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March 16, 2009 Volume 15, Number 11

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Table of Contents
- State Associations Seek a Say at Health Care Summits
- Specter Asks for Recission of IFR as New Bidding Battle Takes Shape
- Providers Heading to Medtrade Spring to Make Industry Connections
- Wal-Mart to Enter EHR Market; OptionCare Buys CareMax
- PPAC Worried about RACs; New Faces at CMS

For more industry news, features and highlights from our latest issue, please visit our Web site at www.homecaremag.com.

Headline News
State Associations Seek a Say at Health Care Summits
ATLANTA--The home health sector got a chance to make its voice heard last week when President Barack Obama’s administration held its first regional health care summit in Detroit in an effort to fast-track health care reform.

The Michigan Home Health Association was among 400 groups and individuals invited to attend the summit--billed as a “national conversation on health care”--on Thursday. The summit was the first of five to be held around the country; others are scheduled in Vermont (March 17), Iowa (March 23), North Carolina (March 31) and California (April 6).

Called for by Obama, who held his own White House summit on health March 5, the state meetings are the administration’s means of getting public input on health care concerns as the president presses Congress for a health care reform bill this year.

Hosted by Michigan Gov. Jennifer Granholm, Wisconsin Gov. Jim Doyle and Melody Barnes, director of the White House Domestic Policy Council, the Michigan summit was in question-and-answer format, said Harvey Zuckerberg, MHHA’s executive director.

“They took turns fielding questions from the audience,” Zuckerberg said, referring to the trio of moderators. “A number of those who spoke were pre-selected. My assumption is that those who were pre-selected could be counted on to cover major issues they wanted to cover in the discussion. And if you weren’t pre-selected, then you had to be chosen from a sea of hands in the air.”

While MHHA did not get picked to ask a question, Zuckerberg was prepared. “We didn’t know what the format would be,” he said. “We didn’t know whether we had the opportunity to present formal testimony.”

So, Zuckerberg wrote a position paper just in case. “We made sure we had a formal statement in hand and that it would be registered and accepted on behalf of our home care industry. And it was, so we are at least on record,” he said.

Speaking on behalf of all lines of home health care, including home medical equipment, Zuckerberg’s statement noted that home care “is a principal stakeholder to bringing down health care costs and to providing health care for all Americans.

“We believe strongly that this cannot be accomplished effectively without capturing the savings that would be achieved by addressing the care needs of the chronically ill,” he wrote. “Some 12 percent of all Americans account for 70 percent of yearly health care costs because they suffer from compound medical problems and can’t leave home without assistance … The goal, in our view, should be to keep people out of hospitals, and a home care-based, physician-overseen form of chronic disease management can help accomplish this objective.”

MHHA is not the only state association to be invited to the summits. The New England Medical Equipment Dealers Association won an invitation to the Burlington, Vt., event. The California Association of Medical Products Suppliers, the North Carolina Association for Medical Equipment Services and the Midwest Association for Medical Equipment Services have all actively sought invitations.

Karyn Estrella, executive director of NEMED, said two other representatives from her state association will also attend tomorrow’s Vermont summit. Gary Sheehan of Cape Medical Supplies in Sandwich, Mass., who was instrumental in garnering the invitation, and Bob Simmons from Boston Home Infusion in Dedham, Mass., will represent the association, she said.

“We’re pretty excited about it. We don’t know what to expect,” she said. Estrella has already submitted a question through the administration’s health care forum Web site, she said. The question: “Is home care being given serious consideration in health care reform and if it is, what role do you see home care playing?”

The goal in going, Estrella noted, was to let the voice of the industry be heard. Congress and the Obama administration need to know, she said, “that they really have the solutions to their problems right in this industry.

“If there is a way to have our voice heard, we will make it happen on Tuesday,” she promised. “We believe in this industry and we believe in our mission … If enough of us can get our voices heard, from the tiniest piece of the pie of home care, then hopefully, it can be a more productive discussion down the road.”

Rose Schafhauser, executive director of MAMES, agreed the industry’s voice needs to be heard in the health care reform conversations. MAMES has applied to be a part of the March 23 summit in Des Moines, Iowa.

“Hopefully, we will have a seat at the table and provide some input. Statistics show that we have to be an important part of health care reform. We need to get [the administration and Congress] to understand what it means to service beneficiaries in their homes. HME companies can be a part of that. There are a lot of people who want to be part of the solution.”

