Function by function
Each of the industry's eleven functions was reached, in each quarter, by an order that closed it, capped it, conditioned it or rewrote the terms on which it was paid. This section takes each function in turn, states the instruments that reached it by quarter, the modification each compelled, and the determination that follows from the statute as Tri-State fixed it: a temporary delay, interruption or termination of a portion of the operation, because of the order.
AD. Adult day and senior-center programs
In the second quarter of 2020 the function was terminated by name in Iowa, Maryland, Pennsylvania, Ohio, Alabama, Louisiana, New Jersey, Kentucky, Miami-Dade, Minneapolis, Nassau County, Fairfax County, Summit and Salt Lake Counties, Milwaukee County, Louisville and Lexington, and by category everywhere else under the stay-at-home and closure orders; its congregate meals were converted to home delivery and grab-and-go under CARES Act § 3222; California's licensing agency limited entry to its facilities and waived staffing and background-check rules.195 In the third quarter of 2020 the closures continued in Ohio (to September 21), Maryland, New Jersey, Tennessee (to October 1), Vermont, Miami-Dade (to September 26) and Nassau County, and reopening elsewhere was conditioned: Iowa under Department of Public Health guidance, Delaware at 30 percent of fire occupancy, Ohio by phases, California at no more than 50 percent with screening at entry, Minneapolis on State guidance.196 In the fourth quarter of 2020 Maryland's and New Jersey's programs were closed, Indiana's Red counties cancelled senior-center activities from November 15, Tennessee's senior centers ran capacity-limited, Kansas's adult day care facilities tested and screened from December 14, and Delaware's and California's caps continued.197 In the first quarter of 2021 Maryland's centers were closed to March 12 and then conditioned by Department of Health directives, New Jersey's were closed throughout, Ohio's ran under the phased order, and Kansas's tested.198 In the second quarter of 2021 Ohio's orders ran to June 2, New Jersey's facilities were closed to June 15 and then operated under Executive Directive 21-007's protocols, Kansas's testing continued under the June 18 order, Massachusetts's day programs under the Commonwealth's face-covering order from May 29, and the OSHA standard reached every adult day health center from June 21.199 In the third quarter of 2021 every adult day health center operated under the OSHA standard, every New Jersey facility under Executive Directive 21-007, every California program under PIN 21-33-ASC from August 9 and PIN 21-44-ASC from September 28, every Kansas facility under the testing order, every Massachusetts program under the face-covering order, Maryland's centers under Order 21-03-09-02 to August 15, and adult day care workers under vaccination or testing mandates in Illinois, New Mexico, Rhode Island and Delaware.200
The operation of the adult day and senior-center function was partially suspended in the second quarter of 2020 through the third quarter of 2021 because of Ex. IA-002; Ex. IA-012; Ex. IA-018; Ex. MD-002; Ex. MD-070; Ex. MD-027; Ex. MD-051; Ex. PA-002; Ex. PA-003; Ex. OH-019; Ex. OH-101; Ex. OH-050; Ex. AL-005; Ex. AL-045; Ex. LA-049; Ex. NJ-081; Ex. AGY-ST-HEALTH-SUBORDERS-059; Ex. KY-004; Ex. TN-013; Ex. TN-024; Ex. VT-010; Ex. VT-025; Ex. DE-028; Ex. DE-031; Ex. DE-056; Ex. IN-046; Ex. IN-048; Ex. KS-037; Ex. KS-052 (Ex. KS-047, the Governor's release announcing Executive Order 21-15 of April 1, 2021, cited as context); Ex. MA-050; Ex. SEC-24-002; Ex. SEC-24-003; Ex. SEC-24-004; Ex. SEC-24-005; Ex. SEC-24-007; Ex. SEC-04-014; Ex. IL-042; Ex. NM-068; Ex. RI-072; Ex. AGY-ST-HEALTH-SUBORDERS-046; Ex. MET-MIA-001; Ex. MET-MIA-006; Ex. MET-MSP-003; Ex. MET-MSP-011; Ex. MET-NYC-053; Ex. MET-NYC-057; Ex. MET-DCM-092; Ex. MET-SLC-002; Ex. MET-SLC-041; Ex. WI-002 (with Ex. MET-MKE-053, Ex. MET-SDF-026 and Ex. MET-SDF-035 as the local governments' own records of the closures, cited as context) and the stay-at-home and closure orders of every State, each of which terminated, interrupted or conditioned the congregate operation that is the function.
