PRIOR PRINTER'S NOS. 3069, 3294 PRINTER'S NO. 3527
No. 2313 Session of 2000
INTRODUCED BY VANCE, E. Z. TAYLOR, TIGUE, NAILOR, ORIE, NICKOL,
BARD, BELFANTI, BUNT, CIVERA, CLYMER, L. I. COHEN, FRANKEL,
GEIST, HALUSKA, HARHAI, HENNESSEY, HERMAN, HERSHEY, HESS,
HORSEY, LAUGHLIN, MAJOR, MANDERINO, McILHATTAN, McNAUGHTON,
MELIO, PISTELLA, READSHAW, RUBLEY, SATHER, SEMMEL, SEYFERT,
SHANER, STABACK, THOMAS, TRELLO, TRICH, WILT, YOUNGBLOOD AND
YUDICHAK, MARCH 6, 2000
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
MAY 10, 2000
AN ACT
1 Providing for certain immunizations in long-term care
2 facilities; REQUIRING NURSING HOMES TO SUBMIT INFORMATION <--
3 ANNUALLY TO THE DEPARTMENT OF HEALTH; REQUIRING THE
4 DEPARTMENT OF HEALTH TO PLACE CERTAIN INFORMATION ON THE
5 INTERNET; AND PROVIDING FOR CERTAIN DUTIES OF THE DEPARTMENT
6 OF HEALTH AND THE DEPARTMENT OF AGING.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 CHAPTER 1 <--
10 PRELIMINARY PROVISIONS <--
11 Section 1 101. Short title. <--
12 This act shall be known and may be cited as the Long-Term
13 Care Resident and Employee Immunization AND NURSING HOME <--
14 CONSUMER INTERNET INFORMATION ACCESS Act.
15 Section 2 102. Definitions. <--
16 The following words and phrases when used in this act shall
17 have the meanings given to them in this section unless the
1 context clearly indicates otherwise:
2 "CONSUMER INFORMATION INTERNET GUIDE." THE NURSING HOME <--
3 CONSUMER INFORMATION INTERNET GUIDE REQUIRED TO BE PUBLISHED
4 UNDER THE PROVISIONS OF CHAPTER 5.
5 "Department." The Department of Health of the Commonwealth.
6 "ELDERLY PERSONS." THOSE PERSONS RESIDING WITHIN THIS <--
7 COMMONWEALTH WHO ARE 60 YEARS OF AGE OR OLDER.
8 "Employee." An individual employed, whether directly, by
9 contract with another entity or as an independent contractor, by
10 a long-term care nursing facility on a part-time or full-time
11 basis.
12 "Long-term care facility" or "facility." A long-term care
13 nursing facility as defined in section 802.1 of the act of July
14 19, 1979 (P.L.130, No.48), known as the Health Care Facilities
15 Act.
16 "NURSING HOME." A FACILITY THAT PROVIDES EITHER SKILLED OR <--
17 INTERMEDIATE NURSING CARE OR BOTH LEVELS OF SUCH CARE TO TWO OR
18 MORE ELDERLY PERSONS, WHO ARE UNRELATED TO THE LICENSEE, FOR A
19 PERIOD EXCEEDING 24 HOURS. INTERMEDIATE CARE FACILITIES
20 EXCLUSIVELY FOR THE MENTALLY RETARDED, COMMONLY CALLED ICF/MR,
21 SHALL NOT BE CONSIDERED NURSING HOMES FOR THE PURPOSE OF CHAPTER
22 5.
23 CHAPTER 3
24 IMMUNIZATIONS IN LONG-TERM CARE FACILITIES
25 Section 3 301. Long-term care resident and employee <--
26 immunization.
27 Except as provided in section 6 304, every facility in this <--
28 Commonwealth shall request that residents and employees be
29 immunized for influenza virus and pneumococcal disease in
30 accordance with this act.
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1 Section 4 302. Resident immunization. <--
2 (a) Notice to resident.--Upon admission, the facility shall
3 notify the resident and legal guardian of the immunization
4 requirements of this act and request that the resident agree to
5 be immunized against influenza virus and pneumococcal disease.
