Eligibility report

Governmental Orders Record and Eligibility Analysis

Physician Practices and Outpatient Care

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Prepared by The COVID Project, Sept. 30, 2026. 368 instruments cited; 358 exhibit files held. Not legal advice.

The COVID Projectcovidproject.com/report?industry=02&quarters=2020Q2,2020Q3,2020Q4,2021Q1,2021Q2,2021Q3&federal=1&agencies=1&duties=1&meetings=1&answers=1

1. About this report

Prepared by The COVID Project, Sept. 30, 2026. Selection: industry Physician Practices and Outpatient Care. Quarters: second quarter of 2020 (Apr. 1, 2020 to June 30, 2020; orders from Mar. 13, 2020), third quarter of 2020 (July 1, 2020 to Sept. 30, 2020), fourth quarter of 2020 (Oct. 1, 2020 to Dec. 31, 2020), first quarter of 2021 (Jan. 1, 2021 to Mar. 31, 2021), second quarter of 2021 (Apr. 1, 2021 to June 30, 2021) and third quarter of 2021 (July 1, 2021 to Sept. 30, 2021). Options: the federal layer, agencies and boards, standing duties, group meetings and trade shows and the Service's fourteen sentences answered.

This report is a record of the governmental orders and related instruments that The COVID Project has retrieved, verified and indexed for the State, metropolitan area, industry and calendar quarters selected. Each instrument appears with its issuer, its number and title, its dates, the quarters in which it was in force, the functions of a business it reached, its operative words, its enforcement provision, a citation and an exhibit identifier. Every exhibit identifier resolves to the instrument's record at covidproject.com/library, and to the exhibit file, where held, at covidproject.com/exhibit.

The report is assembled from public governmental instruments, published organizer notices, published legal authorities and public court filings, and it reports what those documents say and when they were in force. It lists the instruments The COVID Project has verified and no others, so every count in it is a floor. It is not a filing, and it does not determine any person's eligibility for the Employee Retention Credit.

The report reproduces at covidproject.com/report?industry=02&quarters=2020Q2,2020Q3,2020Q4,2021Q1,2021Q2,2021Q3&federal=1&agencies=1&duties=1&meetings=1&answers=1. Every exhibit identifier in it resolves at covidproject.com/library/ followed by the identifier, and the exhibit file, where held, at covidproject.com/exhibit/ followed by the identifier.

Disclaimer

The COVID Project is a free public reference. This report is generated from public governmental instruments, published organizer notices, published legal authorities and public court filings that The COVID Project has retrieved and indexed; it reports what those documents say and when they were in force. It is not legal, tax or accounting advice, it does not create any professional relationship, it does not determine any person's eligibility for the Employee Retention Credit or the amount of any credit, and it is not a count of every order that existed. The COVID Project sells nothing and represents no one. Errors in any record can be reported through covidproject.com/contact with the exhibit identifier, and corrections are recorded with their dates.

2. Summary of findings

For each quarter selected, this section states what was in force for this selection on the quarter's first and last days, in the words of the Library's own quarter-by-quarter record for the State, the metropolitan area, the industry's regulators and the federal layer. Exhibit identifiers in parentheses name the instruments. The table that follows counts the instruments listed in section 5 by layer and quarter.

The federal layer of this report is the Library's two federal files: FED-A, the health, safety and transport layer, and FED-B, the commerce, travel, workplace and finance layer, including the orders of the federal courts those files hold. The ecosystem clusters and the federal agency clusters are listed in the Library's federal layer at covidproject.com/federal and are not part of this report's federal layer; a quarter page counts every federal-level instrument of the quarter across those clusters as well, so its figure is the larger of the two.

Second quarter of 2020 (Apr. 1, 2020 to June 30, 2020; orders from Mar. 13, 2020)

Physician Practices and Outpatient Care (the industry's regulators, nationally), first day (Apr. 1, 2020): Apr. 1, 2020: statewide elective/non-urgent procedure prohibitions in force in at least 30 States (TX GA-09; NJ EO 109; FL EO 20-72; MN EO 20-09; MI EO 2020-17; OH Director's Order; CO D 2020 009; AZ EO 2020-10; OR EO 20-10; WA 20-24; IA Mar. 26; TN EO 18; KY directive; VT Add. 3; OK 4th Am. EO 2020-07; WV EO 16-20; IN EO 20-13; VA OPHE Two; MD; AL; LA; NM; UT; AK; NE DHM from Apr. 3; MS from Apr. 10; SD from Apr. 6; AR from Apr. 3); federal telehealth waivers (CMS-1744-IFC; 1135; OCR) in force; FEMA PPE allocation rule from Apr. 7

Physician Practices and Outpatient Care (the industry's regulators, nationally), last day (June 30, 2020): June 30, 2020: prohibitions lifted in every State except by their terms (OR rescheduling floor June 15; SD to May 31), but resumption conditions in force everywhere they were imposed (TX GA-19 and GA-27 (June 26); MS EO 1477 conditions; MN EO 20-51 plans; OR EO 20-22 OHA guidance; CO D 2020 045 as extended by D 2020 080 and 114; NJ EO 145 DOH/DCA standards; FL EO 20-112 conditions); telehealth regime in force

The federal health, safety and transport layer, first day (Apr. 1, 2020): Apr. 1, 2020: national emergency (FED-001), nationwide Stafford emergency (FED-006) and major disasters declared for 28 States and the District of Columbia on or before Apr. 1, 2020 (29 of 51 jurisdictions; No Sail Order (FED-027); Title 42 order (FED-034, FED-039); DPA EOs 13909-13911 and scarce-materials designation (FED-070 to FED-074); FFCRA leave mandate operational (FED-170, FED-171); CMS-1744-IFC (FED-090), QSO-20-13, -14, -18, -12, -20 (FED-096 to FED-099, FED-164); § 1135 blanket waivers (FED-160); HHS telehealth enforcement discretion (FED-194); 30 Days to Slow the Spread guidance (FED-191, context); CMS elective-procedure recommendations (FED-158, context).

The federal health, safety and transport layer, last day (June 30, 2020): June 30, 2020: all of the above plus FEMA PPE export rule (FED-075, from Apr. 7) with exemptions (FED-076); EO 13917 meat and poultry (FED-073); No Sail extension (FED-028); Title 42 amended and indefinite (FED-036); CMS-5531-IFC weekly nursing-home reporting (FED-091, FED-161); QSO-20-30-NH reopening recommendations (FED-157); QSO-20-31-All (FED-165); Opening Up America Again guidance (FED-192, context); PHE renewed Apr. 26 (FED-011).

The federal commerce, travel, workplace and finance layer, first day (Apr. 1, 2020): In force: Proclamations 9984, 9992, 9993, 9996 (Exs. FED-200 to FED-203); DHS land-border closures to non-essential travel, Canada and Mexico (Exs. FED-216, FED-239, through Apr. 20, then FED-217, FED-240); OMB M-20-16 maximum telework and curtailment of in-person federal functions (Ex. FED-264) and M-20-18 contractor telework (FED-266); DoD stop-movement (Exs. FED-281, then FED-282 from Apr. 20); DOS suspension of routine visa services (FED-327) and the H-2 interview-waiver regime (FED-319); USCIS offices closed (FED-324); Interior on telework (FED-386); national parks, BLM sites, Hoover Dam, USACE areas and the Smithsonian closed (FED-387 to FED-393); Supreme Court closed to the public with the March session postponed (FED-290 to FED-292); Judicial Conference CARES Act finding (FED-295); jury trials suspended in N.D. Cal. (FED-317), N.D. Ill. (FED-338), D. Md. (FED-312), N.D. Ga. (FED-316 recites GO 20-01 of Mar. 16), C.D. Cal. courthouses closed (FED-284), Ninth Circuit courthouses closed (FED-279), Fifth Circuit (FED-286); CARES Act §§ 4022-4024 statutory moratoria (FED-340); FHFA, HUD and VA 60-day moratoria from Mar. 18 (FED-346, FED-356, FED-368, FED-369); interagency loan-modification statement (FED-342); 15/30 Days to Slow the Spread guidance (FED-396).

The federal commerce, travel, workplace and finance layer, last day (June 30, 2020): In force: Proclamations 9984, 9992, 9993, 9996, 10041 (from May 26), 10014 (from Apr. 23) and 10052 (from June 24) (FED-200 to FED-204, FED-210, FED-211); DHS land-border notifications of June 24, 2020 through July 21 (FED-219, FED-242); OMB/OPM M-20-23 gating period with maximum telework (FED-268); DoD conditions-based travel restrictions (FED-283); DOS routine visa services still suspended (FED-327; resumption began July 15); USCIS reopened June 4 under mask and screening conditions (FED-325); premium processing resumed June 1 (FED-326); H-2A temporary rule (FED-320) and H-2B rule (FED-321); N.D. Cal. General Order 72-4 (no new civil jury trials through Sept. 30, 2020) and General Orders 73, 75, 77 (FED-331, FED-334 to FED-336); N.D. Ill. Fourth Amended GO 20-0012 (May 26, 2020) and the D. Colo., D.N.J., D. Md. and N.D. Ga. continuances (FED-288, FED-302, FED-316); C.D. Cal. face-covering order (FED-285); FHFA, HUD and VA moratoria extended to Aug. 31, 2020 on June 17-18 (FED-348, FED-359, FED-371, FED-372); CARES Act § 4024 eviction moratorium (to July 24) and § 4022 forbearance (FED-340); CFPB interim final rule effective July 1 (FED-343); H.Res. 965 proxy voting (FED-398).

Third quarter of 2020 (July 1, 2020 to Sept. 30, 2020)

Physician Practices and Outpatient Care (the industry's regulators, nationally), first day (July 1, 2020): July 1, 2020: resumption-condition orders in force (TX GA-19, GA-27 four counties; CO D 2020 045/114; MN EO 20-51; OR EO 20-22; NJ EO 145 standards; MS EO 1477 successors); statewide mask and capacity orders reaching waiting rooms (State files); federal telehealth regime

Physician Practices and Outpatient Care (the industry's regulators, nationally), last day (Sept. 30, 2020): Sept. 30, 2020: TX GA-31 (Sept. 17) regional postponement triggers and 10 percent capacity reservation; CO D 2020 198 (Sept. 19) extension of D 2020 045; MN, OR, NJ conditions; State mask orders

The federal health, safety and transport layer, first day (July 1, 2020): July 1, 2020: national emergency, Stafford declarations, PHE (FED-011); No Sail (FED-028, then FED-029 from July 16); Title 42 (FED-036); FEMA PPE export rule (FED-075/076); DPA orders; FFCRA mandate and 29 C.F.R. part 826 (FED-170/171); CMS rules FED-090, FED-091 and QSOs; § 1135 waivers; EO 13945 from Aug. 8 (FED-066).

The federal health, safety and transport layer, last day (Sept. 30, 2020): Sept. 30, 2020: PHE renewed July 25 (FED-012); No Sail third extension (FED-030); Title 42 (FED-036); FEMA PPE rule as extended Aug. 10 (FED-077); CDC eviction moratorium from Sept. 4 (FED-022); CMS-3401-IFC nursing-home testing from Sept. 2 (FED-092) with QSO-20-38-NH (FED-168); QSO-20-39-NH visitation from Sept. 17 (FED-154); revised FFCRA rule from Sept. 16 (FED-172); QSO-20-35-ALL (FED-166).

The federal commerce, travel, workplace and finance layer, first day (July 1, 2020): In force: all seven entry proclamations (FED-200 to FED-204, FED-210 to FED-212); DHS land-border notifications of June 24 (to July 21) then July 22, Aug. 21 and Sept. 23, 2020 (FED-219 to FED-222, FED-242 to FED-245); M-20-23 maximum telework at agency discretion (FED-268); DoD conditions-based travel restrictions and the June 29, 2020 update (FED-283); N.D. Cal. GO 72-4 (civil jury trials through Sept. 30, 2020; limited criminal trials from July 1) (FED-331); N.D. Ill. Fifth Amended GO 20-0012 (July 10) (FED-338 series); N.D. Ga. GO 20-01 Fourth Amendment (no jury trials through July 31) (FED-316); D. Colo. GO 2020-8 (trials continued through July 6) (FED-288); D.N.J. and D. Md. continuances; C.D. Cal. masks (FED-285); FHFA/HUD/VA moratoria to Aug. 31 (FED-348, FED-359, FED-371, FED-372); CARES § 4024 to July 24 (FED-340); DOS phased resumption from July 15 (FED-328); USDA Service Centers by phone appointment (FED-391); USACE areas reopening location by location (FED-393).

The federal commerce, travel, workplace and finance layer, last day (Sept. 30, 2020): In force: the entry proclamations; DHS notification of Sept. 23, 2020 (to Oct. 21) (FED-222, FED-245); M-20-23 (FED-268); DoD conditions-based restrictions (FED-283); N.D. Cal. GO 72-6 (Sept. 16: courthouses closed to public events; remote appearances) (FED-333); N.D. Ill. Sixth Amended GO 20-0012 (Sept. 4); FHFA moratoria to Dec. 31 (Aug. 27) (FED-349), HUD ML 2020-27 (Aug. 27) (FED-360), VA Circulars 26-20-29 and 26-20-30 (Aug. 24) (FED-373, FED-374); EO 13945 (FED-A) and the student-loan payment relief memorandum (Aug. 8) (FED-345); H-2A partial extension (Aug. 20) (FED-322); the CDC eviction order (FED-A) from Sept. 4.

Fourth quarter of 2020 (Oct. 1, 2020 to Dec. 31, 2020)

Physician Practices and Outpatient Care (the industry's regulators, nationally), first day (Oct. 1, 2020): Oct. 1, 2020: TX GA-31 and GA-32 (Oct. 7) high-hospitalization regime; CO D 2020 225 (Oct. 18) extension; winter re-tightening orders (State files)

Physician Practices and Outpatient Care (the industry's regulators, nationally), last day (Dec. 31, 2020): Dec. 31, 2020: PA Secretary of Health's Nov. 23, 2020 Regional Reduction of Elective Procedures order (effective Nov. 30) with Reduction Notices in force in regions; NE Nov. 16 hospital DHM; TX GA-31/GA-32 triggers; CA Regional Stay at Home Order (Dec. 3) and surge orders; universal mask orders

The federal health, safety and transport layer, first day (Oct. 1, 2020): Oct. 1, 2020: national emergency, Stafford declarations, PHE (FED-012; renewed Oct. 23, FED-013); No Sail (FED-030) to Oct. 31 then Conditional Sailing Order from Oct. 30 (FED-031); Title 42 order of Oct. 13 (FED-037) under the final rule (FED-048); FEMA PPE rule (FED-077); CDC eviction moratorium (FED-022); FFCRA mandate (to Dec. 31); CMS-3401-IFC testing; CMS-9912-IFC from Nov. 2 (FED-093); DPA orders.

The federal health, safety and transport layer, last day (Dec. 31, 2020): Dec. 31, 2020: all of the above; FEMA PPE rule re-extended Dec. 31 to June 30, 2021 (FED-078); CDC eviction moratorium extended by Pub. L. 116-260 § 502 to Jan. 31, 2021 (FED-173); UK pre-departure testing order from Dec. 28 (FED-040); FFCRA leave mandate expires this day (FED-170); Pfizer and Moderna EUAs Dec. 11 and 18 (FED-185, FED-186, context).

The federal commerce, travel, workplace and finance layer, first day (Oct. 1, 2020): In force: the entry proclamations; DHS notification of Sept. 23 (to Oct. 21), then Oct. 22, Nov. 23 and Dec. 22, 2020 (FED-222 to FED-225, FED-245 to FED-248); M-20-23 (FED-268); DoD Oct. 5, 2020 conditions-based update (FED-283); N.D. Cal. GO 72-6 and GO 73 (FED-333, FED-334); N.D. Ill. Sixth Amended GO 20-0012; D.N.J. Standing Orders 20-12 (extended Sept. 2020), 20-13, 20-14, 20-16 (FED-302); C.D. Cal. masks (FED-285); FHFA/HUD/VA moratoria to Dec. 31, 2020 (FED-349, FED-360, FED-373, FED-374); CARES § 4022 forbearance (FED-340).

The federal commerce, travel, workplace and finance layer, last day (Dec. 31, 2020): In force: the entry proclamations, with Proclamation 10131 (Dec. 31) extending 10014 and 10052 to Mar. 31, 2021 (FED-213); DHS notification of Dec. 22, 2020 (to Jan. 21, 2021) (FED-225, FED-248); M-20-23 (FED-268); DoD conditions-based restrictions (FED-283); N.D. Ill. Eighth Amended GO 20-0012 (Nov. 13: all jury trials suspended until further order) (FED-339); D.N.J. Standing Order 20-17 (Nov. 25: all in-person proceedings suspended through Jan. 31, 2021) and the Third Extension of SO 20-12 (Dec. 17) (FED-303, FED-304); N.D. Cal. GO 72-6 (FED-333); FHFA moratoria to Jan. 31, 2021 (Dec. 2) (FED-350); HUD ML 2020-43 to Feb. 28, 2021 (Dec. 17) (FED-361); VA Circular 26-20-40 to Feb. 28, 2021 (Dec. 28) (FED-375); USDA extension (FED-382); H-2A extension (Dec. 18) (FED-323).

First quarter of 2021 (Jan. 1, 2021 to Mar. 31, 2021)

Physician Practices and Outpatient Care (the industry's regulators, nationally), first day (Jan. 1, 2021): Jan. 1, 2021: PA Nov. 23 order; TX GA-31/32; CA Jan. 5 Hospital Surge Order (State file); telehealth regime; FEMA allocation rule as extended

Physician Practices and Outpatient Care (the industry's regulators, nationally), last day (Mar. 31, 2021): Mar. 31, 2021: TX regime rescinded effective Mar. 10 (GA-34); PA order and NE DHMs still in force; State mask orders

The federal health, safety and transport layer, first day (Jan. 1, 2021): Jan. 1, 2021: national emergency, Stafford declarations, PHE (FED-013; renewed Jan. 21, FED-014); Conditional Sailing Order (FED-031); Title 42 (FED-037); FEMA PPE rule (FED-078); CDC eviction moratorium (statutory extension, then FED-023 from Jan. 31); UK testing order (FED-040); CMS rules and testing; DPA orders. FFCRA mandate no longer in force (voluntary credits only, FED-173).

The federal health, safety and transport layer, last day (Mar. 31, 2021): Mar. 31, 2021: all of the above plus EO 13991 (Jan. 20, FED-060), EO 13998 and 13999 (Jan. 21, FED-061, FED-062); global inbound testing order from Jan. 26 (FED-041/042); DHS transportation emergency determination Jan. 27 (FED-057); CDC conveyance mask order from Feb. 1 (FED-020) and TSA SDs from Feb. 1 (FED-050, FED-053 to FED-055); national emergency continued Feb. 24 (FED-002); Janssen EUA Feb. 27 (FED-187, context); OSHA NEP from Mar. 12 (FED-082); QSO-20-39-NH rev. Mar. 10 (FED-155); ARPA enacted Mar. 11 (FED-174); CDC eviction moratorium extended Mar. 29 to June 30 (FED-024).

The federal commerce, travel, workplace and finance layer, first day (Jan. 1, 2021): In force: Proclamations 9984, 9992, 9993, 9996, 10041, 10014, 10052 (as extended by 10131) (FED-200 to FED-204, FED-210 to FED-213); DHS notification of Dec. 22, 2020 (FED-225, FED-248), corrected Jan. 19 and renewed Jan. 19 (to Feb. 21), Feb. 23 (to Mar. 21) and Mar. 19, 2021 (to Apr. 21) (FED-226 to FED-229, FED-249 to FED-252); M-20-23 (FED-268) until EO 13991 (Jan. 20) and M-21-15 (Jan. 24: 25 percent occupancy cap, masks, visitor minimization, mission-critical travel only) (FED-270); DoD conditions-based restrictions (FED-283); N.D. Ill. Eighth then Ninth (Jan. 12) and Tenth Amended GO 20-0012 (Feb. 12: jury trials suspended until Apr. 5, 2021) (FED-339, FED-296); D.N.J. SO 21-02 (January: in-person proceedings suspended to Mar. 17, jury trials to Mar. 12) and SO 21-04 (Mar. 11: jury trials continued to June 1, 2021) (FED-305, FED-306); N.D. Cal. GO 72-6 (FED-333); C.D. Cal. masks (FED-285); FHFA moratoria to Jan. 31 then Feb. 28 (Jan. 19), Mar. 31 (Feb. 9) and June 30, 2021 (Feb. 25) (FED-350 to FED-353); HUD ML 2021-03 (Jan. 21: to Mar. 31) and 2021-05 (Feb. 16: to June 30) (FED-362, FED-363); VA Circulars 26-21-2 (Jan. 29: to Mar. 31) and 26-21-5 (Feb. 16: to June 30) (FED-376, FED-377); USDA extensions (FED-382).

The federal commerce, travel, workplace and finance layer, last day (Mar. 31, 2021): In force: Proclamations 9984, 9992 and 10143 (from Jan. 26, with South Africa from Jan. 30) (FED-207); Proclamation 10052 expired at the end of this day (FED-211); Proclamation 10014 revoked Feb. 24 (FED-214); DHS notification of Mar. 19, 2021 (to Apr. 21) (FED-229, FED-252); EO 13991 and M-21-15 (FED-270); DoD Mar. 15, 2021 memorandum (until further notice) (FED-280); N.D. Ill. Tenth Amended GO 20-0012 (jury trials suspended until Apr. 5) (FED-296); D.N.J. SO 21-04 (jury trials continued to June 1) (FED-306); N.D. Cal. GO 72-6 and 73 (FED-333, FED-334); C.D. Cal. masks (FED-285); FHFA, HUD and VA moratoria to June 30, 2021 (FED-353, FED-363, FED-377); H-2A flexibilities (FED-323).

Second quarter of 2021 (Apr. 1, 2021 to June 30, 2021)

Physician Practices and Outpatient Care (the industry's regulators, nationally), first day (Apr. 1, 2021): Apr. 1, 2021: telehealth regime; State mask orders with health-care carve-outs; NE DHMs to May 24; PA emergency to June 10

Physician Practices and Outpatient Care (the industry's regulators, nationally), last day (June 30, 2021): June 30, 2021: OSHA Healthcare ETS in force from June 21 (compliance July 6/21); Cal/OSHA sec. 3205 readopted June 17; CA Beyond the Blueprint face-covering mandate from June 15; NJ EO 242 para. 13 health-care masking; IL EO 2021-12 health-care masking; CMS/1135 telehealth regime

The federal health, safety and transport layer, first day (Apr. 1, 2021): Apr. 1, 2021: national emergency (FED-002), Stafford declarations, PHE (FED-014; renewed Apr. 21, FED-015); CDC conveyance mask order (FED-020) and TSA SDs (FED-050 series); inbound testing order (FED-042); Conditional Sailing Order (FED-031); Title 42 (FED-037); FEMA PPE rule (FED-078); CDC eviction moratorium (FED-024); EO 13991; OSHA NEP (FED-082); CMS testing and reporting rules; DPA orders.

The federal health, safety and transport layer, last day (June 30, 2021): June 30, 2021: all of the above plus TSOB ratification Apr. 20 (FED-056); TSA SD -01A from May 12 (FED-051); QSO-20-39-NH rev. Apr. 27 (FED-156); CSO Technical Instructions (FED-032); CMS-3414-IFC from May 21 (FED-094) with QSO-21-19-NH (FED-163); OSHA Healthcare ETS effective June 21 (FED-080) with DIR 2021-02 from June 28 (FED-081); CDC eviction moratorium extended June 24 to July 31 (FED-025). FEMA PPE export rule expires this day (FED-078/079).

The federal commerce, travel, workplace and finance layer, first day (Apr. 1, 2021): In force: Proclamations 9984, 9992, 10143 (FED-200, FED-201, FED-207); DHS notification of Mar. 19 (to Apr. 21), then Apr. 22 (to May 21), May 24 (to June 21) and June 23, 2021 (to July 21) (FED-229 to FED-232, FED-252 to FED-255); EO 13991 and M-21-15 occupancy cap and masks until June 10 (FED-270); DoD Mar. 15, 2021 restrictions (FED-280); N.D. Ill. GO 21-0006 (Feb. 17, 2021) plan for resumption of jury trials, amended May 26 with vaccination-or-testing conditions (FED-297); D.N.J. SO 21-04 (jury trials to June 1) (FED-306); N.D. Cal. GO 72-6 and 73 (FED-333, FED-334); C.D. Cal. masks (FED-285); FHFA, HUD, VA and USDA moratoria to June 30, 2021 (FED-353, FED-363, FED-377, FED-382).

The federal commerce, travel, workplace and finance layer, last day (June 30, 2021): In force: Proclamations 9984, 9992, 10143 and 10199 (India, from May 4) (FED-207, FED-208); DHS notification of June 23, 2021 (to July 21) (FED-232, FED-255); EO 13991 with M-21-25 (June 10: occupancy cap lifted; reentry plans due July 19; 30 days' notice) (FED-271); DoD Mar. 15, 2021 restrictions (FED-280); N.D. Ill. GO 21-0006 as amended May 26 and Fifth Amended GO 20-0022 (June 21: video criminal proceedings to Oct. 4, 2021) (FED-297, FED-301); D. Md. Amended Standing Order 2021-07 (effective July 1) (FED-313); N.D. Cal. GO 78 (June 23, effective July 1) (FED-337); C.D. Cal. masks (FED-285); D.N.J. SO 20-13 masks and 21-04 as amended (FED-302, FED-307); FHFA, HUD, VA and USDA moratoria extended June 24-25 to July 31, 2021 (FED-354, FED-364, FED-378, FED-384); HUD and VA forbearance windows to Sept. 30, 2021 (FED-364, FED-378); CFPB final rule issued June 28 (effective Aug. 31) (FED-344).

Third quarter of 2021 (July 1, 2021 to Sept. 30, 2021)

Physician Practices and Outpatient Care (the industry's regulators, nationally), first day (July 1, 2021): July 1, 2021: OSHA Healthcare ETS (all paragraphs except (k)(1)-(2), (l), (n) compliance July 6; barriers, ventilation, training July 21); OSHA NEP; Cal/OSHA 3205; CA face-covering mandate in health care; NJ, IL, OR health-care masking; CDC conveyance order; CMS telehealth waivers; HHS PHE renewed July 19

Physician Practices and Outpatient Care (the industry's regulators, nationally), last day (Sept. 30, 2021): Sept. 30, 2021: ETS in force; CA Aug. 5 order deadline Sept. 30; CA July 26 order (compliance Aug. 23); WA Proclamation 21-14 (deadline Oct. 18); IL EO 2021-20 (masks Aug. 30; first dose Sept. 5); NJ EO 252 (Sept. 7); NY 10 NYCRR 2.61 (Sept. 27 hospitals/NHs; Oct. 7 others); RI 216-RICR-20-15-8 (Oct. 1); OR OAR 333-019-1011 (Aug. 20) and 1010 (Oct. 18 deadline); PA Act 21 telemedicine waivers to Sept. 30; Philadelphia BOH regs Aug. 12/16; Delta-wave local mask orders

The federal health, safety and transport layer, first day (July 1, 2021): July 1, 2021: national emergency (FED-001/002), nationwide Stafford emergency and all 51 major disasters (FED-006, FED-100 to FED-150), PHE (FED-015); CDC conveyance mask order (FED-020) and TSA SD 1582/84-21-01A and aviation successors (FED-051, FED-053 to FED-056); inbound testing order (FED-042); Conditional Sailing Order and Technical Instructions (FED-031/032); Title 42 order of Oct. 13, 2020 (FED-037); CDC eviction moratorium to July 31 (FED-025); EO 13991, 13998, 13999 (FED-060 to FED-062); DHS transportation emergency (FED-057); DPA delegations and scarce-materials designation (FED-070 to FED-074); OSHA Healthcare ETS with compliance due July 6 and July 21 (FED-080), DIR 2021-02 (FED-081), NEP DIR 2021-01 (FED-082, to July 7); CMS-1744/5531/3401/9912/3414-IFC (FED-090 to FED-094), QSO-20-38-NH (FED-168), QSO-20-39-NH rev. Apr. 27, 2021 (FED-156), QSO-21-19-NH (FED-163), QSO-20-13, -18, -20, -29, -31, -35 (FED-096, FED-098, FED-099, FED-161, FED-165, FED-166); § 1135 blanket waivers (FED-160); PREP Act and § 564 declarations (FED-180 to FED-184); HHS telehealth enforcement discretion (FED-194); FEMA 100 percent cost-share memoranda (FED-007/008).

The federal health, safety and transport layer, last day (Sept. 30, 2021): Sept. 30, 2021: national emergency and Stafford declarations; PHE renewed July 20 (FED-016); CDC conveyance mask order (FED-020) and TSA SD 1582/84-21-01B from Sept. 14 (FED-052) with aviation successors; inbound testing order (FED-042); Conditional Sailing Order (FED-031); Title 42 reassessment order of Aug. 2 (FED-038); EO 13991, 13998, 13999; EO 14042 and 14043 signed Sept. 9 (FED-063, FED-064; no private-contractor obligation before Oct. 15, 2021); DHS transportation emergency; DPA delegations; OSHA Healthcare ETS in full effect (FED-080), DIR 2021-02 (FED-081), revised NEP DIR 2021-03 from July 7 (FED-083), Updated Interim Enforcement Response Plan (FED-084); CMS rules FED-090 to FED-094, FED-160, FED-168, FED-156, FED-163; presidential memorandum of Aug. 17 (FED-009); telehealth discretion (FED-194). Not in force on this day: the CDC eviction moratorium (ended July 31; successor Aug. 3-26, FED-026), the FEMA PPE export rule (expired June 30), the FFCRA mandate (ended Dec. 31, 2020), the OSHA vaccination-or-testing ETS and CMS staff vaccination rule (issued Nov. 5, 2021), the CDC orders of Oct. 25, 2021.

The federal commerce, travel, workplace and finance layer, first day (July 1, 2021): In force: Proclamations 9984, 9992, 10143, 10199 (FED-200, FED-201, FED-207, FED-208); DHS land-border notification of June 23, 2021 (non-essential travel prohibited; to July 21) (FED-232, FED-255); EO 13991, M-21-15 (other than occupancy) and M-21-25 reentry planning (FED-270, FED-271); DoD Mar. 15, 2021 travel restrictions (FED-280); federal courts: N.D. Ill. GO 21-0006 (amended May 26) and Fifth Amended GO 20-0022 (FED-297, FED-301); D.N.J. SO 20-13 (masks) and SO 21-04 as amended (FED-302, FED-306); D. Md. Amended SO 2021-07 (FED-313); N.D. Cal. GO 78 (FED-337); C.D. Cal. Order 20-078 (masks) (FED-285); finance: FHFA, HUD, VA and USDA foreclosure and eviction moratoria through July 31, 2021 (FED-354, FED-364, FED-378, FED-384); CARES Act § 4022 forbearance (FED-340); HUD and VA forbearance request windows to Sept. 30, 2021 (FED-364, FED-378); interagency loan-modification statement and CARES § 4013 relief (FED-342); student-loan payment pause (FED-345); H.Res. 965 (FED-398).

The federal commerce, travel, workplace and finance layer, last day (Sept. 30, 2021): In force: Proclamations 9984, 9992, 10143, 10199 (revoked only on Nov. 8, 2021) (FED-209); DHS land-border notification of Sept. 22, 2021 (to Oct. 21; non-essential travel still prohibited) (FED-235, FED-258); EO 13991 with the Task Force Model Safety Principles of July 29, 2021 (masks regardless of vaccination status in substantial/high-transmission areas; vaccination attestation; visitor vaccination-status disclosure; agency-head approval for events over 50) (FED-272), the Certification of Vaccination form (FED-278), the Sept. 13 update (FED-273), EO 14042 and EO 14043 (Sept. 9) (FED-A), the contractor guidance (Sept. 24) and OMB determination (Sept. 28) (FED-274, FED-275); DoD Mar. 15, 2021 travel restrictions (FED-280); federal courts: N.D. Ill. Third Amended face-covering order (July 30), Amended GO 21-0006 (Sept. 15, effective Sept. 20: vaccination or testing for courtroom presence), GO 21-0033 (Sept. 20: employee and contractor vaccination) and Fifth Amended GO 20-0022 (video criminal proceedings to Oct. 4) (FED-299, FED-298, FED-300, FED-301); D.N.J. Updated Amended SO 21-04 (Sept. 3: one jury selection per vicinage; universal masks; temperature screening) and SO 21-08 (Sept. 13: visitor vaccination or testing) with SO 20-13 masks (FED-307, FED-308, FED-302); D. Md. Amended SO 2021-07 entry exclusions (FED-313); N.D. Cal. GO 78 protocols and remote criminal proceedings (FED-337); C.D. Cal. Order 20-078 masks (until Oct. 1, 2021) (FED-285); finance: FHFA REO eviction moratorium, VA Circular 26-21-14 foreclosure-related eviction moratorium, HUD eviction moratorium and USDA eviction moratorium, all through Sept. 30, 2021 (FED-355, FED-379, FED-364, FED-385); CFPB Regulation X procedural safeguards from Aug. 31, 2021 (FED-344); HUD ML 2021-18 recovery loss-mitigation review (FED-365); HUD and VA forbearance request windows to Sept. 30, 2021 and VA Circular 26-21-20 (Sept. 29) extending them (FED-364, FED-378, FED-380); CARES § 4022 forbearance (FED-340); student-loan payment pause (extended Aug. 6, 2021 to Jan. 31, 2022) (FED-345).

Instruments in the Library for this selection, by layer and quarter (an instrument in force in several quarters is counted in each; the total counts it once).

Layer	2020 Q2	2020 Q3	2020 Q4	2021 Q1	2021 Q2	2021 Q3	Total
Federal layer	179	163	160	175	165	167	330
Sector regulators	58	20	21	18	17	19	73
Group meetings and trade shows	14	7	0	0	0	1	22
All layers	251	190	181	193	182	187	425

3. The statute and the test

An employer is an eligible employer for a calendar quarter under the governmental-orders test if

the operation of the trade or business described in clause (i) is fully or partially suspended during the calendar quarter due to orders from an appropriate governmental authority limiting commerce, travel, or group meetings (for commercial, social, religious, or other purposes) due to the coronavirus disease 2019 (COVID-19)
CARES Act § 2301(c)(2)(A)(ii)(I), Pub. L. 116-136, 134 Stat. 281, 348; I.R.C. § 3134(c)(2)(A)(ii)(I), 135 Stat. 4, 177

Congress enacted those words four times and never changed them. The Coronavirus Aid, Relief, and Economic Security Act of March 27, 2020 enacted the Suspension Clause at section 2301(c)(2)(A)(ii)(I), Pub. L. 116-136, 134 Stat. 281, 347-48, for wages paid after March 12, 2020 and before January 1, 2021 (§ 2301(m), 134 Stat. 351) (Ex. LAW-001). The Taxpayer Certainty and Disaster Tax Relief Act of 2020, Pub. L. 116-260, div. EE, §§ 206-207, 134 Stat. 1182, 3059-65 (Dec. 27, 2020), extended the credit to wages paid before July 1, 2021 and raised its rate to 70 percent; neither section touched the clause (Ex. LAW-002).

The American Rescue Plan Act of 2021, Pub. L. 117-2, § 9651, 135 Stat. 4, 176 (Mar. 11, 2021), added section 3134 to the Internal Revenue Code, whose heading repeats the CARES Act title and whose Suspension Clause reappears word for word at 135 Stat. 177, for wages paid after June 30, 2021 (§ 3134(n), 135 Stat. 182) (Ex. LAW-003). The Infrastructure Investment and Jobs Act, Pub. L. 117-58, § 80604, 135 Stat. 429, 1341 (Nov. 15, 2021), ended the credit for calendar quarters beginning after September 30, 2021, and left the third quarter of 2021 in place (Ex. LAW-004).

The clause has seven elements, taken in the statute's order: orders; from an appropriate governmental authority; limiting commerce, travel, or group meetings (for commercial, social, religious, or other purposes); due to COVID-19; the operation of the trade or business fully or partially suspended; during the calendar quarter; and due to those orders. The words "essential," "comparable operations," "telework," "customers," "voluntary," "more than nominal," "10 percent," "directed at," "jurisdiction over the employer," "proximate," "independent" and "sufficient" appear in none of the four enactments. The credit runs by calendar quarter; the six quarters the clause governs are the second, third and fourth quarters of 2020 and the first, second and third quarters of 2021.

The partial-suspension test and how this report applies it

In this report the Internal Revenue Service is the "Service," the Government as a litigant is the "United States," Notice 2021-20, 2021-11 I.R.B. 922, is the "Notice," and the statutory text above is the "Suspension Clause." Tri-State is Tri-State Memorial Hospital v. United States, No. 2:25-cv-0181-TOR, ECF No. 38 (E.D. Wash. May 28, 2026), the one federal decision construing the clause's words. Doc. 44 is the United States' opposition and cross-motion for summary judgment in Stenson Tamaddon, LLC v. IRS, No. 2:24-cv-01123-SPL (D. Ariz. Jan. 6, 2025), ECF No. 44; Doc. 49 is the summary-judgment order in that case of June 20, 2025; and the Br. for Appellees is the United States' brief in the appeal, No. 25-4217 (9th Cir. Jan. 30, 2026).

The statute controls, and the Notice does not. The United States has told two federal courts so: the Notice "is merely guidance" and "lacks the force of law" (Doc. 44 at 19); "the United States is not arguing that the IRS interpretation has the force of law or is entitled to deference" (Doc. 44 at 31 & n.8); "[w]hether Notice 2021-20 exists or not, the statute will control whether a refund is warranted" (Doc. 44 at 24). The court held that "the Notice carries no force of law and is entitled to no deference" (Doc. 49 at 27) and that the ten percent figure "is not an exclusionary cut-off point, but rather a safe harbor" (Doc. 49 at 26). In the Ninth Circuit the United States called the Notice "nonbinding guidance," its ten percent provision "a quintessential safe harbor," and wrote that "[t]here is no question of deference here" (Br. for Appellees at 26, 37-38, 58).

"Fully or partially suspended" means what the words say. On definitions both parties agreed, Tri-State held: "a 'partial suspension' is a temporary delay, interruption, or termination of a portion an employer's business. The language is plain" (Tri-State at 8-9). The court refused to read "more than nominal" as "significant": "the plain language and ordinary meaning of partial and nominal do not suggest either of those interpretations" (Tri-State at 10-11). The Notice's ten percent rules are "only administrative guidance"; "the IRS Notice provides a method for the test to be met not as a requirement to meet the test" (Tri-State at 15-16). "Due to" means "because of," which "[b]oth Plaintiff and Defendant agree" (Tri-State at 17), and "the Court recognizes that 'due to' requires 'but-for' causation" (Tri-State at 19). The argument that the virus rather than the order caused the changes fails: "[s]ick patients and employees alone did not require additional protocols" (Tri-State at 20-21).

This report applies the test in five steps, with the instruments the Library holds for your selection and no others. Step one, the order: the issuer, the instrument by number and title, its dates and its exhibit; the Service's own Q&A-10 treats "orders, proclamations, or decrees" as orders "without regard to the level of enforcement" (Notice 2021-20, Q&A-10, at 927-28). Step two, the function it reached: the part of the business the order governed, whether the customer-facing floor, the back of house, the office, the workforce, the supply chain or the customer base. Step three, the change it compelled: the operative words, quoted from the instrument, and the sanction behind them. Step four, the quarter: the days on which the instrument was in force, tested against its dates. Step five, the statute's answer: a function is a portion of the operation; a compelled change is a delay, interruption or termination of that portion; but for the order no law required it; and on the definitions the United States agreed to, the operation was partially suspended during the quarter due to the order.

The statute does not ask whether the business was "essential" or stayed open: the Notice's own Q&A-17, Example 4, calls an open hospital under an elective-procedure order partially suspended (Q&A-17, at 930). It does not ask whether the business could telework: Q&A-15 finds a partial suspension wherever a workplace closure "causes the employer to suspend business operations for certain purposes, but not others" (Q&A-15, at 929). It does not ask whose customers were under orders: "a business may be suspended 'due to' a government order addressing a third party" (Br. for Appellees at 41). It does not ask whether a compelled measure was "voluntary": Q&A-14 reaches only a suspension "not due to a governmental order" (Q&A-14, at 929). And it does not ask for a percentage: "The 10 percent is not determinative ... Properly understood, it isn't an eligibility requirement" (Doc. 44 at 14). The Service's letters ask each of those questions. The statute asks one, and this report answers it, instrument by instrument.

How this report was assembled

The report is drawn from The COVID Project's Orders Library, which indexes the governmental orders that limited commerce, travel and group meetings in the United States from March 2020 through September 30, 2021. The Library is organized in layers, and the report walks them in order for your selection: the federal layer (proclamations, executive orders, agency orders and rules, and the federal courts' general orders); your State, from its first declaration to the instrument that ended its general restrictions; your metropolitan area's health officers, mayors and courts; the sector regulators of your industry (licensing boards, health departments, alcohol and gaming regulators, labor agencies and federal program rules); the clusters of authorities that are easy to overlook (ports, aviation, courts, motor-vehicle offices, tribal and territorial governments); the standing duties of your State and of the United States (communicable-disease, workplace-safety and liability-shield statutes); and the organizers' notices of the trade shows, conventions, seasons and tournaments your industry lost.

Every record carries one of two grades, and the report shows only these two. Primary source read means the compiler read the issuing authority's own text: the order as published, the register page, the codified rule, the court's docket entry. Confirmed from a secondary source means the instrument's existence, number, date and substance were established from an identifiable secondary source and the primary text was not read. Records graded unverified or not retrieved never appear. Every exhibit was retrieved from the issuing authority's site or from the Internet Archive's capture of it, kept only if its text contained a distinctive phrase of the instrument, hashed at retrieval and re-checked by a second reviewer.

Every instrument has one exhibit identifier, used everywhere on the site and in this report. A State instrument carries its two-letter State code and a serial number (Ex. TX-004 is Texas Executive Order GA-09 of March 22, 2020); a metropolitan instrument carries MET and the metro code; a federal instrument carries FED; a sector regulator's instrument carries SEC and the industry number, and an organizer's notice adds GM; an overlooked authority carries AGY and its cluster; a standing duty carries DUT and the State code, or DUT-FED (Ex. DUT-FED-001 is the general duty clause of the Occupational Safety and Health Act); a legal authority carries LAW.

The dates decide the quarters. An instrument is in force in a quarter only if its effective date fell on or before the quarter's last day and its end date, if any, fell on or after the quarter's first day. The six quarters are the second, third and fourth quarters of 2020 and the first, second and third quarters of 2021. Because the CARES Act applies to wages paid after March 12, 2020, and the Service's Form 941-X instructions place the credit for wages paid March 13 through March 31, 2020 on the second-quarter return, the orders of March 13 through 31, 2020, the first stay-at-home and closure orders in the country, appear in the record of the second quarter of 2020.

4. How this business operates: Physician Practices and Outpatient Care

The industry is the ambulatory layer of American medicine: NAICS 6211 offices of physicians (establishments of M.D.s and D.O.s in independent general or specialized practice, in their own offices or in the facilities of others), 6213 offices of other health practitioners (physical and occupational therapy, chiropractic, optometry, podiatry, audiology, mental-health practitioners), 6214 outpatient care centers (community health centers, ambulatory surgery centers, dialysis, mental-health and substance-use clinics) and 6215 medical and diagnostic laboratories. The OSHA Healthcare ETS economic analysis counts 161,977 entities, 212,620 establishments and 2,409,333 employees in NAICS 621111 alone (86 Fed. Reg. at 32488). The revenue functions are the in-person visit (CL), the procedure (PR) and the diagnostic (DX); every one of them was the object of governmental orders in 2020, and every one of them operated under force-of-law conditions in 2021. 2020 Q2 (with the March 13-31 run-up): at least thirty-two States, by governor's executive order, health department order or directive with force of law, prohibited or required the postponement of elective and non-urgent surgeries, procedures and, in many States, office visits and routine care (Arkansas: 'Procedures, testing, and office visits that can be safely postponed shall be rescheduled'; Kentucky: 'ALL non-emergent, non-urgent in-person medical, surgical, dental, and any other healthcare practice or procedure must have immediately ceased'; Florida: 'other health care practitioners' offices... are prohibited from providing any medically unnecessary, non-urgent or non-emergency procedure'; Virginia: 'physicians' offices... from providing procedures and surgeries that require PPE'; Oregon: 'all elective and non-urgent procedures across all care settings that utilize PPE, including... outpatient clinics... shall be cancelled, or rescheduled no earlier than June 15, 2020'; New Jersey: elective procedures 'whether undertaken in a hospital, ambulatory surgery center or provider office'). The orders ran from March 18-27, 2020 to dates between April 24 and June 15, 2020, and the resumption orders (Texas GA-15 and GA-19, Mississippi EO 1477, Minnesota EO 20-51, Oregon EO 20-22, Colorado D 2020 045, New Jersey EO 145, Florida EO 20-112) did not restore 2019 operations: they conditioned the resumption on capacity reservations, PPE self-sufficiency, patient screening and testing, waiting-room capacity limits, distancing, plans and prioritization tiers, so the second quarter of 2020 was a quarter of compelled suspension followed by compelled modification in every State that had ordered a suspension. States without a statewide elective order (California, Illinois, Pennsylvania in part, North Carolina, Massachusetts by Department order, and others) reached the same functions through stay-home and closure orders that confined the patient base to enumerated purposes, through county health officer orders, and through the PPE allocation regime (FEMA temporary final rule, 85 Fed. Reg. 20195). Telehealth was the compelled substitute: CMS-1744-IFC and CMS-5531-IFC, the section 1135 blanket waivers, the OCR enforcement-discretion notice and the SAMHSA and DEA exceptions permitted remote care; State orders (Illinois EO 2020-09, Colorado D 2020 020, Maryland Orders 20-03-20-01 and 20-04-01-01, Connecticut EO 7G, Iowa's March 26 proclamation, Oklahoma's Fourth Amended EO 2020-07 para. 11) required insurers to pay for it and suspended the statutes that barred it. Medicare fee-for-service telehealth visits rose from about 840,000 in 2019 to nearly 52.7 million in 2020, a 63-fold increase (HHS ASPE, Dec. 3, 2021); ambulatory visits fell nearly 60 percent by early April 2020 and remained roughly a third below baseline in mid-May (Commonwealth Fund/Phreesia); 97 percent of medical group practices reported a negative financial impact, with average revenue down 55 percent and volume down 60 percent (MGMA, April 2020). 2020 Q3-Q4: the resumption conditions remained (Colorado extended D 2020 045 monthly through at least October 18, 2020; Texas GA-19 through GA-31 kept hospital capacity reservations and, from June 25 (GA-27) and September 17 (GA-31), regional postponement triggers; Minnesota EO 20-51 and Oregon EO 20-22 kept plan and OHA-guidance conditions), the winter surge brought the second wave of procedure orders (Pennsylvania's November 23, 2020 Regional Reduction of Elective Procedures order effective November 30; Nebraska's November 16, 2020 hospital DHM; Texas GA-31 triggers; California's January 5, 2021 hospital surge order), and the universal State mask, capacity and gathering orders reached waiting rooms, staff and patients. 2021 Q1-Q2: the State procedure orders wound down (Texas GA-34 rescinded the regime effective March 10, 2021; Nebraska's DHMs ended May 24, 2021), while telehealth waivers, health-care masking carve-outs in the reopening orders (New Jersey EO 242 para. 13; California's June 15, 2021 face-covering mandate; Illinois EO 2021-12) and the Cal/OSHA ETS as readopted June 17, 2021 remained. 2021 Q3: the OSHA COVID-19 Healthcare ETS, 29 C.F.R. 1910.502 (86 Fed. Reg. 32376, June 21, 2021; compliance July 6 and 21, 2021), bound every physician office, clinic and outpatient center in which any employee provided healthcare services, and its only non-hospital ambulatory exception (para. (a)(2)(iii)) was itself a condition: screening of every non-employee before entry and exclusion of every suspected or confirmed case. OSHA's National Emphasis Program (DIR 2021-03, July 7, 2021) targeted NAICS 621111 offices of physicians for inspection. The States added health-care-worker vaccination and testing mandates that reached private practices (California SPHO orders of July 26 and August 5, 2021: 'Clinics & Doctor Offices (including behavioral health, surgical)'; Washington Proclamation 21-14; Illinois EO 2021-20: 'physician offices'; Rhode Island 216-RICR-20-15-8; New Jersey EO 252: 'clinic-based settings like ambulatory care, urgent care clinics'; Oregon OAR 333-019-1010) and health-care-setting mask rules regardless of vaccination (Illinois EO 2021-20 sec. 1; Oregon OAR 333-019-1011; New Jersey EO 242 para. 13; California's Beyond the Blueprint order). The federal telehealth regime, the 1135 waivers and the HHS emergency renewal of July 19, 2021 were in force all quarter. No day of the six quarters passed without at least one force-of-law instrument prescribing how a physician practice's revenue functions operated.

The functions of the business

The Library records which of these functions each instrument reached. Section 5 names them instrument by instrument and section 9 applies the test to them.

Code	Function
CL	clinical intake and waiting room
PR	procedures and elective visits
DX	diagnostics and laboratory
TM	telehealth under waivers
FD	front desk and scheduling
OF	billing and administration
SC	PPE and supplies
HR	hiring, credentialing, training
WF	workforce availability
CB	patients, referral sources, employers, payers
MK	marketing, outreach, events

5. The orders, quarter by quarter

For each quarter selected, the instruments in force appear by layer: the federal layer (the Library's FED-A and FED-B files, including the federal court orders they hold), the State, the metropolitan area, the industry's regulators, and the agencies, boards and authorities whose orders resolve to the State. Within a layer the instruments that carry the industry's key limitation types come first, then the rest in date order. An instrument in force across several quarters is described in full where it first appears and listed in compact form in each later quarter. Every item carries its citation and its exhibit identifier.

Second quarter of 2020 (Apr. 1, 2020 to June 30, 2020; orders from Mar. 13, 2020)

Federal layer

Ex. FED-264

OMB Memorandum M-20-16

Federal Agency Operational Alignment to Slow the Spread of Coronavirus COVID-19

Office of Management and Budget (Acting Director Russell T. Vought), United States (executive branch, nationwide) (Federal)

Dates: In force from Mar. 17, 2020 to Apr. 20, 2020
Quarters: 2020 Q2
Limitations: Business closureTelework mandateWorkplace rules
Functions reached: OF federal offices emptied nationwide; PJ contractor performance moved to telework or postponed; CS in-person federal transactions postponed (Social Security offices, IRS taxpayer assistance centers, passport agencies, USCIS, USDA service centers, VA regional offices); CB every business whose customer, licensor or counterparty was a federal office
Grade: Primary source read
Days in this quarter: 35

the Government must immediately adjust operations and services to minimize face-to-face interactions, especially at those offices or sites where people may be gathering in close proximity or where highly vulnerable populations obtain services.... Non-mission-critical functions that cannot be performed remotely or that require in-person interactions may be postponed or significantly curtailed.... Maximize telework across the nation for the Federal workforce (including mandatory telework, if necessary), while maintaining mission-critical workforce needs... Assess professional services and labor contracts to extend telework flexibilities to contract workers wherever feasible... Agencies shall communicate with their customers to encourage them to delay transactions which are not time-critical and to ensure that available resources can be re-prioritized to mission-critical activities.

Enforcement: OMB directive; agency facility-access policies for employees, contractors and visitors

Citation: Office of Management and Budget (Acting Director Russell T. Vought), OMB Memorandum M-20-16 (Mar. 17, 2020) (Ex. FED-264) Open the exhibit

Ex. FED-097

QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020)

QSO-20-14-NH (REVISED)

CMS, Quality, Safety & Oversight Group, United States (Medicare and Medicaid nursing homes) (Federal)

Dates: In force from Mar. 13, 2020 to Sept. 17, 2020
Quarters: 2020 Q22020 Q3
Limitations: Business closureGathering capHealth care orders
Functions reached: VS visitation closed to all visitors and 'non-essential healthcare personnel' (home-care-senior-living; hospice; therapy contractors; hair and podiatry services; clergy); RS admissions and cohorting; DN communal dining and group activities cancelled; IN referral flows from hospitals
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

[As CMS restated it in QSO-20-39-NH:] In March of 2020, CMS issued memorandum QSO 20-14-NH providing guidance to facilities on restricting visitation of all visitors and non-essential healthcare personnel, except for certain compassionate care situations, such as an end-of-life situation. [QSO-20-14-NH revised text:] Facilities should actively screen and restrict visitation by those who meet the following criteria... Restricting means the individual should not be allowed in the facility at all, until they no longer meet the criteria above.

Enforcement: F-tag F563 (visitation) and F880 (infection control) survey enforcement

Citation: CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097) Open the exhibit

Ex. FED-190

The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread

The President's Coronavirus Guidelines for America - 15 Days to Slow the Spread

The President and the White House Coronavirus Task Force (with CDC), United States (Federal)

Dates: In force from Mar. 16, 2020 to Apr. 30, 2020
Quarters: 2020 Q2
Limitations: Business closureTelework mandateGathering capTravel and quarantineSchools and child care
Functions reached: context: the federal template for the ten-person gathering limit, the telework instruction, the closure of bars, restaurants and gyms, and the travel restraint that State orders enacted
Grade: Primary source read
Days in this quarter: 46

[image-only PDF; text as read in the prior verified research:] Listen to and follow the directions of your STATE AND LOCAL AUTHORITIES.... Work or engage in schooling FROM HOME whenever possible.... AVOID SOCIAL GATHERINGS in groups of more than 10 people.... Avoid eating or drinking at bars, restaurants, and food courts - USE DRIVE-THRU, PICKUP, OR DELIVERY OPTIONS. AVOID DISCRETIONARY TRAVEL, shopping trips, and social visits.... IN STATES WITH EVIDENCE OF COMMUNITY TRANSMISSION, bars, restaurants, food courts, gyms, and other indoor and outdoor venues where groups of people congregate should be closed.

Enforcement: None (guidance); the template every State stay-at-home and closure order of March 2020 implemented

Citation: The President and the White House Coronavirus Task Force (with CDC), The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020) (Ex. FED-190) Open the exhibit

Ex. FED-266

OMB Memorandum M-20-18

Managing Federal Contract Performance Issues Associated with the Novel Coronavirus (COVID-19)

Office of Management and Budget (Deputy Director for Management), United States (federal contractors) (Federal)

Dates: In force from Mar. 20, 2020 to Dec. 31, 2020
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Telework mandateWorkplace rules
Functions reached: PL staffing, janitorial, security and IT contractor personnel at federal sites; PJ contract performance postponed or converted to telework; CB federal contractor base
Grade: Primary source read
Days in this quarter: 103 (in force on the last day)

Agencies are urged to work with their contractors, if they haven't already, to evaluate and maximize telework for contractor employees, wherever possible.... if a contractor is unable to perform in a timely manner due to quarantining, social distancing, or other COVID-19 related interruptions, agencies should consider whether excusable delay provisions apply...

Enforcement: OMB directive to contracting officers

Citation: Office of Management and Budget (Deputy Director for Management), OMB Memorandum M-20-18 (Mar. 20, 2020) (Ex. FED-266) Open the exhibit

Ex. FED-191

30 Days to Slow the Spread (extension of the March 16 guidelines through April 30, 2020)

The President's Coronavirus Guidelines for America - 30 Days to Slow the Spread

The President and the White House Coronavirus Task Force, United States (Federal)

Dates: In force from Mar. 31, 2020 to Apr. 30, 2020
Quarters: 2020 Q2
Limitations: Business closureTelework mandateGathering capTravel and quarantineSchools and child care
Functions reached: context
Grade: Primary source read
Days in this quarter: 31

Enforcement: None (guidance)

Citation: The President and the White House Coronavirus Task Force, 30 Days to Slow the Spread (extension of the March 16 guidelines through April 30, 2020) (Mar. 31, 2020) (Ex. FED-191) Open the exhibit

Ex. FED-158

CMS, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Apr. 7, 2020) (tiered framework; supplements the Adult Elective Surgery and Procedures Recommendations of Mar. 18, 2020)

Non-Emergent, Elective Medical Services, and Treatment Recommendations

Centers for Medicare & Medicaid Services, HHS, United States (all healthcare facilities and clinicians) (Federal)

Dates: In force from Apr. 7, 2020 to Apr. 19, 2020
Quarters: 2020 Q2
Limitations: Business closureHealth care orders
Functions reached: SX surgery and elective procedures (hospitals); PR procedures and elective visits (physician practices); PR/CH elective and aerosol-generating dental procedures; DX diagnostics and preventive services; CB patient volumes
Grade: Primary source read
Days in this quarter: 13

CMS, in collaboration with medical societies and associations, recently created recommendations to postpone non-essential surgeries and other procedures. This document provides recommendations to limit those medical services that could be deferred, such as non-emergent, elective treatment, and preventive medical services for patients of all ages. A tiered framework is recommended to prioritize services and care to those who require emergent or urgent attention to save a life, manage severe disease, or avoid further harms from an underlying condition.... CMS urges healthcare facilities and clinicians to consider the following tiered approach to curtailing non-emergent, elective medical services and treatment.