DD. Developmental-disability day and residential programs
Day habilitation, prevocational and community habilitation services were prohibited in congregate settings in Ohio from March 21, 2020 to June 2, 2021 and closed under the stay-at-home orders everywhere else in the spring of 2020; where they were delivered at all, they were delivered in participants' homes and billed as retainer payments under Appendix K.201 The residential function ran under QSO-20-23 from March 30, 2020 (screening and restriction of visitors and visiting providers) until QSO-21-14 replaced it on February 10, 2021 with conditional visitation under core infection-prevention principles, revised June 3, 2021; under the vaccine-education, offering and reporting condition of 42 C.F.R. § 483.460(a)(4) from May 21, 2021; and under the OSHA standard from June 21, 2021 wherever nursing services were provided.202 The State orders swept group homes and intermediate care facilities in with nursing homes: Florida's visitation ban of March 15, 2020 (conditional from September 1, 2020; rescinded March 22, 2021) and its intermediate-care-facility staff-testing rule of August 3, 2020; North Carolina's Executive Order 120; Michigan's Executive Order 2020-7, its congregate-care entry order of October 6, 2020 and its residential care orders through May 21, 2021; Colorado's Public Health Order 20-20 from March 12, 2020, with testing at group homes and intermediate care facilities from June 1, 2021; New Hampshire's visitor prohibition from March 15, 2020 to June 11, 2021; Arizona's Executive Order 2020-22 from April 7, 2020 to April 1, 2021; Louisiana's orders of March 13 and September 18, 2020; Washington's Proclamation 20-66 from August 7, 2020 throughout; Ohio's notification and testing orders; Pennsylvania's baseline testing order; New Jersey's pool and testing directives; California's PINs 20-08-ASC, 20-23-ASC and 21-44-ASC; Los Angeles County's congregate facilities order; Minneapolis's Emergency Regulation 2020-11; the District's order that intermediate-care and community-residence residents stay at their place of residence; Montana's congregate-care directive; Idaho's rule suspensions; and South Dakota's group-home rule suspension.203 In the third quarter of 2021 the workers of the function were under vaccination or testing mandates in New Jersey (licensed community residences and certified day programs, from September 7), Connecticut (intermediate care facilities, by September 27), California (adult residential facilities, from September 28), New York (adult care facilities, from August 26), New York City (congregate settings, from August 16), Colorado (licensed health facilities, by September 30), Maryland (State congregate and certain residential facilities, September 1 and September 8), Washington (long-term care workers, order of August 9), Oregon (residential care, from August 5), Pennsylvania (Commonwealth employees in State health and congregate facilities, from September 7, 2021) and, by the State's announcement of August 4, 2021 setting an October 1, 2021 deadline that fixed hiring and scheduling decisions inside the quarter, Illinois (State employees in developmental centers and congregate settings), and Massachusetts's Community Programs administered medications under a certification rule suspended "to address staffing shortages."204
The operation of the developmental-disability day and residential function was partially suspended in the second quarter of 2020 through the third quarter of 2021 because of Ex. OH-019; Ex. OH-050; Ex. OH-017; Ex. OH-100; Ex. OH-049; Ex. SEC-04-078; Ex. SEC-24-008; Ex. ND-030; Ex. SEC-24-011; Ex. SEC-04-013; Ex. SEC-04-016; Ex. SEC-04-008; Ex. FED-094; Ex. FED-163; Ex. SEC-04-014; Ex. FL-004; Ex. FL-028; Ex. FL-044; Ex. FL-049; Ex. FL-055; Ex. AGY-ST-HEALTH-SUBORDERS-077; Ex. NC-004; Ex. MI-003; Ex. AGY-ST-HEALTH-SUBORDERS-106; Ex. MI-051; Ex. MI-055; Ex. MI-072; Ex. CO-002; Ex. CO-042; Ex. CO-092; Ex. NH-001; Ex. AZ-013; Ex. LA-049; Ex. LA-050; Ex. WA-043; the Pennsylvania Department of Health's baseline-testing order of June 26, 2020; Ex. AGY-ST-HEALTH-SUBORDERS-026; Ex. AGY-ST-HEALTH-SUBORDERS-031; Ex. SEC-24-007; Ex. SEC-24-006; Ex. SEC-24-005; Ex. SEC-04-037; Ex. MET-LA-066; Ex. MET-MSP-008; Ex. DC-079; Ex. MT-032; Ex. ID-017; Ex. SD-007; Ex. NJ-056; Ex. CT-051; Ex. SEC-04-051; Ex. NY-071; Ex. NY-135; Ex. MET-NYC-036; Ex. CO-055; Ex. MD-057; Ex. MD-060; Ex. SEC-04-032; Ex. OR-046; Ex. AGY-ST-HEALTH-SUBORDERS-120 and the stay-at-home orders of every State.