6 (b) Records and immunizations.--Every facility shall
7 document the annual immunization against influenza virus and
8 immunization against pneumococcal disease for each resident,
9 which includes written evidence from a health care provider
10 indicating the date and location AND THE LOCATION IN WHICH AND <--
11 THE PERSON BY WHOM the vaccine was administered. Upon finding
12 that a resident is lacking such immunization or the facility or
13 individual is unable to provide documentation that the
14 individual has received the appropriate immunization, the
15 facility shall make available the immunization. Immunization and
16 the documentation thereof shall take place no later than
17 November 30 of each year.
18 (c) Other immunizations.--An individual who becomes a
19 resident after November 30 but prior to April 1 shall have his
20 status for influenza and pneumococcal immunization determined by
21 the facility, and, if found to be deficient, the facility shall
22 make available the necessary immunizations.
23 Section 5 303. Employee immunization. <--
24 (a) Notice to employees.--Every facility shall notify every
25 employee of the immunization requirements of this act and
26 request that the employee agree to be immunized against
27 influenza virus.
28 (b) Records and immunizations.--The facility shall require
29 documentation of annual immunization against influenza virus for
30 each employee, which includes written evidence from a health
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1 care provider indicating the date and, location AND BY WHOM the <--
2 vaccine was administered. Upon finding that an employee is
3 lacking such immunization or the facility or individual is
4 unable to provide documentation that the individual has received
5 the appropriate immunization, the facility shall make available
6 the immunization. Immunization and the documentation thereof
7 shall take place no later than November 30 of each year.
8 (c) Other immunizations.--An individual who is newly
9 employed as an employee after November 30 and prior to April 1
10 shall have his status for influenza determined by the facility,
11 and, if found to be deficient, the facility shall make available
12 the necessary immunization.
13 (d) Immunization authorized.--Nothing in this section shall
14 prohibit the immunization against pneumococcal disease to
15 employees.
16 Section 6 304. Exceptions. <--
17 No resident or employee shall be required to receive either
18 the influenza or pneumococcal vaccine if any of the following
19 apply:
20 (1) the vaccine is contraindicated;
21 (2) it is against his religious beliefs; or
22 (3) the employee, resident or resident's legal guardian
23 refuses the vaccine after being fully informed of the health
24 risks of such action.
25 Section 7 305. Regulations. <--
26 (a) Promulgation by department.--The department shall
27 promulgate regulations relating to the immunization requirements
28 of this act CHAPTER, taking into consideration the <--
29 recommendations of the Advisory Committee on Immunization
30 Practices (ACIP) of the Centers for Disease Control and
20000H2313B3527 - 4 -
1 Prevention.
2 (b) Educational materials.--The department, in conjunction
3 with the Department of Aging, shall make available educational
4 and informational materials to all facilities with respect to
5 vaccination against influenza virus and pneumococcal disease.
6 (c) Report to General Assembly.--Three years from the
7 effective date of this act CHAPTER, AND EACH THREE-YEAR PERIOD <--
8 THEREAFTER, the department shall report to the General Assembly
9 on the number of outbreaks in facilities each year due to
10 influenza virus and pneumococcal disease. The number of
11 hospitalizations of facility residents each year due to
12 influenza virus, pneumococcal disease and complications thereof
13 must be reported as well.
