 319 emergency; the CDC's eviction moratorium ran to July 31, 2021 and its successor order for counties of substantial or high transmission from August 3 to August 26, 2021, governing the homelessness-prevention caseloads of every provider.¹⁵⁸ Status: CPD-21-08 in force from July 19 to September 30; CPD-20-08 in force July 1 to July 18; § 3222 in force every day; the CDC orders July 1 to 31 and August 3 to 26, 2021. Functions: FD, FS, OP, PY, CB.

B-5. The federal conveyance order and the TSA directives. Issuer: the CDC under 42 U.S.C. § 264 and 42 C.F.R. § 70.2; the TSA. Dates: the order of January 29, 2021, effective February 1, 2021 "until further notice"; TSA Security Directive SD 1582/84-21-01A, effective May 12, 2021 and expiring September 13, 2021, and SD 1582/84-21-01B, effective September 14, 2021 through January 18, 2022. Operative clause: "A conveyance operator transporting persons into and within the United States must require all persons onboard to wear masks for the duration of travel." Status: in force on every day of the quarter. Functions: TR, WF.¹⁵⁹

B-6. The federal workplace and contractor rules and the entry and border layer. Issuer: the President; OMB; the Safer Federal Workforce Task Force; DHS. Dates and operative clauses: Executive Order 13991 imposed the exposure-control conditions of every federal workplace, masks and distancing of every person in federal buildings; OMB M-21-25 of June 10, 2021 required agency reentry plans; the Task Force's revised principles of July 29, 2021 reinstated masks for all persons in federal buildings in areas of substantial or high transmission and required attestation of vaccination status by employees and onsite contractors, the exposure-control conditions of every federal building and contract site; Executive Orders 14042 and 14043 of September 9, 2021 directed contractor and federal-employee vaccination with obligations arising after the quarter; Proclamations 9984, 9992, 10143 and 10199 suspended entry from China, Iran, the Schengen Area, the United Kingdom, Ireland, Brazil, South Africa and India on every day; and the DHS land-border notifications of June 23, July 22, August 23 and September 22, 2021 prohibited non-essential land travel from Canada and Mexico on every day.¹⁶⁰ These instruments reached the AbilityOne and federal-facility contracts of the sheltered-work function, the programs sited in federal buildings, and the cross-border workforce and suppliers. Status: in force on every day of the quarter, except that the September 9 executive orders imposed no private obligation before October 15, 2021. Functions: VR, HR, WF, FD.

B-7. California. Issuer: the State Public Health Officer under Health and Safety Code §§ 120125, 120140 and 131080; the Department of Public Health; the Department of Social Services, Community Care Licensing Division, under Health and Safety Code §§ 1500 et seq.; the Los Angeles County and Marin County Health Officers. Dates and operative clauses: the State Public Health Officer's order of July 26, 2021 named adult day health centers and homeless shelters among the settings whose workers were to verify vaccination status and, if unvaccinated, test weekly, effective August 9, 2021; the order of August 5, 2021 required workers in health care facilities including intermediate care and adult day health facilities to be fully vaccinated by September 30, 2021; the Department of Public Health's face-coverings guidance of July 28, 2021 required face coverings in emergency shelters and adult day programs, an airborne-transmission control on those settings; PIN 21-33-ASC of July 27, 2021 applied the July 26 order to every licensed adult day program ("The State Public Health Officer Order takes effect on August 9, 2021. Providers must be in full compliance with this PIN by August 23, 2021."), requiring vaccination verification, weekly testing of unvaccinated staff, respirators and participant masking; the State Public Health Officer's order of September 28, 2021 and PIN 21-44-ASC of the same date required every adult and senior care facility worker, including the staff of adult residential facilities serving people with developmental disabilities, to be vaccinated, with second doses by November 30, 2021 and weekly testing of exempt workers; the Cal/OSHA COVID-19 Prevention Emergency Temporary Standard as readopted June 17, 2021 bound every employer; the Los Angeles County Health Officer ordered on August 12, 2021 that every employer of health care and home care workers require vaccination by September 30, 2021, and its licensed congregate health care facilities order of April 24, 2020 remained in force; and the Marin County Health Officer required shelter and public-sector employers to verify vaccination and test unvaccinated personnel weekly from August 20, 2021.¹⁶¹ Enforcement: misdemeanor under Health and Safety Code § 120295; licensure action under § 1550 et seq. Status: in force September 30, 2021, the July 26 and July 28 instruments from their dates and the September 28 instruments from that day. Functions: AD, DD, FD, HR, WF, PY, CB.