VR. Vocational rehabilitation and sheltered work
Pennsylvania closed every vocational facility from March 17, 2020, as the Governor's release of March 16 recorded, and by the Orders of the Governor and the Secretary of Health of March 19, 2020; Ohio prohibited vocational habilitation in congregate settings from March 21, 2020 to June 2, 2021, amending the order on March 17, 2021; Georgia's order of March 23, 2020 reached sheltered workers; Minneapolis closed day training and habilitation centers from March 17 to July 24, 2020; and every other State closed sheltered work as a non-essential congregate operation under its stay-at-home or closure order.205 The function's customers were closed or conditioned by the non-essential manufacturing orders of New York, Pennsylvania, Michigan, Ohio and New Jersey in the spring of 2020, by the winter re-tightening, and by the federal telework, occupancy, face-covering, distancing and contractor rules that governed every AbilityOne and federal-facility contract from March 2020 through the third quarter of 2021.206 Appendix K rewrote the supported-employment and prevocational payment terms in every State.207
The operation of the vocational rehabilitation and sheltered-work function was partially suspended in the second quarter of 2020 through the second quarter of 2021 because of Ex. PA-002; Ex. PA-003; Ex. OH-019; Ex. OH-050; Ex. GA-005; Ex. MET-MSP-003; Ex. MET-MSP-011; Ex. NY-002; Ex. PA-005; Ex. MI-011; Ex. OH-011; Ex. NJ-004; Ex. SEC-04-078 and the stay-at-home orders of every State, and in the third quarter of 2021 because of Ex. SEC-04-078; Ex. SEC-04-014; Ex. FED-060; Ex. FED-270; Ex. FED-271; Ex. FED-272 and the occupational-health and airborne-transmission standards and face-covering orders of California, Oregon, Virginia, Washington, New Mexico, Illinois and Louisiana (Ex. CA-024; Ex. OR-049; Ex. VA-037; Ex. VA-038; Ex. WA-078; Ex. WA-080; Ex. NM-060; Ex. NM-070; Ex. IL-042; Ex. SEC-16-115; Ex. LA-036).