Enforcement: Recommendations; made mandatory by State elective-procedure orders and referenced in CMS survey guidance

Citation: Centers for Medicare & Medicaid Services, HHS, CMS, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Apr. 7, 2020) (tiered framework; supplements the Adult Elective Surgery and Procedures Recommendations of Mar. 18, 2020) (Ex. FED-158) Open the exhibit

Ex. FED-192

Guidelines for Opening Up America Again (Apr. 16, 2020)

Guidelines for Opening Up America Again

The President and the White House Coronavirus Task Force, United States (Federal)

Dates: In force from Apr. 16, 2020 to Sept. 30, 2020
Quarters: 2020 Q22020 Q3
Limitations: Business closureTelework mandateCapacity limitGathering capTravel and quarantine
Functions reached: context: the federal template of the phased reopenings that State orders enacted (telework 'whenever possible' for employers in Phases One and Two; closed or capacity-limited venues; ten-person and fifty-person gathering ceilings; travel minimization)
Grade: Primary source read
Days in this quarter: 76 (in force on the last day)

President Trump has unveiled Guidelines for Opening Up America Again, a three-phased approach based on the advice of public health experts. These steps will help state and local officials when reopening their economies, getting people back to work, and continuing to protect American lives.... Proposed State or Regional Gating Criteria: Satisfy Before Proceeding to Phased Comeback... Downward trajectory of documented cases within a 14-day period... Phase One: For States and Regions that satisfy the gating criteria. INDIVIDUALS: ALL VULNERABLE INDIVIDUALS should continue to shelter in place.... Social settings of more than 10 people, where appropriate distancing may not be practical, should be avoided unless precautionary measures are observed. Avoid SOCIALIZING in groups of more than 10 people in circumstances that do not readily allow for appropriate physical distancing (e.g.…

Enforcement: None (guidance); adopted by reference in State reopening orders (e.g., the phased frameworks of Texas, Georgia, Arizona, Ohio, Pennsylvania, Colorado) and by CMS (FED-159)

Citation: The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192) Open the exhibit

Ex. FED-159

CMS Recommendations, Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020)

Opening Up America Again: Centers for Medicare & Medicaid Services (CMS) Recommendations Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I

Centers for Medicare & Medicaid Services, HHS, United States (Federal)

Dates: In force from Apr. 19, 2020 to June 8, 2020
Quarters: 2020 Q2
Limitations: Capacity limitHealth care ordersWorkplace rules
Functions reached: SX/PR resumption conditions (screening, PPE, testing, facility zoning, visitor limits, distancing in waiting rooms); OC outpatient; CB
Grade: Primary source read
Days in this quarter: 51

To expand capacity to care for these patients and to conserve adequate staff and supplies, especially personal protective equipment (PPE), on March 18 the Centers for Medicare & Medicaid Services (CMS) recommended limiting non-essential care and expanding surge capacity into ambulatory surgical centers and other areas.... Therefore, if states or regions have passed the Gating Criteria (symptoms, cases, and hospitals) announced on April 16, 2020, then they may proceed to Phase I.... Maximum use of all telehealth modalities is strongly encouraged. However, for care that cannot be accomplished virtually, these recommendations -- the first in a series of recommendations -- may guide healthcare systems and facilities as they consider resuming in-person care of non-COVID-19 patients in regions with low incidence of COVID-19 disease.

Enforcement: Recommendations; conditions adopted by State reopening orders for health care

Citation: Centers for Medicare & Medicaid Services, HHS, CMS Recommendations, Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020) (Ex. FED-159) Open the exhibit

Ex. FED-268

OMB/OPM Memorandum M-20-23

Aligning Federal Agency Operations with the National Guidelines for Opening Up America Again

Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas), United States (executive branch) (Federal)

Dates: In force from Apr. 20, 2020 to June 10, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Telework mandateWorkplace rules
Functions reached: OF federal offices on maximum telework through the gating period, geography by geography; CS visitor screening and access limits at every federal facility; PJ contractor access
Grade: Primary source read
Days in this quarter: 72 (in force on the last day)

Gating Period: Agencies should continue in 'Maximum Telework Flexibility' operating status, at the discretion of the agency head.... Facilities Screening. Agencies must ensure their policies and procedures restrict individuals infected with or at higher risk for serious illness from COVID-19 from accessing Federal facilities... These agency policies must include specific considerations for Federal employees, contractors and visitors.... Agencies must continue to maximize telework flexibilities specifically for workers... at higher risk...

Enforcement: OMB/OPM directive; facility decisions by each GSA building's Designated Official and Facility Security Committee

Citation: Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas), OMB/OPM Memorandum M-20-23 (Apr. 20, 2020) (Ex. FED-268) Open the exhibit

Ex. FED-180

Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020)

Declaration Under the Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020)

Secretary of Health and Human Services, United States (Federal)

Dates: In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationHealth care orders
Functions reached: context: the federal legal framework under which pharmacies, employers' clinics, and later dental and other practitioners administered tests and vaccines
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

The Public Readiness and Emergency Preparedness Act (PREP Act) authorizes the Secretary of Health and Human Services (the Secretary) to issue a Declaration to provide liability immunity to certain individuals and entities (Covered Persons) against any claim of loss caused by, arising out of, relating to, or resulting from the manufacture, distribution, administration, or use of medical countermeasures (Covered Countermeasures), except for claims involving 'willful misconduct' as defined in the PREP Act.... DATES: The Declaration was effective as of February 4, 2020.

Enforcement: Liability immunity; amended nine times through 2021 (85 Fed. Reg. 21012; 35100; 52136; 79190; 86 Fed. Reg. 7872; 9516; 14462; 41977; 51160)

Citation: Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180) Open the exhibit

Ex. FED-181

Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV

Determination of Public Health Emergency, 85 Fed. Reg. 7316 (Feb. 7, 2020)

Secretary of Health and Human Services, United States (Federal)

Dates: In force from Feb. 4, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationHealth care orders
Functions reached: context: the earliest federal emergency determination (Feb. 4, 2020); the legal basis of every COVID-19 test EUA
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

On February 4, 2020, the Secretary determined pursuant to his authority under section 564 of the FD&C Act that there is a public health emergency that has a significant potential to affect national security or the health and security of United States citizens living abroad and that involves a novel (new) coronavirus (nCoV) first detected in Wuhan City, Hubei Province, China in 2019 (2019-nCoV). On the basis of this determination, he also declared that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for detection and/or diagnosis of this novel coronavirus (2019-nCoV) pursuant to section 564 of the FD&C Act

Enforcement: Framework for FDA emergency use authorizations

Citation: Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181) Open the exhibit

Ex. FED-160

COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021)

COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers

Centers for Medicare & Medicaid Services, HHS, United States (Medicare, Medicaid and CHIP providers) (Federal)

Dates: In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: TM telehealth (physician practices, behavioral health); IP surge capacity and 'hospitals without walls' (hospitals); HC/SN home health assessments and supervision (home care); OF credentialing and administration (HR); CB payers
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

CMS is empowered to take proactive steps through 1135 waivers as well as, where applicable, authority granted under section 1812(f) of the Social Security Act (the Act) and rapidly expand the Administration's aggressive efforts against COVID-19. As a result, the following blanket waivers are in effect, with a retroactive effective date of March 1, 2020 through the end of the emergency declaration.... Home Health Agencies (HHAs): Initial Assessments. CMS is waiving the requirements at 42 CFR § 484.55(a) to allow HHAs to perform Medicare-covered initial assessments and determine patients' homebound status remotely or by record review. Waive Onsite Visits for HHA Aide Supervision. CMS is waiving the requirements at 42 CFR § 484.80(h), which require a nurse to conduct an onsite visit every two weeks.

Enforcement: Modifies otherwise mandatory conditions of participation; survey and certification

Citation: Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160) Open the exhibit

Ex. FED-096

CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020)

QSO-20-13-Hospitals

CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, United States (Medicare-participating hospitals) (Federal)

Dates: In force from Mar. 4, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care orders
Functions reached: ED intake and screening; VS visitation; IC infection control; IP placement and discharge
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

Hospital Guidance and Actions - CMS regulations and guidance support hospitals taking appropriate action to address potential and confirmed COVID cases and mitigate transmission including screening, discharge and transfers from the hospital, and visitation.... Hospitals should identify visitors and patients at risk for having COVID-19 infection before or immediately upon arrival to the healthcare facility.

Enforcement: Hospital CoP survey and enforcement (42 C.F.R. § 482.42)

Citation: CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096) Open the exhibit

Ex. FED-164

CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)

QSO-20-12-All, Suspension of Survey Activities

CMS, Quality, Safety & Oversight Group, United States (all certified providers, suppliers and CLIA laboratories) (Federal)

Dates: In force from Mar. 4, 2020 to May 1, 2023
Quarters: 2020 Q2
Limitations: Health care ordersCourts and public offices
Functions reached: CT/HR certification and survey functions (initial certification and change-of-ownership surveys delayed for new providers and acquirers)
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

Specifically, CMS is suspending non-emergency inspections across the country, allowing inspectors to turn their focus on the most serious health and safety threats like infectious diseases and abuse.... Effective immediately, survey activity is limited to the following (in Priority Order): All immediate jeopardy complaints... Complaints alleging infection control concerns, including facilities with potential COVID-19 or other respiratory illnesses; Statutorily required recertification surveys (Nursing Home, Home Health, Hospice, and ICF/IID facilities); Any re-visits necessary to resolve current enforcement actions; Initial certifications; Surveys of facilities/hospitals that have a history of infection control deficiencies

Enforcement: Governs federal survey operations

Citation: CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-164) Open the exhibit

Ex. FED-088

Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020)

Guidance on Preparing Workplaces for COVID-19

OSHA, U.S. Department of Labor, United States (all employers) (Federal)

Dates: In force from Mar. 9, 2020 to Jan. 29, 2021
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Workplace rules
Functions reached: EMP context: the federal template (exposure-risk pyramid; engineering, administrative and PPE controls) that State workplace orders incorporated by reference
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

This guidance is not a standard or regulation, and it creates no new legal obligations. It contains recommendations as well as descriptions of mandatory safety and health standards. The recommendations are advisory in nature, informational in content, and are intended to assist employers in providing a safe and healthful workplace.... the Act's General Duty Clause, Section 5(a)(1), requires employers to provide their employees with a workplace free from recognized hazards likely to cause death or serious physical harm.

Enforcement: None as guidance; general duty clause citations used it as the measure of recognized hazard and feasible abatement

Citation: OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088) Open the exhibit

Ex. FED-098

QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs)

QSO-20-18-HHA

CMS, Quality, Safety & Oversight Group, United States (Medicare and Medicaid home health agencies) (Federal)

Dates: In force from Mar. 10, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care orders
Functions reached: HC in-home visits (pre-visit screening); IC infection control; HR/WF staff monitoring
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

This memorandum responds to questions we have received and provides important guidance for all Medicare and Medicaid participating Home Health Agencies (HHAs) in addressing the COVID-19 outbreak and minimizing transmission to other individuals.... HHAs should be monitoring the health status of everyone (patients/residents/visitors/staff/etc.) in the homecare setting for signs or symptoms of COVID-19.... When making a home visit, HHAs should identify patients at risk for having COVID-19 infection before or immediately upon arrival to the home.

Enforcement: HHA CoP survey and certification (42 C.F.R. § 484.70)

Citation: CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098) Open the exhibit

Ex. FED-262

OMB Memorandum M-20-13

Updated Guidance on Telework Flexibilities in Response to Coronavirus

Office of Management and Budget (Acting Director Russell T. Vought), United States (executive branch) (Federal)

Dates: In force from Mar. 12, 2020 to Apr. 20, 2020
Quarters: 2020 Q2
Limitations: Telework mandate
Functions reached: OF federal office premises begin to empty; CS client and customer access to federal offices; PJ federal procurement and contracting-officer availability
Grade: Primary source read
Days in this quarter: 39 (in force on the first day)

All Federal Executive Branch departments and agencies are encouraged to maximize telework flexibilities to eligible workers within those populations that the Centers for Disease Control and Prevention (CDC) has identified as being at higher risk... Additionally, agencies are encouraged to consult with local public health officials and the CDC about whether to extend telework flexibilities more broadly to all eligible teleworkers in areas in which either such local officials or the CDC have determined there is community spread.

Enforcement: OMB management directive to agency heads

Citation: Office of Management and Budget (Acting Director Russell T. Vought), OMB Memorandum M-20-13 (Mar. 12, 2020) (Ex. FED-262) Open the exhibit

Ex. FED-290

Press release of March 12, 2020 (Building closed to the public)

Supreme Court Building closed to the public until further notice

Supreme Court of the United States (Public Information Office), Supreme Court of the United States (Court)

Dates: In force from Mar. 12, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Business closureCourts and public offices
Functions reached: CT; CS Washington tourism and visitor commerce
Grade: Confirmed from a secondary source
Days in this quarter: 110 (the whole quarter)

Enforcement: Supreme Court Police

Citation: Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)

Ex. FED-027

CDC No Sail Order and Suspension of Further Embarkation

No Sail Order and Suspension of Further Embarkation, 85 Fed. Reg. 16628 (Mar. 24, 2020)

Centers for Disease Control and Prevention, HHS (CDC Director), United States (all cruise ships in U.S. waters or intending to return; 250+ passenger capacity) (Federal)

Dates: In force from Mar. 14, 2020 to Dec. 31, 2020
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Business closureTravel and quarantineEvents and venues
Functions reached: TV travel demand (hotels-travel); GS group sales and travel agencies; CB cruise passengers and the port economies (Miami, Port Canaveral, Galveston, Seattle, Los Angeles, New Orleans, Baltimore, New York); SC provisioning and port services
Grade: Primary source read
Days in this quarter: 109 (in force on the last day)

announces the issuance of a No Sail Order and Suspension of Further Embarkation on March 14, 2020 for all cruise ships that are not voluntarily suspending operation.... This Notice of No Sail Order and Other Measures Related to Operations shall apply only to the subset of carriers described below and hereinafter referred to as 'cruise ships,' except this Order shall not apply to any cruise ship that voluntarily suspends operations for the period of this Order

Enforcement: 42 U.S.C. § 271; 42 C.F.R. §§ 70.18, 71.2 (criminal penalties); Coast Guard captain-of-the-port authority

Citation: Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027) Open the exhibit

Ex. FED-263

OMB Memorandum M-20-15

Updated Guidance for the National Capital Region on Telework Flexibilities in Response to Coronavirus

Office of Management and Budget (Acting Director Russell T. Vought), United States (National Capital Region) (Federal)

Dates: In force from Mar. 15, 2020 to Mar. 17, 2020
Quarters: 2020 Q2
Limitations: Telework mandate
Functions reached: OF Washington-area federal offices; CS downtown Washington commerce (food service, retail, parking, transit) dependent on 360,000 federal workers; CB
Grade: Primary source read
Days in this quarter: 3

All Federal Executive Branch departments and agencies within the National Capital Region (NCR), consistent with OMB's recent guidance (OMB M-20-13), are asked to offer maximum telework flexibilities to all current telework eligible employees... agency heads should develop an operational plan that maximizes resources and functional areas to most safely and efficiently deliver these mission-critical functions and other Government services (including but not limited to staggered work schedules and other operational mitigation measures).

Enforcement: OMB management directive

Citation: Office of Management and Budget (Acting Director Russell T. Vought), OMB Memorandum M-20-15 (Mar. 15, 2020) (Ex. FED-263) Open the exhibit

Ex. FED-279

Order of March 16, 2020 (COVID-19 building access)

Order restricting access to the James R. Browning, William K. Nakamura, Pioneer and Richard H. Chambers United States Courthouses

United States Court of Appeals for the Ninth Circuit (Order filed by the Clerk, Molly C. Dwyer), United States Court of Appeals for the Ninth Circuit (San Francisco, Seattle, Portland, Pasadena courthouses) (Court)

Dates: In force from Mar. 16, 2020 to June 30, 2020
Quarters: 2020 Q2
Limitations: Business closureCourts and public offices
Functions reached: CT appellate courthouses closed to the public; arguments by video or livestream; CS law firms' appellate practice
Grade: Primary source read
Days in this quarter: 107 (in force on the last day)

Chief among the recommended precautions is to limit person to person interactions. Therefore, it is hereby ordered that: Access to the James R. Browning (San Francisco), the William K. Nakamura (Seattle), the Pioneer (Portland) and the Richard H. Chambers (Pasadena) United States Courthouses is restricted to judges and court staff during non-court weeks. In the event any public court proceeding is held, it will be livestreamed.

Enforcement: court order; U.S. Marshals and court security

Citation: United States Court of Appeals for the Ninth Circuit (Order filed by the Clerk, Molly C. Dwyer), Order of March 16, 2020 (COVID-19 building access) (Mar. 16, 2020) (Ex. FED-279) Open the exhibit

Ex. FED-194

Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency

Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency, 85 Fed. Reg. 22024 (Apr. 21, 2020)

HHS Office for Civil Rights, United States (HIPAA covered health care providers) (Federal)

Dates: In force from Mar. 17, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: TM telehealth (physician practices, behavioral health, dental consultations ('dental consultation or psychological evaluation' named in the notice)); CL clinical intake moved remote; OF
Grade: Primary source read
Days in this quarter: 106 (in force on the last day)

As a matter of enforcement discretion, the HHS Office for Civil Rights (OCR) will not impose penalties for noncompliance with the regulatory requirements under the HIPAA rules against covered health care providers in connection with the good faith provision of telehealth during the COVID-19 nationwide public health emergency.... A covered health care provider that wants to use audio or video communication technology to provide telehealth to patients during the COVID-19 nationwide public health emergency can use any non-public facing remote communication product that is available to communicate with patients.... This exercise of discretion applies to telehealth provided for any reason, regardless of whether the telehealth service is related to the diagnosis and treatment of health conditions related to COVID-19.

Enforcement: Non-enforcement of HIPAA penalties for good-faith telehealth

Citation: HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194) Open the exhibit

Ex. FED-390

Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors

Hoover Dam temporarily closed to all visitors

Bureau of Reclamation, Hoover Dam, Nevada-Arizona (Bureau of Reclamation, Lower Colorado Basin Region) (Federal)

Dates: In force from Mar. 17, 2020 to Oct. 22, 2020
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Business closure
Functions reached: AM the busiest federal tourist attraction in the Southwest (about one million visitors a year) closed; CB Las Vegas tour operators and Boulder City commerce
Grade: Primary source read
Days in this quarter: 106 (in force on the last day)

[In accordance with guidance] by the Centers for Disease Control and Prevention, Hoover Dam will be temporarily closed to visitors, including [the visitor center and all tours, until further notice.]

Enforcement: Reclamation facility order

Citation: Bureau of Reclamation, Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors (Ex. FED-390) Open the exhibit

Ex. FED-324

USCIS alert of Mar. 17, 2020: USCIS Temporarily Closing Offices to the Public (Mar. 18 - Apr. 1, 2020), extended to May 3 and then to June 3, 2020

USCIS Temporarily Closing Offices to the Public March 18 - April 1

U.S. Citizenship and Immigration Services, United States (all USCIS field offices, asylum offices and Application Support Centers) (Federal)

Dates: In force from Mar. 18, 2020 to June 4, 2020 (issued Mar. 17, 2020)
Quarters: 2020 Q2
Limitations: Business closureCourts and public offices
Functions reached: HR work-authorization biometrics, interviews and naturalization ceremonies postponed; CS immigration law practice; WF
Grade: Primary source read
Days in this quarter: 79

Effective March 18, U.S. Citizenship and Immigration Services is suspending in-person services at its field offices, asylum offices and Application Support Centers (ASCs) to help slow the spread of Coronavirus 2019 (COVID-19). This suspension of services will be effective until at least April 1. In the meantime, USCIS will provide limited emergency services.

Enforcement: agency closure

Citation: U.S. Citizenship and Immigration Services, USCIS alert of Mar. 17, 2020: USCIS Temporarily Closing Offices to the Public (Mar. 18 - Apr. 1, 2020), extended to May 3 and then to June 3, 2020 (Ex. FED-324) Open the exhibit

Ex. FED-387

NPS news release of Mar. 18, 2020: National Park Service to Temporarily Suspend Park Entrance Fees (with the accompanying direction that superintendents modify operations and close facilities)

National Park Service to Temporarily Suspend Park Entrance Fees

Secretary of the Interior David L. Bernhardt; National Park Service, United States (National Park System) (Federal)

Dates: In force from Mar. 18, 2020 to June 30, 2020
Quarters: 2020 Q2
Limitations: Business closureOther
Functions reached: AM attractions and gateway-community tourism (lodging, dining, outfitters, concessions); CB
Grade: Primary source read
Days in this quarter: 105 (in force on the last day)

Secretary of the Interior David Bernhardt directed the National [Park Service (NPS) to temporarily suspend the collection of all park entrance fees until further notice.] News Release Date: March 18, 2020

Enforcement: Secretarial direction

Citation: Secretary of the Interior David L. Bernhardt; National Park Service, NPS news release of Mar. 18, 2020: National Park Service to Temporarily Suspend Park Entrance Fees (with the accompanying direction that superintendents modify operations and close facilities) (Ex. FED-387) Open the exhibit

Ex. FED-267

OMB Memorandum M-20-19

Harnessing Technology to Support Mission Continuity

Office of Management and Budget, United States (executive branch) (Federal)

Dates: In force from Mar. 22, 2020 to Dec. 31, 2020
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Telework mandate
Functions reached: OF federal telework infrastructure; HR remote onboarding of federal personnel
Grade: Primary source read
Days in this quarter: 101 (in force on the last day)

OMB issued M-20-16, Federal Agency Operational Alignment to Slow the Spread of Coronavirus..., which directed agencies to maximize telework across the nation... Agencies are able to make a risk determination and issue an alternate credential/authenticator... to onboard mission-critical personnel.

Enforcement: OMB directive

Citation: Office of Management and Budget, OMB Memorandum M-20-19 (Mar. 22, 2020) (Ex. FED-267) Open the exhibit

Ex. FED-386

Secretary of the Interior memorandum, Ensuring the Continued Performance of the Mission of the Department of the Interior during the Global Coronavirus (COVID-19) Pandemic

Ensuring the Continued Performance of the Mission of the Department of the Interior during the Global Coronavirus (COVID-19) Pandemic

Secretary of the Interior David L. Bernhardt, United States (Department of the Interior, all bureaus: NPS, BLM, Reclamation, USGS, FWS, BIA) (Federal)

Dates: In force from Mar. 22, 2020 to Apr. 30, 2020
Quarters: 2020 Q2
Limitations: Telework mandate
Functions reached: OF Interior offices emptied; CS permitting, leasing, inspections and field work by Interior bureaus curtailed (oil and gas, grazing, mining, recreation concessions); PJ federal customer site access
Grade: Primary source read
Days in this quarter: 40

Performance of Duties Via Telework for Most Department Employees... Department employees not performing or supporting mission essential functions [or performing mission critical functions as determined by their State or Regional Director, or equivalent management authority,] should telework. Supervisors are hereby directed to instruct employees under their supervision to telework, if telework [ready]... If a telework-eligible employee is unable to enter into a telework agreement, the supervisor shall grant the employee weather and safety leave for a period not to exceed fourteen calendar days.

Enforcement: Secretarial directive to supervisors

Citation: Secretary of the Interior David L. Bernhardt, Secretary of the Interior memorandum, Ensuring the Continued Performance of the Mission of the Department of the Interior during the Global Coronavirus (COVID-19) Pandemic (Mar. 22, 2020) (Ex. FED-386) Open the exhibit

Ex. FED-099

CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)

QSO-20-20-ALL, Prioritization of Survey Activities

CMS, Quality, Safety & Oversight Group, United States (all Medicare/Medicaid certified providers and suppliers; CLIA laboratories) (Federal)

Dates: In force from Mar. 23, 2020 to May 1, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersCourts and public offices
Functions reached: CT/HR licensure, certification and survey functions of every certified provider (initial certifications, changes of ownership and revisits delayed); IC (focused infection control surveys imposed)
Grade: Primary source read
Days in this quarter: 100 (in force on the last day)

On Friday, March 13, 2020, the President declared a national emergency, which triggers the Secretary's ability to authorize waivers or modifications of certain requirements pursuant to section 1135 of the Social Security Act (the Act). [CMS suspends standard surveys and prioritizes survey activity to immediate jeopardy complaints, infection control surveys and other listed categories for a three-week period, then as extended.]

Enforcement: Governs State Survey Agency operations (federal survey and certification)

Ex. FED-284

Order of the Chief Judge No. 20-042

In re: Coronavirus Public Emergency - Activation of the Continuity of Operations Plan (courthouses closed)

Chief Judge Virginia A. Phillips, United States District Court for the Central District of California (Los Angeles, Santa Ana, Riverside) (Court)

Dates: In force from Mar. 23, 2020 to June 30, 2020 (issued Mar. 19, 2020)
Quarters: 2020 Q2
Limitations: Business closureCourts and public offices
Functions reached: CT the largest federal district in the country closed its courthouses to the public Mar. 23 - May 1, 2020 and continued civil and criminal trials; CS litigation practice, process servers, court reporters, interpreters
Grade: Primary source read
Days in this quarter: 100 (in force on the last day)

the Continuity of Operations Plan... of the Central District of California is hereby activated, effective March 23, 2020 through and including May 1, 2020... All of the Courthouses of the Central District of California will be closed to the public... [emergency criminal matters and applications for temporary restraining orders and preliminary injunctions to be heard at] the Roybal Building and United States Courthouse in Los Angeles only.

Enforcement: court order; U.S. Marshals

Citation: Chief Judge Virginia A. Phillips, Order of the Chief Judge No. 20-042 (Mar. 19, 2020) (Ex. FED-284) Open the exhibit

Ex. FED-310

Second Amended Standing Order 2020-02

In re: Restrictions on Visitors to Courthouses

Chief Judge James K. Bredar, United States District Court for the District of Maryland (Baltimore, Greenbelt) (Court)

Dates: In force from Mar. 23, 2020 to Sept. 30, 2021 (issued Mar. 20, 2020)
Quarters: 2020 Q2
Limitations: Business closureCourts and public offices
Functions reached: CT courthouses closed to the general public from Mar. 23, 2020; CS
Grade: Primary source read
Days in this quarter: 100 (in force on the last day)

ORDERED by the United States District Court for the District of Maryland that, effective March 23, 2020, no members of the public, other than litigants with a scheduled proceeding, [may enter any] U.S. Courthouse in the District of Maryland without prior permission from the Chief Judge or [the presiding judge]... [a drop box is available at] the entrance of each courthouse to deposit and date-stamp papers between 9:00 a.m. and 4:00 p.m., Monday through Friday; and it is further ORDERED that, in addition to the above restrictions, the following persons shall not enter any U.S. Courthouse or U.S. Probation Office in this District: [persons with symptoms, exposure or recent travel]...

Enforcement: court order; court security officers

Citation: Chief Judge James K. Bredar, Second Amended Standing Order 2020-02 (Mar. 20, 2020) (Ex. FED-310) Open the exhibit

Ex. FED-391

USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment Only

USDA Service Centers Open for Business by Phone Appointment Only

U.S. Department of Agriculture, Farm Production and Conservation mission area, United States (all USDA Service Centers: FSA, NRCS, Rural Development) (Federal)

Dates: In force from Mar. 23, 2020 to Sept. 30, 2020
Quarters: 2020 Q22020 Q3
Limitations: Business closureCourts and public offices
Functions reached: CS farm program sign-ups, loan closings and conservation contracts by phone only; FP; IN
Grade: Confirmed from a secondary source
Days in this quarter: 100 (in force on the last day)

Enforcement: USDA operating directive

Citation: U.S. Department of Agriculture, Farm Production and Conservation mission area, USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment Only (Ex. FED-391)

Ex. FED-184

Emergency Use Authorization Declaration: drugs and biological products

Emergency Use Authorization Declaration, 85 Fed. Reg. 18250 (Apr. 1, 2020)

Secretary of Health and Human Services, United States (Federal)

Dates: In force from Mar. 27, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationHealth care orders
Functions reached: context: legal basis of every COVID-19 vaccine and therapeutic EUA
Grade: Primary source read
Days in this quarter: 96 (in force on the last day)

On March 27, 2020, on the basis of my determination of a public health emergency that has a significant potential to affect national security or the health and security of United States citizens living abroad and that involves the novel (new) coronavirus, I declared that circumstances exist justifying the authorization of emergency use of drugs and biological products during the COVID-19 pandemic

Enforcement: Framework

Citation: Secretary of Health and Human Services, Emergency Use Authorization Declaration: drugs and biological products (Mar. 27, 2020) (Ex. FED-184) Open the exhibit

Ex. FED-389

BLM news release of Mar. 27, 2020: BLM temporarily closes developed recreation facilities in Oregon

BLM Temporarily Closes Developed Recreation Facilities in Oregon

Bureau of Land Management, Oregon/Washington State Office and District Managers, Oregon (Bureau of Land Management districts statewide) (Federal)

Dates: In force from Mar. 27, 2020 to June 30, 2020
Quarters: 2020 Q2
Limitations: Business closure
Functions reached: AM outdoor recreation and campground concessions; CB gateway communities
Grade: Primary source read
Days in this quarter: 96 (in force on the last day)

[The BLM will] temporarily close many of its developed recreation facilities to help limit the spread of COVID-19. This closure includes all campgrounds, and some day use sites, and restrooms. Trash pickup and sanitation [services are also suspended]... These closures are pursuant to the Code of Federal Regulations (CFR): 43 CFR § 8364.1, 43 CFR § 9268.3(d)(1), and 43 CFR § 8365.1-4.... BLM-managed trails and open spaces remain open across Oregon.

Enforcement: 43 C.F.R. § 8364.1 closure orders; 43 C.F.R. § 8360.0-7 penalties

Citation: Bureau of Land Management, Oregon/Washington State Office and District Managers, BLM news release of Mar. 27, 2020: BLM temporarily closes developed recreation facilities in Oregon (Ex. FED-389) Open the exhibit

Ex. FED-090

CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with comment period)

Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency, 85 Fed. Reg. 19230 (Apr. 6, 2020)

Centers for Medicare & Medicaid Services, HHS, United States (Medicare and Medicaid providers) (Federal)

Dates: In force from Mar. 31, 2020 to May 11, 2023 (issued Mar. 30, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: TM telehealth under waivers (physician practices, behavioral health); HC/SN home health (homebound clarification; telecommunications technology on the plan of care); OF billing and administration of every Medicare provider; CB patients and payers
Grade: Primary source read
Days in this quarter: 92 (in force on the last day)

Effective date: These regulations are effective on March 31, 2020. Applicability date: These regulations are applicable beginning on March 1, 2020.

Enforcement: Binding regulations (42 C.F.R. as amended); claims and survey enforcement

Citation: Centers for Medicare & Medicaid Services, HHS, CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with comment period) (Mar. 30, 2020) (Ex. FED-090) Open the exhibit

Ex. FED-170

Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§ 3101-3106) and Division E (Emergency Paid Sick Leave Act, §§ 5101-5111); Division G (§§ 7001-7005, payroll tax credits); § 6008 (Medicaid FMAP conditions)

Families First Coronavirus Response Act

Congress (Pub. L. 116-127); approved by the President, United States (private employers with fewer than 500 employees; public employers) (Federal)

Dates: In force from Apr. 1, 2020 to Dec. 31, 2020 (issued Mar. 18, 2020)
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Schools and child careWorkplace rulesQuarantine and isolation
Functions reached: WF workforce availability of every employer under 500 employees (mandatory paid leave for quarantine, symptoms, school and child-care closures); HR payroll and leave administration; OP/OF
Grade: Primary source read
Days in this quarter: 91 (in force on the last day)

SEC. 5102. PAID SICK TIME REQUIREMENT. (a) IN GENERAL.--An employer shall provide to each employee employed by the employer paid sick time to the extent that the employee is unable to work (or telework) due to a need for leave because: (1) The employee is subject to a Federal, State, or local quarantine or isolation order related to COVID-19. (2) The employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19. (3) The employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis. (4) The employee is caring for an individual who is subject to an order as described in subparagraph (1) or has been advised as described in paragraph (2). (5) The employee is caring for a son or daughter of such employee if the school or place of care of the son or daughter has been closed, or the child care provider of such son or daughter is…

Enforcement: Fair Labor Standards Act enforcement by the Department of Labor (§ 5105); § 5104 anti-retaliation; private actions

Citation: Congress (Pub. L. 116-127); approved by the President, Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§ 3101-3106) and Division E (Emergency Paid Sick Leave Act, §§ 5101-5111); Division G (§§ 7001-7005, payroll tax credits); § 6008 (Medicaid FMAP conditions) (Ex. FED-170) Open the exhibit

Ex. FED-171

Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826

Paid Leave Under the Families First Coronavirus Response Act, 85 Fed. Reg. 19326 (Apr. 6, 2020)

Wage and Hour Division, U.S. Department of Labor, United States (Federal)

Dates: In force from Apr. 2, 2020 to Dec. 31, 2020 (issued Apr. 1, 2020)
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Schools and child careWorkplace rulesQuarantine and isolation
Functions reached: WF; HR; OP
Grade: Primary source read
Days in this quarter: 90 (in force on the last day)

The Secretary of Labor ('Secretary') is promulgating temporary regulations to implement public health emergency leave under Title I of the Family and Medical Leave Act (FMLA), and emergency paid sick leave to assist working families facing public health emergencies arising out of Coronavirus Disease 2019 (COVID-19) global pandemic.... DATES: This rule is effective from April 2, 2020, through December 31, 2020. This rule became operational on April 1, 2020.... In general, the FFCRA requires covered employers to provide eligible employees up to two weeks of paid sick leave at full pay, up to a specified cap, when the employee is unable to work because the employee is subject to a Federal, State, or local quarantine or isolation order related to COVID-19

Enforcement: FLSA enforcement (29 C.F.R. § 826.150); DOL investigations

Citation: Wage and Hour Division, U.S. Department of Labor, Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (Apr. 1, 2020) (Ex. FED-171) Open the exhibit

Ex. FED-028

No Sail Order; Notice of Modification and Extension (Apr. 9, 2020)

No Sail Order and Suspension of Further Embarkation; Notice of Modification and Extension and Other Measures Related to Operations, 85 Fed. Reg. 21004 (Apr. 15, 2020)

Centers for Disease Control and Prevention, HHS, United States (Federal)

Dates: In force from Apr. 15, 2020 to July 24, 2020 (issued Apr. 9, 2020)
Quarters: 2020 Q22020 Q3
Limitations: Business closureTravel and quarantineEvents and venues
Functions reached: TV; GS; CB; SC
Grade: Primary source read
Days in this quarter: 77 (in force on the last day)

[modifies and extends the March 14, 2020 No Sail Order; requires each operator to submit a No Sail Order Response Plan; suspends embarkation of passengers]

Enforcement: same as FED-027

Citation: Centers for Disease Control and Prevention, HHS, No Sail Order; Notice of Modification and Extension (Apr. 9, 2020) (Ex. FED-028) Open the exhibit

Ex. FED-073

Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020)

Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources During the National Emergency Caused by the Outbreak of COVID-19, 85 Fed. Reg. 26313 (May 1, 2020)

President Donald J. Trump, United States (meat and poultry processors; food supply chain resources) (Federal)

Dates: In force from Apr. 28, 2020 to Apr. 10, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesSupply chain
Functions reached: PK packing and processing plants (agriculture-food); SC meat supply to restaurants, retail and food service; WF plant workforces (federal direction to operate under CDC/OSHA conditions); DS distribution
Grade: Primary source read
Days in this quarter: 64 (in force on the last day)

Accordingly, I find that meat and poultry in the food supply chain meet the criteria specified in section 101(b) of the Act (50 U.S.C. 4511(b)). Under the delegation of authority provided in this order, the Secretary of Agriculture shall take all appropriate action under that section to ensure that meat and poultry processors continue operations consistent with the guidance for their operations jointly issued by the CDC and OSHA.... Sec. 2.... (b) The Secretary of Agriculture shall use the authority under section 101 of the Act... to determine the proper nationwide priorities and allocation of all the materials, services, and facilities necessary to ensure the continued supply of meat and poultry, consistent with the guidance for the operations of meat and poultry processing facilities jointly issued by the CDC and OSHA.

Enforcement: DPA § 101 orders by USDA; DPA § 103 penalties

Citation: President Donald J. Trump, Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020) (Ex. FED-073) Open the exhibit

Ex. FED-318

General Order 72-2

In re: Coronavirus Disease Public Health Emergency (General Order 72-2)

Chief Judge Phyllis J. Hamilton, United States District Court for the Northern District of California (Court)

Dates: In force from Apr. 30, 2020 to May 21, 2020
Quarters: 2020 Q2
Limitations: Business closureCourts and public offices
Functions reached: CT
Grade: Primary source read
Days in this quarter: 22

[WHEREAS the Governor of California] ordered a state-wide shelter-in-place;... [the Court's] courthouses remain closed in order to protect the public health and reduce the size of public [gatherings]... issues the following Order, effective immediately: 1. No jury trial will be conducted before June 1, 2020. Any trial dates currently scheduled during that period will be postponed or vacated.

Enforcement: court order

Citation: Chief Judge Phyllis J. Hamilton, General Order 72-2 (Apr. 30, 2020) (Ex. FED-318) Open the exhibit

Ex. FED-091

CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule)

Medicare and Medicaid Programs, Basic Health Program, and Exchanges; Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency and Delay of Certain Reporting Requirements for the Skilled Nursing Facility Quality Reporting Program, 85 Fed. Reg. 27550 (May 8, 2020)

Centers for Medicare & Medicaid Services, HHS, United States (Federal)

Dates: In force from May 8, 2020 to Sept. 30, 2021 (issued May 1, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: RS residential care (nursing homes: weekly federal reporting; resident and family notification); OF administration; HC home health (NP/PA certification under CARES § 3708)
Grade: Primary source read
Days in this quarter: 54 (in force on the last day)

Effective date: These regulations are effective on May 8, 2020. Applicability date: The policies in this IFC are applicable beginning on March 1, 2020, or January 27, 2020... § 483.80 Infection control. (g) COVID-19 Reporting. The facility must-- (1) Electronically report information about COVID-19 in a standardized format specified by the Secretary.... (2) Provide the information specified in paragraph (g)(1) of this section at a frequency specified by the Secretary, but no less than weekly to the Centers for Disease Control and Prevention's National Healthcare Safety Network.

Enforcement: F-tags F884 and F885; civil money penalties for LTC facilities; claims enforcement

Citation: Centers for Medicare & Medicaid Services, HHS, CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule) (May 1, 2020) (Ex. FED-091) Open the exhibit

139 further federal instruments were in force in this quarter and are listed in the Library's federal layer at covidproject.com/federal; this report shows the 40 most relevant to this selection.

Regulators of Physician Practices and Outpatient Care

Ex. SEC-02-024

Executive Order No. 1463 (Mar. 24, 2020) and Supplement (Mar. 26, 2020)

Essential Business or Operation; gathering limits; hospital and long-term care visitation

Governor Tate Reeves, Mississippi (State)

Dates: In force from Mar. 24, 2020 to Apr. 17, 2020
Quarters: 2020 Q2
Limitations: Business closureTelework mandateGathering capHealth care orders
Functions reached: CB; WF; OF; CL
Grade: Primary source read
Days in this quarter: 25

1.c. From the date of this Executive Order until April 17, 2020, persons shall not visit hospitals, nursing homes and retirement or long-term care facilities unless to provide critical assistance... 2.... it is also recommended and encouraged that all Mississippi businesses and non-profit entities likewise utilize, to the maximum extent possible, work from home or other telework procedures. 3.a. any Essential Business or Operation... shall take all reasonable measures to ensure compliance with the CDC and the Mississippi Department of Health recommendations

Enforcement: Miss. Code Ann. 33-15-11(c)(4); 33-15-31 (local orders preempted to the extent stricter on essential operations)

Citation: Governor Tate Reeves, Executive Order No. 1463 (Mar. 24, 2020) and Supplement (Mar. 26, 2020) (Ex. SEC-02-024) Open the exhibit

Ex. SEC-02-042

Proclamation of Disaster Emergency (Mar. 26, 2020)

Nonessential medical and dental services; telehealth; mandatory screening of health facility staff; business closures

Governor Kim Reynolds, Iowa (State)

Dates: In force from Mar. 27, 2020 to Apr. 16, 2020 (issued Mar. 26, 2020)
Quarters: 2020 Q2
Limitations: Business closureGathering capHealth care ordersWorkplace rulesSupply chain
Functions reached: PR; DX; TM; HR; CL; CB
Grade: Primary source read
Days in this quarter: 21

SECTION ONE... effective at 5:00 p.m. on March 27, 2020... A. All nonessential or elective surgeries and procedures that utilize personal protective equipment (PPE) must not be conducted by any hospital, outpatient surgery provider, or outpatient procedure provider, whether public, private, or nonprofit. B. A nonessential surgery or procedure is one that can be delayed without undue risk to the current or future health of a patient... SECTION THREE... I temporarily suspend the regulatory provision of Iowa Code chapters 514C.34 to the extent that it excludes from the definition of telehealth the provision of services through audio-only telephone transmission, and I direct the Insurance Commissioner... to ensure that any health carrier... shall reimburse a health care professional... for medically necessary, clinically appropriate covered services by telehealth... or via audio-only…

Enforcement: Iowa Code 29C.6; 135.144; 135.38 (simple misdemeanor)

Citation: Governor Kim Reynolds, Proclamation of Disaster Emergency (Mar. 26, 2020) (Ex. SEC-02-042) Open the exhibit

Ex. SEC-02-069

Order of the State Health Officer Suspending Certain Public Gatherings Due to Risk of Infection by COVID-19 (statewide), Mar. 19, 2020, as amended Mar. 27 (effective Mar. 28) and Apr. 3, 2020

Statewide health order (elective dental, medical and surgical procedures postponed)

State Health Officer Scott Harris, M.D., Alabama (State)

Dates: In force from Mar. 19, 2020 to Apr. 17, 2020
Quarters: 2020 Q2
Limitations: Business closureGathering capHealth care orders
Functions reached: PR; CL; DX; CB
Grade: Primary source read
Days in this quarter: 30

All dental, medical, or surgical procedures shall be postponed until further notice, subject to the following exceptions: Dental, medical, or surgical procedures necessary to treat an emergency medical condition... Dental, medical, or surgical procedures necessary to avoid serious harm from an underlying condition or disease, or necessary as part of a patient's ongoing and active treatment (ACS quotation)

Enforcement: Ala. Code 22-2-14 (misdemeanor)

Citation: State Health Officer Scott Harris, M.D, Order of the State Health Officer Suspending Certain Public Gatherings Due to Risk of Infection by COVID-19 (statewide), Mar. 19, 2020, as amended Mar. 27 (effective Mar. 28) and Apr. 3, 2020 (Ex. SEC-02-069) Open the exhibit

Ex. SEC-02-062

Fourth Amended Executive Order 2020-07 (filed Mar. 24, 2020)

Emergency declaration and directives: elective procedures postponed; telemedicine waiver; physician clinic data; vulnerable persons; non-critical business closures

Governor J. Kevin Stitt, Oklahoma (State)

Dates: In force from Mar. 24, 2020 to Apr. 7, 2020
Quarters: 2020 Q2
Limitations: Stay-at-homeBusiness closureGathering capHealth care ordersOther
Functions reached: PR; TM; OF; CL; CB; WF
Grade: Primary source read
Days in this quarter: 15

8. Hospitals and Physician Clinics (collectively referred to as 'hospitals') operating in the State shall cooperate with and respond to all requests for critical data from the Oklahoma State Department of Health... daily submission, no later than noon... 11. The preexisting patient relationship requirement for telemedicine, as required by 59 O.S. sec. 478.1, is hereby waived so long as this Order is in effect... 17. Adults over the age of sixty-five (65) and people of any age who have serious underlying medical conditions... shall stay in their home or place of residence except for working in a critical infrastructure sector... and the conduct of essential errands... 18. Oklahomans and medical providers in Oklahoma shall postpone all elective surgeries, minor medical procedures, and non-emergency dental procedures until April 7, 2020. 19. Social gatherings of more than ten people are…

Enforcement: 63 O.S. 683.3 et seq.

Citation: Governor J. Kevin Stitt, Fourth Amended Executive Order 2020-07 (filed Mar. 24, 2020) (Ex. SEC-02-062) Open the exhibit

Ex. SEC-02-057

Executive Order 04.20.20.01

Providing flexibility for healthcare practices, moving certain businesses to minimum operations, and providing for emergency response

Governor Brian P. Kemp, Georgia (State)

Dates: In force from Apr. 20, 2020 to June 30, 2020
Quarters: 2020 Q2
Limitations: Health care ordersWorkplace rules
Functions reached: PR; CL
Grade: Confirmed from a secondary source
Days in this quarter: 72 (in force on the last day)

Enforcement: O.C.G.A. 38-3-7

Citation: Governor Brian P. Kemp, Executive Order 04.20.20.01 (Apr. 20, 2020) (Ex. SEC-02-057) Open the exhibit

Ex. SEC-02-025

Executive Order No. 1477 (Safer at Home)

Safer at Home Order; Healthcare Activities (sec. I(i))

Governor Tate Reeves, Mississippi (State)

Dates: In force from Apr. 27, 2020 to May 11, 2020 (issued Apr. 24, 2020)
Quarters: 2020 Q2
Limitations: Stay-at-homeCapacity limitGathering capHealth care ordersWorkplace rules
Functions reached: PR; CL; FD; SC; TM; CB; WF
Grade: Primary source read
Days in this quarter: 15

i. Healthcare Activities:... ii. Healthcare professionals and healthcare facilities may also resume performing non-emergent, elective medical procedures and surgeries, as clinically appropriate, in accordance with the guidance provided by the Mississippi State Department of Health, including the following: 1. Every effort should continue to be made to deliver care without being in the same physical space, such as utilizing telehealth, phone consultations, and physical barriers between providers and patients. 2. The medical procedure or surgery should fall within Tier 2 or Tier 3 of the Non-Emergent, Elective Medical Services and Treatment Recommendations issued by CMS on April 7, 2020... 3. For all in-patient procedures and surgeries, the healthcare facility... must reserve at least 25% of its hospital capacity... 4.... minimal disposable personal protective equipment, and the healthcare…

Enforcement: Miss. Code Ann. 33-15-43 (sec. III.b)

Citation: Governor Tate Reeves, Executive Order No. 1477 (Safer at Home) (Apr. 24, 2020) (Ex. SEC-02-025) Open the exhibit

Ex. SEC-02-032

Executive Order No. 20-22

Allowing Measured Resumption of Non-Urgent Health Care Procedures Using PPE, and Continuing Restrictions on Visitation

Governor Kate Brown, Oregon (State)

Dates: In force from Apr. 27, 2020 to June 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Health care ordersWorkplace rules
Functions reached: PR; CL; SC; DX; CB
Grade: Primary source read
Days in this quarter: 65 (in force on the last day)

1.a. Elective and non-urgent procedures across all care settings that utilize PPE, including but not limited to, hospitals, ambulatory surgery centers, outpatient clinics (including community health clinics and student health centers), dental clinics, and veterinary clinics shall not occur unless they meet the requirements of paragraph 1(b) of this Executive Order. b. On or after May 1, 2020, elective and non-urgent procedures across all care settings that utilize PPE are allowed, but only to the extent they comply with guidance or administrative rules issued by the Oregon Health Authority... 4. Executive Order 20-10 (conserving PPE) is rescinded as of May 1, 2020... 5. This Executive Order is a public health law, as defined in ORS 431A.005, and may be enforced as permitted under ORS 431A.010. Additionally, any person found to be in violation of this Executive Order is subject to the…

Enforcement: ORS 431A.010; ORS 401.990

Citation: Governor Kate Brown, Executive Order No. 20-22 (Apr. 27, 2020) (Ex. SEC-02-032) Open the exhibit

Ex. SEC-02-043

Proclamation of Disaster Emergency (Apr. 24, 2020)

Modification permitting resumption of elective surgeries and procedures from Apr. 27, 2020 under conditions

Governor Kim Reynolds, Iowa (State)

Dates: In force from Apr. 27, 2020 to May 27, 2020 (issued Apr. 24, 2020)
Quarters: 2020 Q2
Limitations: Health care ordersWorkplace rules
Functions reached: PR; SC; CL
Grade: Confirmed from a secondary source
Days in this quarter: 31

[elective surgeries and procedures permitted where the facility has adequate inventories of PPE and access to a reliable supply chain, a plan to conserve PPE, capacity to treat COVID-19 patients, and testing of patients] (not read; official file retrieved)

Enforcement: Iowa Code 29C.6

Citation: Governor Kim Reynolds, Proclamation of Disaster Emergency (Apr. 24, 2020) (Ex. SEC-02-043) Open the exhibit

Ex. SEC-02-076

Executive Order D 2020 045

Permitting the Limited Recommencement of Voluntary or Elective Surgeries and Procedures in Colorado

Governor Jared Polis, Colorado (State)

Dates: In force from Apr. 27, 2020 to Oct. 18, 2020 (issued Apr. 26, 2020)
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Health care ordersWorkplace rulesSupply chain
Functions reached: PR; CL; SC; FD; CB
Grade: Primary source read
Days in this quarter: 65 (in force on the last day)

II.A. Medical, dental, or veterinary voluntary or elective surgeries and procedures may [recommence provided the facility] follows protocols and criteria set forth in this Executive Order and any accompanying Public Health Order (PHO) issued by CDPHE... B. Facilities performing medical, dental or veterinary voluntary or elective surgeries and procedures shall establish a plan to reduce or stop voluntary or elective surgeries and procedures if there is a surge of COVID-19 infections in the county

Enforcement: C.R.S. 24-33.5-704(7); PHO 20-29 enforcement under C.R.S. 25-1-114

Citation: Governor Jared Polis, Executive Order D 2020 045 (Apr. 26, 2020) (Ex. SEC-02-076) Open the exhibit

Ex. SEC-02-013

Executive Order GA-19

Relating to hospital capacity during the COVID-19 disaster

Governor Greg Abbott, Texas (State)

Dates: In force from May 1, 2020 to Mar. 10, 2021 (issued Apr. 27, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q1
Limitations: Capacity limitHealth care ordersWorkplace rules
Functions reached: PR; CL; HR; CB
Grade: Primary source read
Days in this quarter: 61 (in force on the last day)

All licensed health care professionals shall be limited in their practice by, and must comply with, any emergency rules promulgated by their respective licensing agencies dictating minimum standards for safe practice during the COVID-19 disaster. Every hospital licensed under Chapter 241 of the Texas Health and Safety Code shall reserve at least 15 percent of its hospital capacity for treatment of COVID-19 patients

Enforcement: Tex. Gov't Code 418.173 (recited)

Citation: Governor Greg Abbott, Executive Order GA-19 (Apr. 27, 2020) (Ex. SEC-02-013) Open the exhibit

Ex. SEC-02-023

Emergency Executive Order 20-51

Requiring Facilities to Prioritize Surgeries and Procedures and Provide Safe Environment during COVID-19 Peacetime Emergency

Governor Tim Walz, Minnesota (State)

Dates: In force from May 10, 2020 to July 1, 2021 (issued May 5, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Health care ordersWorkplace rules
Functions reached: PR; CL; SC; TM; OF
Grade: Primary source read
Days in this quarter: 52 (in force on the last day)

1. Beginning on May 10, 2020 at 11:59 p.m., healthcare facilities providing procedures that utilize PPE or ventilators--whether veterinary, medical, or dental--must complete the requirements set forth in this Executive Order. 2.... Executive Orders 20-09 and 20-17 are rescinded as of May 10, 2020 at 11:59 p.m.... 5. This Executive Order does not restrict telehealth services... 6. Any facility that offers procedures that utilize PPE or ventilators must develop and implement a written plan... establishing criteria for determining whether a procedure should proceed during the COVID-19 pandemic, for prioritizing procedures, and for ensuring a safe environment

Enforcement: Minn. Stat. 12.45

Citation: Governor Tim Walz, Emergency Executive Order 20-51 (May 5, 2020) (Ex. SEC-02-023) Open the exhibit

Ex. SEC-02-029

Proclamation 20-24.1

Resumption of non-urgent medical and dental procedures under conditions

Governor Jay Inslee, Washington (State)

Dates: In force from May 18, 2020 to Nov. 30, 2020
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Health care ordersWorkplace rules
Functions reached: PR; CL; SC
Grade: Primary source read
Days in this quarter: 44 (in force on the last day)

[non-urgent procedures permitted only where the practice or facility has a PPE plan, capacity, screening and distancing measures] (secondary)

Enforcement: RCW 43.06.220(5)

Citation: Governor Jay Inslee, Proclamation 20-24.1 (May 18, 2020) (Ex. SEC-02-029) Open the exhibit

Ex. SEC-02-070

Executive Order No. 2020-96

Temporary requirement to suspend certain activities that are not necessary to sustain or protect life (Safer at Home; rescission of EO 2020-17 restrictions effective May 29, 2020)

Governor Gretchen Whitmer, Michigan (State)

Dates: In force from May 22, 2020 to June 1, 2020 (issued May 21, 2020)
Quarters: 2020 Q2
Limitations: Stay-at-homeBusiness closureHealth care orders
Functions reached: PR; CB; WF
Grade: Confirmed from a secondary source
Days in this quarter: 11

Enforcement: MCL 10.33; 30.405(3)

Citation: Governor Gretchen Whitmer, Executive Order No. 2020-96 (May 21, 2020) (Ex. SEC-02-070) Open the exhibit

Ex. SEC-02-018

Executive Order No. 145

Resumption of elective surgeries and invasive procedures under DOH and DCA standards

Governor Philip D. Murphy, New Jersey (State)

Dates: In force from May 26, 2020 to Sept. 30, 2020 (issued May 15, 2020)
Quarters: 2020 Q22020 Q3
Limitations: Health care ordersWorkplace rules
Functions reached: PR; CL; SC; FD; CB
Grade: Primary source read
Days in this quarter: 36 (in force on the last day)

1. Beginning at 5:00 a.m. on Tuesday, May 26, 2020, the suspension on elective surgeries and invasive procedures instituted in Executive Order No. 109 (2020) is rescinded. 2. Elective surgeries and invasive procedures... may proceed at health care facilities [subject to DOH policies on PPE, testing, self-quarantine, prioritization]... 3.... performed by licensed health care professionals in outpatient settings [subject to DCA rules and administrative orders]

Enforcement: N.J.S.A. App. A:9-49, -50

Citation: Governor Philip D. Murphy, Executive Order No. 145 (May 15, 2020) (Ex. SEC-02-018) Open the exhibit

Ex. SEC-02-005

COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers

Blanket 1135 waivers (physicians and other clinicians: telehealth, licensure, supervision, signature, enrollment)

CMS (Secretary of HHS), United States (Federal)

Dates: In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 30, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: TM; CL; HR; OF; CB
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

the following blanket waivers are in effect, with a retroactive effective date of March 1, 2020 through the end of the emergency declaration

Enforcement: conditions of Medicare payment

Citation: CMS (Secretary of HHS), COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (Mar. 30, 2020) (Ex. SEC-02-005) Open the exhibit

Ex. SEC-02-033

CHFS/DPH Directive of March 23, 2020 (elective procedures)

Directive that all non-emergent, non-urgent in-person medical, surgical, dental and other healthcare practice or procedures cease

Cabinet for Health and Family Services (Acting Secretary Eric Friedlander, Governor's designee) and Department for Public Health (Commissioner Steven J. Stack, M.D.), Kentucky (State)

Dates: In force from Mar. 18, 2020 to Apr. 27, 2020 (issued Mar. 23, 2020)
Quarters: 2020 Q2
Limitations: Health care orders
Functions reached: CL; PR; DX; TM; FD; CB
Grade: Primary source read
Days in this quarter: 41

1. ALL non-emergent, non-urgent in-person medical, surgical, dental, and any other healthcare practice or procedure must have immediately ceased effective close of business on March 18, 2020. 2. The Commonwealth of Kentucky relies upon licensed healthcare professionals within the state to exercise their best clinical judgment in the implementation of this restriction... c. Non-Urgent - Any healthcare service that, were it not provided, is unlikely to result in any serious and/or irreparable harm to a patient if not provided for more than 30 days. (For example, chiropractic medicine.)... 5. Under all circumstances where clinically possible, use of telephonic or video communication to provide telemedicine services is strongly urged... All healthcare providers are instructed to follow these recommendations when considering what procedures to cancel. This directive became effective at…

Enforcement: KRS ch. 39A; KRS 214.990

Citation: Cabinet for Health and Family Services (Acting Secretary Eric Friedlander, Governor's designee) and Department for Public Health (Commissioner Steven J. Stack, M.D.), CHFS/DPH Directive of March 23, 2020 (elective procedures) (Mar. 23, 2020) (Ex. SEC-02-033) Open the exhibit

Ex. SEC-02-036

Director's Order for the Management of Non-Essential Surgeries and Procedures throughout Ohio

Non-essential surgery order

Director of Health Amy Acton, M.D., Ohio Department of Health, Ohio (State)

Dates: In force from Mar. 18, 2020 to Apr. 30, 2020 (issued Mar. 17, 2020)
Quarters: 2020 Q2
Limitations: Health care ordersSupply chain
Functions reached: PR; SC; CL; CB
Grade: Confirmed from a secondary source
Days in this quarter: 44

Non-essential or elective surgeries and procedures that utilize PPE should not be conducted. A non-essential surgery is a procedure that can be delayed without undue risk to the current or future health of a patient (ACS quotation)

Enforcement: R.C. 3701.352, 3701.99 (second-degree misdemeanor)

Citation: Director of Health Amy Acton, M.D., Ohio Department of Health, Director's Order for the Management of Non-Essential Surgeries and Procedures throughout Ohio (Mar. 17, 2020) (Ex. SEC-02-036)

Ex. SEC-02-028

Proclamation 20-24 (amending Proclamation 20-05)

Restrictions on Non-Urgent Medical Procedures

Governor Jay Inslee, Washington (State)

Dates: In force from Mar. 19, 2020 to May 18, 2020
Quarters: 2020 Q2
Limitations: Health care ordersSupply chain
Functions reached: PR; CL; SC; CB
Grade: Primary source read
Days in this quarter: 61