14 CHAPTER 5 <--
15 NURSING HOME CONSUMER INTERNET INFORMATION
16 ACCESS
17 SECTION 501. NURSING HOME CONSUMER INFORMATION REPORT.
18 IN ADDITION TO THE INFORMATION REQUIRED BY THE DEPARTMENT OF
19 HEALTH ON A FORM PROVIDED BY THE DEPARTMENT OF HEALTH PURSUANT
20 TO THE PROVISIONS OF THE ACT OF JULY 19, 1979 (P.L.130, NO.48),
21 KNOWN AS THE HEALTH CARE FACILITIES ACT, AND REGULATIONS
22 PROMULGATED PURSUANT THERETO, EACH NURSING HOME SHALL PROVIDE TO
23 THE DEPARTMENT OF HEALTH NO LATER THAN 90 DAYS AFTER THE CLOSE
24 OF EACH CALENDAR YEAR THE FOLLOWING INFORMATION ON THE ABOVE-
25 REFERENCED FORM:
26 (1) NURSING HOURS WORKED PER PATIENT PER DAY AND NURSING
27 HOURS REQUIRED BY THE DEPARTMENT OF HEALTH PER PATIENT PER
28 DAY. ACTUAL HOURS WORKED PER PATIENT PER DAY ARE FOR THE MOST
29 RECENTLY CONCLUDED FISCAL OR CALENDAR YEAR.
30 (2) AVERAGE LENGTH OF SERVICE OF PROFESSIONAL NURSING
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1 STAFF AND THE AVERAGE LENGTH OF SERVICE OF NURSE AIDE
2 PERSONNEL AT THE NURSING HOME COMPLETING THE FORM.
3 (3) AVERAGE LENGTH OF LICENSURE AND/OR CERTIFICATION OF
4 PROFESSIONAL NURSING STAFF AND THE AVERAGE LENGTH OF
5 LICENSURE AND/OR CERTIFICATION OF NURSE AIDE PERSONNEL.
6 (4) NURSING HOURS PER PATIENT PER DAY OF TEMPORARY
7 AGENCY PROFESSIONAL NURSING STAFF AND NURSE AIDE PERSONNEL.
8 (5) WHETHER A RESIDENT COUNCIL EXISTS AND MEETS ON A
9 REGULAR BASIS.
10 SECTION 502. NURSING HOME CONSUMER INFORMATION.
11 (A) GUIDE.--
12 (1) THE DEPARTMENT OF AGING SHALL PRODUCE, IN A TIMELY
13 MANNER, A NURSING HOME INFORMATION SITE ON THE INTERNET. IT
14 SHALL INCLUDE:
15 (I) THE ITEMS LISTED IN SECTION 501.
16 (II) INFORMATION OBTAINED FROM THE ANNUAL LONG-TERM
17 CARE FACILITIES QUESTIONNAIRES SUBMITTED TO THE
18 DEPARTMENT OF HEALTH.
19 (III) INFORMATION OBTAINED FROM THE HEALTH CARE
20 FINANCING ADMINISTRATION OWNERSHIP DISCLOSURE FORM.
21 (IV) A COMPARATIVE LIST OF NURSING HOMES DEVELOPED
22 IN THE MANNER PROVIDED IN SUBSECTION (B).
23 (V) THE NURSING HOME CONSUMER INQUIRY TELEPHONE
24 HOTLINE TELEPHONE NUMBER REQUIRED UNDER SUBSECTION (C).
25 (2) IF ERRORS ARE FOUND IN THE CONSUMER INFORMATION
26 INTERNET GUIDE, ALL FACILITIES SHALL BE SENT A CORRECTION
27 SHEET WITHIN 30 DAYS OF THE DEPARTMENT OF AGING'S RECEIPT OF
28 NOTIFICATION OF THE ERROR. FOR THE PURPOSES OF THIS SECTION,
29 AN ERROR SHALL BE DEFINED AS INFORMATION INCORRECTLY
30 TRANSCRIBED FROM THE FORMS PROVIDED TO THE DEPARTMENT OF
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1 HEALTH TO THE CONSUMER GUIDE.
2 (3) THE DEPARTMENT OF AGING WILL SEND FINAL PROOFS TO
3 THE NURSING HOME OF ITS DATA PROFILE THAT WILL BE PUBLISHED
4 IN THE CONSUMER GUIDE PRIOR TO PUBLICATION. THE NURSING HOME
5 WILL HAVE FIVE DAYS TO NOTIFY THE DEPARTMENT OF AGING OF ANY
6 ERRORS TO BE CORRECTED. IF THE DEPARTMENT OF AGING RECEIVES
7 NO NOTIFICATION OF ERRORS, THE DATA PROFILE WILL BE
8 CONSIDERED ACCURATE AND WILL BE PUBLISHED.
9 (B) COMPARATIVE LIST.--THE COMPARATIVE LIST OF NURSING HOMES
10 SHALL BE DEVELOPED AND INCLUDED IN THE CONSUMER INFORMATION
11 INTERNET GUIDE BY THE DEPARTMENT OF AGING. IT SHALL INCLUDE THE
12 FOLLOWING INFORMATION:
13 (1) NAME OF FACILITY.