Bob Achermann, executive director of CAMPS, said his organization is “giving it the old college try” to secure an invitation to the California summit April 6. “We need to get a statement for the record submitted or try to get someone in the audience to ask a question, to seize the opportunity,” he said.


The Michigan summit was only one of numerous activities last week aimed at advancing health care reform.

--On Wednesday, Democratic Reps. Henry Waxman and George Miller of California and Democratic Rep. Charlie Rangel of New York vowed in a letter to the president to bring health care reform legislation to the House floor before the August recess. Waxman is chair of the Energy and Commerce Committee, Miller heads the Education and Labor Committee and Rangel chairs the Ways and Means Committee.

“As chairs of these committees and veterans of past health reform debates, we have agreed to coordinate our efforts,” the letter reads. “Our intention is to bring similar legislation before our committees and to work from a harmonized approach to ensure success.”

--On Thursday, Democratic aides to the Senate Health, Education, Labor and Pensions (HELP) Committee said a health care reform bill is being drafted and, like the House legislation, would be passed by the Senate before recessing in August.

--Meanwhile, The Hill reported that the Blue Dog Coalition, a group of 51 fiscally conservative House Democrats, is composing a letter to the president that will suggest a revenue-neutral health care reform plan. Obama has proposed a $634 billion reserve fund that would allow health coverage for all U.S. residents; the coalition believes that is much too great a cost.

Former HME owner Rep. Mike Ross, D-Ark., will head a new Blue Dog Health Care Task Force to work toward health care reform legislation "that not only addresses the millions of Americans lacking access and affordability of coverage, but also puts the country back on a fiscally sustainable path," according to a statement from the group.

Other members of the task force include Reps. Marion Berry (Ark.), Parker Griffith (Ala.), Zack Space (Ohio), John Barrow (Ga.), Travis Childers (Miss.), Jim Cooper (Tenn.), Mike Michaud (Maine), Collin Peterson (Minn.), Earl Pomeroy (N.D.), John Tanner (Tenn.), Mike Thompson (Calif.) and Charlie Wilson (Ohio).

--In addition, according to Time magazine, a bipartisan group of nine senators, including Sen. Max Baucus, D-Mont., chair of the Senate Finance Committee, are close to consensus on a health reform bill.

Calling themselves the “Gang of Nine,” the group includes Chuck Grassley, R-Iowa, ranking member of the Finance Committee; Jay Rockefeller, D-W.Va., chair of the Senate Finance Health Subcommittee; ranking member Orrin Hatch, R-Utah; Sen. Edward Kennedy, D-Mass., chair of the HELP Committee; ranking member Mike Enzi, R-Wyo.; Kent Conrad, D-N.D., chair of the Senate Budget Committee; ranking member Judd Gregg, R-N.H.; and Chris Dodd, D-Conn., chair of the Senate Banking Committee.


How do you feel about President Obama’s plan/budget for health care reform? To vote in HomeCare's monthly Web poll, visit www.homecaremag.com.


Specter Asks for Recission of IFR as New Bidding Battle Takes Shape
WASHINGTON--HME advocates got a boost last week when Sen. Arlen Specter, R-Pa., sent a letter asking HHS to rescind the competitive bidding interim final rule. But the battle over the DMEPOS bid could be tough as the Senate Finance Committee’s Health Subcommittee plans a hearing on the program.

The IFR--which reprises the Medicare bidding program following its delay by Congress last July--had originally been scheduled to take effect Feb. 17, but CMS postponed the date for 60 days to give the Obama administration time for review. Since the date delay, industry stakeholders have been working quickly to build support on Capitol Hill for recission of the IFR before its new effective date April 18.

They got it last week in Specter's letter. Addressed to Acting HHS Secretary Charles Johnson, the letter asks for a thorough analysis of competitive bidding before it is implemented a second time.

“Congress delayed the bidding program because it believed the initial roll-out of the program in 2008 had negative results for the four million patients affected and for the hundreds of providers, mostly small businesses, that were excluded from Medicare as a result of the award of first round contracts," Specter wrote. "The Medicare Improvements for Patients and Providers Act of 2008 (MIPPA) required that several reforms be incorporated into the bidding program. MIPPA addresses several near-term concerns with the program, but thoughtful and deliberate rulemaking by CMS was clearly anticipated by Congress, given congressional and stakeholder concern during initial implementation.