Examples of procedures to delay include, but are not limited to: most joint replacements, most cataract and lens surgeries, non-urgent cardiac procedures, cosmetic procedures, some endoscopy, and some interventional radiology services. EXCEPTION: The above prohibition does not apply to the full suite of family planning services and procedures or to treatment for patients with emergency/urgent needs (ACS quotation)

Enforcement: RCW 43.06.220(5) gross misdemeanor

Citation: Governor Jay Inslee, Proclamation 20-24 (amending Proclamation 20-05) (Mar. 19, 2020) (Ex. SEC-02-028) Open the exhibit

Ex. SEC-02-059

Executive Order No. 7G

Protection of public health and safety during COVID-19 pandemic (telehealth by audio-only; court operations; alcohol take-out; closures)

Governor Ned Lamont, Connecticut (State)

Dates: In force from Mar. 19, 2020 to June 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Business closureOther
Functions reached: TM; CB; OF
Grade: Primary source read
Days in this quarter: 104 (in force on the last day)

Subsection (a)(11)'s definition of 'telehealth' is modified such that for telehealth providers that are Medicaid enrolled providers providing covered telehealth services to established patients who are Medicaid recipients, or telehealth providers that are in-network providers for commercial fully insured health insurance providing covered telehealth services to patients with whom there is an existing provider-patient relationship, these providers may engage in telehealth through the use of audio-only telephone

Enforcement: Conn. Gen. Stat. 28-22 (fine or imprisonment)

Citation: Governor Ned Lamont, Executive Order No. 7G (Mar. 19, 2020) (Ex. SEC-02-059) Open the exhibit

Ex. SEC-02-068

COVID-19 Health Mandate 005

Elective medical procedures

Governor Mike Dunleavy; Commissioner of Health and Social Services; Chief Medical Officer, Alaska (State)

Dates: In force from Mar. 19, 2020 to June 15, 2020
Quarters: 2020 Q2
Limitations: Health care ordersSupply chain
Functions reached: PR; CL; SC; CB
Grade: Confirmed from a secondary source
Days in this quarter: 89

Required patients, providers, hospitals, and surgical centers to postpone or cancel non-urgent or elective procedures in order [to] help prevent the spread of COVID-19 and thereby decrease the overall impact on the Alaska health care structure, and also to preserve personal protective equipment (ACS summary)

Enforcement: AS 26.23.200

Citation: Governor Mike Dunleavy; Commissioner of Health and Social Services; Chief Medical Officer, COVID-19 Health Mandate 005 (Mar. 19, 2020) (Ex. SEC-02-068) Open the exhibit

Ex. SEC-02-020

Executive Order 20-72

Emergency Management - COVID-19 - Non-essential Elective Medical Procedures

Governor Ron DeSantis, Florida (State)

Dates: In force from Mar. 20, 2020 to May 4, 2020
Quarters: 2020 Q2
Limitations: Health care orders
Functions reached: PR; CL; DX; FD; CB
Grade: Primary source read
Days in this quarter: 46

All hospitals, ambulatory surgical centers, office surgery centers, dental, orthodontic and endodontic offices, and other health care practitioners' offices in the State of Florida are prohibited from providing any medically unnecessary, non-urgent or non-emergency procedure or surgery which, if delayed, does not place a patient's immediate health, safety, or wellbeing at risk, or will, if delayed, not contribute to the worsening of a serious or life-threatening medical condition. Accordingly, all health care practitioners licensed in the State of Florida, including dentists, shall immediately cease performing these elective services

Enforcement: Fla. Stat. 252.50 (second-degree misdemeanor for violation of emergency orders)

Citation: Governor Ron DeSantis, Executive Order 20-72 (Mar. 20, 2020) (Ex. SEC-02-020) Open the exhibit

Ex. SEC-02-034

Addendum 3 to Executive Order 01-20

Suspension of all Non-Essential Adult Elective Surgery and Medical and Surgical Procedures

Governor Phil Scott, Vermont (State)

Dates: In force from Mar. 20, 2020 to June 30, 2020
Quarters: 2020 Q2
Limitations: Health care ordersSupply chain
Functions reached: PR; CL; CB
Grade: Primary source read
Days in this quarter: 103 (in force on the last day)

hereby order all clinicians in Vermont to expedite postponement of all non-essential adult elective surgery and medical and surgical procedures, including all dental procedures in the safest but most expedient way possible

Enforcement: 20 V.S.A. sec. 9; 20 V.S.A. sec. 45 (penalties)

Citation: Governor Phil Scott, Addendum 3 to Executive Order 01-20 (Mar. 20, 2020) (Ex. SEC-02-034) Open the exhibit

Ex. SEC-02-039

Executive Order 2020-10

Delaying Elective Surgeries to Conserve Personal Protective Equipment Necessary to Test and Treat Patients with COVID-19

Governor Douglas A. Ducey, Arizona (State)

Dates: In force from Mar. 21, 2020 to Apr. 22, 2020 (issued Mar. 19, 2020)
Quarters: 2020 Q2
Limitations: Health care ordersSupply chain
Functions reached: PR; SC; CL; CB
Grade: Primary source read
Days in this quarter: 33

1. Beginning on Saturday, March 21, at 8:00 AM, all non-essential or elective surgeries, including elective dental surgeries, that utilize personal protective equipment or ventilators shall not be performed at any licensed healthcare facility or by any licensed healthcare provider in the State of Arizona. 2. A non-essential or elective surgery means a surgery that can be delayed without undue risk to the current or future health of a patient... 3. This order shall remain in place until further notice, and shall be reconsidered for repeal or revision every two weeks following issuance

Enforcement: A.R.S. 26-317 (class 1 misdemeanor)

Citation: Governor Douglas A. Ducey, Executive Order 2020-10 (Mar. 19, 2020) (Ex. SEC-02-039) Open the exhibit

Ex. SEC-02-058

Executive Order No. 2020-17

Temporary restrictions on non-essential medical and dental procedures

Governor Gretchen Whitmer, Michigan (State)

Dates: In force from Mar. 21, 2020 to May 29, 2020 (issued Mar. 20, 2020)
Quarters: 2020 Q2
Limitations: Health care orders
Functions reached: PR; CL; SC; CB
Grade: Primary source read
Days in this quarter: 70

1. Beginning as soon as possible but no later than March 21, 2020 at 5:00 pm, and continuing while the state of emergency declared in Executive 2020-4 is in effect, all hospitals, freestanding surgical outpatient facilities, and dental facilities, and all state-operated outpatient facilities (collectively, 'covered facilities'), must implement a plan to temporarily postpone, until the termination of the state of emergency under section 3 of Executive Order 2020-4, all non-essential procedures... 2. A plan for a covered facility that performs medical procedures, including any medical center or office that performs elective surgery or cosmetic plastic surgery, must postpone, at a minimum, joint replacement, bariatric surgery, and cosmetic surgery... 4. A covered facility must comply with the restrictions contained in its non-essential procedure postponement plan... 7. Consistent with MCL…

Enforcement: MCL 10.33; MCL 30.405(3) (misdemeanor); LARA enforcement orders (para. 6)

Citation: Governor Gretchen Whitmer, Executive Order No. 2020-17 (Mar. 20, 2020) (Ex. SEC-02-058) Open the exhibit

Ex. SEC-02-011

Executive Order GA-09

Relating to hospital capacity during the COVID-19 disaster

Governor Greg Abbott, Texas (State)

Dates: In force from Mar. 22, 2020 to Apr. 21, 2020
Quarters: 2020 Q2
Limitations: Health care ordersSupply chain
Functions reached: PR; CL; DX; SC; FD; CB
Grade: Primary source read
Days in this quarter: 31

beginning now and continuing until 11:59 p.m. on April 21, 2020, all licensed health care professionals and all licensed health care facilities shall postpone all surgeries and procedures that are not medically necessary to diagnose or correct a serious medical condition of, or to preserve the life of, a patient who without immediate performance of the surgery or procedure would be at risk for serious adverse medical consequences or death, as determined by the patient's physician; PROVIDED, however, that this prohibition shall not apply to any procedure that, if performed in accordance with the commonly accepted standard of clinical practice, would not deplete the hospital capacity or the personal protective equipment needed to cope with the COVID-19 disaster

Enforcement: Tex. Gov't Code 418.173: fine not to exceed $1,000, confinement in jail not to exceed 180 days, or both (recited)

Citation: Governor Greg Abbott, Executive Order GA-09 (Mar. 22, 2020) (Ex. SEC-02-011) Open the exhibit

Ex. SEC-02-022

Emergency Executive Order 20-09

Directing Delay of Inpatient and Outpatient Elective Surgery and Procedural Cases during COVID-19 Peacetime Emergency

Governor Tim Walz (approved by the Executive Council), Minnesota (State)

Dates: In force from Mar. 23, 2020 to May 10, 2020 (issued Mar. 19, 2020)
Quarters: 2020 Q2
Limitations: Health care ordersSupply chain
Functions reached: PR; DX; SC; CL; CB
Grade: Primary source read
Days in this quarter: 49

1. Beginning no later than March 23, 2020 at 5:00 pm, and continuing for the duration of the peacetime emergency declared in Executive Order 20-01 or until this Executive Order is rescinded, all non-essential or elective surgeries and procedures, including non-emergent or elective dental care, that utilize PPE or ventilators must be postponed indefinitely. 2. A non-essential surgery or procedure is a surgery or procedure that can be delayed without undue risk to the current or future health of a patient... a person who willfully violates paragraph 1 of this Executive Order is guilty of a misdemeanor and upon conviction must be punished by a fine not to exceed $1,000, or by imprisonment for not more than 90 days

Enforcement: Minn. Stat. 12.45 misdemeanor

Citation: Governor Tim Walz (approved by the Executive Council), Emergency Executive Order 20-09 (Mar. 19, 2020) (Ex. SEC-02-022) Open the exhibit

Ex. SEC-02-031

Executive Order No. 20-10

Prohibition on elective and non-urgent procedures; conservation of PPE; visitation restrictions

Governor Kate Brown, Oregon (State)

Dates: In force from Mar. 23, 2020 to May 1, 2020 (issued Mar. 19, 2020)
Quarters: 2020 Q2
Limitations: Health care ordersSupply chain
Functions reached: PR; CL; DX; SC; CB
Grade: Confirmed from a secondary source
Days in this quarter: 40

No later than March 23, 2020, all elective and non-urgent procedures across all care settings that utilize PPE, including but not limited to, hospitals, ambulatory surgery centers, outpatient clinics (including community health clinics and student health centers), dental clinics, and veterinary clinics, shall be cancelled, or rescheduled no earlier than June 15, 2020, for the purpose of conserving and redirecting PPE for the state's COVID-19 emergency response (ACS quotation; recited in EO 20-22)

Enforcement: ORS 401.990; ORS 431A.010

Citation: Governor Kate Brown, Executive Order No. 20-10 (Mar. 19, 2020) (Ex. SEC-02-031) Open the exhibit

Ex. SEC-02-048

Executive Order No. 202.10

Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency (elective surgeries; gatherings)

Governor Andrew M. Cuomo, New York (State)

Dates: In force from Mar. 23, 2020 to Apr. 22, 2020
Quarters: 2020 Q2
Limitations: Gathering capHealth care orders
Functions reached: PR; CL; DX; CB
Grade: Primary source read
Days in this quarter: 31

The Commissioner of Health is authorized to direct, and shall so direct, all general hospitals, ambulatory surgery centers, office-based surgery practices and diagnostic and treatment centers to increase the number of beds available to patients, including by canceling all elective surgeries and procedures, as the Commissioner of Health shall define. General hospitals shall comply with such order by submitting COVID-19 Plans to the New York State Department of Health (NYSDOH)... Non-essential gatherings of individuals of any size for any reason (e.g. parties, celebrations or other social events) are canceled or postponed at this time

Enforcement: Executive Law sec. 29-a; Public Health Law sec. 12

Citation: Governor Andrew M. Cuomo, Executive Order No. 202.10 (Mar. 23, 2020) (Ex. SEC-02-048) Open the exhibit

Ex. SEC-02-060

Order of the Governor No. 20-03-23-01, Various Health Care Matters

Various Health Care Matters (authorizing the Secretary of Health to direct cessation of elective and non-urgent procedures; health care facility matters)

Governor Lawrence J. Hogan, Jr., Maryland (State)

Dates: In force from Mar. 23, 2020 to May 6, 2020
Quarters: 2020 Q2
Limitations: Health care orders
Functions reached: PR; CL; CB
Grade: Confirmed from a secondary source
Days in this quarter: 45

Enforcement: Public Safety 14-114(c) (misdemeanor)

Citation: Governor Lawrence J. Hogan, Jr, Order of the Governor No. 20-03-23-01, Various Health Care Matters (Mar. 23, 2020) (Ex. SEC-02-060) Open the exhibit

Ex. SEC-02-074

Executive Order D 2020 009

Ordering the Temporary Cessation of All Elective and Non-Essential Surgeries and Procedures and Preserving Personal Protective Equipment and Ventilators in Colorado Due to the Presence of COVID-19

Governor Jared Polis, Colorado (State)

Dates: In force from Mar. 23, 2020 to Apr. 14, 2020 (issued Mar. 19, 2020)
Quarters: 2020 Q2
Limitations: Health care ordersSupply chain
Functions reached: PR; CL; DX; SC; CB
Grade: Primary source read
Days in this quarter: 23

II.A. As of 12:01 A.M. on March 23, 2020, all voluntary or elective surgeries or procedures, whether medical, dental, or veterinary, are suspended in the State of Colorado until April 14, 2020 at the earliest. A voluntary or elective surgery or procedure means that the surgery can be delayed for a minimum of three months without undue risk to the current or future health of the patient as determined by the guidelines developed by the hospital, surgical center or other treating medical facility. B. Surgeries or procedures... may proceed if: (1) there is a threat to the patient's life...; (2) there is a threat of permanent dysfunction of an extremity or organ system...

Enforcement: C.R.S. 24-33.5-704(7)

Citation: Governor Jared Polis, Executive Order D 2020 009 (Mar. 19, 2020) (Ex. SEC-02-074) Open the exhibit

Ex. SEC-02-026

Executive Order No. 18

An Order to Reduce the Spread of COVID-19 by Limiting Non-Emergency Healthcare Procedures

Governor Bill Lee, Tennessee (State)

Dates: In force from Mar. 24, 2020 to Apr. 13, 2020 (issued Mar. 23, 2020)
Quarters: 2020 Q2
Limitations: Health care ordersSupply chain
Functions reached: PR; SC; CL; CB
Grade: Primary source read
Days in this quarter: 21

2. All hospitals and surgical outpatient facilities in the State of Tennessee shall not perform non-essential procedures, which includes any medical procedure that is not necessary to preserve the patient's life or health, including, at a minimum, joint replacement, bariatric surgery, and cosmetic surgery... 3. Non-hospital healthcare providers impacted by this Order are requested and urged to postpone elective and non-urgent procedures and to provide any PPE in their possession and not required for the emergency care exempted in the Order... 5. This Order shall be effective and enforceable at 12:01 a.m., Central Daylight Time, on March 24, 2020

Enforcement: Tenn. Code Ann. 58-2-120 (Class A misdemeanor)

Citation: Governor Bill Lee, Executive Order No. 18 (Mar. 23, 2020) (Ex. SEC-02-026) Open the exhibit

Ex. SEC-02-054

Order of Public Health Emergency Two

Prohibition of non-essential surgeries and procedures requiring PPE

Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, M.D., Virginia (State)

Dates: In force from Mar. 25, 2020 to Apr. 24, 2020
Quarters: 2020 Q2
Limitations: Health care ordersSupply chain
Functions reached: PR; CL; SC; CB
Grade: Primary source read
Days in this quarter: 31

Prohibiting all inpatient and outpatient surgical hospitals licensed under 12 VAC 5-410, freestanding endoscopy centers, physicians' offices, and dental, orthodontic, and endodontic offices in the Commonwealth from providing procedures and surgeries that require PPE, which if delayed, are not anticipated to cause harm to the patient by negatively affecting the patient's health outcomes, or leading to disability or death. This does not include outpatient visits delivered in hospital-based clinics (ACS quotation)

Enforcement: Va. Code 32.1-27 (Class 1 misdemeanor)

Citation: Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, M.D, Order of Public Health Emergency Two (Mar. 25, 2020) (Ex. SEC-02-054) Open the exhibit

Ex. SEC-02-063

Amended Executive Memorandum 2020-01 (filed Mar. 25, 2020)

Additional critical infrastructure sectors (Healthcare/Public Health: physicians, dentists, psychologists, mid-level practitioners, PT/OT, behavioral health workers)

Governor J. Kevin Stitt, Oklahoma (State)

Dates: In force from Mar. 25, 2020 to Apr. 16, 2020
Quarters: 2020 Q2
Limitations: Business closure
Functions reached: CL; OF; WF
Grade: Primary source read
Days in this quarter: 23

In addition to those critical infrastructure sectors identified by USDHS, I hereby add the following: HEALTHCARE / PUBLIC HEALTH: Health care providers (e.g. physicians, dentists, psychologists, mid-level practitioners, nurses and assistants, infection control and quality assurance personnel, pharmacists, physical and occupational therapists and assistants, social workers, speech pathologists and diagnostic and therapeutic technicians and technologists)... Behavioral health workers (including mental and substance use disorder) responsible for coordination, outreach, engagement, and treatment

Enforcement: 63 O.S. 683.3 et seq.

Citation: Governor J. Kevin Stitt, Amended Executive Memorandum 2020-01 (filed Mar. 25, 2020) (Ex. SEC-02-063) Open the exhibit

Ex. SEC-02-017

Executive Order No. 109

Suspension of elective surgeries and invasive procedures; PPE inventory

Governor Philip D. Murphy, New Jersey (State)

Dates: In force from Mar. 27, 2020 to May 26, 2020 (issued Mar. 23, 2020)
Quarters: 2020 Q2
Limitations: Health care ordersSupply chain
Functions reached: PR; CL; SC; FD; CB
Grade: Primary source read
Days in this quarter: 61

1.... all 'elective' surgeries performed on adults, whether medical or dental, and all 'elective' invasive procedures performed on adults, whether medical or dental, are suspended in the State. An 'elective' surgery or invasive procedure, for purposes of this Order, is defined as any surgery or invasive procedure that can be delayed without undue risk to the current or future health of the patient as determined by the patient's treating physician or dentist... 7. Any business or non-hospital health care facility... in possession of PPE, ventilators, respirators, or anesthesia machines not required for the provision of critical health care services should undertake an inventory of such supplies and send that information to the State by... Friday, March 27, 2020... 12. Penalties for violations of this Executive Order may be imposed under, among other statutes, N.J.S.A. App. A:9-49 and -50

Enforcement: N.J.S.A. App. A:9-49, -50 (disorderly persons offense)

Citation: Governor Philip D. Murphy, Executive Order No. 109 (Mar. 23, 2020) (Ex. SEC-02-017) Open the exhibit

Ex. SEC-02-006

CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency, 85 Fed. Reg. 19230

Telehealth expansion (home as originating site; added services; audio-only codes; virtual direct supervision)

CMS, United States (Federal)

Dates: In force from Mar. 31, 2020 to Sept. 30, 2021 (issued Apr. 6, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: TM; DX; OF; CB
Grade: Primary source read
Days in this quarter: 92 (in force on the last day)

[Policy and regulatory revisions permitting telehealth for new and established patients, expanding the list of telehealth services, allowing direct supervision by interactive audio/video, paying for telephone E/M services]

Enforcement: Medicare payment conditions

Citation: CMS, CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency, 85 Fed. Reg. 19230 (Apr. 6, 2020) (Ex. SEC-02-006) Open the exhibit

Ex. SEC-02-066

Executive Order 20-13

Cancellation or postponement of elective and non-urgent surgical or invasive procedures

Governor Eric J. Holcomb, Indiana (State)

Dates: In force from Apr. 1, 2020 to Apr. 24, 2020 (issued Mar. 30, 2020)
Quarters: 2020 Q2
Limitations: Health care ordersSupply chain
Functions reached: PR; CL; SC; CB
Grade: Primary source read
Days in this quarter: 24

To preserve PPE for health care providers who are battling the COVID-19 pandemic, beginning April 1, 2020, all health care providers whether medical, dental or other, and health care facilities... are directed to cancel or postpone elective and non-urgent surgical or invasive procedures. An 'elective and non-urgent' procedure... includes any surgery or invasive procedure which can be delayed without undue risk to current or future health of the patient as determined by the patient's treating physician, dentist or health care provider... This provision supersedes the non-essential surgical procedure directive in Executive Order 20-04, paragraph 7 (ACS quotation)

Enforcement: IC 10-14-3-34 (Class B misdemeanor)

Citation: Governor Eric J. Holcomb, Executive Order 20-13 (Mar. 30, 2020) (Ex. SEC-02-066) Open the exhibit

Ex. SEC-02-067

Executive Order 16-20

Prohibition of elective medical procedures

Governor Jim Justice, West Virginia (State)

Dates: In force from Apr. 1, 2020 to Apr. 27, 2020 (issued Mar. 31, 2020)
Quarters: 2020 Q2
Limitations: Health care orders
Functions reached: PR; CL; CB
Grade: Confirmed from a secondary source
Days in this quarter: 27

All elective medical procedures are hereby prohibited; provided that patients will still have access to urgent, medically necessary procedures like those needed to preserve the patient's life or long-term health; and provided that this prohibition applies equally to all types of elective medical procedures performed in hospitals, offices, and clinics throughout the state (ACS quotation)

Enforcement: W. Va. Code 15-5-19 (misdemeanor)

Citation: Governor Jim Justice, Executive Order 16-20 (Mar. 31, 2020) (Ex. SEC-02-067)

Ex. SEC-02-053

ADH Directive on Elective Surgeries

Directive postponing elective procedures, testing and office visits

Arkansas Department of Health (Secretary of Health Nathaniel Smith, M.D.), Arkansas (State)

Dates: In force from Apr. 3, 2020 to Apr. 24, 2020 (issued Mar. 30, 2020)
Quarters: 2020 Q2
Limitations: Health care ordersSupply chain
Functions reached: PR; CL; DX; FD; CB
Grade: Primary source read
Days in this quarter: 22

The following mandatory actions can preserve staff, personal protective equipment (PPE), and patient care supplies... Procedures, testing, and office visits that can be safely postponed shall be rescheduled to an appropriate future date. Routine dental and eye care visits shall be postponed. Emergent, urgent and care designated as an exception below will continue (ACS quotation)

Enforcement: Ark. Code Ann. 20-7-101 (misdemeanor)

Citation: Arkansas Department of Health (Secretary of Health Nathaniel Smith, M.D.), ADH Directive on Elective Surgeries (Mar. 30, 2020) (Ex. SEC-02-053) Open the exhibit

Ex. SEC-02-052

Executive Order 2020-12

Postponement of non-essential elective surgeries to conserve PPE

Governor Kristi Noem, South Dakota (State)

Dates: In force from Apr. 6, 2020 to May 31, 2020
Quarters: 2020 Q2
Limitations: Health care ordersSupply chain
Functions reached: PR; SC; CB
Grade: Confirmed from a secondary source
Days in this quarter: 56

Postpone all non-essential elective surgeries to conserve (and thereby maximize) supplies of personal protective equipment (PPE) (ACS summary)

Enforcement: SDCL 34-48A-36

Citation: Governor Kristi Noem, Executive Order 2020-12 (Apr. 6, 2020) (Ex. SEC-02-052) Open the exhibit

Ex. SEC-02-075

Executive Order D 2020 027

Amending Executive Order D 2020 009 to Extend the Temporary Cessation of All Elective and Non-Essential Surgeries and Procedures and Preserving PPE and Ventilators

Governor Jared Polis, Colorado (State)

Dates: In force from Apr. 6, 2020 to Apr. 26, 2020
Quarters: 2020 Q2
Limitations: Health care ordersSupply chain
Functions reached: PR; CL; DX; SC; CB
Grade: Primary source read
Days in this quarter: 21

This Executive Order amends and extends Executive Order D 2020 009 until April 26, 2020, to order the temporary cessation of all elective and nonessential surgeries and procedures... Section II.A of Executive Order D 2020 009 is amended to read as follows: As of 12:01 A.M. on March 23, 2020, all voluntary or elective surgeries or procedures, whether medical, dental, or veterinary, are suspended in the State of Colorado until April 26, 2020 at the earliest

Enforcement: C.R.S. 24-33.5-704(7)

Citation: Governor Jared Polis, Executive Order D 2020 027 (Apr. 6, 2020) (Ex. SEC-02-075) Open the exhibit

Ex. SEC-02-027

Executive Order No. 25

An Order to Reduce the Spread of COVID-19 by Limiting Non-Emergency Healthcare Procedures (superseding EO 18)

Governor Bill Lee, Tennessee (State)

Dates: In force from Apr. 9, 2020 to Apr. 30, 2020 (issued Apr. 8, 2020)
Quarters: 2020 Q2
Limitations: Health care ordersSupply chain
Functions reached: PR; SC; CL; CB
Grade: Primary source read
Days in this quarter: 22

2. All healthcare professionals and healthcare facilities in the State of Tennessee shall postpone surgical and invasive procedures that are elective and non-urgent. Elective and non-urgent procedures are those procedures that can be delayed until the expiration of this Order because they are not required to provide life-sustaining treatment, to prevent death or risk of substantial impairment of a major bodily function, or to prevent rapid deterioration or serious adverse consequences to a patient's physical condition... 3. In order to conserve personal protective equipment, healthcare providers and healthcare facilities shall [limit PPE use to settings] where surgeries and invasive procedures are being performed... 6. This Order shall take effect at 12:01 a.m., Central Daylight Time, on April 9, 2020, and shall remain in effect until 12:01 a.m., Central Daylight Time, on April 30, 2020

Enforcement: Tenn. Code Ann. 58-2-120

Citation: Governor Bill Lee, Executive Order No. 25 (Apr. 8, 2020) (Ex. SEC-02-027) Open the exhibit

Ex. SEC-02-078

Executive Order No. 1470

Postponement of surgeries and procedures not immediately medically necessary

Governor Tate Reeves, Mississippi (State)

Dates: In force from Apr. 10, 2020 to Apr. 27, 2020
Quarters: 2020 Q2
Limitations: Health care ordersSupply chain
Functions reached: PR; CL; DX; SC; FD; CB
Grade: Primary source read
Days in this quarter: 18

I.... from 5:00 p.m. on April 10, 2020, and continuing until 11:59 p.m. on April 27, 2020, all licensed health care professionals and all licensed health care facilities shall postpone all surgeries and procedures that are not immediately medically necessary to correct a serious medical condition of, or to preserve the life of, a patient who without immediate performance of the surgery or procedure would be at risk for serious adverse medical consequences or death, as determined by the patient's physician. II. Provided, however, that this prohibition shall not apply to any procedure that... would not have the potential to deplete the hospital capacity, medical equipment or PPE... III.b. Violations of this Executive Order are subject to the provisions of Miss. Code Ann. secs. 33-15-43 and 41-3-59. IV. This Executive Order shall remain in effect... from 5:00 p.m. on April 10, 2020, until…

Enforcement: Miss. Code Ann. 33-15-43; 41-3-59

Citation: Governor Tate Reeves, Executive Order No. 1470 (Apr. 10, 2020) (Ex. SEC-02-078) Open the exhibit

Ex. SEC-02-012

Executive Order GA-15

Relating to hospital capacity during the COVID-19 disaster

Governor Greg Abbott, Texas (State)

Dates: In force from Apr. 21, 2020 to May 8, 2020 (issued Apr. 17, 2020)
Quarters: 2020 Q2
Limitations: Capacity limitHealth care ordersSupply chain
Functions reached: PR; CL; SC; CB
Grade: Primary source read
Days in this quarter: 18

All licensed health care professionals and all licensed health care facilities shall postpone all surgeries and procedures that are not medically necessary to diagnose or correct a serious medical condition... provided, however, that this prohibition shall not apply to either of the following: any procedure that... would not deplete the hospital capacity or the personal protective equipment needed to cope with the COVID-19 disaster; any surgery or procedure performed in a licensed health care facility that has certified in writing to the Texas Health and Human Services Commission both (1) that it will reserve at least 25% of its hospital capacity for treatment of COVID-19 patients... and (2) that it will not request any personal protective equipment from any public source

Enforcement: Tex. Gov't Code 418.173 (recited)

Citation: Governor Greg Abbott, Executive Order GA-15 (Apr. 17, 2020) (Ex. SEC-02-012) Open the exhibit

Ex. SEC-02-049

Executive Order No. 202.25

Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency (county-based resumption of elective surgeries in general hospitals)

Governor Andrew M. Cuomo, New York (State)

Dates: In force from Apr. 29, 2020 to May 29, 2020
Quarters: 2020 Q2
Limitations: Capacity limitHealth care orders
Functions reached: PR; CL; DX; CB
Grade: Primary source read
Days in this quarter: 31

The directive contained in Executive Order 202.10 authorizing the Commissioner of Health to direct all general hospitals, ambulatory surgery centers, office-based surgery practices and diagnostic and treatment centers to increase the number of beds available to patients, including by canceling all elective surgeries and procedures, is hereby modified only to the extent necessary to authorize general hospitals to perform elective surgeries and procedures so long as the following criteria are met: within a county, the total available hospital inpatient capacity is over thirty percent and the total available hospital ICU capacity is over thirty percent and the total change, from April 17, 2020 to April 27, 2020, in the number of hospitalized patients who are positive for COVID-19 is fewer than ten... General hospitals shall not perform any elective surgery or procedure for patients until…

Enforcement: Executive Law sec. 29-a

Citation: Governor Andrew M. Cuomo, Executive Order No. 202.25 (Apr. 29, 2020) (Ex. SEC-02-049) Open the exhibit

Ex. SEC-02-044

Executive Order No. 31

An Order to Reduce the Spread of COVID-19 by Limiting Non-Emergency Dental Procedures

Governor Bill Lee, Tennessee (State)

Dates: In force from Apr. 30, 2020 to May 6, 2020 (issued Apr. 28, 2020)
Quarters: 2020 Q2
Limitations: Health care orders
Functions reached: PR (dental counterparties); CB
Grade: Primary source read
Days in this quarter: 7

1. Dental service providers in the State of Tennessee... shall not perform any non-emergency dental or oral procedures... 4. This Order shall take effect at 12:01 a.m., Central Daylight Time, on April 30, 2020

Enforcement: Tenn. Code Ann. 58-2-120

Citation: Governor Bill Lee, Executive Order No. 31 (Apr. 28, 2020) (Ex. SEC-02-044) Open the exhibit

Ex. SEC-02-021

Executive Order 20-112

Phase 1: Safe. Smart. Step-by-Step. Plan for Florida's Recovery

Governor Ron DeSantis, Florida (State)

Dates: In force from May 4, 2020 to June 3, 2020 (issued Apr. 29, 2020)
Quarters: 2020 Q2
Limitations: Stay-at-homeCapacity limitHealth care orders
Functions reached: PR; CL; SC; CB
Grade: Primary source read
Days in this quarter: 31

Section 4... Subject to the conditions outlined below, elective procedures prohibited by Executive Order 20-72 may resume when this order goes into effect. A hospital, ambulatory surgical center, office surgery center, dental office, orthodontic office, endodontic office or other health care practitioners' office in the State of Florida may perform procedures prohibited by Executive Order 20-72 [only if it has capacity to convert additional surgical and ICU beds, adequate PPE, has not requested PPE from public sources within 14 days, and has not refused COVID-19 patients from nursing homes]

Enforcement: Fla. Stat. 252.50

Citation: Governor Ron DeSantis, Executive Order 20-112 (Apr. 29, 2020) (Ex. SEC-02-021) Open the exhibit

Ex. SEC-02-007

CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency, 85 Fed. Reg. 27550

Audio-only E/M payment parity; further telehealth and supervision flexibilities

CMS, United States (Federal)

Dates: In force from May 8, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: TM; OF; CB
Grade: Primary source read
Days in this quarter: 54 (in force on the last day)

[increase in payment for telephone E/M services to parity with office visits; additional telehealth flexibilities]

Enforcement: Medicare payment conditions

Citation: CMS, CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency, 85 Fed. Reg. 27550 (May 8, 2020) (Ex. SEC-02-007) Open the exhibit

Ex. SEC-02-014

Executive Order GA-27

Relating to the need for increased hospital capacity during the COVID-19 disaster

Governor Greg Abbott, Texas (State)

Dates: In force from June 26, 2020 to Sept. 17, 2020 (issued June 25, 2020)
Quarters: 2020 Q22020 Q3
Limitations: Health care orders
Functions reached: PR (hospital-based procedures of practice physicians); CB referral sources
Grade: Primary source read
Days in this quarter: 5 (in force on the last day)

Every hospital that is licensed under Chapter 241 of the Texas Health and Safety Code, and is also located in Bexar, Dallas, Harris, or Travis counties, shall postpone all surgeries and procedures that are not medically necessary to diagnose or correct a serious medical condition of, or to preserve the life of, a patient who without timely performance of the surgery or procedure would be at risk for serious adverse medical consequences or death, as determined by the patient's physician

Enforcement: Tex. Gov't Code 418.173 (recited)

Citation: Governor Greg Abbott, Executive Order GA-27 (June 25, 2020) (Ex. SEC-02-014) Open the exhibit

Ex. SEC-02-080

Insurance Circular Letter No. 6 (2020)

Telehealth and COVID-19 (cost-sharing waiver; emergency regulation to follow)

Department of Financial Services, New York (State)

Dates: In force from Mar. 15, 2020 to June 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Other
Functions reached: TM; CB; OF
Grade: Primary source read
Days in this quarter: 108 (in force on the last day)

the Department will be promulgating an emergency regulation to provide that, during the state of emergency for COVID-19, no policy or contract... may impose, and no insured is required to pay, copayments, coinsurance, or annual deductibles for an in-network service delivered via telehealth when such service would have been covered under the policy if it had been delivered in person (as read on the DFS site, Sept. 26, 2026)

Enforcement: Insurance Law sec. 109

Citation: Department of Financial Services, Insurance Circular Letter No. 6 (2020) (Mar. 15, 2020) (Ex. SEC-02-080) Open the exhibit

Ex. SEC-02-009

Opioid Treatment Program guidance: blanket exception for take-home methadone doses (Mar. 16, 2020)

Methadone take-home flexibility for OTPs

Substance Abuse and Mental Health Services Administration, United States (Federal)

Dates: In force from Mar. 16, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Other
Functions reached: CL; TM; CB
Grade: Confirmed from a secondary source
Days in this quarter: 107 (in force on the last day)

On March 16, 2020, SAMHSA issued an exemption to Opioid Treatment Programs (OTPs) whereby a state could request 'a blanket exception for all stable patients in an OTP to receive up to 28 days of Take-Home doses... [and] up to 14 days' for less stable patients (current SAMHSA page describing the 2020 exemption)

Enforcement: conditions of OTP certification

Citation: Substance Abuse and Mental Health Services Administration, Opioid Treatment Program guidance: blanket exception for take-home methadone doses (Mar. 16, 2020) (Ex. SEC-02-009) Open the exhibit

Ex. SEC-02-008

Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency, 85 Fed. Reg. 22024

OCR telehealth enforcement discretion

HHS Office for Civil Rights, United States (Federal)

Dates: In force from Mar. 17, 2020 to Aug. 9, 2023 (issued Apr. 21, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Other
Functions reached: TM
Grade: Primary source read
Days in this quarter: 106 (in force on the last day)

[OCR will exercise its enforcement discretion and will not impose penalties for noncompliance with the HIPAA Rules in connection with the good faith provision of telehealth using non-public facing remote communication products]

Enforcement: none (forbearance)

Ex. SEC-02-050

Executive Order 2020-09 (COVID-19 Executive Order No. 7)

Executive Order to Expand Telehealth Services and Protect Health Care Providers in Response to COVID-19

Governor JB Pritzker, Illinois (State)

Dates: In force from Mar. 19, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Other
Functions reached: TM; CB; OF
Grade: Primary source read
Days in this quarter: 104 (in force on the last day)

[Insurers required to cover telehealth services rendered by in-network providers, including audio-only and video communications, at the same cost-sharing as in-person; Telehealth Act and Medical Practice Act provisions suspended to permit telehealth by any modality]

Enforcement: Illinois Insurance Code enforcement by the Department

Citation: Governor JB Pritzker, Executive Order 2020-09 (COVID-19 Executive Order No. 7) (Mar. 19, 2020) (Ex. SEC-02-050) Open the exhibit

Ex. SEC-02-055

Executive Order 2020-05D

Emergency Medicaid telehealth rules (Ohio Department of Medicaid)

Governor Mike DeWine, Ohio (State)

Dates: In force from Mar. 19, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Other
Functions reached: TM; CB
Grade: Confirmed from a secondary source
Days in this quarter: 104 (in force on the last day)

Citation: Governor Mike DeWine, Executive Order 2020-05D (Mar. 19, 2020) (Ex. SEC-02-055) Open the exhibit

Ex. SEC-02-061

Order of the Governor No. 20-04-01-01, Amending and Restating Order No. 20-03-20-01, To Further Authorize Additional Telehealth Services

Telehealth and audio-only authorization

Governor Lawrence J. Hogan, Jr., Maryland (State)

Dates: In force from Apr. 1, 2020 to July 1, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Other
Functions reached: TM; OF; CB
Grade: Primary source read
Days in this quarter: 91 (in force on the last day)

II.... the Secretary of Health may, through the issuance of one or more directives, authorize health care practitioners to provide health care services through the use of telecommunications technologies ('telehealth'), as well as audio-only calls or conversations, to a patient at a different physical location than the health care practitioner... IV. Before providing treatment or issuing a prescription through telehealth or audio-only calls or conversations, the health care practitioner shall perform a clinical evaluation... any provision of... HG sec. 15-105.2 inconsistent with this order is hereby suspended

Enforcement: Public Safety 14-114(c)

Citation: Governor Lawrence J. Hogan, Jr, Order of the Governor No. 20-04-01-01, Amending and Restating Order No. 20-03-20-01, To Further Authorize Additional Telehealth Services (Apr. 1, 2020) (Ex. SEC-02-061) Open the exhibit

Ex. SEC-02-077

Executive Order D 2020 020

Ordering the Temporary Suspension of Certain Statutes to Expand the Use of Telehealth Services Due to the Presence of COVID-19

Governor Jared Polis, Colorado (State)

Dates: In force from Apr. 1, 2020 to Dec. 31, 2020
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Other
Functions reached: TM; CB; OF
Grade: Primary source read
Days in this quarter: 91 (in force on the last day)

II.A. I temporarily suspend the definition of 'telehealth' in C.R.S. [10-16-123]... B. I temporarily suspend the exclusions from the definition of 'telehealth' in C.R.S. [to permit audio-only and other modalities]

Enforcement: C.R.S. 24-33.5-704(7)

Citation: Governor Jared Polis, Executive Order D 2020 020 (Apr. 1, 2020) (Ex. SEC-02-077) Open the exhibit

Ex. SEC-02-003

Non-Emergent, Elective Medical Services, and Treatment Recommendations (Mar. 18, 2020; updated Apr. 7, 2020)

CMS Adult Elective Surgery and Procedures Recommendations (Tier 1-3 framework)

Centers for Medicare & Medicaid Services, United States (Federal)

Dates: In force from Apr. 7, 2020 to Apr. 19, 2020
Quarters: 2020 Q2
Limitations: Other
Functions reached: PR; CL; DX
Grade: Primary source read
Days in this quarter: 13

[DESCRIPTION, not a quotation: tiered framework (Tier 1a/1b, 2a/2b, 3a/3b) for postponing low-acuity and non-urgent surgeries and procedures; the word 'Tier' does not occur in the saved text (4,301 characters).

Enforcement: none (guidance); incorporated by reference in State orders (Utah PHO Mar. 23, 2020; Mississippi EO 1477 sec. I(i)(ii)(2); Minnesota EO 20-09 recital; Mississippi EO 1470 recital)

Citation: Centers for Medicare & Medicaid Services, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Mar. 18, 2020; updated Apr. 7, 2020) (Ex. SEC-02-003) Open the exhibit

Ex. SEC-02-010

Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use, temporary final rule, 85 Fed. Reg. 20195

FEMA PPE export allocation rule (N95 and other filtering facepiece respirators, surgical masks, gloves, gowns)

FEMA, Department of Homeland Security, United States (Federal)

Dates: In force from Apr. 7, 2020 to June 30, 2021 (issued Apr. 10, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Supply chain
Functions reached: SC PPE supply and allocation
Grade: Primary source read
Days in this quarter: 85 (in force on the last day)

[covered materials may not leave the United States without explicit approval by FEMA; CBP detention of shipments]

Enforcement: DPA sec. 103 penalties; CBP detention

Citation: FEMA, Department of Homeland Security, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use, temporary final rule, 85 Fed. Reg. 20195 (Apr. 10, 2020) (Ex. SEC-02-010) Open the exhibit

Ex. SEC-02-004

Opening Up America Again: CMS Recommendations Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I

Phase I reopening recommendations

CMS, United States (Federal)

Dates: In force from Apr. 19, 2020 to June 30, 2020
Quarters: 2020 Q2
Limitations: Other
Functions reached: PR; CL; FD
Grade: Primary source read
Days in this quarter: 73 (in force on the last day)

Phase I... [screening, PPE, facility considerations, testing capacity, sanitation, minimizing time in waiting areas]

Enforcement: none (guidance); incorporated by State resumption orders (e.g., Mississippi EO 1477; Colorado PHO 20-29)

Citation: CMS, Opening Up America Again: CMS Recommendations Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020) (Ex. SEC-02-004) Open the exhibit

Third quarter of 2020 (July 1, 2020 to Sept. 30, 2020)

Federal layer

Ex. FED-168

CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022)

QSO-20-38-NH (Aug. 26, 2020)

CMS, Quality, Safety & Oversight Group, United States (Medicare and Medicaid LTC facilities) (Federal)

Dates: In force from Aug. 26, 2020 to Sept. 23, 2022
Quarters: 2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesQuarantine and isolation
Functions reached: IC/RS nursing homes (home-care-senior-living); HR/WF of every contractor and agency worker serving nursing homes (staffing PL; hospice and home health HC; therapy; physicians CL; personal services SL); OF
Grade: Primary source read
Days in this quarter: 36 (in force on the last day)

Specifically, facilities are required to test residents and staff, including individuals providing services under arrangement and volunteers, for COVID-19 based on parameters set forth by the HHS Secretary. This memorandum provides guidance for facilities to meet the new requirements.... Routine Testing of Staff: Routine testing should be based on the extent of the virus in the community, therefore facilities should use their county positivity rate in the prior week as the trigger for staff testing frequency. [Table: county positivity Low (<5%) - Once a month; Medium (5%-10%) - Once a week; High (>10%) - Twice a week.]... (5) Have procedures for addressing residents and staff, including individuals providing services under arrangement and volunteers, who refuse testing or are unable to be tested.

Enforcement: F-tag F886 citations; civil money penalties

Citation: CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168) Open the exhibit

Ex. FED-092

CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022)

Medicare and Medicaid Programs, Clinical Laboratory Improvement Amendments (CLIA), and Patient Protection and Affordable Care Act; Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency, 85 Fed. Reg. 54820 (Sept. 2, 2020)

Centers for Medicare & Medicaid Services, HHS, United States (Medicare and Medicaid long-term care facilities; hospitals and CAHs; CLIA laboratories) (Federal)

Dates: In force from Sept. 2, 2020 to May 11, 2023
Quarters: 2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesQuarantine and isolation
Functions reached: RS residential care and IC infection control (nursing homes: mandatory routine staff testing keyed to county positivity, FED-168); HR/WF of nursing homes and of every contractor, therapist, hospice worker, agency nurse and vendor 'providing services under arrangement' (staffing agencies PL; home health HC; physicians CL); IP/ED hospitals (federal daily reporting)
Grade: Primary source read
Days in this quarter: 29 (in force on the last day)

This interim final rule with comment period (IFC) revises regulations to strengthen CMS' ability to enforce compliance with Medicare and Medicaid long-term care (LTC) facility requirements for reporting information related to coronavirus disease 2019 (COVID-19), establishes a new requirement for LTC facilities for COVID-19 testing of facility residents and staff, establishes new requirements in the hospital and critical access hospital (CAH) Conditions of Participation (CoPs) for tracking the incidence and impact of COVID-19... § 483.80(h): The LTC facility must test residents and facility staff, including individuals providing services under arrangement and volunteers, for COVID-19.

Enforcement: F-tag F886 citations and civil money penalties for LTC facilities; hospital CoP enforcement (42 C.F.R. § 482.42(e)); CLIA sanctions

Citation: Centers for Medicare & Medicaid Services, HHS, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-092) Open the exhibit

Ex. FED-161

QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting

QSO-20-29-NH

CMS, Quality, Safety & Oversight Group, United States (Medicare and Medicaid nursing homes) (Federal)

Dates: In force from May 8, 2020 to Sept. 30, 2021 (issued May 6, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: OF administration (weekly federal reporting); RS resident and family notification; HR staffing-shortage reporting
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

COVID-19 Reporting Requirements: CMS is requiring nursing homes to report COVID-19 facility data to the Centers for Disease Control and Prevention (CDC) and to residents, their representatives, and families of residents in facilities. Enforcement: Failure to report in accordance with 42 CFR §483.80(g) can result in an enforcement action.... § 483.80 Infection control. (g) COVID-19 Reporting. The facility must-- (1) Electronically report information about COVID-19 in a standardized format specified by the Secretary. This report must include but is not limited to-(i) Suspected and confirmed COVID-19 infections among residents and staff... (vii) Staffing shortages... (2) Provide the information specified in paragraph (g)(1) of this section at a frequency specified by the Secretary, but no less than weekly to the Centers for Disease Control and Prevention's National Healthcare Safety…

Enforcement: F-tags F884 and F885; civil money penalties (escalating weekly)

Citation: CMS, Quality, Safety & Oversight Group, QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting (May 6, 2020) (Ex. FED-161) Open the exhibit

Ex. FED-157

QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021)

QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials

CMS, Quality, Safety & Oversight Group, United States (nursing homes; State and local officials) (Federal)

Dates: In force from May 18, 2020 to Mar. 10, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q1
Limitations: Capacity limitGathering capHealth care orders
Functions reached: VS visitation phases; DN communal dining and group activities by phase; HR non-essential personnel entry by phase (salons, therapy, volunteers); RS admissions
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Recommendations for State and Local Officials: CMS is providing recommendations to help determine the level of mitigation needed to prevent the transmission of COVID19 in nursing homes. The recommendations cover the following items: Criteria for relaxing certain restrictions and mitigating the risk of resurgence: Factors to inform decisions for relaxing nursing home restrictions through a phased approach. Visitation and Service Considerations: Considerations allowing visitation and services in each phase.... Given the critical importance in limiting COVID-19 exposure in nursing homes, decisions on relaxing restrictions should be made with careful review of a number of facility-level, community, and State factors/orders

Enforcement: Recommendations; implemented by State orders and directives and by survey

Citation: CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157) Open the exhibit

Ex. FED-334

General Order 73 (Amended May 21, 2020)

Continuing Temporary Restrictions on Courthouse Access (Amended May 21, 2020)

Chief Judge Phyllis J. Hamilton, United States District Court for the Northern District of California (Court)

Dates: In force from May 21, 2020 to July 1, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Business closureCourts and public offices
Functions reached: CT courthouses closed to the public except for official court business, Mar. 2020 - June 30, 2021
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

[In light of the shelter-in-place orders and to protect] courthouse visitors, the court will continue to temporarily restrict courthouse access at all four locations due to the ongoing COVID-19 emergency. Effective immediately and until further [order, entry is limited to persons with official court business]... 'Official court business' shall include [scheduled proceedings and filings]... There will also be a drop box available for manual filing in the first floor lobby of the San Francisco, Oakland, and San Jose courthouses.

Enforcement: court order; court security

Citation: Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334) Open the exhibit

Ex. FED-393

USACE district closures of recreation areas, campgrounds, visitor centers and project offices (March 2020); HQ release 'Army Corps-managed campgrounds to remain closed until further notice' (April 2020); gradual reopening release of May 21, 2020

Army Corps of Engineers begins gradual reopening of recreation areas closed due to coronavirus (May 21, 2020), following district closures of March 2020

U.S. Army Corps of Engineers Headquarters and district commanders, United States (U.S. Army Corps of Engineers recreation areas, visitor centers and project offices) (Federal)

Dates: In force from May 21, 2020 to Sept. 30, 2020 (issued Mar. 17, 2020)
Quarters: 2020 Q22020 Q3
Limitations: Business closure
Functions reached: AM the largest federal provider of outdoor recreation (about 270 million visits a year) closed its campgrounds and visitor centers; CB
Grade: Confirmed from a secondary source
Days in this quarter: 92 (the whole quarter)

Reopening of closed recreation areas will vary from location to location based on state and local conditions, as well as each project's ability to put in place COVID-19 safety precautions.

Enforcement: 36 C.F.R. part 327 closures

Citation: U.S. Army Corps of Engineers Headquarters and district commanders, USACE district closures of recreation areas, campgrounds, visitor centers and project offices (March 2020); HQ release 'Army Corps-managed campgrounds to remain closed until further notice' (April 2020); gradual reopening release of May 21, 2020 (Mar. 17, 2020) (Ex. FED-393)

Ex. FED-165

CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)

QSO-20-31-All (REVISED)

CMS, Quality, Safety & Oversight Group, United States (Federal)

Dates: In force from June 1, 2020 to Mar. 30, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care orders
Functions reached: IC infection control (nursing homes under mandatory focused surveys); OF
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

[Directs States to complete focused infection control surveys of every nursing home by July 31, 2020 as a condition of CARES Act survey funding; expands survey activities; imposes enhanced enforcement (escalating civil money penalties) for infection-control deficiencies]

Enforcement: Enhanced civil money penalties for F880 infection-control deficiencies; State funding conditions

Ex. FED-325

USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4

USCIS Preparing to Resume Public Services on June 4

U.S. Citizenship and Immigration Services, United States (USCIS domestic offices) (Federal)

Dates: In force from June 4, 2020 to Sept. 30, 2021 (issued May 27, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Face-covering requirementCourts and public officesWorkplace rules
Functions reached: HR; CS
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

U.S. Citizenship and Immigration Services is preparing some domestic offices to reopen and resume non-emergency public services on or after June 4. On March 18, USCIS temporarily suspended routine in-person [services]... Members of the public must wear facial coverings that cover both the mouth and nose when entering [facilities]...

Enforcement: agency entry conditions

Citation: U.S. Citizenship and Immigration Services, USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4 (Ex. FED-325) Open the exhibit

Ex. FED-029

No Sail Order; Second Modification and Extension (July 16, 2020)

No Sail Order and Suspension of Further Embarkation; Second Modification and Extension of No Sail Order and Other Measures Related to Operations, 85 Fed. Reg. 44085 (July 21, 2020)

Centers for Disease Control and Prevention, HHS, United States (Federal)

Dates: In force from July 16, 2020 to Sept. 30, 2020
Quarters: 2020 Q3
Limitations: Business closureTravel and quarantineEvents and venues
Functions reached: TV; GS; CB; SC
Grade: Primary source read
Days in this quarter: 77 (in force on the last day)

[second extension of the No Sail Order through September 30, 2020]

Enforcement: same as FED-027

Citation: Centers for Disease Control and Prevention, HHS, No Sail Order; Second Modification and Extension (July 16, 2020) (Ex. FED-029) Open the exhibit

Ex. FED-166

CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)

QSO-20-35-ALL

CMS, Quality, Safety & Oversight Group, United States (Federal)

Dates: In force from Aug. 17, 2020 to May 1, 2023
Quarters: 2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care orders
Functions reached: CT/HR survey and enforcement functions of certified providers (documents the March 23 - May 31, 2020 hold on onsite revisits and enforcement cases)
Grade: Primary source read
Days in this quarter: 45 (in force on the last day)

CMS is revising guidance on the expansion of survey activities to authorize onsite revisits and other survey types. CMS is providing guidance to State Survey Agencies (SAs) on resolving enforcement cases: CMS is providing guidance on resolving enforcement cases that were previously directed to be held, and providing guidance on Civil Money Penalty (CMP) collection. Expanded Desk Review Authority: CMS is temporarily expanding the desk review policy to include review of continuing noncompliance following removal of Immediate Jeopardy (IJ), which would otherwise have required an onsite revisit from March 23, 2020, through May 31, 2020.

Enforcement: Governs survey and enforcement operations

Ex. FED-172

Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor)

Paid Leave Under the Families First Coronavirus Response Act, 85 Fed. Reg. 57677 (Sept. 16, 2020)

Wage and Hour Division, U.S. Department of Labor, United States (Federal)

Dates: In force from Sept. 16, 2020 to Dec. 31, 2020 (issued Sept. 11, 2020)
Quarters: 2020 Q32020 Q4
Limitations: Schools and child careWorkplace rulesQuarantine and isolation
Functions reached: WF; HR (health care employers lost the broad exclusion from Sept. 16, 2020)
Grade: Primary source read
Days in this quarter: 15 (in force on the last day)

DATES: This rule is effective from September 16, 2020 through December 31, 2020.... On August 3, 2020, the District Court ruled that four parts of the temporary rule are invalid: (1) The requirement under § 826.20 that paid sick leave and expanded family and medical leave are available only if an employee has work from which to take leave; (2) the requirement under § 826.50 that an employee may take FFCRA leave intermittently only with employer approval; (3) the definition of an employee who is a 'health care provider,' set forth in § 826.30(c)(1), whom an employer may exclude from being eligible for FFCRA leave; and (4) the statement in § 826.100 that employees who take FFCRA leave must provide their employers with certain documentation before taking leave.

Enforcement: FLSA enforcement

Citation: Wage and Hour Division, U.S. Department of Labor, Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor) (Sept. 11, 2020) (Ex. FED-172) Open the exhibit

Ex. FED-333

General Order 72-6

In re: COVID Public Health Emergency (General Order 72-6)

Chief Judge Phyllis J. Hamilton, United States District Court for the Northern District of California (Court)

Dates: In force from Sept. 16, 2020 to July 1, 2021
Quarters: 2020 Q32020 Q42021 Q12021 Q2
Limitations: Business closureCourts and public offices
Functions reached: CT courthouses closed to public events and tours; most appearances remote; in force Sept. 16, 2020 - June 30, 2021
Grade: Primary source read
Days in this quarter: 15 (in force on the last day)

Orders as follows, effective immediately: 1. Jury trials and bench trials may proceed in accordance with the logistical considerations [necessitated by the pandemic]... 3. Other court appearances may be waived or postponed, or may be conducted by telephone or [videoconference]... [in-person proceedings other than trials] are suspended pending further notice, unless a judge orders otherwise in a specific case.... 3. Pending further notice, the courthouses and law libraries are closed for public events, tours, and [gatherings]... 4. Effective immediately, this General Order supersedes General Order 72-5. ADOPTED: September 16, 2020

Enforcement: court order

Citation: Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333) Open the exhibit

Ex. FED-154

QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020)

QSO-20-39-NH, Nursing Home Visitation - COVID-19

CMS, Quality, Safety & Oversight Group, United States (Medicare and Medicaid nursing homes) (Federal)

Dates: In force from Sept. 17, 2020 to Mar. 10, 2021
Quarters: 2020 Q32020 Q42021 Q1
Limitations: Gathering capHealth care orders
Functions reached: VS visitation (outdoor preferred; indoor only where no new onset of cases in 14 days and county positivity below 10 percent; compassionate care); DN communal activities; RS cohorting
Grade: Primary source read
Days in this quarter: 14 (in force on the last day)

Enforcement: F-tag F563 and F880 survey enforcement

Citation: CMS, Quality, Safety & Oversight Group, QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020) (Ex. FED-154) Open the exhibit

Ex. FED-030

No Sail Order; Third Modification and Extension (Sept. 30, 2020)

No Sail Order and Suspension of Further Embarkation; Third Modification and Extension of No Sail Order and Other Measures Related to Operations, 85 Fed. Reg. 62732 (Oct. 5, 2020)

Centers for Disease Control and Prevention, HHS, United States (Federal)

Dates: In force from Sept. 30, 2020 to Oct. 31, 2020
Quarters: 2020 Q32020 Q4
Limitations: Business closureTravel and quarantineEvents and venues
Functions reached: TV; GS; CB; SC
Grade: Primary source read
Days in this quarter: 1 (in force on the last day)

[extends the No Sail Order to the earliest of the PHE's expiration, rescission, or] October 31, 2020.

Enforcement: same as FED-027

Citation: Centers for Disease Control and Prevention, HHS, No Sail Order; Third Modification and Extension (Sept. 30, 2020) (Ex. FED-030) Open the exhibit

Ex. FED-010

Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus

Determination that a Public Health Emergency Exists

Alex M. Azar II, Secretary of Health and Human Services, United States (Federal)

Dates: In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the CDC orders (each states it runs until the PHE ends), the § 1135 waivers, the CMS interim final rules and the OSHA ETS findings
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

As a result of confirmed cases of 2019 Novel Coronavirus (2019-nCoV), on this date and after consultation with public health officials as necessary, I, Alex M. Azar II, Secretary of Health and Human Services, pursuant to the authority vested in me under section 319 of the Public Health Service Act, do hereby determine that a public health emergency exists and has existed since January 27, 2020, nationwide.

