03/18/2020
Here is confirmation ABA/Autism Services are Healthcare Operations and exempt from the "Shelter in Place" orders (meaning they are allowed to continue.)
Please read down this thread - in the Bay Area there was some question for a period of time by at least some providers about whether ABA was Healthcare Operations and therefore exempt from the "Shelter in Place" ordinances in the 7 Bay Area Counties that went into effect today. Many of you interpreted it as essential but others weren't sure and some have suspended services. Below is an analysis from San Mateo County Supervisor Dave Pine (who is also an attorney) with a confirmation of the analysis by the San Mateo County Legal Counsel. They are working to get a letter up on their website but have asked for patience. They were unbelievably responsive already. In the interim, if there is anyone with any lingering question whether ABA is an exempt service, the analysis is below.
David Silberman
To:Kristin Jacobson
Cc:Dave Pine
Tue, Mar 17 at 3:06 PM
I am confirming Supervisor Pine’s analysis. It is clearly correct.
From: Kristin Jacobson
Sent: Tuesday, March 17, 2020 9:57 AM
To: Dave Pine
Cc: John Beiers
Subject: Re: URGENT please read - Hundreds of Bay Area families to lose life saving healthcare service (ABA) Tuesday morning Fw: Update on ###XX Services
Hi Dave,
Thank you for your prompt and thorough response. I really appreciate your willingness to share your opinion and stating it so strongly. I forwarded it to my provider. If time permits, I will wait for John Beiers to confirm your analysis before sharing widely. As you know better than most, we are in uncharted territory and we need to get the information out ASAP before hundreds or even thousands of Bay Area kids lose these critical services.
Thank you again for your leadership. What a critical time to show the importance and effectiveness of strong local government.
Kristin
Sent from Yahoo Mail for iPhone
On Tuesday, March 17, 2020, 9:04 AM, Dave Pine wrote:
Kristin,Thank you for contacting me about this.I think there is no question that ABA/autism services are exempt from the “Shelter in Place” Order because they fall within the definition of “Healthcare Operations.”
Section 10b of the Order (attached) addresses “Healthcare Operations”:“For purposes of this Order, individuals may leave their residence to work for or obtain services at any “Healthcare Operations” including hospitals, clinics, dentists, pharmacies, pharmaceutical and biotechnology companies, other healthcare facilities, healthcare suppliers, home healthcare services providers, mental health providers, or any related and/or ancillary healthcare services. “Healthcare Operations” also includes veterinary care and all healthcare services provided to animals. This exemption shall be construed broadly to avoid any impacts to the delivery of healthcare, broadly defined. “Healthcare Operations” does not include fitness and exercise gyms and similar facilities.”
Note the language above that states: “This exemption shall be construed broadly to avoid any impacts to the delivery of healthcare, broadly defined.”
By way of this email, I am asking San Mateo County Counsel John Beiers to confirm my analysis.
Let me know how this works out.All the best to you and your family during these trying times.Dave
Dave Pine
Supervisor, District 1
San Mateo County Board of Supervisors
400 County Center, 1st Floor
Redwood City, CA 94063