B-8. New Jersey. Issuer: the Governor under the Emergency Health Powers Act and the Disaster Control Act; the Commissioner of Health under N.J.S.A. 26:13-12. Dates and operative clauses: Executive Directive 21-007 of June 15, 2021 fixed the screening, personal-protective-equipment, reporting and infection-control protocols on which every adult day health services facility operated, with license suspension as the sanction, and Executive Directive 21-006 did the same for PACE centers, both continued to January 11, 2022 by P.L. 2021, c. 103; Executive Order 242, ¶ 13, kept face coverings in health care, correctional, shelter and transit settings after the general mandate ended May 28, 2021, the airborne-transmission control the State retained on the settings it continued to regulate, and Executive Order 243 carried Executive Order 192's workplace infection-prevention and exposure-control requirements for unvaccinated or unverified employees and its daily health checks; Executive Order 252 of August 6, 2021 required, effective September 7, 2021, that covered health care and congregate settings, defined to include "licensed community residences for individuals with intellectual and developmental disabilities," "licensed community residences for adults with mental illness" and "certified day programs," maintain a policy requiring covered workers "to either provide adequate proof that they have been fully vaccinated or submit to COVID-19 testing at minimum one to two times weekly"; Executive Order 251 of August 6, 2021 required masks in every school from August 9, one of the 2021-22 masking, testing and quarantine controls of B-18; and the State of Emergency continued throughout.¹⁶² Enforcement: N.J.S.A. App. A:9-49 and 9-50 (disorderly persons offense; fines and imprisonment); licensure. Status: in force September 30, 2021, Executive Directives 21-006 and 21-007 and Executive Orders 242 and 243 on every day, Executive Order 252 from September 7. Functions: AD, DD, FD, HR, WF, PY, CB.

B-9. New York. Issuer: the Department of Health and the Public Health and Health Planning Council under Public Health Law §§ 206 and 2801; the Commissioner; the New York City Department of Health and Mental Hygiene. Dates and operative clauses: 10 NYCRR Subpart 66-3 kept face coverings in listed settings to August 27, 2021, an airborne-transmission control on those settings that the Commissioner's Determination under 10 NYCRR 2.60 carried forward that day; 10 NYCRR Subpart 66-4 of July 30, 2021 required nursing homes and adult care facilities to offer and record vaccination of residents and personnel; 10 NYCRR 2.61 of August 26, 2021 provided that "[c]overed entities shall continuously require personnel to be fully vaccinated against COVID-19," with covered entities defined to include adult care facilities, hospitals, nursing homes and Article 36 agencies, with deadlines of September 27 and October 7, 2021; the Commissioner's Determination of August 27, 2021 under 10 NYCRR 2.60 required face coverings in homeless shelters, correctional facilities and other listed settings, an airborne-transmission control enforced by a $1,000 per-violation per-day penalty; 10 NYCRR 2.9 and 2.62 of September 2, 2021 required weekly testing of unvaccinated school staff and daily reporting; the New York City Commissioner's order of August 10, 2021 required from August 16 that "each staff member or contractor working at a residential or a congregate setting" operated by or under contract with the Department of Homeless Services, the Human Resources Administration and the Department of Health and Mental Hygiene provide proof of vaccination or a weekly negative PCR test, reaching the not-for-profit shelter and supportive-housing operators; and the Key to NYC orders of August 16 and 25, 2021 exempted senior centers and community centers by name, an exemption that identifies them as settings the City regulated.¹⁶³ Enforcement: Public Health Law § 12 civil penalties; § 2.60's $1,000 per day; licensure. Status: in force September 30, 2021. Functions: AD, DD, FD, HR, WF, CB.

B-10. Illinois. Issuer: the Governor under the Illinois Emergency Management Agency Act; the Chicago and Cook County Departments of Public Health. Dates and operative clauses: Executive Order 2021-20 of August 26, 2021 defined "Health Care Facility" to include adult day care centers, required their workers to be vaccinated or tested weekly and required face coverings in congregate facilities; Executive Order 2021-22 of September 3, 2021 restated it with a first-dose date of September 19; Executive Order 2021-23 of September 17, 2021 re-issued every order in force through October 16, 2021; the universal indoor face-covering mandate, an airborne-transmission control on every indoor workplace, took effect August 30, 2021; Executive Order 2021-18 of August 4, 2021 required masks in every school, one of the 2021-22 masking, testing and quarantine controls of B-18; the disaster proclamation was renewed every thirty days; Executive Order 2020-09's telehealth provisions were re-issued monthly; the State announced on August 4, 2021 that its own employees in congregate settings, developmental centers among them, must be vaccinated by October 1, 2021, an announcement that fixed hiring and scheduling decisions inside the quarter; Chicago's Phase 5 order of June 11, 2021 kept its workplace infection-prevention requirements on congregate facilities and transit, masks mandatory and screening every shift; and Cook County's order of August 20, 2021 re-imposed face coverings countywide, an airborne-transmission control on every indoor workplace in the County.¹⁶⁴ Enforcement: the Act's penalties; licensure. Status: in force September 30, 2021. Functions: AD, DD, FD, HR, WF, CB.

B-11. Massachusetts. Issuer: the Commissioner of Public Health under the Governor's declaration of May 28, 2021 under General Laws chapter 17, § 2A; the Executive Office of Health and Human Services; the Governor; the Department of Elementary and Secondary Education. Dates and operative clauses: the face-covering order of May 28, 2021, effective May 29 and reissued June 14, 2021, imposed, as an airborne-transmission control on the settings the Commonwealth kept regulating, face coverings in "congregate care facilities or programs operated, licensed, certified, regulated, authorized, or funded by the Commonwealth," in emergency shelter programs and in EOHHS day programs; Public Health Emergency Order No. 2021-4 of August 4, 2021 required nursing-home personnel to be fully vaccinated by October 10, 2021; 101 CMR 23.00 of August 13, 2021 required vaccination of staff at certain agency facilities; Executive Order 595 of August 19, 2021 required vaccination of State employees; the Department of Elementary and Secondary Education required masks of students and staff from August 25, 2021, one of the 2021-22 masking, testing and quarantine controls of B-18; 105 CMR 159.000 of September 8, 2021 required vaccination of home care agency workers by October 31, 2021; Public Health Emergency Order No. 2021-8 of September 15, 2021 suspended G.L. c. 94C, § 7 in part "to address staffing shortages in Community Programs" so that staff not certified under the Medication Administration Program could administer medications; and the long-term care control order reissued June 14, 2021 continued.¹⁶⁵ Status: in force September 30, 2021. Functions: AD, DD, FD, HR, WF, PY.

