Eligibility report

Governmental Orders Record and Eligibility Analysis

Hospitals and Health Systems

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Prepared by The COVID Project, Sept. 30, 2026. 428 instruments cited; 375 exhibit files held. Not legal advice.

The COVID Projectcovidproject.com/report?industry=01&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 Hospitals and Health Systems. 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=01&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)

Hospitals and Health Systems (the industry's regulators, nationally), first day (Apr. 1, 2020): Mandatory elective and non-urgent procedure suspensions in force in at least 34 States plus D.C. guidance (SEC-01-030 table; primary: SEC-01-040, -042, -045, -053, -061, -064, -066, -068, -071, -073, -080, -086, -090 (recital), -093 context); visitation bans (SEC-01-087; AL, AK, UT); NY EO 202.10 capacity increase (SEC-01-040); EO 13909/13910 and FEMA allocation (SEC-01-013 to -015, -022); CMS 1135 waivers (SEC-01-010); CMS Mar. 18 and Apr. 7 recommendations (SEC-01-007, -008); QSO-20-13 (SEC-01-006).

Hospitals and Health Systems (the industry's regulators, nationally), last day (June 30, 2020): Conditional resumption regimes in force (TX GA-19 15 percent reserve, SEC-01-047; WA 20-24.1; MA May 18 order; MN 20-51, SEC-01-067; NJ EO 145 conditions, SEC-01-043; NY county restrictions to May 29-June 6; CO D 2020 045/080 to June 27; AK HM 5 to June 15; OR 20-10 reschedule floor June 15, SEC-01-068); TX GA-27 four-county postponement from June 25 (SEC-01-048); 1135 waivers; FEMA allocation rule (to Aug. 10, 2020).

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)

Hospitals and Health Systems (the industry's regulators, nationally), first day (July 1, 2020): TX GA-27 (SEC-01-048) and GA-28 county postponements; GA-19 reserve; WA 20-24.1, MA and MN conditional regimes; CMS 1135 waivers; PA daily reporting order (amended July 10, 2020); FEMA allocation rule to Aug. 10, 2020.

Hospitals and Health Systems (the industry's regulators, nationally), last day (Sept. 30, 2020): TX GA-31 regional trigger (SEC-01-049) from Sept. 17; CMS 482.42(e) reporting condition from Sept. 2 (SEC-01-004); 1135 waivers; WA/MA/MN regimes tied to emergencies; PA reporting order.

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)

Hospitals and Health Systems (the industry's regulators, nationally), first day (Oct. 1, 2020): TX GA-31; CMS 482.42(e) (enforcement letters Oct. 2020); 1135 waivers; PA reporting order; State emergencies.

Hospitals and Health Systems (the industry's regulators, nationally), last day (Dec. 31, 2020): TX GA-32 regional trigger (SEC-01-050); PA Nov. 23, 2020 regional elective reduction order (SEC-01-093); NE Nov. 16, 2020 DHM elective pause (secondary); CA Dec. 17, 2020 Hospital Surge Order (SEC-01-057, if retrieved; otherwise verified_secondary); CMS 482.42(e); 1135 waivers.

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)

Hospitals and Health Systems (the industry's regulators, nationally), first day (Jan. 1, 2021): TX GA-32; PA Nov. 23 order and Jan. 27, 2021 reporting amendment (SEC-01-094); CA Hospital Surge Order (regional ICU trigger, to Jan. 25, 2021 for most regions); CMS 482.42(e); 1135 waivers; HHS PHE renewal Jan. 7, 2021.

Hospitals and Health Systems (the industry's regulators, nationally), last day (Mar. 31, 2021): TX GA-34 (Mar. 10, 2021) rescinded GA-32's hospital-region conditions; PA reduction order framework; CMS 482.42(e); 1135 waivers; State health care masking rules.

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)

Hospitals and Health Systems (the industry's regulators, nationally), first day (Apr. 1, 2021): CMS 482.42(e); 1135 waivers; HHS PHE renewed Apr. 15, 2021; State health care masking rules; PA reporting order.

Hospitals and Health Systems (the industry's regulators, nationally), last day (June 30, 2021): 29 C.F.R. 1910.502 in effect from June 21, 2021 (SEC-01-001; compliance July 6 and 21); CMS 482.42(e); 1135 waivers; PHE.

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)

Hospitals and Health Systems (the industry's regulators, nationally), first day (July 1, 2021): OSHA Healthcare ETS (SEC-01-001) with DIR 2021-02 (SEC-01-002); CMS 482.42(e) (SEC-01-004); 1135 waivers (SEC-01-010); HHS PHE (renewed July 19, 2021; FED-A); CA July 26 order effective Aug. 9 (SEC-01-059); MT HB 702 (SEC-01-081); AR Act 977 (SEC-01-083); FL 381.00316 (SEC-01-082); GA EO 05.25.21.01 (SEC-01-084).

Hospitals and Health Systems (the industry's regulators, nationally), last day (Sept. 30, 2021): OSHA ETS and NEP DIR 2021-03 (SEC-01-003); CMS 482.42(e); 1135 waivers; PHE; HCW vaccination mandates: CA (SEC-01-058; Sept. 30 deadline that day), WA 21-14/21-14.1/21-14.2 (SEC-01-055, -056, -109), NJ EO 252 (SEC-01-044), NY 10 NYCRR 2.61 (SEC-01-070; Sept. 27 deadline passed), IL EO 2021-20/22 (SEC-01-078, -079), RI 216-RICR-20-15-8 (SEC-01-085), ME rule (SEC-01-111 describes), OR, CO, MD, NM, DC, DE (secondary); CA visitor order (SEC-01-060); TX GA-38/GA-39 (SEC-01-051, -052); TN EO 83 (SEC-01-075); ID crisis standards statewide from Sept. 16 (SEC-01-100 for Sept. 7); EO 14042 (SEC-01-016); CMS Sept. 9 announcement (SEC-01-017); OR OAR 333-019-1011 (secondary).

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	72	28	18	18	18	40	109
Group meetings and trade shows	8	2	0	4	0	3	17
All layers	259	193	178	197	183	210	456

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: Hospitals and Health Systems

The hospital industry is the one sector of the economy that governmental orders reached in every quarter of the claim period by name, by license and by federal condition of participation. 2020 Q2 (with the March 13-31, 2020 run-up): between March 17 and April 10, 2020 at least thirty-four States and the District of Columbia issued instruments that suspended or prohibited elective, non-urgent or non-essential surgeries and procedures at hospitals and ambulatory surgical centers (Ohio Mar. 17; Kentucky and Alaska Mar. 18-19; Arizona, Minnesota, Oregon and Washington Mar. 19; Florida and Pennsylvania Mar. 20; Michigan and Vermont Mar. 20-21; Texas Mar. 22; New York, New Jersey, Colorado, Maryland and Utah Mar. 23; Oklahoma Mar. 24; Virginia Mar. 25; Massachusetts Mar. 15-18; Iowa Mar. 26-27; New Mexico and Louisiana Mar. 27; Alabama Mar. 27-28; Tennessee Mar. 23; Indiana Apr. 1; West Virginia Apr. 1; Nebraska Apr. 3; Arkansas Apr. 3; South Dakota Apr. 6; Mississippi Apr. 10). These were orders from governors, State health officers and health departments, addressed to licensed hospitals and health care professionals, enforceable by licensure and criminal penalty (Minnesota EO 20-09: misdemeanor; Texas GA-09: Tex. Gov't Code 418.173). They limited commerce in the most direct sense: they forbade the sale of a large share of the industry's services (surgery, endoscopy, imaging, outpatient procedures) and reserved beds, staff and PPE for the emergency (Texas GA-15 and GA-19: 25 and then 15 percent of hospital capacity reserved; Iowa: 30 percent of ICU and medical-surgical beds; New York EO 202.10: capacity increase and cancellation of elective surgeries). Visitation was barred or confined to end-of-life and labor-and-delivery exceptions by State order (Michigan EO 2020-07 from Mar. 14; Alaska Health Mandate 005; Alabama's State Health Officer order; the Utah order of Apr. 22, 2020 limiting patients to one companion) and by CMS memorandum QSO-20-13 (Mar. 4, 2020, revised Mar. 30). The federal layer imposed conditions on every hospital: EO 13909 and 13910 (DPA priority and anti-hoarding, Mar. 18 and 23), the FEMA export and allocation rule (85 Fed. Reg. 20195, Apr. 7-10), the CMS section 1135 blanket waivers (hospitals without walls, Mar. 30), CMS's Mar. 18 and Apr. 7 recommendations to postpone non-essential procedures (guidance that the State orders adopted as their standard) and the Apr. 19 reopening recommendations. Reopening was conditional in every State that reopened: Texas (Apr. 22-May 8: 25 percent reserved capacity and no public PPE requests; from May 1: 15 percent reserve), Arizona (exemption application: PPE for 14 days, bed occupancy under 80 percent, testing), Florida (May 4: surge capacity, PPE self-sufficiency), Iowa (Apr. 27: 30 percent bed reserve), Kentucky (four phases Apr. 27-May 27 with 30 percent bed reserve), New York (Apr. 28-May 13: county-by-county eligibility on 25 percent capacity and 10 new hospitalizations, with New York City, Long Island and Westchester excluded through late May), New Jersey (May 26 under DOH policies), Massachusetts (May 18 attestation), Michigan (May 29), Minnesota (May 10 plan), Colorado (Apr. 27 under D 2020 045). 2020 Q3: the conditional regimes continued (Texas GA-19's 15 percent reserve; Washington 20-24.1 'until the termination of the state of emergency'; Massachusetts 'until the termination of the state of emergency'; Minnesota 20-51 until the peacetime emergency ended), and Texas reimposed the postponement in Bexar, Dallas, Harris and Travis Counties on June 25 (GA-27), extended it to more than one hundred counties on June 30, and on Sept. 17 (GA-31) converted it to a regional trigger (Trauma Service Areas with COVID-19 hospitalizations above 15 percent of capacity for seven days). CMS made daily COVID-19 data reporting a condition of Medicare participation on Sept. 2, 2020 (42 C.F.R. 482.42(e); 85 Fed. Reg. 54820), with termination as the remedy, and Pennsylvania's Mar. 24, 2020 daily hospital reporting order was amended July 10, 2020. 2020 Q4 and 2021 Q1: the winter surge produced a second round of sector orders: Texas GA-32 (Oct. 7) kept the regional trigger; Pennsylvania's Nov. 23, 2020 order required acute-care hospitals in triggered regions to cut scheduled elective procedures by 50 percent on seven days' notice; Nebraska's DHMs of Nov. 11-16, 2020 paused elective surgeries; California's Dec. 17, 2020 Hospital Surge Public Health Order required hospitals in regions with ICU capacity at or below 10 percent to accept transfers and defer non-essential surgeries; New Mexico, Utah, Idaho and Arizona hospitals operated under State crisis-standards and transfer directives; the CMS reporting condition, the section 1135 waivers and the State emergencies continued; Pennsylvania's reporting order was amended again Jan. 27, 2021 to add federal fields. 2021 Q2: Texas rescinded its orders Mar. 10 (GA-34); most general orders ended in May and June; the CMS conditions, the PHE (renewed Apr. 15) and the health care masking rules continued; on June 21, 2021 OSHA's COVID-19 Healthcare ETS, 29 C.F.R. 1910.502, took effect for every hospital. 2021 Q3: the industry operated under (a) the OSHA ETS (compliance July 6 and 21; enforced under DIR 2021-02 and the revised NEP DIR 2021-03 of July 7, which targeted hospitals for programmed inspection); (b) the CMS conditions of participation and reporting rule, the section 1135 waivers and the HHS PHE renewed July 19, 2021; (c) health-care-worker vaccination mandates issued in August and September 2021 by California (Aug. 5; Sept. 30 deadline; testing and visitor orders July 26 and Aug. 5), Washington (Proclamation 21-14, Aug. 9; Oct. 18), New Jersey (EO 252, Aug. 6; Sept. 7 vaccinate-or-test), the District of Columbia (Aug. 10; Sept. 30), Maine (Aug. 12; Oct. 1), New Mexico (Aug. 17), Rhode Island (Aug. 17; Oct. 1), Maryland (Aug. 18; Sept. 1 vaccinate-or-test), Oregon (Aug. 25; Oct. 18), Illinois (EO 2021-20, Aug. 26; Sept. 5 extended to Sept. 19), New York (10 NYCRR 2.61, Aug. 26; Sept. 27), Colorado (Aug. 30; Oct. 31), Delaware (Sept. 30) and Philadelphia (Aug. 16; Oct. 15), with the federal contractor order EO 14042 (Sept. 9) and CMS's Sept. 9 announcement of the omnibus staff vaccination rule (issued Nov. 5, 2021); (d) the opposite constraint in Texas (GA-38, July 29; GA-39, Aug. 25: no governmental entity may compel vaccination), Montana (HB 702: employer vaccination-status discrimination unlawful), Arkansas (Act 977), Florida (section 381.00316) and Georgia (EO 05.25.21.01), which fixed how hospitals in those States could staff and admit; (e) crisis standards of care activated by Idaho's Department of Health and Welfare under IDAPA 16.02.09 on Sept. 7 (north Idaho) and Sept. 16, 2021 (statewide); (f) Tennessee EO 83 (Aug. 6-Oct. 5, 2021) suspending licensure and capacity rules to expand hospital capacity; (g) Oregon's health-care-setting masking rule (OAR 333-019-1011, Aug. 20) and the Delta-wave mask and vaccination-proof orders of the metros and States. No quarter of the claim period passed without a force-of-law instrument addressed to this industry.

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
ED	emergency department and intake
IP	inpatient units and surge capacity
SX	surgery and elective procedures
OC	outpatient clinics and diagnostics
VS	visitation and access
IC	infection control (screening, testing, PPE, isolation, staff vaccination mandates)
SC	supply chain (PPE, drugs, ventilators, allocation orders)
HR	credentialing, travel nurses, training
OF	administration and telework
WF	workforce availability
CB	patients and payers
MK	community programs and 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-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-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-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-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-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-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-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-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-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-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-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-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-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-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-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

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: 54 (in force on the last day)

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: 44 (in force on the last day)

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: 41 (in force on the last day)

[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: 41 (in force on the last day)

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)

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 Hospitals and Health Systems

Ex. SEC-01-140

Orders of Mar. 19, 2020 closing businesses that are not life-sustaining, with the Industry Operation Guidance list ('Home Health Care Services - Yes - Elective procedures prohibited'; hospitals - Yes - elective procedures prohibited); DOH Guidance on Ambulatory Surgical Facilities' Responses to COVID-19 (Mar. 20, 2020)

Pennsylvania life-sustaining business orders and list (elective procedures prohibited); DOH ASF guidance

Governor Tom Wolf and Secretary of Health, Pennsylvania (State)

Dates: In force from Mar. 19, 2020 to Apr. 27, 2020
Quarters: 2020 Q2
Limitations: Business closureHealth care orders
Functions reached: SX; OC; OF
Grade: Primary source read
Days in this quarter: 40

Ambulatory surgical facilities may not perform any elective surgeries or procedures unless the surgery or procedure would preserve organ function or avoid further harms from an underlying condition or disease (ACS quotation of the Mar. 20, 2020 DOH guidance); list entry: 'Elective procedures prohibited'.

Enforcement: 35 P.S. 521.20; Liquor Code and licensure enforcement

Citation: Governor Tom Wolf and Secretary of Health, Orders of Mar. 19, 2020 closing businesses that are not life-sustaining, with the Industry Operation Guidance list ('Home Health Care Services - Yes - Elective procedures prohibited'; hospitals - Yes - elective procedures prohibited); DOH Guidance on Ambulatory Surgical Facilities' Responses to COVID-19 (Mar. 20, 2020) (Ex. SEC-01-140) Open the exhibit

Ex. SEC-01-139

Order of the Secretary Requiring Hospitals to Make Daily Reports of Specified Data Regarding Supplies and Equipment (Mar. 24, 2020), as amended July 10, 2020, Jan. 27, 2021 (SEC-01-094) and Aug. 13, 2021 (effective Aug. 18, 2021)

Pennsylvania hospital daily reporting order and its Aug. 13, 2021 amendment

Secretary / Acting Secretary of Health, Pennsylvania (State)

Dates: In force from Mar. 24, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rules
Functions reached: IP; OF; WF; SC
Grade: Confirmed from a secondary source
Days in this quarter: 99 (in force on the last day)

Aug. 13, 2021 amendment: requires every licensed hospital to report daily [COVID-19 admissions and census data] and to report every COVID-19-attributed hospitalization to PA-NEDSS (bundled 03_research_q3_2021_inventory.json PA-27, verified_primary there).

Enforcement: 35 P.S. 521.20

Citation: Secretary / Acting Secretary of Health, Order of the Secretary Requiring Hospitals to Make Daily Reports of Specified Data Regarding Supplies and Equipment (Mar. 24, 2020), as amended July 10, 2020, Jan. 27, 2021 (SEC-01-094) and Aug. 13, 2021 (effective Aug. 18, 2021) (Ex. SEC-01-139)

Ex. SEC-01-010

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)

COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (Updated 5/24/21)

CMS, 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 orders
Functions reached: IP surge sites and off-campus beds; ED EMTALA screening at alternate sites; HR medical staff privileging; OF; CB
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

Emergency Medical Treatment & Labor Act (EMTALA). CMS is waiving the enforcement of [EMTALA]... Verbal Orders. CMS is waiving the requirements of 42 CFR 482.23, 482.24 and 485.635(d)(3)... to provide additional flexibility... Due to current hospital surge, CMS is waiving...

Enforcement: Conditions of participation waived only on the stated terms; the waiver defines what a hospital could lawfully do off-site

Citation: 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) Open the exhibit

Ex. SEC-01-006

QSO-20-13-Hospitals-CAHs (REVISED)

Guidance for Infection Control and Prevention Concerning Coronavirus Disease (COVID-19): FAQs and Considerations for Patient Triage, Placement, Limits to Visitation and Availability of 1135 waivers

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

Dates: In force from Mar. 4, 2020 to May 1, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care orders
Functions reached: VS visitor limits; SX rescheduling; OC; ED triage; IC screening
Grade: Confirmed from a secondary source
Days in this quarter: 110 (the whole quarter)

Reschedule non-urgent outpatient visits as necessary. Reschedule elective surgeries, procedures, and other visits as necessary. Shift elective urgent inpatient diagnostic and surgical procedures to outpatient settings... Limit visitors to COVID-19 positive patients and persons under investigation (PUI).

Enforcement: Survey guidance under the infection-control CoP; deficiencies cited under 42 C.F.R. 488

Citation: CMS, Quality, Safety & Oversight Group, QSO-20-13-Hospitals-CAHs (REVISED) (Mar. 4, 2020) (Ex. SEC-01-006) Open the exhibit

Ex. SEC-01-087

Executive Order 2020-07

Temporary restrictions on entry into health care facilities, residential care facilities, congregate care facilities, and juvenile justice facilities

Governor Gretchen Whitmer, Michigan (State)

Dates: In force from Mar. 14, 2020 to Dec. 31, 2020
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Gathering capHealth care orders
Functions reached: VS visitor prohibition; IC entry screening; CB
Grade: Primary source read
Days in this quarter: 109 (in force on the last day)

[all health care facilities must prohibit visitors who are not necessary for the provision of medical care, the support of activities of daily living, or the exercise of power of attorney or court-appointed guardianship; exceptions for end-of-life, parents of minors and support persons; screening of all persons entering] (scanned; described from the order's title and the Governor's release; successor orders' text verified_secondary)

Enforcement: Mich. Comp. Laws 10.33 (misdemeanor)

Citation: Governor Gretchen Whitmer, Executive Order 2020-07 (Mar. 14, 2020) (Ex. SEC-01-087) Open the exhibit

Ex. SEC-01-116

DC Health recommendation (Mar. 17, 2020) that all elective medical procedures, non-urgent hospital and outpatient visits and non-urgent dental procedures be postponed; DC Health guidance for resuming elective surgery (May 26, 2020)

DC Health guidance on elective procedures

DC Health (Department of Health), District of Columbia (State)

Dates: In force from Mar. 17, 2020 to May 26, 2020
Quarters: 2020 Q2
Limitations: Health care orders
Functions reached: SX; OC
Grade: Primary source read
Days in this quarter: 71

The District of Columbia Department of Health (DC Health) is recommending that ALL elective medical procedures, non-urgent hospital and outpatient visits, and non-urgent dental procedures be postponed to preserve health care capacity (ACS tracker quotation).

Enforcement: Guidance; the Mayor's stay-at-home order (2020-054, Mar. 30, 2020) supplied the mandatory layer

Citation: DC Health (Department of Health), DC Health recommendation (Mar. 17, 2020) that all elective medical procedures, non-urgent hospital and outpatient visits and non-urgent dental procedures be postponed; DC Health guidance for resuming elective surgery (May 26, 2020) (Ex. SEC-01-116) Open the exhibit

Ex. SEC-01-007

CMS Adult Elective Surgery and Procedures Recommendations (press release and tiered recommendations)

CMS Releases Recommendations on Adult Elective Surgeries, Non-Essential Medical, Surgical, and Dental Procedures During COVID-19 Response

CMS, United States (Federal)

Dates: In force from Mar. 18, 2020 to Apr. 19, 2020
Quarters: 2020 Q2
Limitations: Health care orders
Functions reached: SX; OC; SC
Grade: Primary source read
Days in this quarter: 33

CMS announced that all elective surgeries, non-essential medical, surgical, and dental procedures be delayed during the 2019 Novel Coronavirus (COVID-19) outbreak.

Enforcement: None (guidance); adopted by reference as the mandatory standard in Utah's Mar. 23, 2020 order and Arizona EO 2020-32

Citation: CMS, CMS Adult Elective Surgery and Procedures Recommendations (press release and tiered recommendations) (Mar. 18, 2020) (Ex. SEC-01-007) Open the exhibit

Ex. SEC-01-071

Order of the Commissioner of Public Health (March 15, 2020) (elective procedures)

Order of the Commissioner of Public Health: Nonessential, Elective Invasive Procedures

Commissioner of Public Health (Department of Public Health), with the approval of the Public Health Council and the Governor, Massachusetts (State)

Dates: In force from Mar. 18, 2020 to May 18, 2020 (issued Mar. 15, 2020)
Quarters: 2020 Q2
Limitations: Health care orders
Functions reached: SX; OC; CB
Grade: Primary source read
Days in this quarter: 62

[all hospitals and ambulatory surgical centers shall postpone or cancel any nonessential, elective invasive procedures until the state of emergency is terminated] (scanned PDF; language from DPH's release; ACS quotes the May 18, 2020 successor)

Enforcement: M.G.L. c. 111, 51 licensure

Citation: Commissioner of Public Health (Department of Public Health), with the approval of the Public Health Council and the Governor, Order of the Commissioner of Public Health (March 15, 2020) (elective procedures) (Mar. 15, 2020) (Ex. SEC-01-071) Open the exhibit

Ex. SEC-01-077

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

Director of Health Amy Acton (Ohio Department of Health), Ohio (State)

Dates: In force from Mar. 18, 2020 to May 1, 2020 (issued Mar. 17, 2020)
Quarters: 2020 Q2
Limitations: Health care orders
Functions reached: SX; OC; SC
Grade: Confirmed from a secondary source
Days in this quarter: 45

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. Examples of criteria to consider include: Threat to the patient's life if surgery or procedure is not performed; Threat of permanent dysfunction of an extremity or organ system; Risk of metastasis or progression of staging; Risk of rapidly worsening to severe symptoms (time sensitive) (ACS tracker quotation).

Enforcement: Ohio Rev. Code 3701.352, 3701.99 (second-degree misdemeanor)

Citation: Director of Health Amy Acton (Ohio Department of Health), Director's Order for the Management of Non-Essential Surgeries and Procedures throughout Ohio (Mar. 17, 2020) (Ex. SEC-01-077)

Ex. SEC-01-118

CHFS/DPH Directive of March 23, 2020 (elective procedures): cessation of all non-emergent, non-urgent in-person medical, surgical, dental and other health care procedures

CHFS directive on elective medical procedures

Cabinet for Health and Family Services (Secretary Eric Friedlander), at the Governor's direction, 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: SX; OC; CB
Grade: Confirmed from a secondary source
Days in this quarter: 41

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. The Commonwealth of Kentucky relies upon licensed healthcare professionals within the state to exercise their best clinical judgment in the implementation of this restriction (ACS tracker quotation).

Enforcement: KRS 39A.990 (Class A misdemeanor); licensure boards

Citation: Cabinet for Health and Family Services (Secretary Eric Friedlander), at the Governor's direction, CHFS/DPH Directive of March 23, 2020 (elective procedures): cessation of all non-emergent, non-urgent in-person medical, surgical, dental and other health care procedures (Mar. 23, 2020) (Ex. SEC-01-118)

Ex. SEC-01-053

Proclamation 20-24

Restrictions on Non Urgent Medical Procedures (amending Proclamation 20-05)

Governor Jay Inslee, Washington (State)

Dates: In force from Mar. 19, 2020 to May 18, 2020
Quarters: 2020 Q2
Limitations: Health care orders
Functions reached: SX; OC; IP; CB
Grade: Primary source read
Days in this quarter: 61

I hereby prohibit all hospitals, ambulatory surgical facilities, dental, orthodontic and endodontic offices in Washington State from providing health care services, procedures and surgeries that, if delayed, are not anticipated to cause harm to the patient within the next three months... 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.

Enforcement: RCW 43.06.220(5) (gross misdemeanor)

Citation: Governor Jay Inslee, Proclamation 20-24 (Mar. 19, 2020) (Ex. SEC-01-053) Open the exhibit

Ex. SEC-01-108

COVID-19 Health Mandate 005 (Mar. 19, 2020; revised Apr. 7 and Apr. 21, 2020)

Health Mandate 005: Elective Medical Procedures (later: Health Care Providers and Facilities)

Governor Mike Dunleavy, Commissioner of Health and Social Services Adam Crum, Chief Medical Officer Anne Zink, Alaska (State)

Dates: In force from Mar. 19, 2020 to June 15, 2020
Quarters: 2020 Q2
Limitations: Health care orders
Functions reached: SX; VS visitor prohibition; IC testing (PCR within 48 hours for aerosolizing procedures); IP capacity condition
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... (ACS). As revised Apr. 21, 2020: There are to be no visitors in health care facilities except for: end-of-life visits; a parent of a minor; a support person for labor and delivery settings; and only one (1) spouse or caregiver that resides with the patient will be allowed into the facility during the day of a surgery or procedure and at the time of patient discharge... Any of the allowed visitors must wear a fabric face covering... Facility must maintain a plan to reduce or stop performing surgeries and procedures permitted by this Section II should a surge or resurgence of COVID-19 cases occur.

Enforcement: AS 26.23.200 (fine to $1,000 or one year)

Citation: Governor Mike Dunleavy, Commissioner of Health and Social Services Adam Crum, Chief Medical Officer Anne Zink, COVID-19 Health Mandate 005 (Mar. 19, 2020; revised Apr. 7 and Apr. 21, 2020) (Ex. SEC-01-108)

Ex. SEC-01-064

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: SX; OC; 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.... Section 3. This Executive Order shall expire upon the expiration of Executive Order 20-52.

Enforcement: Fla. Stat. 252.50 (second-degree misdemeanor); licensure

Citation: Governor Ron DeSantis, Executive Order 20-72 (Mar. 20, 2020) (Ex. SEC-01-064) Open the exhibit

Ex. SEC-01-080

Addendum 3 to Executive Order 01-20

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

Governor Philip B. Scott, Vermont (State)

Dates: In force from Mar. 20, 2020 to Apr. 15, 2020
Quarters: 2020 Q2
Limitations: Health care orders
Functions reached: SX; OC; CB
Grade: Primary source read
Days in this quarter: 27

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]... This Addendum to the Executive Order shall take effect upon signing and shall continue in full force and effect until April 15, 2020, at which time the Governor, in consultation with the Vermont [Department of Health and Division of Emergency Management shall assess the emergency and determine whether to amend or extend this Order].

Enforcement: 20 V.S.A. 8, 9; licensure

Citation: Governor Philip B. Scott, Addendum 3 to Executive Order 01-20 (Mar. 20, 2020) (Ex. SEC-01-080) Open the exhibit

Ex. SEC-01-061

Executive Order 2020-10

Delaying Elective Surgeries to Conserve Personal Protective Equipment

Governor Douglas A. Ducey, Arizona (State)

Dates: In force from Mar. 21, 2020 to May 1, 2020 (issued Mar. 19, 2020)
Quarters: 2020 Q2
Limitations: Health care orders
Functions reached: SX; OC; SC PPE
Grade: Primary source read
Days in this quarter: 42

[directs all hospitals, healthcare facilities and providers to delay any elective surgery that utilizes PPE, effective March 21, 2020] (scanned PDF; described from the ACS tracker and EO 2020-32's recital)

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

Citation: Governor Douglas A. Ducey, Executive Order 2020-10 (Mar. 19, 2020) (Ex. SEC-01-061) Open the exhibit

Ex. SEC-01-086

Executive Order 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 28, 2020 (issued Mar. 20, 2020)
Quarters: 2020 Q2
Limitations: Health care orders
Functions reached: SX; OC; CB
Grade: Primary source read
Days in this quarter: 69

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 Order 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... all non-essential procedures... 'non-essential procedure' means a medical or dental procedure that is not necessary to address a medical emergency or to preserve the health and safety of a patient, as determined by a licensed medical provider (ACS tracker quotation; the saved PDF is a scan).

Enforcement: Mich. Comp. Laws 10.33, 30.405(3) (misdemeanor)

Citation: Governor Gretchen Whitmer, Executive Order 2020-17 (Mar. 20, 2020) (Ex. SEC-01-086) Open the exhibit

Ex. SEC-01-120

LDH Healthcare Provider Notice 2020-COVID19-ALL-007 (Mar. 21, 2020; ACS lists Mar. 27)

Directive limiting medical and surgical procedures to emergency medical conditions

Louisiana Department of Health (Secretary Courtney Phillips; State Health Officer Jimmy Guidry), Louisiana (State)

Dates: In force from Mar. 21, 2020 to Apr. 20, 2020
Quarters: 2020 Q2
Limitations: Health care orders
Functions reached: SX; OC; CB
Grade: Confirmed from a secondary source
Days in this quarter: 31

A. The Department hereby directs that any and all medical and surgical procedures SHALL ONLY be performed under the following conditions until further notice. (i) Medical and surgical procedures are allowed in order to treat an emergency medical condition; for purposes of this Notice, 'emergency medical condition' is the definition used in 42 CFR 489.24... Medical and surgical procedures are allowed to avoid further harms from underlying condition or disease (ACS tracker quotation).

Enforcement: La. R.S. 40:6; licensure

Citation: Louisiana Department of Health (Secretary Courtney Phillips; State Health Officer Jimmy Guidry), LDH Healthcare Provider Notice 2020-COVID19-ALL-007 (Mar. 21, 2020; ACS lists Mar. 27) (Ex. SEC-01-120)

Ex. SEC-01-045

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 orders
Functions reached: SX; OC; IP; CB
Grade: Primary source read
Days in this quarter: 31

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 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.

Enforcement: Tex. Gov't Code 418.173 (fine up to $1,000; confinement up to 180 days); licensing boards

Citation: Governor Greg Abbott, Executive Order GA-09 (Mar. 22, 2020) (Ex. SEC-01-045) Open the exhibit

Ex. SEC-01-040

Executive Order 202.10

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

Governor Andrew M. Cuomo, New York (State)

Dates: In force from Mar. 23, 2020 to Apr. 29, 2020
Quarters: 2020 Q2
Limitations: Gathering capHealth care orders
Functions reached: SX elective cancellation; IP capacity increase and COVID-19 plans; OC; CB; OF
Grade: Primary source read
Days in this quarter: 38

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)... (quoted from the ACS tracker; the saved PDF is a scan)

Enforcement: Exec. Law 29-a; Public Health Law 12 penalties; DOH directive of Mar. 25, 2020 required 50 percent bed-capacity increase plans

Citation: Governor Andrew M. Cuomo, Executive Order 202.10 (Mar. 23, 2020) (Ex. SEC-01-040) Open the exhibit

Ex. SEC-01-066

Emergency Executive Order 20-09

Directing Delay of Inpatient and Outpatient Elective Surgery and Procedural Cases

Governor Tim Walz, Minnesota (State)

Dates: In force from Mar. 23, 2020 to May 10, 2020 (issued Mar. 19, 2020)
Quarters: 2020 Q2
Limitations: Health care orders
Functions reached: SX; OC; SC
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... 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.... Pursuant to Minnesota Statutes 2019, section 12.45, a person who willfully violates paragraph 1 of this Executive Order is guilty of a misdemeanor.

Enforcement: Minn. Stat. 12.45 (misdemeanor; fine to $1,000 or 90 days)

Citation: Governor Tim Walz, Emergency Executive Order 20-09 (Mar. 19, 2020) (Ex. SEC-01-066) Open the exhibit

Ex. SEC-01-068

Executive Order 20-10

Prohibition on Elective and Non-Urgent Procedures

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 orders
Functions reached: SX; OC; SC PPE
Grade: Primary source read
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. [Exempt if a three-month delay would put the patient at risk of irreversible harm.]