“It is my understanding that the home care community has expressed an interest in working with CMS to review the mechanics of the bidding program,” Specter continued. “However, CMS has not utilized the only existing mechanism, the Program Advisory and Oversight Committee (PAOC), to seek or incorporate feedback since MIPPA became law. I am informed that CMS in fact disbanded the initial PAOC, which was created to provide the agency with concrete, real-world guidance on the development and implementation of the bidding program.”

Specter recommended the administration rescind the IFR "and do a thorough and complete analysis of the competitive bidding program to determine the best way to move forward for beneficiaries.”

But some in the Senate could have different plans. Sen. John Rockefeller, D-W.Va., will convene a hearing of the Health Subcommittee April 1 to address the bidding program.

In June last year, Rockefeller, along with a group of senators including John Kerry, D-Mass.; Dianne Feinstein, D-Calif.; Tom Coburn, R-Okla.; and Larry Craig, R-Idaho, sent a letter to Senate Majority Leader Harry Reid, D-Nev., and Minority Leader Mitch McConnell, R-Ky., opposing a delay of the bid.

“In light of this past action," the American Association for Homecare said in a Wednesday report, "this hearing is likely to support re-implementation of the bidding program.”

“Clearly we are very pleased that Sen. Specter has communicated his support to the acting HHS secretary for rescinding the competitive bidding interim final rule,” commented Seth Johnson, vice president of government affairs for Pride Mobility Products, Exeter, Pa. However, he continued, “in order for the industry to be successful in securing that outcome we must remain focused on strengthening the level of congressional support being conveyed to HHS to rescind the IFR prior to its effective date in April.”

Once the rule takes effect, Johnson said, it would be "extremely difficult" to get it rescinded. After April 18, CMS is expected to rev up a rebid of Round One with a request for bids.

AAHomecare and numerous other industry organizations have called on HME stakeholders to submit comments on the IFR, due Tuesday, March 17 (tomorrow), by 5 pm ET. "The more the better," emphasized Invacare's Cara Bachenheimer, senior vice president of government relations.

To submit electronic comments, go to www.regulations.gov. Enter file code CMS-1561-IFC and click on "Go." The left-hand column of the next screen is headed "Narrow Results." Under "Document Type," click on "Rules," and that will take you to the actual rule. Click on "Send a Comment or Submission." Fill in the information required under "Submitter Information" and your comments. In your comments, refer to file code CMS-1561-IFC.

For additional information, see www.cms.hhs.gov/DMEPOSCompetitiveBid.

The entire rule can be viewed at http://edocket.access.gpo.gov/2009/pdf/E9-863.pdf.

Providers Heading to Medtrade Spring to Make Industry Connections
LAS VEGAS--If there’s an early buzzword for Medtrade Spring 2009, it is “networking.”

Trying to find their footing on the rocky road that is the home medical equipment industry these days, HME providers told HomeCare Monday they are looking to the conference and exposition for ideas, connections and information.

The mid-year event is set to run March 24-26 at the Las Vegas Convention Center, which Medtrade organizers and exhibitors hope bodes well for attendance. Last year’s Medtrade Spring was held in Long Beach, Calif., and drew about 4,000 participants, including 2,600 providers.

With an escalation of upheaval in the industry, however, Medtrade could be a magnet for those looking for up-to-the-minute information. More than 250 manufacturers will exhibit at the show, and more than 70 seminars on topics ranging from dealing with the oxygen cap to surviving the economic downturn are scheduled.

“We are sending a contingency of people--six or seven,” said Tom Coogan of Care Medical in Portland, Ore. “We are very interested in the legislative issues: the repealing of the cap on home oxygen at 36 months … the restriction or repeal of the 9.5 percent reduction [in reimbursement] for custom rehab. That’s really on our radar screen.”

The Care Medical team is also looking for information on competitive bidding, Coogan said. “And we want to see what’s progressing with [the American Association for Homecare], get up to real time and see how we can continue to effect change,” he noted.

John Cassar, CEO of Supercare in City of Industry, Calif., said Medtrade is the site of several meetings he has lined up. “It’s more of a networking opportunity,” he said.

However, he added, he is also interested in learning what programs manufacturers are offering to providers to support marketing initiatives. Cassar said he also plans to check out compliance programs for CPAPs.