14 (2) FACILITY ADDRESS AND TELEPHONE NUMBER.
15 (3) BED CAPACITY.
16 (4) OWNER OF FACILITY AND MANAGING COMPANY, IF
17 APPLICABLE.
18 (5) TYPE OF SPONSORSHIP, INCLUDING, BUT NOT LIMITED TO,
19 GOVERNMENTAL, NONPROFIT AND FOR-PROFIT OR RELIGIOUS
20 AFFILIATION, IF APPLICABLE.
21 (6) PAYMENT SOURCES ACCEPTED, INCLUDING, BUT NOT LIMITED
22 TO, MEDICARE, MEDICAID, VETERANS' ADMINISTRATION, LONG-TERM
23 CARE INSURANCE AND PRIVATE PAY.
24 (7) CURRENT LICENSE, DEFICIENCY AND CERTIFICATION STATUS
25 AS DETERMINED BY THE DEPARTMENT OF HEALTH; WHETHER, WITHIN
26 THE PREVIOUS FIVE YEARS, THE FACILITY HAS BEEN SUBJECT TO A
27 PROVISIONAL LICENSE, A BAN ON ADMISSIONS, PENALTIES IMPOSED
28 IN CONNECTION WITH THE LICENSURE OR CERTIFICATION PROCESS, A
29 LICENSE REVOCATION OR APPOINTMENT OF A TEMPORARY MANAGER TO
30 OPERATE THE FACILITY OR MEDICARE OR MEDICAID DECERTIFICATION
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1 AND THE CORRESPONDING DATES.
2 (8) NURSING HOURS PER PATIENT PER DAY AND NURSING HOURS
3 REQUIRED BY THE DEPARTMENT OF HEALTH PER PATIENT PER DAY.
4 ACTUAL HOURS WORKED PER PATIENT PER DAY ARE FOR THE MOST
5 RECENTLY CONCLUDED FISCAL OR CALENDAR YEAR.
6 (9) AVERAGE LENGTH OF SERVICE AT THE NURSING HOME OF
7 PROFESSIONAL NURSING STAFF AND THE AVERAGE LENGTH OF SERVICE
8 OF NURSE AIDE STAFF.
9 (10) AVERAGE LENGTH OF LICENSURE AND/OR CERTIFICATION OF
10 PROFESSIONAL NURSING STAFF AND THE AVERAGE LENGTH OF
11 LICENSURE AND/OR CERTIFICATION OF NURSE AIDE PERSONNEL.
12 (11) NURSING HOURS PER PATIENT PER DAY OF TEMPORARY
13 AGENCY PROFESSIONAL NURSING STAFF AND NURSE AIDE PERSONNEL.
14 (12) A LISTING OF EXISTENCE AND AVAILABILITY OF SPECIFIC
15 THERAPY SERVICES, INCLUDING, BUT NOT LIMITED TO, PHYSICAL
16 THERAPY, OCCUPATIONAL THERAPY, SPEECH THERAPY AND RESPIRATORY
17 THERAPY.
18 (13) WHETHER A RESIDENT COUNCIL EXISTS AND MEETS ON A
19 REGULAR BASIS.
20 (14) NAME AND TELEPHONE NUMBER OF A LOCAL OMBUDSMAN.
21 (15) COSTS PER DAY, MONTH AND YEAR.
22 (16) VISITING HOURS.
23 (17) IF THERE ARE TELEPHONES AVAILABLE FOR PRIVATE
24 CONVERSATIONS.
25 (18) IF THERE IS A REGISTERED DIETITIAN.
26 (19) IF THERE IS A WRITTEN EMERGENCY EVACUATION PLAN.
27 (20) THE NEAREST HOSPITAL AND THE DISTANCE IN MILES FROM
28 THE NURSING HOME.
29 (21) IF THERE ARE ISOLATION ROOMS FOR PATIENTS WITH
30 CONTAGIOUS ILLNESSES.
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1 (22) IF THERE IS AN ALZHEIMER/PARKINSON DISEASE PROGRAM.