Enforcement: ORS 401.990 (Class C misdemeanor)

Citation: Governor Kate Brown, Executive Order 20-10 (Mar. 19, 2020) (Ex. SEC-01-068) Open the exhibit

Ex. SEC-01-103

Executive Order 20-03-23-01

Order of the Governor of the State of Maryland Number 20-03-23-01: Various Health Care Matters (authorizing the Secretary of Health to order postponement of elective and non-urgent procedures and other health care measures)

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

Dates: In force from Mar. 23, 2020 to June 30, 2020
Quarters: 2020 Q2
Limitations: Health care orders
Functions reached: SX; OC; IP
Grade: Primary source read
Days in this quarter: 100 (in force on the last day)

[authorizes and directs the Secretary of Health to issue directives on elective and non-urgent medical procedures, health care facility operations, and related matters] (scanned PDF; content from the ACS tracker's description of the Secretary's Mar. 23 and May 6, 2020 orders)

Enforcement: Md. Code, Public Safety 14-3A-08

Citation: Governor Lawrence J. Hogan, Jr, Executive Order 20-03-23-01 (Mar. 23, 2020) (Ex. SEC-01-103) Open the exhibit

Ex. SEC-01-106

Proclamation Number 33 JBE 2020 (Stay at Home Order)

Additional Measures for COVID-19 (Stay at Home)

Governor John Bel Edwards, Louisiana (State)

Dates: In force from Mar. 23, 2020 to Apr. 30, 2020 (issued Mar. 22, 2020)
Quarters: 2020 Q2
Limitations: Stay-at-homeBusiness closureGathering cap
Functions reached: CB; WF; OF
Grade: Primary source read
Days in this quarter: 39

[stay at home; closure of non-essential businesses; gatherings of 10 or more prohibited; health care operations essential] (scanned PDF)

Enforcement: La. R.S. 29:724(E)

Citation: Governor John Bel Edwards, Proclamation Number 33 JBE 2020 (Stay at Home Order) (Mar. 22, 2020) (Ex. SEC-01-106) Open the exhibit

Ex. SEC-01-113

Executive Order D 2020 009

Ordering the Temporary Cessation of All Elective and Non-Essential Surgeries and Procedures and Preservation of Personal Protective Equipment

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: SX; SC PPE inventory reporting
Grade: Confirmed from a secondary source
Days in this quarter: 23

As of 12:01 am 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. 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 (ACS tracker quotation of D 2020 027).

Enforcement: Colo. Rev. Stat. 24-33.5-704

Citation: Governor Jared Polis, Executive Order D 2020 009 (Mar. 19, 2020) (Ex. SEC-01-113)

Ex. SEC-01-122

Directive and Order Regarding Various Healthcare Matters (Mar. 23, 2020)

Directive and Order Regarding Various Healthcare Matters (postponing elective and non-urgent medical procedures)

Secretary of Health Robert R. Neall, Maryland (State)

Dates: In force from Mar. 23, 2020 to May 7, 2020
Quarters: 2020 Q2
Limitations: Health care orders
Functions reached: SX; OC
Grade: Confirmed from a secondary source
Days in this quarter: 46

[all elective and non-urgent medical procedures and appointments to be postponed] (described from the May 6, 2020 amended directive quoted in the ACS tracker)

Enforcement: Md. Code, Public Safety 14-3A-08

Citation: Secretary of Health Robert R. Neall, Directive and Order Regarding Various Healthcare Matters (Mar. 23, 2020) (Ex. SEC-01-122)

Ex. SEC-01-125

NCDHHS Secretary's letter to hospitals and ambulatory surgery centers (Mar. 20, 2020) requesting suspension of elective and non-urgent procedures effective Mar. 23, 2020

NCDHHS request to suspend elective and non-urgent procedures and surgeries

Secretary of Health and Human Services Mandy Cohen (NCDHHS), North Carolina (State)

Dates: In force from Mar. 23, 2020 to Apr. 30, 2020 (issued Mar. 20, 2020)
Quarters: 2020 Q2
Limitations: Health care orders
Functions reached: SX; OC
Grade: Confirmed from a secondary source
Days in this quarter: 39

Effective March 23, 2020, as part of a unified response, I request all hospitals and ambulatory surgery centers suspend all elective and non-urgent procedures and surgeries. Elective and non-urgent procedures and surgeries are defined as any procedure or surgery that if not done within the next 4 weeks would [not] cause harm to the patient (ACS tracker quotation).

Enforcement: Request; the mandatory layer in North Carolina was EO 121 (stay at home, Mar. 30, 2020) and the visitor restrictions of EO 116-138

Citation: Secretary of Health and Human Services Mandy Cohen (NCDHHS), NCDHHS Secretary's letter to hospitals and ambulatory surgery centers (Mar. 20, 2020) requesting suspension of elective and non-urgent procedures effective Mar. 23, 2020 (Ex. SEC-01-125)

Ex. SEC-01-130

State Public Health Order (Mar. 23, 2020) postponing elective surgeries and procedures

State Public Health Order: elective surgeries and procedures

Utah Department of Health (Executive Director Joseph Miner), Utah (State)

Dates: In force from Mar. 23, 2020 to Apr. 25, 2020
Quarters: 2020 Q2
Limitations: Health care orders
Functions reached: SX; OC
Grade: Confirmed from a secondary source
Days in this quarter: 34

All licensed health care professionals and all licensed health care facilities shall postpone all elective surgeries and procedures in accordance with version 3.15.20 of the CMS Adult Elective Surgery and Procedures Recommendations, promulgated by the Centers for Medicare & Medicaid Services on March 18, 2020 (ACS tracker quotation).

Enforcement: Utah Code 26-23-6 (class B misdemeanor)

Citation: Utah Department of Health (Executive Director Joseph Miner), State Public Health Order (Mar. 23, 2020) postponing elective surgeries and procedures (Ex. SEC-01-130)

Ex. SEC-01-073

Executive Order No. 18

An Order Regarding Alternative Health Care Facilities, Suspension of Non-Emergency Dental and Elective 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 orders
Functions reached: SX; OC; IP alternative care sites; 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];... freestanding surgical outpatient facilities must postpone through the expiration of [this Order all] elective surgery, except for emergency or trauma-related surgery where postponement [would risk death or serious harm]... shall remain in effect until 12:01 a.m., Central Daylight Time, on April 13, 2020.

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

Citation: Governor Bill Lee, Executive Order No. 18 (Mar. 23, 2020) (Ex. SEC-01-073) Open the exhibit

Ex. SEC-01-128

Fourth Amended Executive Order 2020-07 (Mar. 24, 2020), as further amended Apr. 15, 2020

Amended Executive Order 2020-07 (postponement of elective surgeries, minor medical procedures and non-emergency dental procedures)

Governor Kevin Stitt, Oklahoma (State)

Dates: In force from Mar. 24, 2020 to Apr. 24, 2020
Quarters: 2020 Q2
Limitations: Health care orders
Functions reached: SX; OC
Grade: Confirmed from a secondary source
Days in this quarter: 32

Oklahomans and medical providers in Oklahoma shall postpone all elective surgeries, minor medical procedures, and non-emergency dental procedures until April 7, 2020 (ACS tracker quotation); end date changed to April 24, 2020 by the Apr. 15, 2020 amendment.

Enforcement: Okla. Stat. tit. 63, 6804

Citation: Governor Kevin Stitt, Fourth Amended Executive Order 2020-07 (Mar. 24, 2020), as further amended Apr. 15, 2020 (Ex. SEC-01-128)

Ex. SEC-01-092

Order of Public Health Emergency Two

Order of Public Health Emergency Two: Elective Surgery Delays

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

Dates: In force from Mar. 25, 2020 to Apr. 24, 2020
Quarters: 2020 Q2
Limitations: Health care orders
Functions reached: SX; OC; SC
Grade: Confirmed from a secondary source
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. This Order does not apply to the full suite of family planning services and procedures nor to treatment for patients with emergency or urgent needs (ACS tracker quotation).

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

Citation: Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Order of Public Health Emergency Two (Mar. 25, 2020) (Ex. SEC-01-092)

Ex. SEC-01-042

Executive Order No. 109 (2020)

Suspension of elective surgeries and invasive procedures; PPE inventory reporting

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: SX; OC; SC PPE inventory reporting; CB
Grade: Primary source read
Days in this quarter: 61

1. Beginning at 5:00 p.m. on Friday, March 27, 2020, 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.

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

Citation: Governor Philip D. Murphy, Executive Order No. 109 (2020) (Mar. 23, 2020) (Ex. SEC-01-042) Open the exhibit

Ex. SEC-01-105

Proclamation of Disaster Emergency (Mar. 26, 2020), section on nonessential surgeries; Proclamation of Apr. 24, 2020 (effective Apr. 27)

Proclamation of Disaster Emergency (elective surgeries and procedures)

Governor Kim Reynolds, Iowa (State)

Dates: In force from Mar. 27, 2020 to Apr. 27, 2020 (issued Mar. 26, 2020)
Quarters: 2020 Q2
Limitations: Capacity limitHealth care orders
Functions reached: SX; IP 30 percent reserve; SC; IC testing
Grade: Confirmed from a secondary source
Days in this quarter: 32

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. Apr. 24, 2020: A hospital must reserve at least 30% of intensive care unit (ICU) beds and 30% of medical/surgical beds for COVID-19 patients... A hospital must continue to accept and treat COVID-19 patients and must not transfer COVID-19 patients to create capacity for elective procedures (ACS tracker quotations).

Enforcement: Iowa Code 29C.6, 29C.20A (simple misdemeanor)

Citation: Governor Kim Reynolds, Proclamation of Disaster Emergency (Mar. 26, 2020), section on nonessential surgeries; Proclamation of Apr. 24, 2020 (effective Apr. 27) (Ex. SEC-01-105)

Ex. SEC-01-126

Public Health Emergency Order (Mar. 27, 2020) prohibiting non-essential health care services, procedures and surgeries (following the Mar. 24, 2020 order)

Public Health Order: non-essential health care services, procedures and surgeries prohibited

Secretary of Health Kathyleen Kunkel (Department of Health), New Mexico (State)

Dates: In force from Mar. 27, 2020 to Apr. 30, 2020
Quarters: 2020 Q2
Limitations: Health care orders
Functions reached: SX; OC; CB
Grade: Confirmed from a secondary source
Days in this quarter: 35

All hospitals and other health care facilities, ambulatory surgical facilities, dental, orthodontic and endodontic offices in the State of New Mexico are prohibited from providing nonessential health care services, procedures, and surgeries. For purposes of this Order, 'non-essential health care services, procedures, and surgeries' include those which can be delayed for three (3) months without undue risk to the patient's health (ACS tracker quotation).

Enforcement: NMSA 1978, 12-10A-19; 24-1-21 (petty misdemeanor)

Citation: Secretary of Health Kathyleen Kunkel (Department of Health), Public Health Emergency Order (Mar. 27, 2020) prohibiting non-essential health care services, procedures and surgeries (following the Mar. 24, 2020 order) (Ex. SEC-01-126)

Ex. SEC-01-104

Order of the State Health Officer Suspending Certain Public Gatherings Due to Risk of Infection by COVID-19 (Mar. 19, 2020, amended Mar. 27, Apr. 3, 2020; Safer at Home Apr. 28, 2020)

State Health Officer Order (postponing dental, medical and surgical procedures; barring hospital and nursing home visitation)

State Health Officer Scott Harris (Alabama Department of Public Health), Alabama (State)

Dates: In force from Mar. 28, 2020 to Apr. 30, 2020 (issued Mar. 27, 2020)
Quarters: 2020 Q2
Limitations: Gathering capHealth care orders
Functions reached: SX; OC; VS (hospital visitation barred from Mar. 19-20, 2020 per bundled 03b_research_states_south.json); SC
Grade: Confirmed from a secondary source
Days in this quarter: 34

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 tracker quotation of the Mar. 27-28 order). Apr. 28 order: Effective April 30, 2020, at 5:00 P.M., dental, medical, or surgical procedures may proceed unless the State Health Officer or his designee determines that performing such procedures... would unacceptably reduce access to personal protective equipment.

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

Citation: State Health Officer Scott Harris (Alabama Department of Public Health), Order of the State Health Officer Suspending Certain Public Gatherings Due to Risk of Infection by COVID-19 (Mar. 19, 2020, amended Mar. 27, Apr. 3, 2020; Safer at Home Apr. 28, 2020) (Mar. 27, 2020) (Ex. SEC-01-104)

Ex. SEC-01-076

Executive Order 20-13

Directive to postpone elective and non-urgent surgical or invasive procedures (superseding EO 20-04 para. 7)

Governor Eric J. Holcomb, Indiana (State)

Dates: In force from Apr. 1, 2020 to Apr. 27, 2020 (issued Mar. 30, 2020)
Quarters: 2020 Q2
Limitations: Health care orders
Functions reached: SX; OC; SC
Grade: Confirmed from a secondary source
Days in this quarter: 27

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, whether hospitals, ambulatory surgical centers, dental facilities, plastic surgery centers, dermatology offices and abortion clinics, are directed to cancel or postpone elective and non-urgent surgical or invasive procedures... This prohibition shall not apply to any procedure that... would not deplete the hospital capacity needed and available to cope with the COVID-19 disaster, or utilize in any way PPE (exempting gloves). This provision supersedes the non-essential surgical procedure directive in Executive Order 20-04, paragraph 7 (ACS tracker quotation).

Enforcement: Ind. Code 10-14-3-34 (Class B misdemeanor)

Citation: Governor Eric J. Holcomb, Executive Order 20-13 (Mar. 30, 2020) (Ex. SEC-01-076)

Ex. SEC-01-133

Executive Order 16-20

Prohibiting all elective medical procedures

Governor Jim Justice, West Virginia (State)

Dates: In force from Apr. 1, 2020 to Apr. 30, 2020 (issued Mar. 31, 2020)
Quarters: 2020 Q2
Limitations: Health care orders
Functions reached: SX; OC
Grade: Confirmed from a secondary source
Days in this quarter: 30

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 tracker quotation).

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

Citation: Governor Jim Justice, Executive Order 16-20 (Mar. 31, 2020) (Ex. SEC-01-133)

Ex. SEC-01-096

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 Apr. 28, 2020
Quarters: 2020 Q2
Limitations: Health care orders
Functions reached: SX; SC
Grade: Confirmed from a secondary source
Days in this quarter: 23

Postpone all non-essential elective surgeries to conserve (and thereby maximize) supplies of personal protective equipment (PPE) (ACS tracker quotation; EO 2020-08 of Mar. 23, 2020 had 'directed' postponement).

Enforcement: S.D. Codified Laws 34-48A-36

Citation: Governor Kristi Noem, Executive Order 2020-12 (Apr. 6, 2020) (Ex. SEC-01-096)

Ex. SEC-01-114

Executive Order D 2020 027

Amending and Extending Executive Order D 2020 009 (elective surgeries suspended to Apr. 26, 2020)

Governor Jared Polis, Colorado (State)

Dates: In force from Apr. 6, 2020 to Apr. 26, 2020
Quarters: 2020 Q2
Limitations: Health care orders
Functions reached: SX
Grade: Confirmed from a secondary source
Days in this quarter: 21

See SEC-01-113 (ACS quotes D 2020 027's operative text).

Citation: Governor Jared Polis, Executive Order D 2020 027 (Apr. 6, 2020) (Ex. SEC-01-114)

Ex. SEC-01-008

Non-Emergent, Elective Medical Services, and Treatment Recommendations

Non-Emergent, Elective Medical Services, and Treatment Recommendations (tiered framework)

CMS, United States (Federal)

Dates: In force from Apr. 7, 2020 to Apr. 19, 2020
Quarters: 2020 Q2
Limitations: Health care orders
Functions reached: SX; OC
Grade: Primary source read
Days in this quarter: 13

CMS urges healthcare facilities and clinicians to consider the following tiered approach... Tier 1... Consider postponing service.

Enforcement: None (guidance)

Citation: CMS, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Apr. 7, 2020) (Ex. SEC-01-008) Open the exhibit

Ex. SEC-01-074

Executive Order No. 25

An Order Extending the Suspension of Non-Emergency Dental and Elective Procedures

Governor Bill Lee, Tennessee (State)

Dates: In force from Apr. 8, 2020 to Apr. 30, 2020
Quarters: 2020 Q2
Limitations: Health care orders
Functions reached: SX; OC
Grade: Primary source read
Days in this quarter: 23

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.

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

Citation: Governor Bill Lee, Executive Order No. 25 (Apr. 8, 2020) (Ex. SEC-01-074) Open the exhibit

Ex. SEC-01-088

Executive Order 1470 (extending the Shelter in Place order and postponing non-essential procedures)

Executive Order 1470

Governor Tate Reeves, Mississippi (State)

Dates: In force from Apr. 10, 2020 to Apr. 27, 2020
Quarters: 2020 Q2
Limitations: Stay-at-homeHealth care orders
Functions reached: SX; OC
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 immediately medically [necessary] (ACS tracker quotation).

Enforcement: Miss. Code Ann. 33-15-43

Citation: Governor Tate Reeves, Executive Order 1470 (extending the Shelter in Place order and postponing non-essential procedures) (Apr. 10, 2020) (Ex. SEC-01-088) Open the exhibit

Ex. SEC-01-009

Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I

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

CMS, United States (Federal)

Dates: In force from Apr. 19, 2020 to June 30, 2020
Quarters: 2020 Q2
Limitations: Health care orders
Functions reached: SX; OC; IC; VS
Grade: Primary source read
Days in this quarter: 73 (in force on the last day)

as states have passed the Gating Criteria (symptoms, cases, and hospitals) announced on April 16, 2020, then they may proceed to Phase I... CMS recommends that [facilities] create areas of NCC [non-COVID care].

Enforcement: None (guidance); incorporated by Alabama's Apr. 28, 2020 order and others

Citation: CMS, Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020) (Ex. SEC-01-009) Open the exhibit

Ex. SEC-01-030

COVID-19: Executive Orders by State on Dental, Medical, and Surgical Procedures (as updated April 21, 2020; Wayback capture May 1, 2020)

ACS State executive-order tracker, spring 2020 suspension orders

American College of Surgeons (secondary source), United States (fifty-State tracker) (Sector regulator)

Dates: In force from Apr. 21, 2020 to June 30, 2020
Quarters: 2020 Q2
Limitations: Health care orders
Functions reached: SX; OC
Grade: Confirmed from a secondary source
Days in this quarter: 71 (in force on the last day)

Quotes the operative text of 31 State instruments (AK, AL, AR, AZ, CO, DC, FL, IA, IN, KY, LA, MI, MN, MS, NC, NE, NJ, NM, NY, OH, OK, OR, PA, SD, TN, TX, UT, VA, VT, WA, WV) with issue and expiration dates.

Citation: American College of Surgeons (secondary source), COVID-19: Executive Orders by State on Dental, Medical, and Surgical Procedures (as updated April 21, 2020; Wayback capture May 1, 2020) (Apr. 21, 2020) (Ex. SEC-01-030) Open the exhibit

Ex. SEC-01-046

Executive Order GA-15

Relating to hospital capacity and personal protective equipment

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 orders
Functions reached: SX; IP 25 percent reserve; SC PPE; OF certification
Grade: Primary source read
Days in this quarter: 18

beginning at 11:59 p.m. on April 21, 2020, and continuing until 11:59 p.m. on May 8, 2020:... postpone all surgeries and procedures that are not medically necessary to diagnose or correct a serious medical condition... [exceptions:] any procedure that... would not deplete the hospital capacity or the personal protective equipment needed to cope with the COVID-19 disaster; or 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 percent 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... for the duration of the COVID-19 disaster.

Enforcement: Tex. Gov't Code 418.173

Citation: Governor Greg Abbott, Executive Order GA-15 (Apr. 17, 2020) (Ex. SEC-01-046) Open the exhibit

Ex. SEC-01-131

State Public Health Order (Apr. 22, 2020) (health care facility protocols; Utah Roadmap for Resuming Elective Procedures)

State Public Health Order: protocols for covered healthcare providers and resumption of elective procedures

Utah Department of Health, Utah (State)

Dates: In force from Apr. 22, 2020 to May 1, 2020
Quarters: 2020 Q2
Limitations: Face-covering requirementHealth care ordersOther
Functions reached: VS one companion; IC screening and masking; SX roadmap conditions; ED intake
Grade: Confirmed from a secondary source
Days in this quarter: 10

Each covered healthcare provider shall:... require each individual in a healthcare facility, including each staff member, patient, and individual accompanying a patient, to wear a mask... permit no more than one individual to accompany each patient; ensure that no individual is permitted to congregate in or near the healthcare facility... screen each individual who enters the healthcare facility by: taking the individual's temperature; 4. Each hospital and ambulatory surgical center operating in Utah shall follow the protocols developed by the Utah Hospital Association in consultation with the Utah Department of Health, titled 'Utah Roadmap for Resuming Elective Procedures' and dated April 21, 2020 (ACS tracker quotation).

Enforcement: Utah Code 26-23-6

Citation: Utah Department of Health, State Public Health Order (Apr. 22, 2020) (health care facility protocols; Utah Roadmap for Resuming Elective Procedures) (Ex. SEC-01-131)

Ex. SEC-01-090

Executive Order D 2020 045

Permitting the Limited Recommencement of Voluntary or Elective Surgeries and Procedures (amending and extending D 2020 009 and D 2020 027)

Governor Jared Polis, Colorado (State)

Dates: In force from Apr. 27, 2020 to May 26, 2020 (issued Apr. 26, 2020)
Quarters: 2020 Q2
Limitations: Health care orders
Functions reached: SX; IC; SC PPE criteria; OF
Grade: Primary source read
Days in this quarter: 30

On March [19], 2020, I issued Executive Order D 2020 009, which ordered the temporary cessation of all voluntary or elective surgeries and procedures and preservation of personal [protective equipment]... [On] April 6, 2020, I issued Executive Order D 2020 027 that amended and extended Executive Order D 2020 009, which expired on April 26, 2020. This Executive Order permits voluntary or elective surgeries and procedures to begin... A. Medical, dental, or veterinary voluntary or elective surgeries and procedures may resume as long as the healthcare facility... follows protocols and criteria set forth in this Executive Order and any accompanying Public Health Order (PHO) issued by CDPHE. A voluntary or elective surgery or procedure means that the surgery or procedure can be delayed for a minimum of three months without undue risk.

Enforcement: Colo. Rev. Stat. 24-33.5-704; CDPHE PHO 20-29

Citation: Governor Jared Polis, Executive Order D 2020 045 (Apr. 26, 2020) (Ex. SEC-01-090) Open the exhibit

Ex. SEC-01-091

Executive Order 20-22

Extension of stay-at-home order; conditions for resuming clinically indicated procedures (effective Apr. 27, 2020)

Governor Eric J. Holcomb, Indiana (State)

Dates: In force from Apr. 27, 2020 to June 30, 2020 (issued Apr. 20, 2020)
Quarters: 2020 Q2
Limitations: Stay-at-homeHealth care orders
Functions reached: SX; SC; IC
Grade: Confirmed from a secondary source
Days in this quarter: 65 (in force on the last day)

as long as sufficient personal protective equipment (PPE), staff and other supplies are available so as not to detract from what is necessary and appropriate to properly care for and treat patients who have or may have COVID-19, hospitals should conduct clinically indicated procedures meant to diagnose, screen and treat medical conditions that have the potential for short-term or long-term morbidity and/or mortality (ACS tracker quotation).

Enforcement: Ind. Code 10-14-3-34

Citation: Governor Eric J. Holcomb, Executive Order 20-22 (Apr. 20, 2020) (Ex. SEC-01-091)

Ex. SEC-01-121

LDH Healthcare Provider Notice 2020-COVID19-ALL-010 (Updated Order, Apr. 20, 2020)

Time-sensitive medical and surgical procedures permitted on conditions; discontinuance on notice of the State Health Officer

Louisiana Department of Health, Louisiana (State)

Dates: In force from Apr. 27, 2020 to Sept. 30, 2020 (issued Apr. 20, 2020)
Quarters: 2020 Q22020 Q3
Limitations: Capacity limitHealth care orders
Functions reached: SX; SC PPE 5-day floor; IC testing; IP; WF staffing condition
Grade: Confirmed from a secondary source
Days in this quarter: 65 (in force on the last day)

Time-Sensitive Medical Conditions: Subject to paragraph (b) below, medical and surgical procedures are allowed to treat time-sensitive medical conditions, provided that the facility and/or healthcare provider ensure that each of the following conditions/requirements are met... At no time shall a facility's PPE supply to treat COVID positive patient fall below a 5-day supply on hand at the facility. The facility shall not be dependent on the state or other governmental body to supply the 5-day requirement... Medical and Surgical Procedures to Treat Time-Sensitive Medical Conditions SHALL BE IMMEDIATELY DISCONTINUED upon notice by the State Health Officer (ACS tracker quotation).

Enforcement: La. R.S. 40:6

Citation: Louisiana Department of Health, LDH Healthcare Provider Notice 2020-COVID19-ALL-010 (Updated Order, Apr. 20, 2020) (Ex. SEC-01-121)

Ex. SEC-01-041

Executive Order 202.25

Continuing Temporary Suspension and Modification of Laws (permitting elective outpatient treatments in eligible counties)

Governor Andrew M. Cuomo, New York (State)

Dates: In force from Apr. 29, 2020 to June 6, 2020
Quarters: 2020 Q2
Limitations: Health care orders
Functions reached: SX; OC; IC testing; CB
Grade: Primary source read
Days in this quarter: 39

Eligibility (DOH, Apr. 28, 2020): county hospital capacity over 25 percent and fewer than 10 new COVID-19 hospitalizations in the county over the past 10 days; a hospital below the threshold is not eligible; elective surgeries must cease if capacity falls below 25 percent or hospitalizations rise by 10; patients must test negative before any elective outpatient treatment (ACS tracker).

Enforcement: Exec. Law 29-a

Citation: Governor Andrew M. Cuomo, Executive Order 202.25 (Apr. 29, 2020) (Ex. SEC-01-041) Open the exhibit

Ex. SEC-01-134

Executive Order 30-20

Resumption of elective procedures by clinics and offices under Chapter 30 board guidance; hospitals and ASCs under Section 1 conditions

Governor Jim Justice, West Virginia (State)

Dates: In force from Apr. 30, 2020 to Sept. 30, 2020 (issued Apr. 27, 2020)
Quarters: 2020 Q22020 Q3
Limitations: Health care orders
Functions reached: SX; SC
Grade: Confirmed from a secondary source
Days in this quarter: 62 (in force on the last day)

3. All clinics, offices, and other facilities operated by or with medical and health care professionals licensed or regulated by Chapter 30 Health Care Boards, except for the hospitals and ambulatory surgical centers subject to Section 1 of this Order, may resume all operations and procedures, including elective procedures, according to such guidance and best practices as is disseminated by the applicable Chapter 30 Health Care Board(s)... 5. All clinics, offices, and other facilities that resume or expand operations under this Order shall ensure that sufficient occupationally appropriate PPE... [is] available (ACS tracker quotation).

Enforcement: W. Va. Code 15-5-19

Citation: Governor Jim Justice, Executive Order 30-20 (Apr. 27, 2020) (Ex. SEC-01-134)

Ex. SEC-01-047

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 Sept. 17, 2020 (issued Apr. 27, 2020)
Quarters: 2020 Q22020 Q3
Limitations: Capacity limitHealth care orders
Functions reached: IP 15 percent reserve; SX; OF
Grade: Primary source read
Days in this quarter: 61 (in force on the last day)

beginning at 12:01 a.m. on May 1, 2020: [every hospital licensed under Chapter 241 shall] reserve at least 15 percent of its hospital capacity for treatment of COVID-19 patients, accounting for the range of clinical severity... This executive order will supersede Executive Order GA-15 as of 12:01 a.m. on May 1, 2020... and shall remain in effect and in full force until modified, amended, rescinded, or superseded by the governor.

Enforcement: Tex. Gov't Code 418.173

Citation: Governor Greg Abbott, Executive Order GA-19 (Apr. 27, 2020) (Ex. SEC-01-047) Open the exhibit

Ex. SEC-01-063

Executive Order 2020-32

Requesting Exemption from Executive Order 2020-10 Elective Surgeries

Governor Douglas A. Ducey, Arizona (State)

Dates: In force from May 1, 2020 to Sept. 30, 2020 (issued Apr. 22, 2020)
Quarters: 2020 Q22020 Q3
Limitations: Capacity limitHealth care orders
Functions reached: SX; IP 80 percent occupancy ceiling; IC testing and screening; VS; SC PPE
Grade: Confirmed from a secondary source
Days in this quarter: 61 (in force on the last day)

Hospitals, healthcare facilities, and providers (including dental surgery providers) must demonstrate in a request for exemption from Executive Order 2020-10... A continuing supply of PPE... for more than 14 days and that is not reliant on the state or a county health department; and Adequate staffing and bed availability with no greater than 80% of total bed capacity occupied, if it is a hospital; and Implementation of a robust COVID-19 testing plan to test all at-risk healthcare workers and each patient prior to the scheduling of an elective, non-essential surgery... Implementation of a universal symptom screening process for all staff, patients, and visitors prior to entry into the facility... A hospital, healthcare facility or provider who has an exemption from Executive Order 2020-10 is not eligible to request or receive PPE distributed by the state or county health departments.

Enforcement: A.R.S. 26-317; ADHS exemption process

Citation: Governor Douglas A. Ducey, Executive Order 2020-32 (Apr. 22, 2020) (Ex. SEC-01-063)

Ex. SEC-01-069

Executive Order 20-22

Resuming Non-Urgent Medical Procedures (framework from May 1, 2020)

Governor Kate Brown, Oregon (State)

Dates: In force from May 1, 2020 to Sept. 30, 2020 (issued Apr. 27, 2020)
Quarters: 2020 Q22020 Q3
Limitations: Health care orders
Functions reached: SX; IC; SC
Grade: Primary source read
Days in this quarter: 61 (in force on the last day)

[rescinds EO 20-10 and permits resumption of non-urgent procedures from May 1, 2020 for facilities meeting OHA's criteria: PPE supply, testing, capacity monitoring, and a plan to reduce procedures if a surge occurs] (scanned; described from OHA's Apr. 23, 2020 framework announcement in the ACS tracker)

Enforcement: ORS 401.990

Citation: Governor Kate Brown, Executive Order 20-22 (Apr. 27, 2020) (Ex. SEC-01-069) Open the exhibit

Ex. SEC-01-127

Public Health Emergency Order (Apr. 30, 2020)

Public Health Order permitting gradual resumption of medical and surgical operations under DOH guidelines

Secretary of Health, New Mexico (State)

Dates: In force from May 1, 2020 to Sept. 30, 2020 (issued Apr. 30, 2020)
Quarters: 2020 Q22020 Q3
Limitations: Health care orders
Functions reached: SX; OF attestation; IC
Grade: Confirmed from a secondary source
Days in this quarter: 61 (in force on the last day)

Hospitals and ambulatory surgical facilities may gradually resume operations in compliance with guidelines provided by the New Mexico Department of Health. The guidelines shall be called 'Medically Necessary Surgery and Procedural Guidelines'... To reopen or expand ambulatory or inpatient surgery, a facility must affirm past compliance with all current Public Health Emergency Orders (ACS tracker quotation).

Enforcement: NMSA 1978, 12-10A-19

Citation: Secretary of Health, Public Health Emergency Order (Apr. 30, 2020) (Ex. SEC-01-127)

Ex. SEC-01-065

Executive Order 20-112

Phase 1: Safe. Smart. Step-by-Step. Plan for Florida's Recovery (medical procedures section)

Governor Ron DeSantis, Florida (State)

Dates: In force from May 4, 2020 to Sept. 30, 2020 (issued Apr. 29, 2020)
Quarters: 2020 Q22020 Q3
Limitations: Capacity limitHealth care orders
Functions reached: SX; IP surge conversion; SC PPE self-sufficiency; CB long-term care support
Grade: Primary source read
Days in this quarter: 58 (in force on the last day)

Subject to the conditions outlined below, elective procedures prohibited by Executive Order 20-72 may resume when this order goes into effect. [A facility] may perform procedures prohibited by Executive Order 20-72 only if: The facility has the capacity to immediately convert additional facility-identified surgical and intensive care beds for treatment of COVID-19 patients in a surge capacity situation; The facility has adequate personal protective equipment... without the facility seeking any additional federal or state assistance regarding PPE supplies; The facility has not sought any additional federal, state, or local government assistance regarding PPE supplies since resuming elective procedures; and The facility has not refused to provide support to and proactively engage with skilled nursing facilities, assisted living facilities and other long-term care residential providers....…

Enforcement: Fla. Stat. 252.50

Citation: Governor Ron DeSantis, Executive Order 20-112 (Apr. 29, 2020) (Ex. SEC-01-065) Open the exhibit

Ex. SEC-01-102

Amended Directive and Order Regarding Various Healthcare Matters (May 6, 2020)

Amended Directive and Order Regarding Various Healthcare Matters (resumption of elective and non-urgent procedures)

Secretary of Health Robert R. Neall (Maryland Department of Health), Maryland (State)

Dates: In force from May 7, 2020 to Sept. 30, 2020 (issued May 6, 2020)
Quarters: 2020 Q22020 Q3
Limitations: Health care orders
Functions reached: SX; OC; SC PPE; IC
Grade: Confirmed from a secondary source
Days in this quarter: 55 (in force on the last day)

B. Resumption of Elective and Non-Urgent Medical Procedures - Conditions. All licensed healthcare facilities and healthcare providers may resume elective and non-urgent medical procedures and appointments at 7:00 A.M., May 7, 2020 provided all of the following measures are in place:... Any licensed healthcare facility or healthcare provider resuming elective and non-urgent medical procedures shall have at least one week's supply of personal protective equipment (PPE) (ACS tracker quotation).

Enforcement: Md. Code, Public Safety 14-3A-08 (misdemeanor)

Citation: Secretary of Health Robert R. Neall (Maryland Department of Health), Amended Directive and Order Regarding Various Healthcare Matters (May 6, 2020) (Ex. SEC-01-102)

Ex. SEC-01-067

Emergency Executive Order 20-51

Requiring Facilities to Safely Resume Elective Surgeries and Procedures That Utilize Personal Protective Equipment or Ventilators During the 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 orders
Functions reached: SX; IC; SC; OF plan
Grade: Primary source read
Days in this quarter: 52 (in force on the last day)

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 [written plan; PPE supply; testing; capacity monitoring]... It remains in effect until the peacetime emergency declared in Executive Order 20-01 is terminated or until it is rescinded by proper authority.