FS. Family, youth and counseling services
The courts in which the function's dependency, guardianship and protective proceedings are heard closed to the public, suspended in-person proceedings and refused non-essential filings from March 2020 (Delaware, Cook County, New York, Massachusetts, California, Texas, Kansas City), re-suspended jury trials and in-person proceedings in the winter of 2020-21, and kept remote presumptions, masking and testing conditions through the third quarter of 2021.208 The Social Security offices through which benefits are obtained were closed to the public from March 17, 2020 to April 7, 2022, and the Department of Veterans Affairs' regional offices from March 19, 2020; the telework mandates of every stay-at-home State moved county benefits offices to remote operation.209 The schools with which youth and Head Start programs are co-located were closed for the spring of 2020, remote or hybrid under mandatory frameworks in 2020-21, and masked, tested and quarantined by order in 2021-22; the Head Start designation-renewal rule of December 7, 2020 remained in force; Illinois named the function's residential settings, shelters and eligibility field offices as essential while closing its congregate programs; Montana's congregate-care directive governed foster care from May 7, 2020 to June 30, 2021; Iowa's, South Dakota's and Idaho's proclamations suspended foster-care and family-services rules; South Carolina directed its Department of Social Services on placements in licensed residential group care in April 2021; and Minnesota's Executive Order 20-12 made the child-protection chapters modifiable.210
The operation of the family, youth and counseling function was partially suspended in the second quarter of 2020 through the third quarter of 2021 because of Ex. AGY-ST-COURTS-024; Ex. AGY-ST-COURTS-037; Ex. AGY-ST-COURTS-032; Ex. AGY-ST-COURTS-038; Ex. AGY-ST-COURTS-068; Ex. AGY-ST-COURTS-075; Ex. AGY-ST-COURTS-070; Ex. AGY-ST-COURTS-076; Ex. AGY-ST-COURTS-080; Ex. ECO-C-069; Ex. ECO-C-070; Ex. ECO-C-136; Ex. MET-KC-052; Ex. WI-029; Ex. IL-005; Ex. MT-032; Ex. MT-021; Ex. IA-009; Ex. SD-013; Ex. ID-017; Ex. SC-034; Ex. SEC-24-011; Ex. AGY-FED-HEALTH-OTHER-089, the school orders cited in the six-quarters section, and the telework mandates of every stay-at-home State, with the Social Security and Veterans Affairs closures (Ex. AGY-FED-HEALTH-OTHER-086; Ex. AGY-FED-HEALTH-OTHER-067) as the facts in which those orders operated.
FD. Food banks, meals and shelters
Congregate meal sites were closed by name in Miami-Dade (March 16 to September 26, 2020), Maryland (senior-center meals from March 13, 2020), Milwaukee County (dining sites carry-out from March 17, 2020, as the County's own page records, with Wisconsin's Safer at Home order closing them by order from March 25) and Ohio (senior centers), and everywhere else by the dine-in closures and gathering caps of March 2020; Congress converted every Older Americans Act congregate-meal program to home delivery under § 3222 from March 27, 2020 for the duration of the emergency.211 Food banks were named essential in every list but operated under the gathering caps, the workplace infection-prevention and exposure-control orders (face coverings, distancing and screening), the stay-at-home orders confining their volunteers over sixty-five, the price rules of the chain of distribution, the retail and dining closures that removed their donated supply, and, in King County, an order finding that food banks "have reported a surge in need."212 Shelters operated under HUD's waiver memorandum of March 31, 2020, Notice CPD-20-08 from September 1, 2020 and Notice CPD-21-08 from July 19, 2021; under the non-congregate sheltering orders of Denver, Alaska, Alabama, Marion County and King County and the hotel and Convention Center requisitions of San Diego, Multnomah County and others; under Michigan's gathering orders regulating soup kitchens in the winter of 2020-21; under the CDC's eviction moratoria from September 4, 2020 to August 26, 2021 as to their homelessness-prevention caseloads; and, from May 2021, under the shelter face-covering orders, the airborne-transmission control each State kept on its shelters, of Washington (May 15), Massachusetts (May 29), Colorado (through the third quarter), North Carolina (to July 30), New Jersey, Connecticut (August 5 and 7), New York (August 27) and California (July 28), with shelter personnel under vaccination or testing mandates in California (August 9), Denver (by September 30), New York City (August 16) and Marin County (August 20, 2021).213
The operation of the food, meal and shelter function was partially suspended in the second quarter of 2020 through the third quarter of 2021 because of Ex. SEC-24-002; Ex. SEC-24-001; Ex. SEC-24-010; Ex. MET-MIA-001; Ex. MD-002; Ex. WI-002 (with Ex. MET-MKE-053, the County's own record of the closure, cited as context); Ex. OH-019; Ex. OH-011; Ex. MET-DEN-004; Ex. AK-016; Ex. AK-033; Ex. AL-016; Ex. MET-IND-008; Ex. MET-SEA-048; Ex. MET-SEA-049; Ex. MET-SEA-039; Ex. MET-SAN-032; Ex. MET-PDX-004; Ex. MET-PDX-005; Ex. MET-STL-098; Ex. MET-AUS-002; Ex. MI-060; Ex. MI-061; Ex. MI-062; Ex. MI-063; Ex. FED-022; Ex. FED-025; Ex. FED-026; Ex. WA-063; Ex. MA-050; Ex. MA-054; Ex. CO-041; Ex. CO-053; Ex. CO-091; Ex. NC-030; Ex. NJ-050; Ex. SEC-16-119; Ex. CT-052; Ex. NY-073; Ex. CA-035; Ex. CA-031; Ex. MET-DEN-023; Ex. MET-NYC-036; Ex. MET-SFO-051; Ex. MET-MSP-042; Ex. MET-MSP-045; Ex. MET-CLT-028; Ex. MET-PHX-022; Ex. MET-TPA-058; Ex. RI-074; Ex. SEC-16-011; Ex. SEC-16-062; Ex. SEC-16-105; Ex. KS-007; Ex. AZ-003; Ex. GA-018; Ex. OK-006; Ex. FL-013 and the gathering and stay-at-home orders of every State.