Enforcement: Predicate; the enabled instruments carry their own enforcement

Citation: Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010) Open the exhibit

Ex. FED-200

Proclamation 9984

Suspension of Entry as Immigrants and Nonimmigrants of Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus and Other Appropriate Measures To Address This Risk, 85 Fed. Reg. 6709 (Feb. 5, 2020)

President Donald J. Trump, United States (Federal)

Dates: In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Travel and quarantine
Functions reached: TV inbound travel from China (business visitors, buyers, engineers); SC supplier engineering and quality visits; MK inbound trade-show attendance; CB foreign customer base
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Section 1. Suspension and Limitation on Entry. The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the People's Republic of China, excluding the Special Administrative Regions of Hong Kong and Macau, during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of this proclamation.... Sec. 6. Effective Date. This proclamation is effective at 5:00 p.m. eastern standard time on February 2, 2020.

Enforcement: Sec. 3: implemented by the Secretaries of State and Homeland Security; an alien who circumvents the proclamation is a priority for removal (sec. 3(c)); carriers barred from boarding covered aliens under DHS implementing measures

Citation: President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200) Open the exhibit

Continuing in force from an earlier quarter of this report (24 instruments):

Exhibit	Citation	Dates	Limitations
Ex. FED-097	CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097)	In force from Mar. 13, 2020 to Sept. 17, 2020	Business closureGathering capHealth care orders
Ex. FED-266	Office of Management and Budget (Deputy Director for Management), OMB Memorandum M-20-18 (Mar. 20, 2020) (Ex. FED-266)	In force from Mar. 20, 2020 to Dec. 31, 2020	Telework mandateWorkplace rules
Ex. FED-192	The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192)	In force from Apr. 16, 2020 to Sept. 30, 2020	Business closureTelework mandateCapacity limitGathering capTravel and quarantine
Ex. FED-268	Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas), OMB/OPM Memorandum M-20-23 (Apr. 20, 2020) (Ex. FED-268)	In force from Apr. 20, 2020 to June 10, 2021	Telework mandateWorkplace rules
Ex. FED-180	Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)	In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)	Emergency declarationHealth care orders
Ex. FED-181	Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)	In force from Feb. 4, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-160	Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)	In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)	Health care ordersOther
Ex. FED-096	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)	In force from Mar. 4, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-088	OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088)	In force from Mar. 9, 2020 to Jan. 29, 2021	Workplace rules
Ex. FED-098	CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)	In force from Mar. 10, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-290	Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)	In force from Mar. 12, 2020 to Sept. 30, 2021	Business closureCourts and public offices
Ex. FED-027	Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027)	In force from Mar. 14, 2020 to Dec. 31, 2020	Business closureTravel and quarantineEvents and venues
Ex. FED-194	HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)	In force from Mar. 17, 2020 to May 11, 2023	Health care ordersOther
Ex. FED-390	Bureau of Reclamation, Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors (Ex. FED-390)	In force from Mar. 17, 2020 to Oct. 22, 2020	Business closure
Ex. FED-267	Office of Management and Budget, OMB Memorandum M-20-19 (Mar. 22, 2020) (Ex. FED-267)	In force from Mar. 22, 2020 to Dec. 31, 2020	Telework mandate
Ex. FED-099	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099)	In force from Mar. 23, 2020 to May 1, 2023	Health care ordersCourts and public offices
Ex. FED-391	U.S. Department of Agriculture, Farm Production and Conservation mission area, USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment Only (Ex. FED-391)	In force from Mar. 23, 2020 to Sept. 30, 2020	Business closureCourts and public offices
Ex. FED-184	Secretary of Health and Human Services, Emergency Use Authorization Declaration: drugs and biological products (Mar. 27, 2020) (Ex. FED-184)	In force from Mar. 27, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-090	Centers for Medicare & Medicaid Services, HHS, CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with comment period) (Mar. 30, 2020) (Ex. FED-090)	In force from Mar. 31, 2020 to May 11, 2023 (issued Mar. 30, 2020)	Health care ordersOther
Ex. FED-170	Congress (Pub. L. 116-127); approved by the President, Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§ 3101-3106) and Division E (Emergency Paid Sick Leave Act, §§ 5101-5111); Division G (§§ 7001-7005, payroll tax credits); § 6008 (Medicaid FMAP conditions) (Ex. FED-170)	In force from Apr. 1, 2020 to Dec. 31, 2020 (issued Mar. 18, 2020)	Schools and child careWorkplace rulesQuarantine and isolation
Ex. FED-171	Wage and Hour Division, U.S. Department of Labor, Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (Apr. 1, 2020) (Ex. FED-171)	In force from Apr. 2, 2020 to Dec. 31, 2020 (issued Apr. 1, 2020)	Schools and child careWorkplace rulesQuarantine and isolation
Ex. FED-028	Centers for Disease Control and Prevention, HHS, No Sail Order; Notice of Modification and Extension (Apr. 9, 2020) (Ex. FED-028)	In force from Apr. 15, 2020 to July 24, 2020 (issued Apr. 9, 2020)	Business closureTravel and quarantineEvents and venues
Ex. FED-073	President Donald J. Trump, Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020) (Ex. FED-073)	In force from Apr. 28, 2020 to Apr. 10, 2023	Workplace rulesSupply chain
Ex. FED-091	Centers for Medicare & Medicaid Services, HHS, CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule) (May 1, 2020) (Ex. FED-091)	In force from May 8, 2020 to Sept. 30, 2021 (issued May 1, 2020)	Health care ordersOther

123 further federal instruments were in force in this quarter and are listed in the Library's federal layer at covidproject.com/federal; this report shows the 40 most relevant to this selection.

Regulators of Physician Practices and Outpatient Care

Ex. SEC-02-015

Executive Order GA-31

Relating to hospital capacity during the COVID-19 disaster

Governor Greg Abbott, Texas (State)

Dates: In force from Sept. 17, 2020 to Mar. 10, 2021
Quarters: 2020 Q32020 Q42021 Q1
Limitations: Capacity limitHealth care orders
Functions reached: PR; CB
Grade: Primary source read
Days in this quarter: 14 (in force on the last day)

Every hospital that is licensed under Chapter 241... and is also located in an area with high hospitalizations as defined below, shall postpone all surgeries and procedures that are not medically necessary... 'Areas with high hospitalizations' means any Trauma Service Area that has had seven consecutive days in which the number of COVID-19 hospitalized patients as a percentage of all hospitalized patients exceeds 15 percent... every hospital... shall reserve at least 10 percent of its hospital capacity

Enforcement: Tex. Gov't Code 418.173 (recited)

Citation: Governor Greg Abbott, Executive Order GA-31 (Sept. 17, 2020) (Ex. SEC-02-015) Open the exhibit

Continuing in force from an earlier quarter of this report (19 instruments):

Exhibit	Citation	Dates	Limitations
Ex. SEC-02-032	Governor Kate Brown, Executive Order No. 20-22 (Apr. 27, 2020) (Ex. SEC-02-032)	In force from Apr. 27, 2020 to June 30, 2021	Health care ordersWorkplace rules
Ex. SEC-02-076	Governor Jared Polis, Executive Order D 2020 045 (Apr. 26, 2020) (Ex. SEC-02-076)	In force from Apr. 27, 2020 to Oct. 18, 2020 (issued Apr. 26, 2020)	Health care ordersWorkplace rulesSupply chain
Ex. SEC-02-013	Governor Greg Abbott, Executive Order GA-19 (Apr. 27, 2020) (Ex. SEC-02-013)	In force from May 1, 2020 to Mar. 10, 2021 (issued Apr. 27, 2020)	Capacity limitHealth care ordersWorkplace rules
Ex. SEC-02-023	Governor Tim Walz, Emergency Executive Order 20-51 (May 5, 2020) (Ex. SEC-02-023)	In force from May 10, 2020 to July 1, 2021 (issued May 5, 2020)	Health care ordersWorkplace rules
Ex. SEC-02-029	Governor Jay Inslee, Proclamation 20-24.1 (May 18, 2020) (Ex. SEC-02-029)	In force from May 18, 2020 to Nov. 30, 2020	Health care ordersWorkplace rules
Ex. SEC-02-018	Governor Philip D. Murphy, Executive Order No. 145 (May 15, 2020) (Ex. SEC-02-018)	In force from May 26, 2020 to Sept. 30, 2020 (issued May 15, 2020)	Health care ordersWorkplace rules
Ex. SEC-02-005	CMS (Secretary of HHS), COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (Mar. 30, 2020) (Ex. SEC-02-005)	In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 30, 2020)	Health care ordersOther
Ex. SEC-02-059	Governor Ned Lamont, Executive Order No. 7G (Mar. 19, 2020) (Ex. SEC-02-059)	In force from Mar. 19, 2020 to June 30, 2021	Business closureOther
Ex. SEC-02-006	CMS, CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency, 85 Fed. Reg. 19230 (Apr. 6, 2020) (Ex. SEC-02-006)	In force from Mar. 31, 2020 to Sept. 30, 2021 (issued Apr. 6, 2020)	Health care ordersOther
Ex. SEC-02-007	CMS, CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency, 85 Fed. Reg. 27550 (May 8, 2020) (Ex. SEC-02-007)	In force from May 8, 2020 to Sept. 30, 2021	Health care ordersOther
Ex. SEC-02-014	Governor Greg Abbott, Executive Order GA-27 (June 25, 2020) (Ex. SEC-02-014)	In force from June 26, 2020 to Sept. 17, 2020 (issued June 25, 2020)	Health care orders
Ex. SEC-02-080	Department of Financial Services, Insurance Circular Letter No. 6 (2020) (Mar. 15, 2020) (Ex. SEC-02-080)	In force from Mar. 15, 2020 to June 30, 2021	Other
Ex. SEC-02-009	Substance Abuse and Mental Health Services Administration, Opioid Treatment Program guidance: blanket exception for take-home methadone doses (Mar. 16, 2020) (Ex. SEC-02-009)	In force from Mar. 16, 2020 to Sept. 30, 2021	Other
Ex. SEC-02-008	HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency, 85 Fed. Reg. 22024 (Apr. 21, 2020) (Ex. SEC-02-008)	In force from Mar. 17, 2020 to Aug. 9, 2023 (issued Apr. 21, 2020)	Other
Ex. SEC-02-050	Governor JB Pritzker, Executive Order 2020-09 (COVID-19 Executive Order No. 7) (Mar. 19, 2020) (Ex. SEC-02-050)	In force from Mar. 19, 2020 to Sept. 30, 2021	Other
Ex. SEC-02-055	Governor Mike DeWine, Executive Order 2020-05D (Mar. 19, 2020) (Ex. SEC-02-055)	In force from Mar. 19, 2020 to Sept. 30, 2021	Other
Ex. SEC-02-061	Governor Lawrence J. Hogan, Jr, Order of the Governor No. 20-04-01-01, Amending and Restating Order No. 20-03-20-01, To Further Authorize Additional Telehealth Services (Apr. 1, 2020) (Ex. SEC-02-061)	In force from Apr. 1, 2020 to July 1, 2021	Other
Ex. SEC-02-077	Governor Jared Polis, Executive Order D 2020 020 (Apr. 1, 2020) (Ex. SEC-02-077)	In force from Apr. 1, 2020 to Dec. 31, 2020	Other
Ex. SEC-02-010	FEMA, Department of Homeland Security, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use, temporary final rule, 85 Fed. Reg. 20195 (Apr. 10, 2020) (Ex. SEC-02-010)	In force from Apr. 7, 2020 to June 30, 2021 (issued Apr. 10, 2020)	Supply chain

Fourth quarter of 2020 (Oct. 1, 2020 to Dec. 31, 2020)

Federal layer

Ex. FED-031

CDC Framework for Conditional Sailing Order

Framework for Conditional Sailing and Initial Phase COVID-19 Testing Requirements for Protection of Crew, 85 Fed. Reg. 70153 (Nov. 4, 2020)

Centers for Disease Control and Prevention, HHS, United States (cruise ships operating or intending to operate in U.S. waters) (Federal)

Dates: In force from Oct. 30, 2020 to Nov. 1, 2021
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Capacity limitTravel and quarantineEvents and venuesWorkplace rules
Functions reached: TV travel demand; GS group sales; CB passengers and port economies; SC; EVT (shipboard events, conventions at sea)
Grade: Primary source read
Days in this quarter: 63 (in force on the last day)

This Order establishes a framework for a phased approach to resuming cruise ship passenger operations in U.S. waters. This phased approach will include: (1) Establishment of laboratory testing of crew onboard cruise ships in U.S. waters; (2) simulated voyages designed to test a cruise ship operators' ability to mitigate COVID-19 onboard cruise ships; (3) a certification process; and (4) a return to passenger voyages in a manner that mitigates the risk of COVID-19 introduction, transmission, or spread among passengers and crew onboard ships and ashore to communities.... This Order is effective upon signature and shall remain in effect until the earliest of... (3) November 1, 2021.

Enforcement: 42 U.S.C. § 271; 42 C.F.R. §§ 70.18, 71.2; Coast Guard

Citation: Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031) Open the exhibit

Ex. FED-093

CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP maintenance-of-effort conditions); vaccine coverage

Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency, 85 Fed. Reg. 71142 (Nov. 6, 2020)

Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor), United States (State Medicaid programs; group health plans; providers) (Federal)

Dates: In force from Nov. 2, 2020 to Sept. 30, 2021
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: CB payer base of every Medicaid provider (continuous enrollment kept the Medicaid rolls frozen open); OF billing (vaccine administration coverage rules)
Grade: Primary source read
Days in this quarter: 60 (in force on the last day)

This IFC adds a new subpart G, Temporary FMAP Increase During the Public Health Emergency for COVID-19, to 42 CFR part 433, including a new § 433.400. This new provision interprets and implements section 6008(b)(3) of the FFCRA to require states, as a condition for receiving the temporary FMAP increase described at section 6008(a) of the FFCRA, to maintain beneficiary enrollment with specified protections.

Enforcement: Loss of the enhanced FMAP for non-compliant quarters

Citation: Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor), CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP maintenance-of-effort conditions); vaccine coverage (Nov. 2, 2020) (Ex. FED-093) Open the exhibit

Ex. FED-303

Standing Order 20-17

In re: Suspension of In-Person Judicial Proceedings and Modification of Second Extension of Standing Order 2020-12, Due to the Resurgence of COVID-19

Chief Judge Freda L. Wolfson, United States District Court for the District of New Jersey (Court)

Dates: In force from Nov. 25, 2020 to Sept. 30, 2021
Quarters: 2020 Q42021 Q1
Limitations: Business closureCourts and public offices
Functions reached: CT the federal court in New Jersey suspended all in-person proceedings for the winter 2020-21 resurgence; CS
Grade: Primary source read
Days in this quarter: 37 (in force on the last day)

WHEREAS, on June 25, 2020, New Jersey issued a travel advisory... [which] ballooned to 46 states and U.S. jurisdictions, as of November 17, 2020;... WHEREAS, on November 23, 2020, COVID-19-related hospitalizations in New Jersey [reached their highest level since May]... [ORDERED that all in-person judicial proceedings in the District, including criminal proceedings, are suspended]...

Enforcement: court order

Citation: Chief Judge Freda L. Wolfson, Standing Order 20-17 (Nov. 25, 2020) (Ex. FED-303) Open the exhibit

Ex. FED-185

Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter)

Letter of Authorization, Pfizer-BioNTech COVID-19 Vaccine

Food and Drug Administration, HHS (Center for Biologics Evaluation and Research), United States (Federal)

Dates: In force from Dec. 11, 2020 to Aug. 23, 2021
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: context: vaccine availability dates behind the 2021 reopening and vaccination-proof orders (Dec. 11, 2020 first EUA; general adult eligibility in most States by April 19, 2021)
Grade: Primary source read
Days in this quarter: 21 (in force on the last day)

Having concluded that the criteria for issuance of this authorization under Section 564(c) of the Act are met, I am authorizing the emergency use of Pfizer-BioNTech COVID19 Vaccine for the prevention of COVID-19, as described in the Scope of Authorization section of this letter (Section II) and subject to the terms of this authorization.

Enforcement: Conditions of authorization

Citation: Food and Drug Administration, HHS (Center for Biologics Evaluation and Research), Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter) (Ex. FED-185) Open the exhibit

Ex. FED-186

Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter)

Letter of Authorization, Moderna COVID-19 Vaccine

Food and Drug Administration, HHS, United States (Federal)

Dates: In force from Dec. 18, 2020 to Jan. 31, 2022
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: context
Grade: Primary source read
Days in this quarter: 14 (in force on the last day)

Having concluded that the criteria for issuance of this authorization under Section 564(c) of the Act are met, I am authorizing the emergency use of Moderna COVID19 Vaccine... for the prevention of COVID-19, as described in the Scope of Authorization section (Section II) and subject to the terms of this authorization.

Enforcement: Conditions of authorization

Citation: Food and Drug Administration, HHS, Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter) (Ex. FED-186) Open the exhibit

Ex. FED-001

Proclamation 9994

Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak, 85 Fed. Reg. 15337 (Mar. 18, 2020)

President Donald J. Trump, United States (Federal)

Dates: In force from Mar. 1, 2020 to Apr. 10, 2023 (issued Mar. 13, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for every federal health-care instrument (FED-090 to FED-099, FED-160)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

do hereby find and proclaim that the COVID-19 outbreak in the United States constitutes a national emergency, beginning March 1, 2020. Pursuant to this declaration, I direct as follows: Section 1. Emergency Authority. The Secretary of HHS may exercise the authority under section 1135 of the SSA to temporarily waive or modify certain requirements of the Medicare, Medicaid, and State Children's Health Insurance programs and of the Health Insurance Portability and Accountability Act Privacy Rule throughout the duration of the public health emergency declared in response to the COVID-19 outbreak.

Enforcement: Predicate only; operates through the instruments it enables (§ 1135 waivers; CMS interim final rules; Stafford Act assistance)

Citation: President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001) Open the exhibit

Continuing in force from an earlier quarter of this report (34 instruments):

Exhibit	Citation	Dates	Limitations
Ex. FED-266	Office of Management and Budget (Deputy Director for Management), OMB Memorandum M-20-18 (Mar. 20, 2020) (Ex. FED-266)	In force from Mar. 20, 2020 to Dec. 31, 2020	Telework mandateWorkplace rules
Ex. FED-268	Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas), OMB/OPM Memorandum M-20-23 (Apr. 20, 2020) (Ex. FED-268)	In force from Apr. 20, 2020 to June 10, 2021	Telework mandateWorkplace rules
Ex. FED-168	CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168)	In force from Aug. 26, 2020 to Sept. 23, 2022	Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-092	Centers for Medicare & Medicaid Services, HHS, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-092)	In force from Sept. 2, 2020 to May 11, 2023	Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-180	Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)	In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)	Emergency declarationHealth care orders
Ex. FED-181	Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)	In force from Feb. 4, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-160	Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)	In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)	Health care ordersOther
Ex. FED-096	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)	In force from Mar. 4, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-088	OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088)	In force from Mar. 9, 2020 to Jan. 29, 2021	Workplace rules
Ex. FED-098	CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)	In force from Mar. 10, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-290	Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)	In force from Mar. 12, 2020 to Sept. 30, 2021	Business closureCourts and public offices
Ex. FED-027	Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027)	In force from Mar. 14, 2020 to Dec. 31, 2020	Business closureTravel and quarantineEvents and venues
Ex. FED-194	HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)	In force from Mar. 17, 2020 to May 11, 2023	Health care ordersOther
Ex. FED-390	Bureau of Reclamation, Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors (Ex. FED-390)	In force from Mar. 17, 2020 to Oct. 22, 2020	Business closure
Ex. FED-267	Office of Management and Budget, OMB Memorandum M-20-19 (Mar. 22, 2020) (Ex. FED-267)	In force from Mar. 22, 2020 to Dec. 31, 2020	Telework mandate
Ex. FED-099	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099)	In force from Mar. 23, 2020 to May 1, 2023	Health care ordersCourts and public offices
Ex. FED-184	Secretary of Health and Human Services, Emergency Use Authorization Declaration: drugs and biological products (Mar. 27, 2020) (Ex. FED-184)	In force from Mar. 27, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-090	Centers for Medicare & Medicaid Services, HHS, CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with comment period) (Mar. 30, 2020) (Ex. FED-090)	In force from Mar. 31, 2020 to May 11, 2023 (issued Mar. 30, 2020)	Health care ordersOther
Ex. FED-170	Congress (Pub. L. 116-127); approved by the President, Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§ 3101-3106) and Division E (Emergency Paid Sick Leave Act, §§ 5101-5111); Division G (§§ 7001-7005, payroll tax credits); § 6008 (Medicaid FMAP conditions) (Ex. FED-170)	In force from Apr. 1, 2020 to Dec. 31, 2020 (issued Mar. 18, 2020)	Schools and child careWorkplace rulesQuarantine and isolation
Ex. FED-171	Wage and Hour Division, U.S. Department of Labor, Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (Apr. 1, 2020) (Ex. FED-171)	In force from Apr. 2, 2020 to Dec. 31, 2020 (issued Apr. 1, 2020)	Schools and child careWorkplace rulesQuarantine and isolation
Ex. FED-073	President Donald J. Trump, Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020) (Ex. FED-073)	In force from Apr. 28, 2020 to Apr. 10, 2023	Workplace rulesSupply chain
Ex. FED-091	Centers for Medicare & Medicaid Services, HHS, CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule) (May 1, 2020) (Ex. FED-091)	In force from May 8, 2020 to Sept. 30, 2021 (issued May 1, 2020)	Health care ordersOther
Ex. FED-161	CMS, Quality, Safety & Oversight Group, QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting (May 6, 2020) (Ex. FED-161)	In force from May 8, 2020 to Sept. 30, 2021 (issued May 6, 2020)	Health care ordersOther
Ex. FED-157	CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157)	In force from May 18, 2020 to Mar. 10, 2021	Capacity limitGathering capHealth care orders
Ex. FED-334	Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)	In force from May 21, 2020 to July 1, 2021	Business closureCourts and public offices
Ex. FED-165	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-165)	In force from June 1, 2020 to Mar. 30, 2023	Health care orders
Ex. FED-325	U.S. Citizenship and Immigration Services, USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4 (Ex. FED-325)	In force from June 4, 2020 to Sept. 30, 2021 (issued May 27, 2020)	Face-covering requirementCourts and public officesWorkplace rules
Ex. FED-166	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-166)	In force from Aug. 17, 2020 to May 1, 2023	Health care orders
Ex. FED-172	Wage and Hour Division, U.S. Department of Labor, Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor) (Sept. 11, 2020) (Ex. FED-172)	In force from Sept. 16, 2020 to Dec. 31, 2020 (issued Sept. 11, 2020)	Schools and child careWorkplace rulesQuarantine and isolation
Ex. FED-333	Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)	In force from Sept. 16, 2020 to July 1, 2021	Business closureCourts and public offices
Ex. FED-154	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020) (Ex. FED-154)	In force from Sept. 17, 2020 to Mar. 10, 2021	Gathering capHealth care orders
Ex. FED-030	Centers for Disease Control and Prevention, HHS, No Sail Order; Third Modification and Extension (Sept. 30, 2020) (Ex. FED-030)	In force from Sept. 30, 2020 to Oct. 31, 2020	Business closureTravel and quarantineEvents and venues
Ex. FED-010	Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)	In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)	Emergency declaration
Ex. FED-200	President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)	In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)	Travel and quarantine

120 further federal instruments were in force in this quarter and are listed in the Library's federal layer at covidproject.com/federal; this report shows the 40 most relevant to this selection.

Regulators of Physician Practices and Outpatient Care

Ex. SEC-02-037

Order of the Secretary of the Pennsylvania Department of Health Requiring Reduction of Elective Procedures in Regions with Low Acute Care Treatment Capacity

Regional Reduction of Elective Procedures

Secretary of Health Rachel Levine, M.D., Pennsylvania (State)

Dates: In force from Nov. 30, 2020 to June 10, 2021 (issued Nov. 23, 2020)
Quarters: 2020 Q42021 Q12021 Q2
Limitations: Capacity limitHealth care orders
Functions reached: PR (hospital-based procedures of practice physicians; referral flow); CB
Grade: Primary source read
Days in this quarter: 32 (in force on the last day)

Section 2: Rapid Reduction of Elective Procedures. A. Upon notice from the Department (Reduction Notice), an Acute Care Hospital located in a Region that has been determined by the Department to meet two (2) or more of the metrics under Subsection B shall reduce by fifty percent (50%) elective procedures that are scheduled to be performed at the Acute Care Hospital in the seven (7) days following the effective date of the Reduction Notice... D. A Reduction Notice shall be in effect for seven (7) days from its effective date... Section 3: Effective Date. A. This Order is effective at 12:01 a.m. on November 30, 2020

Enforcement: 35 P.S. 521.20 (summary offense)

Citation: Secretary of Health Rachel Levine, M.D, Order of the Secretary of the Pennsylvania Department of Health Requiring Reduction of Elective Procedures in Regions with Low Acute Care Treatment Capacity (Nov. 23, 2020) (Ex. SEC-02-037) Open the exhibit

Ex. SEC-02-047

Cal. Code Regs. tit. 8, sec. 3205, COVID-19 Prevention (emergency temporary standard as readopted June 17, 2021)

Cal/OSHA COVID-19 Prevention ETS

Occupational Safety and Health Standards Board (Cal/OSHA), California (State)

Dates: In force from June 17, 2021 to Jan. 14, 2022
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolation
Functions reached: OF; FD; CL; HR; WF
Grade: Primary source read
Days in this quarter: 0

(a) Scope. (1) This section applies to all employees and places of employment, with the following exceptions: (A) Work locations with one employee who does not have contact with other persons. (B) Employees working from home. (C) Employees with occupational exposure as defined by section 5199, when covered by that section. (D) Employees teleworking from a location of the employee's choice... (2) Nothing in this section is intended to limit more protective or stringent state or local health department mandates or guidance

Enforcement: Labor Code sec. 6317 et seq. citations

Citation: Occupational Safety and Health Standards Board (Cal/OSHA), Cal. Code Regs. tit. 8, sec. 3205, COVID-19 Prevention (emergency temporary standard as readopted June 17, 2021) (Ex. SEC-02-047) Open the exhibit

Ex. SEC-02-016

Executive Order GA-32

Relating to the continued response to the COVID-19 disaster as Texas reopens

Governor Greg Abbott, Texas (State)

Dates: In force from Oct. 14, 2020 to Mar. 10, 2021 (issued Oct. 7, 2020)
Quarters: 2020 Q42021 Q1
Limitations: Capacity limitGathering capAlcohol and bars
Functions reached: CB; WF; OF
Grade: Primary source read
Days in this quarter: 79 (in force on the last day)

WHEREAS, I therefore issued Executive Orders GA-30 and GA-31 on September 17, 2020, allowing additional reopening and non-essential medical surgeries and procedures in Texas, except in some areas with high hospitalizations as defined in those orders... Every business establishment in Texas shall operate at no more than 75 percent of the total listed occupancy

Enforcement: Tex. Gov't Code 418.173 (recited)

Citation: Governor Greg Abbott, Executive Order GA-32 (Oct. 7, 2020) (Ex. SEC-02-016) Open the exhibit

Continuing in force from an earlier quarter of this report (18 instruments):

Exhibit	Citation	Dates	Limitations
Ex. SEC-02-032	Governor Kate Brown, Executive Order No. 20-22 (Apr. 27, 2020) (Ex. SEC-02-032)	In force from Apr. 27, 2020 to June 30, 2021	Health care ordersWorkplace rules
Ex. SEC-02-076	Governor Jared Polis, Executive Order D 2020 045 (Apr. 26, 2020) (Ex. SEC-02-076)	In force from Apr. 27, 2020 to Oct. 18, 2020 (issued Apr. 26, 2020)	Health care ordersWorkplace rulesSupply chain
Ex. SEC-02-013	Governor Greg Abbott, Executive Order GA-19 (Apr. 27, 2020) (Ex. SEC-02-013)	In force from May 1, 2020 to Mar. 10, 2021 (issued Apr. 27, 2020)	Capacity limitHealth care ordersWorkplace rules
Ex. SEC-02-023	Governor Tim Walz, Emergency Executive Order 20-51 (May 5, 2020) (Ex. SEC-02-023)	In force from May 10, 2020 to July 1, 2021 (issued May 5, 2020)	Health care ordersWorkplace rules
Ex. SEC-02-029	Governor Jay Inslee, Proclamation 20-24.1 (May 18, 2020) (Ex. SEC-02-029)	In force from May 18, 2020 to Nov. 30, 2020	Health care ordersWorkplace rules
Ex. SEC-02-005	CMS (Secretary of HHS), COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (Mar. 30, 2020) (Ex. SEC-02-005)	In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 30, 2020)	Health care ordersOther
Ex. SEC-02-059	Governor Ned Lamont, Executive Order No. 7G (Mar. 19, 2020) (Ex. SEC-02-059)	In force from Mar. 19, 2020 to June 30, 2021	Business closureOther
Ex. SEC-02-006	CMS, CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency, 85 Fed. Reg. 19230 (Apr. 6, 2020) (Ex. SEC-02-006)	In force from Mar. 31, 2020 to Sept. 30, 2021 (issued Apr. 6, 2020)	Health care ordersOther
Ex. SEC-02-007	CMS, CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency, 85 Fed. Reg. 27550 (May 8, 2020) (Ex. SEC-02-007)	In force from May 8, 2020 to Sept. 30, 2021	Health care ordersOther
Ex. SEC-02-015	Governor Greg Abbott, Executive Order GA-31 (Sept. 17, 2020) (Ex. SEC-02-015)	In force from Sept. 17, 2020 to Mar. 10, 2021	Capacity limitHealth care orders
Ex. SEC-02-080	Department of Financial Services, Insurance Circular Letter No. 6 (2020) (Mar. 15, 2020) (Ex. SEC-02-080)	In force from Mar. 15, 2020 to June 30, 2021	Other
Ex. SEC-02-009	Substance Abuse and Mental Health Services Administration, Opioid Treatment Program guidance: blanket exception for take-home methadone doses (Mar. 16, 2020) (Ex. SEC-02-009)	In force from Mar. 16, 2020 to Sept. 30, 2021	Other
Ex. SEC-02-008	HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency, 85 Fed. Reg. 22024 (Apr. 21, 2020) (Ex. SEC-02-008)	In force from Mar. 17, 2020 to Aug. 9, 2023 (issued Apr. 21, 2020)	Other
Ex. SEC-02-050	Governor JB Pritzker, Executive Order 2020-09 (COVID-19 Executive Order No. 7) (Mar. 19, 2020) (Ex. SEC-02-050)	In force from Mar. 19, 2020 to Sept. 30, 2021	Other
Ex. SEC-02-055	Governor Mike DeWine, Executive Order 2020-05D (Mar. 19, 2020) (Ex. SEC-02-055)	In force from Mar. 19, 2020 to Sept. 30, 2021	Other
Ex. SEC-02-061	Governor Lawrence J. Hogan, Jr, Order of the Governor No. 20-04-01-01, Amending and Restating Order No. 20-03-20-01, To Further Authorize Additional Telehealth Services (Apr. 1, 2020) (Ex. SEC-02-061)	In force from Apr. 1, 2020 to July 1, 2021	Other
Ex. SEC-02-077	Governor Jared Polis, Executive Order D 2020 020 (Apr. 1, 2020) (Ex. SEC-02-077)	In force from Apr. 1, 2020 to Dec. 31, 2020	Other
Ex. SEC-02-010	FEMA, Department of Homeland Security, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use, temporary final rule, 85 Fed. Reg. 20195 (Apr. 10, 2020) (Ex. SEC-02-010)	In force from Apr. 7, 2020 to June 30, 2021 (issued Apr. 10, 2020)	Supply chain

First quarter of 2021 (Jan. 1, 2021 to Mar. 31, 2021)

Federal layer

Ex. FED-270

Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles

COVID-19 Safe Federal Workplace: Agency Model Safety Principles

Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force, United States (executive branch; all federal buildings and federal lands) (Federal)

Dates: In force from Jan. 24, 2021 to June 10, 2021
Quarters: 2021 Q12021 Q2
Limitations: Telework mandateCapacity limitFace-covering requirementTravel and quarantineWorkplace rules
Functions reached: OF federal workplaces capped at 25 percent occupancy; CS visitors to federal buildings minimized and screened; PJ on-site contractors masked and screened; TR official travel limited to mission-critical trips; MK federal attendance at meetings and events curtailed
Grade: Primary source read
Days in this quarter: 67 (in force on the last day)

agencies should immediately require masks and distancing consistent with current CDC guidance in all Federal buildings... Unless it is physically impossible or poses a threat to critical national security interests, generally speaking, occupancy in Federal workplaces should be no more than 25% of normal capacity during periods of significant or high community transmission... No Federal workplace should operate above 25% of normal occupancy standards at any given time during periods of high community prevalence or transmission.

Enforcement: EO 13991 § 2 compliance requirement for employees, on-site contractors and all persons in federal buildings; agency COVID-19 Coordination Teams

Citation: Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Jan. 24, 2021) (Ex. FED-270) Open the exhibit

Ex. FED-060

Executive Order 13991

Protecting the Federal Workforce and Requiring Mask-Wearing, 86 Fed. Reg. 7045 (Jan. 25, 2021)

President Joseph R. Biden, Jr., United States (federal buildings and lands; federal employees and on-site contractors) (Federal)

Dates: In force from Jan. 20, 2021 to May 9, 2023
Quarters: 2021 Q12021 Q22021 Q3
Limitations: Gathering capFace-covering requirementWorkplace rules
Functions reached: CS client meetings at federal sites (professional services); JS federal construction sites; DL/SV field service at federal facilities; CT federal courthouses and agency offices (masking and distancing conditions on entry); MK federally hosted meetings
Grade: Primary source read
Days in this quarter: 71 (in force on the last day)

Sec. 2. Immediate Action Regarding Federal Employees, Contractors, Buildings, and Lands. (a) The heads of executive departments and agencies (agencies) shall immediately take action, as appropriate and consistent with applicable law, to require compliance with CDC guidelines with respect to wearing masks, maintaining physical distance, and other public health measures by: on-duty or on-site Federal employees; on-site Federal contractors; and all persons in Federal buildings or on Federal lands.

Enforcement: Agency directives; contract terms; building-access conditions; created the Safer Federal Workforce Task Force (§ 4) whose July and September 2021 rules are FED-B's

Citation: President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060) Open the exhibit

Ex. FED-062

Executive Order 13999

Protecting Worker Health and Safety, 86 Fed. Reg. 7211 (Jan. 26, 2021)

President Joseph R. Biden, Jr., United States (workplaces under the OSH Act) (Federal)

Dates: In force from Jan. 21, 2021 to Sept. 30, 2021
Quarters: 2021 Q12021 Q22021 Q3
Limitations: Workplace rules
Functions reached: predicate for the OSHA layer; the ETS recites it
Grade: Primary source read
Days in this quarter: 70 (in force on the last day)

Sec. 2. Protecting Workers from COVID-19 Under the Occupational Safety and Health Act. The Secretary of Labor, acting through the Assistant Secretary of Labor for Occupational Safety and Health... shall: (a) issue, within 2 weeks of the date of this order... revised guidance to employers on workplace safety during the COVID-19 pandemic; (b) consider whether any emergency temporary standards on COVID-19, including with respect to masks in the workplace, are necessary, and if such standards are determined to be necessary, issue them by March 15, 2021; (c) review the enforcement efforts of the Occupational Safety and Health Administration (OSHA) related to COVID-19...; (d) launch a national program to focus OSHA enforcement efforts related to COVID-19 on violations that put the largest number of workers at serious risk or are contrary to anti-retaliation principles

Enforcement: Through OSHA instruments: the National Emphasis Program (FED-082, FED-083), the Healthcare ETS (FED-080) and the vaccination-or-testing ETS (FED-086, post-period)

Citation: President Joseph R. Biden, Jr, Executive Order 13999 (Jan. 21, 2021) (Ex. FED-062) Open the exhibit

Ex. FED-020

CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021)

Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021)

Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021), United States (every conveyance and transportation hub into or within the United States) (Federal)

Dates: In force from Feb. 1, 2021 to Apr. 18, 2022 (issued Jan. 29, 2021)
Quarters: 2021 Q12021 Q22021 Q3
Limitations: Face-covering requirementTravel and quarantineWorkplace rules
Functions reached: WF workforce commuting by transit, rail, bus, taxi and ride-share (every metro); TR business travel by air and rail; CB customers arriving by transit or taxi; OP operators of any conveyance or hub (transit agencies, airports, bus and ferry operators, ride-share drivers)
Grade: Primary source read
Days in this quarter: 59 (in force on the last day)

Persons must wear masks over the mouth and nose when traveling on conveyances into and within the United States. Persons must also wear masks at transportation hubs as defined in this Order.... A conveyance operator transporting persons into and within the United States must require all persons onboard to wear masks for the duration of travel.... Conveyance operators must use best efforts to ensure that any person on the conveyance wears a mask when boarding, disembarking, and for the duration of travel. Best efforts include: boarding only those persons who wear masks; instructing persons that Federal law requires wearing a mask on the conveyance and failure to comply constitutes a violation of Federal law... disembarking any person who refuses to comply

Enforcement: Criminal penalties under 18 U.S.C. §§ 3559, 3571, 42 U.S.C. § 271 and 42 C.F.R. § 70.18 ('a person violating this Order may be subject to a fine of no more than $100,000 if the violation does not result in a death... An organization violating this Order may be subject to a fine of no more than $200,000 per event'); 'This Order shall be further enforced by other federal authorities and may be…

Citation: Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021), CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021) (Jan. 29, 2021) (Ex. FED-020) Open the exhibit

Ex. FED-050

TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825

SD 1582/84-21-01, Security Measures - Mask Requirements (surface transportation)

Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator), United States (every public transportation, passenger railroad and fixed-route bus owner/operator under 49 C.F.R. §§ 1582.1(a), 1584.1) (Federal)

Dates: In force from Feb. 1, 2021 to May 11, 2021 (issued Jan. 31, 2021)
Quarters: 2021 Q12021 Q2
Limitations: Face-covering requirementTravel and quarantineWorkplace rules
Functions reached: WF workforce commuting by transit and rail in every metro; OP transit agencies and bus companies as regulated operators; CB customers arriving by transit; TR intercity rail and bus travel
Grade: Primary source read
Days in this quarter: 59 (in force on the last day)

A. Owner/Operators must notify passengers with prominent and adequate notice of the mask requirements... 1. Federal law requires wearing a mask while on the conveyance and failure to comply may result in denial of boarding or removal. 2. Refusing to wear a mask is a violation of federal law; passengers may be subject to penalties under federal law. B. Owner/Operators must require that individuals wear a mask, except as described in Sections D., E., or F., as follows: 1. Any persons in a public transportation, passenger railroad, or bus conveyance covered by this SD. 2. Any person in public areas of transportation hubs/facilities controlled by the owner/operator (such as for purposes of purchasing tickets, waiting areas, and platforms for boarding and disembarking) for the duration of travel, boarding, and disembarking.

Enforcement: Civil penalties against owner/operators under 49 U.S.C. § 114 and 49 C.F.R. part 1503; denial of boarding and removal of persons; TSA civil penalties against individuals (announced range $250 to $1,500)

Citation: Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator), TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-050) Open the exhibit

Ex. FED-053

TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825

SD 1544-21-02, Security Measures - Face Masks

Transportation Security Administration, DHS, United States (aircraft operators under 49 C.F.R. part 1544) (Federal)

Dates: In force from Feb. 1, 2021 to May 11, 2021 (issued Jan. 31, 2021)
Quarters: 2021 Q12021 Q2
Limitations: Face-covering requirementTravel and quarantineWorkplace rules
Functions reached: TR business air travel of every industry; TV/GS hotels-travel demand; OP airlines and airport tenants; WF flight crews
Grade: Primary source read
Days in this quarter: 59 (in force on the last day)

A. The aircraft operator must provide passengers with prominent and adequate notice of the mask requirements... 1. Federal law requires each person to wear a mask at all times throughout the flight, including during boarding and deplaning. 2. Refusing to wear a mask is a violation of federal law and may result in denial of boarding, removal from the aircraft, and/or penalties under federal law.... B. The aircraft operator must not board any person who is not wearing a mask, except as described in Sections D., E., and F. C. The aircraft operator must ensure that direct employees and authorized representatives wear a mask at all times while on an aircraft or in an airport location under the control of the aircraft operator

Enforcement: Civil penalties under 49 U.S.C. §§ 114, 46301; 49 C.F.R. part 1503; denial of boarding and removal

Citation: Transportation Security Administration, DHS, TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-053) Open the exhibit

Ex. FED-054

Security Directive SD 1542-21-01, Security Measures - Face Masks (airports)

SD 1542-21-01, Security Measures - Face Masks

Transportation Security Administration, DHS, United States (airport operators under 49 C.F.R. part 1542) (Federal)

Dates: In force from Feb. 1, 2021 to May 11, 2021 (issued Jan. 31, 2021)
Quarters: 2021 Q12021 Q2
Limitations: Face-covering requirementTravel and quarantineWorkplace rules
Functions reached: OP airport concessions, retailers, restaurants and car-rental tenants (EMP); TR travelers; WF airport workforces
Grade: Primary source read
Days in this quarter: 59 (in force on the last day)

B. The airport operator must require that individuals in or on the airport wear a mask, except as described in Sections D., E., and F. 1. If individuals are not wearing masks, ask them to put a mask on. 2. If individuals refuse to wear a mask in or on the airport, escort them from the airport. C. The airport operator must ensure direct employees, authorized representatives, tenants, and vendors wear a mask at all times in or on the airport

Enforcement: Civil penalties under 49 U.S.C. § 114; 49 C.F.R. part 1503; removal from the airport

Citation: Transportation Security Administration, DHS, Security Directive SD 1542-21-01, Security Measures - Face Masks (airports) (Jan. 31, 2021) (Ex. FED-054) Open the exhibit

Ex. FED-055

Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers)

EA 1546-21-01, Security Measures - Face Masks

Transportation Security Administration, DHS, United States (foreign air carriers under 49 C.F.R. part 1546) (Federal)

Dates: In force from Feb. 1, 2021 to May 11, 2021 (issued Jan. 31, 2021)
Quarters: 2021 Q12021 Q2
Limitations: Face-covering requirementTravel and quarantineWorkplace rules
Functions reached: TR international air travel; TV inbound tourism
Grade: Primary source read
Days in this quarter: 59 (in force on the last day)

NUMBER EA 1546-21-01 EFFECTIVE DATE 11:59 pm EST on February 1, 2021 EXPIRATION DATE May 11, 2021 [imposes the same mask, notice, denial-of-boarding and reporting requirements on foreign air carriers]

Enforcement: 49 U.S.C. § 114; 49 C.F.R. part 1503

Citation: Transportation Security Administration, DHS, Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers) (Jan. 31, 2021) (Ex. FED-055) Open the exhibit

Ex. FED-187

Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023)

Letter of Authorization, Janssen COVID-19 Vaccine

Food and Drug Administration, HHS, United States (Federal)

Dates: In force from Feb. 27, 2021 to June 1, 2023
Quarters: 2021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: context (the April 13-23, 2021 federal pause of the Janssen vaccine is a fact and circumstance of 2021Q2; not verified here)
Grade: Primary source read
Days in this quarter: 33 (in force on the last day)

For the February 27, 2021 authorization for individuals 18 years of age and older, FDA reviewed safety and efficacy data from an ongoing phase 3 trial which enrolled 43,783 participants... Having concluded that the criteria for issuance of this authorization under Section 564(c) of the Act are met, I am authorizing the emergency use of the Janssen COVID19 Vaccine for the prevention of COVID-19

Enforcement: Conditions of authorization

Citation: Food and Drug Administration, HHS, Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023) (Ex. FED-187) Open the exhibit

Ex. FED-155

QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19

QSO-20-39-NH (REVISED 03/10/2021)

CMS, Quality, Safety & Oversight Group, United States (Medicare and Medicaid nursing homes) (Federal)

Dates: In force from Mar. 10, 2021 to Apr. 27, 2021
Quarters: 2021 Q12021 Q2
Limitations: Gathering capHealth care orders
Functions reached: VS visitation (indoor visitation to be allowed at all times except the three limiting scenarios)
Grade: Primary source read
Days in this quarter: 22 (in force on the last day)

Enforcement: F-tag F563

Citation: CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19 (Ex. FED-155) Open the exhibit

Ex. FED-082

DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021)

DIR 2021-01 (CPL-03), National Emphasis Program - Coronavirus Disease 2019 (COVID-19)

OSHA, Directorate of Enforcement Programs, United States (OSHA-wide; targeted industries by NAICS) (Federal)

Dates: In force from Mar. 12, 2021 to July 7, 2021
Quarters: 2021 Q12021 Q22021 Q3
Limitations: Workplace rules
Functions reached: EMP/HR workplace COVID-19 controls in the targeted industries (hospitals, physician practices, dental, home care, agriculture-food processing, logistics-warehousing, retail grocery, restaurants)
Grade: Primary source read
Days in this quarter: 20 (in force on the last day)

This Direction describes policies and procedures for implementing a National Emphasis Program (NEP) to ensure that employees in high-hazard industries or work tasks are protected from the hazard of contracting SARS-CoV-2... The NEP augments OSHA's efforts addressing unprogrammed COVID-19-related activities, e.g., complaints, referrals, and severe incident reports, by adding a component to target specific high-hazard industries or activities where this hazard is prevalent. The NEP targets establishments that have workers with increased potential exposure to this hazard, and that puts the largest number of workers at serious risk.

Enforcement: Programmed OSHA inspections; citations under the general duty clause and existing standards; whistleblower referrals

Citation: OSHA, Directorate of Enforcement Programs, DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021) (Ex. FED-082) Open the exhibit

Ex. FED-280

Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions

Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions

Secretary of Defense Lloyd J. Austin III, United States (Department of Defense components worldwide) (Federal)

Dates: In force from Mar. 15, 2021 to Sept. 30, 2021
Quarters: 2021 Q12021 Q22021 Q3
Limitations: Travel and quarantineWorkplace rules
Functions reached: TV DoD official travel restricted installation by installation through 2021 Q3; CB defense contractors, hotels, conference venues and installation-town businesses dependent on DoD travel and access; MK DoD attendance at conferences and trade shows
Grade: Primary source read
Days in this quarter: 17 (in force on the last day)

Effective immediately, this memorandum cancels reference (a) through (c) and reissues travel restriction guidance for DoD Components that will remain in effect until further notice.... This guidance applies to all DoD Service members, civilian employees, dependents of Service members, and personnel whose travel is Government-funded, whether traveling domestically or internationally. Except as provided below, this travel guidance applies to all official travel, including temporary duty (TDY) travel; Government-funded leave travel; permanent duty travel... Conditions for Unrestricted Travel to DoD Installations, Facilities, and Locations... Removal of local travel restrictions; Availability of essential services...; Quality control/assurance capability for household goods packing and moving; and Favorable Health Protection Conditions (HPCON) (i.e., installations operating below HPCON C).

Enforcement: DoD directive to component heads and installation commanders

Citation: Secretary of Defense Lloyd J. Austin III, Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (Mar. 15, 2021) (Ex. FED-280) Open the exhibit

Continuing in force from an earlier quarter of this report (28 instruments):

Exhibit	Citation	Dates	Limitations
Ex. FED-268	Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas), OMB/OPM Memorandum M-20-23 (Apr. 20, 2020) (Ex. FED-268)	In force from Apr. 20, 2020 to June 10, 2021	Telework mandateWorkplace rules
Ex. FED-168	CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168)	In force from Aug. 26, 2020 to Sept. 23, 2022	Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-092	Centers for Medicare & Medicaid Services, HHS, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-092)	In force from Sept. 2, 2020 to May 11, 2023	Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-180	Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)	In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)	Emergency declarationHealth care orders
Ex. FED-181	Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)	In force from Feb. 4, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-160	Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)	In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)	Health care ordersOther
Ex. FED-096	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)	In force from Mar. 4, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-098	CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)	In force from Mar. 10, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-290	Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)	In force from Mar. 12, 2020 to Sept. 30, 2021	Business closureCourts and public offices
Ex. FED-194	HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)	In force from Mar. 17, 2020 to May 11, 2023	Health care ordersOther
Ex. FED-099	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099)	In force from Mar. 23, 2020 to May 1, 2023	Health care ordersCourts and public offices
Ex. FED-184	Secretary of Health and Human Services, Emergency Use Authorization Declaration: drugs and biological products (Mar. 27, 2020) (Ex. FED-184)	In force from Mar. 27, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-090	Centers for Medicare & Medicaid Services, HHS, CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with comment period) (Mar. 30, 2020) (Ex. FED-090)	In force from Mar. 31, 2020 to May 11, 2023 (issued Mar. 30, 2020)	Health care ordersOther
Ex. FED-073	President Donald J. Trump, Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020) (Ex. FED-073)	In force from Apr. 28, 2020 to Apr. 10, 2023	Workplace rulesSupply chain
Ex. FED-091	Centers for Medicare & Medicaid Services, HHS, CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule) (May 1, 2020) (Ex. FED-091)	In force from May 8, 2020 to Sept. 30, 2021 (issued May 1, 2020)	Health care ordersOther
Ex. FED-161	CMS, Quality, Safety & Oversight Group, QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting (May 6, 2020) (Ex. FED-161)	In force from May 8, 2020 to Sept. 30, 2021 (issued May 6, 2020)	Health care ordersOther
Ex. FED-157	CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157)	In force from May 18, 2020 to Mar. 10, 2021	Capacity limitGathering capHealth care orders
Ex. FED-334	Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)	In force from May 21, 2020 to July 1, 2021	Business closureCourts and public offices
Ex. FED-165	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-165)	In force from June 1, 2020 to Mar. 30, 2023	Health care orders
Ex. FED-325	U.S. Citizenship and Immigration Services, USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4 (Ex. FED-325)	In force from June 4, 2020 to Sept. 30, 2021 (issued May 27, 2020)	Face-covering requirementCourts and public officesWorkplace rules
Ex. FED-166	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-166)	In force from Aug. 17, 2020 to May 1, 2023	Health care orders
Ex. FED-333	Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)	In force from Sept. 16, 2020 to July 1, 2021	Business closureCourts and public offices
Ex. FED-154	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020) (Ex. FED-154)	In force from Sept. 17, 2020 to Mar. 10, 2021	Gathering capHealth care orders
Ex. FED-031	Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)	In force from Oct. 30, 2020 to Nov. 1, 2021	Capacity limitTravel and quarantineEvents and venuesWorkplace rules
Ex. FED-093	Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor), CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP maintenance-of-effort conditions); vaccine coverage (Nov. 2, 2020) (Ex. FED-093)	In force from Nov. 2, 2020 to Sept. 30, 2021	Health care ordersOther
Ex. FED-303	Chief Judge Freda L. Wolfson, Standing Order 20-17 (Nov. 25, 2020) (Ex. FED-303)	In force from Nov. 25, 2020 to Sept. 30, 2021	Business closureCourts and public offices
Ex. FED-185	Food and Drug Administration, HHS (Center for Biologics Evaluation and Research), Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter) (Ex. FED-185)	In force from Dec. 11, 2020 to Aug. 23, 2021	Health care ordersOther
Ex. FED-186	Food and Drug Administration, HHS, Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter) (Ex. FED-186)	In force from Dec. 18, 2020 to Jan. 31, 2022	Health care ordersOther

135 further federal instruments were in force in this quarter and are listed in the Library's federal layer at covidproject.com/federal; this report shows the 40 most relevant to this selection.

Regulators of Physician Practices and Outpatient Care

Continuing in force from an earlier quarter of this report (18 instruments):

Exhibit	Citation	Dates	Limitations
Ex. SEC-02-032	Governor Kate Brown, Executive Order No. 20-22 (Apr. 27, 2020) (Ex. SEC-02-032)	In force from Apr. 27, 2020 to June 30, 2021	Health care ordersWorkplace rules
Ex. SEC-02-013	Governor Greg Abbott, Executive Order GA-19 (Apr. 27, 2020) (Ex. SEC-02-013)	In force from May 1, 2020 to Mar. 10, 2021 (issued Apr. 27, 2020)	Capacity limitHealth care ordersWorkplace rules
Ex. SEC-02-023	Governor Tim Walz, Emergency Executive Order 20-51 (May 5, 2020) (Ex. SEC-02-023)	In force from May 10, 2020 to July 1, 2021 (issued May 5, 2020)	Health care ordersWorkplace rules
Ex. SEC-02-005	CMS (Secretary of HHS), COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (Mar. 30, 2020) (Ex. SEC-02-005)	In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 30, 2020)	Health care ordersOther
Ex. SEC-02-059	Governor Ned Lamont, Executive Order No. 7G (Mar. 19, 2020) (Ex. SEC-02-059)	In force from Mar. 19, 2020 to June 30, 2021	Business closureOther
Ex. SEC-02-006	CMS, CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency, 85 Fed. Reg. 19230 (Apr. 6, 2020) (Ex. SEC-02-006)	In force from Mar. 31, 2020 to Sept. 30, 2021 (issued Apr. 6, 2020)	Health care ordersOther
Ex. SEC-02-007	CMS, CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency, 85 Fed. Reg. 27550 (May 8, 2020) (Ex. SEC-02-007)	In force from May 8, 2020 to Sept. 30, 2021	Health care ordersOther
Ex. SEC-02-015	Governor Greg Abbott, Executive Order GA-31 (Sept. 17, 2020) (Ex. SEC-02-015)	In force from Sept. 17, 2020 to Mar. 10, 2021	Capacity limitHealth care orders
Ex. SEC-02-037	Secretary of Health Rachel Levine, M.D, Order of the Secretary of the Pennsylvania Department of Health Requiring Reduction of Elective Procedures in Regions with Low Acute Care Treatment Capacity (Nov. 23, 2020) (Ex. SEC-02-037)	In force from Nov. 30, 2020 to June 10, 2021 (issued Nov. 23, 2020)	Capacity limitHealth care orders
Ex. SEC-02-047	Occupational Safety and Health Standards Board (Cal/OSHA), Cal. Code Regs. tit. 8, sec. 3205, COVID-19 Prevention (emergency temporary standard as readopted June 17, 2021) (Ex. SEC-02-047)	In force from June 17, 2021 to Jan. 14, 2022	Face-covering requirementWorkplace rulesQuarantine and isolation
Ex. SEC-02-080	Department of Financial Services, Insurance Circular Letter No. 6 (2020) (Mar. 15, 2020) (Ex. SEC-02-080)	In force from Mar. 15, 2020 to June 30, 2021	Other
Ex. SEC-02-009	Substance Abuse and Mental Health Services Administration, Opioid Treatment Program guidance: blanket exception for take-home methadone doses (Mar. 16, 2020) (Ex. SEC-02-009)	In force from Mar. 16, 2020 to Sept. 30, 2021	Other
Ex. SEC-02-008	HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency, 85 Fed. Reg. 22024 (Apr. 21, 2020) (Ex. SEC-02-008)	In force from Mar. 17, 2020 to Aug. 9, 2023 (issued Apr. 21, 2020)	Other
Ex. SEC-02-050	Governor JB Pritzker, Executive Order 2020-09 (COVID-19 Executive Order No. 7) (Mar. 19, 2020) (Ex. SEC-02-050)	In force from Mar. 19, 2020 to Sept. 30, 2021	Other
Ex. SEC-02-055	Governor Mike DeWine, Executive Order 2020-05D (Mar. 19, 2020) (Ex. SEC-02-055)	In force from Mar. 19, 2020 to Sept. 30, 2021	Other
Ex. SEC-02-061	Governor Lawrence J. Hogan, Jr, Order of the Governor No. 20-04-01-01, Amending and Restating Order No. 20-03-20-01, To Further Authorize Additional Telehealth Services (Apr. 1, 2020) (Ex. SEC-02-061)	In force from Apr. 1, 2020 to July 1, 2021	Other
Ex. SEC-02-010	FEMA, Department of Homeland Security, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use, temporary final rule, 85 Fed. Reg. 20195 (Apr. 10, 2020) (Ex. SEC-02-010)	In force from Apr. 7, 2020 to June 30, 2021 (issued Apr. 10, 2020)	Supply chain
Ex. SEC-02-016	Governor Greg Abbott, Executive Order GA-32 (Oct. 7, 2020) (Ex. SEC-02-016)	In force from Oct. 14, 2020 to Mar. 10, 2021 (issued Oct. 7, 2020)	Capacity limitGathering capAlcohol and bars

Second quarter of 2021 (Apr. 1, 2021 to June 30, 2021)

Federal layer

Ex. FED-156

QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3)

QSO-20-39-NH, Nursing Home Visitation - COVID-19 (REVISED 04/27/2021)

CMS, Quality, Safety & Oversight Group, United States (Medicare and Medicaid nursing homes) (Federal)

Dates: In force from Apr. 27, 2021 to Nov. 12, 2021
Quarters: 2021 Q22021 Q3
Limitations: Gathering capFace-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Functions reached: VS visitation and access (home-care-senior-living; hospice; clergy CR; families); IC screening and masking of every entrant regardless of vaccination; DN communal dining and activities (conducted under the core principles); HR/WF and vendor access (staffing PL; personal services SL in-facility salons; physician CL on-site visits); RS cohorting and quarantine
Grade: Primary source read
Days in this quarter: 65 (in force on the last day)

Core Principles of COVID-19 Infection Prevention: Screening of all who enter the facility for signs and symptoms of COVID-19 (e.g., temperature checks, questions about and observations of signs or symptoms), and denial of entry of those with signs or symptoms or those who have had close contact with someone with COVID-19 infection in the prior 14 days (regardless of the visitor's vaccination status)... Face covering or mask (covering mouth and nose) and social distancing at least six feet between persons, in accordance with CDC guidance... Resident and staff testing conducted as required at 42 CFR § 483.80(h) (see QSO-20-38-NH Revised). These core principles are consistent with the Centers for Disease Control and Prevention (CDC) guidance for nursing homes, and should be adhered to at all times.... Facilities should allow indoor visitation at all times and for all residents (regardless…

Enforcement: Survey enforcement under F563 (visitation) and F880 (infection control); civil money penalties

Citation: CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3) (Ex. FED-156) Open the exhibit

Ex. FED-094

CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH

Medicare and Medicaid Programs; COVID-19 Vaccine Requirements for Long-Term Care (LTC) Facilities and Intermediate Care Facilities for Individuals With Intellectual Disabilities (ICFs-IID) Residents, Clients, and Staff, 86 Fed. Reg. 26306 (May 13, 2021)

Centers for Medicare & Medicaid Services, HHS, United States (Medicare and Medicaid LTC facilities and ICFs-IID) (Federal)

Dates: In force from May 21, 2021 to Sept. 30, 2021 (issued May 13, 2021)
Quarters: 2021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: RS/IC nursing homes (home-care-senior-living); HR/WF of nursing homes and their contractors (staffing PL; hospice HC; therapy providers); OF reporting
Grade: Primary source read
Days in this quarter: 41 (in force on the last day)

With this IFC, we are amending the requirements at § 483.80 to add a new paragraph (d)(3). We require at new § 483.80(d)(3)(i) that LTC facilities develop and implement policies and procedures to ensure that they offer residents and staff vaccination against COVID-19 when vaccine supplies are available.... Any of these individuals who provide services on-site at least weekly would be included in 'staff' who must be educated and offered the vaccine as it becomes available.... DATES: These regulations are effective on May 21, 2021.