2 (23) WHETHER THERE ARE QUALIFIED PHYSICAL THERAPISTS
3 ONSITE.
4 (24) WHETHER THERE IS A WRITTEN DESCRIPTION OF PATIENTS
5 RIGHTS AND RESPONSIBILITIES.
6 (25) WHETHER THERE ARE WRITTEN POLICIES ON "DO NOT
7 RESUSCITATE ORDERS," PHYSICAL RESTRAINTS AND CHEMICAL
8 SEDATION.
9 (26) WHAT MEDICAL SERVICES ARE AVAILABLE ONSITE,
10 INCLUDING DENTISTS, PODIATRISTS, PHARMACISTS,
11 OPHTHALMOLOGISTS.
12 (27) THE CURRENT RESIDENT PROFILE, INCLUDING AVERAGE
13 AGE, RACE AND SEX.
14 (28) INFORMATION ON HOW TO CONTACT THE LOCAL AREA AGENCY
15 ON AGING, INCLUDING THE SERVICES AVAILABLE TO PERSONS OVER 60
16 YEARS OF AGE THROUGH THE LOCAL AREA AGENCY ON AGING.
17 (29) INFORMATION ON COMMUNITY RESOURCES THAT CAN ASSIST
18 IN THE SELECTION OF A LONG-TERM CARE FACILITY, SUCH AS TRADE
19 ASSOCIATIONS OR CONSUMER ADVOCACY GROUPS.
20 (C) NURSING HOME CONSUMER INQUIRY TELEPHONE HOTLINE.--THE
21 DEPARTMENT OF AGING SHALL ESTABLISH A STATEWIDE TELEPHONE NUMBER
22 TO SERVE AS THE NURSING HOME CONSUMER INQUIRY TELEPHONE HOTLINE.
23 THIS NUMBER SHALL BE A TOLL-FREE NUMBER. THE PURPOSE OF THIS
24 TELEPHONE NUMBER IS TO RESPOND TO CALLS REGARDING THE CURRENT
25 LICENSURE, DEFICIENCY AND CERTIFICATION STATUS OF NURSING HOMES.
26 ALL DATA PROVIDED BY THE HOTLINE SHALL BE UPDATED EACH WEEK
27 USING INFORMATION PROVIDED BY THE DEPARTMENT OF HEALTH IN A
28 TIMELY FASHION. THIS TELEPHONE NUMBER SHALL BE PROMINENTLY
29 DISPLAYED IN THE ANNUAL CONSUMER INFORMATION INTERNET GUIDE.
30 (D) DISCLOSURE.--THE STATE LONG-TERM CARE OMBUDSMAN IN THE
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1 DEPARTMENT OF AGING SHALL MAIL AT LEAST THE ADDRESS OF THE
2 CONSUMER INFORMATION INTERNET GUIDE TO THE LOCAL LONG-TERM CARE
3 OMBUDSMAN OF EACH AREA AGENCY ON AGING, TO EACH NURSING HOME AND
4 TO THE PENNSYLVANIA COUNCIL ON AGING ANNUALLY.
5 (E) AVAILABILITY.--EACH NURSING HOME SHALL POST NEXT TO ITS
6 DEPARTMENT OF HEALTH LICENSE AN EXACT COPY OF ITS LISTING AS
7 FOUND IN THE CONSUMER INFORMATION INTERNET GUIDE. A NURSING HOME
8 SHALL PROVIDE TO EACH PROSPECTIVE RESIDENT AND FAMILY MEMBER OF
9 SUCH PROSPECTIVE RESIDENT WHO VISITS THE FACILITY, OR ANY MEMBER
10 OF THE PUBLIC UPON REQUEST, DURING NORMAL BUSINESS OR VISITING
11 HOURS, SUNDAY THROUGH SATURDAY, AN EXACT COPY OF ITS LISTING AS
12 SET FORTH IN THE CONSUMER INFORMATION INTERNET GUIDE.
13 (F) INSPECTIONS.--THE DEPARTMENT OF HEALTH SHALL VERIFY THE
14 AVAILABILITY OF THE LISTING DURING ANNUAL LICENSING SURVEYS. THE