TR. Participant transportation
Vans stood idle while the day programs they served were closed by order; where programs reopened, the capacity of every vehicle was fixed by the gathering caps and distancing rules of the reopening orders and, in California, by the staggered-arrival and transportation provisions of PIN 20-33-ASC; from February 1, 2021 the CDC's conveyance order and the TSA's directives placed every conveyance under the federal airborne-transmission control, requiring every operator to require masks of every passenger for the duration of every trip, to refuse boarding to violators and to remove them, enforced by criminal penalty, through and beyond September 30, 2021, with the State transit face-covering orders of New Jersey, New York, Illinois and Colorado, the same control at the State level, adding enforcement and the Maryland Transit Administration's published rider requirement recording the federal order's enforcement on its system (context); and the OSHA standard's distancing rules governed the transport of participants of covered settings from June 21, 2021.214
The operation of the participant-transportation function was partially suspended in the second quarter of 2020 through the first quarter of 2021 because of the closure, gathering and reopening orders that fixed whether and how many passengers it could carry (Ex. IA-002; Ex. MD-070; Ex. OH-019; Ex. OH-101; Ex. NJ-081; Ex. DE-028; Ex. SEC-24-003; Ex. KS-007; Ex. NM-006 and the stay-at-home orders of every State), and in the first quarter of 2021 through the third quarter of 2021 because of Ex. FED-020; Ex. FED-050; Ex. FED-051; Ex. FED-052; Ex. NJ-013; Ex. NY-073; Ex. IL-042; Ex. CO-041; Ex. SEC-04-014 and Ex. AGY-AVIATION-SURFACE-014.
PY. Payers and licensing
Every State's Appendix K amendment, approved by CMS from March 2020 with start dates such as Pennsylvania's March 6, 2020 and running to six months after the public health emergency, rewrote the service definitions, settings, retainer-payment and assessment rules under which every waiver-funded day, residential and transportation service is billed; North Dakota's and Minnesota's executive orders implemented them; the section 1135 blanket waivers ran from March 1, 2020; ARPA § 9817 conditioned an enhanced federal match from April 1, 2021 to March 31, 2022 on State spending plans; CARES Act § 3222 rewrote the Older Americans Act nutrition terms; HUD's memorandum and notices rewrote the ESG and CoC terms; and the State licensing agencies issued emergency regulations for adult day, residential and home-based programs in California (PINs 20-08, 20-23, 20-33, 21-33 and 21-44-ASC), Delaware (the 4402 orders of July 1 and September 30, 2021), Rhode Island, Massachusetts, New York, Maine, Oregon, Louisiana, New Jersey (Executive Directives 20-022, 20-034, 21-006 and 21-007, continued to January 11, 2022), Michigan, Kansas, Ohio, Maryland, Colorado, Idaho, Montana and Arizona.215
The operation of the payer and licensing function was partially suspended in the second quarter of 2020 through the third quarter of 2021 because of Ex. SEC-04-078; Ex. SEC-24-008; Ex. ND-030; Ex. SEC-24-011; Ex. SEC-04-015; Ex. FED-174; Ex. FED-016; Ex. SEC-24-002; Ex. SEC-24-001; Ex. SEC-24-010; Ex. SEC-24-003; Ex. SEC-24-004; Ex. SEC-24-005; Ex. SEC-24-006; Ex. SEC-24-007; Ex. DE-061; Ex. AGY-ST-HEALTH-SUBORDERS-046; Ex. RI-072; Ex. MA-069; Ex. MA-070; Ex. NY-071; Ex. NY-135; Ex. ME-061; Ex. OR-046; Ex. OR-051; Ex. LA-049; Ex. LA-050; Ex. AGY-ST-HEALTH-SUBORDERS-026; Ex. AGY-ST-HEALTH-SUBORDERS-031; Ex. AGY-ST-HEALTH-SUBORDERS-059; Ex. AGY-ST-HEALTH-SUBORDERS-060; Ex. NJ-081; Ex. NJ-053; Ex. MI-051; Ex. MI-072; Ex. KS-037; Ex. KS-052; Ex. OH-101; Ex. OH-050; Ex. MD-051; Ex. MD-054; Ex. CO-042; Ex. CO-055; Ex. ID-017; Ex. MT-032 and Ex. AZ-013.