Enforcement: F-tag F887 (education and offering); F884 (reporting); civil money penalties

Citation: Centers for Medicare & Medicaid Services, HHS, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (Ex. FED-094) Open the exhibit

Ex. FED-163

CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH

QSO-21-19-NH

CMS, Quality, Safety & Oversight Group, United States (Medicare and Medicaid LTC facilities) (Federal)

Dates: In force from May 21, 2021 to Sept. 30, 2021 (issued May 11, 2021)
Quarters: 2021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: RS/IC; HR/WF (education and offering to all staff including contract staff); OF reporting
Grade: Primary source read
Days in this quarter: 41 (in force on the last day)

On May 11, 2021, CMS published an interim final rule with comment period (IFC). This rule establishes Long-Term Care (LTC) Facility Vaccine Immunization Requirements for Residents and Staff. This includes new requirements for educating residents or resident representatives and staff regarding the benefits and potential side effects associated with the COVID-19 vaccine, and offering the vaccine. Furthermore, LTC facilities must report COVID-19 vaccine and therapeutics treatment information to the Centers for Disease Control and Prevention's (CDC) National Healthcare Safety Network (NHSN).... Noncompliance related to the new requirements for educating and offering COVID-19 vaccination to residents and staff will be cited at F-tag 887, and noncompliance related to COVID-19 vaccination reporting will be cited at F-tag 884.

Enforcement: F-tags F887 and F884; civil money penalties

Citation: CMS, Quality, Safety & Oversight Group, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (May 11, 2021) (Ex. FED-163) Open the exhibit

Ex. FED-271

OMB Memorandum M-21-25

Integrating Planning for A Safe Increased Return of Federal Employees and Contractors to Physical Workplaces with Post-Reentry Personnel Policies and Work Environment

Office of Management and Budget, Office of Personnel Management and General Services Administration, United States (executive branch) (Federal)

Dates: In force from June 10, 2021 to Sept. 30, 2021
Quarters: 2021 Q22021 Q3
Limitations: Telework mandateFace-covering requirementWorkplace rules
Functions reached: OF federal reentry planned, not executed, in 2021 Q3 (plans due July 19; 30-day notice; the July 27 Delta-wave mask reinstatement followed); CS federal offices remained largely remote through Sept. 30, 2021; PJ contractor reentry
Grade: Primary source read
Days in this quarter: 21 (in force on the last day)

This memorandum rescinds OMB Memorandum M-20-23, Aligning Federal Agency Operations with the National Guidelines for Opening Up America Again (April 20, 2020)... B. Occupancy in Federal workplaces. The occupancy requirements set forth in M-21-15 are no longer in effect, although other aspects of M-21-15 remain in effect pursuant to current Safer Federal Workforce Task Force guidance... Agencies may establish occupancy limits for... the number of employees or contractors in the physical workplace...

Enforcement: OMB/OPM/GSA directive; Task Force guidance

Citation: Office of Management and Budget, Office of Personnel Management and General Services Administration, OMB Memorandum M-21-25 (June 10, 2021) (Ex. FED-271) Open the exhibit

Ex. FED-080

Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021)

Occupational Exposure to COVID-19; Emergency Temporary Standard, 86 Fed. Reg. 32376 (June 21, 2021)

Occupational Safety and Health Administration, U.S. Department of Labor, United States (every setting 'where any employee provides healthcare services or healthcare support services'; federal OSHA States directly, State-plan States through adoption within 30 days) (Federal)

Dates: In force from June 21, 2021 to Dec. 27, 2021
Quarters: 2021 Q22021 Q3
Limitations: Capacity limitFace-covering requirementHealth care ordersWorkplace rulesVaccination or testingQuarantine and isolation
Functions reached: IC infection control (hospitals, physician practices, dental, home care); ED/CL intake and waiting rooms (entry limits, screening, triage); SX/PR procedures (aerosol-generating procedure rules, § 1910.502(g)); VS visitation and access (non-employee screening); HR/WF (daily employee screening; medical removal; paid vaccination leave); OF administration (written plan, safety coordinator, recordkeeping); SC PPE (respirators for exposure to suspected or confirmed COVID-19)
Grade: Primary source read
Days in this quarter: 10 (in force on the last day)

§ 1910.502(a)(1): 'Except as otherwise provided in this paragraph, this section applies to all settings where any employee provides healthcare services or healthcare support services.' (a)(2): 'This section does not apply to the following: (i) The provision of first aid by an employee who is not a licensed healthcare provider; (ii) The dispensing of prescriptions by pharmacists in retail settings; (iii) Non-hospital ambulatory care settings where all non-employees are screened prior to entry and people with suspected or confirmed COVID-19 are not permitted to enter those settings; (iv) Well-defined hospital ambulatory care settings where all employees are fully vaccinated and all non-employees are screened prior to entry and people with suspected or confirmed COVID-19 are not permitted to enter those settings; (v) Home healthcare settings where all employees are fully vaccinated and all…

Enforcement: Citations and civil penalties under OSH Act §§ 9, 17 (29 U.S.C. §§ 658, 666); inspection procedures DIR 2021-02 (FED-081); § 11(c) and § 1910.502(o) anti-retaliation

Citation: Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080) Open the exhibit

Ex. FED-081

DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021)

DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 Emergency Temporary Standard

OSHA, Directorate of Enforcement Programs, United States (OSHA-wide) (Federal)

Dates: In force from June 28, 2021 to Dec. 27, 2021
Quarters: 2021 Q22021 Q3
Limitations: Health care ordersWorkplace rules
Functions reached: IC, OF, HR/WF of every covered healthcare setting (the enforcement machinery in force on every day of 2021Q3)
Grade: Primary source read
Days in this quarter: 3 (in force on the last day)

This Direction establishes inspection procedures and enforcement policies for the COVID-19 Emergency Temporary Standard, 29 CFR § 1910.502, and 29 CFR § 1910.504. This Direction applies OSHA-wide. [References:] Presidential Executive Order on Protecting Worker Health and Safety, January 21, 2021.

Enforcement: Governs the issuance of citations and penalties under the ETS

Citation: OSHA, Directorate of Enforcement Programs, DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021) (Ex. FED-081) Open the exhibit

Continuing in force from an earlier quarter of this report (34 instruments):

Exhibit	Citation	Dates	Limitations
Ex. FED-268	Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas), OMB/OPM Memorandum M-20-23 (Apr. 20, 2020) (Ex. FED-268)	In force from Apr. 20, 2020 to June 10, 2021	Telework mandateWorkplace rules
Ex. FED-168	CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168)	In force from Aug. 26, 2020 to Sept. 23, 2022	Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-092	Centers for Medicare & Medicaid Services, HHS, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-092)	In force from Sept. 2, 2020 to May 11, 2023	Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-270	Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Jan. 24, 2021) (Ex. FED-270)	In force from Jan. 24, 2021 to June 10, 2021	Telework mandateCapacity limitFace-covering requirementTravel and quarantineWorkplace rules
Ex. FED-180	Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)	In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)	Emergency declarationHealth care orders
Ex. FED-181	Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)	In force from Feb. 4, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-160	Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)	In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)	Health care ordersOther
Ex. FED-096	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)	In force from Mar. 4, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-098	CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)	In force from Mar. 10, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-290	Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)	In force from Mar. 12, 2020 to Sept. 30, 2021	Business closureCourts and public offices
Ex. FED-194	HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)	In force from Mar. 17, 2020 to May 11, 2023	Health care ordersOther
Ex. FED-099	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099)	In force from Mar. 23, 2020 to May 1, 2023	Health care ordersCourts and public offices
Ex. FED-184	Secretary of Health and Human Services, Emergency Use Authorization Declaration: drugs and biological products (Mar. 27, 2020) (Ex. FED-184)	In force from Mar. 27, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-090	Centers for Medicare & Medicaid Services, HHS, CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with comment period) (Mar. 30, 2020) (Ex. FED-090)	In force from Mar. 31, 2020 to May 11, 2023 (issued Mar. 30, 2020)	Health care ordersOther
Ex. FED-073	President Donald J. Trump, Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020) (Ex. FED-073)	In force from Apr. 28, 2020 to Apr. 10, 2023	Workplace rulesSupply chain
Ex. FED-091	Centers for Medicare & Medicaid Services, HHS, CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule) (May 1, 2020) (Ex. FED-091)	In force from May 8, 2020 to Sept. 30, 2021 (issued May 1, 2020)	Health care ordersOther
Ex. FED-161	CMS, Quality, Safety & Oversight Group, QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting (May 6, 2020) (Ex. FED-161)	In force from May 8, 2020 to Sept. 30, 2021 (issued May 6, 2020)	Health care ordersOther
Ex. FED-334	Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)	In force from May 21, 2020 to July 1, 2021	Business closureCourts and public offices
Ex. FED-165	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-165)	In force from June 1, 2020 to Mar. 30, 2023	Health care orders
Ex. FED-325	U.S. Citizenship and Immigration Services, USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4 (Ex. FED-325)	In force from June 4, 2020 to Sept. 30, 2021 (issued May 27, 2020)	Face-covering requirementCourts and public officesWorkplace rules
Ex. FED-166	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-166)	In force from Aug. 17, 2020 to May 1, 2023	Health care orders
Ex. FED-333	Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)	In force from Sept. 16, 2020 to July 1, 2021	Business closureCourts and public offices
Ex. FED-031	Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)	In force from Oct. 30, 2020 to Nov. 1, 2021	Capacity limitTravel and quarantineEvents and venuesWorkplace rules
Ex. FED-093	Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor), CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP maintenance-of-effort conditions); vaccine coverage (Nov. 2, 2020) (Ex. FED-093)	In force from Nov. 2, 2020 to Sept. 30, 2021	Health care ordersOther
Ex. FED-185	Food and Drug Administration, HHS (Center for Biologics Evaluation and Research), Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter) (Ex. FED-185)	In force from Dec. 11, 2020 to Aug. 23, 2021	Health care ordersOther
Ex. FED-186	Food and Drug Administration, HHS, Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter) (Ex. FED-186)	In force from Dec. 18, 2020 to Jan. 31, 2022	Health care ordersOther
Ex. FED-060	President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)	In force from Jan. 20, 2021 to May 9, 2023	Gathering capFace-covering requirementWorkplace rules
Ex. FED-062	President Joseph R. Biden, Jr, Executive Order 13999 (Jan. 21, 2021) (Ex. FED-062)	In force from Jan. 21, 2021 to Sept. 30, 2021	Workplace rules
Ex. FED-020	Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021), CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021) (Jan. 29, 2021) (Ex. FED-020)	In force from Feb. 1, 2021 to Apr. 18, 2022 (issued Jan. 29, 2021)	Face-covering requirementTravel and quarantineWorkplace rules
Ex. FED-050	Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator), TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-050)	In force from Feb. 1, 2021 to May 11, 2021 (issued Jan. 31, 2021)	Face-covering requirementTravel and quarantineWorkplace rules
Ex. FED-053	Transportation Security Administration, DHS, TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-053)	In force from Feb. 1, 2021 to May 11, 2021 (issued Jan. 31, 2021)	Face-covering requirementTravel and quarantineWorkplace rules
Ex. FED-054	Transportation Security Administration, DHS, Security Directive SD 1542-21-01, Security Measures - Face Masks (airports) (Jan. 31, 2021) (Ex. FED-054)	In force from Feb. 1, 2021 to May 11, 2021 (issued Jan. 31, 2021)	Face-covering requirementTravel and quarantineWorkplace rules
Ex. FED-055	Transportation Security Administration, DHS, Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers) (Jan. 31, 2021) (Ex. FED-055)	In force from Feb. 1, 2021 to May 11, 2021 (issued Jan. 31, 2021)	Face-covering requirementTravel and quarantineWorkplace rules
Ex. FED-187	Food and Drug Administration, HHS, Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023) (Ex. FED-187)	In force from Feb. 27, 2021 to June 1, 2023	Health care ordersOther

125 further federal instruments were in force in this quarter and are listed in the Library's federal layer at covidproject.com/federal; this report shows the 40 most relevant to this selection.

Regulators of Physician Practices and Outpatient Care

Ex. SEC-02-001

COVID-19 Healthcare Emergency Temporary Standard, 29 C.F.R. 1910.502 (with 1910.504, 1910.505, 1910.509)

Occupational Exposure to COVID-19; Emergency Temporary Standard, 86 Fed. Reg. 32376

Occupational Safety and Health Administration, U.S. Department of Labor, United States (Federal)

Dates: In force from June 21, 2021 to Dec. 27, 2021
Quarters: 2021 Q22021 Q3
Limitations: Face-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Functions reached: CL intake screening, barriers, distancing, masking; PR aerosol-generating procedures and PPE; DX; FD reception barriers and screening; OF written plan, recordkeeping, reporting; SC PPE and respirators; HR training, vaccination leave; WF medical removal of exposed staff
Grade: Primary source read
Days in this quarter: 10 (in force on the last day)

1910.502(a)(1): This section applies to all settings where any employee provides healthcare services or healthcare support services. (a)(2): This section does not apply to the following:... (iv) Non-hospital ambulatory care settings where all non-employees are screened prior to entry and people with suspected or confirmed COVID-19 are not permitted to enter those settings... (c) COVID-19 plan... (d) Patient screening and management... (f) Personal protective equipment... (h) Physical distancing... (i) Physical barriers... (l) Health screening and medical management [medical removal protection benefits]... (m) Vaccination [paid leave]... (n) Training

Enforcement: 29 U.S.C. 666 civil penalties; OSHA inspection under the National Emphasis Program (DIR 2021-03)

Citation: Occupational Safety and Health Administration, U.S. Department of Labor, COVID-19 Healthcare Emergency Temporary Standard, 29 C.F.R. 1910.502 (with 1910.504, 1910.505, 1910.509) (June 21, 2021) (Ex. SEC-02-001) Open the exhibit

Ex. SEC-02-073

State Public Health Officer Order of June 11, 2021 (Beyond the Blueprint)

Beyond the Blueprint order: face-covering guidance, mega-events and school guidance made mandatory

State Public Health Officer, CDPH, California (State)

Dates: In force from June 15, 2021 to Feb. 28, 2022 (issued June 11, 2021)
Quarters: 2021 Q22021 Q3
Limitations: Gathering capFace-covering requirement
Functions reached: CL; FD; WF; CB
Grade: Primary source read
Days in this quarter: 16 (in force on the last day)

I, as State Public Health Officer of the State of California, order: 1. All individuals must follow the requirements in the Guidance for the Use of Face Coverings issued by the California Department of Public Health... 5. This Order supersedes the August 28, 2020, State Public Health Officer Order, the July 13, 2020, State Public Health Officer Order, the May 7, 2020, State Public Health Officer Order, and the March 19, 2020, State Public Health Officer Order. 6. This Order goes into effect on June 15, 2021, at 12:01 a.m.

Enforcement: Health and Safety Code sec. 120275 et seq.

Citation: State Public Health Officer, CDPH, State Public Health Officer Order of June 11, 2021 (Beyond the Blueprint) (Ex. SEC-02-073) Open the exhibit

Continuing in force from an earlier quarter of this report (15 instruments):

Exhibit	Citation	Dates	Limitations
Ex. SEC-02-032	Governor Kate Brown, Executive Order No. 20-22 (Apr. 27, 2020) (Ex. SEC-02-032)	In force from Apr. 27, 2020 to June 30, 2021	Health care ordersWorkplace rules
Ex. SEC-02-023	Governor Tim Walz, Emergency Executive Order 20-51 (May 5, 2020) (Ex. SEC-02-023)	In force from May 10, 2020 to July 1, 2021 (issued May 5, 2020)	Health care ordersWorkplace rules
Ex. SEC-02-005	CMS (Secretary of HHS), COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (Mar. 30, 2020) (Ex. SEC-02-005)	In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 30, 2020)	Health care ordersOther
Ex. SEC-02-059	Governor Ned Lamont, Executive Order No. 7G (Mar. 19, 2020) (Ex. SEC-02-059)	In force from Mar. 19, 2020 to June 30, 2021	Business closureOther
Ex. SEC-02-006	CMS, CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency, 85 Fed. Reg. 19230 (Apr. 6, 2020) (Ex. SEC-02-006)	In force from Mar. 31, 2020 to Sept. 30, 2021 (issued Apr. 6, 2020)	Health care ordersOther
Ex. SEC-02-007	CMS, CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency, 85 Fed. Reg. 27550 (May 8, 2020) (Ex. SEC-02-007)	In force from May 8, 2020 to Sept. 30, 2021	Health care ordersOther
Ex. SEC-02-037	Secretary of Health Rachel Levine, M.D, Order of the Secretary of the Pennsylvania Department of Health Requiring Reduction of Elective Procedures in Regions with Low Acute Care Treatment Capacity (Nov. 23, 2020) (Ex. SEC-02-037)	In force from Nov. 30, 2020 to June 10, 2021 (issued Nov. 23, 2020)	Capacity limitHealth care orders
Ex. SEC-02-047	Occupational Safety and Health Standards Board (Cal/OSHA), Cal. Code Regs. tit. 8, sec. 3205, COVID-19 Prevention (emergency temporary standard as readopted June 17, 2021) (Ex. SEC-02-047)	In force from June 17, 2021 to Jan. 14, 2022	Face-covering requirementWorkplace rulesQuarantine and isolation
Ex. SEC-02-080	Department of Financial Services, Insurance Circular Letter No. 6 (2020) (Mar. 15, 2020) (Ex. SEC-02-080)	In force from Mar. 15, 2020 to June 30, 2021	Other
Ex. SEC-02-009	Substance Abuse and Mental Health Services Administration, Opioid Treatment Program guidance: blanket exception for take-home methadone doses (Mar. 16, 2020) (Ex. SEC-02-009)	In force from Mar. 16, 2020 to Sept. 30, 2021	Other
Ex. SEC-02-008	HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency, 85 Fed. Reg. 22024 (Apr. 21, 2020) (Ex. SEC-02-008)	In force from Mar. 17, 2020 to Aug. 9, 2023 (issued Apr. 21, 2020)	Other
Ex. SEC-02-050	Governor JB Pritzker, Executive Order 2020-09 (COVID-19 Executive Order No. 7) (Mar. 19, 2020) (Ex. SEC-02-050)	In force from Mar. 19, 2020 to Sept. 30, 2021	Other
Ex. SEC-02-055	Governor Mike DeWine, Executive Order 2020-05D (Mar. 19, 2020) (Ex. SEC-02-055)	In force from Mar. 19, 2020 to Sept. 30, 2021	Other
Ex. SEC-02-061	Governor Lawrence J. Hogan, Jr, Order of the Governor No. 20-04-01-01, Amending and Restating Order No. 20-03-20-01, To Further Authorize Additional Telehealth Services (Apr. 1, 2020) (Ex. SEC-02-061)	In force from Apr. 1, 2020 to July 1, 2021	Other
Ex. SEC-02-010	FEMA, Department of Homeland Security, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use, temporary final rule, 85 Fed. Reg. 20195 (Apr. 10, 2020) (Ex. SEC-02-010)	In force from Apr. 7, 2020 to June 30, 2021 (issued Apr. 10, 2020)	Supply chain

Third quarter of 2021 (July 1, 2021 to Sept. 30, 2021)

Federal layer

Ex. FED-083

DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021)

DIR 2021-03 (CPL 03), Revised National Emphasis Program - Coronavirus Disease 2019 (COVID-19)

OSHA, Directorate of Enforcement Programs, United States (OSHA-wide) (Federal)

Dates: In force from July 7, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rules
Functions reached: EMP/HR/IC in the targeted industries throughout 2021Q3
Grade: Primary source read
Days in this quarter: 86 (in force on the last day)

This revised Direction describes policies and procedures for implementing a National Emphasis Program (NEP) to ensure that employees in high-hazard industries or work tasks are protected from the hazard of contracting SARS-CoV-2... The NEP targets establishments that have workers with increased potential exposure to this hazard, and that puts the largest number of workers at serious risk. In addition, this NEP includes an added focus to ensure that workers are protected from retaliation... This Direction applies OSHA-wide. [References:] Presidential Executive Order on Protecting Worker Health and Safety, January 21, 2021.

Enforcement: Programmed inspections; ETS citations per DIR 2021-02 in covered healthcare settings; general duty clause elsewhere

Citation: OSHA, Directorate of Enforcement Programs, DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021) (Ex. FED-083) Open the exhibit

Ex. FED-032

Notice: Conditional Sailing Order Technical Instructions and Operations Manual

Conditional Sailing Order Technical Instructions and Operations Manual, 86 Fed. Reg. 24865 (May 10, 2021)

Centers for Disease Control and Prevention, HHS, United States (Federal)

Dates: In force from May 5, 2021 to Sept. 30, 2021
Quarters: 2021 Q22021 Q3
Limitations: Capacity limitTravel and quarantineWorkplace rulesVaccination or testing
Functions reached: TV; GS; CB; SC
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

[notice of the technical instructions implementing the CSO's phases: port agreements, simulated voyages, COVID-19 Conditional Sailing Certificates, testing and vaccination thresholds for restricted revenue voyages]

Enforcement: as for FED-031

Citation: Centers for Disease Control and Prevention, HHS, Notice: Conditional Sailing Order Technical Instructions and Operations Manual (May 5, 2021) (Ex. FED-032) Open the exhibit

Ex. FED-051

Security Directive SD 1582/84-21-01A, Security Measures - Mask Requirements

SD 1582/84-21-01A, Security Measures - Mask Requirements (cancels and supersedes SD 1582/84-21-01)

Transportation Security Administration, DHS, United States (surface transportation owner/operators) (Federal)

Dates: In force from May 12, 2021 to Sept. 13, 2021 (issued Apr. 30, 2021)
Quarters: 2021 Q22021 Q3
Limitations: Face-covering requirementTravel and quarantineWorkplace rules
Functions reached: WF; OP; CB; TR
Grade: Primary source read
Days in this quarter: 75 (in force on the first day)

NUMBER SD 1582/84-21-01A... EFFECTIVE DATE May 12, 2021 EXPIRATION DATE September 13, 2021 CANCELS AND SUPERSEDES SD 1582/84-21-01 APPLICABILITY Each owner/operator identified in 49 CFR 1582.1(a); each owner/operator identified in 49 CFR 1584.1 that provides fixed-route service as defined in 49 CFR 1500.3... The requirements in this SD must be applied to all persons in or on one of the conveyances or a transportation facility used by one of the modes identified above, including those already vaccinated.... B. Owner/Operators must require that individuals wear a mask, except as described in Sections D., E., or F.

Enforcement: as for FED-050

Citation: Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01A, Security Measures - Mask Requirements (Apr. 30, 2021) (Ex. FED-051) Open the exhibit

Ex. FED-297

Amended General Order 21-0006 (May 26, 2021)

In re: Plan for the Safe Resumption of Jury Trials and Court Operations (Amended May 26, 2021)

Chief Judge Rebecca R. Pallmeyer (Executive Committee), United States District Court for the Northern District of Illinois (Court)

Dates: In force from May 26, 2021 to Sept. 15, 2021
Quarters: 2021 Q22021 Q3
Limitations: Courts and public officesWorkplace rulesVaccination or testing
Functions reached: CT jury trials resumed under a written plan with testing and vaccination conditions; in force July 1 - Sept. 15, 2021; HR federal courthouse workforce vaccination-or-testing condition (a Q3 2021 VAX instrument)
Grade: Primary source read
Days in this quarter: 77 (in force on the first day)

On February 17, 2021, General Order 21-0006 was entered by the Court to address [the resumption of jury trials]... It is, therefore, hereby ORDERED:... 2. Because the testing protocol will be fully effective only if all employees participate, it is also hereby ORDERED that all employees, contractors, and staff of all agencies and court units at the Dirksen and Roszkowski Courthouses participate in this program. Specifically, all employees who report to work at either of these Courthouses will be vaccinated, as defined by the CDC [or tested]...

Enforcement: court order to all court units and agencies in the courthouses

Citation: Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (May 26, 2021) (Ex. FED-297) Open the exhibit

Ex. FED-337

General Order 78

In re: Update to Court Operations in Light of California's Reopening

Chief Judge Richard Seeborg, United States District Court for the Northern District of California (Court)

Dates: In force from July 1, 2021 to Oct. 15, 2021 (issued June 23, 2021)
Quarters: 2021 Q3
Limitations: Courts and public officesWorkplace rules
Functions reached: CT the N.D. Cal. Q3 2021 instrument: general-access restrictions abrogated July 1, 2021, but safety protocols, remote criminal proceedings and suspended paper requirements continued
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

WHEREAS, effective June 15, 2021, the State of California reopened its economy with limited [restrictions]... General Order No. 73 (Continuing Temporary Restrictions on Courthouse Access due to COVID-19 [and the General Order 72 series]) are abrogated, effective July 1, 2021. The Court additionally ORDERS as follows, effective July 1, 2021: Courthouse Access: 1. All courthouse visitors must follow any safety protocols announced on the Court's website... [initial appearances and detention hearings to proceed by] telephone or by videoconference until further order of the Court. New arrestees shall be booked [remotely]... 3. Other court appearances may be waived or postponed, or may be conducted by telephone or [videoconference]... [courtesy-copy requirements] remain suspended until further notice.

Enforcement: court order

Citation: Chief Judge Richard Seeborg, General Order 78 (June 23, 2021) (Ex. FED-337) Open the exhibit

Ex. FED-084

Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021)

Updated Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19)

OSHA (memorandum for Regional Administrators and State Plan Designees), United States (Federal)

Dates: In force from July 7, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Workplace rules
Functions reached: EMP (non-healthcare workplaces in 2021Q3)
Grade: Primary source read
Days in this quarter: 86 (in force on the last day)

Enforcement: General duty clause and existing standards for non-ETS workplaces

Citation: OSHA (memorandum for Regional Administrators and State Plan Designees), Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021) (Ex. FED-084) Open the exhibit

Continuing in force from an earlier quarter of this report (34 instruments):

Exhibit	Citation	Dates	Limitations
Ex. FED-168	CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168)	In force from Aug. 26, 2020 to Sept. 23, 2022	Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-092	Centers for Medicare & Medicaid Services, HHS, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-092)	In force from Sept. 2, 2020 to May 11, 2023	Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-156	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3) (Ex. FED-156)	In force from Apr. 27, 2021 to Nov. 12, 2021	Gathering capFace-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Ex. FED-094	Centers for Medicare & Medicaid Services, HHS, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (Ex. FED-094)	In force from May 21, 2021 to Sept. 30, 2021 (issued May 13, 2021)	Health care ordersWorkplace rulesVaccination or testing
Ex. FED-163	CMS, Quality, Safety & Oversight Group, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (May 11, 2021) (Ex. FED-163)	In force from May 21, 2021 to Sept. 30, 2021 (issued May 11, 2021)	Health care ordersWorkplace rulesVaccination or testing
Ex. FED-271	Office of Management and Budget, Office of Personnel Management and General Services Administration, OMB Memorandum M-21-25 (June 10, 2021) (Ex. FED-271)	In force from June 10, 2021 to Sept. 30, 2021	Telework mandateFace-covering requirementWorkplace rules
Ex. FED-080	Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080)	In force from June 21, 2021 to Dec. 27, 2021	Capacity limitFace-covering requirementHealth care ordersWorkplace rulesVaccination or testingQuarantine and isolation
Ex. FED-081	OSHA, Directorate of Enforcement Programs, DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021) (Ex. FED-081)	In force from June 28, 2021 to Dec. 27, 2021	Health care ordersWorkplace rules
Ex. FED-180	Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)	In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)	Emergency declarationHealth care orders
Ex. FED-181	Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)	In force from Feb. 4, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-160	Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)	In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)	Health care ordersOther
Ex. FED-096	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)	In force from Mar. 4, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-098	CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)	In force from Mar. 10, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-290	Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)	In force from Mar. 12, 2020 to Sept. 30, 2021	Business closureCourts and public offices
Ex. FED-194	HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)	In force from Mar. 17, 2020 to May 11, 2023	Health care ordersOther
Ex. FED-099	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099)	In force from Mar. 23, 2020 to May 1, 2023	Health care ordersCourts and public offices
Ex. FED-184	Secretary of Health and Human Services, Emergency Use Authorization Declaration: drugs and biological products (Mar. 27, 2020) (Ex. FED-184)	In force from Mar. 27, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-090	Centers for Medicare & Medicaid Services, HHS, CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with comment period) (Mar. 30, 2020) (Ex. FED-090)	In force from Mar. 31, 2020 to May 11, 2023 (issued Mar. 30, 2020)	Health care ordersOther
Ex. FED-073	President Donald J. Trump, Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020) (Ex. FED-073)	In force from Apr. 28, 2020 to Apr. 10, 2023	Workplace rulesSupply chain
Ex. FED-091	Centers for Medicare & Medicaid Services, HHS, CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule) (May 1, 2020) (Ex. FED-091)	In force from May 8, 2020 to Sept. 30, 2021 (issued May 1, 2020)	Health care ordersOther
Ex. FED-161	CMS, Quality, Safety & Oversight Group, QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting (May 6, 2020) (Ex. FED-161)	In force from May 8, 2020 to Sept. 30, 2021 (issued May 6, 2020)	Health care ordersOther
Ex. FED-165	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-165)	In force from June 1, 2020 to Mar. 30, 2023	Health care orders
Ex. FED-325	U.S. Citizenship and Immigration Services, USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4 (Ex. FED-325)	In force from June 4, 2020 to Sept. 30, 2021 (issued May 27, 2020)	Face-covering requirementCourts and public officesWorkplace rules
Ex. FED-166	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-166)	In force from Aug. 17, 2020 to May 1, 2023	Health care orders
Ex. FED-031	Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)	In force from Oct. 30, 2020 to Nov. 1, 2021	Capacity limitTravel and quarantineEvents and venuesWorkplace rules
Ex. FED-093	Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor), CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP maintenance-of-effort conditions); vaccine coverage (Nov. 2, 2020) (Ex. FED-093)	In force from Nov. 2, 2020 to Sept. 30, 2021	Health care ordersOther
Ex. FED-185	Food and Drug Administration, HHS (Center for Biologics Evaluation and Research), Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter) (Ex. FED-185)	In force from Dec. 11, 2020 to Aug. 23, 2021	Health care ordersOther
Ex. FED-186	Food and Drug Administration, HHS, Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter) (Ex. FED-186)	In force from Dec. 18, 2020 to Jan. 31, 2022	Health care ordersOther
Ex. FED-060	President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)	In force from Jan. 20, 2021 to May 9, 2023	Gathering capFace-covering requirementWorkplace rules
Ex. FED-062	President Joseph R. Biden, Jr, Executive Order 13999 (Jan. 21, 2021) (Ex. FED-062)	In force from Jan. 21, 2021 to Sept. 30, 2021	Workplace rules
Ex. FED-020	Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021), CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021) (Jan. 29, 2021) (Ex. FED-020)	In force from Feb. 1, 2021 to Apr. 18, 2022 (issued Jan. 29, 2021)	Face-covering requirementTravel and quarantineWorkplace rules
Ex. FED-187	Food and Drug Administration, HHS, Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023) (Ex. FED-187)	In force from Feb. 27, 2021 to June 1, 2023	Health care ordersOther
Ex. FED-082	OSHA, Directorate of Enforcement Programs, DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021) (Ex. FED-082)	In force from Mar. 12, 2021 to July 7, 2021	Workplace rules
Ex. FED-280	Secretary of Defense Lloyd J. Austin III, Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (Mar. 15, 2021) (Ex. FED-280)	In force from Mar. 15, 2021 to Sept. 30, 2021	Travel and quarantineWorkplace rules

127 further federal instruments were in force in this quarter and are listed in the Library's federal layer at covidproject.com/federal; this report shows the 40 most relevant to this selection.

Regulators of Physician Practices and Outpatient Care

Ex. SEC-02-046

State Public Health Officer Order of July 26, 2021 (Unvaccinated Workers in High-Risk Settings)

Vaccine verification and testing of unvaccinated workers in health care and high-risk congregate settings

State Public Health Officer, CDPH, California (State)

Dates: In force from July 26, 2021 to Sept. 17, 2022
Quarters: 2021 Q3
Limitations: Face-covering requirementHealth care ordersWorkplace rulesVaccination or testing
Functions reached: HR; WF; CL; OF
Grade: Primary source read
Days in this quarter: 67 (in force on the last day)

I. This Order applies to the following facilities:... C. Other Health Care Settings:... 13. Clinics & Doctor Offices (including behavioral health, surgical)... II. All facilities identified in this Order must verify vaccine status of all workers... III.A. All facilities identified in this Order must strictly adhere to current CDPH Masking Guidance... IV.B. High-Risk Congregate Settings and Other Health Care Settings:... unvaccinated or incompletely vaccinated workers must be tested at least once weekly with either PCR testing or antigen testing

Enforcement: Health and Safety Code sec. 120275 et seq.

Citation: State Public Health Officer, CDPH, State Public Health Officer Order of July 26, 2021 (Unvaccinated Workers in High-Risk Settings) (Ex. SEC-02-046) Open the exhibit

Ex. SEC-02-045

State Public Health Officer Order of August 5, 2021 (Health Care Worker Vaccine Requirement)

Health Care Worker Vaccine Requirement

State Public Health Officer and Director, California Department of Public Health (Tomas J. Aragon, M.D.), California (State)

Dates: In force from Aug. 5, 2021 to Apr. 3, 2023
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: HR; WF; CL; FD; OF
Grade: Primary source read
Days in this quarter: 57 (in force on the last day)

NOW, THEREFORE, I, as State Public Health Officer of the State of California, order:... All workers who provide services or work in the facilities described [including] ix. Clinics & Doctor Offices (including behavioral health, surgical)... must have their first dose of a one-dose regimen or their second dose of a two-dose regimen by September 30, 2021... 'Worker' refers to all paid and unpaid individuals who work in indoor settings where (1) care is provided to patients, or (2) patients have access for any purpose... including... clerical, dietary, environmental services, laundry, security, engineering and facilities management, administrative, billing, and volunteer personnel

Enforcement: Health and Safety Code sec. 120275 et seq. (misdemeanor)

Citation: State Public Health Officer and Director, California Department of Public Health (Tomas J. Aragon, M.D.), State Public Health Officer Order of August 5, 2021 (Health Care Worker Vaccine Requirement) (Aug. 5, 2021) (Ex. SEC-02-045) Open the exhibit

Ex. SEC-02-030

Proclamation 21-14

COVID-19 Vaccination Requirement (Health Care Providers and State Workers)

Governor Jay Inslee, Washington (State)

Dates: In force from Aug. 9, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: HR; WF; CL; OF
Grade: Primary source read
Days in this quarter: 53 (in force on the last day)

1. Prohibitions. This order prohibits the following:... c. Any Health Care Provider from failing to be fully vaccinated against COVID-19 after October 18, 2021; and d. Any individual or entity that operates a Health Care Setting from permitting a Health Care Provider to engage in work... as an employee, contractor, or volunteer after October 18, 2021 if the Health Care Provider has not been fully vaccinated... Providers who do not work in a Health Care Setting must provide proof of full vaccination to their licensing authority

Enforcement: RCW 43.06.220(5): gross misdemeanor

Citation: Governor Jay Inslee, Proclamation 21-14 (Aug. 9, 2021) (Ex. SEC-02-030) Open the exhibit

Ex. SEC-02-071

216-RICR-20-15-8, Requirement for Immunization Against COVID-19 for All Workers in Licensed Health Care Facilities and Other Practicing Health Care Providers (emergency amendment)

Health care worker COVID-19 immunization requirement

Rhode Island Department of Health, Rhode Island (State)

Dates: In force from Aug. 17, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: HR; WF; CL
Grade: Primary source read
Days in this quarter: 45 (in force on the last day)

By October 1, 2021, all health care workers and health care providers must be vaccinated, subject to a medical exemption... 'health care provider' means any person licensed by the Department to provide or otherwise lawfully providing health care services (as read on the Secretary of State's regulations site)

Enforcement: R.I. Gen. Laws 23-1-25; licensing discipline

Citation: Rhode Island Department of Health, 216-RICR-20-15-8, Requirement for Immunization Against COVID-19 for All Workers in Licensed Health Care Facilities and Other Practicing Health Care Providers (emergency amendment) (Aug. 17, 2021) (Ex. SEC-02-071) Open the exhibit

Ex. SEC-02-051

Executive Order 2021-20 (COVID-19 Executive Order No. 87)

Face covering requirements; vaccination requirements for health care workers, school personnel and higher education

Governor JB Pritzker, Illinois (State)

Dates: In force from Aug. 26, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementHealth care ordersWorkplace rulesVaccination or testing
Functions reached: CL; FD; HR; WF; OF; CB
Grade: Primary source read
Days in this quarter: 36 (in force on the last day)

Section 1... Beginning on Monday, August 30, 2021, all individuals in Illinois who are age two or over and able to medically tolerate a face covering... shall be required to cover their nose and mouth with a face covering when in an indoor public place... All individuals, including those who are fully vaccinated, shall continue to be required to wear a face covering... (3) in healthcare settings. Section 2: Vaccination Requirements for Health Care Workers... ii. 'Health Care Facility' means any institution, building, or agency, or portion of an institution, building, or agency... including... surgical treatment centers, hospices, hospitals, physician offices, dental offices, free-standing emergency centers, urgent care facilities... b. All Health Care Workers must have, at a minimum, the first dose of a two-dose COVID-19 vaccine series or a single-dose COVID-19 vaccine within 10 days…

Enforcement: 20 ILCS 3305/7; Department of Public Health emergency rules

Citation: Governor JB Pritzker, Executive Order 2021-20 (COVID-19 Executive Order No. 87) (Aug. 26, 2021) (Ex. SEC-02-051) Open the exhibit

Ex. SEC-02-019

Executive Order No. 252

Vaccination or testing requirement for covered workers in health care and high-risk congregate settings

Governor Philip D. Murphy, New Jersey (State)

Dates: In force from Sept. 7, 2021 to Sept. 30, 2021 (issued Aug. 6, 2021)
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: HR; WF; CL; OF
Grade: Primary source read
Days in this quarter: 24 (in force on the last day)

1. Covered health care and high-risk congregate settings ('covered settings') must maintain a policy that requires 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. This requirement shall take effect on September 7, 2021... 5.... Health care facilities shall include acute, pediatric, inpatient rehabilitation, and psychiatric hospitals, including specialty hospitals, and ambulatory surgical centers; long-term care facilities;... clinic-based settings like ambulatory care, urgent care clinics, dialysis centers, Federally Qualified Health Centers, family planning sites, and Opioid Treatment Programs

Enforcement: N.J.S.A. App. A:9-49, -50

Citation: Governor Philip D. Murphy, Executive Order No. 252 (Aug. 6, 2021) (Ex. SEC-02-019) Open the exhibit

Ex. SEC-02-002

Directive DIR 2021-03 (CPL 03), Revised National Emphasis Program - Coronavirus Disease 2019 (COVID-19)

Revised National Emphasis Program - COVID-19

OSHA, United States (Federal)

Dates: In force from July 7, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Workplace rulesOther
Functions reached: OF; HR; CL
Grade: Primary source read
Days in this quarter: 86 (in force on the last day)

621111 Offices of Physicians (except Mental Health Specialists)*... *NOTE: For certain industries such as Home Health Care Services NAICS 621610, Offices of Physicians (except Mental Health Specialists) NAICS 621111, Offices of Dentists NAICS 621210... some of which have had a large number or high rate of COVID-19-related complaints in some communities during 2020, Area Directors should use discretion based on local information

Enforcement: programmed inspections; ETS and General Duty Clause citations

Citation: OSHA, Directive DIR 2021-03 (CPL 03), Revised National Emphasis Program - Coronavirus Disease 2019 (COVID-19) (July 7, 2021) (Ex. SEC-02-002) Open the exhibit

Ex. SEC-02-079

OAR 333-019-1011, Masking Requirements to Control COVID-19 in Health Care Settings (temporary rule PH 37-2021)

Health-care-setting masking rule

Oregon Health Authority, Public Health Division, Oregon (State)

Dates: In force from Aug. 20, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementHealth care orders
Functions reached: CL; FD; WF; PR
Grade: Primary source read
Days in this quarter: 42 (in force on the last day)

Health care personnel must wear a face covering when entering, exiting and [a] face mask while they are in a health care setting (sec. 8) (as read on the Secretary of State OARD page, Sept. 26, 2026)

Enforcement: ORS 431A.010; ORS 433.990

Citation: Oregon Health Authority, Public Health Division, OAR 333-019-1011, Masking Requirements to Control COVID-19 in Health Care Settings (temporary rule PH 37-2021) (Aug. 20, 2021) (Ex. SEC-02-079) Open the exhibit

Ex. SEC-02-038

10 NYCRR 2.61, Prevention of COVID-19 transmission by covered entities (emergency regulation)

Health care worker vaccination mandate

Commissioner of Health (Public Health and Health Planning Council emergency regulation), New York (State)

Dates: In force from Aug. 26, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementHealth care ordersVaccination or testing
Functions reached: HR; WF; CL (D&TC-organized practices); CB (hospital counterparties)
Grade: Primary source read
Days in this quarter: 36 (in force on the last day)

(c) Covered entities shall continuously require personnel to be fully vaccinated against COVID-19, with the first dose for current personnel received by September 27, 2021 for general hospitals and nursing homes, and by October 7, 2021 for all other covered entities absent receipt of an exemption... (g) The Department may require all personnel, whether vaccinated or unvaccinated, to wear an appropriate face covering for the setting

Enforcement: Public Health Law sec. 12; sec. 2803

Citation: Commissioner of Health (Public Health and Health Planning Council emergency regulation), 10 NYCRR 2.61, Prevention of COVID-19 transmission by covered entities (emergency regulation) (Aug. 26, 2021) (Ex. SEC-02-038) Open the exhibit

Continuing in force from an earlier quarter of this report (10 instruments):

Exhibit	Citation	Dates	Limitations
Ex. SEC-02-001	Occupational Safety and Health Administration, U.S. Department of Labor, COVID-19 Healthcare Emergency Temporary Standard, 29 C.F.R. 1910.502 (with 1910.504, 1910.505, 1910.509) (June 21, 2021) (Ex. SEC-02-001)	In force from June 21, 2021 to Dec. 27, 2021	Face-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Ex. SEC-02-005	CMS (Secretary of HHS), COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (Mar. 30, 2020) (Ex. SEC-02-005)	In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 30, 2020)	Health care ordersOther
Ex. SEC-02-006	CMS, CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency, 85 Fed. Reg. 19230 (Apr. 6, 2020) (Ex. SEC-02-006)	In force from Mar. 31, 2020 to Sept. 30, 2021 (issued Apr. 6, 2020)	Health care ordersOther
Ex. SEC-02-007	CMS, CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency, 85 Fed. Reg. 27550 (May 8, 2020) (Ex. SEC-02-007)	In force from May 8, 2020 to Sept. 30, 2021	Health care ordersOther
Ex. SEC-02-047	Occupational Safety and Health Standards Board (Cal/OSHA), Cal. Code Regs. tit. 8, sec. 3205, COVID-19 Prevention (emergency temporary standard as readopted June 17, 2021) (Ex. SEC-02-047)	In force from June 17, 2021 to Jan. 14, 2022	Face-covering requirementWorkplace rulesQuarantine and isolation
Ex. SEC-02-009	Substance Abuse and Mental Health Services Administration, Opioid Treatment Program guidance: blanket exception for take-home methadone doses (Mar. 16, 2020) (Ex. SEC-02-009)	In force from Mar. 16, 2020 to Sept. 30, 2021	Other
Ex. SEC-02-008	HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency, 85 Fed. Reg. 22024 (Apr. 21, 2020) (Ex. SEC-02-008)	In force from Mar. 17, 2020 to Aug. 9, 2023 (issued Apr. 21, 2020)	Other
Ex. SEC-02-050	Governor JB Pritzker, Executive Order 2020-09 (COVID-19 Executive Order No. 7) (Mar. 19, 2020) (Ex. SEC-02-050)	In force from Mar. 19, 2020 to Sept. 30, 2021	Other
Ex. SEC-02-055	Governor Mike DeWine, Executive Order 2020-05D (Mar. 19, 2020) (Ex. SEC-02-055)	In force from Mar. 19, 2020 to Sept. 30, 2021	Other
Ex. SEC-02-073	State Public Health Officer, CDPH, State Public Health Officer Order of June 11, 2021 (Beyond the Blueprint) (Ex. SEC-02-073)	In force from June 15, 2021 to Feb. 28, 2022 (issued June 11, 2021)	Gathering capFace-covering requirement

Third quarter of 2021: the instruments in force, Physician Practices and Outpatient Care (nationally)

In force during the third quarter of 2021 (an order in force on any day of the quarter is an order in force during it):

SEC-02-001 OSHA COVID-19 Healthcare ETS, 29 C.F.R. 1910.502 (June 21, 2021; compliance July 6 and 21; withdrawn Dec. 27, 2021)
SEC-02-002 OSHA NEP DIR 2021-03 (July 7, 2021) targeting NAICS 621111
SEC-02-005 CMS 1135 blanket waivers (through the PHE; HHS renewal July 19, 2021)
SEC-02-006 / SEC-02-007 CMS-1744-IFC and CMS-5531-IFC telehealth rules (through the PHE)
SEC-02-008 OCR telehealth enforcement discretion (through the PHE)
SEC-02-009 SAMHSA OTP take-home exemption (through the PHE)
SEC-02-045 CA SPHO Order Aug. 5, 2021 (clinics and doctor offices; Sept. 30 deadline)
SEC-02-046 CA SPHO Order July 26, 2021 (verify status; test unvaccinated; compliance Aug. 23)
SEC-02-047 Cal/OSHA sec. 3205 as readopted June 17, 2021
SEC-02-073 CA SPHO Beyond the Blueprint (June 15, 2021): face-covering guidance mandatory
SEC-02-030 WA Proclamation 21-14 (Aug. 9, 2021; Oct. 18 deadline)
SEC-02-051 IL EO 2021-20 (Aug. 26, 2021): health-care masking; physician-office worker vaccination/testing
SEC-02-019 NJ EO 252 (Aug. 6, 2021; Sept. 7 effective)
NJ EO 242 para. 13 (May 24, 2021) health-care-setting masking
SEC-02-038 NY 10 NYCRR 2.61 (Aug. 26, 2021) (Article 28/36/40 entities)
SEC-02-071 RI 216-RICR-20-15-8 (Aug. 17, 2021; Oct. 1 compliance)
OR OAR 333-019-1011 (temporary Aug. 20, 2021) health-care-setting masks; OAR 333-019-1010 (Aug. 25, 2021) provider vaccination by Oct. 18
PA Act 21 of 2021 continuation of telemedicine and licensure waivers to Sept. 30, 2021
Philadelphia Board of Health regulations of Aug. 12 and Aug. 16, 2021
DE vaccination-or-testing orders effective Sept. 30, 2021 incl. office-based surgery
CDC conveyance mask order and TSA SD 1582/84-21-01A (FED-A) for commuting staff
Delta-wave local mask orders reaching medical offices (LA County July 17/Aug. 2021; Bay Area Aug. 3; New Orleans Aug. 2; Multnomah Aug. 9; Philadelphia Aug. 12; Cook County Aug. 23)

6. The industry's regime in the States

No State was selected. The industry's State-by-State regime table is on the industry page at covidproject.com/industries/physician-practices.

7. Group meetings, trade shows and seasons the industry lost

The organizers' own notices of the trade shows, conventions, seasons and tournaments this industry lost in the quarters selected, with the reason each organizer gave. A cancelled meeting is a limitation on group meetings in the statute's words, and it reached the industry's customer base and its sales calendar.

Date	Organizer	Event	What the notice said	Exhibit
Mar. 5, 2020	Healthcare Information and Management Systems Society (HIMSS)	HIMSS20 Global Health Conference & Exhibition (health IT, practice management and EHR vendors; the largest annual buying event for practice technology)	"Following recent reports from the WHO and the CDC, it is clearly necessary to cancel #HIMSS20." (HIMSS homepage, capture of Mar. 6, 2020)	Ex. SEC-02-GM-010
Mar. 5, 2020	Healthcare Information and Management Systems Society (HIMSS)	HIMSS20 Global Health Conference & Exhibition (health IT, practice management and EHR vendors; the largest annual buying event for practice technology)	"Following recent reports from the WHO and the CDC, it is clearly necessary to cancel #HIMSS20." (HIMSS homepage, capture of Mar. 6, 2020)	Ex. SEC-02-GM-024
Mar. 5, 2020	Healthcare Information and Management Systems Society (HIMSS)	HIMSS20 Global Health Conference & Exhibition (health IT, practice management and EHR vendors; the largest annual buying event for practice technology)	"Following recent reports from the WHO and the CDC, it is clearly necessary to cancel #HIMSS20." (HIMSS homepage, capture of Mar. 6, 2020)	Ex. SEC-02-GM-025
Mar. 9, 2020	American College of Cardiology	ACC.20/WCC, Annual Scientific Session of the American College of Cardiology together with the World Congress of Cardiology	"The American College of Cardiology has made the difficult and unprecedented decision to cancel... ACC.20/WCC scheduled to take place March 28-30, 2020 in Chicago.... The College has been closely monitoring updates and recommendations from the Centers for Disease Control and Prevention (CDC) and the World Health…	Ex. SEC-02-GM-001
Mar. 9, 2020	Endocrine Society	ENDO 2020, Annual Meeting of the Endocrine Society	"Following the latest reports from the World Health Organization (WHO), the U.S. Centers for Disease Control and Prevention (CDC) and local health authorities in San Francisco, we have announced the necessary cancellation of ENDO 2020." FAQ: "We have also been actively following travel advisories and restrictions being…	Ex. SEC-02-GM-014
Mar. 14, 2020	American Academy of Orthopaedic Surgeons	AAOS Annual Meeting (orthopaedic surgery)	"Breaking News: AAOS 2020 Annual Meeting is canceled.... After much consideration and discussion, the Academy Board of Directors has made the difficult decision to cancel the 2020 Annual Meeting scheduled for March 24-28, 2020 at Orlando's Orange County Convention Center (OCCC)." (aaos.org homepage, Mar. 14, 2020…	Ex. SEC-02-GM-007
Mar. 14, 2020	American Academy of Orthopaedic Surgeons	AAOS Annual Meeting (orthopaedic surgery)	"Breaking News: AAOS 2020 Annual Meeting is canceled.... After much consideration and discussion, the Academy Board of Directors has made the difficult decision to cancel the 2020 Annual Meeting scheduled for March 24-28, 2020 at Orlando's Orange County Convention Center (OCCC)." (aaos.org homepage, Mar. 14, 2020…	Ex. SEC-02-GM-027
Mar. 18, 2020	DDW Administration (AASLD, AGA, ASGE, SSAT)	Digestive Disease Week (DDW) 2020 (gastroenterology, hepatology, endoscopy and GI surgery)	"DDW 2020 and all associated events, scheduled for May 2-5, 2020, in Chicago, have been cancelled."... "Updated March 18, 2020: DDW is cancelled."... "We will not host a DDW 2020 virtual meeting with invited-speaker sessions."	Ex. SEC-02-GM-002
Mar. 23, 2020	American Academy of Physician Assistants	AAPA 2020 Conference (physician assistants)	"Given the rapidly evolving situation with COVID-19, AAPA 2020 in Nashville, May 16-20, is canceled. This difficult decision was reached by the Board of Directors after careful analysis and consideration of all associated implications - most importantly, what is best for the health and safety of PAs and your patients…	Ex. SEC-02-GM-004
Mar. 24, 2020	The Vision Council and Reed Exhibitions	Vision Expo East (optometry, opticianry and eyewear trade show and CE)	"Vision Expo East, due to be held March 26-29, will now be postponed and consolidated with Vision Expo West in Las Vegas, September 23-26." (east.visionexpo.com, Mar. 24, 2020 capture). Vision Expo West: "The Vision Council and Reed Exhibitions, organizers of Vision Expo, announce the decision to cancel Vision Expo…	Ex. SEC-02-GM-009
Mar. 24, 2020	American Academy of Audiology	AAA 2020 + HearTECH Expo (audiology)	"In an abundance of caution for the health and safety of our attendees and the patients they serve, the Academy has made the difficult decision to cancel the AAA 2020 + HearTECH Expo." The Academy also replaced its April 4, 2020 membership meeting with a video series.	Ex. SEC-02-GM-016
Mar. 24, 2020	The Vision Council and Reed Exhibitions	Vision Expo East (optometry, opticianry and eyewear trade show and CE)	"Vision Expo East, due to be held March 26-29, will now be postponed and consolidated with Vision Expo West in Las Vegas, September 23-26." (east.visionexpo.com, Mar. 24, 2020 capture). Vision Expo West: "The Vision Council and Reed Exhibitions, organizers of Vision Expo, announce the decision to cancel Vision Expo…	Ex. SEC-02-GM-021
Mar. 29, 2020	Operation UNITE (HMP Global)	Rx Drug Abuse & Heroin Summit (addiction treatment, prevention and law enforcement)	"In place of an in-person Rx Summit event, we are excited and diligently working to create a virtual experience... all to take place as scheduled, April 14-16.... We may not be able to see you in-person for a bit, but we're still committed to this work."	Ex. SEC-02-GM-020
Apr. 2, 2020	American Society of Addiction Medicine	ASAM 51st Annual Conference, Innovations in Addiction Medicine in Science, with pre-conference courses	"After careful consideration and evaluation of the latest developments in COVID-19, the ASAM Board of Directors has made the difficult decision to cancel The ASAM 51st Annual Conference... scheduled April 2-5, 2020 in Denver, CO. The health and safety of members and attendees is of paramount importance."	Ex. SEC-02-GM-023
Apr. 4, 2020	American Physical Therapy Association	APTA NEXT Conference & Exposition 2020 (physical therapy)	"NEXT 2020: Due to the COVID-19 pandemic, NEXT is canceled. A virtual event is in development.... We were looking forward to seeing you in Phoenix, but the health of our participants is paramount, and federal and local directives for social distancing continue to extend."	Ex. SEC-02-GM-015
Apr. 16, 2020	American Diabetes Association	ADA 80th Scientific Sessions (diabetes)	Organizer's professional site lists the meeting as '80th Scientific Sessions - Virtual' (Apr. 16, 2020 capture).	Ex. SEC-02-GM-026
May 11, 2020	Michigan Association of Chiropractors	Michigan Association of Chiropractors Spring Convention (2020) and Fall Convention & Exhibition (Sept. 25-27, 2020, Detroit Marriott at the Renaissance Center)	Organizer site (May 11, 2020 capture) lists 'Spring 2020 Virtual Convention'; the Sept. 26, 2020 capture lists 'Fall 2020 Virtual Convention & Exhibition, October 7-11, 2020'	Ex. SEC-02-GM-018
May 11, 2020	Michigan Association of Chiropractors	Michigan Association of Chiropractors Spring Convention (2020) and Fall Convention & Exhibition (Sept. 25-27, 2020, Detroit Marriott at the Renaissance Center)	Organizer site (May 11, 2020 capture) lists 'Spring 2020 Virtual Convention'; the Sept. 26, 2020 capture lists 'Fall 2020 Virtual Convention & Exhibition, October 7-11, 2020'	Ex. SEC-02-GM-028
May 25, 2020	American Psychological Association	APA 2020 Convention (psychology) and PsycCareers Live job fair	"The health and safety of our community is our top priority. After careful review of the best available science, we have decided to move APA 2020, from its originally scheduled in-person experience in Washington, DC, to a fully virtual one."	Ex. SEC-02-GM-003
July 10, 2020	American Speech-Language-Hearing Association	ASHA Convention 2020 (speech-language pathology and audiology)	"We are sorry to announce that the 2020 ASHA Convention, scheduled for November 19-21 in San Diego, California, has been cancelled. This decision was made in partnership with our host destination, San Diego."	Ex. SEC-02-GM-006
July 13, 2020	American Academy of Family Physicians	AAFP Family Medicine Experience (FMX) 2020	"In light of COVID-19 and with respect to the health and safety of all involved, the AAFP's largest annual meeting, Family Medicine Experience (FMX), is going virtual."	Ex. SEC-02-GM-005
July 15, 2020	American Academy of Ophthalmology	AAO 2020 Annual Meeting (ophthalmology)	"In light of epidemiological projections, government regulations and public health mandates to prevent the spread of disease - including social distancing, limited crowd sizes and face coverings - the Academy has been forced to cancel its in-person annual meeting this year. The Academy will present a virtual-only…	Ex. SEC-02-GM-013
July 26, 2020	American College of Emergency Physicians	ACEP20 Scientific Assembly (emergency medicine)	"ACEP20 has been reimagined into a unique, digital experience. These unprecedented times call for an unconventional ACEP20, and our members' well-being, and that of their patients and families, is our foremost priority."	Ex. SEC-02-GM-011
Aug. 6, 2020	North American Spine Society	NASS 2020 Annual Meeting (spine)	Organizer homepage (Aug. 6, 2020 capture): 'NASS 2020 Annual Meeting Virtual Experience, October 6-9... Scientific research and educational programs in consumable chunks of time.'	Ex. SEC-02-GM-022
Aug. 9, 2020	American Society of Plastic Surgeons	ASPS Plastic Surgery The Meeting 2020	Organizer site (Aug. 9, 2020 capture): 'Register Now for Virtual Plastic Surgery The Meeting!'	Ex. SEC-02-GM-019
Sept. 19, 2020	American Heart Association	AHA Scientific Sessions 2020 (cardiology)	Organizer page (Sept. 19, 2020 capture): 'Scientific Sessions 2020, November 13-17, A Virtual Experience... Join us for a virtual experience!'	Ex. SEC-02-GM-012
July 19, 2021	American Society of Cataract and Refractive Surgery	ASCRS Annual Meeting (cataract and refractive surgery; ophthalmic device exhibition)	ASCRS Annual Meeting (cataract and refractive surgery; ophthalmic device exhibition)	Ex. SEC-02-GM-008

8. Partial suspension, element by element, for this business

This section applies the five-step test of section 3 to a business of the industry Physician Practices and Outpatient Care with the instruments this report found for the quarters selected and no others: the order; the function of the business it reached; the change it compelled, in its own words; the days of the quarter on which it was in force; and the statute's answer. Where the Library holds only federal-layer and standing-duty instruments for a quarter, the section says so and applies the test to those instruments.