Enforcement: Minn. Stat. 12.45

Citation: Governor Tim Walz, Emergency Executive Order 20-51 (May 5, 2020) (Ex. SEC-01-067) Open the exhibit

Ex. SEC-01-095

IDPH Guidance: Elective Surgery and Procedures (Apr. 24, 2020) (following IDPH's Mar. 19, 2020 direction to postpone)

IDPH guidance permitting hospitals and ASTCs to resume elective procedures from May 11, 2020 on stated criteria

Illinois Department of Public Health, Illinois (State)

Dates: In force from May 11, 2020 to Sept. 30, 2020 (issued Apr. 24, 2020)
Quarters: 2020 Q22020 Q3
Limitations: Health care orders
Functions reached: SX; IC
Grade: Primary source read
Days in this quarter: 51 (in force on the last day)

Beginning on May 11, 2020, hospitals and ASTCs may begin to perform procedures, provided that specific criteria have been met (ACS tracker quotation).

Enforcement: Guidance (licensure leverage under the Hospital Licensing Act); Illinois's mandatory instrument was the Mar. 20, 2020 stay-at-home order (EO 2020-10) which treated health care as essential

Citation: Illinois Department of Public Health, IDPH Guidance: Elective Surgery and Procedures (Apr. 24, 2020) (following IDPH's Mar. 19, 2020 direction to postpone) (Ex. SEC-01-095) Open the exhibit

Ex. SEC-01-107

Directed Health Measure Order 2020-011 (consolidated: Cass, Douglas and Sarpy Counties, with statewide sections II and III)

Directed Health Measure Order 2020-011

Nebraska Department of Health and Human Services (Chief Medical Officer/Director of Public Health Gary Anthone), Nebraska (State)

Dates: In force from May 11, 2020; end: 2020-05-04 (elective surgeries permitted on capacity and PPE conditions; ACS) (issued Apr. 3, 2020)
Quarters: 2020 Q2
Limitations: Gathering capHealth care ordersQuarantine and isolation
Functions reached: SX; OC; WF home quarantine rules; CB
Grade: Primary source read
Days in this quarter: 51 (in force on the last day)

2. Elective medical and dental surgeries and elective medical and dental procedures are hereby prohibited. For the purposes of this Order, this means a surgery or procedure that is scheduled in advance because it does not involve a medical or dental emergency. Surgeries or procedures that must be done to preserve the patient's life or physical health, but do not need to be performed immediately, are allowed by a case-by-case determination of the medical or dental provider.

Enforcement: Neb. Rev. Stat. 71-502 (Class III misdemeanor); DHHS enforcement

Citation: Nebraska Department of Health and Human Services (Chief Medical Officer/Director of Public Health Gary Anthone), Directed Health Measure Order 2020-011 (consolidated: Cass, Douglas and Sarpy Counties, with statewide sections II and III) (Apr. 3, 2020) (Ex. SEC-01-107) Open the exhibit

Ex. SEC-01-132

Amendment to Addendum 3 to Executive Order 01-20 (May 4, 2020)

Authorizing the Commissioner of Health to permit resumption of clinic visits, diagnostic imaging and outpatient procedures with minimal impact on inpatient capacity and PPE (from May 15, 2020)

Governor Philip B. Scott, Vermont (State)

Dates: In force from May 15, 2020 to Sept. 30, 2020 (issued May 4, 2020)
Quarters: 2020 Q22020 Q3
Limitations: Health care orders
Functions reached: SX; OC; IP
Grade: Confirmed from a secondary source
Days in this quarter: 47 (in force on the last day)

authorize the Commissioner of the Vermont Department of Public Health to issue mitigation requirements and procedures for the resumption of clinic visits, diagnostic imaging and such outpatient surgeries and procedures that have a minimal impact on inpatient hospital bed capacity and PPE levels... may, from time-to-time, update and modify the mitigation requirements and procedures regarding the resumption of additional adult elective surgery (ACS tracker quotation).

Enforcement: 20 V.S.A. 8, 9

Citation: Governor Philip B. Scott, Amendment to Addendum 3 to Executive Order 01-20 (May 4, 2020) (Ex. SEC-01-132)

Ex. SEC-01-054

Proclamation 20-24.1

Reducing Restrictions on, and Safe Expansion of, Non-Urgent Medical and Dental Procedures

Governor Jay Inslee, Washington (State)

Dates: In force from May 18, 2020 to Oct. 31, 2022
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care orders
Functions reached: SX; OC; IC; VS; SC PPE criteria
Grade: Confirmed from a secondary source
Days in this quarter: 44 (in force on the last day)

I hereby prohibit all medical, dental and dental specialty facilities, practices, and practitioners in Washington State from providing non-urgent health care and dental services, procedures, and surgeries unless they act in good faith and with reasonable clinical judgment to meet and follow the procedures and criteria provided [in the listed guidelines] (ACS tracker quotation).

Enforcement: RCW 43.06.220(5)

Citation: Governor Jay Inslee, Proclamation 20-24.1 (May 18, 2020) (Ex. SEC-01-054)

Ex. SEC-01-072

Order of the Commissioner of Public Health (May 18, 2020) (resumption of urgent elective invasive procedures by attested providers)

Order of the Commissioner of Public Health (Phase 1 reopening of health care)

Commissioner of Public Health, Massachusetts (State)

Dates: In force from May 18, 2020 to June 15, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Health care orders
Functions reached: SX; OC; IC; OF attestation
Grade: Confirmed from a secondary source
Days in this quarter: 44 (in force on the last day)

a health care provider that has submitted an attestation to the state certifying that they meet clinical, capacity, safety standards, and governance requirements to resume providing high-priority preventative care and urgent procedures or services that cannot be delivered remotely... shall implement procedures published by the Department of Public Health regarding the scheduling and performance of such urgent elective invasive procedures. Any such health care provider that has not submitted the attestation shall not perform any non-essential elective invasive procedures (ACS tracker quotation).

Enforcement: Licensure

Citation: Commissioner of Public Health, Order of the Commissioner of Public Health (May 18, 2020) (resumption of urgent elective invasive procedures by attested providers) (Ex. SEC-01-072)

Ex. SEC-01-089

Executive Order 2020-96

Safe Start Order (rescinding EO 2020-17 as of May 28, 2020 at 11:59 p.m.)

Governor Gretchen Whitmer, Michigan (State)

Dates: In force from May 21, 2020 to June 30, 2020
Quarters: 2020 Q2
Limitations: Stay-at-homeHealth care orders
Functions reached: SX
Grade: Primary source read
Days in this quarter: 41 (in force on the last day)

Executive Order 2020-17, which imposed temporary requirements regarding the postponement of non-essential medical and dental procedures, is rescinded as of May 28, 2020 at 11:59 pm (ACS tracker quotation).

Citation: Governor Gretchen Whitmer, Executive Order 2020-96 (May 21, 2020) (Ex. SEC-01-089) Open the exhibit

Ex. SEC-01-043

Executive Order No. 145 (2020)

Rescinding the suspension of elective surgeries and invasive procedures subject to Department of Health policies

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 orders
Functions reached: SX; VS; IC; OF reporting; 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 limitations and precautions set forth in policies, which may include but are not limited to Executive Directives, to be issued by the Department of Health... [addressing] which specific facilities are eligible... based upon their current or potential capacity... Personal Protective Equipment requirements... Staffing requirements... cohort COVID-19 and non-COVID-19 patients... testing, self-quarantine... Policies surrounding visitors... Reporting metrics.

Enforcement: Exec. Order; DOH licensure

Citation: Governor Philip D. Murphy, Executive Order No. 145 (2020) (May 15, 2020) (Ex. SEC-01-043) Open the exhibit

Ex. SEC-01-119

Kentucky Healthcare Reopening (Apr. 27, 2020): Phases 1-4

Healthy at Work: Healthcare Reopening phases

Cabinet for Health and Family Services, Kentucky (State)

Dates: In force from May 27, 2020 to Sept. 30, 2020 (issued Apr. 27, 2020)
Quarters: 2020 Q22020 Q3
Limitations: Capacity limitHealth care orders
Functions reached: SX 50 percent volume cap (Phase 3); IP 30 percent reserve; SC 14-day PPE; IC testing
Grade: Confirmed from a secondary source
Days in this quarter: 35 (in force on the last day)

Phase 2: Begins Wednesday, May 6, 2020. Outpatient/ambulatory surgery and invasive procedures may resume... Each facility must maintain 14-day supply of all necessary PPE... For acute care hospitals, maintain at least 30% bed capacity, per facility surge plan, in both ICU and total beds for COVID-19 patients. Phase 3: Begins Wednesday, May 13, 2020. Non-emergent/non-urgent inpatient surgery and procedures may resume at 50% of pre-COVID-19 shutdown volume... Phase 4: Begins Wednesday, May 27, 2020 (ACS tracker quotation).

Enforcement: KRS 39A.990

Citation: Cabinet for Health and Family Services, Kentucky Healthcare Reopening (Apr. 27, 2020): Phases 1-4 (Ex. SEC-01-119)

Ex. SEC-01-031

COVID-19: Executive Orders by State on Dental, Medical, and Surgical Procedures (as updated June 8, 2020; Wayback capture Dec. 3, 2020)

ACS State executive-order tracker, spring 2020 reopening orders

American College of Surgeons (secondary source), United States (fifty-State tracker) (Sector regulator)

Dates: In force from June 8, 2020 to Sept. 30, 2020
Quarters: 2020 Q22020 Q3
Limitations: Health care orders
Functions reached: SX; OC; VS; IC
Grade: Confirmed from a secondary source
Days in this quarter: 23 (in force on the last day)

Quotes the reopening instruments and conditions of 33 States and DC (AK, AL, AR, AZ, CO, DC, FL, IA, IL, IN, KY, LA, MA, MD, MI, MN, MS, NC, NE, NJ, NM, NY, OH, OK, OR, PA, SD, TN, TX, UT, VA, VT, WA, WV).

Citation: American College of Surgeons (secondary source), COVID-19: Executive Orders by State on Dental, Medical, and Surgical Procedures (as updated June 8, 2020; Wayback capture Dec. 3, 2020) (Ex. SEC-01-031) Open the exhibit

Ex. SEC-01-048

Executive Order GA-27

Relating to hospital capacity during the COVID-19 disaster (Bexar, Dallas, Harris and Travis Counties)

Governor Greg Abbott, Texas (State)

Dates: In force from June 25, 2020 to June 30, 2020
Quarters: 2020 Q22020 Q3
Limitations: Health care orders
Functions reached: SX; IP; CB
Grade: Primary source read
Days in this quarter: 6 (in force on the last day)

[every hospital 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... This executive order shall remain in effect and in full force until modified, amended, rescinded, or superseded by the governor.

Enforcement: Tex. Gov't Code 418.173

Citation: Governor Greg Abbott, Executive Order GA-27 (June 25, 2020) (Ex. SEC-01-048) Open the exhibit

Ex. SEC-01-019

Determination that a Public Health Emergency Exists (Jan. 31, 2020, effective Jan. 27, 2020) and renewals (Apr. 21, July 23, Oct. 2, 2020; Jan. 7, Apr. 15, July 19, Oct. 15, 2021)

Determination that a Public Health Emergency Exists

Secretary of HHS, 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: CB; IP; OF
Grade: Confirmed from a secondary source
Days in this quarter: 110 (the whole quarter)

Citation: Secretary of HHS, Determination that a Public Health Emergency Exists (Jan. 31, 2020, effective Jan. 27, 2020) and renewals (Apr. 21, July 23, Oct. 2, 2020; Jan. 7, Apr. 15, July 19, Oct. 15, 2021) (Ex. SEC-01-019)

Ex. SEC-01-014

Executive Order 13909

Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of COVID-19, 85 Fed. Reg. 16227

President, United States (Federal)

Dates: In force from Mar. 18, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Supply chain
Functions reached: SC
Grade: Primary source read
Days in this quarter: 105 (in force on the last day)

Delegates DPA title I priority and allocation authority for health and medical resources (ventilators, PPE) to the Secretary of HHS.

Enforcement: DPA

Citation: President, Executive Order 13909 (Mar. 18, 2020) (Ex. SEC-01-014) Open the exhibit

Ex. SEC-01-015

Executive Order 13910

Preventing Hoarding of Health and Medical Resources to Respond to the Spread of COVID-19, 85 Fed. Reg. 17001

President, United States (Federal)

Dates: In force from Mar. 23, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Supply chain
Functions reached: SC
Grade: Primary source read
Days in this quarter: 100 (in force on the last day)

Delegates authority to designate scarce or threatened materials and prohibits accumulation in excess of reasonable demands.

Enforcement: 50 U.S.C. 4512-4513; DOJ hoarding task force

Citation: President, Executive Order 13910 (Mar. 23, 2020) (Ex. SEC-01-015) Open the exhibit

Ex. SEC-01-022

Executive Order 13911

Delegating Additional Authority Under the Defense Production Act With Respect to Health and Medical Resources to Respond to the Spread of COVID-19, 85 Fed. Reg. 18403

President, United States (Federal)

Dates: In force from Mar. 27, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Supply chain
Functions reached: SC
Grade: Primary source read
Days in this quarter: 96 (in force on the last day)

Delegates DPA title III and section 708 authorities for health and medical resources.

Enforcement: DPA

Citation: President, Executive Order 13911 (Mar. 27, 2020) (Ex. SEC-01-022) Open the exhibit

Ex. SEC-01-013

Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use, 44 C.F.R. part 328, 85 Fed. Reg. 20195

Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use

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; IC
Grade: Primary source read
Days in this quarter: 85 (in force on the last day)

DATES: Effective date: This rule is effective from April 7, 2020 until [August 10, 2020]... prioritization and allocation of health [and medical resources]

Enforcement: 50 U.S.C. 4513 criminal penalties; CBP detention of shipments

Citation: FEMA, Department of Homeland Security, Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use, 44 C.F.R. part 328, 85 Fed. Reg. 20195 (Apr. 10, 2020) (Ex. SEC-01-013) 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-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-236

Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 58218 (Oct. 21, 2021)

Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada

DHS (Secretary Alejandro N. Mayorkas), United States-Canada land border (Federal)

Dates: In force from Oct. 22, 2021 to Jan. 21, 2022 (issued Oct. 21, 2021)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Travel and quarantineVaccination or testing
Functions reached: TV; CB; MK
Grade: Primary source read
Days in this quarter: 0

DATES: This notification goes into effect at 12 a.m. Eastern Daylight Time (EDT) on October 22, 2021 and will remain in effect until 11:59 p.m. Eastern Standard Time (EST) on January 21, 2022, unless amended or rescinded prior to that time.... This Notification further announces that the Secretary intends to lift these limitations for individuals who are fully vaccinated for COVID-19 (as defined by the Centers for Disease Control and Prevention) to align with anticipated changes to international travel by air.... These restrictions also can be modified by the Secretary at any point prior to January 21, 2022 to allow nonessential travel through land ports of entry and ferry terminals for individuals who are fully vaccinated and have appropriate proof of vaccination.

Enforcement: CBP; 19 U.S.C. § 1318(b)

Citation: DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 58218 (Oct. 21, 2021) (Ex. FED-236) 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 (27 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-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-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-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-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-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-393	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)	In force from May 21, 2020 to Sept. 30, 2020 (issued Mar. 17, 2020)	Business closure

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 Hospitals and Health Systems

Ex. SEC-01-004

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)

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

Dates: In force from Sept. 2, 2020 to May 11, 2023 (issued Aug. 25, 2020)
Quarters: 2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rules
Functions reached: IP bed and census reporting daily; OC hospital laboratory test reporting; SC PPE and ventilator supply reporting; OF data reporting; WF staffing shortage reporting; ED
Grade: Primary source read
Days in this quarter: 29 (in force on the last day)

482.42(e) COVID-19 Reporting. During the [PHE] the hospital must report information in accordance with a frequency, and in a standardized format, as specified by the Secretary during the PHE for COVID-19... (d) This section is in effect during and [until the] end of the PHE.

Enforcement: Condition of participation; noncompliance subject to termination from Medicare (enforcement letters from Oct. 7, 2020 under CMS's Oct. 6, 2020 memorandum); 493.41 laboratory civil money penalties

Citation: 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) Open the exhibit

Ex. SEC-01-049

Executive Order GA-31

Relating to hospital capacity during the COVID-19 disaster (areas with high hospitalizations)

Governor Greg Abbott, Texas (State)

Dates: In force from Sept. 17, 2020 to Mar. 31, 2021
Quarters: 2020 Q32020 Q42021 Q1
Limitations: Capacity limitHealth care orders
Functions reached: SX; IP 15 percent reserve; CB
Grade: Primary source read
Days in this quarter: 14 (in force on the last day)

[recites the June 30 expansion of] postponement of certain surgeries and procedures in Bexar, Dallas, Harris, and Travis counties [to] counties within Trauma Service Areas J, K, M, O, P, Q, R, S, T, U, and V... [hospitals in areas with high hospitalizations] 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 total hospital capacity exceeds 15 percent.

Enforcement: Tex. Gov't Code 418.173

Citation: Governor Greg Abbott, Executive Order GA-31 (Sept. 17, 2020) (Ex. SEC-01-049) Open the exhibit

Continuing in force from an earlier quarter of this report (26 instruments):

Exhibit	Citation	Dates	Limitations
Ex. SEC-01-139	Secretary / Acting Secretary of Health, Order of the Secretary Requiring Hospitals to Make Daily Reports of Specified Data Regarding Supplies and Equipment (Mar. 24, 2020), as amended July 10, 2020, Jan. 27, 2021 (SEC-01-094) and Aug. 13, 2021 (effective Aug. 18, 2021) (Ex. SEC-01-139)	In force from Mar. 24, 2020 to Sept. 30, 2021	Health care ordersWorkplace rules
Ex. SEC-01-010	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)	In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 30, 2020)	Health care orders
Ex. SEC-01-006	CMS, Quality, Safety & Oversight Group, QSO-20-13-Hospitals-CAHs (REVISED) (Mar. 4, 2020) (Ex. SEC-01-006)	In force from Mar. 4, 2020 to May 1, 2023	Health care orders
Ex. SEC-01-087	Governor Gretchen Whitmer, Executive Order 2020-07 (Mar. 14, 2020) (Ex. SEC-01-087)	In force from Mar. 14, 2020 to Dec. 31, 2020	Gathering capHealth care orders
Ex. SEC-01-121	Louisiana Department of Health, LDH Healthcare Provider Notice 2020-COVID19-ALL-010 (Updated Order, Apr. 20, 2020) (Ex. SEC-01-121)	In force from Apr. 27, 2020 to Sept. 30, 2020 (issued Apr. 20, 2020)	Capacity limitHealth care orders
Ex. SEC-01-134	Governor Jim Justice, Executive Order 30-20 (Apr. 27, 2020) (Ex. SEC-01-134)	In force from Apr. 30, 2020 to Sept. 30, 2020 (issued Apr. 27, 2020)	Health care orders
Ex. SEC-01-047	Governor Greg Abbott, Executive Order GA-19 (Apr. 27, 2020) (Ex. SEC-01-047)	In force from May 1, 2020 to Sept. 17, 2020 (issued Apr. 27, 2020)	Capacity limitHealth care orders
Ex. SEC-01-063	Governor Douglas A. Ducey, Executive Order 2020-32 (Apr. 22, 2020) (Ex. SEC-01-063)	In force from May 1, 2020 to Sept. 30, 2020 (issued Apr. 22, 2020)	Capacity limitHealth care orders
Ex. SEC-01-069	Governor Kate Brown, Executive Order 20-22 (Apr. 27, 2020) (Ex. SEC-01-069)	In force from May 1, 2020 to Sept. 30, 2020 (issued Apr. 27, 2020)	Health care orders
Ex. SEC-01-127	Secretary of Health, Public Health Emergency Order (Apr. 30, 2020) (Ex. SEC-01-127)	In force from May 1, 2020 to Sept. 30, 2020 (issued Apr. 30, 2020)	Health care orders
Ex. SEC-01-065	Governor Ron DeSantis, Executive Order 20-112 (Apr. 29, 2020) (Ex. SEC-01-065)	In force from May 4, 2020 to Sept. 30, 2020 (issued Apr. 29, 2020)	Capacity limitHealth care orders
Ex. SEC-01-102	Secretary of Health Robert R. Neall (Maryland Department of Health), Amended Directive and Order Regarding Various Healthcare Matters (May 6, 2020) (Ex. SEC-01-102)	In force from May 7, 2020 to Sept. 30, 2020 (issued May 6, 2020)	Health care orders
Ex. SEC-01-067	Governor Tim Walz, Emergency Executive Order 20-51 (May 5, 2020) (Ex. SEC-01-067)	In force from May 10, 2020 to July 1, 2021 (issued May 5, 2020)	Health care orders
Ex. SEC-01-095	Illinois Department of Public Health, IDPH Guidance: Elective Surgery and Procedures (Apr. 24, 2020) (following IDPH's Mar. 19, 2020 direction to postpone) (Ex. SEC-01-095)	In force from May 11, 2020 to Sept. 30, 2020 (issued Apr. 24, 2020)	Health care orders
Ex. SEC-01-132	Governor Philip B. Scott, Amendment to Addendum 3 to Executive Order 01-20 (May 4, 2020) (Ex. SEC-01-132)	In force from May 15, 2020 to Sept. 30, 2020 (issued May 4, 2020)	Health care orders
Ex. SEC-01-054	Governor Jay Inslee, Proclamation 20-24.1 (May 18, 2020) (Ex. SEC-01-054)	In force from May 18, 2020 to Oct. 31, 2022	Health care orders
Ex. SEC-01-072	Commissioner of Public Health, Order of the Commissioner of Public Health (May 18, 2020) (resumption of urgent elective invasive procedures by attested providers) (Ex. SEC-01-072)	In force from May 18, 2020 to June 15, 2021	Health care orders
Ex. SEC-01-043	Governor Philip D. Murphy, Executive Order No. 145 (2020) (May 15, 2020) (Ex. SEC-01-043)	In force from May 26, 2020 to Sept. 30, 2020 (issued May 15, 2020)	Health care orders
Ex. SEC-01-119	Cabinet for Health and Family Services, Kentucky Healthcare Reopening (Apr. 27, 2020): Phases 1-4 (Ex. SEC-01-119)	In force from May 27, 2020 to Sept. 30, 2020 (issued Apr. 27, 2020)	Capacity limitHealth care orders
Ex. SEC-01-031	American College of Surgeons (secondary source), COVID-19: Executive Orders by State on Dental, Medical, and Surgical Procedures (as updated June 8, 2020; Wayback capture Dec. 3, 2020) (Ex. SEC-01-031)	In force from June 8, 2020 to Sept. 30, 2020	Health care orders
Ex. SEC-01-048	Governor Greg Abbott, Executive Order GA-27 (June 25, 2020) (Ex. SEC-01-048)	In force from June 25, 2020 to June 30, 2020	Health care orders
Ex. SEC-01-019	Secretary of HHS, Determination that a Public Health Emergency Exists (Jan. 31, 2020, effective Jan. 27, 2020) and renewals (Apr. 21, July 23, Oct. 2, 2020; Jan. 7, Apr. 15, July 19, Oct. 15, 2021) (Ex. SEC-01-019)	In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)	Emergency declaration
Ex. SEC-01-014	President, Executive Order 13909 (Mar. 18, 2020) (Ex. SEC-01-014)	In force from Mar. 18, 2020 to Sept. 30, 2021	Supply chain
Ex. SEC-01-015	President, Executive Order 13910 (Mar. 23, 2020) (Ex. SEC-01-015)	In force from Mar. 23, 2020 to Sept. 30, 2021	Supply chain
Ex. SEC-01-022	President, Executive Order 13911 (Mar. 27, 2020) (Ex. SEC-01-022)	In force from Mar. 27, 2020 to Sept. 30, 2021	Supply chain
Ex. SEC-01-013	FEMA, Department of Homeland Security, Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use, 44 C.F.R. part 328, 85 Fed. Reg. 20195 (Apr. 10, 2020) (Ex. SEC-01-013)	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-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-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-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-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-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-236	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 58218 (Oct. 21, 2021) (Ex. FED-236)	In force from Oct. 22, 2021 to Jan. 21, 2022 (issued Oct. 21, 2021)	Travel and quarantineVaccination or testing
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 Hospitals and Health Systems

Ex. SEC-01-050

Executive Order GA-32

Relating to the continued response to the COVID-19 disaster as Texas reopens (areas with high hospitalizations)

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 limitHealth care ordersAlcohol and bars
Functions reached: SX (GA-31 postponement continued in high-hospitalization areas); IP; CB (business occupancy rolled back to 50 percent in those areas)
Grade: Primary source read
Days in this quarter: 79 (in force on the last day)

'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 total hospital capacity exceeds 15 percent, until such time as the Trauma Service Area has seven consecutive days in which the number of COVID-19 hospitalized patients as a percentage of total hospital capacity is 15 percent or less.

Enforcement: Tex. Gov't Code 418.173

Citation: Governor Greg Abbott, Executive Order GA-32 (Oct. 7, 2020) (Ex. SEC-01-050) Open the exhibit

Ex. SEC-01-138

Directed Health Measure (Nov. 16, 2020) pausing elective surgeries statewide

Statewide DHM: elective surgeries and procedures reduced/paused (winter 2020-21 tiers)

Nebraska DHHS at the Governor's direction, Nebraska (State)

Dates: In force from Nov. 16, 2020 to May 24, 2021
Quarters: 2020 Q42021 Q1
Limitations: Capacity limitHealth care orders
Functions reached: SX; IP
Grade: Confirmed from a secondary source
Days in this quarter: 46 (in force on the last day)

[hospitals to postpone elective surgeries that require an overnight stay when statewide COVID-19 hospitalizations exceeded the tier threshold] (bundled 03b_research_states_midwest.json, verified_secondary)

Enforcement: Neb. Rev. Stat. 71-502

Citation: Nebraska DHHS at the Governor's direction, Directed Health Measure (Nov. 16, 2020) pausing elective surgeries statewide (Ex. SEC-01-138)

Ex. SEC-01-093

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

Order Requiring Reduction of Elective Procedures in Regions with Low Acute Care Treatment Capacity

Secretary of Health Rachel Levine (Department of Health), Pennsylvania (State)

Dates: In force from Nov. 23, 2020 to June 10, 2021
Quarters: 2020 Q42021 Q12021 Q2
Limitations: Capacity limitHealth care orders
Functions reached: SX 50 percent reduction on notice; IP; WF staffing reporting; OF
Grade: Primary source read
Days in this quarter: 39 (in force on the last day)

A. Upon notice from the Department (Reduction Notice), an Acute Care Hospital located in a Region [meeting the metrics in] 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]. B. A Reduction Notice shall be issued by the Department when hospitals in a Region have reported [data indicating] the Region meets two (2) or more of the following metrics: 1. Staffing Shortage - Thirty-three percent (33%) or more of hospitals in the Region [anticipate staffing shortages]; 2. COVID-19 Surge - A greater than fifty percent (50%) increase in the moving average of COVID-19 admissions in the Region has occurred in the last forty-eight (48) hours; 3. Inadequate Bed Availability - Less than ten percent (10%) of the total staffed medical/surgical beds…

Enforcement: 35 P.S. 521.20 (summary offense); Health Care Facilities Act licensure

Citation: Secretary of Health Rachel Levine (Department of Health), 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-01-093) Open the exhibit

Ex. SEC-01-057

Hospital Surge Public Health Order

Order of the State Public Health Officer: Hospital Surge

State Public Health Officer (CDPH), California (State)

Dates: In force from Dec. 17, 2020 to Jan. 25, 2021
Quarters: 2020 Q42021 Q1
Limitations: Capacity limitHealth care orders
Functions reached: SX; IP transfers and surge; OF
Grade: Confirmed from a secondary source
Days in this quarter: 15 (in force on the last day)

Enforcement: Health & Safety Code 120275, 120295

Citation: State Public Health Officer (CDPH), Hospital Surge Public Health Order (Dec. 17, 2020) (Ex. SEC-01-057)

Continuing in force from an earlier quarter of this report (14 instruments):

Exhibit	Citation	Dates	Limitations
Ex. SEC-01-139	Secretary / Acting Secretary of Health, Order of the Secretary Requiring Hospitals to Make Daily Reports of Specified Data Regarding Supplies and Equipment (Mar. 24, 2020), as amended July 10, 2020, Jan. 27, 2021 (SEC-01-094) and Aug. 13, 2021 (effective Aug. 18, 2021) (Ex. SEC-01-139)	In force from Mar. 24, 2020 to Sept. 30, 2021	Health care ordersWorkplace rules
Ex. SEC-01-004	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)	In force from Sept. 2, 2020 to May 11, 2023 (issued Aug. 25, 2020)	Health care ordersWorkplace rules
Ex. SEC-01-010	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)	In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 30, 2020)	Health care orders
Ex. SEC-01-006	CMS, Quality, Safety & Oversight Group, QSO-20-13-Hospitals-CAHs (REVISED) (Mar. 4, 2020) (Ex. SEC-01-006)	In force from Mar. 4, 2020 to May 1, 2023	Health care orders
Ex. SEC-01-087	Governor Gretchen Whitmer, Executive Order 2020-07 (Mar. 14, 2020) (Ex. SEC-01-087)	In force from Mar. 14, 2020 to Dec. 31, 2020	Gathering capHealth care orders
Ex. SEC-01-067	Governor Tim Walz, Emergency Executive Order 20-51 (May 5, 2020) (Ex. SEC-01-067)	In force from May 10, 2020 to July 1, 2021 (issued May 5, 2020)	Health care orders
Ex. SEC-01-054	Governor Jay Inslee, Proclamation 20-24.1 (May 18, 2020) (Ex. SEC-01-054)	In force from May 18, 2020 to Oct. 31, 2022	Health care orders
Ex. SEC-01-072	Commissioner of Public Health, Order of the Commissioner of Public Health (May 18, 2020) (resumption of urgent elective invasive procedures by attested providers) (Ex. SEC-01-072)	In force from May 18, 2020 to June 15, 2021	Health care orders
Ex. SEC-01-049	Governor Greg Abbott, Executive Order GA-31 (Sept. 17, 2020) (Ex. SEC-01-049)	In force from Sept. 17, 2020 to Mar. 31, 2021	Capacity limitHealth care orders
Ex. SEC-01-019	Secretary of HHS, Determination that a Public Health Emergency Exists (Jan. 31, 2020, effective Jan. 27, 2020) and renewals (Apr. 21, July 23, Oct. 2, 2020; Jan. 7, Apr. 15, July 19, Oct. 15, 2021) (Ex. SEC-01-019)	In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)	Emergency declaration
Ex. SEC-01-014	President, Executive Order 13909 (Mar. 18, 2020) (Ex. SEC-01-014)	In force from Mar. 18, 2020 to Sept. 30, 2021	Supply chain
Ex. SEC-01-015	President, Executive Order 13910 (Mar. 23, 2020) (Ex. SEC-01-015)	In force from Mar. 23, 2020 to Sept. 30, 2021	Supply chain
Ex. SEC-01-022	President, Executive Order 13911 (Mar. 27, 2020) (Ex. SEC-01-022)	In force from Mar. 27, 2020 to Sept. 30, 2021	Supply chain
Ex. SEC-01-013	FEMA, Department of Homeland Security, Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use, 44 C.F.R. part 328, 85 Fed. Reg. 20195 (Apr. 10, 2020) (Ex. SEC-01-013)	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-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-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-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-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-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-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 Hospitals and Health Systems

Ex. SEC-01-094

Amendment (Jan. 27, 2021) to the Order of the Secretary Requiring Hospitals to Make Daily Reports of Specified Data Regarding Supplies and Equipment (Mar. 24, 2020), as amended July 10, 2020

Amendment to the Order of the Secretary Requiring Hospitals to Make Daily Reports of Specified Data Regarding Supplies and Equipment

Secretary of Health (Department of Health), Pennsylvania (State)

Dates: In force from Jan. 27, 2021 to Aug. 13, 2021
Quarters: 2021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rules
Functions reached: IP bed and ventilator reporting; SC PPE days on hand; WF employees unavailable for work; OF daily reporting
Grade: Primary source read
Days in this quarter: 64 (in force on the last day)

I hereby amend the Order 'Requiring Hospitals to Make Daily Reports of Specified Data Regarding Supplies and Equipment' dated March 24, 2020, as previously amended on July 10, 2020 (Order). Paragraph 3 of the Order is amended to add the following after 'data collection tool in the': [Corvena/HHS system]... Paragraph 3 of the Order is further amended to add the following under '10. Number of employees unavailable for work': 11. Other categories or data fields required by the federal data reporting system.