HR. Hiring, screening, training and credentialing
In 2020 the function ran under waived background-check timing and staffing ratios (California), FFCRA classifications (Indiana), new-staff screening and testing rules (California, Florida, Ohio, Pennsylvania, New Jersey, Kansas), closed motor-vehicle and licensing offices, and the essential-worker travel rules of every stay-at-home order; from May 21, 2021 under the vaccine-offering and documentation condition at every intermediate care facility; from June 21, 2021 under the OSHA standard's pre-shift screening, removal and log provisions; and from July 26 to September 30, 2021 under the vaccination and testing mandates that fixed whom an employer in California, New Mexico, New Jersey, Illinois, Rhode Island, Delaware, Maryland, New York, Connecticut, Washington, Oregon, the District, New York City, Denver, Los Angeles County, Marin County and Philadelphia could hire and retain, with Massachusetts suspending the medication-administration certification rule "to address staffing shortages in Community Programs."216
The operation of the hiring, screening, training and credentialing function was partially suspended in the second quarter of 2020 through the third quarter of 2021 because of Ex. SEC-24-007; Ex. IN-017; Ex. SEC-24-006; Ex. AGY-ST-HEALTH-SUBORDERS-077; Ex. OH-100; the Pennsylvania Department of Health's baseline-testing order of June 26, 2020; Ex. AGY-ST-HEALTH-SUBORDERS-031; Ex. KS-037; Ex. KS-052; Ex. SEC-04-008; Ex. FED-163; Ex. SEC-04-014; Ex. CA-031; Ex. CA-030; Ex. SEC-24-004; Ex. SEC-24-005; Ex. SEC-04-037; Ex. NM-068; Ex. NM-071; Ex. NJ-056; Ex. IL-042; Ex. IL-043; Ex. RI-072; Ex. AGY-ST-HEALTH-SUBORDERS-046; Ex. MD-057; Ex. MD-058; Ex. MD-060; Ex. NY-071; Ex. CT-051; Ex. SEC-04-051; Ex. SEC-04-032; Ex. SEC-04-061; Ex. OR-046; Ex. OR-051; Ex. SEC-04-059; Ex. MET-NYC-036; Ex. MET-DEN-023; Ex. MET-LA-023; Ex. MET-SFO-051; Ex. MET-PHL-021; Ex. CO-055 and Ex. AGY-ST-HEALTH-SUBORDERS-120.
OP. Office, administration and telework
The telework mandates of the stay-at-home States (New York's 100 percent in-person reduction; New Jersey's "wherever practicable" mandate to June 4, 2021; Ohio's "as many employees as possible"; Colorado's 50 percent reduction; Washington's Professional Services mandate of November 2020; Pennsylvania's "[u]nless impossible" order of November 2020; Iowa's statewide directive of November 2020 to February 2021) moved intake, eligibility, service planning and billing to remote operation; the HUD waivers converted case management to telephone and rewrote re-evaluation and HMIS duties; Appendix K converted assessments and monitoring to remote and added retainer-payment documentation; and from June 21, 2021 the OSHA standard's written plan, hazard assessment, log and reporting, § 483.460(a)(4)'s vaccination reporting, Notice CPD-21-08's written standards and the verification records of the vaccination mandates were compelled administrative operations.217
The operation of the office and administrative function was partially suspended in the second quarter of 2020 through the third quarter of 2021 because of Ex. NY-002; Ex. NJ-004; Ex. NJ-051; Ex. OH-011; Ex. CO-012; Ex. WA-016; Ex. PA-005; Ex. IA-010; Ex. SEC-24-001; Ex. SEC-24-010; Ex. SEC-04-078; Ex. SEC-04-014; Ex. SEC-04-008 and the telework mandates recorded on the Professional and Information Services page.