Second quarter of 2020 (Apr. 1, 2020 to June 30, 2020; orders from Mar. 13, 2020)

Step one, the orders. In the second quarter of 2020 the Library holds 237 instruments in force for this selection: 58 instruments from the regulators of Physician Practices and Outpatient Care (Governor Tate Reeves, Executive Order No. 1463 (Mar. 24, 2020) and Supplement (Mar. 26, 2020) (Ex. SEC-02-024); Governor Kim Reynolds, Proclamation of Disaster Emergency (Mar. 26, 2020) (Ex. SEC-02-042); State Health Officer Scott Harris, M.D, Order of the State Health Officer Suspending Certain Public Gatherings Due to Risk of Infection by COVID-19 (statewide), Mar. 19, 2020, as amended Mar. 27 (effective Mar. 28) and Apr. 3, 2020 (Ex. SEC-02-069); and 55 more) and 179 federal instruments (Office of Management and Budget (Acting Director Russell T. Vought), OMB Memorandum M-20-16 (Mar. 17, 2020) (Ex. FED-264); CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097); The President and the White House Coronavirus Task Force (with CDC), The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020) (Ex. FED-190); and 176 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions of business of the Physician Practices industry, as the Library records them: clinical intake and waiting room (CL; Ex. SEC-02-024, Ex. SEC-02-042, Ex. SEC-02-069, Ex. SEC-02-062 and 40 more); procedures and elective visits (PR; Ex. SEC-02-042, Ex. SEC-02-069, Ex. SEC-02-062, Ex. SEC-02-057 and 40 more); diagnostics and laboratory (DX; Ex. SEC-02-042, Ex. SEC-02-069, Ex. SEC-02-032, Ex. SEC-02-033 and 12 more); telehealth under waivers (TM; Ex. SEC-02-042, Ex. SEC-02-062, Ex. SEC-02-025, Ex. SEC-02-023 and 12 more); front desk and scheduling (FD; Ex. SEC-02-025, Ex. SEC-02-076, Ex. SEC-02-018, Ex. SEC-02-033 and 6 more); billing and administration (OF; Ex. SEC-02-024, Ex. SEC-02-062, Ex. SEC-02-023, Ex. SEC-02-005 and 8 more); PPE and supplies (SC; Ex. SEC-02-025, Ex. SEC-02-032, Ex. SEC-02-043, Ex. SEC-02-076 and 23 more); hiring, credentialing, training (HR; Ex. SEC-02-042, Ex. SEC-02-013, Ex. SEC-02-005); workforce availability (WF; Ex. SEC-02-024, Ex. SEC-02-062, Ex. SEC-02-025, Ex. SEC-02-070 and 1 more); patients, referral sources, employers, payers (CB; Ex. SEC-02-024, Ex. SEC-02-042, Ex. SEC-02-069, Ex. SEC-02-062 and 45 more).

Step three, the change compelled. Governor Tate Reeves, Executive Order No. 1463 (Mar. 24, 2020) and Supplement (Mar. 26, 2020) (Ex. SEC-02-024) ordered: "1.c. From the date of this Executive Order until April 17, 2020, persons shall not visit hospitals, nursing homes and retirement or long-term care facilities unless to provide critical assistance... 2.... it is also recommended and encouraged that all Mississippi businesses and non-profit entities…" Enforcement: Miss. Code Ann. 33-15-11(c)(4); 33-15-31 (local orders preempted to the extent stricter on essential operations) Governor Kim Reynolds, Proclamation of Disaster Emergency (Mar. 26, 2020) (Ex. SEC-02-042) ordered: "SECTION ONE... effective at 5:00 p.m. on March 27, 2020... A. All nonessential or elective surgeries and procedures that utilize personal protective equipment (PPE) must not be conducted by any hospital, outpatient surgery provider, or outpatient procedure provider, whether public, private, or…" Enforcement: Iowa Code 29C.6; 135.144; 135.38 (simple misdemeanor) State Health Officer Scott Harris, M.D, Order of the State Health Officer Suspending Certain Public Gatherings Due to Risk of Infection by COVID-19 (statewide), Mar. 19, 2020, as amended Mar. 27 (effective Mar. 28) and Apr. 3, 2020 (Ex. SEC-02-069) ordered: "All dental, medical, or surgical procedures shall be postponed until further notice, subject to the following exceptions: Dental, medical, or surgical procedures necessary to treat an emergency medical condition... Dental, medical, or surgical procedures necessary to avoid serious harm from an…" Enforcement: Ala. Code 22-2-14 (misdemeanor) The operative words of every other instrument of the quarter are quoted in section 5.

Step four, the quarter. The quarter's record runs from Mar. 13, 2020 to June 30, 2020, 110 days. Executive Order No. 1463 (Mar. 24, 2020) and Supplement (Mar. 26, 2020) (Ex. SEC-02-024) was in force from Mar. 24, 2020 to Apr. 17, 2020, 25 of the quarter's 110 days; Proclamation of Disaster Emergency (Mar. 26, 2020) (Ex. SEC-02-042) was in force from Mar. 27, 2020 to Apr. 16, 2020, 21 of the quarter's 110 days; Order of the State Health Officer Suspending Certain Public Gatherings Due to Risk of… (Ex. SEC-02-069) was in force from Mar. 19, 2020 to Apr. 17, 2020, 30 of the quarter's 110 days. Of the 58 instruments in the quarter's record, 1 was in force on its first day, 22 on its last day and 1 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of a business of the Physician Practices industry; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the second quarter of 2020 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

Third quarter of 2020 (July 1, 2020 to Sept. 30, 2020)

Step one, the orders. In the third quarter of 2020 the Library holds 183 instruments in force for this selection: 20 instruments from the regulators of Physician Practices and Outpatient Care (Governor Kate Brown, Executive Order No. 20-22 (Apr. 27, 2020) (Ex. SEC-02-032); Governor Jared Polis, Executive Order D 2020 045 (Apr. 26, 2020) (Ex. SEC-02-076); Governor Greg Abbott, Executive Order GA-19 (Apr. 27, 2020) (Ex. SEC-02-013); and 17 more) and 163 federal instruments (CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097); Office of Management and Budget (Deputy Director for Management), OMB Memorandum M-20-18 (Mar. 20, 2020) (Ex. FED-266); The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192); and 160 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions of business of the Physician Practices industry, as the Library records them: clinical intake and waiting room (CL; Ex. SEC-02-032, Ex. SEC-02-076, Ex. SEC-02-013, Ex. SEC-02-023 and 4 more); procedures and elective visits (PR; Ex. SEC-02-032, Ex. SEC-02-076, Ex. SEC-02-013, Ex. SEC-02-023 and 4 more); diagnostics and laboratory (DX; Ex. SEC-02-032, Ex. SEC-02-006); telehealth under waivers (TM; Ex. SEC-02-023, Ex. SEC-02-005, Ex. SEC-02-059, Ex. SEC-02-006 and 8 more); front desk and scheduling (FD; Ex. SEC-02-076, Ex. SEC-02-018); billing and administration (OF; Ex. SEC-02-023, Ex. SEC-02-005, Ex. SEC-02-059, Ex. SEC-02-006 and 5 more); PPE and supplies (SC; Ex. SEC-02-032, Ex. SEC-02-076, Ex. SEC-02-023, Ex. SEC-02-029 and 2 more); hiring, credentialing, training (HR; Ex. SEC-02-013, Ex. SEC-02-005); patients, referral sources, employers, payers (CB; Ex. SEC-02-032, Ex. SEC-02-076, Ex. SEC-02-013, Ex. SEC-02-018 and 12 more).

Step three, the change compelled. Governor Kate Brown, Executive Order No. 20-22 (Apr. 27, 2020) (Ex. SEC-02-032) ordered: "1.a. Elective and non-urgent procedures across all care settings that utilize PPE, including but not limited to, hospitals, ambulatory surgery centers, outpatient clinics (including community health clinics and student health centers), dental clinics, and veterinary clinics shall not occur unless…" Enforcement: ORS 431A.010; ORS 401.990 Governor Jared Polis, Executive Order D 2020 045 (Apr. 26, 2020) (Ex. SEC-02-076) ordered: "II.A. Medical, dental, or veterinary voluntary or elective surgeries and procedures may [recommence provided the facility] follows protocols and criteria set forth in this Executive Order and any accompanying Public Health Order (PHO) issued by CDPHE... B. Facilities performing medical, dental or…" Enforcement: C.R.S. 24-33.5-704(7); PHO 20-29 enforcement under C.R.S. 25-1-114 Governor Greg Abbott, Executive Order GA-19 (Apr. 27, 2020) (Ex. SEC-02-013) ordered: "All licensed health care professionals shall be limited in their practice by, and must comply with, any emergency rules promulgated by their respective licensing agencies dictating minimum standards for safe practice during the COVID-19 disaster. Every hospital licensed under Chapter 241 of the…" Enforcement: Tex. Gov't Code 418.173 (recited) The operative words of every other instrument of the quarter are quoted in section 5.

Step four, the quarter. The quarter's record runs from July 1, 2020 to Sept. 30, 2020, 92 days. Executive Order No. 20-22 (Ex. SEC-02-032) was in force from Apr. 27, 2020 to June 30, 2021, 92 of the quarter's 92 days; Executive Order D 2020 045 (Ex. SEC-02-076) was in force from Apr. 27, 2020 to Oct. 18, 2020, 92 of the quarter's 92 days; Executive Order GA-19 (Ex. SEC-02-013) was in force from May 1, 2020 to Mar. 10, 2021, 92 of the quarter's 92 days. Of the 20 instruments in the quarter's record, 19 were in force on its first day, 19 on its last day and 18 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of a business of the Physician Practices industry; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the third quarter of 2020 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

Fourth quarter of 2020 (Oct. 1, 2020 to Dec. 31, 2020)

Step one, the orders. In the fourth quarter of 2020 the Library holds 181 instruments in force for this selection: 21 instruments from the regulators of Physician Practices and Outpatient Care (Governor Kate Brown, Executive Order No. 20-22 (Apr. 27, 2020) (Ex. SEC-02-032); Governor Jared Polis, Executive Order D 2020 045 (Apr. 26, 2020) (Ex. SEC-02-076); Governor Greg Abbott, Executive Order GA-19 (Apr. 27, 2020) (Ex. SEC-02-013); and 18 more) and 160 federal instruments (Office of Management and Budget (Deputy Director for Management), OMB Memorandum M-20-18 (Mar. 20, 2020) (Ex. FED-266); Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas), OMB/OPM Memorandum M-20-23 (Apr. 20, 2020) (Ex. FED-268); CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168); and 157 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions of business of the Physician Practices industry, as the Library records them: clinical intake and waiting room (CL; Ex. SEC-02-032, Ex. SEC-02-076, Ex. SEC-02-013, Ex. SEC-02-023 and 4 more); procedures and elective visits (PR; Ex. SEC-02-032, Ex. SEC-02-076, Ex. SEC-02-013, Ex. SEC-02-023 and 3 more); diagnostics and laboratory (DX; Ex. SEC-02-032, Ex. SEC-02-006); telehealth under waivers (TM; Ex. SEC-02-023, Ex. SEC-02-005, Ex. SEC-02-059, Ex. SEC-02-006 and 8 more); front desk and scheduling (FD; Ex. SEC-02-076, Ex. SEC-02-047); billing and administration (OF; Ex. SEC-02-023, Ex. SEC-02-005, Ex. SEC-02-059, Ex. SEC-02-006 and 7 more); PPE and supplies (SC; Ex. SEC-02-032, Ex. SEC-02-076, Ex. SEC-02-023, Ex. SEC-02-029 and 1 more); hiring, credentialing, training (HR; Ex. SEC-02-013, Ex. SEC-02-005, Ex. SEC-02-047); workforce availability (WF; Ex. SEC-02-047, Ex. SEC-02-016); patients, referral sources, employers, payers (CB; Ex. SEC-02-032, Ex. SEC-02-076, Ex. SEC-02-013, Ex. SEC-02-005 and 12 more).

Step four, the quarter. The quarter's record runs from Oct. 1, 2020 to Dec. 31, 2020, 92 days. Executive Order No. 20-22 (Ex. SEC-02-032) was in force from Apr. 27, 2020 to June 30, 2021, 92 of the quarter's 92 days; Executive Order D 2020 045 (Ex. SEC-02-076) was in force from Apr. 27, 2020 to Oct. 18, 2020, 18 of the quarter's 92 days; Executive Order GA-19 (Ex. SEC-02-013) was in force from May 1, 2020 to Mar. 10, 2021, 92 of the quarter's 92 days. Of the 21 instruments in the quarter's record, 18 were in force on its first day, 18 on its last day and 16 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of a business of the Physician Practices industry; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the fourth quarter of 2020 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

First quarter of 2021 (Jan. 1, 2021 to Mar. 31, 2021)

Step one, the orders. In the first quarter of 2021 the Library holds 193 instruments in force for this selection: 18 instruments from the regulators of Physician Practices and Outpatient Care (Governor Kate Brown, Executive Order No. 20-22 (Apr. 27, 2020) (Ex. SEC-02-032); Governor Greg Abbott, Executive Order GA-19 (Apr. 27, 2020) (Ex. SEC-02-013); Governor Tim Walz, Emergency Executive Order 20-51 (May 5, 2020) (Ex. SEC-02-023); and 15 more) and 175 federal instruments (Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas), OMB/OPM Memorandum M-20-23 (Apr. 20, 2020) (Ex. FED-268); CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168); Centers for Medicare & Medicaid Services, HHS, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-092); and 172 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions of business of the Physician Practices industry, as the Library records them: clinical intake and waiting room (CL; Ex. SEC-02-032, Ex. SEC-02-013, Ex. SEC-02-023, Ex. SEC-02-005 and 2 more); procedures and elective visits (PR; Ex. SEC-02-032, Ex. SEC-02-013, Ex. SEC-02-023, Ex. SEC-02-015 and 1 more); diagnostics and laboratory (DX; Ex. SEC-02-032, Ex. SEC-02-006); telehealth under waivers (TM; Ex. SEC-02-023, Ex. SEC-02-005, Ex. SEC-02-059, Ex. SEC-02-006 and 7 more); front desk and scheduling (FD; Ex. SEC-02-047); billing and administration (OF; Ex. SEC-02-023, Ex. SEC-02-005, Ex. SEC-02-059, Ex. SEC-02-006 and 6 more); PPE and supplies (SC; Ex. SEC-02-032, Ex. SEC-02-023, Ex. SEC-02-010); hiring, credentialing, training (HR; Ex. SEC-02-013, Ex. SEC-02-005, Ex. SEC-02-047); workforce availability (WF; Ex. SEC-02-047, Ex. SEC-02-016); patients, referral sources, employers, payers (CB; Ex. SEC-02-032, Ex. SEC-02-013, Ex. SEC-02-005, Ex. SEC-02-059 and 10 more).

Step three, the change compelled. Governor Kate Brown, Executive Order No. 20-22 (Apr. 27, 2020) (Ex. SEC-02-032) ordered: "1.a. Elective and non-urgent procedures across all care settings that utilize PPE, including but not limited to, hospitals, ambulatory surgery centers, outpatient clinics (including community health clinics and student health centers), dental clinics, and veterinary clinics shall not occur unless…" Enforcement: ORS 431A.010; ORS 401.990 Governor Greg Abbott, Executive Order GA-19 (Apr. 27, 2020) (Ex. SEC-02-013) ordered: "All licensed health care professionals shall be limited in their practice by, and must comply with, any emergency rules promulgated by their respective licensing agencies dictating minimum standards for safe practice during the COVID-19 disaster. Every hospital licensed under Chapter 241 of the…" Enforcement: Tex. Gov't Code 418.173 (recited) Governor Tim Walz, Emergency Executive Order 20-51 (May 5, 2020) (Ex. SEC-02-023) ordered: "1. Beginning on May 10, 2020 at 11:59 p.m., healthcare facilities providing procedures that utilize PPE or ventilators--whether veterinary, medical, or dental--must complete the requirements set forth in this Executive Order. 2.... Executive Orders 20-09 and 20-17 are rescinded as of May 10, 2020 at…" Enforcement: Minn. Stat. 12.45 The operative words of every other instrument of the quarter are quoted in section 5.

Step four, the quarter. The quarter's record runs from Jan. 1, 2021 to Mar. 31, 2021, 90 days. Executive Order No. 20-22 (Ex. SEC-02-032) was in force from Apr. 27, 2020 to June 30, 2021, 90 of the quarter's 90 days; Executive Order GA-19 (Ex. SEC-02-013) was in force from May 1, 2020 to Mar. 10, 2021, 69 of the quarter's 90 days; Emergency Executive Order 20-51 (Ex. SEC-02-023) was in force from May 10, 2020 to July 1, 2021, 90 of the quarter's 90 days. Of the 18 instruments in the quarter's record, 17 were in force on its first day, 14 on its last day and 14 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of a business of the Physician Practices industry; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the first quarter of 2021 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

Second quarter of 2021 (Apr. 1, 2021 to June 30, 2021)

Step one, the orders. In the second quarter of 2021 the Library holds 182 instruments in force for this selection: 17 instruments from the regulators of Physician Practices and Outpatient Care (Governor Kate Brown, Executive Order No. 20-22 (Apr. 27, 2020) (Ex. SEC-02-032); Governor Tim Walz, Emergency Executive Order 20-51 (May 5, 2020) (Ex. SEC-02-023); Occupational Safety and Health Administration, U.S. Department of Labor, COVID-19 Healthcare Emergency Temporary Standard, 29 C.F.R. 1910.502 (with 1910.504, 1910.505, 1910.509) (June 21, 2021) (Ex. SEC-02-001); and 14 more) and 165 federal instruments (Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas), OMB/OPM Memorandum M-20-23 (Apr. 20, 2020) (Ex. FED-268); CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168); Centers for Medicare & Medicaid Services, HHS, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-092); and 162 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions of business of the Physician Practices industry, as the Library records them: clinical intake and waiting room (CL; Ex. SEC-02-032, Ex. SEC-02-023, Ex. SEC-02-001, Ex. SEC-02-005 and 3 more); procedures and elective visits (PR; Ex. SEC-02-032, Ex. SEC-02-023, Ex. SEC-02-001, Ex. SEC-02-037); diagnostics and laboratory (DX; Ex. SEC-02-032, Ex. SEC-02-001, Ex. SEC-02-006); telehealth under waivers (TM; Ex. SEC-02-023, Ex. SEC-02-005, Ex. SEC-02-059, Ex. SEC-02-006 and 7 more); front desk and scheduling (FD; Ex. SEC-02-001, Ex. SEC-02-047, Ex. SEC-02-073); billing and administration (OF; Ex. SEC-02-023, Ex. SEC-02-001, Ex. SEC-02-005, Ex. SEC-02-059 and 6 more); PPE and supplies (SC; Ex. SEC-02-032, Ex. SEC-02-023, Ex. SEC-02-001, Ex. SEC-02-010); hiring, credentialing, training (HR; Ex. SEC-02-001, Ex. SEC-02-005, Ex. SEC-02-047); workforce availability (WF; Ex. SEC-02-001, Ex. SEC-02-047, Ex. SEC-02-073); patients, referral sources, employers, payers (CB; Ex. SEC-02-032, Ex. SEC-02-005, Ex. SEC-02-059, Ex. SEC-02-006 and 8 more).

Step three, the change compelled. Governor Kate Brown, Executive Order No. 20-22 (Apr. 27, 2020) (Ex. SEC-02-032) ordered: "1.a. Elective and non-urgent procedures across all care settings that utilize PPE, including but not limited to, hospitals, ambulatory surgery centers, outpatient clinics (including community health clinics and student health centers), dental clinics, and veterinary clinics shall not occur unless…" Enforcement: ORS 431A.010; ORS 401.990 Governor Tim Walz, Emergency Executive Order 20-51 (May 5, 2020) (Ex. SEC-02-023) ordered: "1. Beginning on May 10, 2020 at 11:59 p.m., healthcare facilities providing procedures that utilize PPE or ventilators--whether veterinary, medical, or dental--must complete the requirements set forth in this Executive Order. 2.... Executive Orders 20-09 and 20-17 are rescinded as of May 10, 2020 at…" Enforcement: Minn. Stat. 12.45 Occupational Safety and Health Administration, U.S. Department of Labor, COVID-19 Healthcare Emergency Temporary Standard, 29 C.F.R. 1910.502 (with 1910.504, 1910.505, 1910.509) (June 21, 2021) (Ex. SEC-02-001) ordered: "1910.502(a)(1): This section applies to all settings where any employee provides healthcare services or healthcare support services. (a)(2): This section does not apply to the following:... (iv) Non-hospital ambulatory care settings where all non-employees are screened prior to entry and people with…" Enforcement: 29 U.S.C. 666 civil penalties; OSHA inspection under the National Emphasis Program (DIR 2021-03) The operative words of every other instrument of the quarter are quoted in section 5.

Step four, the quarter. The quarter's record runs from Apr. 1, 2021 to June 30, 2021, 91 days. Executive Order No. 20-22 (Ex. SEC-02-032) was in force from Apr. 27, 2020 to June 30, 2021, 91 of the quarter's 91 days; Emergency Executive Order 20-51 (Ex. SEC-02-023) was in force from May 10, 2020 to July 1, 2021, 91 of the quarter's 91 days; COVID-19 Healthcare Emergency Temporary Standard, 29 C.F.R. 1910.502 (with 1910.504… (Ex. SEC-02-001) was in force from June 21, 2021 to Dec. 27, 2021, 10 of the quarter's 91 days. Of the 17 instruments in the quarter's record, 14 were in force on its first day, 16 on its last day and 13 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of a business of the Physician Practices industry; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the second quarter of 2021 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

Third quarter of 2021 (July 1, 2021 to Sept. 30, 2021)

Step one, the orders. In the third quarter of 2021 the Library holds 186 instruments in force for this selection: 19 instruments from the regulators of Physician Practices and Outpatient Care (Occupational Safety and Health Administration, U.S. Department of Labor, COVID-19 Healthcare Emergency Temporary Standard, 29 C.F.R. 1910.502 (with 1910.504, 1910.505, 1910.509) (June 21, 2021) (Ex. SEC-02-001); State Public Health Officer, CDPH, State Public Health Officer Order of July 26, 2021 (Unvaccinated Workers in High-Risk Settings) (Ex. SEC-02-046); State Public Health Officer and Director, California Department of Public Health (Tomas J. Aragon, M.D.), State Public Health Officer Order of August 5, 2021 (Health Care Worker Vaccine Requirement) (Aug. 5, 2021) (Ex. SEC-02-045); and 16 more) and 167 federal instruments (CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168); Centers for Medicare & Medicaid Services, HHS, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-092); CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3) (Ex. FED-156); and 164 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions of business of the Physician Practices industry, as the Library records them: clinical intake and waiting room (CL; Ex. SEC-02-001, Ex. SEC-02-046, Ex. SEC-02-045, Ex. SEC-02-030 and 10 more); procedures and elective visits (PR; Ex. SEC-02-001, Ex. SEC-02-079); diagnostics and laboratory (DX; Ex. SEC-02-001, Ex. SEC-02-006); telehealth under waivers (TM; Ex. SEC-02-005, Ex. SEC-02-006, Ex. SEC-02-007, Ex. SEC-02-009 and 3 more); front desk and scheduling (FD; Ex. SEC-02-001, Ex. SEC-02-045, Ex. SEC-02-051, Ex. SEC-02-047 and 2 more); billing and administration (OF; Ex. SEC-02-001, Ex. SEC-02-046, Ex. SEC-02-045, Ex. SEC-02-030 and 8 more); PPE and supplies (SC; Ex. SEC-02-001); hiring, credentialing, training (HR; Ex. SEC-02-001, Ex. SEC-02-046, Ex. SEC-02-045, Ex. SEC-02-030 and 7 more); workforce availability (WF; Ex. SEC-02-001, Ex. SEC-02-046, Ex. SEC-02-045, Ex. SEC-02-030 and 7 more); patients, referral sources, employers, payers (CB; Ex. SEC-02-051, Ex. SEC-02-005, Ex. SEC-02-006, Ex. SEC-02-007 and 5 more).

Step three, the change compelled. Occupational Safety and Health Administration, U.S. Department of Labor, COVID-19 Healthcare Emergency Temporary Standard, 29 C.F.R. 1910.502 (with 1910.504, 1910.505, 1910.509) (June 21, 2021) (Ex. SEC-02-001) ordered: "1910.502(a)(1): This section applies to all settings where any employee provides healthcare services or healthcare support services. (a)(2): This section does not apply to the following:... (iv) Non-hospital ambulatory care settings where all non-employees are screened prior to entry and people with…" Enforcement: 29 U.S.C. 666 civil penalties; OSHA inspection under the National Emphasis Program (DIR 2021-03) State Public Health Officer, CDPH, State Public Health Officer Order of July 26, 2021 (Unvaccinated Workers in High-Risk Settings) (Ex. SEC-02-046) ordered: "I. This Order applies to the following facilities:... C. Other Health Care Settings:... 13. Clinics & Doctor Offices (including behavioral health, surgical)... II. All facilities identified in this Order must verify vaccine status of all workers... III.A. All facilities identified in this Order must…" Enforcement: Health and Safety Code sec. 120275 et seq. State Public Health Officer and Director, California Department of Public Health (Tomas J. Aragon, M.D.), State Public Health Officer Order of August 5, 2021 (Health Care Worker Vaccine Requirement) (Aug. 5, 2021) (Ex. SEC-02-045) ordered: "NOW, THEREFORE, I, as State Public Health Officer of the State of California, order:... All workers who provide services or work in the facilities described [including] ix. Clinics & Doctor Offices (including behavioral health, surgical)... must have their first dose of a one-dose regimen or their…" Enforcement: Health and Safety Code sec. 120275 et seq. (misdemeanor) The operative words of every other instrument of the quarter are quoted in section 5.

Step four, the quarter. The quarter's record runs from July 1, 2021 to Sept. 30, 2021, 92 days. COVID-19 Healthcare Emergency Temporary Standard, 29 C.F.R. 1910.502 (with 1910.504… (Ex. SEC-02-001) was in force from June 21, 2021 to Dec. 27, 2021, 92 of the quarter's 92 days; State Public Health Officer Order of July 26, 2021 (Unvaccinated Workers in High-Risk… (Ex. SEC-02-046) was in force from July 26, 2021 to Sept. 17, 2022, 67 of the quarter's 92 days; State Public Health Officer Order of August 5, 2021 (Health Care Worker Vaccine… (Ex. SEC-02-045) was in force from Aug. 5, 2021 to Apr. 3, 2023, 57 of the quarter's 92 days. Of the 19 instruments in the quarter's record, 10 were in force on its first day, 19 on its last day and 10 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of a business of the Physician Practices industry; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the third quarter of 2021 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

9. The Service's sentences, answered for Physician Practices and Outpatient Care

The Service's letters and examination reports to employers in this industry rest on fourteen grounds, stated below in the Service's own vocabulary. Each is answered from the statute's text, from Tri-State, from the instruments in the Library and from the United States' own representations in Stenson Tamaddon, LLC v. IRS and Tri-State. None survives. The grounds are of three kinds: factual assertions about the record that the record contradicts; glosses on the statute that the statute does not contain and that the United States has represented have no force of law; and rules that the Service's own guidance states the other way. The Service is free to disagree about the weight of these instruments. It is not free to say they did not exist.

Each sentence below is stated in the Service's general vocabulary and answered from the industry analysis; the full answer, with its footnotes, is on the ground page linked beneath it.

Sentence 1: 1. No orders were in effect

There were no government orders related to COVID-19 in effect during the quarter which could have fully or partially suspended your trade or business.

The sentence is a factual assertion, and it is false for every quarter from the second quarter of 2020 through the third quarter of 2021 and for every State. The layers section lists the instruments by layer, the six quarters section by quarter, the State-by-State table by State and the quarter map by function. For the third quarter of 2021, the quarter for which the sentence is most often written, subpart B of the third quarter of 2021 section lists the OSHA Healthcare Emergency Temporary Standard, the federal conveyance, entry and border orders, the CMS facility rules, the health care worker vaccination-or-testing orders of fifteen States, the District of Columbia and Puerto Rico and the largest metros (seven of those jurisdictions naming clinics, doctors' offices or every licensed provider, the others binding hospitals, nursing homes and other licensed facilities) and the public-employee orders of North Carolina, Virginia, Minnesota and Hawaii, the health care face-covering requirements of every State that preserved them, the indoor face-covering reinstatements of seven States and the District of Columbia and the largest metros (infection-prevention and airborne-transmission controls on every clinical setting and every indoor public space), Pennsylvania's elective-reduction order to August 23, Washington's Proclamation 20-24.2, Maryland's directive, New Jersey's Directives and West Virginia's conditions, each with issuer, date, operative clause, compliance date, enforcement and status (Ex. SEC-02-001; Ex. FED-020; Ex. FED-094; Ex. SEC-02-045; Ex. SEC-02-038; Ex. SEC-02-019; Ex. SEC-02-051; Ex. SEC-02-030; Ex. PA-025; Ex. WA-049; Ex. NJ-084; Ex. WV-063). The United States told the District Court what the Service was doing with each claim.

A form sentence that names no order and consults no index is not that.

Read the full answer to sentence 1 and the record behind it →

Sentence 2: 2. The employer was essential

The employer was designated essential and remained open.

The statute contains no essential-employer exception; it asks whether the operation was partially suspended due to orders limiting commerce, travel or group meetings, and an employer permitted to remain open under conditions was suspended by the conditions. The Notice's own Q&A-11 excludes only an employer whose order "allows all of the employer's operations to remain open," and provides that an employer permitted to continue operations is partially suspended "if, under the facts and circumstances, more than a nominal portion of its business operations are suspended by a governmental order"; the United States quoted that sentence to the District Court as the rule the Service applies. The history confirms the point: as posted on April 29, 2020, FAQ 30 answered the essential-business question with a flat "No," and the qualifying sentence on which the Service now relies first appeared on June 19, 2020, after the second quarter of 2020 had begun and after the determinations for that quarter were being made. For this industry the designation was the premise of the orders, not an exemption from them: the procedure prohibitions, the resumption conditions, the health care face-covering requirements, the facility rules, the vaccination-or-testing orders and the OSHA standard were addressed to health care employers because they remained open (Ex. SEC-02-011; Ex. SEC-02-020; Ex. SEC-02-032; Ex. SEC-02-001; Ex. SEC-02-045; Ex. SEC-02-019). Tri-State was a hospital, an essential employer by every definition, and the court held its pleaded suspension sufficient. An employer that was ordered to postpone its procedures, screen its patients at the door, seat a third of its waiting room, allocate its PPE to others and exclude its unvaccinated staff was not unaffected because it was permitted to remain open; the word "essential" describes why the orders reached it, not why they did not.

Read the full answer to sentence 2 and the record behind it →

Sentence 3: 3. Stay-at-home orders directed to the public are not considered

Stay-at-home orders directed to the public are not considered; only orders directed at business operations count.

The clause reaches "orders from an appropriate governmental authority limiting commerce, travel, or group meetings (for commercial, social, religious, or other purposes)"; a stay-at-home order limits all three in terms, and the statute says nothing of the addressee. The Notice's own Q&A-10 lists "a State's emergency proclamation that residents must shelter in place for a specified period" and "an order from a local official imposing a curfew on residents" as governmental orders, and its Example 1 finds physical therapy and chiropractic offices suspended by a State order that closed them; the United States told the District Court that the qualifying instruments are "orders, proclamations, or decrees from the Federal government or any State or local government" that limited "commerce, travel, or group meetings," and told the Ninth Circuit that "a business may be suspended 'due to' a government order addressing a third party." As posted on April 29, 2020, FAQ 28 defined governmental orders as those that limit commerce, travel or group meetings "in a manner that affects an employer's operation of its trade or business, including orders that limit hours of operation"; the Notice changed "affects" to "relate to the suspension of" on March 1, 2021, after every 2020 determination had been made, and the United States has represented that the document carrying the change "lacks the force of law." For this industry the stay-at-home orders confined the practice's patients and staff (California's Executive Order N-33-20; Ex. NY-005; Illinois' Executive Order 2020-10; Ex. PA-006; Michigan's Executive Order 2020-21; Louisiana's Proclamation 33 JBE 2020; Maryland's Order No. 20-03-30-01; Virginia's Executive Order 55; Kansas' Executive Order 20-16; Hawaii's Third Supplementary Proclamation; Ex. MT-009; Ex. NV-012), and every one of them was accompanied by a sector order addressed to the practice itself. The Service cannot exclude from the statute the orders the statute names and the Service's own list includes.

Read the full answer to sentence 3 and the record behind it →

Sentence 4: 4. Comparable operations through telework

The employer could have continued comparable operations through telework.

"Comparable operations" and "telework" are not in the statute; a partial suspension is "a temporary delay, interruption, or termination of a portion an employer's business," and an operation the orders compelled to move to telecommunication is an operation the orders changed. The Notice's own rule applies only where operations "comparable to its operations prior to the closure" can be continued by telework; a procedure, an examination, an injection, a laboratory draw, a manipulation, a fitting, an imaging study or a supervised therapy session cannot be, and the Notice's Q&A-16(4) treats a transition to telework that takes more than two weeks as itself a partial suspension. The four comparable-operations factors and the transition sentence first appeared in the Notice on March 1, 2021; as posted in 2020, the FAQs contained neither. For this industry telehealth existed in 2020 and 2021 only because federal and State orders permitted it and on the conditions those orders fixed (Ex. SEC-02-005; Ex. SEC-02-006; Ex. SEC-02-007; Ex. SEC-02-008; Ex. AGY-FED-HEALTH-OTHER-009; Ex. SEC-02-059; Ex. IL-068), and the published data show that in-person visits fell by nearly 60 percent in the spring of 2020 while telehealth replaced a fraction of them. The ground answers a question the statute does not ask, with a rule the Notice states the other way for an operation that cannot be performed by telephone.

Read the full answer to sentence 4 and the record behind it →

Sentence 5: 5. The orders affected customers, not the employer

The orders affected the employer's customers, not the employer (Q&A-13).

An order that confines a practice's patients to their homes, that bars them from a venue without proof of vaccination, that quarantines them for fourteen days or that closes the schools that bring them to the pediatrician is an order "limiting commerce, travel, or group meetings," and the commerce it limits is the practice's. The statute asks only whether the operation was suspended because of the order; Tri-State holds the standard to be but-for causation. Q&A-13 by its own terms addresses an employer that "responds to the lack of demand by suspending some or all of its operations" and claims a suspension for that reason alone; it has no application to an employer that was itself the object of a procedure order, a face-covering order, a facility rule, a workplace standard or a vaccination order, and every employer in this industry was. The history confirms the point: as posted on April 29, 2020, FAQ 32 confined the customer exclusion to "an essential business that is not required to close its physical locations or otherwise suspend its operations" and to a suspension claimed "for the sole reason" of the customers' stay-at-home order; the Notice extended it to every employer and to any "reduction in demand" on March 1, 2021. The United States has represented that "a business may be suspended 'due to' a government order addressing a third party," and Q&A-12 honors orders on suppliers; Q&A-13 cannot be reconciled with either, and where it conflicts with the text the text governs. The ground mistakes the addressee of an order for its effect, and the statute asks about the effect.

Read the full answer to sentence 5 and the record behind it →

Sentence 6: 6. The measures were voluntary

The employer's measures were voluntary (Q&A-14).

"Voluntary" is not in the statute; "due to" is, and it means but-for causation. Q&A-14 by its own terms reaches only a suspension "not due to a governmental order." A practice that postponed its procedures under GA-09, screened its patients under the OSHA standard, seated a third of its waiting room under the resumption orders, masked its staff under the health care face-covering orders, one of the infection-prevention controls those orders imposed, excluded its exposed staff under § 3205 and tested its unvaccinated staff weekly under EO 252 did none of those things voluntarily; it did them because orders required them, and but for the orders no law required them (Ex. SEC-02-011; Ex. SEC-02-001; Ex. SEC-02-032; Ex. SEC-02-073; Ex. SEC-02-047; Ex. SEC-02-019). Tri-State refused the United States' argument that the hospital's changes were caused by the virus rather than the orders: "the required protocols and procedures to comply with the Proclamation were not" caused by COVID-19 illness, "[s]ick patients and employees alone did not require additional protocols," and on the United States' theory "there are not many businesses or any business that would be eligible under the ERC at all." A modification an order compelled is not a choice, and the Service's characterization of it as one is a characterization the court that examined it has already refused.

Q&A-14 reaches, by its own terms, only a suspension "not due to a governmental order" (Notice 2021-20, Q&A-14, at 929), and the United States and the District Court have defined the excluded employer as one "not being ordered to do so" and as one that "could nonetheless, with telework, 'continue operations comparable to its operations prior to the closure' but chooses not to." No practice in the seven States whose standing duties are set out above answered that description in any of the six quarters. In Texas the reopening orders permitted operation only on conditions with the force of law (Ex. SEC-02-011; Executive Orders GA-28 and GA-29; Ex. DUT-TX-012). The standing statutes commanded the same conduct independently: the Communicable Disease Prevention and Control Act, under which "Each person shall act responsibly to prevent and control communicable disease" (Health and Safety Code §§ 81.002, 81.082 to 81.087, Ex. DUT-TX-001; Ex. DUT-TX-006), the workplace-safety duty of Labor Code § 411.103 (Ex. DUT-TX-013), the Medical Board's emergency standard of practice (Ex. AGY-ST-HEALTH-BOARDS-046) and the general duty clause, enforced by citation from September 2020 and, in every clinic, by the Healthcare Emergency Temporary Standard from June 21, 2021 (Ex. DUT-FED-001; Ex. LAW-487; Ex. SEC-02-001). The Legislature then fixed the standard of care as compliance with "government-promulgated standards, guidance, or protocols," for every action commenced on or after March 13, 2020 (Ex. DUT-TX-015). Florida, California, New York, New Jersey, Arizona and Colorado bound their practices the same way, and the standing-duties subsection above sets out each command with its exhibit. The safe-workplace statutes had no COVID-19 content until the health authorities said what a safe and healthful clinic required; the measures were taken because those directives defined the duty and would not have been taken without them. "Due to" is but-for causation (Tri-State, ECF No. 38, at 17-19), and the causation runs from the command to the measure without an intervening choice; the Notice's own words confirm it, treating a modification "required by a governmental order as a condition of reopening" as a partial suspension due to the order (Q&A-18, at 930). A statute that commands conduct is an order from an appropriate governmental authority, and the Service's characterization of compliance as choice fails wherever a command reached the employer, which in this industry was everywhere, in every quarter.

Read the full answer to sentence 6 and the record behind it →

Sentence 7: 7. Not more than nominal; the 10 percent figure

The portion of the business affected was not more than nominal (the 10 percent figure applied as a floor).

The statute contains no percentage; Congress placed its numerical thresholds in the gross-receipts prong alone, and Tri-State refused to read a percentage into the suspension prong: "If the court were to do this, it would read requirements into the statute that do not exist." The United States has represented in two courts that the figure is a safe harbor and not a requirement.

It told the District Court that "the IRS did not say that a taxpayer cannot qualify for the ERC if they have been impacted less than 10 percent," told the Ninth Circuit that the figure is "a quintessential safe harbor" and "a safe harbor rather than a hard floor," and the District Court held the figure "not an exclusionary cut-off point." This analysis holds the United States to those representations; judicial estoppel is available against the contrary position on which the letters rest, and the statements are admissions of a party-opponent. The history confirms the point: as posted on April 29, 2020, the FAQs contained no "nominal" test and no percentage; "more than a nominal" first appeared on June 19, 2020; the two 10 percent deeming rules first appeared in the Notice on March 1, 2021; and the Service's current FAQ page and its Chief Counsel memorandum of October 18, 2023 nonetheless administer the figure as the definition of "more than nominal," while the United States has identified no instance in which a claim was allowed below it. For this industry the showing exceeds the safe harbor many times over: the procedure orders terminated the function that produces the majority of a procedural practice's revenue for four to ten weeks and conditioned it for a year; the industry's own data record a decline in visits of nearly 60 percent in the spring of 2020; and the OSHA standard, the face-covering and exposure-control orders and the vaccination orders governed every visit and every employee in the third quarter of 2021. This analysis discusses the figure only as the United States' safe harbor; a number that "isn't an eligibility requirement" cannot be the ground on which any employer's claim is decided.

Read the full answer to sentence 7 and the record behind it →

Sentence 8: 8. The modifications were nominal

The required modifications (masks, gloves, spacing, screening) had only a nominal effect on operations (Q&A-18).

The statute has no nominal-effect requirement; a partial suspension is "a temporary delay, interruption, or termination of a portion an employer's business," and Tri-State refused the United States' attempt "to conflate 'more than nominal' to suggest that it means 'significant.'" The Notice's own Q&A-18 lists "limiting occupancy to provide for social distancing, requiring services to be performed only on an appointment basis... or requiring employees and customers to wear face coverings" as modifications "required by a governmental order as a condition of reopening a physical space for business or service to the public," and treats a modification that reduces the customers a business can serve or the services it can provide as more than nominal; every one of those modifications was imposed on this industry by the resumption orders of 2020, by the health care face-covering orders of 2021, which were workplace infection-prevention and exposure-control requirements on every clinical setting, and by the OSHA standard's screening, distancing, barrier and removal rules (Ex. SEC-02-013; Ex. SEC-02-032; Ex. WA-032; Ex. SEC-02-073; Ex. SEC-02-001). The categorical sentence on masks and one-way aisles on which the Service relies first appeared in the Notice on March 1, 2021, after the 2020 determinations; it is a factual conclusion stated without facts, and the United States has told the Ninth Circuit that "no facts or data" were needed to state it. For a clinic the modifications are not a mask and a sign: a six-foot rule in a waiting room built for twelve removes eight chairs; a screening protocol at the door adds minutes to every arrival and turns away the symptomatic; an appointment-only rule ends walk-in care; a barrier at reception changes how every registration is done; the removal of an exposed employee with pay removes a provider from the schedule for a week; and a weekly testing cycle for every unvaccinated employee is a standing cost imposed by order. The Service's own guidance describes those modifications as compelled and as more than nominal, and the Service is bound by it.

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Sentence 9: 9. A declaration of emergency is not an order

A declaration of emergency is not an order (Q&A-10).

The point is agreed and irrelevant. This analysis treats no bare declaration as a suspending order; it treats the emergency declarations as the predicates for the orders issued under them, and it relies on the orders. Q&A-10 itself lists "a State's emergency proclamation that residents must shelter in place for a specified period" as a governmental order, which is to say that a proclamation that contains a limitation on commerce, travel or group meetings is an order whatever its caption. The federal declarations of January 31 and March 13, 2020 were the predicates for the section 1135 waivers, the Defense Production Act orders and the Stafford Act deployments; the State declarations were the predicates for the procedure orders, the resumption conditions, the face-covering orders and the vaccination orders on which this analysis relies (Ex. FED-010; Ex. FED-001; Ex. FED-006; Ex. TX-001; Ex. NJ-001; Ex. GA-001; Ex. FL-001). Where a declaration itself limited commerce, travel or group meetings, as Hawaii's supplementary proclamations, Louisiana's proclamations, Iowa's disaster proclamations and Delaware's modifications did in their operative paragraphs, it is treated as an order because it is one (Ex. HI-003; Ex. LA-038; Ex. SEC-02-042; Ex. DE-006). The Service's ground answers an argument this analysis does not make and leaves the orders it does rely on untouched.

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Sentence 10: 10. The supplier was not closed; supply-chain effects are attenuated

The supplier was not itself closed by order; supply-chain effects are too attenuated (AM 2023-005).

Q&A-12 provides that an employer "may be considered to have a full or partial suspension of operations due to a governmental order if... the business's suppliers are unable to make deliveries of critical goods or materials due to a governmental order that causes the supplier to suspend its operations," and the United States told the Ninth Circuit that the rule "never even mentions a 'physical[ ] clos[ure]' order against the supplier" and that "a business may be suspended 'due to' a government order addressing a third party." AM 2023-005 says of itself that it "may not be used or cited as precedent"; it adds to Q&A-12 an "alternate supplier" element and a requirement that the employer possess and produce the supplier's order, neither of which appears in the Notice or in the United States' briefs; and Tri-State refused to give weight to a Chief Counsel memorandum bearing the same disclaimer. For this industry the supply-chain orders were not attenuated; they were addressed to the practice's supplies by name. The scarce-materials designation of March 25, 2020 listed N95 respirators, surgical masks, gloves, gowns, face shields and disinfectants and ran to November 15, 2021; the FEMA allocation and export rule governed every shipment of covered PPE to June 30, 2021; the Defense Production Act orders directed those supplies to hospitals; New Mexico regulated the sale and distribution of PPE by order; and the resumption orders made a PPE inventory a condition of resuming procedures, so that the allocation orders and the resumption orders operated together on the same function (Ex. FED-074; Ex. ECO-A-071; Ex. SEC-02-010; Ex. FED-078; Ex. FED-070; Ex. NM-008; Ex. SEC-02-013; Ex. SEC-02-032). The causation standard is but-for, and the Chief Counsel memorandum the Service cites is one it cannot cite.

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Sentence 11: 11. The orders had lifted; residual delay

The orders had lifted before the quarter began; any effect was a "residual delay" of a prior quarter's order.

Three answers, each sufficient, stated in full in the ecosystem section and in subpart D of the third quarter of 2021 section. First, the orders had not lifted: in every quarter through the third quarter of 2021 orders were in force on every day that reached this industry's functions, and the six quarters section lists them with their status on the quarter's first and last days (Ex. SEC-02-001; Ex. FED-020; Ex. WA-049; Ex. NJ-084; Ex. PA-025; Ex. WV-063; Ex. SEC-02-045; Ex. SEC-02-038; Ex. SEC-02-019; Ex. SEC-02-051; Ex. SEC-02-030). Second, the text: "during the calendar quarter" modifies "suspended," Congress did not write "orders in effect during the calendar quarter," and Tri-State defines a suspension to include a "delay" and fixes causation as but-for; a delay in restoring an operation that an order dismantled is a suspension during the quarter due to the order. Third, the Notice: Q&A-22 makes an employer suspended for part of a quarter eligible for the whole of it, and Q&A-16(4) treats the transition period after an order operates as itself a partial suspension. The sentence in AM 2023-005 on which the ground rests states that "residual delays caused by a governmental order in place during a prior calendar quarter will not constitute a governmental order in subsequent calendar quarters once the order has been lifted"; the statute asks a different question, whether the operation was suspended during the quarter due to orders, and a Chief Counsel memorandum that answers the wrong question cannot be cited as precedent by its own terms. This analysis does not say that an expired order suspended anyone by its own force; it says that the suspension the order caused continued because of it for the period the order's own reopening steps took, and that on every day of that period other orders were in force. The Service's phrase describes a continuing suspension, and a continuing suspension is a suspension.

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Sentence 12: 12. No decline in gross receipts

The employer did not experience the required decline in gross receipts.

The suspension prong does not depend on the gross-receipts prong. The clause provides two independent routes to eligibility, joined by "or," and Tri-State held them independent "by Defendant's admission," finding "even Defendant's own argument is contradictory" when the United States argued that the gross-receipts prong narrowed the suspension prong. An employer eligible under the suspension prong is eligible whatever its receipts; Congress placed its numerical thresholds in the gross-receipts prong alone, and the United States itself told the District Court that an employer "could have been partially suspended, under the facts and circumstances, even if only suffering, say, a six percent reduction in gross receipts." The ground measures the claim against a prong the claim does not invoke.

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Sentence 13: 13. The instruments were guidance, not orders

The instruments relied on are guidance, recommendations or best practices, not orders.

The instruments this analysis relies on are orders. The OSHA standard is a rule promulgated under 29 U.S.C. § 655(c) and enforced by citation under 29 U.S.C. § 666 (Ex. SEC-02-001; Ex. FED-081). The State procedure orders were executive orders, health officer orders and directives enforced by criminal penalty and licensure (Texas Government Code § 418.173; N.J.S.A. App. A:9-49; Cal. Health and Safety Code § 120275; 20 ILCS 3305/19) (Ex. SEC-02-011; Ex. SEC-02-017; Ex. DUT-CA-003). The vaccination orders are regulations and executive orders enforced by licensure and penalty (10 NYCRR 2.61; 216-RICR-20-15-8; 6 CCR 1011-1; 10-144 C.M.R. ch. 264) (Ex. SEC-02-038; Ex. SEC-02-071; Ex. CO-055). The CMS rules are conditions of participation published in the Federal Register (Ex. FED-090; Ex. FED-094). The workplace standards are regulations adopted under rulemaking authority (Ex. SEC-02-047; Virginia's 16VAC25-220, as documented in the Safety and Health Codes Board's Briefing Package of June 23, 2020, Ex. AGY-ST-LABOR-WORKPLACE-001; Ex. AGY-ST-LABOR-WORKPLACE-054). Where a federal recommendation is in the chain, the State order that adopted it made it mandatory, and the Notice's own Example 1 to Q&A-10 treats such an order as an order. Where this analysis names a department's checklist, protocol, toolkit or decision tree, it relies on the order that required its use and names that order; the document is the content of the order, not a substitute for it. Where no order required it, the document is stated as a fact and circumstance and appears in no inventory of orders in force. Q&A-10 provides that an order qualifies "without regard to the level of enforcement," and the United States told the District Court that "orders that were otherwise directed at business operations (operational hours, space, etc.) would also be considered." The Service's practice of describing a regulation as "guidance" because it was published by a health department rather than signed by a governor has no basis in the statute, the Notice or the instruments; each exhibit in the Library records its issuer, its authority and its enforcement provision, and the Service is free to read them.

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Sentence 14: 14. "Order" must be given its ordinary meaning

"Order" must be given its ordinary meaning.

Agreed, and applied. In its ordinary meaning an order is a command or direction issued by one with authority, and a governmental order is such a command issued by a governmental authority; the dictionary definitions collected in the statute analysis say so, and Tri-State read the clause by "plain meaning" on the parties' agreement that no part of it is ambiguous. Applied to the instruments listed in this analysis, the ordinary meaning includes every executive order, proclamation, health officer order, directive, emergency regulation, standard, rule, directed health measure, mandate, administrative order and general order in the Library, because each commands conduct on the authority of a government; it excludes press statements, on which this analysis does not rely. The ordinary meaning of "order" also includes an order addressed to a third party, an order issued by a federal agency, an order issued by a health officer, a court or a school board, and an order that limits commerce by conditioning it rather than by prohibiting it; the Service's glosses that exclude those categories depart from the ordinary meaning the Service invokes. The word means what it says, and what it says covers the instruments in the layers section.

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10. Exhibit list

Every instrument cited in this report, by exhibit identifier: 368 records, of which The COVID Project holds the document for 358. The record URL opens the instrument's page in the Library; the exhibit URL opens the document itself where it is held.