B-12. Colorado. Issuer: the Department of Public Health and Environment under C.R.S. § 25-1.5-102; the Board of Health; the Denver Department of Public Health and Environment. Dates and operative clauses: Public Health Order 20-38 in its Fourth Amended form (effective July 1, 2021), Fifth Amended form (effective August 1) and Sixth Amended form (effective September 1, 2021) imposed as an exposure-control requirement on homeless shelters and health care settings the masking of unvaccinated persons and provided that "All employers must implement the face covering requirements"; the Seventh Amended Public Health Order 20-20 of June 1, 2021 required surveillance and outbreak testing of staff and residents at "skilled nursing facilities, assisted living residences, intermediate care facilities, and group homes," superseded by the Eighth Amended order of September 27, 2021; the Board of Health's emergency rule of August 30, 2021 required a first dose by September 30, 2021 of every employee, direct contractor and support staff member of a licensed health facility; and Denver's Public Health Order of August 2, 2021 required vaccination by September 30, 2021 of the personnel of "shelters for people experiencing homelessness, including day and overnight shelters," among other entities.¹⁶⁶ Status: in force September 30, 2021; the Seventh Amended Public Health Order 20-38, issued September 30 with effect October 1, 2021, is not relied on for any day of the quarter. Functions: DD, FD, HR, WF, CB.

B-13. New Mexico. Issuer: the Secretary of Health under the Public Health Act; the Governor. Dates and operative clauses: the order of June 30, 2021, effective July 1, kept mandatory COVID-Safe Practices for "all businesses, establishments, and non-profit entities" with masks for the unvaccinated among those workplace infection-prevention requirements, under a $5,000 per-violation penalty; the order of August 17, 2021 provided that "[a]ll hospital workers, congregate care facility workers, and employees of the Office of the Governor ... are required to be fully vaccinated," defining congregate care facilities to include nursing homes, assisted living, "adult day care," hospice, rehabilitation, residential treatment centers and community homes, and required school workers to be vaccinated or tested, amended September 15, 2021; the universal indoor face-covering mandate, an airborne-transmission control on every indoor workplace, returned August 20, 2021; and State employees were under vaccinate-or-test from August 2, 2021.¹⁶⁷ Status: in force September 30, 2021. Functions: AD, DD, HR, WF, CB.

B-14. Rhode Island, Connecticut and Delaware. Rhode Island's Department of Health adopted 216-RICR-20-15-8 on August 17, 2021, requiring every worker in a licensed health care facility, expressly including "adult day care," to be vaccinated by October 1, 2021 and, until then, to mask and test; the Governor declared a variant emergency and required school masks on August 19, one of the 2021-22 masking, testing and quarantine controls of B-18, and issued the executive orders of August 26 and September 24, 2021; the State emergency ran through September 30, 2021.¹⁶⁸ Connecticut's Executive Order 13A of August 5, 2021 required face coverings in homeless shelters and other settings, an airborne-transmission control on every listed setting; the Department of Public Health ordered universal masking in every school, child-care facility, health-care setting, shelter, correctional facility and transit hub on August 7, 2021, an airborne-transmission control on each of those settings; Executive Order 13B of August 6, 2021 required long-term care facility staff to be vaccinated by September 7, replaced by Executive Order 13F of September 3, 2021, which defined "long-term care facility" to include intermediate care facilities and fixed September 27, 2021 as the date under a penalty of up to $20,000 per day; and Executive Order 13D of August 19, 2021 required State employees and school and child-care staff to be vaccinated or tested weekly from September 27, 2021.¹⁶⁹ Delaware's emergency infection-control orders for licensed agencies took effect July 1, 2021 for 120 days, with the parallel amendment of the adult day care regulation effective the same day; the Twenty-Ninth Modification's setting-specific face coverings and business exclusion duties, its exposure-control requirements, ran to July 13, 2021; the Governor declared a public health emergency July 12, 2021; universal K-12 and child-care masks took effect August 15 and 16, 2021, one of the 2021-22 masking, testing and quarantine controls of B-18; and the Secretary's order of September 10, 2021, effective September 30, provided that "adult day care facility staff must either provide evidence of COVID-19 vaccination, or undergo regular testing," alongside parallel orders for aide-only home health agencies and personal assistance services agencies.¹⁷⁰ Status: in force September 30, 2021, the Rhode Island and Connecticut instruments from their dates and the Delaware adult day care order from September 30. Functions: AD, DD, FD, HR, WF, PY.