Enforcement: 35 P.S. 521.20

Citation: Secretary of Health (Department of Health), Amendment (Jan. 27, 2021) to the Order of the Secretary Requiring Hospitals to Make Daily Reports of Specified Data Regarding Supplies and Equipment (Mar. 24, 2020), as amended July 10, 2020 (Ex. SEC-01-094) Open the exhibit

Continuing in force from an earlier quarter of this report (17 instruments):

Exhibit	Citation	Dates	Limitations
Ex. SEC-01-139	Secretary / Acting Secretary of Health, Order of the Secretary Requiring Hospitals to Make Daily Reports of Specified Data Regarding Supplies and Equipment (Mar. 24, 2020), as amended July 10, 2020, Jan. 27, 2021 (SEC-01-094) and Aug. 13, 2021 (effective Aug. 18, 2021) (Ex. SEC-01-139)	In force from Mar. 24, 2020 to Sept. 30, 2021	Health care ordersWorkplace rules
Ex. SEC-01-004	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)	In force from Sept. 2, 2020 to May 11, 2023 (issued Aug. 25, 2020)	Health care ordersWorkplace rules
Ex. SEC-01-010	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)	In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 30, 2020)	Health care orders
Ex. SEC-01-006	CMS, Quality, Safety & Oversight Group, QSO-20-13-Hospitals-CAHs (REVISED) (Mar. 4, 2020) (Ex. SEC-01-006)	In force from Mar. 4, 2020 to May 1, 2023	Health care orders
Ex. SEC-01-067	Governor Tim Walz, Emergency Executive Order 20-51 (May 5, 2020) (Ex. SEC-01-067)	In force from May 10, 2020 to July 1, 2021 (issued May 5, 2020)	Health care orders
Ex. SEC-01-054	Governor Jay Inslee, Proclamation 20-24.1 (May 18, 2020) (Ex. SEC-01-054)	In force from May 18, 2020 to Oct. 31, 2022	Health care orders
Ex. SEC-01-072	Commissioner of Public Health, Order of the Commissioner of Public Health (May 18, 2020) (resumption of urgent elective invasive procedures by attested providers) (Ex. SEC-01-072)	In force from May 18, 2020 to June 15, 2021	Health care orders
Ex. SEC-01-049	Governor Greg Abbott, Executive Order GA-31 (Sept. 17, 2020) (Ex. SEC-01-049)	In force from Sept. 17, 2020 to Mar. 31, 2021	Capacity limitHealth care orders
Ex. SEC-01-050	Governor Greg Abbott, Executive Order GA-32 (Oct. 7, 2020) (Ex. SEC-01-050)	In force from Oct. 14, 2020 to Mar. 10, 2021 (issued Oct. 7, 2020)	Capacity limitHealth care ordersAlcohol and bars
Ex. SEC-01-138	Nebraska DHHS at the Governor's direction, Directed Health Measure (Nov. 16, 2020) pausing elective surgeries statewide (Ex. SEC-01-138)	In force from Nov. 16, 2020 to May 24, 2021	Capacity limitHealth care orders
Ex. SEC-01-093	Secretary of Health Rachel Levine (Department of Health), 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-01-093)	In force from Nov. 23, 2020 to June 10, 2021	Capacity limitHealth care orders
Ex. SEC-01-057	State Public Health Officer (CDPH), Hospital Surge Public Health Order (Dec. 17, 2020) (Ex. SEC-01-057)	In force from Dec. 17, 2020 to Jan. 25, 2021	Capacity limitHealth care orders
Ex. SEC-01-019	Secretary of HHS, Determination that a Public Health Emergency Exists (Jan. 31, 2020, effective Jan. 27, 2020) and renewals (Apr. 21, July 23, Oct. 2, 2020; Jan. 7, Apr. 15, July 19, Oct. 15, 2021) (Ex. SEC-01-019)	In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)	Emergency declaration
Ex. SEC-01-014	President, Executive Order 13909 (Mar. 18, 2020) (Ex. SEC-01-014)	In force from Mar. 18, 2020 to Sept. 30, 2021	Supply chain
Ex. SEC-01-015	President, Executive Order 13910 (Mar. 23, 2020) (Ex. SEC-01-015)	In force from Mar. 23, 2020 to Sept. 30, 2021	Supply chain
Ex. SEC-01-022	President, Executive Order 13911 (Mar. 27, 2020) (Ex. SEC-01-022)	In force from Mar. 27, 2020 to Sept. 30, 2021	Supply chain
Ex. SEC-01-013	FEMA, Department of Homeland Security, Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use, 44 C.F.R. part 328, 85 Fed. Reg. 20195 (Apr. 10, 2020) (Ex. SEC-01-013)	In force from Apr. 7, 2020 to June 30, 2021 (issued Apr. 10, 2020)	Supply chain

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

Federal layer

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-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-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-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: 57 (in force on the last day)

[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-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: 36 (in force on the last 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-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 (33 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-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-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-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-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-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

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 Hospitals and Health Systems

Ex. SEC-01-081

House Bill 702 (2021)

An Act Prohibiting Discrimination Based on a Person's Vaccination Status or Possession of an Immunity Passport

Montana Legislature (Governor Greg Gianforte signed), Montana (State)

Dates: In force from May 7, 2021 to Dec. 9, 2022
Quarters: 2021 Q22021 Q3
Limitations: Workplace rulesVaccination or testingOther
Functions reached: HR (hospitals barred from conditioning employment on vaccination); WF; IC; VS
Grade: Primary source read
Days in this quarter: 55 (in force on the last day)

Section 1. Discrimination based on vaccination status or possession of immunity passport prohibited -- definitions. (1) Except as provided in subsection (2), it is an unlawful discriminatory practice for:... (b) an employer to refuse employment to a person, to bar a person from employment, or to [discriminate] against a person based on the person's vaccination status or whether the person has an immunity passport.

Enforcement: Montana Human Rights Act remedies

Citation: Montana Legislature (Governor Greg Gianforte signed), House Bill 702 (2021) (May 7, 2021) (Ex. SEC-01-081) Open the exhibit

Ex. SEC-01-001

Occupational Exposure to COVID-19; Emergency Temporary Standard (Healthcare), 29 C.F.R. part 1910, subpart U, 1910.502-1910.509

Occupational Exposure to COVID-19; Emergency Temporary Standard

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: IC infection control in every particular; ED screening and triage; IP AIIR and cohorting; SX aerosol-generating procedure limits; OC screening and barriers; HR training and medical removal; WF medical removal of exposed staff; OF administrative areas (only off-site billing excepted); SC PPE and respirator supply; VS non-employee screening
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)(iv) excepts only 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. (c) written COVID-19 plan; (d) patient screening and management; (f) PPE; (g) aerosol-generating procedures on suspected or confirmed patients limited to essential employees in an AIIR; (h) physical distancing; (i) barriers; (l) employee screening, notification, mandatory medical removal and medical removal protection benefits; (m) paid vaccination leave; (n) training; (q)-(r) COVID-19 log and reporting.

Enforcement: OSH Act 9 and 17 (29 U.S.C. 658, 666): citations and civil penalties; inspections under DIR 2021-02; anti-retaliation 1910.502(o)

Citation: Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard (Healthcare), 29 C.F.R. part 1910, subpart U, 1910.502-1910.509 (June 21, 2021) (Ex. SEC-01-001) Open the exhibit

Ex. SEC-01-002

Direction DIR 2021-02 (CPL 02)

Inspection Procedures for the COVID-19 Emergency Temporary Standard

OSHA, United States (Federal)

Dates: In force from June 28, 2021 to Dec. 27, 2021
Quarters: 2021 Q22021 Q3
Limitations: Health care ordersWorkplace rules
Functions reached: IC; HR; OF; WF
Grade: Primary source read
Days in this quarter: 3 (in force on the last day)

Establishes inspection procedures and enforcement policies for the COVID-19 Healthcare ETS, 29 CFR 1910.502 (purpose section).

Enforcement: Governs citation practice under OSH Act 9 and 17

Citation: OSHA, Direction DIR 2021-02 (CPL 02) (June 28, 2021) (Ex. SEC-01-002) Open the exhibit

Ex. SEC-01-084

Executive Order 05.25.21.01

Prohibiting Vaccine Passports (State agencies and providers of State services)

Governor Brian P. Kemp, Georgia (State)

Dates: In force from May 25, 2021 to Sept. 30, 2021
Quarters: 2021 Q22021 Q3
Limitations: Vaccination or testing
Functions reached: VS; HR (public hospital authorities)
Grade: Primary source read
Days in this quarter: 37 (in force on the last day)

[no State agency, service provider or State property shall require vaccine passports or proof of COVID-19 vaccination as a condition of entry or service; State data shall not be used for vaccine passports] (scanned PDF; described from the Governor's release)

Enforcement: Executive order binding State agencies

Citation: Governor Brian P. Kemp, Executive Order 05.25.21.01 (May 25, 2021) (Ex. SEC-01-084) Open the exhibit

Continuing in force from an earlier quarter of this report (14 instruments):

Exhibit	Citation	Dates	Limitations
Ex. SEC-01-139	Secretary / Acting Secretary of Health, Order of the Secretary Requiring Hospitals to Make Daily Reports of Specified Data Regarding Supplies and Equipment (Mar. 24, 2020), as amended July 10, 2020, Jan. 27, 2021 (SEC-01-094) and Aug. 13, 2021 (effective Aug. 18, 2021) (Ex. SEC-01-139)	In force from Mar. 24, 2020 to Sept. 30, 2021	Health care ordersWorkplace rules
Ex. SEC-01-004	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)	In force from Sept. 2, 2020 to May 11, 2023 (issued Aug. 25, 2020)	Health care ordersWorkplace rules
Ex. SEC-01-094	Secretary of Health (Department of Health), Amendment (Jan. 27, 2021) to the Order of the Secretary Requiring Hospitals to Make Daily Reports of Specified Data Regarding Supplies and Equipment (Mar. 24, 2020), as amended July 10, 2020 (Ex. SEC-01-094)	In force from Jan. 27, 2021 to Aug. 13, 2021	Health care ordersWorkplace rules
Ex. SEC-01-010	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)	In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 30, 2020)	Health care orders
Ex. SEC-01-006	CMS, Quality, Safety & Oversight Group, QSO-20-13-Hospitals-CAHs (REVISED) (Mar. 4, 2020) (Ex. SEC-01-006)	In force from Mar. 4, 2020 to May 1, 2023	Health care orders
Ex. SEC-01-067	Governor Tim Walz, Emergency Executive Order 20-51 (May 5, 2020) (Ex. SEC-01-067)	In force from May 10, 2020 to July 1, 2021 (issued May 5, 2020)	Health care orders
Ex. SEC-01-054	Governor Jay Inslee, Proclamation 20-24.1 (May 18, 2020) (Ex. SEC-01-054)	In force from May 18, 2020 to Oct. 31, 2022	Health care orders
Ex. SEC-01-072	Commissioner of Public Health, Order of the Commissioner of Public Health (May 18, 2020) (resumption of urgent elective invasive procedures by attested providers) (Ex. SEC-01-072)	In force from May 18, 2020 to June 15, 2021	Health care orders
Ex. SEC-01-093	Secretary of Health Rachel Levine (Department of Health), 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-01-093)	In force from Nov. 23, 2020 to June 10, 2021	Capacity limitHealth care orders
Ex. SEC-01-019	Secretary of HHS, Determination that a Public Health Emergency Exists (Jan. 31, 2020, effective Jan. 27, 2020) and renewals (Apr. 21, July 23, Oct. 2, 2020; Jan. 7, Apr. 15, July 19, Oct. 15, 2021) (Ex. SEC-01-019)	In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)	Emergency declaration
Ex. SEC-01-014	President, Executive Order 13909 (Mar. 18, 2020) (Ex. SEC-01-014)	In force from Mar. 18, 2020 to Sept. 30, 2021	Supply chain
Ex. SEC-01-015	President, Executive Order 13910 (Mar. 23, 2020) (Ex. SEC-01-015)	In force from Mar. 23, 2020 to Sept. 30, 2021	Supply chain
Ex. SEC-01-022	President, Executive Order 13911 (Mar. 27, 2020) (Ex. SEC-01-022)	In force from Mar. 27, 2020 to Sept. 30, 2021	Supply chain
Ex. SEC-01-013	FEMA, Department of Homeland Security, Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use, 44 C.F.R. part 328, 85 Fed. Reg. 20195 (Apr. 10, 2020) (Ex. SEC-01-013)	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-272

COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks

COVID-19 Workplace Safety: Agency Model Safety Principles (Issued July 29, 2021)

Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB, United States (all federal buildings and federal lands; federally hosted meetings) (Federal)

Dates: In force from July 29, 2021 to Sept. 13, 2021
Quarters: 2021 Q3
Limitations: Gathering capFace-covering requirementTravel and quarantineWorkplace rulesVaccination or testing
Functions reached: CS vendor, contractor and visitor entry to every federal building conditioned on vaccination status or testing from July 29, 2021; MK federally hosted meetings, conferences and events over 50 participants restricted; TR federal official travel for the unvaccinated limited to mission-critical trips; OF masks in federal buildings in areas of substantial or high transmission regardless of vaccination status (which by August 2021 was nearly the whole country)
Grade: Primary source read
Days in this quarter: 47

Federal agencies need to ask about the vaccination status of Federal employees and onsite contractors -- employees and onsite contractors must sign an attestation confirming their vaccination status, or they will be treated as not fully vaccinated for purposes of safety protocols.... Visitors must provide information on their vaccination status and comply with the requisite safety protocols.... [for employees and contractors] who are not fully vaccinated or who decline to provide information about their vaccination status, official domestic travel should be limited to only necessary mission-critical trips.... Should an agency intend to host an in-person meeting, conference, or event that will be attended by more than 50 participants -- regardless of whether participants include members of the public -- the agency must first seek the approval of its agency head, in consultation with the…

Enforcement: EO 13991 § 2; agency safety plans; attestation under penalty of administrative action (Certification of Vaccination form, Ex. FED-278)

Citation: 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) Open the exhibit

Ex. FED-278

Certification of Vaccination form (employees, onsite contractors and visitors), August 2021

Certification of Vaccination

Safer Federal Workforce Task Force (OMB control number 3206-0277), United States (federal buildings) (Federal)

Dates: In force from Aug. 6, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Workplace rulesVaccination or testing
Functions reached: CS visitor and vendor entry to federal buildings; PL onsite contractors
Grade: Primary source read
Days in this quarter: 56 (in force on the last day)

I am a visitor or I am an onsite contractor who is not enrolled in an agency's testing program... [a] contractor making a false statement on this form could result in additional administrative action, including removal from a contract.

Enforcement: administrative action; removal from contract; 18 U.S.C. § 1001 warning

Citation: 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) Open the exhibit

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 Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles

Ensuring Adequate COVID Safety Protocols for Federal Contractors, 86 Fed. Reg. 50985 (Sept. 14, 2021)

President Joseph R. Biden, Jr., United States (federal procurement contractors and subcontractors) (Federal)

Dates: In force from Sept. 9, 2021 to Dec. 7, 2021
Quarters: 2021 Q3
Limitations: Workplace rulesVaccination or testing
Functions reached: HR/WF vaccination status of contractor workforces (from Oct. 15, 2021); PL staffing placements on federal contracts; JS federal construction
Grade: Primary source read
Days in this quarter: 22 (in force on the last day)

Sec. 6. Effective Date. (a) Except as provided in subsection (b) of this section, this order is effective immediately and shall apply to new contracts; new contract-like instruments; new solicitations for contracts or contract-like instruments; extensions or renewals of existing contracts or contract-like instruments; and exercises of options on existing contracts or contract-like instruments, as described in section 5(a) of this order, where the relevant contract or contract-like instrument will be entered into, the relevant contract or contract-like instrument will be extended or renewed, or the relevant option will be exercised, on or after: (i) October 15, 2021

Enforcement: Contract clause (FAR deviation 52.223-99); Task Force Guidance of Sept. 24, 2021 (FED-B)

Citation: 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) Open the exhibit

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)

Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042

Office of Management and Budget (Acting Director Shalanda D. Young), United States (federal contractors and subcontractors) (Federal)

Dates: In force from Sept. 24, 2021 to Nov. 16, 2021
Quarters: 2021 Q3
Limitations: Workplace rulesVaccination or testing
Functions reached: HR; PL; OP
Grade: Primary source read
Days in this quarter: 7 (in force on the last day)

The Director of the Office of Management and Budget determines that compliance by Federal contractors and subcontractors with the COVID-19 workplace safety protocols detailed in the Safer Federal Workforce Task Force guidance issued on September 24, 2021 will improve economy and efficiency by reducing absenteeism and decreasing labor costs for contractors and subcontractors working on or in connection with a Federal Government contract. DATES: September 24, 2021.

Enforcement: triggers the contract clause requirement of EO 14042 § 2

Citation: 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) Open the exhibit

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 Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles

COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors

Safer Federal Workforce Task Force; approved by the Director of OMB, United States (covered federal contractors and subcontractors) (Federal)

Dates: In force from Oct. 15, 2021 to Dec. 7, 2021 (issued Sept. 24, 2021)
Quarters: 2021 Q3
Limitations: Face-covering requirementWorkplace rulesVaccination or testing
Functions reached: HR vaccination of covered contractor employees; PL staffing and service contractors at federal sites; OP contractor workplace masking and distancing; SC subcontractors performing services
Grade: Primary source read
Days in this quarter: 0

Enforcement: contract clause; OMB determination that compliance 'will improve economy and efficiency by reducing absenteeism and decreasing labor costs for contractors and subcontractors working on or in connection with a Federal Government contract'

Citation: 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) Open the exhibit

Ex. FED-300

General Order 21-0033

In re: Employee COVID-Vaccine Condition of Employment

Executive Committee and Restart Task Force of the Court (unanimous vote), United States District Court for the Northern District of Illinois (Court)

Dates: In force from Nov. 22, 2021 to Sept. 6, 2022 (issued Sept. 20, 2021)
Quarters: 2021 Q3
Limitations: Workplace rulesVaccination or testing
Functions reached: HR; PL contractors at the courthouse
Grade: Primary source read
Days in this quarter: 0

By unanimous vote of the Court's Executive Committee and its Restart Task Force, it is hereby ordered: 1. As of November 22, 2021, all employees and all contractors (including all law clerks, [and the staff of the Clerk's Office, Probation Office and] the Pretrial Services Office must be fully vaccinated against COVID-19, unless they have [an approved exemption]... Any person whose vaccine status has changed since August 2, 2021, must complete and return the Vaccine Attestation form on or before November 8, 2021.

Enforcement: condition of employment and of contract

Citation: Executive Committee and Restart Task Force of the Court (unanimous vote), General Order 21-0033 (Sept. 20, 2021) (Ex. FED-300) Open the exhibit

Continuing in force from an earlier quarter of this report (33 instruments):

Exhibit	Citation	Dates	Limitations
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-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-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-032	Centers for Disease Control and Prevention, HHS, Notice: Conditional Sailing Order Technical Instructions and Operations Manual (May 5, 2021) (Ex. FED-032)	In force from May 5, 2021 to Sept. 30, 2021	Capacity limitTravel and quarantineWorkplace rulesVaccination or testing
Ex. FED-297	Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (May 26, 2021) (Ex. FED-297)	In force from May 26, 2021 to Sept. 15, 2021	Courts and public officesWorkplace rulesVaccination or testing
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

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 Hospitals and Health Systems

Ex. SEC-01-058

State Public Health Officer Order of August 5, 2021 (Health Care Worker Vaccine Requirement)

Order of the State Public Health Officer: Health Care Worker Vaccine Requirement

State Public Health Officer (Tomas J. Aragon), CDPH, California (State)

Dates: In force from Aug. 5, 2021 to Dec. 22, 2021
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: HR; WF; IC; OF; CB
Grade: Primary source read
Days in this quarter: 57 (in force on the last day)

1. All workers who provide services or work in facilities described in subdivision (a) have their first dose of a one-dose regimen or their second dose of a two-dose regimen by September 30, 2021... 2. Workers may be exempt from the vaccination requirements under section (1) only upon providing the operator of the facility a declination form... [Religious Beliefs or Qualifying Medical Reasons]... Testing must occur twice weekly for unvaccinated exempt workers in acute health care and long-term care settings, and once weekly for such workers in other health care settings [and exempt workers must wear a NIOSH respirator or surgical mask at all times in the facility].

Enforcement: Health & Safety Code 120275, 120295; CDPH licensing (AFL 21-34)

Citation: State Public Health Officer (Tomas J. Aragon), CDPH, State Public Health Officer Order of August 5, 2021 (Health Care Worker Vaccine Requirement) (Aug. 5, 2021) (Ex. SEC-01-058) Open the exhibit

Ex. SEC-01-055

Proclamation 21-14

COVID-19 Vaccination Requirement (health care providers, health care settings, State agencies)

Governor Jay Inslee, Washington (State)

Dates: In force from Aug. 9, 2021 to Sept. 27, 2021
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: HR; WF; IC; OF (verification and exemption processing); CB
Grade: Primary source read
Days in this quarter: 50

I hereby prohibit... 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... 'Health Care Setting' [includes] Acute care facilities, including, but not limited to, hospitals; [if a facility provides health care] services, such as a hospital, then the entire facility is a Health Care Setting.

Enforcement: RCW 43.06.220(5) (gross misdemeanor); DOH licensure

Citation: Governor Jay Inslee, Proclamation 21-14 (Aug. 9, 2021) (Ex. SEC-01-055) Open the exhibit

Ex. SEC-01-059

State Public Health Officer Order of July 26, 2021 (Unvaccinated Workers in High-Risk Settings)

Order of the State Public Health Officer: Requirements for Unvaccinated Workers in High-Risk Settings (vaccine verification and testing)

State Public Health Officer, CDPH, California (State)

Dates: In force from Aug. 9, 2021; end: Superseded in acute care by the Aug. 5, 2021 order's vaccination requirement… (issued July 26, 2021)
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: HR; WF; IC; OF
Grade: Primary source read
Days in this quarter: 53 (in force on the last day)

II. All facilities identified in this Order must verify vaccine status of all workers... facilities shall provide all unvaccinated or incompletely vaccinated workers with FDA-cleared [respirators and require testing at least weekly (twice weekly in acute health care and long-term care)]... VIII. This Order shall take effect on August 9, 2021, at 12:01 am. Facilities must be in full compliance with the Order by August 23, 2021.

Enforcement: Health & Safety Code 120275, 120295

Citation: State Public Health Officer, CDPH, State Public Health Officer Order of July 26, 2021 (Unvaccinated Workers in High-Risk Settings) (Ex. SEC-01-059) Open the exhibit

Ex. SEC-01-097

10-144 C.M.R. ch. 264, Immunization Requirements for Healthcare Workers (emergency rule adopted Aug. 12, 2021)

Emergency Rule: Immunization Requirements for Healthcare Workers (adding COVID-19)

Maine Department of Health and Human Services and Maine CDC, Maine (State)

Dates: In force from Aug. 12, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: HR; WF; IC; OF
Grade: Confirmed from a secondary source
Days in this quarter: 50 (in force on the last day)

[adds COVID-19 to the immunizations required of employees of designated healthcare facilities under Code Me. R. tit. 10-144, ch. 264, 2-3, with no religious or philosophical exemption (removed by 2019 legislation); compliance date Oct. 1, 2021; enforcement Oct. 29, 2021] (described from the First Circuit's opinion, SEC-01-111)

Enforcement: 22 M.R.S. 802 licensure; facilities barred from employing non-compliant workers

Citation: Maine Department of Health and Human Services and Maine CDC, 10-144 C.M.R. ch. 264, Immunization Requirements for Healthcare Workers (emergency rule adopted Aug. 12, 2021) (Ex. SEC-01-097)

Ex. SEC-01-141

Emergency Regulation Governing the Control and Prevention of COVID-19 Mandating Vaccines for Healthcare Workers and in Higher Education, Healthcare, and Related Settings (adopted Aug. 12, 2021; effective Aug. 16, 2021)

Philadelphia health care worker vaccination regulation

Philadelphia Board of Health / Department of Public Health, Philadelphia, Pennsylvania (City)

Dates: In force from Aug. 16, 2021 to Sept. 30, 2021 (issued Aug. 12, 2021)
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: HR; WF; IC; OF
Grade: Confirmed from a secondary source
Days in this quarter: 46 (in force on the last day)

Corrections (d))

Enforcement: Health Code 6-200 penalties

Citation: Philadelphia Board of Health / Department of Public Health, Emergency Regulation Governing the Control and Prevention of COVID-19 Mandating Vaccines for Healthcare Workers and in Higher Education, Healthcare, and Related Settings (adopted Aug. 12, 2021; effective Aug. 16, 2021) (Ex. SEC-01-141)

Ex. SEC-01-085

216-RICR-20-15-8 (emergency regulation)

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 (Director Nicole Alexander-Scott), 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; IC; OF
Grade: Primary source read
Days in this quarter: 45 (in force on the last day)

Effective 08/17/2021 to 12/14/2021. This regulation is being promulgated to require all health care workers and health care providers to be immunized against COVID-19 by October 1, 2021.

Enforcement: R.I. Gen. Laws 23-17 licensure; provider licensing boards

Citation: Rhode Island Department of Health (Director Nicole Alexander-Scott), 216-RICR-20-15-8 (emergency regulation) (Aug. 17, 2021) (Ex. SEC-01-085) Open the exhibit

Ex. SEC-01-070

10 NYCRR 2.61 (emergency regulation adopted Aug. 26, 2021)

Prevention of COVID-19 Transmission by Covered Entities

Public Health and Health Planning Council and Commissioner of Health (Department of Health), New York (State)

Dates: In force from Aug. 26, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: HR; WF; IC; OF; CB
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 as allowed below. Documentation of such vaccination shall be made in personnel records... (1) 'Covered entities'... shall include: [any facility or institution included in the definition of hospital in section] 2801 of the Public Health Law, including but not limited to general hospitals... (2) 'Personnel'... shall mean all persons employed or affiliated with a covered entity, whether paid or unpaid.

Enforcement: Public Health Law 12 (civil penalties), 2806 (licensure); DOH surveys

Citation: Public Health and Health Planning Council and Commissioner of Health (Department of Health), 10 NYCRR 2.61 (emergency regulation adopted Aug. 26, 2021) (Ex. SEC-01-070) Open the exhibit

Ex. SEC-01-078

Executive Order 2021-20

COVID-19 Executive Order No. 87 (statewide indoor masking; vaccination requirements for health care workers, school personnel and higher education)

Governor JB Pritzker, Illinois (State)

Dates: In force from Aug. 30, 2021 to Sept. 30, 2021 (issued Aug. 26, 2021)
Quarters: 2021 Q3
Limitations: Face-covering requirementHealth care ordersWorkplace rulesVaccination or testing
Functions reached: HR; WF; IC; OF; VS (indoor masking of visitors)
Grade: Primary source read
Days in this quarter: 32 (in force on the last day)

Section 2: Vaccination Requirements for Health Care Workers. 1. 'Health Care Worker' means any person who (1) is employed by, volunteers for, or is contracted to provide services for a Health Care Facility... 2. All Health Care Workers must have, at a minimum, the first dose of a two-dose COVID-19 vaccine series [by September 5, 2021] and be fully vaccinated... within 30 days following administration of their first dose... Health Care Workers who are not fully vaccinated against COVID-19 must be tested for COVID-19 weekly, at a minimum.

Enforcement: 20 ILCS 3305/7; IDPH licensure

Citation: Governor JB Pritzker, Executive Order 2021-20 (Aug. 26, 2021) (Ex. SEC-01-078) Open the exhibit

Ex. SEC-01-079

Executive Order 2021-22

COVID-19 Executive Order No. 89 (amending EO 2021-20: vaccination and testing requirements for health care workers; deadline extended to Sept. 19, 2021)

Governor JB Pritzker, Illinois (State)

Dates: In force from Sept. 3, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: HR; WF; IC
Grade: Primary source read
Days in this quarter: 28 (in force on the last day)

Section 2: Vaccination and Testing Requirements for Health Care Workers. i. 'Health Care Worker' means any person who (1) is employed by, volunteers for, or is contracted to provide services for a Health Care Facility... [first dose by September 19, 2021; weekly testing for the unvaccinated]

Enforcement: 20 ILCS 3305/7

Citation: Governor JB Pritzker, Executive Order 2021-22 (Sept. 3, 2021) (Ex. SEC-01-079) Open the exhibit

Ex. SEC-01-044

Executive Order No. 252 (2021)

COVID-19 vaccination or testing requirement for covered workers in health care facilities and high-risk congregate settings

Governor Philip D. Murphy, New Jersey (State)

Dates: In force from Sept. 7, 2021 to Jan. 19, 2022 (issued Aug. 6, 2021)
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: HR; WF; IC; OF
Grade: Primary source read
Days in this quarter: 24 (in force on the last day)

('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... 3. To satisfy the testing requirement, a covered worker must undergo screening testing at minimum one to two times each week.

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

Citation: Governor Philip D. Murphy, Executive Order No. 252 (2021) (Aug. 6, 2021) (Ex. SEC-01-044) Open the exhibit

Ex. SEC-01-135

Emergency Secretary's Orders adding COVID-19 testing, vaccination-status and work-exclusion requirements for all staff, vendors and volunteers of DHCQ-regulated facilities, effective Sept. 30, 2021 (16 DE Admin. Code 3201, 3225, 3220, 3230, 4406, 4407 and others)

Emergency Secretary's Orders: COVID-19 vaccination or testing of health care facility staff

Secretary of Health and Social Services (Division of Health Care Quality), Delaware (State)

Dates: In force from Sept. 30, 2021 to Sept. 30, 2021 (issued Aug. 12, 2021)
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: HR; WF; IC
Grade: Confirmed from a secondary source
Days in this quarter: 1 (in force on the last day)

[staff must be fully vaccinated or tested weekly; unvaccinated staff excluded from work absent testing] (bundled 03_research_other_states_nj_de.json entry; text of the hospital regulation not read)

Enforcement: 16 Del. C. 122; licensure

Citation: Secretary of Health and Social Services (Division of Health Care Quality), Emergency Secretary's Orders adding COVID-19 testing, vaccination-status and work-exclusion requirements for all staff, vendors and volunteers of DHCQ-regulated facilities, effective Sept. 30, 2021 (16 DE Admin. Code 3201, 3225, 3220, 3230, 4406, 4407 and others) (Aug. 12, 2021) (Ex. SEC-01-135)

Ex. SEC-01-003

Direction DIR 2021-03 (CPL 03)

Revised National Emphasis Program - Coronavirus Disease 2019 (COVID-19)

OSHA, United States (Federal)

Dates: In force from July 7, 2021 to July 7, 2022
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rules
Functions reached: IC; HR; OF; WF
Grade: Primary source read
Days in this quarter: 86 (in force on the last day)

Appendix A: Target Industries for the COVID-19 NEP... comprised of healthcare industries and the non-healthcare sectors most affected; This Direction is effective for no more than 12 months from the effective date.

Enforcement: Programmed, unannounced inspections enforcing 1910.502 and the general duty clause

Citation: OSHA, Direction DIR 2021-03 (CPL 03) (July 7, 2021) (Ex. SEC-01-003) Open the exhibit

Ex. SEC-01-060

State Public Health Officer Order of August 5, 2021 (Requirements for Visitors in Acute Health Care and Long-Term Care Settings)

Order of the State Public Health Officer: Requirements for Visitors in Acute Health Care and Long-Term Care Settings

State Public Health Officer, CDPH, California (State)

Dates: In force from Aug. 11, 2021 to Sept. 15, 2022 (issued Aug. 5, 2021)
Quarters: 2021 Q3
Limitations: Health care ordersVaccination or testingOther
Functions reached: VS visitor screening and verification; OF tracking plan; CB; IC
Grade: Primary source read
Days in this quarter: 51 (in force on the last day)

II. The Order applies only to indoor visitation in facilities identified in this Order. Indoor visitation shall be permitted only in accordance with this Order. A. The facilities identified in this Order must either: (1) verify visitors are fully vaccinated, or (2) for unvaccinated or incompletely vaccinated visitors, verify documentation of a negative SARS-CoV-2 test... C. Unvaccinated or partially vaccinated visitors are eligible for indoor visits only if they can show documentation of a negative SARS-CoV-2 test where the specimen collection occurred within 72 hours before each visit... D. Facilities must have a plan in place for tracking verified visitor vaccination status.

Enforcement: Health & Safety Code 120275, 120295

Citation: State Public Health Officer, CDPH, State Public Health Officer Order of August 5, 2021 (Requirements for Visitors in Acute Health Care and Long-Term Care Settings) (Aug. 5, 2021) (Ex. SEC-01-060) Open the exhibit

Ex. SEC-01-056

Proclamation 21-14.1

COVID-19 Vaccination Requirement - Amendment (adds educational settings; clarifies health care provisions)

Governor Jay Inslee, Washington (State)

Dates: In force from Aug. 20, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Workplace rulesVaccination or testing
Functions reached: HR; WF; IC
Grade: Primary source read
Days in this quarter: 42 (in force on the last day)

Signed and sealed... on this 20th day of August, [2021]... [continues the October 18, 2021 deadline for Health Care Providers and Workers for State Agencies; extends the requirement to educational settings]

Enforcement: RCW 43.06.220(5)

Citation: Governor Jay Inslee, Proclamation 21-14.1 (Aug. 20, 2021) (Ex. SEC-01-056) Open the exhibit

Ex. SEC-01-110

OAR 333-019-1011 (temporary rule filed Aug. 20, 2021; permanent Jan. 31, 2022)

Masking Requirements to Control COVID-19 in Health Care Settings

Oregon Health Authority, Public Health Division, Oregon (State)

Dates: In force from Aug. 20, 2021 to Jan. 31, 2022
Quarters: 2021 Q3
Limitations: Face-covering requirementHealth care ordersWorkplace rules
Functions reached: IC; VS; ED; OC; OF
Grade: Primary source read
Days in this quarter: 42 (in force on the last day)

Enforcement: ORS 431A.010, 433.441; OHA civil penalties

Citation: Oregon Health Authority, Public Health Division, OAR 333-019-1011 (temporary rule filed Aug. 20, 2021; permanent Jan. 31, 2022) (Ex. SEC-01-110) Open the exhibit

Ex. SEC-01-016

Executive Order 14042

Ensuring Adequate COVID Safety Protocols for Federal Contractors, 86 Fed. Reg. 50985

President, United States (Federal)

Dates: In force from Sept. 9, 2021 to Dec. 7, 2021
Quarters: 2021 Q3
Limitations: Workplace rulesVaccination or testing
Functions reached: HR; WF; IC; OF
Grade: Primary source read
Days in this quarter: 22 (in force on the last day)

Sec. 2... include a clause that the contractor and any subcontractors (at any tier) shall incorporate into lower-tier subcontracts. This clause shall specify that the contractor or subcontractor shall, for the duration of the contract, comply with all guidance for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force.