15 DEPARTMENT OF HEALTH SHALL MONITOR COMPLIANCE WITH THE
16 REQUIREMENTS OF THIS ACT FOR REGULAR FILING OF THE LONG-TERM
17 CARE FACILITIES QUESTIONNAIRE WITH THE DEPARTMENT OF HEALTH.
18 (G) UPDATE.--THE DEPARTMENT OF HEALTH SHALL ISSUE
19 MODIFICATIONS TO THE LONG-TERM CARE FACILITIES QUESTIONNAIRE
20 RESULTING FROM CHANGES IN THE REIMBURSEMENT SYSTEM FOR NURSING
21 HOMES. SUCH MODIFICATIONS SHALL PROVIDE THE SAME INFORMATION IN
22 AN UPDATED FORMAT.
23 (H) REGULATIONS.--THE DEPARTMENT OF AGING SHALL PROMULGATE
24 REGULATIONS SETTING FORTH PROPOSED ADDITIONS, CHANGES, OR BOTH,
25 IF THE DEPARTMENT DOES ANY OF THE FOLLOWING:
26 (1) EXPANDS THE SCOPE OF THE CONSUMER GUIDE BEYOND THOSE
27 TOPICS EXPRESSLY SET FORTH IN SUBSECTION (A).
28 (2) EXPANDS THE SCOPE OF THE COMPARATIVE LIST BEYOND
29 THOSE TOPICS EXPRESSLY SET FORTH IN SUBSECTION (B).
30 (3) EXPANDS THE SCOPE OF ANY TOPIC EXPRESSLY SET FORTH
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1 IN SUBSECTION (A) OR (B).
2 SECTION 503. COMPLAINTS.
3 COMPLAINTS OF NONCOMPLIANCE WITH THIS ACT SHALL BE FILED WITH
4 THE DEPARTMENT OF AGING. A COMPLAINANT SHALL INCLUDE A LOCAL
5 OMBUDSMAN, A NURSING HOME EMPLOYEE, A NURSING HOME RESIDENT, A
6 PROSPECTIVE NURSING HOME RESIDENT, OR ANY PERSON REPRESENTING
7 THE INTERESTS OF A NURSING HOME RESIDENT OR PROSPECTIVE NURSING
8 HOME RESIDENT.
9 SECTION 504. ADDITIONAL CONSUMER INFORMATION.
10 EACH NURSING HOME SHALL PROVIDE TO EACH PROSPECTIVE RESIDENT
11 OR REPRESENTATIVE THEREOF AT THE TIME OF INITIAL INQUIRY, A
12 COMPANION CONSUMER GUIDE WHICH DESCRIBES HOW TO SELECT A NURSING
13 HOME. THIS INFORMATION CAN BE EITHER A PUBLICATION OF THE
14 DEPARTMENT OF AGING, A CAMERA-READY COPY OF A PUBLICATION
15 PROVIDED BY THE DEPARTMENT OF AGING OR A COMPARABLE PUBLICATION
16 THAT WILL INFORM THE CONSUMER ON HOW TO CHOOSE A NURSING HOME.
17 SECTION 505. PENALTIES.
18 THE DEPARTMENT OF AGING SHALL HAVE THE AUTHORITY TO ASSESS A
19 $1,000 CIVIL PENALTY FOR EACH VIOLATION OF THIS CHAPTER. ANY
20 PERSON AGGRIEVED BY AN ADJUDICATION BY THE DEPARTMENT OF AGING
21 SHALL HAVE THE RIGHT TO APPEAL UNDER 42 PA.C.S. (RELATING TO
22 JUDICIARY AND JUDICIAL PROCEDURE).
23 CHAPTER 7
24 MISCELLANEOUS PROVISIONS
25 SECTION 701. REPEALS.
26 ALL ACTS AND PARTS OF ACTS ARE REPEALED INSOFAR AS THEY ARE
27 INCONSISTENT WITH THIS ACT.
28 Section 8 702. Effective date. <--
29 This act shall take effect in 90 days.
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