B-15. Maryland, the District of Columbia and Pennsylvania. Maryland's Order 21-03-09-02, under which adult day care centers had reopened March 12, 2021, remained in force to 11:59 p.m. August 15, 2021, with the emergency; the Secretary of Health's Amended Directives Regarding Vaccination Matters required staff of State congregate facilities (August 5), hospitals and nursing homes (August 18) and certain residential facilities (September 8, 2021) to show proof of a first dose by September 1, 2021 or be tested and masked; and Directive 2021-06-15-03 ran to December 31, 2021.¹⁷¹ The District's indoor face-covering order, an airborne-transmission control on every indoor space, returned July 31, 2021; Mayor's Order 2021-099 of August 10, 2021 required District employees, contractors, interns and grantees to certify vaccination by September 19, 2021; and the public emergency was extended to October 8, 2021.¹⁷² Pennsylvania's Appendix K remained in force; the Commonwealth required vaccination or testing of its employees in health and congregate facilities from September 7, 2021; the Acting Secretary of Health ordered face coverings in every school and child-care program from September 7, 2021, one of the 2021-22 masking, testing and quarantine controls of B-18; Act 21 carried regulatory suspensions to September 30, 2021 and Act 73 of that date continued them; and Philadelphia's Board of Health regulation of August 16, 2021 required vaccination of health care workers and, through the Full Reopening Order, kept face coverings in congregate settings, an airborne-transmission control on those settings.¹⁷³ Status: in force September 30, 2021, except Maryland's Order 21-03-09-02, in force July 1 to August 15, 2021. Functions: AD, DD, HR, WF, PY.

B-16. Washington, Oregon and the other Western States. Washington's Proclamation 20-66 made the State's guidance binding on every "certified community residential services and support" provider and every intermediate care facility throughout the emergency; the Phase 3 caps ended June 30, 2021 under Proclamation 20-25.13, and Proclamation 20-25.14, Washington Ready, of July 1, 2021 kept the exposure-control requirements of face coverings in listed settings and employer verification of vaccination before unmasked work; the Secretary of Health's Order 20-03.3 ran to August 22 and Order 20-03.4 imposed face coverings on every person indoors from August 23, 2021, an airborne-transmission control on every indoor workplace, with Proclamation 20-25.15 prohibiting every business from admitting an unmasked person; Proclamations 21-14 and 21-14.1 of August 9 and 20, 2021 required every health care provider, long-term care worker, State worker and K-12, child-care and college worker to be vaccinated by October 18, 2021; and King County's Health Officer's non-congregate and emergency-food orders of May 2020 and face-covering orders of September 2, 2021, effective September 7 (Ex. MET-SEA-002), airborne-transmission controls on every indoor space in the county, governed the largest metropolitan area.¹⁷⁴ Oregon's OAR 333-019-1010 of August 5, 2021 required vaccination or weekly testing of health care providers and staff, reaching adult foster homes and residential care, replaced August 25, 2021 by a vaccination requirement effective October 18; OAR 333-019-1025 of August 11, 2021 required face coverings indoors from August 13; and Oregon OSHA renewed its occupational face-covering rule, an occupational-health and airborne-transmission control on every Oregon workplace, on August 13, 2021.¹⁷⁵ Nevada's Directive 047 required face coverings indoors in substantial- and high-transmission counties from July 30, 2021, an airborne-transmission control on every indoor workplace in those counties; Hawaii's proclamation of August 5 and Executive Order 21-05 of August 10, 2021 reimposed gathering caps of ten indoors and twenty-five outdoors; Arizona's Executive Order 2021-09 barred State and local vaccine-status conditions except as federal law required to September 29, 2021; Idaho's Stage 4 Stay Healthy Guidelines kept the long-term care rules; Montana's House Bill 702 exempted licensed facilities including intermediate care facilities from its bar on vaccination-status conditions (Ex. MT-072), as the Department of Public Health and Human Services' letter of July 28, 2021 recorded (Ex. MT-071, context); and Alaska's public health emergency order of April 30, 2021 continued.¹⁷⁶ Status: in force September 30, 2021 as dated. Functions: AD, DD, FD, HR, WF, CB.