Enforcement: Contract clause

Citation: President, Executive Order 14042 (Sept. 9, 2021) (Ex. SEC-01-016) Open the exhibit

Ex. SEC-01-109

Proclamation 21-14.2

COVID-19 Vaccination Requirement - Amendment (Sept. 27, 2021)

Governor Jay Inslee, Washington (State)

Dates: In force from Sept. 27, 2021 to Oct. 31, 2022
Quarters: 2021 Q3
Limitations: Workplace rulesVaccination or testing
Functions reached: HR; WF; IC
Grade: Primary source read
Days in this quarter: 4 (in force on the last day)

Signed and sealed... on this 27th day of [September 2021]... [continues the Oct. 18, 2021 vaccination requirement for Health Care Providers and clarifies exemptions and accommodations]

Enforcement: RCW 43.06.220(5)

Citation: Governor Jay Inslee, Proclamation 21-14.2 (Sept. 27, 2021) (Ex. SEC-01-109) Open the exhibit

Ex. SEC-01-082

Senate Bill 2006 (2021), creating Fla. Stat. 381.00316

Emergency Management (COVID-19 vaccine documentation prohibited for patrons and customers; emergency-powers limits)

Florida Legislature (Governor DeSantis signed May 3, 2021), Florida (State)

Dates: In force from July 1, 2021 to Nov. 18, 2021 (issued May 3, 2021)
Quarters: 2021 Q3
Limitations: Vaccination or testingOther
Functions reached: VS (visitor and patient vaccination documentation barred); CB; OF
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

creating s. 381.00316, F.S.; prohibiting a business entity from requiring patrons or customers to provide documentation certifying COVID-19 vaccination or post-infection recovery to gain access to, entry upon, or service from the business... [governmental entities likewise; $5,000 per violation]

Enforcement: Fla. Stat. 381.00316(4): fines up to $5,000 per violation (Department of Health)

Citation: Florida Legislature (Governor DeSantis signed May 3, 2021), Senate Bill 2006 (2021), creating Fla. Stat. 381.00316 (May 3, 2021) (Ex. SEC-01-082) Open the exhibit

Ex. SEC-01-083

Act 977 of 2021 (HB 1547)

An Act to Prohibit the State from Mandating a Vaccine or Immunization for Coronavirus 2019 (COVID-19)

Arkansas General Assembly (Act 977 of 2021), Arkansas (State)

Dates: In force from July 28, 2021 to Sept. 30, 2021 (issued Apr. 28, 2021)
Quarters: 2021 Q3
Limitations: Vaccination or testing
Functions reached: HR (public hospitals); VS; CB
Grade: Primary source read
Days in this quarter: 65 (in force on the last day)

20-7-142. Prohibition on requirement for vaccine or immunization for [COVID-19]... [the state, a state agency or entity, a political subdivision, or a state or local official shall not mandate or require an individual to receive a vaccine or immunization for COVID-19 as a condition of employment, education, entry or services]

Enforcement: Statutory prohibition

Citation: Arkansas General Assembly (Act 977 of 2021), Act 977 of 2021 (HB 1547) (Apr. 28, 2021) (Ex. SEC-01-083) Open the exhibit

Ex. SEC-01-051

Executive Order GA-38

Relating to the continued response to the COVID-19 disaster (no governmental vaccine mandates; face-covering rules)

Governor Greg Abbott, Texas (State)

Dates: In force from July 29, 2021 to Aug. 25, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementVaccination or testingOther
Functions reached: HR (public hospitals barred from staff vaccination mandates); IC (masking allowed in hospitals); WF
Grade: Primary source read
Days in this quarter: 28

[no governmental entity may compel any individual to receive a COVID-19 vaccine administered under an emergency use authorization]... [face-covering prohibition on governmental entities does not apply to] state supported living centers, government-owned hospitals, and [other listed facilities]

Enforcement: Tex. Gov't Code 418.173 (fines up to $1,000 for local officials imposing mask mandates)

Citation: Governor Greg Abbott, Executive Order GA-38 (July 29, 2021) (Ex. SEC-01-051) Open the exhibit

Ex. SEC-01-075

Executive Order No. 83

An Order to Facilitate the Treatment and Prevention of COVID-19 (hospital capacity and licensure flexibilities)

Governor Bill Lee, Tennessee (State)

Dates: In force from Aug. 6, 2021 to Oct. 5, 2021
Quarters: 2021 Q3
Limitations: Health care ordersOther
Functions reached: IP surge capacity; HR out-of-state credentialing; OF; WF
Grade: Primary source read
Days in this quarter: 56 (in force on the last day)

WHEREAS, hospitalizations are increasing as COVID-19 variants continue to increase... [licensure and inspection rules] are hereby suspended to the extent necessary to give the Commissioner of Health the discretion to allow a health care professional who is licensed in another state... to practice... [rules] are hereby suspended to the extent necessary to give a health care institution licensed under Title 33 or 68, or an affiliate of the institution, [flexibility to add capacity]... in effect until 11:59 p.m., Central Time, on October 5, 2021.

Enforcement: Executive order suspending regulatory requirements

Citation: Governor Bill Lee, Executive Order No. 83 (Aug. 6, 2021) (Ex. SEC-01-075) Open the exhibit

Ex. SEC-01-020

CMS press release, Biden-Harris Administration Takes Additional Action to Protect America's Nursing Home Residents from COVID-19

Announcement of emergency regulation requiring nursing home staff vaccination

CMS, United States (Federal)

Dates: In force from Aug. 18, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Vaccination or testing
Functions reached: CB discharge counterparties; HR
Grade: Primary source read
Days in this quarter: 44 (in force on the last day)

Enforcement: Context

Citation: CMS, CMS press release, Biden-Harris Administration Takes Additional Action to Protect America's Nursing Home Residents from COVID-19 (Aug. 18, 2021) (Ex. SEC-01-020) Open the exhibit

Ex. SEC-01-052

Executive Order GA-39

Relating to prohibiting vaccine mandates and vaccine passports

Governor Greg Abbott, Texas (State)

Dates: In force from Aug. 25, 2021 to Oct. 11, 2021
Quarters: 2021 Q3
Limitations: Vaccination or testing
Functions reached: HR; VS (proof-of-vaccination conditions barred); CB
Grade: Primary source read
Days in this quarter: 37 (in force on the last day)

Relating to prohibiting vaccine mandates and vaccine passports... prohibiting vaccine mandates from governmental entities and by prohibiting 'vaccine passports'... [extended to vaccines with full FDA approval]

Enforcement: Tex. Gov't Code 418.173

Citation: Governor Greg Abbott, Executive Order GA-39 (Aug. 25, 2021) (Ex. SEC-01-052) Open the exhibit

Ex. SEC-01-100

Activation of Crisis Standards of Care in the Panhandle and North Central Health Districts (news release)

Idaho activates Crisis Standards of Care in North Idaho due to surge in COVID-19 patients requiring hospitalization

Idaho Department of Health and Welfare (Director Dave Jeppesen), Idaho (State)

Dates: In force from Sept. 6, 2021 to Sept. 16, 2021 (issued Sept. 7, 2021)
Quarters: 2021 Q3
Limitations: Capacity limitHealth care orders
Functions reached: IP triage and surge; SX deferral; ED; HR; OF
Grade: Primary source read
Days in this quarter: 11

The Idaho Department of Health and Welfare (DHW) has activated Crisis Standards of Care (CSC) in accordance with IDAPA 16.02.09 - Crisis Standards of Care For Healthcare Entities. CSC is activated in the Panhandle Health District and the North [Central Health District]... Kootenai Health in Coeur d'Alene requested that CSC be activated. The CSC Activation Advisory Committee convened virtually on Sept. 6 and recommended that CSC be activated... hospitals will implement as needed and according to their own CSC policies.

Enforcement: Administrative rule activation altering the standard of care and liability framework; hospitals reallocate ICU, staffing and elective capacity

Citation: Idaho Department of Health and Welfare (Director Dave Jeppesen), Activation of Crisis Standards of Care in the Panhandle and North Central Health Districts (news release) (Sept. 7, 2021) (Ex. SEC-01-100) Open the exhibit

Ex. SEC-01-101

Statewide activation of Crisis Standards of Care (news release Sept. 16, 2021)

Crisis Standards of Care activated statewide due to surge in COVID-19 patients requiring hospitalization

Idaho Department of Health and Welfare, Idaho (State)

Dates: In force from Sept. 16, 2021 to Nov. 22, 2021
Quarters: 2021 Q3
Limitations: Capacity limitHealth care orders
Functions reached: IP; SX; ED; HR
Grade: Confirmed from a secondary source
Days in this quarter: 15 (in force on the last day)

Citation: Idaho Department of Health and Welfare, Statewide activation of Crisis Standards of Care (news release Sept. 16, 2021) (Ex. SEC-01-101)

Ex. SEC-01-011

Renewal of Determination that a Public Health Emergency Exists (July 19, 2021, effective July 20, 2021)

Renewal of Determination That A Public Health Emergency Exists

Secretary of HHS, United States (Federal)

Dates: In force from July 20, 2021 to Oct. 18, 2021 (issued July 19, 2021)
Quarters: 2021 Q3
Limitations: Emergency declaration
Functions reached: IP; OF; CB
Grade: Confirmed from a secondary source
Days in this quarter: 73 (in force on the last day)

Citation: Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (July 19, 2021, effective July 20, 2021) (Ex. SEC-01-011)

Continuing in force from an earlier quarter of this report (14 instruments):

Exhibit	Citation	Dates	Limitations
Ex. SEC-01-139	Secretary / Acting Secretary of Health, Order of the Secretary Requiring Hospitals to Make Daily Reports of Specified Data Regarding Supplies and Equipment (Mar. 24, 2020), as amended July 10, 2020, Jan. 27, 2021 (SEC-01-094) and Aug. 13, 2021 (effective Aug. 18, 2021) (Ex. SEC-01-139)	In force from Mar. 24, 2020 to Sept. 30, 2021	Health care ordersWorkplace rules
Ex. SEC-01-004	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)	In force from Sept. 2, 2020 to May 11, 2023 (issued Aug. 25, 2020)	Health care ordersWorkplace rules
Ex. SEC-01-094	Secretary of Health (Department of Health), Amendment (Jan. 27, 2021) to the Order of the Secretary Requiring Hospitals to Make Daily Reports of Specified Data Regarding Supplies and Equipment (Mar. 24, 2020), as amended July 10, 2020 (Ex. SEC-01-094)	In force from Jan. 27, 2021 to Aug. 13, 2021	Health care ordersWorkplace rules
Ex. SEC-01-081	Montana Legislature (Governor Greg Gianforte signed), House Bill 702 (2021) (May 7, 2021) (Ex. SEC-01-081)	In force from May 7, 2021 to Dec. 9, 2022	Workplace rulesVaccination or testingOther
Ex. SEC-01-001	Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard (Healthcare), 29 C.F.R. part 1910, subpart U, 1910.502-1910.509 (June 21, 2021) (Ex. SEC-01-001)	In force from June 21, 2021 to Dec. 27, 2021	Face-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Ex. SEC-01-002	OSHA, Direction DIR 2021-02 (CPL 02) (June 28, 2021) (Ex. SEC-01-002)	In force from June 28, 2021 to Dec. 27, 2021	Health care ordersWorkplace rules
Ex. SEC-01-010	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)	In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 30, 2020)	Health care orders
Ex. SEC-01-006	CMS, Quality, Safety & Oversight Group, QSO-20-13-Hospitals-CAHs (REVISED) (Mar. 4, 2020) (Ex. SEC-01-006)	In force from Mar. 4, 2020 to May 1, 2023	Health care orders
Ex. SEC-01-054	Governor Jay Inslee, Proclamation 20-24.1 (May 18, 2020) (Ex. SEC-01-054)	In force from May 18, 2020 to Oct. 31, 2022	Health care orders
Ex. SEC-01-084	Governor Brian P. Kemp, Executive Order 05.25.21.01 (May 25, 2021) (Ex. SEC-01-084)	In force from May 25, 2021 to Sept. 30, 2021	Vaccination or testing
Ex. SEC-01-019	Secretary of HHS, Determination that a Public Health Emergency Exists (Jan. 31, 2020, effective Jan. 27, 2020) and renewals (Apr. 21, July 23, Oct. 2, 2020; Jan. 7, Apr. 15, July 19, Oct. 15, 2021) (Ex. SEC-01-019)	In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)	Emergency declaration
Ex. SEC-01-014	President, Executive Order 13909 (Mar. 18, 2020) (Ex. SEC-01-014)	In force from Mar. 18, 2020 to Sept. 30, 2021	Supply chain
Ex. SEC-01-015	President, Executive Order 13910 (Mar. 23, 2020) (Ex. SEC-01-015)	In force from Mar. 23, 2020 to Sept. 30, 2021	Supply chain
Ex. SEC-01-022	President, Executive Order 13911 (Mar. 27, 2020) (Ex. SEC-01-022)	In force from Mar. 27, 2020 to Sept. 30, 2021	Supply chain

Third quarter of 2021: the instruments in force, Hospitals and Health Systems (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-01-001
SEC-01-002
SEC-01-003
SEC-01-004
SEC-01-010
SEC-01-016
SEC-01-044
SEC-01-051
SEC-01-052
SEC-01-055
SEC-01-056
SEC-01-058
SEC-01-059
SEC-01-060
SEC-01-070
SEC-01-075
SEC-01-078
SEC-01-079
SEC-01-081
SEC-01-082
SEC-01-083
SEC-01-084
SEC-01-085
SEC-01-100
SEC-01-101 (Sept. 16, 2021 statewide activation; secondary)
SEC-01-109 (Sept. 27, 2021)
SEC-01-110 (OR OAR 333-019-1011; secondary)
SEC-01-112 (NM PHO Aug. 17, 2021; secondary)
SEC-01-115 (CO Board of Health emergency rule Aug. 30, 2021; secondary)
SEC-01-117 (DC Mayor's Order 2021-099; secondary)
SEC-01-123 (MD Aug. 18, 2021; secondary)
SEC-01-129 (OR OAR 333-019-1010; secondary)
SEC-01-135 (DE DHSS orders eff. Sept. 30, 2021; secondary)
SEC-01-139
SEC-01-141 (Philadelphia Bd. of Health HCW regulation Aug. 16, 2021; metro exhibit)
SEC-01-017 and SEC-01-020 (CMS announcements; context)
HHS PHE renewal July 19, 2021 (FED-A)
CDC conveyance mask order and TSA directives (FED-A)

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/hospitals.

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. 4, 2020	CMS (State survey agencies and accrediting organizations); The Joint Commission	Accreditation and certification surveys (on-site surveyor teams)	CMS QSO-20-12: survey prioritization 'to focus on the most serious health and safety threats' (text read).	Ex. SEC-01-GM-042
Mar. 4, 2020	CMS (State survey agencies and accrediting organizations); The Joint Commission	Accreditation and certification surveys (on-site surveyor teams)	CMS QSO-20-12: survey prioritization 'to focus on the most serious health and safety threats' (text read).	Ex. SEC-01-GM-043
Mar. 9, 2020	American College of Cardiology with the World Heart Federation	ACC.20 Together With World Congress of Cardiology (ACC.20/WCC)	'The American College of Cardiology has made the difficult and unprecedented decision to cancel the ACC's Scientific Session Together with World Congress of Cardiology (ACC.20/WCC) scheduled to take place March 28-30, 2020 in Chicago.' The release cites the College's monitoring of CDC and WHO guidance and 'the…	Ex. SEC-01-GM-004
Mar. 9, 2020	American College of Cardiology with the World Heart Federation	ACC.20 Together With World Congress of Cardiology (ACC.20/WCC)	'The American College of Cardiology has made the difficult and unprecedented decision to cancel the ACC's Scientific Session Together with World Congress of Cardiology (ACC.20/WCC) scheduled to take place March 28-30, 2020 in Chicago.' The release cites the College's monitoring of CDC and WHO guidance and 'the…	Ex. SEC-01-GM-061
Mar. 10, 2020	American College of Physicians (159,000 members)	ACP Internal Medicine Meeting 2020	'ACP's decision is based on recent reports from the World Health Organization (WHO) and the Centers for Disease Control and Prevention (CDC) of rapidly escalating concerns about the Coronavirus Disease 2019 (COVID-19)'; the College cited its responsibility for 'the safety of its meeting participants by modeling social…	Ex. SEC-01-GM-062
Mar. 12, 2020	American Organization for Nursing Leadership (an AHA affiliate)	AONL 2020 Annual Conference	'In light of the latest COVID-19 developments and the unprecedented and still growing demand for nursing leadership at this time, AONL has made the difficult but necessary decision to cancel the AONL 2020 conference. Our nursing leaders must remain on site in their roles.'	Ex. SEC-01-GM-019
Mar. 12, 2020	American Organization for Nursing Leadership (an AHA affiliate)	AONL 2020 Annual Conference	'In light of the latest COVID-19 developments and the unprecedented and still growing demand for nursing leadership at this time, AONL has made the difficult but necessary decision to cancel the AONL 2020 conference. Our nursing leaders must remain on site in their roles.'	Ex. SEC-01-GM-070
Mar. 12, 2020	American Organization for Nursing Leadership (an AHA affiliate)	AONL 2020 Annual Conference	'In light of the latest COVID-19 developments and the unprecedented and still growing demand for nursing leadership at this time, AONL has made the difficult but necessary decision to cancel the AONL 2020 conference. Our nursing leaders must remain on site in their roles.'	Ex. SEC-01-GM-071
Mar. 16, 2020	American Hospital Association	AHA Annual Membership Meeting 2020	'In light of the latest COVID-19 developments and CDC recommendations, the American Hospital Association (AHA) has cancelled its Annual Meeting, scheduled for April 19-21 in Washington, D.C., and all affiliated events. During this unprecedented time, we recognize that hospital and health system leaders must remain…	Ex. SEC-01-GM-002
Apr. 3, 2020	Becker's Healthcare	Becker's Hospital Review 11th Annual Meeting	'Due to the COVID-19 situation, we are canceling the Becker's Hospital Review Annual Meeting scheduled for April 6-9th, 2020. Please join us for next year's Annual Meeting being held April 5-8, 2021.'	Ex. SEC-01-GM-022
May 1, 2020	American Hospital Association	AHA Leadership Summit 2020 and 2021	AHA Leadership Summit 2020 and 2021	Ex. SEC-01-GM-046
May 1, 2020	American Hospital Association	AHA Leadership Summit 2020 and 2021	AHA Leadership Summit 2020 and 2021	Ex. SEC-01-GM-055
May 11, 2020	Coalition for Physician Accountability (AAMC, ACGME, AMA, ECFMG, NRMP and others); emergency medicine: ACEP, AAEM, SAEM, CORD, CDEM, EMRA and others	Residency and fellowship interview seasons 2020-21 and 2021-22 (the industry's hiring pipeline)	'The COVID-19 pandemic has disrupted clinical education in all U.S. medical schools... As Emergency Departments are primary sites for COVID-related care, the capacity of teaching hospitals to provide safe and appropriate EM experiences for students has been severely limited. Public health considerations have led to…	Ex. SEC-01-GM-039
May 11, 2020	Coalition for Physician Accountability (AAMC, ACGME, AMA, ECFMG, NRMP and others); emergency medicine: ACEP, AAEM, SAEM, CORD, CDEM, EMRA and others	Residency and fellowship interview seasons 2020-21 and 2021-22 (the industry's hiring pipeline)	'The COVID-19 pandemic has disrupted clinical education in all U.S. medical schools... As Emergency Departments are primary sites for COVID-related care, the capacity of teaching hospitals to provide safe and appropriate EM experiences for students has been severely limited. Public health considerations have led to…	Ex. SEC-01-GM-066
May 11, 2020	Coalition for Physician Accountability (AAMC, ACGME, AMA, ECFMG, NRMP and others); emergency medicine: ACEP, AAEM, SAEM, CORD, CDEM, EMRA and others	Residency and fellowship interview seasons 2020-21 and 2021-22 (the industry's hiring pipeline)	'The COVID-19 pandemic has disrupted clinical education in all U.S. medical schools... As Emergency Departments are primary sites for COVID-related care, the capacity of teaching hospitals to provide safe and appropriate EM experiences for students has been severely limited. Public health considerations have led to…	Ex. SEC-01-GM-069
May 26, 2020	USMLE program (NBME and FSMB)	USMLE Step 2 Clinical Skills examination (physician licensing)	USMLE Step 2 Clinical Skills examination (physician licensing)	Ex. SEC-01-GM-040
Aug. 1, 2020	Radiological Society of North America	RSNA 2020 Scientific Assembly and Annual Meeting (106th)	RSNA News (Aug. 18, 2020) describes 'RSNA 2020, the Society's 106th Scientific Assembly and Annual Meeting, held as an all-virtual event, Nov. 29-Dec. 5, 2020' and a virtual exhibition for exhibitors 'unable to travel to the physical meeting.'	Ex. SEC-01-GM-074
Aug. 11, 2020	American Academy of Pediatrics	AAP National Conference and Exhibition 2020	'Welcome to the 2020 AAP Virtual National Conference & Exhibition... Registration is now open for the first-ever Virtual National Conference taking place October 2-5.' 'With the need for versatile virtual learning, we have designed a flexible and diverse education program that includes both live and on-demand…	Ex. SEC-01-GM-031
Jan. 1, 2021	American College of Surgeons	ACS Clinical Congress 2020	'The American College of Surgeons (ACS) leadership decided to provide the virtual meeting at no cost given the financial impact the coronavirus 2019 (COVID-19) pandemic has had on surgical practices.'	Ex. SEC-01-GM-067
Jan. 15, 2021	California Hospital Association	California Hospital Volunteer Leadership Conference 2021 (hospital volunteer and auxiliary programs as a class)	California Hospital Volunteer Leadership Conference 2021 (hospital volunteer and auxiliary programs as a class)	Ex. SEC-01-GM-072
Jan. 15, 2021	National Association of EMS Physicians	NAEMSP Annual Meeting 2021	NAEMSP Annual Meeting 2021	Ex. SEC-01-GM-076
Feb. 1, 2021	National Rural Health Association	NRHA Rural Health Policy Institute (32nd) and Annual Rural Health Conference	NRHA Rural Health Policy Institute (32nd) and Annual Rural Health Conference	Ex. SEC-01-GM-073
Aug. 1, 2021	American College of Surgeons	ACS Leadership and Advocacy Summit 2020 and 2021	ACS Leadership and Advocacy Summit 2020 and 2021	Ex. SEC-01-GM-078
Aug. 14, 2021	Emergency Nurses Association (about 40,000 members)	Emergency Nursing 2020 and Emergency Nursing 2021	Emergency Nursing 2020 and Emergency Nursing 2021	Ex. SEC-01-GM-065
Sept. 3, 2021	Emergency Nurses Association (about 40,000 members)	Emergency Nursing 2020 and Emergency Nursing 2021	Emergency Nursing 2020 and Emergency Nursing 2021	Ex. SEC-01-GM-064
Jan. 1, 2022	American College of Surgeons	ACS Clinical Congress 2020	'The American College of Surgeons (ACS) leadership decided to provide the virtual meeting at no cost given the financial impact the coronavirus 2019 (COVID-19) pandemic has had on surgical practices.'	Ex. SEC-01-GM-068
	American College of Surgeons	ACS Clinical Congress 2020	'The American College of Surgeons (ACS) leadership decided to provide the virtual meeting at no cost given the financial impact the coronavirus 2019 (COVID-19) pandemic has had on surgical practices.'	Ex. SEC-01-GM-010
	Emergency Nurses Association (about 40,000 members)	Emergency Nursing 2020 and Emergency Nursing 2021	Emergency Nursing 2020 and Emergency Nursing 2021	Ex. SEC-01-GM-023
	Radiological Society of North America	RSNA 2020 Scientific Assembly and Annual Meeting (106th)	RSNA News (Aug. 18, 2020) describes 'RSNA 2020, the Society's 106th Scientific Assembly and Annual Meeting, held as an all-virtual event, Nov. 29-Dec. 5, 2020' and a virtual exhibition for exhibitors 'unable to travel to the physical meeting.'	Ex. SEC-01-GM-025
	American Heart Association	American Heart Association Scientific Sessions 2020	Peer-reviewed meeting report: 'AHA 2020 was originally scheduled to be held in Dallas, Texas, but due to public health concerns surrounding the SARS-CoV-2 (COVID-19) crisis, it was instead presented as a virtual summit.' (Drugs Today 2021;57(1):61-67)	Ex. SEC-01-GM-027
	Association of American Medical Colleges	AAMC Learn Serve Lead 2020	AAMC Learn Serve Lead 2020	Ex. SEC-01-GM-034
	Society for Academic Emergency Medicine	SAEM 2020 Annual Meeting	SAEM 2020 Annual Meeting	Ex. SEC-01-GM-036

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 Hospitals and Health Systems 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 251 instruments in force for this selection: 72 instruments from the regulators of Hospitals and Health Systems (Governor Tom Wolf and Secretary of Health, Orders of Mar. 19, 2020 closing businesses that are not life-sustaining, with the Industry Operation Guidance list ('Home Health Care Services - Yes - Elective procedures prohibited'; hospitals - Yes - elective procedures prohibited); DOH Guidance on Ambulatory Surgical Facilities' Responses to COVID-19 (Mar. 20, 2020) (Ex. SEC-01-140); Secretary / Acting Secretary of Health, Order of the Secretary Requiring Hospitals to Make Daily Reports of Specified Data Regarding Supplies and Equipment (Mar. 24, 2020), as amended July 10, 2020, Jan. 27, 2021 (SEC-01-094) and Aug. 13, 2021 (effective Aug. 18, 2021) (Ex. SEC-01-139); 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); and 69 more) and 179 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 (Acting Director Russell T. Vought), OMB Memorandum M-20-16 (Mar. 17, 2020) (Ex. FED-264); 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); 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 Hospitals industry, as the Library records them: emergency department and intake (ED; Ex. SEC-01-010, Ex. SEC-01-006, Ex. SEC-01-131); inpatient units and surge capacity (IP; Ex. SEC-01-139, Ex. SEC-01-010, Ex. SEC-01-053, Ex. SEC-01-108 and 14 more); surgery and elective procedures (SX; Ex. SEC-01-140, Ex. SEC-01-006, Ex. SEC-01-116, Ex. SEC-01-007 and 59 more); outpatient clinics and diagnostics (OC; Ex. SEC-01-140, Ex. SEC-01-006, Ex. SEC-01-116, Ex. SEC-01-007 and 37 more); visitation and access (VS; Ex. SEC-01-006, Ex. SEC-01-087, Ex. SEC-01-108, Ex. SEC-01-104 and 6 more); infection control (IC; Ex. SEC-01-006, Ex. SEC-01-087, Ex. SEC-01-108, Ex. SEC-01-105 and 18 more); supply chain (SC; Ex. SEC-01-139, Ex. SEC-01-007, Ex. SEC-01-077, Ex. SEC-01-061 and 25 more); credentialing, travel nurses, training (HR; Ex. SEC-01-010); administration and telework (OF; Ex. SEC-01-140, Ex. SEC-01-139, Ex. SEC-01-010, Ex. SEC-01-040 and 9 more); workforce availability (WF; Ex. SEC-01-139, Ex. SEC-01-106, Ex. SEC-01-121, Ex. SEC-01-107); patients and payers (CB; Ex. SEC-01-010, Ex. SEC-01-087, Ex. SEC-01-071, Ex. SEC-01-118 and 17 more).

Step three, the change compelled. Governor Tom Wolf and Secretary of Health, Orders of Mar. 19, 2020 closing businesses that are not life-sustaining, with the Industry Operation Guidance list ('Home Health Care Services - Yes - Elective procedures prohibited'; hospitals - Yes - elective procedures prohibited); DOH Guidance on Ambulatory Surgical Facilities' Responses to COVID-19 (Mar. 20, 2020) (Ex. SEC-01-140) ordered: "Ambulatory surgical facilities may not perform any elective surgeries or procedures unless the surgery or procedure would preserve organ function or avoid further harms from an underlying condition or disease (ACS quotation of the Mar. 20, 2020 DOH guidance); list entry: 'Elective procedures…" Enforcement: 35 P.S. 521.20; Liquor Code and licensure enforcement Secretary / Acting Secretary of Health, Order of the Secretary Requiring Hospitals to Make Daily Reports of Specified Data Regarding Supplies and Equipment (Mar. 24, 2020), as amended July 10, 2020, Jan. 27, 2021 (SEC-01-094) and Aug. 13, 2021 (effective Aug. 18, 2021) (Ex. SEC-01-139) ordered: "Aug. 13, 2021 amendment: requires every licensed hospital to report daily [COVID-19 admissions and census data] and to report every COVID-19-attributed hospitalization to PA-NEDSS (bundled 03_research_q3_2021_inventory.json PA-27, verified_primary there)." Enforcement: 35 P.S. 521.20 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) ordered: "Emergency Medical Treatment & Labor Act (EMTALA). CMS is waiving the enforcement of [EMTALA]... Verbal Orders. CMS is waiving the requirements of 42 CFR 482.23, 482.24 and 485.635(d)(3)... to provide additional flexibility... Due to current hospital surge, CMS is waiving..." Enforcement: Conditions of participation waived only on the stated terms; the waiver defines what a hospital could lawfully do off-site 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. Orders of Mar. 19, 2020 closing businesses that are not life-sustaining, with the Industry… (Ex. SEC-01-140) was in force from Mar. 19, 2020 to Apr. 27, 2020, 40 of the quarter's 110 days; Order of the Secretary Requiring Hospitals to Make Daily Reports of Specified Data… (Ex. SEC-01-139) was in force from Mar. 24, 2020 to Sept. 30, 2021, 99 of the quarter's 110 days; COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (hospitals… (Ex. SEC-01-010) was in force from Mar. 1, 2020 to May 11, 2023, 110 of the quarter's 110 days. Of the 72 instruments in the quarter's record, 3 were in force on its first day, 32 on its last day and 3 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 Hospitals 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 191 instruments in force for this selection: 28 instruments from the regulators of Hospitals and Health Systems (Secretary / Acting Secretary of Health, Order of the Secretary Requiring Hospitals to Make Daily Reports of Specified Data Regarding Supplies and Equipment (Mar. 24, 2020), as amended July 10, 2020, Jan. 27, 2021 (SEC-01-094) and Aug. 13, 2021 (effective Aug. 18, 2021) (Ex. SEC-01-139); 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); 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); and 25 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); 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 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 Hospitals industry, as the Library records them: emergency department and intake (ED; Ex. SEC-01-004, Ex. SEC-01-010, Ex. SEC-01-006); inpatient units and surge capacity (IP; Ex. SEC-01-139, Ex. SEC-01-004, Ex. SEC-01-010, Ex. SEC-01-121 and 8 more); surgery and elective procedures (SX; Ex. SEC-01-006, Ex. SEC-01-121, Ex. SEC-01-134, Ex. SEC-01-047 and 15 more); outpatient clinics and diagnostics (OC; Ex. SEC-01-004, Ex. SEC-01-006, Ex. SEC-01-102, Ex. SEC-01-132 and 3 more); visitation and access (VS; Ex. SEC-01-006, Ex. SEC-01-087, Ex. SEC-01-063, Ex. SEC-01-054 and 2 more); infection control (IC; Ex. SEC-01-006, Ex. SEC-01-087, Ex. SEC-01-121, Ex. SEC-01-063 and 11 more); supply chain (SC; Ex. SEC-01-139, Ex. SEC-01-004, Ex. SEC-01-121, Ex. SEC-01-134 and 11 more); credentialing, travel nurses, training (HR; Ex. SEC-01-010); administration and telework (OF; Ex. SEC-01-139, Ex. SEC-01-004, Ex. SEC-01-010, Ex. SEC-01-047 and 5 more); workforce availability (WF; Ex. SEC-01-139, Ex. SEC-01-004, Ex. SEC-01-121); patients and payers (CB; Ex. SEC-01-010, Ex. SEC-01-087, Ex. SEC-01-065, Ex. SEC-01-043 and 3 more).

Step three, the change compelled. Secretary / Acting Secretary of Health, Order of the Secretary Requiring Hospitals to Make Daily Reports of Specified Data Regarding Supplies and Equipment (Mar. 24, 2020), as amended July 10, 2020, Jan. 27, 2021 (SEC-01-094) and Aug. 13, 2021 (effective Aug. 18, 2021) (Ex. SEC-01-139) ordered: "Aug. 13, 2021 amendment: requires every licensed hospital to report daily [COVID-19 admissions and census data] and to report every COVID-19-attributed hospitalization to PA-NEDSS (bundled 03_research_q3_2021_inventory.json PA-27, verified_primary there)." Enforcement: 35 P.S. 521.20 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) ordered: "482.42(e) COVID-19 Reporting. During the [PHE] the hospital must report information in accordance with a frequency, and in a standardized format, as specified by the Secretary during the PHE for COVID-19... (d) This section is in effect during and [until the] end of the PHE." Enforcement: Condition of participation; noncompliance subject to termination from Medicare (enforcement letters from Oct. 7, 2020 under CMS's Oct. 6, 2020 memorandum)… 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) ordered: "Emergency Medical Treatment & Labor Act (EMTALA). CMS is waiving the enforcement of [EMTALA]... Verbal Orders. CMS is waiving the requirements of 42 CFR 482.23, 482.24 and 485.635(d)(3)... to provide additional flexibility... Due to current hospital surge, CMS is waiving..." Enforcement: Conditions of participation waived only on the stated terms; the waiver defines what a hospital could lawfully do off-site 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. Order of the Secretary Requiring Hospitals to Make Daily Reports of Specified Data… (Ex. SEC-01-139) was in force from Mar. 24, 2020 to Sept. 30, 2021, 92 of the quarter's 92 days; CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020): 42 C.F.R. 482.42(e) and 485.640(d)… (Ex. SEC-01-004) was in force from Sept. 2, 2020 to May 11, 2023, 29 of the quarter's 92 days; COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (hospitals… (Ex. SEC-01-010) was in force from Mar. 1, 2020 to May 11, 2023, 92 of the quarter's 92 days. Of the 28 instruments in the quarter's record, 25 were in force on its first day, 26 on its last day and 24 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 Hospitals 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 178 instruments in force for this selection: 18 instruments from the regulators of Hospitals and Health Systems (Secretary / Acting Secretary of Health, Order of the Secretary Requiring Hospitals to Make Daily Reports of Specified Data Regarding Supplies and Equipment (Mar. 24, 2020), as amended July 10, 2020, Jan. 27, 2021 (SEC-01-094) and Aug. 13, 2021 (effective Aug. 18, 2021) (Ex. SEC-01-139); 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); 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); and 15 more) and 160 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); 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); 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 Hospitals industry, as the Library records them: emergency department and intake (ED; Ex. SEC-01-004, Ex. SEC-01-010, Ex. SEC-01-006); inpatient units and surge capacity (IP; Ex. SEC-01-139, Ex. SEC-01-004, Ex. SEC-01-010, Ex. SEC-01-049 and 5 more); surgery and elective procedures (SX; Ex. SEC-01-006, Ex. SEC-01-067, Ex. SEC-01-054, Ex. SEC-01-072 and 5 more); outpatient clinics and diagnostics (OC; Ex. SEC-01-004, Ex. SEC-01-006, Ex. SEC-01-054, Ex. SEC-01-072); visitation and access (VS; Ex. SEC-01-006, Ex. SEC-01-087, Ex. SEC-01-054); infection control (IC; Ex. SEC-01-006, Ex. SEC-01-087, Ex. SEC-01-067, Ex. SEC-01-054 and 2 more); supply chain (SC; Ex. SEC-01-139, Ex. SEC-01-004, Ex. SEC-01-067, Ex. SEC-01-054 and 4 more); credentialing, travel nurses, training (HR; Ex. SEC-01-010); administration and telework (OF; Ex. SEC-01-139, Ex. SEC-01-004, Ex. SEC-01-010, Ex. SEC-01-067 and 4 more); workforce availability (WF; Ex. SEC-01-139, Ex. SEC-01-004, Ex. SEC-01-093); patients and payers (CB; Ex. SEC-01-010, Ex. SEC-01-087, Ex. SEC-01-049, Ex. SEC-01-050 and 1 more).