WF. Workforce availability
The workforce was subject to the FFCRA leave mandate from April 1 to December 31, 2020, under which leave was compelled whenever a quarantine or isolation order or a school or child-care closure kept a worker from working; to the school and child-care closures of every State in the spring of 2020 and the remote and hybrid frameworks of 2020-21; to the quarantine and isolation orders on exposed persons, including King County's directive of May 21, 2020 "until further notice" and Michigan's 2020 PA 238; to the stay-at-home orders themselves and the essential-worker travel rules; to the conveyance order's airborne-transmission controls on every transit commute from February 1, 2021; to the OSHA standard's screening, exclusion and medical-removal regime from June 21, 2021; to the 2021-22 school and child-care masking, testing and quarantine orders of at least eighteen States and the District; and to the vaccination and testing mandates of July to September 2021 that removed unvaccinated and untested workers from covered settings.218
The operation of the workforce function was partially suspended in the second quarter of 2020 through the third quarter of 2021 because of Ex. FED-170; Ex. FED-171; Ex. FED-172; Ex. ECO-B-002; Ex. IN-017; Ex. IA-007; Ex. AL-005; Ex. TX-003; Ex. NC-004; Ex. MET-SEA-050; Ex. MI-057; Ex. FED-020; Ex. FED-050; Ex. FED-051; Ex. FED-052; Ex. SEC-04-014; Ex. NJ-055; Ex. ECO-B-029; Ex. KY-052; Ex. SEC-16-119; Ex. CT-052; Ex. RI-055; Ex. NY-072; Ex. ECO-B-054; Ex. PA-042; Ex. ECO-B-087; Ex. CA-034; Ex. CA-033; Ex. ECO-B-085; Ex. DE-044; Ex. MA-071; Ex. NV-041; Ex. NM-068; Ex. WA-075; Ex. WA-079; Ex. OR-048; Ex. HI-024; Ex. DC-057; Ex. AGY-ST-EDUCATION-HIGHER-ED-029; Ex. AGY-ST-EDUCATION-HIGHER-ED-032; Ex. LA-036 and the mandates cited under HR.
CB. The people served and their funders
The people served were ordered home: every stay-at-home order confined the older adults and adults with disabilities who attend the industry's programs, and Georgia, Oklahoma and Florida confined persons over sixty-five and the medically fragile by name, Georgia to June 12, 2020; the District ordered residents of intermediate care facilities and community residences to stay at their place of residence; residents of every group home and intermediate care facility were barred from visitors and group activities and then screened, masked, tested and offered vaccination by federal and State order; adult day participants were screened at entry and, in California, placed under PIN 21-33-ASC's participant face-covering requirement, one control within the verification, testing and respirator regime the PIN imposed on the programs' workers; shelter residents were under the face-covering orders of eight States, airborne-transmission controls those States kept on the shelter setting after they released the public; the payers operated under Appendix K, § 9817, § 3222 and CPD-21-08; and the donors and volunteers who fund and staff the food and meal functions were confined by the same orders.219
The operation of this function was partially suspended in the second quarter of 2020 through the third quarter of 2021 because of Ex. GA-018; Ex. OK-006; Ex. FL-013; Ex. DC-079; Ex. SEC-04-013; Ex. SEC-04-016; Ex. SEC-04-008; Ex. FL-004; Ex. NC-004; Ex. MI-003; Ex. CO-002; Ex. CO-042; Ex. NH-001; Ex. AZ-013; Ex. WA-043; Ex. SEC-24-003; Ex. SEC-24-004; Ex. MA-050; Ex. CO-041; Ex. NY-073; Ex. SEC-04-078; Ex. FED-174; Ex. SEC-24-002; Ex. SEC-24-010 and the stay-at-home and gathering orders of every State.