B-17. The Midwest and South. Kansas's Secretary of Health and Environment's order of June 18, 2021 required testing at adult care homes including adult day care facilities "until otherwise modified, supplemented and/or rescinded"; Michigan's Requirements for Residential Care Facilities order of May 21, 2021 remained in force; Ohio's amended testing orders of May 4, 2021 ran to July 1, 2022, Cuyahoga County placed a face-covering and temperature-screening condition on every entrant to its County buildings from August 3 and Columbus imposed face coverings, an airborne-transmission control on every workplace open to the public, from September 10, 2021; Indiana's Executive Order 21-19 of July 29, 2021 continued the emergency and Marion County's non-congregate shelter order remained in force; Minnesota required vaccination or testing of its State workforce from September 8, 2021 and Saint Paul waived shelter zoning requirements on August 16 and September 27, 2021; Missouri's Governor declared a staffing emergency August 27, 2021; Nebraska's Executive Order 21-12 of August 26, 2021 declared a hospital-capacity emergency; Iowa's proclamations of July 23, 2021 and its successors kept the emergency; and Wisconsin's courts operated under the Supreme Court's May 21, 2021 order.¹⁷⁷ North Carolina's Executive Order 220 kept face coverings, the airborne-transmission control the State retained for the settings it continued to regulate, in homeless shelters, health care, schools, transportation and corrections to July 30, 2021 and Executive Order 224 of July 29 required masking and vaccination or testing of Cabinet-agency employees; Louisiana's Proclamation 137 JBE 2021 imposed a statewide indoor face-covering mandate, an airborne-transmission control on every indoor workplace, from August 4, renewed through the quarter; Kentucky's Executive Order 2021-585 required masks in every school and child-care program from August 10, 2021, one of the 2021-22 masking, testing and quarantine controls of B-18, until the General Assembly's special session terminated it, by House Joint Resolution 1 of September 7, 2021 (Ex. KY-056) and Senate Bill 1 of September 9, 2021 vesting school masking in local boards (Ex. KY-057); Virginia's permanent workplace infection-prevention and exposure-control standard bound every employer and was amended September 8, the Health Commissioner required masks in every K-12 school from August 12 under the same class of control, and Executive Directive 18 required vaccination or testing of State employees from September 1, 2021; Tennessee's Executive Order 83 of August 6 declared a health-care staffing emergency; Alabama proclaimed a new emergency August 13; Georgia's Executive Orders of June 30 and August 19, 2021 and its renewals ran through the quarter and Savannah closed its community centers August 24; Texas's GA-38 of July 29 barred local mask and vaccination mandates while the Texas Supreme Court's Fortieth Emergency Order governed every court from August 1 to October 1; Florida's Executive Order 21-175 of July 30 barred school mask mandates; West Virginia's Executive Order 13-21 continued twice-weekly long-term care testing, and Executive Order 23-21, issued July 20 with operative effect October 1, 2021, recited the continuation of Executive Order 7-20 and the emergency through the quarter; Arkansas's Executive Order 21-14 of July 29 renewed the emergency; and Mississippi's State of Emergency, proclaimed March 14, 2020 and extended September 10, 2021, continued through the quarter, a continuation recorded by press report and cited as context.¹⁷⁸ Of these, the Missouri, Nebraska, Iowa, Indiana, Tennessee, Alabama, Arkansas and Mississippi instruments and Georgia's Executive Order 06.30.21.01 are emergency declarations and continuations, relied on as the predicates under which the operative instruments of those States issued and continued and as proof of the period, not as suspending orders; Texas's GA-38, Florida's Executive Order 21-175 and Georgia's Executive Order 08.19.21.03 are the States' assertions of exclusive authority over the field and are cited for that fact, the federal layer, Appendix K and the court orders carrying those States' quarter; the operative instruments of this subpart are the Kansas testing order, the Michigan residential care order, the Ohio testing orders, the Cuyahoga County and Columbus face-covering orders, the Marion County non-congregate shelter order, the Minnesota and Saint Paul instruments, the North Carolina, Louisiana, Kentucky and Virginia orders, the Texas Supreme Court's Fortieth Emergency Order and West Virginia's Executive Order 13-21. Status: in force September 30, 2021 as dated, North Carolina's Executive Order 220 to July 30 and Kentucky's Executive Order 2021-585 to September 7, 2021. Functions: AD, DD, FD, HR, WF, CB.

B-18. The school and child-care orders on the workforce. The 2021-22 school and child-care masking, testing and quarantine orders, in force with the force of law from their dates, reached the workforce of every employer in this industry through the children of its direct support professionals, aides, drivers and counselors and reached its youth and Head Start programs directly: New Jersey (August 9), Kentucky (August 10 to September 7), Connecticut (August 5 and 7), Rhode Island (August 19), New York (August 27 and September 2), Illinois (August 4), Pennsylvania (September 7), California (July 12; school-worker verification August 11), Delaware (August 16), Massachusetts (August 25), Nevada (July 30), New Mexico (August 20 and 23), Washington (July 30 and August 20), Oregon (August 2 and 13), Hawaii (August 5), the District (July 31), Virginia (August 12) and Louisiana (August 4).¹⁷⁹ Functions: WF, FS.

C. The functions

AD, adult day and senior-center programs. Every adult day health center with a nursing component operated under the OSHA standard's written plan, screening, distancing, barrier, removal and logging regime from July 6; every New Jersey adult day health services facility and PACE center operated under Executive Directive 21-007's and 21-006's protocols; every California adult day program operated under PIN 21-33-ASC from August 9 with full compliance by August 23 and, from September 28, under the vaccination requirement of PIN 21-44-ASC; every Kansas adult day care facility tested under the June 18 order; every Massachusetts EOHHS day program operated under the face-covering order of May 28, the airborne-transmission control the Commonwealth kept on its day programs; adult day care workers were placed under vaccination or testing mandates in Illinois (August 26), New Mexico (August 17), Rhode Island (August 17) and Delaware (September 30); Maryland's adult day care centers operated under Order 21-03-09-02 to August 15; and every waiver-funded unit was billed under Appendix K.¹⁸⁰