Step four, the quarter. The quarter's record runs from Oct. 1, 2020 to Dec. 31, 2020, 92 days. Order of the Secretary Requiring Hospitals to Make Daily Reports of Specified Data… (Ex. SEC-01-139) was in force from Mar. 24, 2020 to Sept. 30, 2021, 92 of the quarter's 92 days; CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020): 42 C.F.R. 482.42(e) and 485.640(d)… (Ex. SEC-01-004) was in force from Sept. 2, 2020 to May 11, 2023, 92 of the quarter's 92 days; COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (hospitals… (Ex. SEC-01-010) was in force from Mar. 1, 2020 to May 11, 2023, 92 of the quarter's 92 days. Of the 18 instruments in the quarter's record, 14 were in force on its first day, 18 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 Hospitals 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 Hospitals and Health Systems (Secretary / Acting Secretary of Health, Order of the Secretary Requiring Hospitals to Make Daily Reports of Specified Data Regarding Supplies and Equipment (Mar. 24, 2020), as amended July 10, 2020, Jan. 27, 2021 (SEC-01-094) and Aug. 13, 2021 (effective Aug. 18, 2021) (Ex. SEC-01-139); 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); Secretary of Health (Department of Health), Amendment (Jan. 27, 2021) to the Order of the Secretary Requiring Hospitals to Make Daily Reports of Specified Data Regarding Supplies and Equipment (Mar. 24, 2020), as amended July 10, 2020 (Ex. SEC-01-094); and 15 more) and 175 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); 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); 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 Hospitals industry, as the Library records them: emergency department and intake (ED; Ex. SEC-01-004, Ex. SEC-01-010, Ex. SEC-01-006); inpatient units and surge capacity (IP; Ex. SEC-01-139, Ex. SEC-01-004, Ex. SEC-01-094, Ex. SEC-01-010 and 6 more); surgery and elective procedures (SX; Ex. SEC-01-006, Ex. SEC-01-067, Ex. SEC-01-054, Ex. SEC-01-072 and 5 more); outpatient clinics and diagnostics (OC; Ex. SEC-01-004, Ex. SEC-01-006, Ex. SEC-01-054, Ex. SEC-01-072); visitation and access (VS; Ex. SEC-01-006, Ex. SEC-01-054); infection control (IC; Ex. SEC-01-006, Ex. SEC-01-067, Ex. SEC-01-054, Ex. SEC-01-072 and 1 more); supply chain (SC; Ex. SEC-01-139, Ex. SEC-01-004, Ex. SEC-01-094, Ex. SEC-01-067 and 5 more); credentialing, travel nurses, training (HR; Ex. SEC-01-010); administration and telework (OF; Ex. SEC-01-139, Ex. SEC-01-004, Ex. SEC-01-094, Ex. SEC-01-010 and 5 more); workforce availability (WF; Ex. SEC-01-139, Ex. SEC-01-004, Ex. SEC-01-094, Ex. SEC-01-093); patients and payers (CB; Ex. SEC-01-010, Ex. SEC-01-049, Ex. SEC-01-050, Ex. SEC-01-019).

Step three, the change compelled. Secretary / Acting Secretary of Health, Order of the Secretary Requiring Hospitals to Make Daily Reports of Specified Data Regarding Supplies and Equipment (Mar. 24, 2020), as amended July 10, 2020, Jan. 27, 2021 (SEC-01-094) and Aug. 13, 2021 (effective Aug. 18, 2021) (Ex. SEC-01-139) ordered: "Aug. 13, 2021 amendment: requires every licensed hospital to report daily [COVID-19 admissions and census data] and to report every COVID-19-attributed hospitalization to PA-NEDSS (bundled 03_research_q3_2021_inventory.json PA-27, verified_primary there)." Enforcement: 35 P.S. 521.20 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) ordered: "482.42(e) COVID-19 Reporting. During the [PHE] the hospital must report information in accordance with a frequency, and in a standardized format, as specified by the Secretary during the PHE for COVID-19... (d) This section is in effect during and [until the] end of the PHE." Enforcement: Condition of participation; noncompliance subject to termination from Medicare (enforcement letters from Oct. 7, 2020 under CMS's Oct. 6, 2020 memorandum)… Secretary of Health (Department of Health), Amendment (Jan. 27, 2021) to the Order of the Secretary Requiring Hospitals to Make Daily Reports of Specified Data Regarding Supplies and Equipment (Mar. 24, 2020), as amended July 10, 2020 (Ex. SEC-01-094) ordered: "I hereby amend the Order 'Requiring Hospitals to Make Daily Reports of Specified Data Regarding Supplies and Equipment' dated March 24, 2020, as previously amended on July 10, 2020 (Order). Paragraph 3 of the Order is amended to add the following after 'data collection tool in the': [Corvena/HHS…" Enforcement: 35 P.S. 521.20 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. Order of the Secretary Requiring Hospitals to Make Daily Reports of Specified Data… (Ex. SEC-01-139) was in force from Mar. 24, 2020 to Sept. 30, 2021, 90 of the quarter's 90 days; CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020): 42 C.F.R. 482.42(e) and 485.640(d)… (Ex. SEC-01-004) was in force from Sept. 2, 2020 to May 11, 2023, 90 of the quarter's 90 days; Amendment (Jan. 27, 2021) to the Order of the Secretary Requiring Hospitals to Make Daily… (Ex. SEC-01-094) was in force from Jan. 27, 2021 to Aug. 13, 2021, 64 of the quarter's 90 days. Of the 18 instruments in the quarter's record, 17 were in force on its first day, 16 on its last day and 15 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 Hospitals 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 183 instruments in force for this selection: 18 instruments from the regulators of Hospitals and Health Systems (Secretary / Acting Secretary of Health, Order of the Secretary Requiring Hospitals to Make Daily Reports of Specified Data Regarding Supplies and Equipment (Mar. 24, 2020), as amended July 10, 2020, Jan. 27, 2021 (SEC-01-094) and Aug. 13, 2021 (effective Aug. 18, 2021) (Ex. SEC-01-139); 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); Secretary of Health (Department of Health), Amendment (Jan. 27, 2021) to the Order of the Secretary Requiring Hospitals to Make Daily Reports of Specified Data Regarding Supplies and Equipment (Mar. 24, 2020), as amended July 10, 2020 (Ex. SEC-01-094); and 15 more) and 165 federal instruments (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); 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); 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); 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 Hospitals industry, as the Library records them: emergency department and intake (ED; Ex. SEC-01-004, Ex. SEC-01-001, Ex. SEC-01-010, Ex. SEC-01-006); inpatient units and surge capacity (IP; Ex. SEC-01-139, Ex. SEC-01-004, Ex. SEC-01-094, Ex. SEC-01-001 and 3 more); surgery and elective procedures (SX; Ex. SEC-01-001, Ex. SEC-01-006, Ex. SEC-01-067, Ex. SEC-01-054 and 2 more); outpatient clinics and diagnostics (OC; Ex. SEC-01-004, Ex. SEC-01-001, Ex. SEC-01-006, Ex. SEC-01-054 and 1 more); visitation and access (VS; Ex. SEC-01-081, Ex. SEC-01-001, Ex. SEC-01-006, Ex. SEC-01-054 and 1 more); infection control (IC; Ex. SEC-01-081, Ex. SEC-01-001, Ex. SEC-01-002, Ex. SEC-01-006 and 4 more); supply chain (SC; Ex. SEC-01-139, Ex. SEC-01-004, Ex. SEC-01-094, Ex. SEC-01-001 and 6 more); credentialing, travel nurses, training (HR; Ex. SEC-01-081, Ex. SEC-01-001, Ex. SEC-01-002, Ex. SEC-01-010 and 1 more); administration and telework (OF; Ex. SEC-01-139, Ex. SEC-01-004, Ex. SEC-01-094, Ex. SEC-01-001 and 6 more); workforce availability (WF; Ex. SEC-01-139, Ex. SEC-01-004, Ex. SEC-01-094, Ex. SEC-01-081 and 3 more); patients and payers (CB; Ex. SEC-01-010, Ex. SEC-01-019).

Step three, the change compelled. Secretary / Acting Secretary of Health, Order of the Secretary Requiring Hospitals to Make Daily Reports of Specified Data Regarding Supplies and Equipment (Mar. 24, 2020), as amended July 10, 2020, Jan. 27, 2021 (SEC-01-094) and Aug. 13, 2021 (effective Aug. 18, 2021) (Ex. SEC-01-139) ordered: "Aug. 13, 2021 amendment: requires every licensed hospital to report daily [COVID-19 admissions and census data] and to report every COVID-19-attributed hospitalization to PA-NEDSS (bundled 03_research_q3_2021_inventory.json PA-27, verified_primary there)." Enforcement: 35 P.S. 521.20 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) ordered: "482.42(e) COVID-19 Reporting. During the [PHE] the hospital must report information in accordance with a frequency, and in a standardized format, as specified by the Secretary during the PHE for COVID-19... (d) This section is in effect during and [until the] end of the PHE." Enforcement: Condition of participation; noncompliance subject to termination from Medicare (enforcement letters from Oct. 7, 2020 under CMS's Oct. 6, 2020 memorandum)… Secretary of Health (Department of Health), Amendment (Jan. 27, 2021) to the Order of the Secretary Requiring Hospitals to Make Daily Reports of Specified Data Regarding Supplies and Equipment (Mar. 24, 2020), as amended July 10, 2020 (Ex. SEC-01-094) ordered: "I hereby amend the Order 'Requiring Hospitals to Make Daily Reports of Specified Data Regarding Supplies and Equipment' dated March 24, 2020, as previously amended on July 10, 2020 (Order). Paragraph 3 of the Order is amended to add the following after 'data collection tool in the': [Corvena/HHS…" Enforcement: 35 P.S. 521.20 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. Order of the Secretary Requiring Hospitals to Make Daily Reports of Specified Data… (Ex. SEC-01-139) was in force from Mar. 24, 2020 to Sept. 30, 2021, 91 of the quarter's 91 days; CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020): 42 C.F.R. 482.42(e) and 485.640(d)… (Ex. SEC-01-004) was in force from Sept. 2, 2020 to May 11, 2023, 91 of the quarter's 91 days; Amendment (Jan. 27, 2021) to the Order of the Secretary Requiring Hospitals to Make Daily… (Ex. SEC-01-094) was in force from Jan. 27, 2021 to Aug. 13, 2021, 91 of the quarter's 91 days. Of the 18 instruments in the quarter's record, 14 were in force on its first day, 16 on its last day and 12 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 Hospitals 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 207 instruments in force for this selection: 40 instruments from the regulators of Hospitals and Health Systems (State Public Health Officer (Tomas J. Aragon), CDPH, State Public Health Officer Order of August 5, 2021 (Health Care Worker Vaccine Requirement) (Aug. 5, 2021) (Ex. SEC-01-058); Governor Jay Inslee, Proclamation 21-14 (Aug. 9, 2021) (Ex. SEC-01-055); State Public Health Officer, CDPH, State Public Health Officer Order of July 26, 2021 (Unvaccinated Workers in High-Risk Settings) (Ex. SEC-01-059); and 37 more) and 167 federal instruments (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); 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); 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); 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 Hospitals industry, as the Library records them: emergency department and intake (ED; Ex. SEC-01-004, Ex. SEC-01-001, Ex. SEC-01-110, Ex. SEC-01-010 and 3 more); inpatient units and surge capacity (IP; Ex. SEC-01-139, Ex. SEC-01-004, Ex. SEC-01-094, Ex. SEC-01-001 and 6 more); surgery and elective procedures (SX; Ex. SEC-01-001, Ex. SEC-01-006, Ex. SEC-01-054, Ex. SEC-01-100 and 1 more); outpatient clinics and diagnostics (OC; Ex. SEC-01-004, Ex. SEC-01-001, Ex. SEC-01-110, Ex. SEC-01-006 and 1 more); visitation and access (VS; Ex. SEC-01-078, Ex. SEC-01-081, Ex. SEC-01-001, Ex. SEC-01-060 and 7 more); infection control (IC; Ex. SEC-01-058, Ex. SEC-01-055, Ex. SEC-01-059, Ex. SEC-01-097 and 19 more); supply chain (SC; Ex. SEC-01-139, Ex. SEC-01-004, Ex. SEC-01-094, Ex. SEC-01-001 and 4 more); credentialing, travel nurses, training (HR; Ex. SEC-01-058, Ex. SEC-01-055, Ex. SEC-01-059, Ex. SEC-01-097 and 23 more); administration and telework (OF; Ex. SEC-01-058, Ex. SEC-01-055, Ex. SEC-01-059, Ex. SEC-01-097 and 20 more); workforce availability (WF; Ex. SEC-01-058, Ex. SEC-01-055, Ex. SEC-01-059, Ex. SEC-01-097 and 19 more); patients and payers (CB; Ex. SEC-01-058, Ex. SEC-01-055, Ex. SEC-01-070, Ex. SEC-01-060 and 7 more).

Step three, the change compelled. State Public Health Officer (Tomas J. Aragon), CDPH, State Public Health Officer Order of August 5, 2021 (Health Care Worker Vaccine Requirement) (Aug. 5, 2021) (Ex. SEC-01-058) ordered: "1. All workers who provide services or work in facilities described in subdivision (a) have their first dose of a one-dose regimen or their second dose of a two-dose regimen by September 30, 2021... 2. Workers may be exempt from the vaccination requirements under section (1) only upon providing the…" Enforcement: Health & Safety Code 120275, 120295; CDPH licensing (AFL 21-34) Governor Jay Inslee, Proclamation 21-14 (Aug. 9, 2021) (Ex. SEC-01-055) ordered: "I hereby prohibit... 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…" Enforcement: RCW 43.06.220(5) (gross misdemeanor); DOH licensure State Public Health Officer, CDPH, State Public Health Officer Order of July 26, 2021 (Unvaccinated Workers in High-Risk Settings) (Ex. SEC-01-059) ordered: "II. All facilities identified in this Order must verify vaccine status of all workers... facilities shall provide all unvaccinated or incompletely vaccinated workers with FDA-cleared [respirators and require testing at least weekly (twice weekly in acute health care and long-term care)]... VIII.…" Enforcement: Health & Safety Code 120275, 120295 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. State Public Health Officer Order of August 5, 2021 (Health Care Worker Vaccine… (Ex. SEC-01-058) was in force from Aug. 5, 2021 to Dec. 22, 2021, 57 of the quarter's 92 days; Proclamation 21-14 (Ex. SEC-01-055) was in force from Aug. 9, 2021 to Sept. 27, 2021, 50 of the quarter's 92 days; State Public Health Officer Order of July 26, 2021 (Unvaccinated Workers in High-Risk… (Ex. SEC-01-059) was in force from Aug. 9, 2021 to its end date, not recorded, 53 of the quarter's 92 days. Of the 40 instruments in the quarter's record, 15 were in force on its first day, 36 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 Hospitals 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 Hospitals and Health Systems

The Service's letters and examination reports rest on fourteen positions. Each is answered below from the statute's text, from Tri-State, from the instruments with their exhibit identifiers, and from the United States' own representations. None survives the public record of this industry, which is the one industry whose operations the orders named, counted and conditioned in the orders' own text.

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 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.

For every quarter, the quarters section lists the orders in force on the quarter's first and last day, by issuer, date and operative clause, with exhibit identifiers. For the third quarter of 2021 alone the list runs to the federal Healthcare Emergency Temporary Standard and its inspection and emphasis directives (Ex. SEC-01-001; Ex. SEC-01-002; Ex. SEC-01-003), the hospital reporting condition of participation (Ex. SEC-01-004), the section 1135 waiver terms under the renewed emergency (Ex. SEC-01-010; Ex. FED-016), the conveyance and entry orders (Ex. FED-020; Ex. FED-207), the workforce vaccination orders of thirteen jurisdictions with deadlines inside or immediately after the quarter (Ex. CA-030; Ex. WA-077; Ex. NY-071; Ex. NJ-056; Ex. SEC-01-078; Ex. RI-072; Maine's emergency rule of August 12, 2021; Ex. OR-046; Ex. CO-055; Ex. ECO-B-056; Ex. DE-047; Ex. NM-071; Ex. DC-075), Pennsylvania's reduction order to August 23 and its reporting amendment of August 13 (Ex. PA-025; Ex. PA-041), Washington's Proclamation 20-24.2 (Ex. WA-049), the visitor and infection-prevention orders of California, New York, Oregon, Washington, Massachusetts and Connecticut (Ex. SEC-01-060; Ex. NY-073; Ex. NY-074; Ex. SEC-01-110; Ex. WA-078; Ex. MA-050; Ex. CT-052), the hospital-capacity orders of Tennessee, Alabama, Nebraska, Indiana and Rhode Island and Louisiana's order on surge-transfer coverage (Ex. SEC-01-075; Ex. AL-052; Ex. NE-068; Ex. IN-071; Ex. RI-058; Louisiana's Emergency Rule 46), and the crisis standards of care of Idaho and Alaska (Ex. SEC-01-100; Ex. AK-031). A form sentence that no orders were in effect is not the determination the United States described to the District Court:

The sentence describes a quarter that did not occur, and the Service's records, whatever they contain, do not contain the Federal Register.

Read the full answer to sentence 1 and the record behind it →

Sentence 2: 2. Designated essential and open

The employer operated an essential business and remained open.

The word "essential" is not in the statute. Every hospital was designated essential, and every hospital was ordered to stop performing its elective and non-urgent procedures, to hold beds empty, to bar visitors and to report daily; the designation permitted the emergency department to operate and exempted no service line from the orders that closed it. The Notice's own Example 4 disposes of the position in this industry's own terms. It begins: "Employer H, a hospital, is considered to be operating an essential business under a governmental order with respect to its emergency department, intensive care, and other services for conditions requiring urgent medical care." It continues: "However, the governmental order treats Employer H's elective and non-urgent medical procedures as non-essential business operations and prevents Employer H from performing these services." And it concludes: "Although Employer H is an essential business, Employer H is considered to have a partial suspension of operations." The United States told the District Court the same thing:

A hospital that "remained open" under an order that fixed which of its services it could perform, how many of its beds it could fill and whom it could admit through its doors was partially suspended by that order, and the Service is bound by its own example to say so.

Read the full answer to sentence 2 and the record behind it →

Sentence 3: 3. Orders directed to the public

Stay-at-home orders directed to the public are not considered; only orders directed at business operations count.

The statute says nothing of the source or addressee of the order; it asks whether the order limited "commerce, travel, or group meetings." The Notice's own list of qualifying orders includes "A State's emergency proclamation that residents must shelter in place" and "An order from a local official imposing a curfew on residents," both addressed to the public, and the United States quoted that list to the District Court as the statute's meaning and told the Ninth Circuit that a third-party order counts:

In this industry the position has no purchase at all, because the orders were directed at hospital operations in terms: "all licensed health care facilities shall postpone all surgeries and procedures" (Ex. TX-004); "all 'elective' surgeries performed on adults ... are suspended in the State" (Ex. NJ-006); "I hereby prohibit all hospitals ... from providing health care services, procedures and surgeries that, if delayed, are not anticipated to cause harm to the patient within the next three months" (Ex. WA-015); "the hospital must report information in accordance with a frequency, and in a standardized format, as specified by the Secretary" (Ex. SEC-01-004); "this section applies to all settings where any employee provides healthcare services" (Ex. SEC-01-001); "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" (Ex. NY-071). The position rewrites the statute and misdescribes the orders.

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; Tri-State defines a partial suspension as a temporary delay, interruption or termination of a portion of the business. The Notice's own factor (3) answers the position for this industry: where "the physical work space" is "so critical" that central tasks cannot be performed remotely, "this factor alone indicates that the employer is not able to continue comparable operations." An operating room, an intensive care unit, an emergency department, an imaging suite and a labor and delivery floor are that work space. Q&A-15 provides that where "the closure of the workplace causes the employer to suspend business operations for certain purposes, but not others, it may be considered to have a partial suspension of operations due to the governmental order," and its Example 3 treats a laboratory that "cannot continue in a comparable manner" as partially suspended although its modeling staff teleworked; the surgical, procedural, diagnostic and inpatient operations of a hospital are that laboratory. Telehealth was the modification the orders compelled for the outpatient function, under federal terms the Office for Civil Rights and the DEA set (Ex. FED-194; Ex. AGY-FED-HEALTH-OTHER-001), and a compelled modification of a more than nominal portion is a partial suspension, which is what Q&A-17 also says. A hospital whose surgical schedule was cancelled for six to ten weeks did not continue "comparable operations" by video visit; it continued the portion of its operations the orders left it. The position substitutes a word Congress did not write for the one it did.

Read the full answer to sentence 4 and the record behind it →

Sentence 5: 5. Orders on customers, not the employer

The orders affected the employer's customers, not the employer (Q&A-13).

Q&A-13 addresses an employer that suspends operations because of "a reduction in demand." This analysis relies on no reduction in demand. It relies on orders that told hospitals which procedures they could perform, how many beds they had to hold, whom they could admit, what they had to report, how they had to screen, what they could buy and whom they could employ, and it identifies those orders as orders limiting commerce, travel and group meetings addressed to hospitals by name. Where the analysis relies on orders on counterparties, they are the nursing-home admission and visitation orders that governed every discharge, the Defense Production Act rules that governed every purchase of protective equipment, and the stay-at-home orders that confined the patients an emergency department serves, each an order limiting commerce under the statute's text, Q&A-12's logic and the United States' admission that a third-party order counts. Q&A-13 describes an employer that "responds to the lack of demand by suspending some or all of its operations." It does not describe a hospital whose Governor cancelled its surgeries, and the Service's invocation of it against this industry misdescribes both the orders and the industry.

Read the full answer to sentence 5 and the record behind it →

Sentence 6: 6. Voluntary measures

The employer's measures were voluntary (Q&A-14).

A surgical schedule cancelled because GA-09 commanded it, a bed reserve held because GA-19 commanded it, a visitor turned away because Executive Order 2020-7 commanded it, a daily census reported because 42 C.F.R. § 482.42(e) commanded it, and an unvaccinated nurse placed on leave on September 27, 2021 because 10 NYCRR § 2.61 commanded it are not voluntary. Tri-State decided the point on a hospital's facts: the United States argued that the hospital would have taken the same steps regardless, and the court, taking the hospital's allegations as true, recited that "The Proclamation required Plaintiff to only employ vaccinated individuals" and that the changes "were not voluntary," held that the hospital "alleged sufficient facts that the interruption was caused by the Proclamation," and held that "the required protocols and procedures to comply with the Proclamation" were the order's effects, not the disease's. Q&A-14 describes an employer that closes without any order; every modification described here is traced to an order with an exhibit identifier. Where a health system adopted a systemwide policy to comply with the orders of the jurisdictions that bound it, Q&A-20 makes it eligible "with respect to all of its operations in all locations." A modification traced to an order with an exhibit identifier is not voluntary, and the position that it was describes an employer this analysis does not address.

Q&A-14 reaches, by its own terms, only a suspension "not due to a governmental order," and the United States and the District Court have defined the excluded employer as one "not being ordered to do so." No hospital in Texas, New York, Ohio, Washington, New Jersey, Florida or New Hampshire answered that description in any of the six quarters. The elective-procedure, capacity, visitation and reporting orders permitted operation only on conditions with the force of law (Ex. TX-004; Ex. TX-009; Ex. NJ-016; Ex. WA-049; New York's reopening orders; Ex. OH-019; Ex. SEC-01-065; Ex. NH-051), each behind a statute that punished its violation (Ex. DUT-TX-012; Ex. DUT-NJ-006; Ex. LAW-340; Ex. DUT-NY-001; Ex. DUT-NY-002; Ex. DUT-OH-004; Ex. DUT-FL-008; Ex. DUT-NH-010). The standing statutes commanded the same conduct independently: "Each person shall act responsibly to prevent and control communicable disease" (Ex. DUT-TX-001), and each employer "shall furnish to each of his employees employment and a place of employment which are free from recognized hazards" (Ex. DUT-FED-001), with the State safe-workplace statutes beside the federal clause (Ex. DUT-TX-013) and the conditions of participation over every hospital (Ex. DUT-FED-024). The legislatures of Texas, Florida and New Hampshire then fixed the standard of care as compliance with governmental standards, guidance and protocols, in Texas for every action commenced on or after March 13, 2020 (Ex. DUT-TX-015; Ex. DUT-FL-012; Ex. DUT-NH-014). The safe-workplace statute had no COVID-19 content until the health authorities said what a safe hospital required; the screening, distancing, isolation rooms, protective equipment and face coverings of the exposure-control regime were taken because those directives defined the duty and would not have been taken without them. "Due to" is but-for causation, and the causation here runs from the command to the measure without an intervening choice. The Notice's own words say the same: a modification "required by a governmental order as a condition of reopening" is a partial suspension due to the order. A statute that commands conduct is an order from an appropriate governmental authority, and the source of the command is irrelevant; the Service's premise, that no command reached the employer, fails wherever one did, which in this industry is every State and every quarter.

Read the full answer to sentence 6 and the record behind it →

Sentence 7: 7. The ten percent figure as a floor

The portion of the business affected was not more than nominal (the 10 percent figure applied as a floor).

The ten percent figure is, in the United States' words, "not determinative," "[e]ffectively ... a safe harbor," "not an eligibility requirement," "a quintessential safe harbor," "a safe harbor rather than a hard floor"; the District Court held it "is not an exclusionary cut-off point"; and Tri-State held that the Notice "provides a method for the test to be met not as a requirement to meet the test" and that reading it as a requirement "would read requirements into the statute that do not exist." The showing for this industry exceeds the safe harbor many times over on the orders' own terms: the elective and non-urgent surgical and procedural line that more than thirty States terminated is the largest service line of every general hospital; Texas's reserve took fifteen percent of every hospital's capacity out of ordinary use for four and a half months and ten percent for the six months that followed, by the orders' own arithmetic; Pennsylvania's order cut elective procedures by fifty percent by its own terms; Kentucky's third phase capped inpatient procedures at fifty percent of pre-shutdown volume by its own terms; and Tri-State's hospital alleged that the cancellations "resulted in approximately $4.6 million less than anticipated income," a showing the court found sufficient. The position applies as a floor a figure the United States has told two federal courts is not one.

Read the full answer to sentence 7 and the record behind it →

Sentence 8: 8. Modifications with a nominal effect

The required modifications (masks, gloves, spacing, screening) had only a nominal effect on operations (Q&A-18).

The modifications described here are cancelled surgeries, reserved beds, barred visitors, converted clinics, isolation rooms held empty, allocated supplies, daily reporting on pain of termination, mandatory medical removal of exposed staff, and the separation of unvaccinated workers, and the face-covering and screening orders of 2020 and 2021 are treated as what they are: workplace infection-prevention and exposure-control requirements, imposed by appropriate governmental authorities, that conditioned every entry to every hospital. Q&A-18 itself provides that a modification "that results in a reduction in an employer's ability to provide goods or services in the normal course of the employer's business of not less than 10 percent will be deemed to have more than a nominal effect," and a hospital whose elective line was terminated, whose beds were reserved by percentage and whose visitors were barred reduced its ability to provide services in the normal course by far more than that figure on the orders' own terms. The United States told the District Court as much of the smallest control in the regime:

Tri-State held that "the required protocols and procedures to comply with the Proclamation" were suspensions the order caused, on a record of screening, distancing, isolation, testing and quarantine protocols, and refused the argument that they were nominal. The federal Healthcare Emergency Temporary Standard's written plan, airborne infection isolation rooms, barriers, ventilation, medical removal and paid leave are not a modification with a nominal effect; they are a federal regulation of every hospital's operation enforced by citation and inspection (Ex. SEC-01-001; Ex. SEC-01-002; Ex. SEC-01-003). The position mistakes one control in a regime for the whole of the regime, and applies to the whole a sentence the United States has represented carries no force of law.

Read the full answer to sentence 8 and the record behind it →

Sentence 9: 9. A declaration of emergency is not an order

A declaration of emergency is not an order (Q&A-10).

This analysis treats no bare declaration as a suspending order. The federal public health emergency and the President's national emergency are treated as the predicates of the section 1135 waivers, the reporting condition of participation and the Defense Production Act rules, each of which is an order with operative terms (Ex. SEC-01-010; Ex. SEC-01-004; Ex. SEC-01-013). Where a State emergency declaration is cited, it is cited as the instrument under which the elective-procedure, capacity, visitation and vaccination orders issued and were continued, or as proof of a period, which the Notice's own text allows; where an emergency instrument itself carried operative hospital terms, as Tennessee's Executive Order 83, Alabama's proclamation of August 13, 2021 and Iowa's proclamations did, it is relied on for those terms (Ex. SEC-01-075; Ex. AL-052; Ex. IA-011). The position answers an argument this analysis does not make.

Read the full answer to sentence 9 and the record behind it →

Sentence 10: 10. Supply-chain effects too attenuated

The supplier was not itself closed by order; supply-chain effects are too attenuated (AM 2023-005).

Chief Counsel memoranda "may not be used or cited as precedent," by their own legend, which Tri-State quoted in declining to rely on the Chief Counsel memorandum the United States offered there. The supply chain of this industry was not attenuated; it was federally allocated. FEMA's temporary final rule placed respirators, masks, gloves and gowns under priority and allocation from April 7, 2020 to June 30, 2021, HHS designated them scarce materials through November 15, 2021, and the State resumption orders forbade a hospital that resumed elective procedures to draw on public stockpiles (Ex. SEC-01-013; Ex. FED-077; Ex. FED-078; Ex. FED-074; Ex. ECO-A-071; Ex. AZ-015; Ex. SEC-01-065). The nursing homes that receive a hospital's discharges were under CMS's visitation, testing and vaccination rules and the States' admission orders on every day (Ex. FED-156; Ex. FED-094; Ex. NJ-064; the Michigan MDHHS order of May 21, 2021). The United States has described the supplier rule to both courts in terms that exclude the position:

Causation is but-for on the United States' own agreed definition: absent the allocation rule, no law fixed the hospital's protective-equipment market; absent the admission orders, no law delayed the discharge. The position describes an attenuated chain this analysis does not trace; a supply allocated by federal rule is not a supply-chain effect, and a Chief Counsel memorandum that cannot be cited as precedent is not the statute.

Read the full answer to sentence 10 and the record behind it →

Sentence 11: 11. Orders lifted before the quarter

The orders had lifted before the quarter began; any effect was a lingering effect.

For the third quarter of 2021 the orders had not lifted: the third-quarter inventory lists, with dates, the orders in force on July 1 and September 30, 2021, from the federal standard and the reporting condition of participation to the thirteen vaccination orders, Pennsylvania's reduction order, Washington's Proclamation 20-24.2 and the crisis standards of Idaho and Alaska, and the paragraph that follows it names the expired instruments on which the analysis does not rest. Where the position means that a suspension compelled by an order that expired on June 30 ended at midnight, it misreads the clause, which asks whether the operation "is fully or partially suspended during the calendar quarter," and it contradicts Tri-State's definition of a suspension as a "delay," Q&A-22's whole-quarter rule and Q&A-16's transition rule. A hospital whose surgical schedule was cancelled by order in March 2020, restored on conditions between May and July 2020, cut again by order in the winter of 2020-21 and restored again between January and April 2021 was performing the backlog those orders created in every quarter that followed, and the interconnected-economy section states the arithmetic from the orders' own step dates. The position mistakes the date an order lapsed for the date the suspension it compelled ended; the clause asks about the second.

Read the full answer to sentence 11 and the record behind it →

Sentence 12: 12. No decline in gross receipts

The employer did not experience the required decline in gross receipts.

The gross-receipts prong is not relied on. The statute makes an employer eligible on either prong, and the United States admitted in Tri-State that the gross-receipts test is "another method to qualify," on which the court held "the fact an employer can be eligible and affected without partial or full suspension is reasonable." The suspension prong asks about operations, not revenue, and it is satisfied in every quarter. The position answers a prong this analysis does not invoke; Congress joined the two prongs with "or."

Read the full answer to sentence 12 and the record behind it →

Sentence 13: 13. Guidance, recommendations or best practices

The instruments relied on are guidance, recommendations or best practices, not orders.

Every instrument this analysis relies on as a suspending order is an order, proclamation, rule, regulation, directive, statute or administrative order with the force of law, issued under a recited statutory power and enforced by penalty, licensure, termination from Medicare, citation or contract. The CMS recommendations of March 18, April 7 and April 19, 2020 are treated as recommendations, and the instruments cited are the State orders that converted them into law by incorporation, as Utah's order of March 23, 2020 did in terms ("in accordance with version 3.15.20 of the CMS Adult Elective Surgery and Procedures Recommendations"), and the survey standard CMS enforced under the infection-control condition of participation (Ex. SEC-01-006; Ex. FED-165). The North Carolina Secretary's letter of March 20, 2020 is treated as a request, and the mandatory layer in North Carolina is the stay-at-home and visitation orders (Ex. NC-068). The Notice itself provides that whether an instrument is a governmental order "is determined without regard to the level of enforcement." An instrument enforced by fine, licensure, Medicare termination or OSHA citation is not a recommendation, and the position that it is misdescribes every instrument this analysis names.