Exhibit	Instrument	Issuer	Date	Citation	Record URL	Exhibit file
Ex. AGY-FED-HEALTH-OTHER-009	DEA-DC-016, COVID-19 Information Page: Telemedicine (designation that the section 802(54)(D) telemedicine allowance applies to all schedule II-V controlled…	Drug Enforcement Administration, Diversion Control Division (with the HHS Secretary's designation of Mar. 16, 2020)	Mar. 16, 2020	Drug Enforcement Administration, Diversion Control Division (with the HHS Secretary's designation of Mar. 16, 2020), DEA-DC-016, COVID-19 Information Page: Telemedicine (designation that the section 802(54)(D) telemedicine allowance applies to all schedule II-V controlled substances in all areas of the United States) (Mar. 16, 2020) (Ex. AGY-FED-HEALTH-OTHER-009)	/library/AGY-FED-HEALTH-OTHER-009	/exhibit/AGY-FED-HEALTH-OTHER-009
Ex. AGY-ST-HEALTH-BOARDS-046	Emergency rule amending 22 TAC § 190.8(2)(U): Notice and Compliance Requirements Concerning COVID-19 Minimum Standards of Safe Practice (press release of Apr.…	Texas Medical Board, Executive Committee	Apr. 30, 2020	Texas Medical Board, Executive Committee, Emergency rule amending 22 TAC § 190.8(2)(U): Notice and Compliance Requirements Concerning COVID-19 Minimum Standards of Safe Practice (press release of Apr. 30, 2020 quoting the rule) (Ex. AGY-ST-HEALTH-BOARDS-046)	/library/AGY-ST-HEALTH-BOARDS-046	/exhibit/AGY-ST-HEALTH-BOARDS-046
Ex. AGY-ST-LABOR-WORKPLACE-001	Briefing Package: Emergency Temporary Standard / Emergency Regulation, Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19, 16VAC25-220 (Board…	Virginia Department of Labor and Industry for the Safety and Health Codes Board	June 23, 2020	Virginia Department of Labor and Industry for the Safety and Health Codes Board, Briefing Package: Emergency Temporary Standard / Emergency Regulation, Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19, 16VAC25-220 (Board meeting June 24, 2020, continued June 29 and July 15, 2020) (June 23, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-001)	/library/AGY-ST-LABOR-WORKPLACE-001	/exhibit/AGY-ST-LABOR-WORKPLACE-001
Ex. AGY-ST-LABOR-WORKPLACE-054	Emergency rule WAC 296-800-14035, CR-103E Rule-making Order AO21-24 (adopted July 6, 2021) implementing Proclamation 20-25.14 (Washington Ready)	Department of Labor and Industries	July 6, 2021	Department of Labor and Industries, Emergency rule WAC 296-800-14035, CR-103E Rule-making Order AO21-24 (adopted July 6, 2021) implementing Proclamation 20-25.14 (Washington Ready) (Ex. AGY-ST-LABOR-WORKPLACE-054)	/library/AGY-ST-LABOR-WORKPLACE-054	/exhibit/AGY-ST-LABOR-WORKPLACE-054
Ex. CO-055	Emergency rule, 6 CCR 1011-1, Chapter 2, Part 12	Colorado State Board of Health (rule enforced by CDPHE Health Facilities and Emergency Medical Services Division)	Aug. 30, 2021	Colorado State Board of Health (rule enforced by CDPHE Health Facilities and Emergency Medical Services Division), Emergency rule, 6 CCR 1011-1, Chapter 2, Part 12 (Aug. 30, 2021) (Ex. CO-055)	/library/CO-055	/exhibit/CO-055
Ex. DE-006	Fifth Modification of the Declaration of a State of Emergency	Governor John C. Carney	Mar. 22, 2020	Governor John C. Carney, Fifth Modification of the Declaration of a State of Emergency (Mar. 22, 2020) (Ex. DE-006)	/library/DE-006	/exhibit/DE-006
Ex. DUT-CA-003	Statute: Health and Safety Code, Division 105, Part 1, Chapter 4 (sections 120275-120305), penalties for violating communicable-disease control orders and…	California Legislature (codified text published by the Legislative Counsel)	standing	California Legislature (codified text published by the Legislative Counsel), Statute: Health and Safety Code, Division 105, Part 1, Chapter 4 (sections 120275-120305), penalties for violating communicable-disease control orders and regulations (standing) (Ex. DUT-CA-003)	/library/DUT-CA-003	/exhibit/DUT-CA-003
Ex. DUT-FED-001	29 U.S.C. 654 (OSH Act § 5, the general duty clause)	Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593)	standing	Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001)	/library/DUT-FED-001	/exhibit/DUT-FED-001
Ex. DUT-TX-001	Tex. Health & Safety Code § 81.002	Texas Legislature (Health and Safety Code, Title 2, Subtitle D, Chapter 81, Communicable Disease Prevention and Control Act)	standing	Texas Legislature (Health and Safety Code, Title 2, Subtitle D, Chapter 81, Communicable Disease Prevention and Control Act), Tex. Health & Safety Code § 81.002 (standing) (Ex. DUT-TX-001)	/library/DUT-TX-001	/exhibit/DUT-TX-001
Ex. DUT-TX-006	Tex. Health & Safety Code § 81.087	Texas Legislature (Health and Safety Code ch. 81, Subchapter E)	standing	Texas Legislature (Health and Safety Code ch. 81, Subchapter E), Tex. Health & Safety Code § 81.087 (standing) (Ex. DUT-TX-006)	/library/DUT-TX-006	/exhibit/DUT-TX-006
Ex. DUT-TX-012	Tex. Gov't Code § 418.173	Texas Legislature (Government Code ch. 418)	standing	Texas Legislature (Government Code ch. 418), Tex. Gov't Code § 418.173 (standing) (Ex. DUT-TX-012)	/library/DUT-TX-012	/exhibit/DUT-TX-012
Ex. DUT-TX-013	Tex. Labor Code § 411.103	Texas Legislature (Labor Code ch. 411, Workers' Health and Safety, Subchapter H, General Requirements Relating to Occupational Health and Safety)	standing	Texas Legislature (Labor Code ch. 411, Workers' Health and Safety, Subchapter H, General Requirements Relating to Occupational Health and Safety), Tex. Labor Code § 411.103 (standing) (Ex. DUT-TX-013)	/library/DUT-TX-013	/exhibit/DUT-TX-013
Ex. DUT-TX-015	Tex. Civ. Prac. & Rem. Code § 148.003	Texas Legislature (Civil Practice and Remedies Code ch. 148, Liability During Pandemic Emergency, added by S.B. 6)	standing	Texas Legislature (Civil Practice and Remedies Code ch. 148, Liability During Pandemic Emergency, added by S.B. 6), Tex. Civ. Prac. & Rem. Code § 148.003 (standing) (Ex. DUT-TX-015)	/library/DUT-TX-015	/exhibit/DUT-TX-015
Ex. ECO-A-071	Extension of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures; Extension of Effective Date With…	Secretary of Health and Human Services (Xavier Becerra)	July 7, 2021	Secretary of Health and Human Services (Xavier Becerra), Extension of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures; Extension of Effective Date With Modifications, 86 Fed. Reg. 35810 (July 7, 2021) (Ex. ECO-A-071)	/library/ECO-A-071	/exhibit/ECO-A-071
Ex. FED-001	Proclamation 9994	President Donald J. Trump	Mar. 13, 2020	President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)	/library/FED-001	/exhibit/FED-001
Ex. FED-002	Notice of February 24, 2021	President Joseph R. Biden, Jr.	Feb. 24, 2021	President Joseph R. Biden, Jr, Notice of February 24, 2021 (Feb. 24, 2021) (Ex. FED-002)	/library/FED-002	/exhibit/FED-002
Ex. FED-006	Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per…	President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator)	Mar. 13, 2020	President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)	/library/FED-006	/exhibit/FED-006
Ex. FED-007	Memorandum of January 21, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Defense and the Secretary of Homeland Security)	Jan. 21, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Defense and the Secretary of Homeland Security), Memorandum of January 21, 2021 (Jan. 21, 2021) (Ex. FED-007)	/library/FED-007	/exhibit/FED-007
Ex. FED-009	Memorandum of August 17, 2021	President Joseph R. Biden, Jr.	Aug. 17, 2021	President Joseph R. Biden, Jr, Memorandum of August 17, 2021 (Aug. 17, 2021) (Ex. FED-009)	/library/FED-009	/exhibit/FED-009
Ex. FED-010	Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus	Alex M. Azar II, Secretary of Health and Human Services	Jan. 31, 2020	Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)	/library/FED-010	/exhibit/FED-010
Ex. FED-011	Renewal of Determination that a Public Health Emergency Exists (April 21, 2020)	Alex M. Azar II, Secretary of HHS	Apr. 21, 2020	Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (April 21, 2020) (Apr. 21, 2020) (Ex. FED-011)	/library/FED-011	/exhibit/FED-011
Ex. FED-012	Renewal of Determination that a Public Health Emergency Exists (July 23, 2020)	Alex M. Azar II, Secretary of HHS	July 23, 2020	Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (July 23, 2020) (Ex. FED-012)	/library/FED-012	/exhibit/FED-012
Ex. FED-013	Renewal of Determination that a Public Health Emergency Exists (October 2, 2020)	Alex M. Azar II, Secretary of HHS	Oct. 2, 2020	Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (October 2, 2020) (Oct. 2, 2020) (Ex. FED-013)	/library/FED-013	/exhibit/FED-013
Ex. FED-014	Renewal of Determination that a Public Health Emergency Exists (January 7, 2021)	Alex M. Azar II, Secretary of HHS	Jan. 7, 2021	Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (January 7, 2021) (Jan. 7, 2021) (Ex. FED-014)	/library/FED-014	/exhibit/FED-014
Ex. FED-015	Renewal of Determination that a Public Health Emergency Exists (April 15, 2021)	Xavier Becerra, Secretary of HHS	Apr. 15, 2021	Xavier Becerra, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (April 15, 2021) (Apr. 15, 2021) (Ex. FED-015)	/library/FED-015	/exhibit/FED-015
Ex. FED-016	Renewal of Determination that a Public Health Emergency Exists (July 19, 2021)	Xavier Becerra, Secretary of HHS	July 19, 2021	Xavier Becerra, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (July 19, 2021) (Ex. FED-016)	/library/FED-016	/exhibit/FED-016
Ex. FED-020	CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021)	Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021)	Jan. 29, 2021	Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021), CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021) (Jan. 29, 2021) (Ex. FED-020)	/library/FED-020	/exhibit/FED-020
Ex. FED-022	CDC Order: Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19	Centers for Disease Control and Prevention, HHS (signed by the CDC Director Sept. 1, 2020)	Sept. 1, 2020	Centers for Disease Control and Prevention, HHS (signed by the CDC Director Sept. 1, 2020), CDC Order: Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19 (Sept. 1, 2020) (Ex. FED-022)	/library/FED-022	/exhibit/FED-022
Ex. FED-023	CDC Order extending the Temporary Halt in Residential Evictions (Jan. 29, 2021)	Centers for Disease Control and Prevention, HHS	Jan. 29, 2021	Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (Jan. 29, 2021) (Ex. FED-023)	/library/FED-023	/exhibit/FED-023
Ex. FED-024	CDC Order extending the Temporary Halt in Residential Evictions (Mar. 29, 2021)	Centers for Disease Control and Prevention, HHS	Mar. 29, 2021	Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (Mar. 29, 2021) (Ex. FED-024)	/library/FED-024	/exhibit/FED-024
Ex. FED-025	CDC Order extending the Temporary Halt in Residential Evictions (June 24, 2021)	Centers for Disease Control and Prevention, HHS	June 24, 2021	Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (June 24, 2021) (Ex. FED-025)	/library/FED-025	/exhibit/FED-025
Ex. FED-026	CDC Order: Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19	Centers for Disease Control and Prevention, HHS	Aug. 3, 2021	Centers for Disease Control and Prevention, HHS, CDC Order: Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19 (Aug. 3, 2021) (Ex. FED-026)	/library/FED-026	/exhibit/FED-026
Ex. FED-027	CDC No Sail Order and Suspension of Further Embarkation	Centers for Disease Control and Prevention, HHS (CDC Director)	Mar. 14, 2020	Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027)	/library/FED-027	/exhibit/FED-027
Ex. FED-028	No Sail Order; Notice of Modification and Extension (Apr. 9, 2020)	Centers for Disease Control and Prevention, HHS	Apr. 9, 2020	Centers for Disease Control and Prevention, HHS, No Sail Order; Notice of Modification and Extension (Apr. 9, 2020) (Ex. FED-028)	/library/FED-028	/exhibit/FED-028
Ex. FED-029	No Sail Order; Second Modification and Extension (July 16, 2020)	Centers for Disease Control and Prevention, HHS	July 16, 2020	Centers for Disease Control and Prevention, HHS, No Sail Order; Second Modification and Extension (July 16, 2020) (Ex. FED-029)	/library/FED-029	/exhibit/FED-029
Ex. FED-030	No Sail Order; Third Modification and Extension (Sept. 30, 2020)	Centers for Disease Control and Prevention, HHS	Sept. 30, 2020	Centers for Disease Control and Prevention, HHS, No Sail Order; Third Modification and Extension (Sept. 30, 2020) (Ex. FED-030)	/library/FED-030	/exhibit/FED-030
Ex. FED-031	CDC Framework for Conditional Sailing Order	Centers for Disease Control and Prevention, HHS	Oct. 30, 2020	Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)	/library/FED-031	/exhibit/FED-031
Ex. FED-032	Notice: Conditional Sailing Order Technical Instructions and Operations Manual	Centers for Disease Control and Prevention, HHS	May 5, 2021	Centers for Disease Control and Prevention, HHS, Notice: Conditional Sailing Order Technical Instructions and Operations Manual (May 5, 2021) (Ex. FED-032)	/library/FED-032	/exhibit/FED-032
Ex. FED-034	CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order')	Centers for Disease Control and Prevention, HHS (CDC Director)	Mar. 20, 2020	Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034)	/library/FED-034	/exhibit/FED-034
Ex. FED-036	Amendment and Extension of Order Suspending Introduction of Certain Persons (May 19, 2020)	Centers for Disease Control and Prevention, HHS	May 19, 2020	Centers for Disease Control and Prevention, HHS, Amendment and Extension of Order Suspending Introduction of Certain Persons (May 19, 2020) (Ex. FED-036)	/library/FED-036	/exhibit/FED-036
Ex. FED-037	CDC Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Oct. 13, 2020)	Centers for Disease Control and Prevention, HHS	Oct. 13, 2020	Centers for Disease Control and Prevention, HHS, CDC Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Oct. 13, 2020) (Ex. FED-037)	/library/FED-037	/exhibit/FED-037
Ex. FED-038	Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021)	Centers for Disease Control and Prevention, HHS	Aug. 2, 2021	Centers for Disease Control and Prevention, HHS, Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021) (Ex. FED-038)	/library/FED-038	/exhibit/FED-038
Ex. FED-039	Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign…	Centers for Disease Control and Prevention, HHS	Mar. 20, 2020	Centers for Disease Control and Prevention, HHS, Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes (42 C.F.R. § 71.40) (Mar. 20, 2020) (Ex. FED-039)	/library/FED-039	/exhibit/FED-039
Ex. FED-040	CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result for All Airline Passengers Arriving Into the United States From the United Kingdom	Centers for Disease Control and Prevention, HHS	Dec. 25, 2020	Centers for Disease Control and Prevention, HHS, CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result for All Airline Passengers Arriving Into the United States From the United Kingdom (Dec. 25, 2020) (Ex. FED-040)	/library/FED-040	/exhibit/FED-040
Ex. FED-041	CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery for All Airline or Other Aircraft Passengers Arriving Into…	Centers for Disease Control and Prevention, HHS	Jan. 12, 2021	Centers for Disease Control and Prevention, HHS, CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery for All Airline or Other Aircraft Passengers Arriving Into the United States From Any Foreign Country (Jan. 12, 2021) (Ex. FED-041)	/library/FED-041	/exhibit/FED-041
Ex. FED-042	CDC Amended Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft…	Centers for Disease Control and Prevention, HHS (signed Jan. 25, 2021 by the Acting CDC Chief of Staff; dated Jan. 26, 2021)	Jan. 25, 2021	Centers for Disease Control and Prevention, HHS (signed Jan. 25, 2021 by the Acting CDC Chief of Staff; dated Jan. 26, 2021), CDC Amended Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft Passengers Arriving Into the United States From Any Foreign Country (Jan. 25, 2021) (Ex. FED-042)	/library/FED-042	/exhibit/FED-042
Ex. FED-048	Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of the Right To Introduce and Prohibition of Introduction of Persons Into United…	Centers for Disease Control and Prevention, HHS	Sept. 11, 2020	Centers for Disease Control and Prevention, HHS, Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of the Right To Introduce and Prohibition of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes (42 C.F.R. § 71.40) (Sept. 11, 2020) (Ex. FED-048)	/library/FED-048	/exhibit/FED-048
Ex. FED-050	TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD…	Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator)	Jan. 31, 2021	Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator), TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-050)	/library/FED-050	/exhibit/FED-050
Ex. FED-051	Security Directive SD 1582/84-21-01A, Security Measures - Mask Requirements	Transportation Security Administration, DHS	Apr. 30, 2021	Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01A, Security Measures - Mask Requirements (Apr. 30, 2021) (Ex. FED-051)	/library/FED-051	/exhibit/FED-051
Ex. FED-052	Security Directive SD 1582/84-21-01B, Security Measures - Mask Requirements	Transportation Security Administration, DHS	Aug. 20, 2021	Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01B, Security Measures - Mask Requirements (Aug. 20, 2021) (Ex. FED-052)	/library/FED-052	/exhibit/FED-052
Ex. FED-053	TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD…	Transportation Security Administration, DHS	Jan. 31, 2021	Transportation Security Administration, DHS, TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-053)	/library/FED-053	/exhibit/FED-053
Ex. FED-054	Security Directive SD 1542-21-01, Security Measures - Face Masks (airports)	Transportation Security Administration, DHS	Jan. 31, 2021	Transportation Security Administration, DHS, Security Directive SD 1542-21-01, Security Measures - Face Masks (airports) (Jan. 31, 2021) (Ex. FED-054)	/library/FED-054	/exhibit/FED-054
Ex. FED-055	Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers)	Transportation Security Administration, DHS	Jan. 31, 2021	Transportation Security Administration, DHS, Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers) (Jan. 31, 2021) (Ex. FED-055)	/library/FED-055	/exhibit/FED-055
Ex. FED-056	Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01)	Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight Board	Apr. 20, 2021	Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight Board, Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01) (Apr. 20, 2021) (Ex. FED-056)	/library/FED-056	/exhibit/FED-056
Ex. FED-057	Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Employed by the Transportation System (Jan. 27, 2021)	Acting Secretary of Homeland Security David P. Pekoske	Jan. 27, 2021	Acting Secretary of Homeland Security David P. Pekoske, Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Employed by the Transportation System (Jan. 27, 2021) (Ex. FED-057)	/library/FED-057	/exhibit/FED-057
Ex. FED-060	Executive Order 13991	President Joseph R. Biden, Jr.	Jan. 20, 2021	President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)	/library/FED-060	/exhibit/FED-060
Ex. FED-061	Executive Order 13998	President Joseph R. Biden, Jr.	Jan. 21, 2021	President Joseph R. Biden, Jr, Executive Order 13998 (Jan. 21, 2021) (Ex. FED-061)	/library/FED-061	/exhibit/FED-061
Ex. FED-062	Executive Order 13999	President Joseph R. Biden, Jr.	Jan. 21, 2021	President Joseph R. Biden, Jr, Executive Order 13999 (Jan. 21, 2021) (Ex. FED-062)	/library/FED-062	/exhibit/FED-062
Ex. FED-063	Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…	President Joseph R. Biden, Jr.	Sept. 9, 2021	President Joseph R. Biden, Jr, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-063)	/library/FED-063	/exhibit/FED-063
Ex. FED-064	Executive Order 14043	President Joseph R. Biden, Jr.	Sept. 9, 2021	President Joseph R. Biden, Jr, Executive Order 14043 (Sept. 9, 2021) (Ex. FED-064)	/library/FED-064	/exhibit/FED-064
Ex. FED-066	Executive Order 13945	President Donald J. Trump	Aug. 8, 2020	President Donald J. Trump, Executive Order 13945 (Aug. 8, 2020) (Ex. FED-066)	/library/FED-066	/exhibit/FED-066
Ex. FED-070	Executive Order 13909	President Donald J. Trump	Mar. 18, 2020	President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)	/library/FED-070	/exhibit/FED-070
Ex. FED-073	Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020)	President Donald J. Trump	Apr. 28, 2020	President Donald J. Trump, Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020) (Ex. FED-073)	/library/FED-073	/exhibit/FED-073
Ex. FED-074	Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures	Secretary of Health and Human Services	Mar. 25, 2020	Secretary of Health and Human Services, Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures (Mar. 25, 2020) (Ex. FED-074)	/library/FED-074	/exhibit/FED-074
Ex. FED-075	Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use	Federal Emergency Management Agency, DHS	Apr. 7, 2020	Federal Emergency Management Agency, DHS, Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use (Apr. 7, 2020) (Ex. FED-075)	/library/FED-075	/exhibit/FED-075
Ex. FED-076	Notification of Exemptions to the PPE allocation rule	Federal Emergency Management Agency, DHS	Apr. 17, 2020	Federal Emergency Management Agency, DHS, Notification of Exemptions to the PPE allocation rule (Apr. 17, 2020) (Ex. FED-076)	/library/FED-076	/exhibit/FED-076
Ex. FED-077	Temporary Final Rule extending and modifying the PPE allocation rule (Aug. 10, 2020)	Federal Emergency Management Agency, DHS	Aug. 10, 2020	Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Aug. 10, 2020) (Ex. FED-077)	/library/FED-077	/exhibit/FED-077
Ex. FED-078	Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020)	Federal Emergency Management Agency, DHS	Dec. 31, 2020	Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020) (Ex. FED-078)	/library/FED-078	/exhibit/FED-078
Ex. FED-080	Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021)	Occupational Safety and Health Administration, U.S. Department of Labor	June 21, 2021	Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080)	/library/FED-080	/exhibit/FED-080
Ex. FED-081	DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021)	OSHA, Directorate of Enforcement Programs	June 28, 2021	OSHA, Directorate of Enforcement Programs, DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021) (Ex. FED-081)	/library/FED-081	/exhibit/FED-081
Ex. FED-082	DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021)	OSHA, Directorate of Enforcement Programs	Mar. 12, 2021	OSHA, Directorate of Enforcement Programs, DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021) (Ex. FED-082)	/library/FED-082	/exhibit/FED-082
Ex. FED-083	DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021)	OSHA, Directorate of Enforcement Programs	July 7, 2021	OSHA, Directorate of Enforcement Programs, DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021) (Ex. FED-083)	/library/FED-083	/exhibit/FED-083
Ex. FED-084	Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021)	OSHA (memorandum for Regional Administrators and State Plan Designees)	July 7, 2021	OSHA (memorandum for Regional Administrators and State Plan Designees), Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021) (Ex. FED-084)	/library/FED-084	/exhibit/FED-084
Ex. FED-088	Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020)	OSHA, U.S. Department of Labor	Mar. 9, 2020	OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088)	/library/FED-088	/exhibit/FED-088
Ex. FED-090	CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with…	Centers for Medicare & Medicaid Services, HHS	Mar. 30, 2020	Centers for Medicare & Medicaid Services, HHS, CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with comment period) (Mar. 30, 2020) (Ex. FED-090)	/library/FED-090	/exhibit/FED-090
Ex. FED-091	CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule)	Centers for Medicare & Medicaid Services, HHS	May 1, 2020	Centers for Medicare & Medicaid Services, HHS, CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule) (May 1, 2020) (Ex. FED-091)	/library/FED-091	/exhibit/FED-091
Ex. FED-092	CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through…	Centers for Medicare & Medicaid Services, HHS	Sept. 2, 2020	Centers for Medicare & Medicaid Services, HHS, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-092)	/library/FED-092	/exhibit/FED-092
Ex. FED-093	CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP…	Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor)	Nov. 2, 2020	Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor), CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP maintenance-of-effort conditions); vaccine coverage (Nov. 2, 2020) (Ex. FED-093)	/library/FED-093	/exhibit/FED-093
Ex. FED-094	CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH	Centers for Medicare & Medicaid Services, HHS	May 13, 2021	Centers for Medicare & Medicaid Services, HHS, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (Ex. FED-094)	/library/FED-094	/exhibit/FED-094
Ex. FED-096	CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020)	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group	Mar. 4, 2020	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)	/library/FED-096	/exhibit/FED-096
Ex. FED-097	QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020)	CMS, Quality, Safety & Oversight Group	Mar. 13, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097)	/library/FED-097	/exhibit/FED-097
Ex. FED-098	QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs)	CMS, Quality, Safety & Oversight Group	Mar. 10, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)	/library/FED-098	/exhibit/FED-098
Ex. FED-099	CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)	CMS, Quality, Safety & Oversight Group	Mar. 23, 2020	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099)	/library/FED-099	/exhibit/FED-099
Ex. FED-100	FEMA-4503-DR, Major Disaster Declaration for Alabama (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 29, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4503-DR, Major Disaster Declaration for Alabama (COVID-19 Pandemic) (Mar. 29, 2020) (Ex. FED-100)	/library/FED-100	/exhibit/FED-100
Ex. FED-150	FEMA-4535-DR, Major Disaster Declaration for Wyoming (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Apr. 11, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4535-DR, Major Disaster Declaration for Wyoming (COVID-19 Pandemic) (Apr. 11, 2020) (Ex. FED-150)	/library/FED-150	/exhibit/FED-150
Ex. FED-154	QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020)	CMS, Quality, Safety & Oversight Group	Sept. 17, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020) (Ex. FED-154)	/library/FED-154	/exhibit/FED-154
Ex. FED-155	QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19	CMS, Quality, Safety & Oversight Group	Mar. 10, 2021	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19 (Ex. FED-155)	/library/FED-155	/exhibit/FED-155
Ex. FED-156	QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3)	CMS, Quality, Safety & Oversight Group	Apr. 27, 2021	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3) (Ex. FED-156)	/library/FED-156	/exhibit/FED-156
Ex. FED-157	QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021)	CMS, Quality, Safety & Oversight Group	May 18, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157)	/library/FED-157	/exhibit/FED-157
Ex. FED-158	CMS, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Apr. 7, 2020) (tiered framework; supplements the Adult Elective Surgery and…	Centers for Medicare & Medicaid Services, HHS	Apr. 7, 2020	Centers for Medicare & Medicaid Services, HHS, CMS, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Apr. 7, 2020) (tiered framework; supplements the Adult Elective Surgery and Procedures Recommendations of Mar. 18, 2020) (Ex. FED-158)	/library/FED-158	/exhibit/FED-158
Ex. FED-159	CMS Recommendations, Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020)	Centers for Medicare & Medicaid Services, HHS	Apr. 19, 2020	Centers for Medicare & Medicaid Services, HHS, CMS Recommendations, Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020) (Ex. FED-159)	/library/FED-159	/exhibit/FED-159
Ex. FED-160	COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021)	Centers for Medicare & Medicaid Services, HHS	Mar. 13, 2020	Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)	/library/FED-160	/exhibit/FED-160
Ex. FED-161	QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting	CMS, Quality, Safety & Oversight Group	May 6, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting (May 6, 2020) (Ex. FED-161)	/library/FED-161	/exhibit/FED-161
Ex. FED-163	CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH	CMS, Quality, Safety & Oversight Group	May 11, 2021	CMS, Quality, Safety & Oversight Group, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (May 11, 2021) (Ex. FED-163)	/library/FED-163	/exhibit/FED-163
Ex. FED-164	CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)	CMS, Quality, Safety & Oversight Group	Mar. 4, 2020	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-164)	/library/FED-164	/exhibit/FED-164
Ex. FED-165	CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)	CMS, Quality, Safety & Oversight Group	June 1, 2020	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-165)	/library/FED-165	/exhibit/FED-165
Ex. FED-166	CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)	CMS, Quality, Safety & Oversight Group	Aug. 17, 2020	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-166)	/library/FED-166	/exhibit/FED-166
Ex. FED-168	CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through…	CMS, Quality, Safety & Oversight Group	Aug. 26, 2020	CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168)	/library/FED-168	/exhibit/FED-168
Ex. FED-170	Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§…	Congress (Pub. L. 116-127); approved by the President	Mar. 18, 2020	Congress (Pub. L. 116-127); approved by the President, Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§ 3101-3106) and Division E (Emergency Paid Sick Leave Act, §§ 5101-5111); Division G (§§ 7001-7005, payroll tax credits); § 6008 (Medicaid FMAP conditions) (Ex. FED-170)	/library/FED-170	/exhibit/FED-170
Ex. FED-171	Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826	Wage and Hour Division, U.S. Department of Labor	Apr. 1, 2020	Wage and Hour Division, U.S. Department of Labor, Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (Apr. 1, 2020) (Ex. FED-171)	/library/FED-171	/exhibit/FED-171
Ex. FED-172	Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor)	Wage and Hour Division, U.S. Department of Labor	Sept. 11, 2020	Wage and Hour Division, U.S. Department of Labor, Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor) (Sept. 11, 2020) (Ex. FED-172)	/library/FED-172	/exhibit/FED-172
Ex. FED-173	Consolidated Appropriations Act, 2021, Pub. L. 116-260, div. N, tit. II, subtit. B, § 286 (Extension of Credits for Paid Sick and Family Leave); div. N, § 502…	Congress (Pub. L. 116-260)	Dec. 27, 2020	Congress (Pub. L. 116-260), Consolidated Appropriations Act, 2021, Pub. L. 116-260, div. N, tit. II, subtit. B, § 286 (Extension of Credits for Paid Sick and Family Leave); div. N, § 502 (extension of the CDC eviction moratorium to Jan. 31, 2021); div. EE, §§ 206-207 (ERC amendments) (Dec. 27, 2020) (Ex. FED-173)	/library/FED-173	/exhibit/FED-173
Ex. FED-174	American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021): § 9651 (I.R.C. § 3134, ERC for Q3-Q4 2021); § 9641 (I.R.C. §§ 3131-3133, voluntary…	Congress (Pub. L. 117-2); approved by the President	Mar. 11, 2021	Congress (Pub. L. 117-2); approved by the President, American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021): § 9651 (I.R.C. § 3134, ERC for Q3-Q4 2021); § 9641 (I.R.C. §§ 3131-3133, voluntary paid leave credits Apr. 1 - Sept. 30, 2021); § 9817 (HCBS FMAP increase) (Ex. FED-174)	/library/FED-174	/exhibit/FED-174
Ex. FED-180	Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020)	Secretary of Health and Human Services	Mar. 10, 2020	Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)	/library/FED-180	/exhibit/FED-180
Ex. FED-181	Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for…	Secretary of Health and Human Services	Feb. 4, 2020	Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)	/library/FED-181	/exhibit/FED-181
Ex. FED-184	Emergency Use Authorization Declaration: drugs and biological products	Secretary of Health and Human Services	Mar. 27, 2020	Secretary of Health and Human Services, Emergency Use Authorization Declaration: drugs and biological products (Mar. 27, 2020) (Ex. FED-184)	/library/FED-184	/exhibit/FED-184
Ex. FED-185	Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter)	Food and Drug Administration, HHS (Center for Biologics Evaluation and Research)	Dec. 11, 2020	Food and Drug Administration, HHS (Center for Biologics Evaluation and Research), Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter) (Ex. FED-185)	/library/FED-185	/exhibit/FED-185
Ex. FED-186	Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter)	Food and Drug Administration, HHS	Dec. 18, 2020	Food and Drug Administration, HHS, Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter) (Ex. FED-186)	/library/FED-186	/exhibit/FED-186
Ex. FED-187	Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023)	Food and Drug Administration, HHS	Feb. 27, 2021	Food and Drug Administration, HHS, Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023) (Ex. FED-187)	/library/FED-187	/exhibit/FED-187
Ex. FED-190	The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread	The President and the White House Coronavirus Task Force (with CDC)	Mar. 16, 2020	The President and the White House Coronavirus Task Force (with CDC), The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020) (Ex. FED-190)	/library/FED-190	/exhibit/FED-190
Ex. FED-191	30 Days to Slow the Spread (extension of the March 16 guidelines through April 30, 2020)	The President and the White House Coronavirus Task Force	Mar. 31, 2020	The President and the White House Coronavirus Task Force, 30 Days to Slow the Spread (extension of the March 16 guidelines through April 30, 2020) (Mar. 31, 2020) (Ex. FED-191)	/library/FED-191	/exhibit/FED-191
Ex. FED-192	Guidelines for Opening Up America Again (Apr. 16, 2020)	The President and the White House Coronavirus Task Force	Apr. 16, 2020	The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192)	/library/FED-192	/exhibit/FED-192
Ex. FED-194	Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency	HHS Office for Civil Rights	Mar. 17, 2020	HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)	/library/FED-194	/exhibit/FED-194
Ex. FED-200	Proclamation 9984	President Donald J. Trump	Jan. 31, 2020	President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)	/library/FED-200	/exhibit/FED-200
Ex. FED-201	Proclamation 9992	President Donald J. Trump	Feb. 29, 2020	President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)	/library/FED-201	/exhibit/FED-201
Ex. FED-203	Proclamation 9996	President Donald J. Trump	Mar. 14, 2020	President Donald J. Trump, Proclamation 9996 (Mar. 14, 2020) (Ex. FED-203)	/library/FED-203	/exhibit/FED-203
Ex. FED-204	Proclamation 10041	President Donald J. Trump	May 24, 2020	President Donald J. Trump, Proclamation 10041 (May 24, 2020) (Ex. FED-204)	/library/FED-204	/exhibit/FED-204
Ex. FED-207	Proclamation 10143	President Joseph R. Biden, Jr.	Jan. 25, 2021	President Joseph R. Biden, Jr, Proclamation 10143 (Jan. 25, 2021) (Ex. FED-207)	/library/FED-207	/exhibit/FED-207
Ex. FED-208	Proclamation 10199	President Joseph R. Biden, Jr.	Apr. 30, 2021	President Joseph R. Biden, Jr, Proclamation 10199 (Apr. 30, 2021) (Ex. FED-208)	/library/FED-208	/exhibit/FED-208
Ex. FED-209	Proclamation 10294	President Joseph R. Biden, Jr.	Oct. 25, 2021	President Joseph R. Biden, Jr, Proclamation 10294 (Oct. 25, 2021) (Ex. FED-209)	/library/FED-209	/exhibit/FED-209
Ex. FED-210	Proclamation 10014	President Donald J. Trump	Apr. 22, 2020	President Donald J. Trump, Proclamation 10014 (Apr. 22, 2020) (Ex. FED-210)	/library/FED-210	/exhibit/FED-210
Ex. FED-211	Proclamation 10052	President Donald J. Trump	June 22, 2020	President Donald J. Trump, Proclamation 10052 (June 22, 2020) (Ex. FED-211)	/library/FED-211	/exhibit/FED-211
Ex. FED-212	Proclamation 10054	President Donald J. Trump	June 29, 2020	President Donald J. Trump, Proclamation 10054 (June 29, 2020) (Ex. FED-212)	/library/FED-212	/exhibit/FED-212
Ex. FED-213	Proclamation 10131	President Donald J. Trump	Dec. 31, 2020	President Donald J. Trump, Proclamation 10131 (Dec. 31, 2020) (Ex. FED-213)	/library/FED-213	/exhibit/FED-213
Ex. FED-214	Proclamation 10149	President Joseph R. Biden, Jr.	Feb. 24, 2021	President Joseph R. Biden, Jr, Proclamation 10149 (Feb. 24, 2021) (Ex. FED-214)	/library/FED-214	/exhibit/FED-214
Ex. FED-216	Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada, 85 Fed. Reg. 16548…	U.S. Department of Homeland Security (Acting Secretary Chad F. Wolf), with U.S. Customs and Border Protection	Mar. 24, 2020	U.S. Department of Homeland Security (Acting Secretary Chad F. Wolf), with U.S. Customs and Border Protection, Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada, 85 Fed. Reg. 16548 (Mar. 24, 2020) (Ex. FED-216)	/library/FED-216	/exhibit/FED-216
Ex. FED-217	Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 22352 (Apr. 22, 2020)	DHS (Acting Secretary Chad F. Wolf)	Apr. 22, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 22352 (Apr. 22, 2020) (Ex. FED-217)	/library/FED-217	/exhibit/FED-217
Ex. FED-219	Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 37744 (June 24, 2020)	DHS (Acting Secretary Chad F. Wolf)	June 24, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 37744 (June 24, 2020) (Ex. FED-219)	/library/FED-219	/exhibit/FED-219
Ex. FED-222	Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 59670 (Sept. 23, 2020)	DHS (Acting Secretary Chad F. Wolf)	Sept. 23, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 59670 (Sept. 23, 2020) (Ex. FED-222)	/library/FED-222	/exhibit/FED-222
Ex. FED-225	Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 83432 (Dec. 22, 2020)	DHS (Acting Secretary Chad F. Wolf)	Dec. 22, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 83432 (Dec. 22, 2020) (Ex. FED-225)	/library/FED-225	/exhibit/FED-225
Ex. FED-226	Notification of Temporary Travel Restrictions (Canada); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021)	DHS	Jan. 19, 2021	DHS, Notification of Temporary Travel Restrictions (Canada); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021) (Ex. FED-226)	/library/FED-226	/exhibit/FED-226
Ex. FED-229	Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 14812 (Mar. 19, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Mar. 19, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 14812 (Mar. 19, 2021) (Ex. FED-229)	/library/FED-229	/exhibit/FED-229
Ex. FED-232	Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021)	DHS (Secretary Alejandro N. Mayorkas)	June 23, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021) (Ex. FED-232)	/library/FED-232	/exhibit/FED-232
Ex. FED-235	Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 52609 (Sept. 22, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Sept. 22, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 52609 (Sept. 22, 2021) (Ex. FED-235)	/library/FED-235	/exhibit/FED-235
Ex. FED-239	Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico, 85 Fed. Reg. 16547…	DHS (Acting Secretary Chad F. Wolf), with CBP	Mar. 24, 2020	DHS (Acting Secretary Chad F. Wolf), with CBP, Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico, 85 Fed. Reg. 16547 (Mar. 24, 2020) (Ex. FED-239)	/library/FED-239	/exhibit/FED-239
Ex. FED-240	Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 22353 (Apr. 22, 2020)	DHS (Acting Secretary Chad F. Wolf)	Apr. 22, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 22353 (Apr. 22, 2020) (Ex. FED-240)	/library/FED-240	/exhibit/FED-240
Ex. FED-242	Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 37745 (June 24, 2020)	DHS (Acting Secretary Chad F. Wolf)	June 24, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 37745 (June 24, 2020) (Ex. FED-242)	/library/FED-242	/exhibit/FED-242
Ex. FED-245	Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 59669 (Sept. 23, 2020)	DHS (Acting Secretary Chad F. Wolf)	Sept. 23, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 59669 (Sept. 23, 2020) (Ex. FED-245)	/library/FED-245	/exhibit/FED-245
Ex. FED-248	Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 83433 (Dec. 22, 2020)	DHS (Acting Secretary Chad F. Wolf)	Dec. 22, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 83433 (Dec. 22, 2020) (Ex. FED-248)	/library/FED-248	/exhibit/FED-248
Ex. FED-249	Notification of Temporary Travel Restrictions (Mexico); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021)	DHS	Jan. 19, 2021	DHS, Notification of Temporary Travel Restrictions (Mexico); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021) (Ex. FED-249)	/library/FED-249	/exhibit/FED-249
Ex. FED-252	Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 14813 (Mar. 19, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Mar. 19, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 14813 (Mar. 19, 2021) (Ex. FED-252)	/library/FED-252	/exhibit/FED-252
Ex. FED-255	Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 32766 (June 23, 2021)	DHS (Secretary Alejandro N. Mayorkas)	June 23, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 32766 (June 23, 2021) (Ex. FED-255)	/library/FED-255	/exhibit/FED-255
Ex. FED-258	Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 52611 (Sept. 22, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Sept. 22, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 52611 (Sept. 22, 2021) (Ex. FED-258)	/library/FED-258	/exhibit/FED-258
Ex. FED-262	OMB Memorandum M-20-13	Office of Management and Budget (Acting Director Russell T. Vought)	Mar. 12, 2020	Office of Management and Budget (Acting Director Russell T. Vought), OMB Memorandum M-20-13 (Mar. 12, 2020) (Ex. FED-262)	/library/FED-262	/exhibit/FED-262
Ex. FED-263	OMB Memorandum M-20-15	Office of Management and Budget (Acting Director Russell T. Vought)	Mar. 15, 2020	Office of Management and Budget (Acting Director Russell T. Vought), OMB Memorandum M-20-15 (Mar. 15, 2020) (Ex. FED-263)	/library/FED-263	/exhibit/FED-263
Ex. FED-264	OMB Memorandum M-20-16	Office of Management and Budget (Acting Director Russell T. Vought)	Mar. 17, 2020	Office of Management and Budget (Acting Director Russell T. Vought), OMB Memorandum M-20-16 (Mar. 17, 2020) (Ex. FED-264)	/library/FED-264	/exhibit/FED-264
Ex. FED-266	OMB Memorandum M-20-18	Office of Management and Budget (Deputy Director for Management)	Mar. 20, 2020	Office of Management and Budget (Deputy Director for Management), OMB Memorandum M-20-18 (Mar. 20, 2020) (Ex. FED-266)	/library/FED-266	/exhibit/FED-266
Ex. FED-267	OMB Memorandum M-20-19	Office of Management and Budget	Mar. 22, 2020	Office of Management and Budget, OMB Memorandum M-20-19 (Mar. 22, 2020) (Ex. FED-267)	/library/FED-267	/exhibit/FED-267
Ex. FED-268	OMB/OPM Memorandum M-20-23	Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas)	Apr. 20, 2020	Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas), OMB/OPM Memorandum M-20-23 (Apr. 20, 2020) (Ex. FED-268)	/library/FED-268	/exhibit/FED-268
Ex. FED-270	Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…	Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force	Jan. 24, 2021	Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Jan. 24, 2021) (Ex. FED-270)	/library/FED-270	/exhibit/FED-270
Ex. FED-271	OMB Memorandum M-21-25	Office of Management and Budget, Office of Personnel Management and General Services Administration	June 10, 2021	Office of Management and Budget, Office of Personnel Management and General Services Administration, OMB Memorandum M-21-25 (June 10, 2021) (Ex. FED-271)	/library/FED-271	/exhibit/FED-271
Ex. FED-272	COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks	Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB	July 29, 2021	Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB, COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks (Ex. FED-272)	/library/FED-272	/exhibit/FED-272
Ex. FED-274	Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…	Safer Federal Workforce Task Force; approved by the Director of OMB	Sept. 24, 2021	Safer Federal Workforce Task Force; approved by the Director of OMB, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-274)	/library/FED-274	/exhibit/FED-274
Ex. FED-275	Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021)	Office of Management and Budget (Acting Director Shalanda D. Young)	Sept. 24, 2021	Office of Management and Budget (Acting Director Shalanda D. Young), Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021) (Sept. 24, 2021) (Ex. FED-275)	/library/FED-275	/exhibit/FED-275
Ex. FED-278	Certification of Vaccination form (employees, onsite contractors and visitors), August 2021	Safer Federal Workforce Task Force (OMB control number 3206-0277)	Aug. 6, 2021	Safer Federal Workforce Task Force (OMB control number 3206-0277), Certification of Vaccination form (employees, onsite contractors and visitors), August 2021 (Aug. 6, 2021) (Ex. FED-278)	/library/FED-278	/exhibit/FED-278
Ex. FED-279	Order of March 16, 2020 (COVID-19 building access)	United States Court of Appeals for the Ninth Circuit (Order filed by the Clerk, Molly C. Dwyer)	Mar. 16, 2020	United States Court of Appeals for the Ninth Circuit (Order filed by the Clerk, Molly C. Dwyer), Order of March 16, 2020 (COVID-19 building access) (Mar. 16, 2020) (Ex. FED-279)	/library/FED-279	/exhibit/FED-279
Ex. FED-280	Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions	Secretary of Defense Lloyd J. Austin III	Mar. 15, 2021	Secretary of Defense Lloyd J. Austin III, Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (Mar. 15, 2021) (Ex. FED-280)	/library/FED-280	/exhibit/FED-280
Ex. FED-281	Deputy Secretary of Defense Memorandum, Stop Movement for all Domestic Travel for DoD Components in Response to Coronavirus Disease 2019	Deputy Secretary of Defense David L. Norquist	Mar. 13, 2020	Deputy Secretary of Defense David L. Norquist, Deputy Secretary of Defense Memorandum, Stop Movement for all Domestic Travel for DoD Components in Response to Coronavirus Disease 2019 (Mar. 13, 2020) (Ex. FED-281)	/library/FED-281	/exhibit/FED-281
Ex. FED-282	Secretary of Defense Memorandum, Modification and Reissuance of DoD Response to Coronavirus Disease 2019 - Travel Restrictions	Secretary of Defense Mark T. Esper	Apr. 20, 2020	Secretary of Defense Mark T. Esper, Secretary of Defense Memorandum, Modification and Reissuance of DoD Response to Coronavirus Disease 2019 - Travel Restrictions (Apr. 20, 2020) (Ex. FED-282)	/library/FED-282	/exhibit/FED-282
Ex. FED-283	Secretary of Defense Memorandum, Transition to Conditions-based Phased Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (May 22…	Secretary of Defense Mark T. Esper	May 22, 2020	Secretary of Defense Mark T. Esper, Secretary of Defense Memorandum, Transition to Conditions-based Phased Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (May 22, 2020), updated June 29, 2020 and Oct. 5, 2020 (Ex. FED-283)	/library/FED-283	/exhibit/FED-283
Ex. FED-284	Order of the Chief Judge No. 20-042	Chief Judge Virginia A. Phillips	Mar. 19, 2020	Chief Judge Virginia A. Phillips, Order of the Chief Judge No. 20-042 (Mar. 19, 2020) (Ex. FED-284)	/library/FED-284	/exhibit/FED-284
Ex. FED-285	Order of the Chief Judge No. 20-078	Chief Judge Philip S. Gutierrez	June 1, 2020	Chief Judge Philip S. Gutierrez, Order of the Chief Judge No. 20-078 (June 1, 2020) (Ex. FED-285)	/library/FED-285	/exhibit/FED-285
Ex. FED-286	General Docket Order 2020-4 (COVID-19; court operations), Mar. 25, 2020	United States Court of Appeals for the Fifth Circuit (General Docket Order; certified copy issued by the Clerk Mar. 25, 2020)	Mar. 25, 2020	United States Court of Appeals for the Fifth Circuit (General Docket Order; certified copy issued by the Clerk Mar. 25, 2020), General Docket Order 2020-4 (COVID-19; court operations), Mar. 25, 2020 (Ex. FED-286)	/library/FED-286	/exhibit/FED-286
Ex. FED-288	General Order 2020-8	Chief Judge Philip A. Brimmer	May 6, 2020	Chief Judge Philip A. Brimmer, General Order 2020-8 (May 6, 2020) (Ex. FED-288)	/library/FED-288	/exhibit/FED-288
Ex. FED-290	Press release of March 12, 2020 (Building closed to the public)	Supreme Court of the United States (Public Information Office)	Mar. 12, 2020	Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)	/library/FED-290
Ex. FED-292	Order of March 19, 2020, 589 U.S. (Order List)	Supreme Court of the United States	Mar. 19, 2020	Supreme Court of the United States, Order of March 19, 2020, 589 U.S. (Order List) (Mar. 19, 2020) (Ex. FED-292)	/library/FED-292	/exhibit/FED-292
Ex. FED-295	Judicial Conference finding under CARES Act § 15002 that emergency conditions due to the COVID-19 national emergency will materially affect the functioning of…	Judicial Conference of the United States (finding of Mar. 29, 2020), announced by the Administrative Office of the U.S. Courts on Mar. 31, 2020	Mar. 29, 2020	Judicial Conference of the United States (finding of Mar. 29, 2020), announced by the Administrative Office of the U.S. Courts on Mar. 31, 2020, Judicial Conference finding under CARES Act § 15002 that emergency conditions due to the COVID-19 national emergency will materially affect the functioning of the federal courts generally (Mar. 29, 2020) (Ex. FED-295)	/library/FED-295	/exhibit/FED-295
Ex. FED-296	Tenth Amended General Order 20-0012	Chief Judge Rebecca R. Pallmeyer	Feb. 12, 2021	Chief Judge Rebecca R. Pallmeyer, Tenth Amended General Order 20-0012 (Feb. 12, 2021) (Ex. FED-296)	/library/FED-296	/exhibit/FED-296
Ex. FED-297	Amended General Order 21-0006 (May 26, 2021)	Chief Judge Rebecca R. Pallmeyer (Executive Committee)	May 26, 2021	Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (May 26, 2021) (Ex. FED-297)	/library/FED-297	/exhibit/FED-297
Ex. FED-298	Amended General Order 21-0006 (Sept. 15, 2021)	Chief Judge Rebecca R. Pallmeyer (Executive Committee)	Sept. 15, 2021	Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (Sept. 15, 2021) (Ex. FED-298)	/library/FED-298	/exhibit/FED-298
Ex. FED-299	Third Amended Order Concerning Face Masks/Coverings in Public Areas of Courthouses	Chief Judge Rebecca R. Pallmeyer	July 30, 2021	Chief Judge Rebecca R. Pallmeyer, Third Amended Order Concerning Face Masks/Coverings in Public Areas of Courthouses (July 30, 2021) (Ex. FED-299)	/library/FED-299	/exhibit/FED-299
Ex. FED-300	General Order 21-0033	Executive Committee and Restart Task Force of the Court (unanimous vote)	Sept. 20, 2021	Executive Committee and Restart Task Force of the Court (unanimous vote), General Order 21-0033 (Sept. 20, 2021) (Ex. FED-300)	/library/FED-300	/exhibit/FED-300
Ex. FED-301	Fifth Amended General Order 20-0022	Chief Judge Rebecca R. Pallmeyer	June 21, 2021	Chief Judge Rebecca R. Pallmeyer, Fifth Amended General Order 20-0022 (June 21, 2021) (Ex. FED-301)	/library/FED-301	/exhibit/FED-301
Ex. FED-302	Standing Order 20-13	Chief Judge Freda L. Wolfson	May 22, 2020	Chief Judge Freda L. Wolfson, Standing Order 20-13 (May 22, 2020) (Ex. FED-302)	/library/FED-302	/exhibit/FED-302
Ex. FED-303	Standing Order 20-17	Chief Judge Freda L. Wolfson	Nov. 25, 2020	Chief Judge Freda L. Wolfson, Standing Order 20-17 (Nov. 25, 2020) (Ex. FED-303)	/library/FED-303	/exhibit/FED-303
Ex. FED-304	Third Extension of Standing Order 20-12	Chief Judge Freda L. Wolfson	Dec. 17, 2020	Chief Judge Freda L. Wolfson, Third Extension of Standing Order 20-12 (Dec. 17, 2020) (Ex. FED-304)	/library/FED-304	/exhibit/FED-304
Ex. FED-305	Standing Order 21-02	Chief Judge Freda L. Wolfson	Mar. 17, 2021	Chief Judge Freda L. Wolfson, Standing Order 21-02 (Mar. 17, 2021) (Ex. FED-305)	/library/FED-305	/exhibit/FED-305
Ex. FED-306	Standing Order 21-04	Chief Judge Freda L. Wolfson	Mar. 11, 2021	Chief Judge Freda L. Wolfson, Standing Order 21-04 (Mar. 11, 2021) (Ex. FED-306)	/library/FED-306	/exhibit/FED-306
Ex. FED-307	Updated Amended Standing Order 21-04	Chief Judge Freda L. Wolfson	Sept. 3, 2021	Chief Judge Freda L. Wolfson, Updated Amended Standing Order 21-04 (Sept. 3, 2021) (Ex. FED-307)	/library/FED-307	/exhibit/FED-307
Ex. FED-308	Standing Order 21-08	Chief Judge Freda L. Wolfson	Sept. 13, 2021	Chief Judge Freda L. Wolfson, Standing Order 21-08 (Sept. 13, 2021) (Ex. FED-308)	/library/FED-308	/exhibit/FED-308
Ex. FED-310	Second Amended Standing Order 2020-02	Chief Judge James K. Bredar	Mar. 20, 2020	Chief Judge James K. Bredar, Second Amended Standing Order 2020-02 (Mar. 20, 2020) (Ex. FED-310)	/library/FED-310	/exhibit/FED-310
Ex. FED-312	Standing Order 2020-05	Chief Judge James K. Bredar	Mar. 20, 2020	Chief Judge James K. Bredar, Standing Order 2020-05 (Mar. 20, 2020) (Ex. FED-312)	/library/FED-312	/exhibit/FED-312
Ex. FED-313	Amended Standing Order 2021-07	Chief Judge James K. Bredar	June 23, 2021	Chief Judge James K. Bredar, Amended Standing Order 2021-07 (June 23, 2021) (Ex. FED-313)	/library/FED-313	/exhibit/FED-313
Ex. FED-316	Fourth Amendment to General Order 20-01	Chief Judge Thomas W. Thrash, Jr.	July 31, 2020	Chief Judge Thomas W. Thrash, Jr, Fourth Amendment to General Order 20-01 (July 31, 2020) (Ex. FED-316)	/library/FED-316	/exhibit/FED-316
Ex. FED-317	General Order 72	Chief Judge Phyllis J. Hamilton	Mar. 16, 2020	Chief Judge Phyllis J. Hamilton, General Order 72 (Mar. 16, 2020) (Ex. FED-317)	/library/FED-317	/exhibit/FED-317
Ex. FED-318	General Order 72-2	Chief Judge Phyllis J. Hamilton	Apr. 30, 2020	Chief Judge Phyllis J. Hamilton, General Order 72-2 (Apr. 30, 2020) (Ex. FED-318)	/library/FED-318	/exhibit/FED-318
Ex. FED-319	Important Announcement on H2 Visas (Mar. 26, 2020): expanded interview-waiver processing for H-2A and H-2B applicants during the suspension of routine visa…	U.S. Department of State, Bureau of Consular Affairs	Mar. 26, 2020	U.S. Department of State, Bureau of Consular Affairs, Important Announcement on H2 Visas (Mar. 26, 2020): expanded interview-waiver processing for H-2A and H-2B applicants during the suspension of routine visa services (Ex. FED-319)	/library/FED-319
Ex. FED-320	Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 21739 (Apr. 20, 2020) (temporary final rule)	U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services	Apr. 20, 2020	U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 21739 (Apr. 20, 2020) (temporary final rule) (Ex. FED-320)	/library/FED-320	/exhibit/FED-320
Ex. FED-321	Temporary Changes to Requirements Affecting H-2B Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 28843 (May 14, 2020) (temporary final rule)	U.S. Department of Homeland Security, USCIS	May 14, 2020	U.S. Department of Homeland Security, USCIS, Temporary Changes to Requirements Affecting H-2B Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 28843 (May 14, 2020) (temporary final rule) (Ex. FED-321)	/library/FED-321	/exhibit/FED-321
Ex. FED-322	Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due To the COVID-19 National Emergency: Partial Extension of Certain Flexibilities, 85 Fed. Reg.…	DHS, USCIS	Aug. 20, 2020	DHS, USCIS, Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due To the COVID-19 National Emergency: Partial Extension of Certain Flexibilities, 85 Fed. Reg. 51304 (Aug. 20, 2020) (Ex. FED-322)	/library/FED-322	/exhibit/FED-322
Ex. FED-323	Temporary Changes to Requirements Affecting H-2A Nonimmigrants due to the COVID-19 National Emergency: Extension of Certain Flexibilities, 85 Fed. Reg. 82291…	DHS, USCIS	Dec. 18, 2020	DHS, USCIS, Temporary Changes to Requirements Affecting H-2A Nonimmigrants due to the COVID-19 National Emergency: Extension of Certain Flexibilities, 85 Fed. Reg. 82291 (Dec. 18, 2020) (Ex. FED-323)	/library/FED-323	/exhibit/FED-323
Ex. FED-324	USCIS alert of Mar. 17, 2020: USCIS Temporarily Closing Offices to the Public (Mar. 18 - Apr. 1, 2020), extended to May 3 and then to June 3, 2020	U.S. Citizenship and Immigration Services	Mar. 17, 2020	U.S. Citizenship and Immigration Services, USCIS alert of Mar. 17, 2020: USCIS Temporarily Closing Offices to the Public (Mar. 18 - Apr. 1, 2020), extended to May 3 and then to June 3, 2020 (Ex. FED-324)	/library/FED-324	/exhibit/FED-324
Ex. FED-325	USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4	U.S. Citizenship and Immigration Services	May 27, 2020	U.S. Citizenship and Immigration Services, USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4 (Ex. FED-325)	/library/FED-325	/exhibit/FED-325
Ex. FED-327	Suspension of Routine Visa Services (announcement of Mar. 18, 2020, last updated Mar. 20, 2020)	U.S. Department of State, Bureau of Consular Affairs	Mar. 20, 2020	U.S. Department of State, Bureau of Consular Affairs, Suspension of Routine Visa Services (announcement of Mar. 18, 2020, last updated Mar. 20, 2020) (Ex. FED-327)	/library/FED-327	/exhibit/FED-327
Ex. FED-328	Phased Resumption of Routine Visa Services (announcement of July 14, 2020)	U.S. Department of State, Bureau of Consular Affairs	July 14, 2020	U.S. Department of State, Bureau of Consular Affairs, Phased Resumption of Routine Visa Services (announcement of July 14, 2020) (Ex. FED-328)	/library/FED-328	/exhibit/FED-328
Ex. FED-331	General Order 72-4	Chief Judge Phyllis J. Hamilton	June 24, 2020	Chief Judge Phyllis J. Hamilton, General Order 72-4 (June 24, 2020) (Ex. FED-331)	/library/FED-331	/exhibit/FED-331
Ex. FED-333	General Order 72-6	Chief Judge Phyllis J. Hamilton	Sept. 16, 2020	Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)	/library/FED-333	/exhibit/FED-333
Ex. FED-334	General Order 73 (Amended May 21, 2020)	Chief Judge Phyllis J. Hamilton	May 21, 2020	Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)	/library/FED-334	/exhibit/FED-334
Ex. FED-336	General Order 77	Chief Judge Phyllis J. Hamilton	June 9, 2020	Chief Judge Phyllis J. Hamilton, General Order 77 (June 9, 2020) (Ex. FED-336)	/library/FED-336	/exhibit/FED-336
Ex. FED-337	General Order 78	Chief Judge Richard Seeborg	June 23, 2021	Chief Judge Richard Seeborg, General Order 78 (June 23, 2021) (Ex. FED-337)	/library/FED-337	/exhibit/FED-337
Ex. FED-338	General Order 20-0012 (original)	Chief Judge Rebecca R. Pallmeyer	Mar. 12, 2020	Chief Judge Rebecca R. Pallmeyer, General Order 20-0012 (original) (Mar. 12, 2020) (Ex. FED-338)	/library/FED-338	/exhibit/FED-338
Ex. FED-339	Eighth Amended General Order 20-0012	Chief Judge Rebecca R. Pallmeyer	Nov. 13, 2020	Chief Judge Rebecca R. Pallmeyer, Eighth Amended General Order 20-0012 (Nov. 13, 2020) (Ex. FED-339)	/library/FED-339	/exhibit/FED-339
Ex. FED-340	CARES Act §§ 4022-4024 (foreclosure moratorium and forbearance; multifamily forbearance; temporary moratorium on eviction filings) and § 15002 (video…	Congress (Pub. L. 116-136, signed Mar. 27, 2020)	Mar. 27, 2020	Congress (Pub. L. 116-136, signed Mar. 27, 2020), CARES Act §§ 4022-4024 (foreclosure moratorium and forbearance; multifamily forbearance; temporary moratorium on eviction filings) and § 15002 (video teleconferencing for criminal proceedings) (Mar. 27, 2020) (Ex. FED-340)	/library/FED-340	/exhibit/FED-340
Ex. FED-342	Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by the Coronavirus (Revised) (Apr. 7, 2020…	Federal Reserve Board, FDIC, NCUA, OCC, CFPB and the Conference of State Bank Supervisors	Apr. 7, 2020	Federal Reserve Board, FDIC, NCUA, OCC, CFPB and the Conference of State Bank Supervisors, Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by the Coronavirus (Revised) (Apr. 7, 2020; original Mar. 22, 2020) (Ex. FED-342)	/library/FED-342	/exhibit/FED-342
Ex. FED-343	Treatment of Certain COVID-19 Related Loss Mitigation Options Under the Real Estate Settlement Procedures Act (RESPA) (Regulation X) (interim final rule), 85…	Bureau of Consumer Financial Protection	June 30, 2020	Bureau of Consumer Financial Protection, Treatment of Certain COVID-19 Related Loss Mitigation Options Under the Real Estate Settlement Procedures Act (RESPA) (Regulation X) (interim final rule), 85 Fed. Reg. 39055 (June 30, 2020) (Ex. FED-343)	/library/FED-343	/exhibit/FED-343
Ex. FED-344	Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act (RESPA), Regulation X (final rule), 86 Fed. Reg.…	Bureau of Consumer Financial Protection	June 25, 2021	Bureau of Consumer Financial Protection, Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act (RESPA), Regulation X (final rule), 86 Fed. Reg. 34848 (June 30, 2021) (June 25, 2021) (Ex. FED-344)	/library/FED-344	/exhibit/FED-344
Ex. FED-345	Memorandum of August 8, 2020, Continued Student Loan Payment Relief During the COVID-19 Pandemic, 85 Fed. Reg. 49585 (Aug. 13, 2020)	President Donald J. Trump (Memorandum for the Secretary of Education)	Aug. 8, 2020	President Donald J. Trump (Memorandum for the Secretary of Education), Memorandum of August 8, 2020, Continued Student Loan Payment Relief During the COVID-19 Pandemic, 85 Fed. Reg. 49585 (Aug. 13, 2020) (Aug. 8, 2020) (Ex. FED-345)	/library/FED-345	/exhibit/FED-345
Ex. FED-346	FHFA news release of Mar. 18, 2020: FHFA Suspends Foreclosures and Evictions for Enterprise-Backed Mortgages	Federal Housing Finance Agency (Director Mark Calabria), directing Fannie Mae and Freddie Mac	Mar. 18, 2020	Federal Housing Finance Agency (Director Mark Calabria), directing Fannie Mae and Freddie Mac, FHFA news release of Mar. 18, 2020: FHFA Suspends Foreclosures and Evictions for Enterprise-Backed Mortgages (Ex. FED-346)	/library/FED-346	/exhibit/FED-346
Ex. FED-348	FHFA news release of June 17, 2020: FHFA Extends Foreclosure and Eviction Moratorium (to Aug. 31, 2020)	Federal Housing Finance Agency	June 17, 2020	Federal Housing Finance Agency, FHFA news release of June 17, 2020: FHFA Extends Foreclosure and Eviction Moratorium (to Aug. 31, 2020) (Ex. FED-348)	/library/FED-348	/exhibit/FED-348
Ex. FED-349	FHFA news release of Aug. 27, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Dec. 31, 2020)	Federal Housing Finance Agency	Aug. 27, 2020	Federal Housing Finance Agency, FHFA news release of Aug. 27, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Dec. 31, 2020) (Ex. FED-349)	/library/FED-349	/exhibit/FED-349
Ex. FED-350	FHFA news release of Dec. 2, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Jan. 31, 2021)	Federal Housing Finance Agency	Dec. 2, 2020	Federal Housing Finance Agency, FHFA news release of Dec. 2, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Jan. 31, 2021) (Ex. FED-350)	/library/FED-350	/exhibit/FED-350
Ex. FED-353	FHFA news release of Feb. 25, 2021: FHFA Extends COVID-19 Forbearance Period and Foreclosure and REO Eviction Moratoriums (to June 30, 2021; forbearance to 18…	Federal Housing Finance Agency	Feb. 25, 2021	Federal Housing Finance Agency, FHFA news release of Feb. 25, 2021: FHFA Extends COVID-19 Forbearance Period and Foreclosure and REO Eviction Moratoriums (to June 30, 2021; forbearance to 18 months) (Ex. FED-353)	/library/FED-353	/exhibit/FED-353
Ex. FED-354	FHFA news release of June 24, 2021: FHFA Extends COVID-19 Foreclosure and REO Eviction Moratoriums (to July 31, 2021)	Federal Housing Finance Agency	June 24, 2021	Federal Housing Finance Agency, FHFA news release of June 24, 2021: FHFA Extends COVID-19 Foreclosure and REO Eviction Moratoriums (to July 31, 2021) (Ex. FED-354)	/library/FED-354	/exhibit/FED-354
Ex. FED-355	FHFA news release of July 30, 2021: FHFA Extends COVID-19 REO Eviction Moratorium Through September 30, 2021	Federal Housing Finance Agency (with the Agencies' Joint Statement on Agency Actions to Prevent Evictions of the same date)	July 30, 2021	Federal Housing Finance Agency (with the Agencies' Joint Statement on Agency Actions to Prevent Evictions of the same date), FHFA news release of July 30, 2021: FHFA Extends COVID-19 REO Eviction Moratorium Through September 30, 2021 (Ex. FED-355)	/library/FED-355	/exhibit/FED-355
Ex. FED-356	Mortgagee Letter 2020-04	U.S. Department of Housing and Urban Development, Federal Housing Administration (Assistant Secretary for Housing - Federal Housing Commissioner)	Mar. 18, 2020	U.S. Department of Housing and Urban Development, Federal Housing Administration (Assistant Secretary for Housing - Federal Housing Commissioner), Mortgagee Letter 2020-04 (Mar. 18, 2020) (Ex. FED-356)	/library/FED-356	/exhibit/FED-356
Ex. FED-359	Mortgagee Letter 2020-19	HUD, Federal Housing Administration	June 17, 2020	HUD, Federal Housing Administration, Mortgagee Letter 2020-19 (June 17, 2020) (Ex. FED-359)	/library/FED-359
Ex. FED-360	Mortgagee Letter 2020-27	HUD, Federal Housing Administration	Aug. 27, 2020	HUD, Federal Housing Administration, Mortgagee Letter 2020-27 (Aug. 27, 2020) (Ex. FED-360)	/library/FED-360	/exhibit/FED-360
Ex. FED-361	Mortgagee Letter 2020-43	HUD, Federal Housing Administration	Dec. 17, 2020	HUD, Federal Housing Administration, Mortgagee Letter 2020-43 (Dec. 17, 2020) (Ex. FED-361)	/library/FED-361	/exhibit/FED-361
Ex. FED-362	Mortgagee Letter 2021-03	HUD, Federal Housing Administration	Jan. 21, 2021	HUD, Federal Housing Administration, Mortgagee Letter 2021-03 (Jan. 21, 2021) (Ex. FED-362)	/library/FED-362	/exhibit/FED-362
Ex. FED-363	Mortgagee Letter 2021-05	HUD, Federal Housing Administration	Feb. 16, 2021	HUD, Federal Housing Administration, Mortgagee Letter 2021-05 (Feb. 16, 2021) (Ex. FED-363)	/library/FED-363	/exhibit/FED-363
Ex. FED-364	Mortgagee Letter 2021-15	HUD, Federal Housing Administration	June 25, 2021	HUD, Federal Housing Administration, Mortgagee Letter 2021-15 (June 25, 2021) (Ex. FED-364)	/library/FED-364	/exhibit/FED-364
Ex. FED-365	Mortgagee Letter 2021-18	HUD, Federal Housing Administration	July 23, 2021	HUD, Federal Housing Administration, Mortgagee Letter 2021-18 (July 23, 2021) (Ex. FED-365)	/library/FED-365	/exhibit/FED-365
Ex. FED-368	Circular 26-20-8	VA, Loan Guaranty Service	Mar. 18, 2020	VA, Loan Guaranty Service, Circular 26-20-8 (Mar. 18, 2020) (Ex. FED-368)	/library/FED-368	/exhibit/FED-368
Ex. FED-369	Circular 26-20-12	VA, Loan Guaranty Service	Apr. 8, 2020	VA, Loan Guaranty Service, Circular 26-20-12 (Apr. 8, 2020) (Ex. FED-369)	/library/FED-369	/exhibit/FED-369
Ex. FED-371	Circular 26-20-22	VA, Loan Guaranty Service	June 17, 2020	VA, Loan Guaranty Service, Circular 26-20-22 (June 17, 2020) (Ex. FED-371)	/library/FED-371	/exhibit/FED-371
Ex. FED-372	Circular 26-20-23	VA, Loan Guaranty Service	June 18, 2020	VA, Loan Guaranty Service, Circular 26-20-23 (June 18, 2020) (Ex. FED-372)	/library/FED-372	/exhibit/FED-372
Ex. FED-373	Circular 26-20-29	VA, Loan Guaranty Service	Aug. 24, 2020	VA, Loan Guaranty Service, Circular 26-20-29 (Aug. 24, 2020) (Ex. FED-373)	/library/FED-373	/exhibit/FED-373
Ex. FED-374	Circular 26-20-30	VA, Loan Guaranty Service	Aug. 24, 2020	VA, Loan Guaranty Service, Circular 26-20-30 (Aug. 24, 2020) (Ex. FED-374)	/library/FED-374	/exhibit/FED-374
Ex. FED-375	Circular 26-20-40	VA, Loan Guaranty Service	Dec. 28, 2020	VA, Loan Guaranty Service, Circular 26-20-40 (Dec. 28, 2020) (Ex. FED-375)	/library/FED-375	/exhibit/FED-375
Ex. FED-376	Circular 26-21-2	VA, Loan Guaranty Service	Jan. 29, 2021	VA, Loan Guaranty Service, Circular 26-21-2 (Jan. 29, 2021) (Ex. FED-376)	/library/FED-376	/exhibit/FED-376
Ex. FED-377	Circular 26-21-5	VA, Loan Guaranty Service	Feb. 16, 2021	VA, Loan Guaranty Service, Circular 26-21-5 (Feb. 16, 2021) (Ex. FED-377)	/library/FED-377
Ex. FED-378	Circular 26-21-10	VA, Loan Guaranty Service	June 25, 2021	VA, Loan Guaranty Service, Circular 26-21-10 (June 25, 2021) (Ex. FED-378)	/library/FED-378	/exhibit/FED-378
Ex. FED-379	Circular 26-21-14	VA, Loan Guaranty Service	July 30, 2021	VA, Loan Guaranty Service, Circular 26-21-14 (July 30, 2021) (Ex. FED-379)	/library/FED-379	/exhibit/FED-379
Ex. FED-380	Circular 26-21-20	VA, Loan Guaranty Service	Sept. 29, 2021	VA, Loan Guaranty Service, Circular 26-21-20 (Sept. 29, 2021) (Ex. FED-380)	/library/FED-380	/exhibit/FED-380
Ex. FED-382	USDA Rural Development releases of Dec. 2020, Jan. 2021 and Feb. 16-17, 2021 extending the Single Family Housing foreclosure and eviction moratorium and…	USDA Rural Development	Dec. 28, 2020	USDA Rural Development, USDA Rural Development releases of Dec. 2020, Jan. 2021 and Feb. 16-17, 2021 extending the Single Family Housing foreclosure and eviction moratorium and forbearance options (to Jan. 31, Feb. 28 and June 30, 2021) (Dec. 28, 2020) (Ex. FED-382)	/library/FED-382
Ex. FED-384	USDA Rural Development release of June 24-25, 2021: Biden-Harris Administration Extends Foreclosure Moratorium and Provides Relief (moratorium to July 31, 2021…	USDA Rural Development (with the White House announcement of June 24, 2021)	June 24, 2021	USDA Rural Development (with the White House announcement of June 24, 2021), USDA Rural Development release of June 24-25, 2021: Biden-Harris Administration Extends Foreclosure Moratorium and Provides Relief (moratorium to July 31, 2021; forbearance enrollment to Sept. 30, 2021) (June 24, 2021) (Ex. FED-384)	/library/FED-384
Ex. FED-385	USDA Rural Development release of July 30, 2021: Biden-Harris Administration Extends Eviction Moratorium for Homeowners (to Sept. 30, 2021)	USDA Rural Development (with the Agencies' Joint Statement of July 30, 2021)	July 30, 2021	USDA Rural Development (with the Agencies' Joint Statement of July 30, 2021), USDA Rural Development release of July 30, 2021: Biden-Harris Administration Extends Eviction Moratorium for Homeowners (to Sept. 30, 2021) (Ex. FED-385)	/library/FED-385	/exhibit/FED-385
Ex. FED-386	Secretary of the Interior memorandum, Ensuring the Continued Performance of the Mission of the Department of the Interior during the Global Coronavirus…	Secretary of the Interior David L. Bernhardt	Mar. 22, 2020	Secretary of the Interior David L. Bernhardt, Secretary of the Interior memorandum, Ensuring the Continued Performance of the Mission of the Department of the Interior during the Global Coronavirus (COVID-19) Pandemic (Mar. 22, 2020) (Ex. FED-386)	/library/FED-386	/exhibit/FED-386
Ex. FED-387	NPS news release of Mar. 18, 2020: National Park Service to Temporarily Suspend Park Entrance Fees (with the accompanying direction that superintendents modify…	Secretary of the Interior David L. Bernhardt; National Park Service	Mar. 18, 2020	Secretary of the Interior David L. Bernhardt; National Park Service, NPS news release of Mar. 18, 2020: National Park Service to Temporarily Suspend Park Entrance Fees (with the accompanying direction that superintendents modify operations and close facilities) (Ex. FED-387)	/library/FED-387	/exhibit/FED-387
Ex. FED-389	BLM news release of Mar. 27, 2020: BLM temporarily closes developed recreation facilities in Oregon	Bureau of Land Management, Oregon/Washington State Office and District Managers	Mar. 27, 2020	Bureau of Land Management, Oregon/Washington State Office and District Managers, BLM news release of Mar. 27, 2020: BLM temporarily closes developed recreation facilities in Oregon (Ex. FED-389)	/library/FED-389	/exhibit/FED-389
Ex. FED-390	Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors	Bureau of Reclamation	Mar. 17, 2020	Bureau of Reclamation, Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors (Ex. FED-390)	/library/FED-390	/exhibit/FED-390
Ex. FED-391	USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment Only	U.S. Department of Agriculture, Farm Production and Conservation mission area	Mar. 23, 2020	U.S. Department of Agriculture, Farm Production and Conservation mission area, USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment Only (Ex. FED-391)	/library/FED-391
Ex. FED-393	USACE district closures of recreation areas, campgrounds, visitor centers and project offices (March 2020); HQ release 'Army Corps-managed campgrounds to remain…	U.S. Army Corps of Engineers Headquarters and district commanders	Mar. 17, 2020	U.S. Army Corps of Engineers Headquarters and district commanders, USACE district closures of recreation areas, campgrounds, visitor centers and project offices (March 2020); HQ release 'Army Corps-managed campgrounds to remain closed until further notice' (April 2020); gradual reopening release of May 21, 2020 (Mar. 17, 2020) (Ex. FED-393)	/library/FED-393
Ex. FED-396	The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020), extended Mar. 29, 2020 as 30 Days to Slow the Spread through…	The President and the White House Coronavirus Task Force (with CDC)	Mar. 16, 2020	The President and the White House Coronavirus Task Force (with CDC), The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020), extended Mar. 29, 2020 as 30 Days to Slow the Spread through Apr. 30, 2020 (Ex. FED-396)	/library/FED-396	/exhibit/FED-396
Ex. FED-398	H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health…	U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020)	May 15, 2020	U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398)	/library/FED-398	/exhibit/FED-398
Ex. FL-001	Executive Order 20-52	Governor Ron DeSantis	Mar. 9, 2020	Governor Ron DeSantis, Executive Order 20-52 (Mar. 9, 2020) (Ex. FL-001)	/library/FL-001	/exhibit/FL-001
Ex. GA-001	Executive Order 03.14.20.01	Governor Brian P. Kemp	Mar. 14, 2020	Governor Brian P. Kemp, Executive Order 03.14.20.01 (Mar. 14, 2020) (Ex. GA-001)	/library/GA-001	/exhibit/GA-001
Ex. HI-003	Second Supplementary Proclamation and Rules Relating to COVID-19	Governor David Y. Ige	Mar. 21, 2020	Governor David Y. Ige, Second Supplementary Proclamation and Rules Relating to COVID-19 (Mar. 21, 2020) (Ex. HI-003)	/library/HI-003	/exhibit/HI-003
Ex. IL-068	Executive Order 2020-09 (COVID-19 Executive Order No. 7)	Governor JB Pritzker	Mar. 19, 2020	Governor JB Pritzker, Executive Order 2020-09 (COVID-19 Executive Order No. 7) (Mar. 19, 2020) (Ex. IL-068)	/library/IL-068	/exhibit/IL-068
Ex. LA-038	Proclamation 167 JBE 2021	Governor John Bel Edwards	Aug. 31, 2021	Governor John Bel Edwards, Proclamation 167 JBE 2021 (Aug. 31, 2021) (Ex. LA-038)	/library/LA-038	/exhibit/LA-038
Ex. LAW-001	CARES Act, Pub. L. 116-136, 134 Stat. 281 (Mar. 27, 2020) (Statutes at Large pages; sec. 2301 at 347-351)	United States Congress	Mar. 27, 2020	United States Congress, CARES Act, Pub. L. 116-136, 134 Stat. 281 (Mar. 27, 2020) (Statutes at Large pages; sec. 2301 at 347-351) (Ex. LAW-001)	/library/LAW-001	/exhibit/LAW-001
Ex. LAW-002	Consolidated Appropriations Act, 2021, Pub. L. 116-260, 134 Stat. 1182 (Dec. 27, 2020) (div. EE, Taxpayer Certainty and Disaster Tax Relief Act of 2020, secs.…	United States Congress	Dec. 27, 2020	United States Congress, Consolidated Appropriations Act, 2021, Pub. L. 116-260, 134 Stat. 1182 (Dec. 27, 2020) (div. EE, Taxpayer Certainty and Disaster Tax Relief Act of 2020, secs. 206-207 at 134 Stat. 3059-3065) (Ex. LAW-002)	/library/LAW-002	/exhibit/LAW-002
Ex. LAW-003	American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021) (sec. 9651 at 176-182)	United States Congress	Mar. 11, 2021	United States Congress, American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021) (sec. 9651 at 176-182) (Ex. LAW-003)	/library/LAW-003	/exhibit/LAW-003
Ex. LAW-004	Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429 (Nov. 15, 2021) (sec. 80604 at 1341)	United States Congress	Nov. 15, 2021	United States Congress, Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429 (Nov. 15, 2021) (sec. 80604 at 1341) (Ex. LAW-004)	/library/LAW-004	/exhibit/LAW-004
Ex. LAW-487	U.S. Department of Labor, OSHA, News Release, 'U.S. Department of Labor Cites Smithfield Packaged Meats Corp. For Failing to Protect Employees from Coronavirus'…	OSHA, U.S. Department of Labor	Sept. 10, 2020	OSHA, U.S. Department of Labor, U.S. Department of Labor, OSHA, News Release, 'U.S. Department of Labor Cites Smithfield Packaged Meats Corp. For Failing to Protect Employees from Coronavirus' (Region 8, Sept. 10, 2020) (Ex. LAW-487)	/library/LAW-487	/exhibit/LAW-487
Ex. MT-009	Stay at Home Directive (Directive Implementing Executive Orders 2-2020 and 3-2020 providing measures to stay at home and designating certain essential…	Governor Steve Bullock	Mar. 26, 2020	Governor Steve Bullock, Stay at Home Directive (Directive Implementing Executive Orders 2-2020 and 3-2020 providing measures to stay at home and designating certain essential functions) (Mar. 26, 2020) (Ex. MT-009)	/library/MT-009	/exhibit/MT-009
Ex. NJ-001	Executive Order No. 103 (2020)	Governor Philip D. Murphy	Mar. 9, 2020	Governor Philip D. Murphy, Executive Order No. 103 (2020) (Mar. 9, 2020) (Ex. NJ-001)	/library/NJ-001	/exhibit/NJ-001
Ex. NJ-084	Executive Directive No. 20-016 (Revised) (original June 24, 2020; amended July 29, 2020, October 20, 2020 and June 16, 2021; the retrieved text is the January…	Judith M. Persichilli, Commissioner of Health	June 24, 2020	Judith M. Persichilli, Commissioner of Health, Executive Directive No. 20-016 (Revised) (original June 24, 2020; amended July 29, 2020, October 20, 2020 and June 16, 2021; the retrieved text is the January 20, 2023 revision) (Ex. NJ-084)	/library/NJ-084	/exhibit/NJ-084
Ex. NM-008	Public Health Emergency Order Temporarily Regulating the Sale and Distribution of Personal Protective Equipment Due to Shortages Caused by COVID-19 (Mar. 24…	Secretary of Health Kathyleen M. Kunkel	Mar. 24, 2020	Secretary of Health Kathyleen M. Kunkel, Public Health Emergency Order Temporarily Regulating the Sale and Distribution of Personal Protective Equipment Due to Shortages Caused by COVID-19 (Mar. 24, 2020) (Ex. NM-008)	/library/NM-008	/exhibit/NM-008
Ex. NV-012	Declaration of Emergency Directive 010 - Stay at Home Order	Governor Steve Sisolak	Mar. 31, 2020	Governor Steve Sisolak, Declaration of Emergency Directive 010 - Stay at Home Order (Mar. 31, 2020) (Ex. NV-012)	/library/NV-012	/exhibit/NV-012
Ex. NY-005	Executive Order No. 202.10	Governor Andrew M. Cuomo	Mar. 23, 2020	Governor Andrew M. Cuomo, Executive Order No. 202.10 (Mar. 23, 2020) (Ex. NY-005)	/library/NY-005	/exhibit/NY-005
Ex. PA-006	Order of the Governor for Individuals to Stay at Home (statewide)	Governor Tom Wolf	Apr. 1, 2020	Governor Tom Wolf, Order of the Governor for Individuals to Stay at Home (statewide) (Apr. 1, 2020) (Ex. PA-006)	/library/PA-006	/exhibit/PA-006
Ex. PA-025	Order of the Secretary of the Pennsylvania Department of Health Requiring Reduction of Elective Procedures in Regions with Low Acute Care Treatment Capacity	Secretary of Health Rachel Levine, M.D.	Nov. 23, 2020	Secretary of Health Rachel Levine, M.D, Order of the Secretary of the Pennsylvania Department of Health Requiring Reduction of Elective Procedures in Regions with Low Acute Care Treatment Capacity (Nov. 23, 2020) (Ex. PA-025)	/library/PA-025	/exhibit/PA-025
Ex. SEC-02-001	COVID-19 Healthcare Emergency Temporary Standard, 29 C.F.R. 1910.502 (with 1910.504, 1910.505, 1910.509)	Occupational Safety and Health Administration, U.S. Department of Labor	June 21, 2021	Occupational Safety and Health Administration, U.S. Department of Labor, COVID-19 Healthcare Emergency Temporary Standard, 29 C.F.R. 1910.502 (with 1910.504, 1910.505, 1910.509) (June 21, 2021) (Ex. SEC-02-001)	/library/SEC-02-001	/exhibit/SEC-02-001
Ex. SEC-02-002	Directive DIR 2021-03 (CPL 03), Revised National Emphasis Program - Coronavirus Disease 2019 (COVID-19)	OSHA	July 7, 2021	OSHA, Directive DIR 2021-03 (CPL 03), Revised National Emphasis Program - Coronavirus Disease 2019 (COVID-19) (July 7, 2021) (Ex. SEC-02-002)	/library/SEC-02-002	/exhibit/SEC-02-002
Ex. SEC-02-003	Non-Emergent, Elective Medical Services, and Treatment Recommendations (Mar. 18, 2020; updated Apr. 7, 2020)	Centers for Medicare & Medicaid Services	Apr. 7, 2020	Centers for Medicare & Medicaid Services, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Mar. 18, 2020; updated Apr. 7, 2020) (Ex. SEC-02-003)	/library/SEC-02-003	/exhibit/SEC-02-003
Ex. SEC-02-004	Opening Up America Again: CMS Recommendations Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I	CMS	Apr. 19, 2020	CMS, Opening Up America Again: CMS Recommendations Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020) (Ex. SEC-02-004)	/library/SEC-02-004	/exhibit/SEC-02-004
Ex. SEC-02-005	COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers	CMS (Secretary of HHS)	Mar. 30, 2020	CMS (Secretary of HHS), COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (Mar. 30, 2020) (Ex. SEC-02-005)	/library/SEC-02-005	/exhibit/SEC-02-005
Ex. SEC-02-006	CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency, 85 Fed. Reg. 19230	CMS	Apr. 6, 2020	CMS, CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency, 85 Fed. Reg. 19230 (Apr. 6, 2020) (Ex. SEC-02-006)	/library/SEC-02-006	/exhibit/SEC-02-006
Ex. SEC-02-007	CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency, 85 Fed. Reg. 27550	CMS	May 8, 2020	CMS, CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency, 85 Fed. Reg. 27550 (May 8, 2020) (Ex. SEC-02-007)	/library/SEC-02-007	/exhibit/SEC-02-007
Ex. SEC-02-008	Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency, 85 Fed. Reg. 22024	HHS Office for Civil Rights	Apr. 21, 2020	HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency, 85 Fed. Reg. 22024 (Apr. 21, 2020) (Ex. SEC-02-008)	/library/SEC-02-008	/exhibit/SEC-02-008
Ex. SEC-02-009	Opioid Treatment Program guidance: blanket exception for take-home methadone doses (Mar. 16, 2020)	Substance Abuse and Mental Health Services Administration	Mar. 16, 2020	Substance Abuse and Mental Health Services Administration, Opioid Treatment Program guidance: blanket exception for take-home methadone doses (Mar. 16, 2020) (Ex. SEC-02-009)	/library/SEC-02-009	/exhibit/SEC-02-009
Ex. SEC-02-010	Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use, temporary final rule, 85 Fed. Reg. 20195	FEMA, Department of Homeland Security	Apr. 10, 2020	FEMA, Department of Homeland Security, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use, temporary final rule, 85 Fed. Reg. 20195 (Apr. 10, 2020) (Ex. SEC-02-010)	/library/SEC-02-010	/exhibit/SEC-02-010
Ex. SEC-02-011	Executive Order GA-09	Governor Greg Abbott	Mar. 22, 2020	Governor Greg Abbott, Executive Order GA-09 (Mar. 22, 2020) (Ex. SEC-02-011)	/library/SEC-02-011	/exhibit/SEC-02-011
Ex. SEC-02-012	Executive Order GA-15	Governor Greg Abbott	Apr. 17, 2020	Governor Greg Abbott, Executive Order GA-15 (Apr. 17, 2020) (Ex. SEC-02-012)	/library/SEC-02-012	/exhibit/SEC-02-012
Ex. SEC-02-013	Executive Order GA-19	Governor Greg Abbott	Apr. 27, 2020	Governor Greg Abbott, Executive Order GA-19 (Apr. 27, 2020) (Ex. SEC-02-013)	/library/SEC-02-013	/exhibit/SEC-02-013
Ex. SEC-02-014	Executive Order GA-27	Governor Greg Abbott	June 25, 2020	Governor Greg Abbott, Executive Order GA-27 (June 25, 2020) (Ex. SEC-02-014)	/library/SEC-02-014	/exhibit/SEC-02-014
Ex. SEC-02-015	Executive Order GA-31	Governor Greg Abbott	Sept. 17, 2020	Governor Greg Abbott, Executive Order GA-31 (Sept. 17, 2020) (Ex. SEC-02-015)	/library/SEC-02-015	/exhibit/SEC-02-015
Ex. SEC-02-016	Executive Order GA-32	Governor Greg Abbott	Oct. 7, 2020	Governor Greg Abbott, Executive Order GA-32 (Oct. 7, 2020) (Ex. SEC-02-016)	/library/SEC-02-016	/exhibit/SEC-02-016
Ex. SEC-02-017	Executive Order No. 109	Governor Philip D. Murphy	Mar. 23, 2020	Governor Philip D. Murphy, Executive Order No. 109 (Mar. 23, 2020) (Ex. SEC-02-017)	/library/SEC-02-017	/exhibit/SEC-02-017
Ex. SEC-02-018	Executive Order No. 145	Governor Philip D. Murphy	May 15, 2020	Governor Philip D. Murphy, Executive Order No. 145 (May 15, 2020) (Ex. SEC-02-018)	/library/SEC-02-018	/exhibit/SEC-02-018
Ex. SEC-02-019	Executive Order No. 252	Governor Philip D. Murphy	Aug. 6, 2021	Governor Philip D. Murphy, Executive Order No. 252 (Aug. 6, 2021) (Ex. SEC-02-019)	/library/SEC-02-019	/exhibit/SEC-02-019
Ex. SEC-02-020	Executive Order 20-72	Governor Ron DeSantis	Mar. 20, 2020	Governor Ron DeSantis, Executive Order 20-72 (Mar. 20, 2020) (Ex. SEC-02-020)	/library/SEC-02-020	/exhibit/SEC-02-020
Ex. SEC-02-021	Executive Order 20-112	Governor Ron DeSantis	Apr. 29, 2020	Governor Ron DeSantis, Executive Order 20-112 (Apr. 29, 2020) (Ex. SEC-02-021)	/library/SEC-02-021	/exhibit/SEC-02-021
Ex. SEC-02-022	Emergency Executive Order 20-09	Governor Tim Walz (approved by the Executive Council)	Mar. 19, 2020	Governor Tim Walz (approved by the Executive Council), Emergency Executive Order 20-09 (Mar. 19, 2020) (Ex. SEC-02-022)	/library/SEC-02-022	/exhibit/SEC-02-022
Ex. SEC-02-023	Emergency Executive Order 20-51	Governor Tim Walz	May 5, 2020	Governor Tim Walz, Emergency Executive Order 20-51 (May 5, 2020) (Ex. SEC-02-023)	/library/SEC-02-023	/exhibit/SEC-02-023
Ex. SEC-02-024	Executive Order No. 1463 (Mar. 24, 2020) and Supplement (Mar. 26, 2020)	Governor Tate Reeves	Mar. 24, 2020	Governor Tate Reeves, Executive Order No. 1463 (Mar. 24, 2020) and Supplement (Mar. 26, 2020) (Ex. SEC-02-024)	/library/SEC-02-024	/exhibit/SEC-02-024
Ex. SEC-02-025	Executive Order No. 1477 (Safer at Home)	Governor Tate Reeves	Apr. 24, 2020	Governor Tate Reeves, Executive Order No. 1477 (Safer at Home) (Apr. 24, 2020) (Ex. SEC-02-025)	/library/SEC-02-025	/exhibit/SEC-02-025
Ex. SEC-02-026	Executive Order No. 18	Governor Bill Lee	Mar. 23, 2020	Governor Bill Lee, Executive Order No. 18 (Mar. 23, 2020) (Ex. SEC-02-026)	/library/SEC-02-026	/exhibit/SEC-02-026
Ex. SEC-02-027	Executive Order No. 25	Governor Bill Lee	Apr. 8, 2020	Governor Bill Lee, Executive Order No. 25 (Apr. 8, 2020) (Ex. SEC-02-027)	/library/SEC-02-027	/exhibit/SEC-02-027
Ex. SEC-02-028	Proclamation 20-24 (amending Proclamation 20-05)	Governor Jay Inslee	Mar. 19, 2020	Governor Jay Inslee, Proclamation 20-24 (amending Proclamation 20-05) (Mar. 19, 2020) (Ex. SEC-02-028)	/library/SEC-02-028	/exhibit/SEC-02-028
Ex. SEC-02-029	Proclamation 20-24.1	Governor Jay Inslee	May 18, 2020	Governor Jay Inslee, Proclamation 20-24.1 (May 18, 2020) (Ex. SEC-02-029)	/library/SEC-02-029	/exhibit/SEC-02-029
Ex. SEC-02-030	Proclamation 21-14	Governor Jay Inslee	Aug. 9, 2021	Governor Jay Inslee, Proclamation 21-14 (Aug. 9, 2021) (Ex. SEC-02-030)	/library/SEC-02-030	/exhibit/SEC-02-030
Ex. SEC-02-031	Executive Order No. 20-10	Governor Kate Brown	Mar. 19, 2020	Governor Kate Brown, Executive Order No. 20-10 (Mar. 19, 2020) (Ex. SEC-02-031)	/library/SEC-02-031	/exhibit/SEC-02-031
Ex. SEC-02-032	Executive Order No. 20-22	Governor Kate Brown	Apr. 27, 2020	Governor Kate Brown, Executive Order No. 20-22 (Apr. 27, 2020) (Ex. SEC-02-032)	/library/SEC-02-032	/exhibit/SEC-02-032
Ex. SEC-02-033	CHFS/DPH Directive of March 23, 2020 (elective procedures)	Cabinet for Health and Family Services (Acting Secretary Eric Friedlander, Governor's designee) and Department for Public Health (Commissioner Steven J. Stack, M.D.)	Mar. 23, 2020	Cabinet for Health and Family Services (Acting Secretary Eric Friedlander, Governor's designee) and Department for Public Health (Commissioner Steven J. Stack, M.D.), CHFS/DPH Directive of March 23, 2020 (elective procedures) (Mar. 23, 2020) (Ex. SEC-02-033)	/library/SEC-02-033	/exhibit/SEC-02-033
Ex. SEC-02-034	Addendum 3 to Executive Order 01-20	Governor Phil Scott	Mar. 20, 2020	Governor Phil Scott, Addendum 3 to Executive Order 01-20 (Mar. 20, 2020) (Ex. SEC-02-034)	/library/SEC-02-034	/exhibit/SEC-02-034
Ex. SEC-02-036	Director's Order for the Management of Non-Essential Surgeries and Procedures throughout Ohio	Director of Health Amy Acton, M.D., Ohio Department of Health	Mar. 17, 2020	Director of Health Amy Acton, M.D., Ohio Department of Health, Director's Order for the Management of Non-Essential Surgeries and Procedures throughout Ohio (Mar. 17, 2020) (Ex. SEC-02-036)	/library/SEC-02-036
Ex. SEC-02-037	Order of the Secretary of the Pennsylvania Department of Health Requiring Reduction of Elective Procedures in Regions with Low Acute Care Treatment Capacity	Secretary of Health Rachel Levine, M.D.	Nov. 23, 2020	Secretary of Health Rachel Levine, M.D, Order of the Secretary of the Pennsylvania Department of Health Requiring Reduction of Elective Procedures in Regions with Low Acute Care Treatment Capacity (Nov. 23, 2020) (Ex. SEC-02-037)	/library/SEC-02-037	/exhibit/SEC-02-037
Ex. SEC-02-038	10 NYCRR 2.61, Prevention of COVID-19 transmission by covered entities (emergency regulation)	Commissioner of Health (Public Health and Health Planning Council emergency regulation)	Aug. 26, 2021	Commissioner of Health (Public Health and Health Planning Council emergency regulation), 10 NYCRR 2.61, Prevention of COVID-19 transmission by covered entities (emergency regulation) (Aug. 26, 2021) (Ex. SEC-02-038)	/library/SEC-02-038	/exhibit/SEC-02-038
Ex. SEC-02-039	Executive Order 2020-10	Governor Douglas A. Ducey	Mar. 19, 2020	Governor Douglas A. Ducey, Executive Order 2020-10 (Mar. 19, 2020) (Ex. SEC-02-039)	/library/SEC-02-039	/exhibit/SEC-02-039
Ex. SEC-02-042	Proclamation of Disaster Emergency (Mar. 26, 2020)	Governor Kim Reynolds	Mar. 26, 2020	Governor Kim Reynolds, Proclamation of Disaster Emergency (Mar. 26, 2020) (Ex. SEC-02-042)	/library/SEC-02-042	/exhibit/SEC-02-042
Ex. SEC-02-043	Proclamation of Disaster Emergency (Apr. 24, 2020)	Governor Kim Reynolds	Apr. 24, 2020	Governor Kim Reynolds, Proclamation of Disaster Emergency (Apr. 24, 2020) (Ex. SEC-02-043)	/library/SEC-02-043	/exhibit/SEC-02-043
Ex. SEC-02-044	Executive Order No. 31	Governor Bill Lee	Apr. 28, 2020	Governor Bill Lee, Executive Order No. 31 (Apr. 28, 2020) (Ex. SEC-02-044)	/library/SEC-02-044	/exhibit/SEC-02-044
Ex. SEC-02-045	State Public Health Officer Order of August 5, 2021 (Health Care Worker Vaccine Requirement)	State Public Health Officer and Director, California Department of Public Health (Tomas J. Aragon, M.D.)	Aug. 5, 2021	State Public Health Officer and Director, California Department of Public Health (Tomas J. Aragon, M.D.), State Public Health Officer Order of August 5, 2021 (Health Care Worker Vaccine Requirement) (Aug. 5, 2021) (Ex. SEC-02-045)	/library/SEC-02-045	/exhibit/SEC-02-045
Ex. SEC-02-046	State Public Health Officer Order of July 26, 2021 (Unvaccinated Workers in High-Risk Settings)	State Public Health Officer, CDPH	July 26, 2021	State Public Health Officer, CDPH, State Public Health Officer Order of July 26, 2021 (Unvaccinated Workers in High-Risk Settings) (Ex. SEC-02-046)	/library/SEC-02-046	/exhibit/SEC-02-046
Ex. SEC-02-047	Cal. Code Regs. tit. 8, sec. 3205, COVID-19 Prevention (emergency temporary standard as readopted June 17, 2021)	Occupational Safety and Health Standards Board (Cal/OSHA)	June 17, 2021	Occupational Safety and Health Standards Board (Cal/OSHA), Cal. Code Regs. tit. 8, sec. 3205, COVID-19 Prevention (emergency temporary standard as readopted June 17, 2021) (Ex. SEC-02-047)	/library/SEC-02-047	/exhibit/SEC-02-047
Ex. SEC-02-048	Executive Order No. 202.10	Governor Andrew M. Cuomo	Mar. 23, 2020	Governor Andrew M. Cuomo, Executive Order No. 202.10 (Mar. 23, 2020) (Ex. SEC-02-048)	/library/SEC-02-048	/exhibit/SEC-02-048
Ex. SEC-02-049	Executive Order No. 202.25	Governor Andrew M. Cuomo	Apr. 29, 2020	Governor Andrew M. Cuomo, Executive Order No. 202.25 (Apr. 29, 2020) (Ex. SEC-02-049)	/library/SEC-02-049	/exhibit/SEC-02-049
Ex. SEC-02-050	Executive Order 2020-09 (COVID-19 Executive Order No. 7)	Governor JB Pritzker	Mar. 19, 2020	Governor JB Pritzker, Executive Order 2020-09 (COVID-19 Executive Order No. 7) (Mar. 19, 2020) (Ex. SEC-02-050)	/library/SEC-02-050	/exhibit/SEC-02-050
Ex. SEC-02-051	Executive Order 2021-20 (COVID-19 Executive Order No. 87)	Governor JB Pritzker	Aug. 26, 2021	Governor JB Pritzker, Executive Order 2021-20 (COVID-19 Executive Order No. 87) (Aug. 26, 2021) (Ex. SEC-02-051)	/library/SEC-02-051	/exhibit/SEC-02-051
Ex. SEC-02-052	Executive Order 2020-12	Governor Kristi Noem	Apr. 6, 2020	Governor Kristi Noem, Executive Order 2020-12 (Apr. 6, 2020) (Ex. SEC-02-052)	/library/SEC-02-052	/exhibit/SEC-02-052
Ex. SEC-02-053	ADH Directive on Elective Surgeries	Arkansas Department of Health (Secretary of Health Nathaniel Smith, M.D.)	Mar. 30, 2020	Arkansas Department of Health (Secretary of Health Nathaniel Smith, M.D.), ADH Directive on Elective Surgeries (Mar. 30, 2020) (Ex. SEC-02-053)	/library/SEC-02-053	/exhibit/SEC-02-053
Ex. SEC-02-054	Order of Public Health Emergency Two	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, M.D.	Mar. 25, 2020	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, M.D, Order of Public Health Emergency Two (Mar. 25, 2020) (Ex. SEC-02-054)	/library/SEC-02-054	/exhibit/SEC-02-054
Ex. SEC-02-055	Executive Order 2020-05D	Governor Mike DeWine	Mar. 19, 2020	Governor Mike DeWine, Executive Order 2020-05D (Mar. 19, 2020) (Ex. SEC-02-055)	/library/SEC-02-055	/exhibit/SEC-02-055
Ex. SEC-02-057	Executive Order 04.20.20.01	Governor Brian P. Kemp	Apr. 20, 2020	Governor Brian P. Kemp, Executive Order 04.20.20.01 (Apr. 20, 2020) (Ex. SEC-02-057)	/library/SEC-02-057	/exhibit/SEC-02-057
Ex. SEC-02-058	Executive Order No. 2020-17	Governor Gretchen Whitmer	Mar. 20, 2020	Governor Gretchen Whitmer, Executive Order No. 2020-17 (Mar. 20, 2020) (Ex. SEC-02-058)	/library/SEC-02-058	/exhibit/SEC-02-058
Ex. SEC-02-059	Executive Order No. 7G	Governor Ned Lamont	Mar. 19, 2020	Governor Ned Lamont, Executive Order No. 7G (Mar. 19, 2020) (Ex. SEC-02-059)	/library/SEC-02-059	/exhibit/SEC-02-059
Ex. SEC-02-060	Order of the Governor No. 20-03-23-01, Various Health Care Matters	Governor Lawrence J. Hogan, Jr.	Mar. 23, 2020	Governor Lawrence J. Hogan, Jr, Order of the Governor No. 20-03-23-01, Various Health Care Matters (Mar. 23, 2020) (Ex. SEC-02-060)	/library/SEC-02-060	/exhibit/SEC-02-060
Ex. SEC-02-061	Order of the Governor No. 20-04-01-01, Amending and Restating Order No. 20-03-20-01, To Further Authorize Additional Telehealth Services	Governor Lawrence J. Hogan, Jr.	Apr. 1, 2020	Governor Lawrence J. Hogan, Jr, Order of the Governor No. 20-04-01-01, Amending and Restating Order No. 20-03-20-01, To Further Authorize Additional Telehealth Services (Apr. 1, 2020) (Ex. SEC-02-061)	/library/SEC-02-061	/exhibit/SEC-02-061
Ex. SEC-02-062	Fourth Amended Executive Order 2020-07 (filed Mar. 24, 2020)	Governor J. Kevin Stitt	Mar. 24, 2020	Governor J. Kevin Stitt, Fourth Amended Executive Order 2020-07 (filed Mar. 24, 2020) (Ex. SEC-02-062)	/library/SEC-02-062	/exhibit/SEC-02-062
Ex. SEC-02-063	Amended Executive Memorandum 2020-01 (filed Mar. 25, 2020)	Governor J. Kevin Stitt	Mar. 25, 2020	Governor J. Kevin Stitt, Amended Executive Memorandum 2020-01 (filed Mar. 25, 2020) (Ex. SEC-02-063)	/library/SEC-02-063	/exhibit/SEC-02-063
Ex. SEC-02-066	Executive Order 20-13	Governor Eric J. Holcomb	Mar. 30, 2020	Governor Eric J. Holcomb, Executive Order 20-13 (Mar. 30, 2020) (Ex. SEC-02-066)	/library/SEC-02-066	/exhibit/SEC-02-066
Ex. SEC-02-067	Executive Order 16-20	Governor Jim Justice	Mar. 31, 2020	Governor Jim Justice, Executive Order 16-20 (Mar. 31, 2020) (Ex. SEC-02-067)	/library/SEC-02-067
Ex. SEC-02-068	COVID-19 Health Mandate 005	Governor Mike Dunleavy; Commissioner of Health and Social Services; Chief Medical Officer	Mar. 19, 2020	Governor Mike Dunleavy; Commissioner of Health and Social Services; Chief Medical Officer, COVID-19 Health Mandate 005 (Mar. 19, 2020) (Ex. SEC-02-068)	/library/SEC-02-068	/exhibit/SEC-02-068
Ex. SEC-02-069	Order of the State Health Officer Suspending Certain Public Gatherings Due to Risk of Infection by COVID-19 (statewide), Mar. 19, 2020, as amended Mar. 27…	State Health Officer Scott Harris, M.D.	Mar. 19, 2020	State Health Officer Scott Harris, M.D, Order of the State Health Officer Suspending Certain Public Gatherings Due to Risk of Infection by COVID-19 (statewide), Mar. 19, 2020, as amended Mar. 27 (effective Mar. 28) and Apr. 3, 2020 (Ex. SEC-02-069)	/library/SEC-02-069	/exhibit/SEC-02-069
Ex. SEC-02-070	Executive Order No. 2020-96	Governor Gretchen Whitmer	May 21, 2020	Governor Gretchen Whitmer, Executive Order No. 2020-96 (May 21, 2020) (Ex. SEC-02-070)	/library/SEC-02-070	/exhibit/SEC-02-070
Ex. SEC-02-071	216-RICR-20-15-8, Requirement for Immunization Against COVID-19 for All Workers in Licensed Health Care Facilities and Other Practicing Health Care Providers…	Rhode Island Department of Health	Aug. 17, 2021	Rhode Island Department of Health, 216-RICR-20-15-8, Requirement for Immunization Against COVID-19 for All Workers in Licensed Health Care Facilities and Other Practicing Health Care Providers (emergency amendment) (Aug. 17, 2021) (Ex. SEC-02-071)	/library/SEC-02-071	/exhibit/SEC-02-071
Ex. SEC-02-073	State Public Health Officer Order of June 11, 2021 (Beyond the Blueprint)	State Public Health Officer, CDPH	June 11, 2021	State Public Health Officer, CDPH, State Public Health Officer Order of June 11, 2021 (Beyond the Blueprint) (Ex. SEC-02-073)	/library/SEC-02-073	/exhibit/SEC-02-073
Ex. SEC-02-074	Executive Order D 2020 009	Governor Jared Polis	Mar. 19, 2020	Governor Jared Polis, Executive Order D 2020 009 (Mar. 19, 2020) (Ex. SEC-02-074)	/library/SEC-02-074	/exhibit/SEC-02-074
Ex. SEC-02-075	Executive Order D 2020 027	Governor Jared Polis	Apr. 6, 2020	Governor Jared Polis, Executive Order D 2020 027 (Apr. 6, 2020) (Ex. SEC-02-075)	/library/SEC-02-075	/exhibit/SEC-02-075
Ex. SEC-02-076	Executive Order D 2020 045	Governor Jared Polis	Apr. 26, 2020	Governor Jared Polis, Executive Order D 2020 045 (Apr. 26, 2020) (Ex. SEC-02-076)	/library/SEC-02-076	/exhibit/SEC-02-076
Ex. SEC-02-077	Executive Order D 2020 020	Governor Jared Polis	Apr. 1, 2020	Governor Jared Polis, Executive Order D 2020 020 (Apr. 1, 2020) (Ex. SEC-02-077)	/library/SEC-02-077	/exhibit/SEC-02-077
Ex. SEC-02-078	Executive Order No. 1470	Governor Tate Reeves	Apr. 10, 2020	Governor Tate Reeves, Executive Order No. 1470 (Apr. 10, 2020) (Ex. SEC-02-078)	/library/SEC-02-078	/exhibit/SEC-02-078
Ex. SEC-02-079	OAR 333-019-1011, Masking Requirements to Control COVID-19 in Health Care Settings (temporary rule PH 37-2021)	Oregon Health Authority, Public Health Division	Aug. 20, 2021	Oregon Health Authority, Public Health Division, OAR 333-019-1011, Masking Requirements to Control COVID-19 in Health Care Settings (temporary rule PH 37-2021) (Aug. 20, 2021) (Ex. SEC-02-079)	/library/SEC-02-079	/exhibit/SEC-02-079
Ex. SEC-02-080	Insurance Circular Letter No. 6 (2020)	Department of Financial Services	Mar. 15, 2020	Department of Financial Services, Insurance Circular Letter No. 6 (2020) (Mar. 15, 2020) (Ex. SEC-02-080)	/library/SEC-02-080	/exhibit/SEC-02-080
Ex. SEC-02-GM-001	Organizer notice	American College of Cardiology	Mar. 9, 2020	American College of Cardiology, Organizer notice (Mar. 9, 2020) (Ex. SEC-02-GM-001)	/library/SEC-02-GM-001	/exhibit/SEC-02-GM-001
Ex. SEC-02-GM-002	Organizer notice	DDW Administration (AASLD, AGA, ASGE, SSAT)	Mar. 18, 2020	DDW Administration (AASLD, AGA, ASGE, SSAT), Organizer notice (Mar. 18, 2020) (Ex. SEC-02-GM-002)	/library/SEC-02-GM-002	/exhibit/SEC-02-GM-002
Ex. SEC-02-GM-003	Organizer notice	American Psychological Association	May 25, 2020	American Psychological Association, Organizer notice (May 25, 2020) (Ex. SEC-02-GM-003)	/library/SEC-02-GM-003	/exhibit/SEC-02-GM-003
Ex. SEC-02-GM-004	Organizer notice	American Academy of Physician Assistants	Mar. 23, 2020	American Academy of Physician Assistants, Organizer notice (Mar. 23, 2020) (Ex. SEC-02-GM-004)	/library/SEC-02-GM-004	/exhibit/SEC-02-GM-004
Ex. SEC-02-GM-005	Organizer notice	American Academy of Family Physicians	July 13, 2020	American Academy of Family Physicians, Organizer notice (July 13, 2020) (Ex. SEC-02-GM-005)	/library/SEC-02-GM-005	/exhibit/SEC-02-GM-005
Ex. SEC-02-GM-006	Organizer notice	American Speech-Language-Hearing Association	July 10, 2020	American Speech-Language-Hearing Association, Organizer notice (July 10, 2020) (Ex. SEC-02-GM-006)	/library/SEC-02-GM-006	/exhibit/SEC-02-GM-006
Ex. SEC-02-GM-007	Organizer notice	American Academy of Orthopaedic Surgeons	Mar. 14, 2020	American Academy of Orthopaedic Surgeons, Organizer notice (Mar. 14, 2020) (Ex. SEC-02-GM-007)	/library/SEC-02-GM-007	/exhibit/SEC-02-GM-007
Ex. SEC-02-GM-008	Organizer notice	American Society of Cataract and Refractive Surgery	July 19, 2021	American Society of Cataract and Refractive Surgery, Organizer notice (July 19, 2021) (Ex. SEC-02-GM-008)	/library/SEC-02-GM-008	/exhibit/SEC-02-GM-008
Ex. SEC-02-GM-009	Organizer notice	The Vision Council and Reed Exhibitions	Mar. 24, 2020	The Vision Council and Reed Exhibitions, Organizer notice (Mar. 24, 2020) (Ex. SEC-02-GM-009)	/library/SEC-02-GM-009	/exhibit/SEC-02-GM-009
Ex. SEC-02-GM-010	Organizer notice	Healthcare Information and Management Systems Society (HIMSS)	Mar. 5, 2020	Healthcare Information and Management Systems Society (HIMSS), Organizer notice (Mar. 5, 2020) (Ex. SEC-02-GM-010)	/library/SEC-02-GM-010	/exhibit/SEC-02-GM-010
Ex. SEC-02-GM-011	Organizer notice	American College of Emergency Physicians	July 26, 2020	American College of Emergency Physicians, Organizer notice (July 26, 2020) (Ex. SEC-02-GM-011)	/library/SEC-02-GM-011	/exhibit/SEC-02-GM-011
Ex. SEC-02-GM-012	Organizer notice	American Heart Association	Sept. 19, 2020	American Heart Association, Organizer notice (Sept. 19, 2020) (Ex. SEC-02-GM-012)	/library/SEC-02-GM-012	/exhibit/SEC-02-GM-012
Ex. SEC-02-GM-013	Organizer notice	American Academy of Ophthalmology	July 15, 2020	American Academy of Ophthalmology, Organizer notice (July 15, 2020) (Ex. SEC-02-GM-013)	/library/SEC-02-GM-013	/exhibit/SEC-02-GM-013
Ex. SEC-02-GM-014	Organizer notice	Endocrine Society	Mar. 9, 2020	Endocrine Society, Organizer notice (Mar. 9, 2020) (Ex. SEC-02-GM-014)	/library/SEC-02-GM-014	/exhibit/SEC-02-GM-014
Ex. SEC-02-GM-015	Organizer notice	American Physical Therapy Association	Apr. 4, 2020	American Physical Therapy Association, Organizer notice (Apr. 4, 2020) (Ex. SEC-02-GM-015)	/library/SEC-02-GM-015	/exhibit/SEC-02-GM-015
Ex. SEC-02-GM-016	Organizer notice	American Academy of Audiology	Mar. 24, 2020	American Academy of Audiology, Organizer notice (Mar. 24, 2020) (Ex. SEC-02-GM-016)	/library/SEC-02-GM-016	/exhibit/SEC-02-GM-016
Ex. SEC-02-GM-018	Organizer notice	Michigan Association of Chiropractors	May 11, 2020	Michigan Association of Chiropractors, Organizer notice (May 11, 2020) (Ex. SEC-02-GM-018)	/library/SEC-02-GM-018	/exhibit/SEC-02-GM-018
Ex. SEC-02-GM-019	Organizer notice	American Society of Plastic Surgeons	Aug. 9, 2020	American Society of Plastic Surgeons, Organizer notice (Aug. 9, 2020) (Ex. SEC-02-GM-019)	/library/SEC-02-GM-019	/exhibit/SEC-02-GM-019
Ex. SEC-02-GM-020	Organizer notice	Operation UNITE (HMP Global)	Mar. 29, 2020	Operation UNITE (HMP Global), Organizer notice (Mar. 29, 2020) (Ex. SEC-02-GM-020)	/library/SEC-02-GM-020	/exhibit/SEC-02-GM-020
Ex. SEC-02-GM-021	Organizer notice	The Vision Council and Reed Exhibitions	Mar. 24, 2020	The Vision Council and Reed Exhibitions, Organizer notice (Mar. 24, 2020) (Ex. SEC-02-GM-021)	/library/SEC-02-GM-021	/exhibit/SEC-02-GM-021
Ex. SEC-02-GM-022	Organizer notice	North American Spine Society	Aug. 6, 2020	North American Spine Society, Organizer notice (Aug. 6, 2020) (Ex. SEC-02-GM-022)	/library/SEC-02-GM-022	/exhibit/SEC-02-GM-022
Ex. SEC-02-GM-023	Organizer notice	American Society of Addiction Medicine	Apr. 2, 2020	American Society of Addiction Medicine, Organizer notice (Apr. 2, 2020) (Ex. SEC-02-GM-023)	/library/SEC-02-GM-023	/exhibit/SEC-02-GM-023
Ex. SEC-02-GM-024	Organizer notice	Healthcare Information and Management Systems Society (HIMSS)	Mar. 5, 2020	Healthcare Information and Management Systems Society (HIMSS), Organizer notice (Mar. 5, 2020) (Ex. SEC-02-GM-024)	/library/SEC-02-GM-024	/exhibit/SEC-02-GM-024
Ex. SEC-02-GM-025	Organizer notice	Healthcare Information and Management Systems Society (HIMSS)	Mar. 5, 2020	Healthcare Information and Management Systems Society (HIMSS), Organizer notice (Mar. 5, 2020) (Ex. SEC-02-GM-025)	/library/SEC-02-GM-025	/exhibit/SEC-02-GM-025
Ex. SEC-02-GM-026	Organizer notice	American Diabetes Association	Apr. 16, 2020	American Diabetes Association, Organizer notice (Apr. 16, 2020) (Ex. SEC-02-GM-026)	/library/SEC-02-GM-026	/exhibit/SEC-02-GM-026
Ex. SEC-02-GM-027	Organizer notice	American Academy of Orthopaedic Surgeons	Mar. 14, 2020	American Academy of Orthopaedic Surgeons, Organizer notice (Mar. 14, 2020) (Ex. SEC-02-GM-027)	/library/SEC-02-GM-027	/exhibit/SEC-02-GM-027
Ex. SEC-02-GM-028	Organizer notice	Michigan Association of Chiropractors	May 11, 2020	Michigan Association of Chiropractors, Organizer notice (May 11, 2020) (Ex. SEC-02-GM-028)	/library/SEC-02-GM-028	/exhibit/SEC-02-GM-028
Ex. TX-001	Disaster Proclamation (COVID-19)	Governor Greg Abbott	Mar. 13, 2020	Governor Greg Abbott, Disaster Proclamation (COVID-19) (Mar. 13, 2020) (Ex. TX-001)	/library/TX-001	/exhibit/TX-001
Ex. TX-004	Executive Order GA-09	Governor Greg Abbott	Mar. 22, 2020	Governor Greg Abbott, Executive Order GA-09 (Mar. 22, 2020) (Ex. TX-004)	/library/TX-004	/exhibit/TX-004
Ex. WA-032	Proclamation 20-24.1	Governor Jay Inslee	May 18, 2020	Governor Jay Inslee, Proclamation 20-24.1 (May 18, 2020) (Ex. WA-032)	/library/WA-032	/exhibit/WA-032
Ex. WA-049	Proclamation 20-24.2	Governor Jay Inslee	Nov. 25, 2020	Governor Jay Inslee, Proclamation 20-24.2 (Nov. 25, 2020) (Ex. WA-049)	/library/WA-049	/exhibit/WA-049
Ex. WV-063	Executive Order 12-21	Governor Jim Justice	Apr. 19, 2021	Governor Jim Justice, Executive Order 12-21 (Apr. 19, 2021) (Ex. WV-063)	/library/WV-063	/exhibit/WV-063