DD, developmental-disability day and residential programs. Every intermediate care facility screened, masked and distanced every entrant under QSO-21-14, offered and reported vaccination under § 483.460(a)(4), and, where nursing services were provided, ran under the OSHA standard; every Colorado group home and intermediate care facility tested under the Seventh and then the Eighth Amended Public Health Order 20-20; every Washington community residential service and intermediate care facility complied with the guidance made binding by Proclamation 20-66; New Jersey's licensed community residences and certified day programs were under Executive Order 252 from September 7; Connecticut's intermediate care facilities were under Executive Orders 13B and 13F; California's adult residential facilities were under PIN 21-44-ASC from September 28; New York's adult care facilities were under 10 NYCRR 2.61 and Subpart 66-4; Michigan's residential care order remained in force; Massachusetts's Community Programs administered medications under the September 15 suspension order "to address staffing shortages"; and every day-habilitation unit was billed under Appendix K.¹⁸¹

VR, vocational rehabilitation and sheltered work. The function operated on every day of the quarter under Appendix K's supported-employment and prevocational terms, under the OSHA standard where health care support services were provided, under the customer-side federal workplace and contractor rules that governed every AbilityOne and federal-facility contract, and under the State occupational-health and airborne-transmission standards and face-covering orders of California, Oregon, Virginia, Washington, New Mexico, Illinois and Louisiana; the Ohio Director's vocational habilitation order, rescinded June 2, 2021, is named in subpart F among the instruments on which this quarter's proof does not rest, and the function's suspension in this quarter rests on the instruments in force on every one of its ninety-two days, each cited above.¹⁸²

FS, family, youth and counseling services. The Social Security offices through which benefits are obtained were closed to the public throughout; the courts in which dependency, guardianship and protective proceedings are heard operated under remote presumptions, masking and testing conditions in Cook County, Massachusetts, Texas, Arizona and the other jurisdictions whose third-quarter 2021 court orders the Library's agencies collection records; the schools with which youth and Head Start programs are co-located operated under the masking, testing and quarantine orders of B-18; and the Head Start designation-renewal rule remained in force.¹⁸³

FD, food banks, meals and shelters. Every ESG-CV-funded shelter and re-housing provider operated under Notice CPD-20-08 to July 18 and Notice CPD-21-08 from July 19; every congregate-meal program operated under § 3222's conversion terms; shelters were under State face-covering orders, the airborne-transmission control each State kept on its shelters, in Colorado (every day), Massachusetts (every day), North Carolina (to July 30), New Jersey (every day), Connecticut (from August 5 and 7), New York (from August 27), Washington (from May 15, 2021) and California (from July 28); shelter personnel were under vaccination or testing mandates in Denver (by September 30), New York City (from August 16), California (from August 9) and Marin County (from August 20); non-congregate sheltering orders remained in force in Marion County and King County; and the homelessness-prevention caseload operated under the CDC moratoria to July 31 and from August 3 to 26.¹⁸⁴

TR, participant transportation. The conveyance order and the TSA directives governed every van, paratransit trip and transit commute on every day; the State transit face-covering orders of New York, Illinois and Colorado, the same airborne-transmission control at the State level, added enforcement, and the Maryland Transit Administration's published rider requirement records the federal order's enforcement on its system (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-005, context); and the capacity of every vehicle was fixed by the distancing rules of the OSHA standard where its passengers were participants of a covered setting.¹⁸⁵

PY, payers and licensing. Appendix K governed every waiver-funded unit in every State; ARPA § 9817's spending-plan conditions governed every State's HCBS program; the public health emergency was renewed effective July 20, 2021; New Jersey's Department of Health directives ran under P.L. 2021, c. 103 to January 11, 2022; and the licensing emergency regulations of California, Delaware, Rhode Island, Massachusetts, New York, Maine and Oregon fixed the conditions of every license.¹⁸⁶

HR, hiring, screening, training and credentialing. The vaccination and testing mandates changed whom an employer could hire and retain from their effective dates in California, New Mexico, New Jersey, Illinois, Rhode Island, Delaware, Maryland, New York, Connecticut, Washington, Oregon, the District, New York City, Denver, Los Angeles County and Philadelphia; the OSHA standard's screening, removal and log provisions changed onboarding at every covered setting; the vaccine-offering condition changed onboarding at every intermediate care facility; and Massachusetts's medication-administration suspension changed the credential required to give a resident a pill.¹⁸⁷

OP, office, administration and telework. The OSHA standard's COVID-19 plan and log, the vaccination-status reporting of § 483.460(a)(4), the HMIS and written-standards duties of Notice CPD-21-08, the Appendix K documentation of every retainer payment and remote assessment, and the verification records the vaccination mandates required were compelled administrative operations of the quarter.¹⁸⁸

WF, workforce availability. Employees were removed from work under the standard's health-screening and medical-removal provisions, excluded under the testing orders, quarantined under the State and county isolation and quarantine orders, and, from the mandates' dates, excluded or lost for vaccination status; their children were under the school and child-care orders of B-18; and every transit commute ran under the federal conveyance order's airborne-transmission controls.¹⁸⁹

CB, the people served and their funders. Participants and residents were screened, masked and, at every intermediate care facility, offered vaccination by order; adult day participants in California were under PIN 21-33-ASC's participant face-covering requirement, one control within the vaccination-verification, weekly-testing and respirator regime the PIN imposed on the programs' unvaccinated workers (Ex. SEC-24-004); shelter residents were under the face-covering orders of eight States, airborne-transmission controls those States kept on the shelter setting after they released the public; the payers continued Appendix K, § 9817 and CPD-21-08; and the funders operated under the same emergencies as the providers.¹⁹⁰

