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)
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)
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)
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)
Commissioner of Health, Blanket Waiver for Home Health Agency Licensing Standards at N.J.A.C. 8:42 that are More Stringent than Waivers and Guidance Issued by CMS during the Public Health Emergency (Apr. 24, 2020) (Ex. SEC-04-064)
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)
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)
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)
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)
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)
State Health Officer Scott Harris; promulgated by Governor Ivey, Order of the State Health Officer Suspending Certain Public Gatherings Due to Risk of Infection by COVID-19 (Applicable Statewide), Amended May 3, 2021 (Safer Apart) (Ex. AL-051)
CMS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (hospitals: Hospitals Without Walls; EMTALA; verbal orders; discharge planning; medical staff; physical environment; surge sites) (Mar. 30, 2020) (Ex. SEC-01-010)
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)
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)
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)
Centers for Medicare & Medicaid Services, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (Ex. SEC-04-008)
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)
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)
CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19 (Ex. FED-155)
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)
Louisiana Department of Health; Jimmy Guidry, M.D., State Health Officer, LDH State Health Officer Order - Nursing Home Visitation; Adult Residential Care Provider Visitation; ICF/DD Visitation (Sept. 18, 2020) (Ex. LA-050)
Centers for Medicare & Medicaid Services, HHS, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020): 42 C.F.R. 482.42(e) and 485.640(d) (hospital and CAH COVID-19 reporting as a condition of participation); 483.80(h) (LTC testing); 493.41 (laboratory SARS-CoV-2 test reporting) (Aug. 25, 2020) (Ex. SEC-01-004)
Centers for Medicare & Medicaid Services, Department of Health and Human Services, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (Ex. SEC-04-004)
Centers for Medicare & Medicaid Services, CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020) (Ex. SEC-04-006)
Centers for Medicare & Medicaid Services, CMS-1744-IFC, 85 Fed. Reg. 19230 (Apr. 6, 2020) (Ex. SEC-04-017)
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)
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)
CMS, Quality, Safety & Oversight Group, QSO-20-13-Hospitals-CAHs (REVISED) (Mar. 4, 2020) (Ex. SEC-01-006)
CMS (Secretary of HHS), COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (Mar. 30, 2020) (Ex. SEC-02-005)
Centers for Medicare & Medicaid Services (section 1135 waiver authority), COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (LTC facilities, HHAs, hospices, ICF/IIDs) (Mar. 30, 2020) (Ex. SEC-04-015)
Centers for Medicare & Medicaid Services, Survey and Certification Group, QSO-20-38-NH (Aug. 26, 2020) (Ex. SEC-04-005)
General Assembly of Arkansas, 93rd General Assembly (HB 1487, Rep. Gonzales; Sen. Gilmore); approved by Governor Asa Hutchinson, Act 559 of 2021 (HB 1487), Coronavirus 2019 (COVID-19) Tort Immunity (Apr. 5, 2021) (Ex. DUT-AR-013)
Georgia Department of Public Health (Kathleen E. Toomey, M.D., M.P.H., Commissioner and State Health Officer), DPH Administrative Order, Long-Term Care Facilities Reopening Guidance (Sept. 15, 2020) (Ex. DUT-GA-015)
South Dakota Legislature (96th Session); signed by Governor Kristi Noem, 2021 House Bill 1046 (enrolled), An Act to limit liability for certain exposures to COVID-19, adding SDCL ch. 21-68 (Feb. 18, 2021) (Ex. DUT-SD-013)
Idaho Department of Health and Welfare, Revised Guidelines for Safe Visitation in Long-term Care Facilities (Mar. 19, 2021) (Ex. ID-050)
Idaho Department of Health and Welfare, Guidelines for Safe Visitation in Long-term Care Facilities (updated June 9, 2021) (Ex. ID-051)
Governor Brad Little, Proclamation suspending eighteen additional regulations (telehealth, hospital and licensing rules) (Apr. 2, 2020) (Ex. ID-071)