Read the full answer to sentence 13 and the record behind it →

Sentence 14: 14. The ordinary meaning of "order"

"Order" must be given its ordinary meaning.

Agreed. An "order" is "An authoritative indication to be obeyed; a command or direction," and the United States agreed in Tri-State that the clause is read by "plain meaning." Every instrument in the findings below is a command from a competent authority to hospitals, or to those on whom hospitals depend, to do or refrain from doing something on pain of sanction: "shall postpone," "are suspended," "I hereby prohibit," "must report," "shall reduce by fifty percent (50%)," "shall continuously require personnel to be fully vaccinated," "this section applies to all settings." That is the ordinary meaning, and it is satisfied.

The Service is free to disagree about the weight of these instruments. It is not free to say they did not exist.

Read the full answer to sentence 14 and the record behind it →

10. Exhibit list

Every instrument cited in this report, by exhibit identifier: 428 records, of which The COVID Project holds the document for 375. 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-001	Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency, 85 Fed. Reg. 22024 (Apr. 21…	Roger T. Severino, Director, Office for Civil Rights, HHS	Mar. 17, 2020	Roger T. Severino, Director, Office for Civil Rights, HHS, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency, 85 Fed. Reg. 22024 (Apr. 21, 2020) (Mar. 17, 2020) (Ex. AGY-FED-HEALTH-OTHER-001)	/library/AGY-FED-HEALTH-OTHER-001	/exhibit/AGY-FED-HEALTH-OTHER-001
Ex. AK-031	Addendum No. 1 to the COVID-19 Public Health Emergency Order (Crisis Standards of Care)	Adam Crum, Commissioner, DHSS	Sept. 21, 2021	Adam Crum, Commissioner, DHSS, Addendum No. 1 to the COVID-19 Public Health Emergency Order (Crisis Standards of Care) (Sept. 21, 2021) (Ex. AK-031)	/library/AK-031	/exhibit/AK-031
Ex. AL-052	Proclamation by the Governor: State of Emergency (COVID-19), August 13, 2021	Governor Kay Ivey	Aug. 13, 2021	Governor Kay Ivey, Proclamation by the Governor: State of Emergency (COVID-19), August 13, 2021 (Aug. 13, 2021) (Ex. AL-052)	/library/AL-052	/exhibit/AL-052
Ex. AZ-015	Executive Order 2020-32	Governor Douglas A. Ducey	Apr. 22, 2020	Governor Douglas A. Ducey, Executive Order 2020-32 (Apr. 22, 2020) (Ex. AZ-015)	/library/AZ-015	/exhibit/AZ-015
Ex. CA-030	State Public Health Officer Order of August 5, 2021 (Health Care Worker Vaccine Requirement)	State Public Health Officer Tomas J. Aragon	Aug. 5, 2021	State Public Health Officer Tomas J. Aragon, State Public Health Officer Order of August 5, 2021 (Health Care Worker Vaccine Requirement) (Aug. 5, 2021) (Ex. CA-030)	/library/CA-030	/exhibit/CA-030
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. CT-052	DPH Order: Conditions and Environments Requiring Universal Masking for the Prevention of COVID-19	Department of Public Health (Acting Commissioner Deidre S. Gifford)	Aug. 7, 2021	Department of Public Health (Acting Commissioner Deidre S. Gifford), DPH Order: Conditions and Environments Requiring Universal Masking for the Prevention of COVID-19 (Aug. 7, 2021) (Ex. CT-052)	/library/CT-052	/exhibit/CT-052
Ex. DC-075	COVID Situational Update Presentation, August 16, 2021	Mayor Muriel Bowser and DC Health	Aug. 16, 2021	Mayor Muriel Bowser and DC Health, COVID Situational Update Presentation, August 16, 2021 (Aug. 16, 2021) (Ex. DC-075)	/library/DC-075	/exhibit/DC-075
Ex. DE-047	Emergency Secretary's Order amending 16 DE Admin. Code 4407, Hospital Standards (Construction, Maintenance, and Operation), §§ 6.4-6.5	Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality)	Sept. 10, 2021	Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality), Emergency Secretary's Order amending 16 DE Admin. Code 4407, Hospital Standards (Construction, Maintenance, and Operation), §§ 6.4-6.5 (Sept. 10, 2021) (Ex. DE-047)	/library/DE-047	/exhibit/DE-047
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-FED-024	42 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting)	Centers for Medicare & Medicaid Services (hospital condition of participation)	standing	Centers for Medicare & Medicaid Services (hospital condition of participation), 42 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting) (standing) (Ex. DUT-FED-024)	/library/DUT-FED-024	/exhibit/DUT-FED-024
Ex. DUT-FL-008	Statute: Fla. Stat. § 252.50 (2020)	Florida Legislature (codified statute)	standing	Florida Legislature (codified statute), Statute: Fla. Stat. § 252.50 (2020) (standing) (Ex. DUT-FL-008)	/library/DUT-FL-008	/exhibit/DUT-FL-008
Ex. DUT-FL-012	Chapter 2021-1, Laws of Florida (SB 72), § 1, creating Fla. Stat. § 768.38	Florida Legislature (SB 72), approved by Governor Ron DeSantis	standing	Florida Legislature (SB 72), approved by Governor Ron DeSantis, Chapter 2021-1, Laws of Florida (SB 72), § 1, creating Fla. Stat. § 768.38 (standing) (Ex. DUT-FL-012)	/library/DUT-FL-012	/exhibit/DUT-FL-012
Ex. DUT-NH-010	RSA 21-P:47	New Hampshire General Court	standing	New Hampshire General Court, RSA 21-P:47 (standing) (Ex. DUT-NH-010)	/library/DUT-NH-010	/exhibit/DUT-NH-010
Ex. DUT-NH-014	RSA 21-P:41	New Hampshire General Court	standing	New Hampshire General Court, RSA 21-P:41 (standing) (Ex. DUT-NH-014)	/library/DUT-NH-014	/exhibit/DUT-NH-014
Ex. DUT-NJ-006	Civilian Defense and Disaster Control Act, N.J.S.A. App. A:9-33 to -63, including A:9-34 (emergency powers), A:9-40 (duty of officials to cooperate; no rule at…	New Jersey Legislature (L.1942, c. 251, as amended); compilation published by the New Jersey Office of Emergency Management (Division of State Police, Department of Law and Public Safety)	standing	New Jersey Legislature (L.1942, c. 251, as amended); compilation published by the New Jersey Office of Emergency Management (Division of State Police, Department of Law and Public Safety), Civilian Defense and Disaster Control Act, N.J.S.A. App. A:9-33 to -63, including A:9-34 (emergency powers), A:9-40 (duty of officials to cooperate; no rule at variance), A:9-45 (orders, rules and regulations 'binding upon each and every person within this State'), A:9-49 (violations as disorderly conduct; penalty), A:9-50 (aiding or abetting), A:9-51 (extraordinary emergencies) (standing) (Ex. DUT-NJ-006)	/library/DUT-NJ-006	/exhibit/DUT-NJ-006
Ex. DUT-NY-001	N.Y. Public Health Law § 12 (violations of health laws or regulations; penalties and injunctions)	New York State Legislature (Public Health Law, article 1, title 2)	standing	New York State Legislature (Public Health Law, article 1, title 2), N.Y. Public Health Law § 12 (violations of health laws or regulations; penalties and injunctions) (standing) (Ex. DUT-NY-001)	/library/DUT-NY-001	/exhibit/DUT-NY-001
Ex. DUT-NY-002	N.Y. Public Health Law § 12-b (wilful violation of health laws)	New York State Legislature (Public Health Law, article 1, title 2)	standing	New York State Legislature (Public Health Law, article 1, title 2), N.Y. Public Health Law § 12-b (wilful violation of health laws) (standing) (Ex. DUT-NY-002)	/library/DUT-NY-002	/exhibit/DUT-NY-002
Ex. DUT-OH-004	Statute (effective September 10, 2012, Am. Sub. H.B. 487, 129th G.A.)	General Assembly of Ohio (Ohio Revised Code, Chapter 3701)	standing	General Assembly of Ohio (Ohio Revised Code, Chapter 3701), Statute (effective September 10, 2012, Am. Sub. H.B. 487, 129th G.A.) (standing) (Ex. DUT-OH-004)	/library/DUT-OH-004	/exhibit/DUT-OH-004
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-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. ECO-B-056	MDH Order No. 2021-08-18-01, Amended Vaccination Matters Order (hospital staff)	Maryland Department of Health (Secretary Dennis R. Schrader)	Aug. 18, 2021	Maryland Department of Health (Secretary Dennis R. Schrader), MDH Order No. 2021-08-18-01, Amended Vaccination Matters Order (hospital staff) (Ex. ECO-B-056)	/library/ECO-B-056	/exhibit/ECO-B-056
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-236	Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 58218 (Oct. 21, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Oct. 21, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 58218 (Oct. 21, 2021) (Ex. FED-236)	/library/FED-236	/exhibit/FED-236
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-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-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. IA-011	Proclamation of Disaster Emergency (conditional resumption of surgeries; farmers markets)	Governor Kim Reynolds	Apr. 24, 2020	Governor Kim Reynolds, Proclamation of Disaster Emergency (conditional resumption of surgeries; farmers markets) (Apr. 24, 2020) (Ex. IA-011)	/library/IA-011	/exhibit/IA-011
Ex. IN-071	Executive Order 21-24	Governor Eric J. Holcomb	Sept. 1, 2021	Governor Eric J. Holcomb, Executive Order 21-24 (Sept. 1, 2021) (Ex. IN-071)	/library/IN-071	/exhibit/IN-071
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-340	RCW 43.06.220		Jan. 1, 2021	RCW 43.06.220 (Jan. 1, 2021) (Ex. LAW-340)	/library/LAW-340	/exhibit/LAW-340
Ex. MA-050	Order of the Commissioner of Public Health Regarding Face Coverings to be Worn in Certain Settings	Commissioner of Public Health Monica Bharel, with the approval of the Public Health Council and the Governor	May 28, 2021	Commissioner of Public Health Monica Bharel, with the approval of the Public Health Council and the Governor, Order of the Commissioner of Public Health Regarding Face Coverings to be Worn in Certain Settings (May 28, 2021) (Ex. MA-050)	/library/MA-050	/exhibit/MA-050
Ex. NC-068	NCDHHS letter to hospital and ambulatory surgery center leaders, March 20, 2020	Secretary of Health and Human Services Mandy Cohen	Mar. 20, 2020	Secretary of Health and Human Services Mandy Cohen, NCDHHS letter to hospital and ambulatory surgery center leaders, March 20, 2020 (Mar. 20, 2020) (Ex. NC-068)	/library/NC-068	/exhibit/NC-068
Ex. NE-068	Executive Order 21-12	Governor Pete Ricketts	Aug. 26, 2021	Governor Pete Ricketts, Executive Order 21-12 (Aug. 26, 2021) (Ex. NE-068)	/library/NE-068	/exhibit/NE-068
Ex. NH-051	Guiding Principles for Responsibly Resuming Health Care Services	New Hampshire Hospital Association, adopted as State reopening guidance (Governor's Economic Re-Opening Task Force)	May 4, 2020	New Hampshire Hospital Association, adopted as State reopening guidance (Governor's Economic Re-Opening Task Force), Guiding Principles for Responsibly Resuming Health Care Services (May 4, 2020) (Ex. NH-051)	/library/NH-051	/exhibit/NH-051
Ex. NJ-006	Executive Order No. 109 (2020)	Governor Philip D. Murphy	Mar. 23, 2020	Governor Philip D. Murphy, Executive Order No. 109 (2020) (Mar. 23, 2020) (Ex. NJ-006)	/library/NJ-006	/exhibit/NJ-006
Ex. NJ-016	Executive Order No. 145 (2020)	Governor Philip D. Murphy	May 15, 2020	Governor Philip D. Murphy, Executive Order No. 145 (2020) (May 15, 2020) (Ex. NJ-016)	/library/NJ-016	/exhibit/NJ-016
Ex. NJ-056	New Jersey EO 252 (Aug. 6, 2021) and EO 264 (Sept. 20, 2021)	Governor Philip D. Murphy	Aug. 6, 2021	Governor Philip D. Murphy, New Jersey EO 252 (Aug. 6, 2021) and EO 264 (Sept. 20, 2021) (Ex. NJ-056)	/library/NJ-056	/exhibit/NJ-056
Ex. NJ-064	Department of Health directive, Hospital Discharges and Admissions to Post-Acute Care Settings	Judith M. Persichilli, Commissioner of Health	Mar. 31, 2020	Judith M. Persichilli, Commissioner of Health, Department of Health directive, Hospital Discharges and Admissions to Post-Acute Care Settings (Mar. 31, 2020) (Ex. NJ-064)	/library/NJ-064	/exhibit/NJ-064
Ex. NM-071	Amended Public Health Emergency Order Requiring All School Workers Comply with Certain Health Requirements and Requiring Congregate Care Facility Workers…	Acting Secretary of Health David R. Scrase, M.D.	Sept. 15, 2021	Acting Secretary of Health David R. Scrase, M.D, Amended Public Health Emergency Order Requiring All School Workers Comply with Certain Health Requirements and Requiring Congregate Care Facility Workers, Hospital Workers, and Employees of the Office of the Governor Be Fully Vaccinated (Sept. 15, 2021) (Ex. NM-071)	/library/NM-071	/exhibit/NM-071
Ex. NY-071	10 NYCRR 2.61 (Prevention of COVID-19 Transmission by Covered Entities), emergency rule I.D. No. HLT-37-21-00003-E, Filing No. 946, filed and effective Aug. 26…	New York State Department of Health / Public Health and Health Planning Council (New York State Register, Sept. 15, 2021, Vol. XLIII, Issue 37)	Aug. 26, 2021	New York State Department of Health / Public Health and Health Planning Council (New York State Register, Sept. 15, 2021, Vol. XLIII, Issue 37), 10 NYCRR 2.61 (Prevention of COVID-19 Transmission by Covered Entities), emergency rule I.D. No. HLT-37-21-00003-E, Filing No. 946, filed and effective Aug. 26, 2021 (Ex. NY-071)	/library/NY-071	/exhibit/NY-071
Ex. NY-073	Commissioner's Determination on Indoor Masking Pursuant to 10 NYCRR 2.60	Commissioner of Health Howard A. Zucker, M.D., J.D.	Aug. 27, 2021	Commissioner of Health Howard A. Zucker, M.D., J.D, Commissioner's Determination on Indoor Masking Pursuant to 10 NYCRR 2.60 (Aug. 27, 2021) (Ex. NY-073)	/library/NY-073	/exhibit/NY-073
Ex. NY-074	Commissioner's Determination on Indoor Masking Pursuant to 10 NYCRR 2.61	Commissioner of Health Howard A. Zucker, M.D., J.D.	Aug. 27, 2021	Commissioner of Health Howard A. Zucker, M.D., J.D, Commissioner's Determination on Indoor Masking Pursuant to 10 NYCRR 2.61 (Aug. 27, 2021) (Ex. NY-074)	/library/NY-074	/exhibit/NY-074
Ex. OH-019	Director's Stay Safe Ohio Order	Amy Acton, MD, MPH, Director, Ohio Department of Health	Apr. 30, 2020	Amy Acton, MD, MPH, Director, Ohio Department of Health, Director's Stay Safe Ohio Order (Apr. 30, 2020) (Ex. OH-019)	/library/OH-019	/exhibit/OH-019
Ex. OR-046	OAR 333-019-1010 (PH 34-2021)	Oregon Health Authority, Public Health Division (Temporary Administrative Order PH 34-2021)	Aug. 5, 2021	Oregon Health Authority, Public Health Division (Temporary Administrative Order PH 34-2021), OAR 333-019-1010 (PH 34-2021) (Aug. 5, 2021) (Ex. OR-046)	/library/OR-046	/exhibit/OR-046
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. PA-041	Amendment of the Order of the Secretary Requiring Hospitals to Make Daily Reports of Specified Data Regarding Supplies and Equipment (vaccination status of…	Acting Secretary of Health Alison V. Beam	Aug. 13, 2021	Acting Secretary of Health Alison V. Beam, Amendment of the Order of the Secretary Requiring Hospitals to Make Daily Reports of Specified Data Regarding Supplies and Equipment (vaccination status of admitted patients; PA-NEDSS hospitalization reporting) (Aug. 13, 2021) (Ex. PA-041)	/library/PA-041	/exhibit/PA-041
Ex. RI-058	Executive Order 21-91	Governor Daniel J. McKee	Aug. 26, 2021	Governor Daniel J. McKee, Executive Order 21-91 (Aug. 26, 2021) (Ex. RI-058)	/library/RI-058	/exhibit/RI-058
Ex. RI-072	216-RICR-20-15-8 (emergency regulation)	Rhode Island Department of Health	Aug. 17, 2021	Rhode Island Department of Health, 216-RICR-20-15-8 (emergency regulation) (Aug. 17, 2021) (Ex. RI-072)	/library/RI-072	/exhibit/RI-072
Ex. SEC-01-001	Occupational Exposure to COVID-19; Emergency Temporary Standard (Healthcare), 29 C.F.R. part 1910, subpart U, 1910.502-1910.509	Occupational Safety and Health Administration, U.S. Department of Labor	June 21, 2021	Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard (Healthcare), 29 C.F.R. part 1910, subpart U, 1910.502-1910.509 (June 21, 2021) (Ex. SEC-01-001)	/library/SEC-01-001	/exhibit/SEC-01-001
Ex. SEC-01-002	Direction DIR 2021-02 (CPL 02)	OSHA	June 28, 2021	OSHA, Direction DIR 2021-02 (CPL 02) (June 28, 2021) (Ex. SEC-01-002)	/library/SEC-01-002	/exhibit/SEC-01-002
Ex. SEC-01-003	Direction DIR 2021-03 (CPL 03)	OSHA	July 7, 2021	OSHA, Direction DIR 2021-03 (CPL 03) (July 7, 2021) (Ex. SEC-01-003)	/library/SEC-01-003	/exhibit/SEC-01-003
Ex. SEC-01-004	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)…	Centers for Medicare & Medicaid Services, HHS	Aug. 25, 2020	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)	/library/SEC-01-004	/exhibit/SEC-01-004
Ex. SEC-01-006	QSO-20-13-Hospitals-CAHs (REVISED)	CMS, Quality, Safety & Oversight Group	Mar. 4, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-13-Hospitals-CAHs (REVISED) (Mar. 4, 2020) (Ex. SEC-01-006)	/library/SEC-01-006	/exhibit/SEC-01-006
Ex. SEC-01-007	CMS Adult Elective Surgery and Procedures Recommendations (press release and tiered recommendations)	CMS	Mar. 18, 2020	CMS, CMS Adult Elective Surgery and Procedures Recommendations (press release and tiered recommendations) (Mar. 18, 2020) (Ex. SEC-01-007)	/library/SEC-01-007	/exhibit/SEC-01-007
Ex. SEC-01-008	Non-Emergent, Elective Medical Services, and Treatment Recommendations	CMS	Apr. 7, 2020	CMS, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Apr. 7, 2020) (Ex. SEC-01-008)	/library/SEC-01-008	/exhibit/SEC-01-008
Ex. SEC-01-009	Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I	CMS	Apr. 19, 2020	CMS, Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020) (Ex. SEC-01-009)	/library/SEC-01-009	/exhibit/SEC-01-009
Ex. SEC-01-010	COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (hospitals: Hospitals Without Walls; EMTALA; verbal orders; discharge planning; medical…	CMS	Mar. 30, 2020	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)	/library/SEC-01-010	/exhibit/SEC-01-010
Ex. SEC-01-011	Renewal of Determination that a Public Health Emergency Exists (July 19, 2021, effective July 20, 2021)	Secretary of HHS	July 19, 2021	Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (July 19, 2021, effective July 20, 2021) (Ex. SEC-01-011)	/library/SEC-01-011
Ex. SEC-01-013	Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use, 44 C.F.R. part 328, 85 Fed.…	FEMA, Department of Homeland Security	Apr. 10, 2020	FEMA, Department of Homeland Security, Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use, 44 C.F.R. part 328, 85 Fed. Reg. 20195 (Apr. 10, 2020) (Ex. SEC-01-013)	/library/SEC-01-013	/exhibit/SEC-01-013
Ex. SEC-01-014	Executive Order 13909	President	Mar. 18, 2020	President, Executive Order 13909 (Mar. 18, 2020) (Ex. SEC-01-014)	/library/SEC-01-014	/exhibit/SEC-01-014
Ex. SEC-01-015	Executive Order 13910	President	Mar. 23, 2020	President, Executive Order 13910 (Mar. 23, 2020) (Ex. SEC-01-015)	/library/SEC-01-015	/exhibit/SEC-01-015
Ex. SEC-01-016	Executive Order 14042	President	Sept. 9, 2021	President, Executive Order 14042 (Sept. 9, 2021) (Ex. SEC-01-016)	/library/SEC-01-016	/exhibit/SEC-01-016
Ex. SEC-01-017	CMS press release, Biden-Harris Administration to Expand Vaccination Requirements for Health Care Settings	CMS	Sept. 9, 2021	CMS, CMS press release, Biden-Harris Administration to Expand Vaccination Requirements for Health Care Settings (Sept. 9, 2021) (Ex. SEC-01-017)	/library/SEC-01-017	/exhibit/SEC-01-017
Ex. SEC-01-019	Determination that a Public Health Emergency Exists (Jan. 31, 2020, effective Jan. 27, 2020) and renewals (Apr. 21, July 23, Oct. 2, 2020; Jan. 7, Apr. 15, July…	Secretary of HHS	Jan. 31, 2020	Secretary of HHS, Determination that a Public Health Emergency Exists (Jan. 31, 2020, effective Jan. 27, 2020) and renewals (Apr. 21, July 23, Oct. 2, 2020; Jan. 7, Apr. 15, July 19, Oct. 15, 2021) (Ex. SEC-01-019)	/library/SEC-01-019
Ex. SEC-01-020	CMS press release, Biden-Harris Administration Takes Additional Action to Protect America's Nursing Home Residents from COVID-19	CMS	Aug. 18, 2021	CMS, CMS press release, Biden-Harris Administration Takes Additional Action to Protect America's Nursing Home Residents from COVID-19 (Aug. 18, 2021) (Ex. SEC-01-020)	/library/SEC-01-020	/exhibit/SEC-01-020
Ex. SEC-01-022	Executive Order 13911	President	Mar. 27, 2020	President, Executive Order 13911 (Mar. 27, 2020) (Ex. SEC-01-022)	/library/SEC-01-022	/exhibit/SEC-01-022
Ex. SEC-01-030	COVID-19: Executive Orders by State on Dental, Medical, and Surgical Procedures (as updated April 21, 2020; Wayback capture May 1, 2020)	American College of Surgeons (secondary source)	Apr. 21, 2020	American College of Surgeons (secondary source), COVID-19: Executive Orders by State on Dental, Medical, and Surgical Procedures (as updated April 21, 2020; Wayback capture May 1, 2020) (Apr. 21, 2020) (Ex. SEC-01-030)	/library/SEC-01-030	/exhibit/SEC-01-030
Ex. SEC-01-031	COVID-19: Executive Orders by State on Dental, Medical, and Surgical Procedures (as updated June 8, 2020; Wayback capture Dec. 3, 2020)	American College of Surgeons (secondary source)	June 8, 2020	American College of Surgeons (secondary source), COVID-19: Executive Orders by State on Dental, Medical, and Surgical Procedures (as updated June 8, 2020; Wayback capture Dec. 3, 2020) (Ex. SEC-01-031)	/library/SEC-01-031	/exhibit/SEC-01-031
Ex. SEC-01-040	Executive Order 202.10	Governor Andrew M. Cuomo	Mar. 23, 2020	Governor Andrew M. Cuomo, Executive Order 202.10 (Mar. 23, 2020) (Ex. SEC-01-040)	/library/SEC-01-040	/exhibit/SEC-01-040
Ex. SEC-01-041	Executive Order 202.25	Governor Andrew M. Cuomo	Apr. 29, 2020	Governor Andrew M. Cuomo, Executive Order 202.25 (Apr. 29, 2020) (Ex. SEC-01-041)	/library/SEC-01-041	/exhibit/SEC-01-041
Ex. SEC-01-042	Executive Order No. 109 (2020)	Governor Philip D. Murphy	Mar. 23, 2020	Governor Philip D. Murphy, Executive Order No. 109 (2020) (Mar. 23, 2020) (Ex. SEC-01-042)	/library/SEC-01-042	/exhibit/SEC-01-042
Ex. SEC-01-043	Executive Order No. 145 (2020)	Governor Philip D. Murphy	May 15, 2020	Governor Philip D. Murphy, Executive Order No. 145 (2020) (May 15, 2020) (Ex. SEC-01-043)	/library/SEC-01-043	/exhibit/SEC-01-043
Ex. SEC-01-044	Executive Order No. 252 (2021)	Governor Philip D. Murphy	Aug. 6, 2021	Governor Philip D. Murphy, Executive Order No. 252 (2021) (Aug. 6, 2021) (Ex. SEC-01-044)	/library/SEC-01-044	/exhibit/SEC-01-044
Ex. SEC-01-045	Executive Order GA-09	Governor Greg Abbott	Mar. 22, 2020	Governor Greg Abbott, Executive Order GA-09 (Mar. 22, 2020) (Ex. SEC-01-045)	/library/SEC-01-045	/exhibit/SEC-01-045
Ex. SEC-01-046	Executive Order GA-15	Governor Greg Abbott	Apr. 17, 2020	Governor Greg Abbott, Executive Order GA-15 (Apr. 17, 2020) (Ex. SEC-01-046)	/library/SEC-01-046	/exhibit/SEC-01-046
Ex. SEC-01-047	Executive Order GA-19	Governor Greg Abbott	Apr. 27, 2020	Governor Greg Abbott, Executive Order GA-19 (Apr. 27, 2020) (Ex. SEC-01-047)	/library/SEC-01-047	/exhibit/SEC-01-047
Ex. SEC-01-048	Executive Order GA-27	Governor Greg Abbott	June 25, 2020	Governor Greg Abbott, Executive Order GA-27 (June 25, 2020) (Ex. SEC-01-048)	/library/SEC-01-048	/exhibit/SEC-01-048
Ex. SEC-01-049	Executive Order GA-31	Governor Greg Abbott	Sept. 17, 2020	Governor Greg Abbott, Executive Order GA-31 (Sept. 17, 2020) (Ex. SEC-01-049)	/library/SEC-01-049	/exhibit/SEC-01-049
Ex. SEC-01-050	Executive Order GA-32	Governor Greg Abbott	Oct. 7, 2020	Governor Greg Abbott, Executive Order GA-32 (Oct. 7, 2020) (Ex. SEC-01-050)	/library/SEC-01-050	/exhibit/SEC-01-050
Ex. SEC-01-051	Executive Order GA-38	Governor Greg Abbott	July 29, 2021	Governor Greg Abbott, Executive Order GA-38 (July 29, 2021) (Ex. SEC-01-051)	/library/SEC-01-051	/exhibit/SEC-01-051
Ex. SEC-01-052	Executive Order GA-39	Governor Greg Abbott	Aug. 25, 2021	Governor Greg Abbott, Executive Order GA-39 (Aug. 25, 2021) (Ex. SEC-01-052)	/library/SEC-01-052	/exhibit/SEC-01-052
Ex. SEC-01-053	Proclamation 20-24	Governor Jay Inslee	Mar. 19, 2020	Governor Jay Inslee, Proclamation 20-24 (Mar. 19, 2020) (Ex. SEC-01-053)	/library/SEC-01-053	/exhibit/SEC-01-053
Ex. SEC-01-054	Proclamation 20-24.1	Governor Jay Inslee	May 18, 2020	Governor Jay Inslee, Proclamation 20-24.1 (May 18, 2020) (Ex. SEC-01-054)	/library/SEC-01-054
Ex. SEC-01-055	Proclamation 21-14	Governor Jay Inslee	Aug. 9, 2021	Governor Jay Inslee, Proclamation 21-14 (Aug. 9, 2021) (Ex. SEC-01-055)	/library/SEC-01-055	/exhibit/SEC-01-055
Ex. SEC-01-056	Proclamation 21-14.1	Governor Jay Inslee	Aug. 20, 2021	Governor Jay Inslee, Proclamation 21-14.1 (Aug. 20, 2021) (Ex. SEC-01-056)	/library/SEC-01-056	/exhibit/SEC-01-056
Ex. SEC-01-057	Hospital Surge Public Health Order	State Public Health Officer (CDPH)	Dec. 17, 2020	State Public Health Officer (CDPH), Hospital Surge Public Health Order (Dec. 17, 2020) (Ex. SEC-01-057)	/library/SEC-01-057
Ex. SEC-01-058	State Public Health Officer Order of August 5, 2021 (Health Care Worker Vaccine Requirement)	State Public Health Officer (Tomas J. Aragon), CDPH	Aug. 5, 2021	State Public Health Officer (Tomas J. Aragon), CDPH, State Public Health Officer Order of August 5, 2021 (Health Care Worker Vaccine Requirement) (Aug. 5, 2021) (Ex. SEC-01-058)	/library/SEC-01-058	/exhibit/SEC-01-058
Ex. SEC-01-059	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-01-059)	/library/SEC-01-059	/exhibit/SEC-01-059
Ex. SEC-01-060	State Public Health Officer Order of August 5, 2021 (Requirements for Visitors in Acute Health Care and Long-Term Care Settings)	State Public Health Officer, CDPH	Aug. 5, 2021	State Public Health Officer, CDPH, State Public Health Officer Order of August 5, 2021 (Requirements for Visitors in Acute Health Care and Long-Term Care Settings) (Aug. 5, 2021) (Ex. SEC-01-060)	/library/SEC-01-060	/exhibit/SEC-01-060
Ex. SEC-01-061	Executive Order 2020-10	Governor Douglas A. Ducey	Mar. 19, 2020	Governor Douglas A. Ducey, Executive Order 2020-10 (Mar. 19, 2020) (Ex. SEC-01-061)	/library/SEC-01-061	/exhibit/SEC-01-061
Ex. SEC-01-063	Executive Order 2020-32	Governor Douglas A. Ducey	Apr. 22, 2020	Governor Douglas A. Ducey, Executive Order 2020-32 (Apr. 22, 2020) (Ex. SEC-01-063)	/library/SEC-01-063
Ex. SEC-01-064	Executive Order 20-72	Governor Ron DeSantis	Mar. 20, 2020	Governor Ron DeSantis, Executive Order 20-72 (Mar. 20, 2020) (Ex. SEC-01-064)	/library/SEC-01-064	/exhibit/SEC-01-064
Ex. SEC-01-065	Executive Order 20-112	Governor Ron DeSantis	Apr. 29, 2020	Governor Ron DeSantis, Executive Order 20-112 (Apr. 29, 2020) (Ex. SEC-01-065)	/library/SEC-01-065	/exhibit/SEC-01-065
Ex. SEC-01-066	Emergency Executive Order 20-09	Governor Tim Walz	Mar. 19, 2020	Governor Tim Walz, Emergency Executive Order 20-09 (Mar. 19, 2020) (Ex. SEC-01-066)	/library/SEC-01-066	/exhibit/SEC-01-066
Ex. SEC-01-067	Emergency Executive Order 20-51	Governor Tim Walz	May 5, 2020	Governor Tim Walz, Emergency Executive Order 20-51 (May 5, 2020) (Ex. SEC-01-067)	/library/SEC-01-067	/exhibit/SEC-01-067
Ex. SEC-01-068	Executive Order 20-10	Governor Kate Brown	Mar. 19, 2020	Governor Kate Brown, Executive Order 20-10 (Mar. 19, 2020) (Ex. SEC-01-068)	/library/SEC-01-068	/exhibit/SEC-01-068
Ex. SEC-01-069	Executive Order 20-22	Governor Kate Brown	Apr. 27, 2020	Governor Kate Brown, Executive Order 20-22 (Apr. 27, 2020) (Ex. SEC-01-069)	/library/SEC-01-069	/exhibit/SEC-01-069
Ex. SEC-01-070	10 NYCRR 2.61 (emergency regulation adopted Aug. 26, 2021)	Public Health and Health Planning Council and Commissioner of Health (Department of Health)	Aug. 26, 2021	Public Health and Health Planning Council and Commissioner of Health (Department of Health), 10 NYCRR 2.61 (emergency regulation adopted Aug. 26, 2021) (Ex. SEC-01-070)	/library/SEC-01-070	/exhibit/SEC-01-070
Ex. SEC-01-071	Order of the Commissioner of Public Health (March 15, 2020) (elective procedures)	Commissioner of Public Health (Department of Public Health), with the approval of the Public Health Council and the Governor	Mar. 15, 2020	Commissioner of Public Health (Department of Public Health), with the approval of the Public Health Council and the Governor, Order of the Commissioner of Public Health (March 15, 2020) (elective procedures) (Mar. 15, 2020) (Ex. SEC-01-071)	/library/SEC-01-071	/exhibit/SEC-01-071
Ex. SEC-01-072	Order of the Commissioner of Public Health (May 18, 2020) (resumption of urgent elective invasive procedures by attested providers)	Commissioner of Public Health	May 18, 2020	Commissioner of Public Health, Order of the Commissioner of Public Health (May 18, 2020) (resumption of urgent elective invasive procedures by attested providers) (Ex. SEC-01-072)	/library/SEC-01-072