D. Continuing suspension

The clause asks whether the operation "is fully or partially suspended during the calendar quarter due to orders." The test is the state of the operation within the quarter and its cause; the date the order issued is irrelevant. Q&A-22 confirms that an order in force for part of a quarter qualifies the employer for that quarter.¹⁹¹

Of the instruments in B-1 through B-6, every one was in force on every one of the quarter's ninety-two days, except the CDC eviction orders (July 1 to 31 and August 3 to 26), HUD Notice CPD-20-08, which was superseded without interruption by CPD-21-08 on July 19, and Executive Orders 14042 and 14043, which issued September 9, 2021 and are cited for their issuance inside the quarter and not as instruments in force before October 15, 2021. Of the State and city instruments in B-7 through B-17, Executive Directives 21-006 and 21-007, Executive Orders 242 and 243 (New Jersey), the Massachusetts face-covering order, Public Health Orders 20-20 and 20-38 (Colorado), Proclamation 20-66 (Washington), the Kansas testing order, the Michigan residential care order, the Delaware infection-control orders, the New Mexico June 30 order, the Chicago Phase 5 order, the Marion County and King County orders and the Los Angeles County congregate facilities order were in force on every day; Maryland's Order 21-03-09-02 was in force to August 15 and North Carolina's Executive Order 220 to July 30; and the vaccination and testing mandates were issued between July 26 and September 30, 2021 and were in force from issuance, because an order that fixes a deadline inside or shortly after the quarter compels the employer's verification, policy, scheduling and hiring decisions from the day it issues. No finding for this quarter depends on an order that had ended before July 1, 2021, and where an order compelled the dismantling of a function before the quarter, the period its restoration took is stated in the interconnected-economy section from the orders' own phase steps.

The quarter qualifies on each of four independent grounds. First, the text: "during the calendar quarter" modifies "suspended," not "orders," and the suspension an order caused continues because of that order through the period its compelled dismantling took to reverse; Tri-State defines a suspension to include a "delay" and "due to" as but-for causation, and Q&A-22 and the transition sentence of Q&A-16 are the Service's own recognition of the same rule. Second, the orders actually in force in the quarter, B-1 through B-18, each with its status on July 1 and September 30, 2021. Third, the counterparty orders in force in the quarter: the school, court, hospital, benefits-office, transit and federal-workplace instruments. Fourth, the restoration arithmetic from the orders' own phase steps and sunset dates, which the interconnected-economy section states function by function: New Jersey's adult day health services facilities had been closed by order from March 2020 to June 15, 2021, sixteen days before the quarter began, and reopened only under protocols in force throughout it; Ohio's adult day support and vocational habilitation order had been in force from March 21, 2020 to June 2, 2021, four weeks before the quarter began; Maryland's adult day care centers had been closed from March 16, 2020 to March 12, 2021 and operated under Order 21-03-09-02 to August 15, 2021; and Delaware's senior centers had run at 30 percent from July 27, 2020 to May 21, 2021. The interconnected-economy section states the rule and the reasons.

E. The Service's grounds, answered for this quarter

To the ground that no orders were in effect, the answer is B-1 through B-18. To the ground that the employer was essential and remained open: the essential designation is why B-1 through B-4 imposed conditions rather than closing the buildings, and Q&A-11's first sentence and Q&A-17's Example 4 dispose of the ground.¹⁹² To the ground that the instruments are guidance rather than orders: B-1, B-2, B-3 and B-4 are regulations, conditions of participation, approved waiver amendments and grant notices with force as conditions of federal payment, and B-1 and B-2's vaccine condition are published in the Federal Register and enforced by penalty; B-7 through B-17 are executive orders, health officer orders, licensing notices implementing State Public Health Officer orders and emergency rules carrying criminal, civil and licensure sanctions. To the ground that the orders had lifted before the quarter: the general orders were lifted; these were not, and every one is cited with its status on July 1 and September 30, 2021. To the ground that masks and gloves are modifications of nominal effect: the compelled changes of this quarter were vaccination, testing, exclusion, screening, medical removal, written plans, reporting and reopening protocols, with face coverings one compelled control within those workplace infection-prevention and exposure-control regimes; each was a change in the manner of operation that an order required, Q&A-18's own first paragraph lists face-covering requirements among the modifications "required by a governmental order as a condition of reopening," and the United States has represented that "employees having to wear face masks may impact business operations."¹⁹³ To the ground that the portion affected was not more than nominal: the figure is a safe harbor by the United States' account; the closure of every adult day health services facility in New Jersey to sixteen days before the quarter and the protocols that followed, the exclusion of every untested or removed worker, the testing of every unvaccinated adult day worker in California and Kansas, and the medical removal regime exceed it many times over on any hours measure. To the ground that the measures were voluntary: nothing in B-1 through B-18 was optional; each carried a sanction.