11. How to use this report

Keep this report with your payroll records and the other records that support your claim. The Notice itself describes what those records are. Q&A-70 says an employer "will adequately substantiate eligibility for the employee retention credit if the employer creates and maintains records that include," among other things, "any governmental order to suspend the employer's business operations" and "any records the employer relied upon to determine whether more than a nominal portion of its operations were suspended due to a governmental order or whether a governmental order had more than a nominal effect on its business operations" (Notice 2021-20, 2021-11 I.R.B. 922, Q&A-70, at 944-45). Q&A-71 says to keep those records "for at least 4 years after the date the tax becomes due or is paid, whichever comes later" (Q&A-71, at 945). This report is the first of those two items for your selection, and it is meant to sit beside the second.

If you have received a letter from the Service saying that no government orders were in effect during the quarter you claimed, this report answers that sentence with the public record, order by order. Read the quarter you claimed. For each instrument, the report gives you the issuer, the number, the dates, the words that commanded the change, the penalty behind them and the exhibit. Those are facts about the public record, and anyone can check them against the register, the code or the docket the report cites. The Service is free to argue about how much a given order affected your business. Whether the orders existed is not a matter of opinion.

Three points of public law matter to anyone holding such a letter. First, a notice that turns down a refund claim starts a clock. Under section 6532(a)(1) of the Internal Revenue Code, a refund suit cannot be brought "after the expiration of 2 years from the date of mailing by certified mail or registered mail by the Secretary to the taxpayer of a notice of the disallowance of the part of the claim to which the suit or proceeding relates." Second, asking the IRS Independent Office of Appeals to review the letter does not stop that clock; the Service's own page on the letter says so ("Requesting an appeal doesn't extend this time"), and section 6532(a)(4) provides that the Service's later consideration of the claim does not extend the period. Third, the period can be extended only by a written agreement between you and the Service under section 6532(a)(2), made on Form 907, Agreement to Extend the Time to Bring Suit, and effective only if the Service signs it before the two years run out.

The COVID Project does not give legal advice, and this report is not a substitute for it. Take it to your accountant, your enrolled agent or your lawyer. The dates above are public law, and the decisions they call for are yours and your adviser's to make.

Printed from covidproject.com/report?industry=02&quarters=2020Q2,2020Q3,2020Q4,2021Q1,2021Q2,2021Q3&federal=1&agencies=1&duties=1&meetings=1&answers=1 on Sept. 30, 2026. The COVID Project is a free public reference and this report is not legal advice.