Lee A. Norman, M.D., Secretary of the Kansas Department of Health and Environment and State Health Officer, KDHE Secretary's Order Requiring COVID-19 Testing in Adult Care Homes (June 18, 2021) (Ex. KS-052)
Dennis R. Schrader, Secretary of Health, MDH Amended Directive and Order Regarding Nursing Home Matters, No. MDH 2021-06-15-04 (Ex. MD-056)
Stephanie McCloud, Director, Ohio Department of Health, Director's Amended Order for the Testing of the Residents and Staff of all Nursing Homes (May 4, 2021) (Ex. OH-049)
California Department of Public Health, Center for Health Care Quality, Licensing and Certification Program, All Facilities Letter 20-22 (Mar. 13, 2020), as revised through AFL 20-22.9 (Aug. 12, 2021) (Ex. SEC-04-068)
Centers for Medicare & Medicaid Services (approval) on the application of the Pennsylvania Department of Human Services, Office of Long-Term Living, Appendix K: Emergency Preparedness and Response and COVID-19 Addendum to the Community HealthChoices and OBRA 1915(c) waivers (combined; final amendment fixing the end date) (Mar. 6, 2020) (Ex. SEC-04-078)
DHHR Office of Health Facility Licensure and Certification (OHFLAC), Nursing Home and Assisted Living Residences COVID-19 Reopening Plan (revised August 21, 2020) (Aug. 21, 2020) (Ex. WV-080)
Centers for Medicare & Medicaid Services, 1915(c) Home and Community-Based Services Waiver Instructions and Technical Guidance, Appendix K: Emergency Preparedness and Response (Mar. 1, 2020) (Ex. SEC-24-008)
Roger T. Severino, Director, Office for Civil Rights, HHS, Enforcement Discretion Under HIPAA To Allow Uses and Disclosures of Protected Health Information by Business Associates for Public Health and Health Oversight Activities in Response to COVID-19, 85 Fed. Reg. 19392 (Apr. 7, 2020) (Apr. 2, 2020) (Ex. AGY-FED-HEALTH-OTHER-002)
Judith Persichilli, Commissioner of Health, Executive Directive No. 20-018 (Revised June 16, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-033)
Governor Douglas A. Ducey, Executive Order 2020-22 (Apr. 7, 2020) (Ex. AZ-013)
Centers for Medicare & Medicaid Services (condition of participation for long-term care facilities), 42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing) (standing) (Ex. DUT-FED-023)
Iowa General Assembly (88th G.A.); signed by Governor Kim Reynolds June 18, 2020, Senate File 2338 (enrolled), An Act relating to civil actions... including civil actions related to the novel coronavirus, and including retroactive applicability provisions (the 'COVID-19 Response and Back-to-Business Limited Liability Act,' § 686D.1) (standing) (Ex. DUT-IA-007)
Montana Legislature (67th), Senate Bill 65, Ch. 2, L. 2021, Mont. Code Ann. 27-1-1601 (SB 65 sec. 1) (Feb. 10, 2021) (Ex. DUT-MT-015)
Nebraska Legislature (One Hundred Seventh Legislature, First Session); approved by Governor Pete Ricketts, Legislative Bill 139 (2021), the COVID-19 Liability Act (secs. 1-4) and the Health Care Crisis Protocol Act (secs. 5-9) (standing) (Ex. DUT-NE-019)
Nebraska Legislature, Neb. Rev. Stat. § 25-3603 (standing) (Ex. DUT-NE-020)
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)
Governor Brian P. Kemp, Executive Order 04.20.20.01 (Apr. 20, 2020) (Ex. GA-017)
Governor Brian P. Kemp, Executive Order 05.25.21.01 (May 25, 2021) (Ex. GA-036)
Governor Laura Kelly, Executive Order 20-41 (May 26, 2020) (Ex. KS-024)
Governor Laura Kelly, Kansas EO 20-69 (Dec. 9, 2020) and KDHE Secretary's Order (June 18, 2021) (Ex. KS-037)
DHSS Section for Long-Term Care Regulation (implementing the Director's waiver orders of Apr. 14 and 15, 2020), DHSS waiver orders of April 14-15, 2020 and implementation notice of April 17, 2020 (Apr. 17, 2020) (Ex. MO-027)
Nebraska DHHS with the Infection Control Assessment and Promotion Program (ICAP), Guidance on Communal Dining/Group Activities for NF and AL (Apr. 1, 2021) (Ex. NE-069)
Stephanie McCloud, Director, Ohio Department of Health, Director's Order Rescinding Various Orders (June 18, 2021) (Ex. OH-051)
Stephanie McCloud, Director, Ohio Department of Health, Director's Seventh Amended Order to Permit Access to Ohio's Nursing Homes, with Exceptions (Mar. 22, 2021) (Ex. OH-075)
Centers for Medicare & Medicaid Services, QSO-20-29-NH (May 6, 2020) (Ex. SEC-04-007)
Centers for Medicare & Medicaid Services, QSO-21-17-NH (UPDATED 05/10/2021) (Apr. 8, 2021) (Ex. SEC-04-025)
Commissioner of Health, Executive Directive No. 20-026 (Aug. 20, 2020) (Ex. SEC-04-043)