F. The finding

During the calendar quarter beginning July 1, 2021 and ending September 30, 2021, orders from appropriate governmental authorities limiting commerce, travel and group meetings due to COVID-19, namely the instruments set out in B-1 through B-18, caused a temporary delay, interruption or termination of a more than nominal portion of the operations of employers in this industry throughout the United States. They did so by placing every adult day health center, intermediate care facility and group home with nursing services under the standard's written-plan, screening, distancing, barrier, removal and logging regime; by running every intermediate care facility on the federal visitation and vaccine-offering conditions; by billing every waiver-funded service under Appendix K; by rewriting the operating rules of every ESG-CV shelter inside the quarter; by placing every participant van under the conveyance order's airborne-transmission controls; by keeping every New Jersey adult day health services facility under reopening protocols and every Colorado, Massachusetts and New Jersey shelter under face-covering and exposure-control orders on every day; and by conditioning the employment of adult day, group-home, congregate-setting and shelter workers on vaccination or testing in California, New Mexico, New Jersey, Illinois, Rhode Island, Delaware, Maryland, New York, Connecticut, Washington, Oregon, the District of Columbia, New York City, Denver, Los Angeles County, Marin County and Philadelphia. The operation of every employer in this industry was partially suspended in the third quarter of 2021 due to orders from appropriate governmental authorities limiting commerce, travel and group meetings, in force in every State on every day of the quarter, in the AD, DD, VR, FS, FD, TR, PY, HR, OP, WF and CB functions. The lead instruments are the OSHA Healthcare Emergency Temporary Standard (Ex. SEC-04-014), QSO-21-14 as revised June 3, 2021 (Ex. SEC-04-016), the vaccine-offering condition (Ex. SEC-04-008), Appendix K (Ex. SEC-04-078; Ex. SEC-24-008), HUD Notice CPD-21-08 (Ex. SEC-24-010), CARES Act § 3222 (Ex. SEC-24-002), the conveyance order (Ex. FED-020), New Jersey Executive Directive 21-007 and Executive Order 252 (Ex. NJ-081; Ex. NJ-056), California's orders and licensing notices of July 26, July 27, July 28, August 5 and September 28, 2021 (Ex. CA-031; Ex. SEC-24-004; Ex. CA-035; Ex. CA-030; Ex. SEC-24-005), Illinois Executive Order 2021-20 (Ex. IL-042), New Mexico's order of August 17, 2021 (Ex. NM-068), Rhode Island's regulation of August 17, 2021 (Ex. RI-072), Delaware's adult day care order effective September 30, 2021 (Ex. AGY-ST-HEALTH-SUBORDERS-046), Colorado's Public Health Orders 20-38 and 20-20 (Ex. CO-041; Ex. CO-053; Ex. CO-091; Ex. CO-042; Ex. CO-092), Massachusetts's face-covering order (Ex. MA-050), New York's 10 NYCRR 2.61 and 2.60 (Ex. NY-071; Ex. NY-073), New York City's congregate-settings order (Ex. MET-NYC-036) and Denver's shelter-personnel order (Ex. MET-DEN-023).

What this analysis does not claim was in force

This analysis does not claim for this quarter any stay-at-home order on the public, because none was in force; any statewide order closing adult day or senior centers, because the last of them, New Jersey's, ended June 15, 2021, Ohio's ended June 2, 2021, Maryland's ended March 12, 2021, Iowa's ended June 12, 2020, Tennessee's ended October 1, 2020, Miami-Dade's ended September 26, 2020 and Minneapolis's ended July 24, 2020; the FFCRA leave mandate, which expired December 31, 2020; Florida's Division of Emergency Management visitation orders, rescinded March 22, 2021, and every Florida local order, void from July 1, 2021; Michigan's general epidemic orders, rescinded June 22, 2021, other than the residential care order of May 21, 2021; Ohio's Director's orders on adult day support, vocational habilitation, senior centers and adult day care, rescinded June 2, 2021; Texas's statewide occupancy orders, ended March 10, 2021; Kansas's Executive Orders 20-69 and 21-15, void June 15, 2021; QSO-20-23's visitation text, superseded February 10, 2021; HUD Notice CPD-20-08, for any day after July 18, 2021; the CDC eviction moratorium for any day after July 31 or, as to its successor, after August 26, 2021; North Carolina's Executive Order 220 for any day after July 30, 2021; Maryland's Order 21-03-09-02 for any day after August 15, 2021; Kentucky's Executive Order 2021-585 for any day after September 7, 2021; Colorado's Seventh Amended Public Health Order 20-38, which took effect October 1, 2021; West Virginia's Executive Order 23-21, whose operative date was October 1, 2021 and which is cited only for its recital that the emergency continued; the vaccination deadlines of Rhode Island (October 1), Illinois's State employees in congregate settings (October 1, announced August 4, 2021), Washington (October 18), Oregon (October 18), New York's non-hospital entities (October 7), Massachusetts's nursing homes (October 10) and home care agencies (October 31), Philadelphia's employment bar (October 15) and California's adult and senior care facility second-dose date (November 30), which fell after the quarter and are cited only because the orders fixing them were in force inside it; Executive Orders 14042 and 14043, which imposed no private obligation before October 15, 2021; the CMS staff vaccination interim final rule and the OSHA vaccination-or-testing standard of November 5, 2021 and the Head Start vaccine-and-mask rule of November 30, 2021, which post-date the quarter; the Social Security Administration's release, the Sacramento County advisory of July 27, 2021 and the Texas National Guard release, which are announcements cited as context and not as orders; Brookings Resolution 21-072 of August 24, 2021, a resolution of recommendations (Ex. SD-082), cited as context and not as an order; and the Kaiser Family Foundation's tables, which are cited for what they record and not as orders.¹⁹⁴