Ex. SEC-01-073	Executive Order No. 18	Governor Bill Lee	Mar. 23, 2020	Governor Bill Lee, Executive Order No. 18 (Mar. 23, 2020) (Ex. SEC-01-073)	/library/SEC-01-073	/exhibit/SEC-01-073
Ex. SEC-01-074	Executive Order No. 25	Governor Bill Lee	Apr. 8, 2020	Governor Bill Lee, Executive Order No. 25 (Apr. 8, 2020) (Ex. SEC-01-074)	/library/SEC-01-074	/exhibit/SEC-01-074
Ex. SEC-01-075	Executive Order No. 83	Governor Bill Lee	Aug. 6, 2021	Governor Bill Lee, Executive Order No. 83 (Aug. 6, 2021) (Ex. SEC-01-075)	/library/SEC-01-075	/exhibit/SEC-01-075
Ex. SEC-01-076	Executive Order 20-13	Governor Eric J. Holcomb	Mar. 30, 2020	Governor Eric J. Holcomb, Executive Order 20-13 (Mar. 30, 2020) (Ex. SEC-01-076)	/library/SEC-01-076
Ex. SEC-01-077	Director's Order for the Management of Non-Essential Surgeries and Procedures throughout Ohio	Director of Health Amy Acton (Ohio Department of Health)	Mar. 17, 2020	Director of Health Amy Acton (Ohio Department of Health), Director's Order for the Management of Non-Essential Surgeries and Procedures throughout Ohio (Mar. 17, 2020) (Ex. SEC-01-077)	/library/SEC-01-077
Ex. SEC-01-078	Executive Order 2021-20	Governor JB Pritzker	Aug. 26, 2021	Governor JB Pritzker, Executive Order 2021-20 (Aug. 26, 2021) (Ex. SEC-01-078)	/library/SEC-01-078	/exhibit/SEC-01-078
Ex. SEC-01-079	Executive Order 2021-22	Governor JB Pritzker	Sept. 3, 2021	Governor JB Pritzker, Executive Order 2021-22 (Sept. 3, 2021) (Ex. SEC-01-079)	/library/SEC-01-079	/exhibit/SEC-01-079
Ex. SEC-01-080	Addendum 3 to Executive Order 01-20	Governor Philip B. Scott	Mar. 20, 2020	Governor Philip B. Scott, Addendum 3 to Executive Order 01-20 (Mar. 20, 2020) (Ex. SEC-01-080)	/library/SEC-01-080	/exhibit/SEC-01-080
Ex. SEC-01-081	House Bill 702 (2021)	Montana Legislature (Governor Greg Gianforte signed)	May 7, 2021	Montana Legislature (Governor Greg Gianforte signed), House Bill 702 (2021) (May 7, 2021) (Ex. SEC-01-081)	/library/SEC-01-081	/exhibit/SEC-01-081
Ex. SEC-01-082	Senate Bill 2006 (2021), creating Fla. Stat. 381.00316	Florida Legislature (Governor DeSantis signed May 3, 2021)	May 3, 2021	Florida Legislature (Governor DeSantis signed May 3, 2021), Senate Bill 2006 (2021), creating Fla. Stat. 381.00316 (May 3, 2021) (Ex. SEC-01-082)	/library/SEC-01-082	/exhibit/SEC-01-082
Ex. SEC-01-083	Act 977 of 2021 (HB 1547)	Arkansas General Assembly (Act 977 of 2021)	Apr. 28, 2021	Arkansas General Assembly (Act 977 of 2021), Act 977 of 2021 (HB 1547) (Apr. 28, 2021) (Ex. SEC-01-083)	/library/SEC-01-083	/exhibit/SEC-01-083
Ex. SEC-01-084	Executive Order 05.25.21.01	Governor Brian P. Kemp	May 25, 2021	Governor Brian P. Kemp, Executive Order 05.25.21.01 (May 25, 2021) (Ex. SEC-01-084)	/library/SEC-01-084	/exhibit/SEC-01-084
Ex. SEC-01-085	216-RICR-20-15-8 (emergency regulation)	Rhode Island Department of Health (Director Nicole Alexander-Scott)	Aug. 17, 2021	Rhode Island Department of Health (Director Nicole Alexander-Scott), 216-RICR-20-15-8 (emergency regulation) (Aug. 17, 2021) (Ex. SEC-01-085)	/library/SEC-01-085	/exhibit/SEC-01-085
Ex. SEC-01-086	Executive Order 2020-17	Governor Gretchen Whitmer	Mar. 20, 2020	Governor Gretchen Whitmer, Executive Order 2020-17 (Mar. 20, 2020) (Ex. SEC-01-086)	/library/SEC-01-086	/exhibit/SEC-01-086
Ex. SEC-01-087	Executive Order 2020-07	Governor Gretchen Whitmer	Mar. 14, 2020	Governor Gretchen Whitmer, Executive Order 2020-07 (Mar. 14, 2020) (Ex. SEC-01-087)	/library/SEC-01-087	/exhibit/SEC-01-087
Ex. SEC-01-088	Executive Order 1470 (extending the Shelter in Place order and postponing non-essential procedures)	Governor Tate Reeves	Apr. 10, 2020	Governor Tate Reeves, Executive Order 1470 (extending the Shelter in Place order and postponing non-essential procedures) (Apr. 10, 2020) (Ex. SEC-01-088)	/library/SEC-01-088	/exhibit/SEC-01-088
Ex. SEC-01-089	Executive Order 2020-96	Governor Gretchen Whitmer	May 21, 2020	Governor Gretchen Whitmer, Executive Order 2020-96 (May 21, 2020) (Ex. SEC-01-089)	/library/SEC-01-089	/exhibit/SEC-01-089
Ex. SEC-01-090	Executive Order D 2020 045	Governor Jared Polis	Apr. 26, 2020	Governor Jared Polis, Executive Order D 2020 045 (Apr. 26, 2020) (Ex. SEC-01-090)	/library/SEC-01-090	/exhibit/SEC-01-090
Ex. SEC-01-091	Executive Order 20-22	Governor Eric J. Holcomb	Apr. 20, 2020	Governor Eric J. Holcomb, Executive Order 20-22 (Apr. 20, 2020) (Ex. SEC-01-091)	/library/SEC-01-091
Ex. SEC-01-092	Order of Public Health Emergency Two	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver	Mar. 25, 2020	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Order of Public Health Emergency Two (Mar. 25, 2020) (Ex. SEC-01-092)	/library/SEC-01-092
Ex. SEC-01-093	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 (Department of Health)	Nov. 23, 2020	Secretary of Health Rachel Levine (Department of Health), 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-01-093)	/library/SEC-01-093	/exhibit/SEC-01-093
Ex. SEC-01-094	Amendment (Jan. 27, 2021) to the Order of the Secretary Requiring Hospitals to Make Daily Reports of Specified Data Regarding Supplies and Equipment (Mar. 24…	Secretary of Health (Department of Health)	Jan. 27, 2021	Secretary of Health (Department of Health), Amendment (Jan. 27, 2021) to the Order of the Secretary Requiring Hospitals to Make Daily Reports of Specified Data Regarding Supplies and Equipment (Mar. 24, 2020), as amended July 10, 2020 (Ex. SEC-01-094)	/library/SEC-01-094	/exhibit/SEC-01-094
Ex. SEC-01-095	IDPH Guidance: Elective Surgery and Procedures (Apr. 24, 2020) (following IDPH's Mar. 19, 2020 direction to postpone)	Illinois Department of Public Health	Apr. 24, 2020	Illinois Department of Public Health, IDPH Guidance: Elective Surgery and Procedures (Apr. 24, 2020) (following IDPH's Mar. 19, 2020 direction to postpone) (Ex. SEC-01-095)	/library/SEC-01-095	/exhibit/SEC-01-095
Ex. SEC-01-096	Executive Order 2020-12	Governor Kristi Noem	Apr. 6, 2020	Governor Kristi Noem, Executive Order 2020-12 (Apr. 6, 2020) (Ex. SEC-01-096)	/library/SEC-01-096
Ex. SEC-01-097	10-144 C.M.R. ch. 264, Immunization Requirements for Healthcare Workers (emergency rule adopted Aug. 12, 2021)	Maine Department of Health and Human Services and Maine CDC	Aug. 12, 2021	Maine Department of Health and Human Services and Maine CDC, 10-144 C.M.R. ch. 264, Immunization Requirements for Healthcare Workers (emergency rule adopted Aug. 12, 2021) (Ex. SEC-01-097)	/library/SEC-01-097
Ex. SEC-01-100	Activation of Crisis Standards of Care in the Panhandle and North Central Health Districts (news release)	Idaho Department of Health and Welfare (Director Dave Jeppesen)	Sept. 7, 2021	Idaho Department of Health and Welfare (Director Dave Jeppesen), Activation of Crisis Standards of Care in the Panhandle and North Central Health Districts (news release) (Sept. 7, 2021) (Ex. SEC-01-100)	/library/SEC-01-100	/exhibit/SEC-01-100
Ex. SEC-01-101	Statewide activation of Crisis Standards of Care (news release Sept. 16, 2021)	Idaho Department of Health and Welfare	Sept. 16, 2021	Idaho Department of Health and Welfare, Statewide activation of Crisis Standards of Care (news release Sept. 16, 2021) (Ex. SEC-01-101)	/library/SEC-01-101
Ex. SEC-01-102	Amended Directive and Order Regarding Various Healthcare Matters (May 6, 2020)	Secretary of Health Robert R. Neall (Maryland Department of Health)	May 6, 2020	Secretary of Health Robert R. Neall (Maryland Department of Health), Amended Directive and Order Regarding Various Healthcare Matters (May 6, 2020) (Ex. SEC-01-102)	/library/SEC-01-102
Ex. SEC-01-103	Executive Order 20-03-23-01	Governor Lawrence J. Hogan, Jr.	Mar. 23, 2020	Governor Lawrence J. Hogan, Jr, Executive Order 20-03-23-01 (Mar. 23, 2020) (Ex. SEC-01-103)	/library/SEC-01-103	/exhibit/SEC-01-103
Ex. SEC-01-104	Order of the State Health Officer Suspending Certain Public Gatherings Due to Risk of Infection by COVID-19 (Mar. 19, 2020, amended Mar. 27, Apr. 3, 2020; Safer…	State Health Officer Scott Harris (Alabama Department of Public Health)	Mar. 27, 2020	State Health Officer Scott Harris (Alabama Department of Public Health), Order of the State Health Officer Suspending Certain Public Gatherings Due to Risk of Infection by COVID-19 (Mar. 19, 2020, amended Mar. 27, Apr. 3, 2020; Safer at Home Apr. 28, 2020) (Mar. 27, 2020) (Ex. SEC-01-104)	/library/SEC-01-104
Ex. SEC-01-105	Proclamation of Disaster Emergency (Mar. 26, 2020), section on nonessential surgeries; Proclamation of Apr. 24, 2020 (effective Apr. 27)	Governor Kim Reynolds	Mar. 26, 2020	Governor Kim Reynolds, Proclamation of Disaster Emergency (Mar. 26, 2020), section on nonessential surgeries; Proclamation of Apr. 24, 2020 (effective Apr. 27) (Ex. SEC-01-105)	/library/SEC-01-105
Ex. SEC-01-106	Proclamation Number 33 JBE 2020 (Stay at Home Order)	Governor John Bel Edwards	Mar. 22, 2020	Governor John Bel Edwards, Proclamation Number 33 JBE 2020 (Stay at Home Order) (Mar. 22, 2020) (Ex. SEC-01-106)	/library/SEC-01-106	/exhibit/SEC-01-106
Ex. SEC-01-107	Directed Health Measure Order 2020-011 (consolidated: Cass, Douglas and Sarpy Counties, with statewide sections II and III)	Nebraska Department of Health and Human Services (Chief Medical Officer/Director of Public Health Gary Anthone)	Apr. 3, 2020	Nebraska Department of Health and Human Services (Chief Medical Officer/Director of Public Health Gary Anthone), Directed Health Measure Order 2020-011 (consolidated: Cass, Douglas and Sarpy Counties, with statewide sections II and III) (Apr. 3, 2020) (Ex. SEC-01-107)	/library/SEC-01-107	/exhibit/SEC-01-107
Ex. SEC-01-108	COVID-19 Health Mandate 005 (Mar. 19, 2020; revised Apr. 7 and Apr. 21, 2020)	Governor Mike Dunleavy, Commissioner of Health and Social Services Adam Crum, Chief Medical Officer Anne Zink	Mar. 19, 2020	Governor Mike Dunleavy, Commissioner of Health and Social Services Adam Crum, Chief Medical Officer Anne Zink, COVID-19 Health Mandate 005 (Mar. 19, 2020; revised Apr. 7 and Apr. 21, 2020) (Ex. SEC-01-108)	/library/SEC-01-108
Ex. SEC-01-109	Proclamation 21-14.2	Governor Jay Inslee	Sept. 27, 2021	Governor Jay Inslee, Proclamation 21-14.2 (Sept. 27, 2021) (Ex. SEC-01-109)	/library/SEC-01-109	/exhibit/SEC-01-109
Ex. SEC-01-110	OAR 333-019-1011 (temporary rule filed Aug. 20, 2021; permanent Jan. 31, 2022)	Oregon Health Authority, Public Health Division	Aug. 20, 2021	Oregon Health Authority, Public Health Division, OAR 333-019-1011 (temporary rule filed Aug. 20, 2021; permanent Jan. 31, 2022) (Ex. SEC-01-110)	/library/SEC-01-110	/exhibit/SEC-01-110
Ex. SEC-01-111	Does 1-6 v. Mills, 16 F.4th 20 (1st Cir. Oct. 19, 2021)	First Circuit	Oct. 19, 2021	First Circuit, Does 1-6 v. Mills, 16 F.4th 20 (1st Cir. Oct. 19, 2021) (Ex. SEC-01-111)	/library/SEC-01-111	/exhibit/SEC-01-111
Ex. SEC-01-113	Executive Order D 2020 009	Governor Jared Polis	Mar. 19, 2020	Governor Jared Polis, Executive Order D 2020 009 (Mar. 19, 2020) (Ex. SEC-01-113)	/library/SEC-01-113
Ex. SEC-01-114	Executive Order D 2020 027	Governor Jared Polis	Apr. 6, 2020	Governor Jared Polis, Executive Order D 2020 027 (Apr. 6, 2020) (Ex. SEC-01-114)	/library/SEC-01-114
Ex. SEC-01-116	DC Health recommendation (Mar. 17, 2020) that all elective medical procedures, non-urgent hospital and outpatient visits and non-urgent dental procedures be…	DC Health (Department of Health)	Mar. 17, 2020	DC Health (Department of Health), DC Health recommendation (Mar. 17, 2020) that all elective medical procedures, non-urgent hospital and outpatient visits and non-urgent dental procedures be postponed; DC Health guidance for resuming elective surgery (May 26, 2020) (Ex. SEC-01-116)	/library/SEC-01-116	/exhibit/SEC-01-116
Ex. SEC-01-118	CHFS/DPH Directive of March 23, 2020 (elective procedures): cessation of all non-emergent, non-urgent in-person medical, surgical, dental and other health care…	Cabinet for Health and Family Services (Secretary Eric Friedlander), at the Governor's direction	Mar. 23, 2020	Cabinet for Health and Family Services (Secretary Eric Friedlander), at the Governor's direction, CHFS/DPH Directive of March 23, 2020 (elective procedures): cessation of all non-emergent, non-urgent in-person medical, surgical, dental and other health care procedures (Mar. 23, 2020) (Ex. SEC-01-118)	/library/SEC-01-118
Ex. SEC-01-119	Kentucky Healthcare Reopening (Apr. 27, 2020): Phases 1-4	Cabinet for Health and Family Services	Apr. 27, 2020	Cabinet for Health and Family Services, Kentucky Healthcare Reopening (Apr. 27, 2020): Phases 1-4 (Ex. SEC-01-119)	/library/SEC-01-119
Ex. SEC-01-120	LDH Healthcare Provider Notice 2020-COVID19-ALL-007 (Mar. 21, 2020; ACS lists Mar. 27)	Louisiana Department of Health (Secretary Courtney Phillips; State Health Officer Jimmy Guidry)	Mar. 21, 2020	Louisiana Department of Health (Secretary Courtney Phillips; State Health Officer Jimmy Guidry), LDH Healthcare Provider Notice 2020-COVID19-ALL-007 (Mar. 21, 2020; ACS lists Mar. 27) (Ex. SEC-01-120)	/library/SEC-01-120
Ex. SEC-01-121	LDH Healthcare Provider Notice 2020-COVID19-ALL-010 (Updated Order, Apr. 20, 2020)	Louisiana Department of Health	Apr. 20, 2020	Louisiana Department of Health, LDH Healthcare Provider Notice 2020-COVID19-ALL-010 (Updated Order, Apr. 20, 2020) (Ex. SEC-01-121)	/library/SEC-01-121
Ex. SEC-01-122	Directive and Order Regarding Various Healthcare Matters (Mar. 23, 2020)	Secretary of Health Robert R. Neall	Mar. 23, 2020	Secretary of Health Robert R. Neall, Directive and Order Regarding Various Healthcare Matters (Mar. 23, 2020) (Ex. SEC-01-122)	/library/SEC-01-122
Ex. SEC-01-125	NCDHHS Secretary's letter to hospitals and ambulatory surgery centers (Mar. 20, 2020) requesting suspension of elective and non-urgent procedures effective Mar.…	Secretary of Health and Human Services Mandy Cohen (NCDHHS)	Mar. 20, 2020	Secretary of Health and Human Services Mandy Cohen (NCDHHS), NCDHHS Secretary's letter to hospitals and ambulatory surgery centers (Mar. 20, 2020) requesting suspension of elective and non-urgent procedures effective Mar. 23, 2020 (Ex. SEC-01-125)	/library/SEC-01-125
Ex. SEC-01-126	Public Health Emergency Order (Mar. 27, 2020) prohibiting non-essential health care services, procedures and surgeries (following the Mar. 24, 2020 order)	Secretary of Health Kathyleen Kunkel (Department of Health)	Mar. 27, 2020	Secretary of Health Kathyleen Kunkel (Department of Health), Public Health Emergency Order (Mar. 27, 2020) prohibiting non-essential health care services, procedures and surgeries (following the Mar. 24, 2020 order) (Ex. SEC-01-126)	/library/SEC-01-126
Ex. SEC-01-127	Public Health Emergency Order (Apr. 30, 2020)	Secretary of Health	Apr. 30, 2020	Secretary of Health, Public Health Emergency Order (Apr. 30, 2020) (Ex. SEC-01-127)	/library/SEC-01-127
Ex. SEC-01-128	Fourth Amended Executive Order 2020-07 (Mar. 24, 2020), as further amended Apr. 15, 2020	Governor Kevin Stitt	Mar. 24, 2020	Governor Kevin Stitt, Fourth Amended Executive Order 2020-07 (Mar. 24, 2020), as further amended Apr. 15, 2020 (Ex. SEC-01-128)	/library/SEC-01-128
Ex. SEC-01-130	State Public Health Order (Mar. 23, 2020) postponing elective surgeries and procedures	Utah Department of Health (Executive Director Joseph Miner)	Mar. 23, 2020	Utah Department of Health (Executive Director Joseph Miner), State Public Health Order (Mar. 23, 2020) postponing elective surgeries and procedures (Ex. SEC-01-130)	/library/SEC-01-130
Ex. SEC-01-131	State Public Health Order (Apr. 22, 2020) (health care facility protocols; Utah Roadmap for Resuming Elective Procedures)	Utah Department of Health	Apr. 22, 2020	Utah Department of Health, State Public Health Order (Apr. 22, 2020) (health care facility protocols; Utah Roadmap for Resuming Elective Procedures) (Ex. SEC-01-131)	/library/SEC-01-131
Ex. SEC-01-132	Amendment to Addendum 3 to Executive Order 01-20 (May 4, 2020)	Governor Philip B. Scott	May 4, 2020	Governor Philip B. Scott, Amendment to Addendum 3 to Executive Order 01-20 (May 4, 2020) (Ex. SEC-01-132)	/library/SEC-01-132
Ex. SEC-01-133	Executive Order 16-20	Governor Jim Justice	Mar. 31, 2020	Governor Jim Justice, Executive Order 16-20 (Mar. 31, 2020) (Ex. SEC-01-133)	/library/SEC-01-133
Ex. SEC-01-134	Executive Order 30-20	Governor Jim Justice	Apr. 27, 2020	Governor Jim Justice, Executive Order 30-20 (Apr. 27, 2020) (Ex. SEC-01-134)	/library/SEC-01-134
Ex. SEC-01-135	Emergency Secretary's Orders adding COVID-19 testing, vaccination-status and work-exclusion requirements for all staff, vendors and volunteers of DHCQ-regulated…	Secretary of Health and Social Services (Division of Health Care Quality)	Aug. 12, 2021	Secretary of Health and Social Services (Division of Health Care Quality), Emergency Secretary's Orders adding COVID-19 testing, vaccination-status and work-exclusion requirements for all staff, vendors and volunteers of DHCQ-regulated facilities, effective Sept. 30, 2021 (16 DE Admin. Code 3201, 3225, 3220, 3230, 4406, 4407 and others) (Aug. 12, 2021) (Ex. SEC-01-135)	/library/SEC-01-135
Ex. SEC-01-138	Directed Health Measure (Nov. 16, 2020) pausing elective surgeries statewide	Nebraska DHHS at the Governor's direction	Nov. 16, 2020	Nebraska DHHS at the Governor's direction, Directed Health Measure (Nov. 16, 2020) pausing elective surgeries statewide (Ex. SEC-01-138)	/library/SEC-01-138
Ex. SEC-01-139	Order of the Secretary Requiring Hospitals to Make Daily Reports of Specified Data Regarding Supplies and Equipment (Mar. 24, 2020), as amended July 10, 2020…	Secretary / Acting Secretary of Health	Mar. 24, 2020	Secretary / Acting Secretary of Health, Order of the Secretary Requiring Hospitals to Make Daily Reports of Specified Data Regarding Supplies and Equipment (Mar. 24, 2020), as amended July 10, 2020, Jan. 27, 2021 (SEC-01-094) and Aug. 13, 2021 (effective Aug. 18, 2021) (Ex. SEC-01-139)	/library/SEC-01-139
Ex. SEC-01-140	Orders of Mar. 19, 2020 closing businesses that are not life-sustaining, with the Industry Operation Guidance list ('Home Health Care Services - Yes - Elective…	Governor Tom Wolf and Secretary of Health	Mar. 19, 2020	Governor Tom Wolf and Secretary of Health, Orders of Mar. 19, 2020 closing businesses that are not life-sustaining, with the Industry Operation Guidance list ('Home Health Care Services - Yes - Elective procedures prohibited'; hospitals - Yes - elective procedures prohibited); DOH Guidance on Ambulatory Surgical Facilities' Responses to COVID-19 (Mar. 20, 2020) (Ex. SEC-01-140)	/library/SEC-01-140	/exhibit/SEC-01-140
Ex. SEC-01-141	Emergency Regulation Governing the Control and Prevention of COVID-19 Mandating Vaccines for Healthcare Workers and in Higher Education, Healthcare, and Related…	Philadelphia Board of Health / Department of Public Health	Aug. 12, 2021	Philadelphia Board of Health / Department of Public Health, Emergency Regulation Governing the Control and Prevention of COVID-19 Mandating Vaccines for Healthcare Workers and in Higher Education, Healthcare, and Related Settings (adopted Aug. 12, 2021; effective Aug. 16, 2021) (Ex. SEC-01-141)	/library/SEC-01-141
Ex. SEC-01-GM-002	Organizer notice	American Hospital Association	Mar. 16, 2020	American Hospital Association, Organizer notice (Mar. 16, 2020) (Ex. SEC-01-GM-002)	/library/SEC-01-GM-002	/exhibit/SEC-01-GM-002
Ex. SEC-01-GM-004	Organizer notice	American College of Cardiology with the World Heart Federation	Mar. 9, 2020	American College of Cardiology with the World Heart Federation, Organizer notice (Mar. 9, 2020) (Ex. SEC-01-GM-004)	/library/SEC-01-GM-004	/exhibit/SEC-01-GM-004
Ex. SEC-01-GM-010	Organizer notice	American College of Surgeons		American College of Surgeons, Organizer notice (Ex. SEC-01-GM-010)	/library/SEC-01-GM-010
Ex. SEC-01-GM-019	Organizer notice	American Organization for Nursing Leadership (an AHA affiliate)	Mar. 12, 2020	American Organization for Nursing Leadership (an AHA affiliate), Organizer notice (Mar. 12, 2020) (Ex. SEC-01-GM-019)	/library/SEC-01-GM-019	/exhibit/SEC-01-GM-019
Ex. SEC-01-GM-022	Organizer notice	Becker's Healthcare	Apr. 3, 2020	Becker's Healthcare, Organizer notice (Apr. 3, 2020) (Ex. SEC-01-GM-022)	/library/SEC-01-GM-022	/exhibit/SEC-01-GM-022
Ex. SEC-01-GM-023	Organizer notice	Emergency Nurses Association (about 40,000 members)		Emergency Nurses Association (about 40,000 members), Organizer notice (Ex. SEC-01-GM-023)	/library/SEC-01-GM-023
Ex. SEC-01-GM-025	Organizer notice	Radiological Society of North America		Radiological Society of North America, Organizer notice (Ex. SEC-01-GM-025)	/library/SEC-01-GM-025
Ex. SEC-01-GM-027	Organizer notice	American Heart Association		American Heart Association, Organizer notice (Ex. SEC-01-GM-027)	/library/SEC-01-GM-027
Ex. SEC-01-GM-031	Organizer notice	American Academy of Pediatrics	Aug. 11, 2020	American Academy of Pediatrics, Organizer notice (Aug. 11, 2020) (Ex. SEC-01-GM-031)	/library/SEC-01-GM-031	/exhibit/SEC-01-GM-031
Ex. SEC-01-GM-034	Organizer notice	Association of American Medical Colleges		Association of American Medical Colleges, Organizer notice (Ex. SEC-01-GM-034)	/library/SEC-01-GM-034
Ex. SEC-01-GM-036	Organizer notice	Society for Academic Emergency Medicine		Society for Academic Emergency Medicine, Organizer notice (Ex. SEC-01-GM-036)	/library/SEC-01-GM-036
Ex. SEC-01-GM-039	Organizer notice	Coalition for Physician Accountability (AAMC, ACGME, AMA, ECFMG, NRMP and others); emergency medicine: ACEP, AAEM, SAEM, CORD, CDEM, EMRA and others	May 11, 2020	Coalition for Physician Accountability (AAMC, ACGME, AMA, ECFMG, NRMP and others); emergency medicine: ACEP, AAEM, SAEM, CORD, CDEM, EMRA and others, Organizer notice (May 11, 2020) (Ex. SEC-01-GM-039)	/library/SEC-01-GM-039	/exhibit/SEC-01-GM-039
Ex. SEC-01-GM-040	Organizer notice	USMLE program (NBME and FSMB)	May 26, 2020	USMLE program (NBME and FSMB), Organizer notice (May 26, 2020) (Ex. SEC-01-GM-040)	/library/SEC-01-GM-040
Ex. SEC-01-GM-042	Organizer notice	CMS (State survey agencies and accrediting organizations); The Joint Commission	Mar. 4, 2020	CMS (State survey agencies and accrediting organizations); The Joint Commission, Organizer notice (Mar. 4, 2020) (Ex. SEC-01-GM-042)	/library/SEC-01-GM-042
Ex. SEC-01-GM-043	Organizer notice	CMS (State survey agencies and accrediting organizations); The Joint Commission	Mar. 4, 2020	CMS (State survey agencies and accrediting organizations); The Joint Commission, Organizer notice (Mar. 4, 2020) (Ex. SEC-01-GM-043)	/library/SEC-01-GM-043	/exhibit/SEC-01-GM-043
Ex. SEC-01-GM-046	Organizer notice	American Hospital Association	May 1, 2020	American Hospital Association, Organizer notice (May 1, 2020) (Ex. SEC-01-GM-046)	/library/SEC-01-GM-046	/exhibit/SEC-01-GM-046
Ex. SEC-01-GM-055	Organizer notice	American Hospital Association	May 1, 2020	American Hospital Association, Organizer notice (May 1, 2020) (Ex. SEC-01-GM-055)	/library/SEC-01-GM-055	/exhibit/SEC-01-GM-055
Ex. SEC-01-GM-061	Organizer notice	American College of Cardiology with the World Heart Federation	Mar. 9, 2020	American College of Cardiology with the World Heart Federation, Organizer notice (Mar. 9, 2020) (Ex. SEC-01-GM-061)	/library/SEC-01-GM-061	/exhibit/SEC-01-GM-061
Ex. SEC-01-GM-062	Organizer notice	American College of Physicians (159,000 members)	Mar. 10, 2020	American College of Physicians (159,000 members), Organizer notice (Mar. 10, 2020) (Ex. SEC-01-GM-062)	/library/SEC-01-GM-062	/exhibit/SEC-01-GM-062
Ex. SEC-01-GM-064	Organizer notice	Emergency Nurses Association (about 40,000 members)	Sept. 3, 2021	Emergency Nurses Association (about 40,000 members), Organizer notice (Sept. 3, 2021) (Ex. SEC-01-GM-064)	/library/SEC-01-GM-064	/exhibit/SEC-01-GM-064
Ex. SEC-01-GM-065	Organizer notice	Emergency Nurses Association (about 40,000 members)	Aug. 14, 2021	Emergency Nurses Association (about 40,000 members), Organizer notice (Aug. 14, 2021) (Ex. SEC-01-GM-065)	/library/SEC-01-GM-065	/exhibit/SEC-01-GM-065
Ex. SEC-01-GM-066	Organizer notice	Coalition for Physician Accountability (AAMC, ACGME, AMA, ECFMG, NRMP and others); emergency medicine: ACEP, AAEM, SAEM, CORD, CDEM, EMRA and others	May 11, 2020	Coalition for Physician Accountability (AAMC, ACGME, AMA, ECFMG, NRMP and others); emergency medicine: ACEP, AAEM, SAEM, CORD, CDEM, EMRA and others, Organizer notice (May 11, 2020) (Ex. SEC-01-GM-066)	/library/SEC-01-GM-066	/exhibit/SEC-01-GM-066
Ex. SEC-01-GM-067	Organizer notice	American College of Surgeons	Jan. 1, 2021	American College of Surgeons, Organizer notice (Jan. 1, 2021) (Ex. SEC-01-GM-067)	/library/SEC-01-GM-067	/exhibit/SEC-01-GM-067
Ex. SEC-01-GM-068	Organizer notice	American College of Surgeons	Jan. 1, 2022	American College of Surgeons, Organizer notice (Jan. 1, 2022) (Ex. SEC-01-GM-068)	/library/SEC-01-GM-068	/exhibit/SEC-01-GM-068
Ex. SEC-01-GM-069	Organizer notice	Coalition for Physician Accountability (AAMC, ACGME, AMA, ECFMG, NRMP and others); emergency medicine: ACEP, AAEM, SAEM, CORD, CDEM, EMRA and others	May 11, 2020	Coalition for Physician Accountability (AAMC, ACGME, AMA, ECFMG, NRMP and others); emergency medicine: ACEP, AAEM, SAEM, CORD, CDEM, EMRA and others, Organizer notice (May 11, 2020) (Ex. SEC-01-GM-069)	/library/SEC-01-GM-069	/exhibit/SEC-01-GM-069
Ex. SEC-01-GM-070	Organizer notice	American Organization for Nursing Leadership (an AHA affiliate)	Mar. 12, 2020	American Organization for Nursing Leadership (an AHA affiliate), Organizer notice (Mar. 12, 2020) (Ex. SEC-01-GM-070)	/library/SEC-01-GM-070	/exhibit/SEC-01-GM-070
Ex. SEC-01-GM-071	Organizer notice	American Organization for Nursing Leadership (an AHA affiliate)	Mar. 12, 2020	American Organization for Nursing Leadership (an AHA affiliate), Organizer notice (Mar. 12, 2020) (Ex. SEC-01-GM-071)	/library/SEC-01-GM-071	/exhibit/SEC-01-GM-071
Ex. SEC-01-GM-072	Organizer notice	California Hospital Association	Jan. 15, 2021	California Hospital Association, Organizer notice (Jan. 15, 2021) (Ex. SEC-01-GM-072)	/library/SEC-01-GM-072	/exhibit/SEC-01-GM-072
Ex. SEC-01-GM-073	Organizer notice	National Rural Health Association	Feb. 1, 2021	National Rural Health Association, Organizer notice (Feb. 1, 2021) (Ex. SEC-01-GM-073)	/library/SEC-01-GM-073	/exhibit/SEC-01-GM-073
Ex. SEC-01-GM-074	Organizer notice	Radiological Society of North America	Aug. 1, 2020	Radiological Society of North America, Organizer notice (Aug. 1, 2020) (Ex. SEC-01-GM-074)	/library/SEC-01-GM-074	/exhibit/SEC-01-GM-074
Ex. SEC-01-GM-076	Organizer notice	National Association of EMS Physicians	Jan. 15, 2021	National Association of EMS Physicians, Organizer notice (Jan. 15, 2021) (Ex. SEC-01-GM-076)	/library/SEC-01-GM-076	/exhibit/SEC-01-GM-076
Ex. SEC-01-GM-078	Organizer notice	American College of Surgeons	Aug. 1, 2021	American College of Surgeons, Organizer notice (Aug. 1, 2021) (Ex. SEC-01-GM-078)	/library/SEC-01-GM-078	/exhibit/SEC-01-GM-078
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. TX-009	Executive Order GA-15	Governor Greg Abbott	Apr. 17, 2020	Governor Greg Abbott, Executive Order GA-15 (Apr. 17, 2020) (Ex. TX-009)	/library/TX-009	/exhibit/TX-009
Ex. WA-015	Proclamation 20-24	Governor Jay Inslee	Mar. 19, 2020	Governor Jay Inslee, Proclamation 20-24 (Mar. 19, 2020) (Ex. WA-015)	/library/WA-015	/exhibit/WA-015
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. WA-077	Proclamation 21-14	Governor Jay Inslee	Aug. 9, 2021	Governor Jay Inslee, Proclamation 21-14 (Aug. 9, 2021) (Ex. WA-077)	/library/WA-077	/exhibit/WA-077
Ex. WA-078	Order of the Secretary of Health 20-03.4	Umair A. Shah, MD, MPH, Washington State Secretary of Health	Aug. 19, 2021	Umair A. Shah, MD, MPH, Washington State Secretary of Health, Order of the Secretary of Health 20-03.4 (Aug. 19, 2021) (Ex. WA-078)	/library/WA-078	/exhibit/WA-078

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=01&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.