Bill Baker, RRT, owner of RxO2 in Tucson, Ariz., said he’s hoping to break away from what has become a really busy time just so he can talk to other providers and assess how they perceive the state of the industry.

“I want to go, not so much for answers as for the mood,” he said. “I want to sit down and drink some beer and look around and catch the mood of the other [providers].”

As executive director of the Midwest Association of Medical Equipment Services, Rose Schafhauser said she is looking forward to making connections with providers at Medtrade Spring. MAMES, like other state associations, will have a booth, she said.

“That is extremely helpful,” she said. “Not only do we have an opportunity to have our members come to us, but we have an opportunity to meet new people.”

Medtrade Spring should also prove a boon to Las Vegas itself. The glitzy city has endured gloomy news lately. The Las Vegas Convention and Visitors Authority reported last week that the city had 340 event cancellations in three months, which cost some $131.6 million in spending--not including potential gambling revenues. In January alone, there was a near-12 percent decline in visitors from the same month in 2008, and the number of convention visitors dropped 20.6 percent.

All that has added up to sidelining an $890 million renovation of the convention center until at least mid-2010, officials said.

But Las Vegas' bad news could prove a boon to Medtrade Spring attendees: The average room rate fell by 20 percent to less than $105, the Authority said.


Medtrade Spring Deal for HomeCare Monday Readers
There’s still time! When you’re signing up for Medtrade Spring, use Code "Home2009" for $50 off your conference ticket if you register before the show. With more than 250 exhibitors and 70 educational sessions, the event is just around the corner on March 24-26 at the Las Vegas Convention Center. For more information on pre-show conferences, educational sessions and networking events, visit www.medtrade.com.


HME Company Newswire
Wal-Mart to Enter EHR Market; OptionCare Buys CareMax
BENTONVILLE, Ark.--This spring, Wal-Mart plans to begin offering low-cost electronic health records systems to physicians, company officials told the New York Times last week. The company's Sam's Club division will partner with Dell computers and software company EClinicalWorks to offer the service. Dell will furnish the docs with a desktop or tablet personal computer, while eClinicalWorks will provide the EHR and practice management software for patient billing.

According to the Times report, the nation's largest retailer will use its buying power to secure discounts on the software and hardware, resulting in an initial cost to set up the EHR system of less than $25,000 for the first physician and about $10,000 for each additional physician in a practice.

While President Bush called for electronic health records for all Americans by 2014, many physicians have been reluctant to make the switch (see HomeCare, August 2005). But Wal-Mart officials said their new EHR initiative would make it more accessible and cost-efficient for physicians to adopt health care IT because they could charge as much as 50 percent less than other health IT providers, the Times report said. In addition, the Obama administration is encouraging doctors to switch to electronic records with $19 billion in incentives in the economic stimulus package.

OptionCare Buys CareMax
DEERFIELD, Ill.--Walgreens subsidiary OptionCare Enterprises announced last month it has acquired Tampa, Fla.-based home care provider CareMax Medical Resources, which offers home infusion, respiratory and DME in seven communities in Colorado, Florida, Pennsylvania and Texas. Terms of the deal were not disclosed. With its $850 million blockbuster purchase of OptionCare in 2007--the largest in its history--Walgreens catapulted into the top eschelon of the nation's home infusion players. For more, see HomeCare Monday, July 9, 2007.

American Home Patients Posts Results for Q4, Year
BRENTWOOD, Tenn.--American HomePatient posted financial results March 5 for the fourth quarter and year ended Dec. 31, 2008. Revenues for the fourth quarter were $67.8 million compared to $71.5 million for the fourth quarter of 2007, a decrease of 5.2 precent. Revenues for 2008 were $266.9 million compared to $293 million for 2007, an 8.9 percent decrease. The company, which operates in 33 states, attributed the decline to "a change in inhalation drug product mix and the company’s de-emphasis of less profitable product lines such as non-respiratory durable medical equipment and infusion therapy."

While revenues were down, however, net income for the fourth quarter was $1.5 million compared to a net loss of $300,000 for the fourth quarter of 2007. Net income for 2008 was $500,000 compared to a net loss of $5.5 million for 2007. According to an AHP stataement, 2007 net income was affected by the recording of a change of control expense of $5.6 million, partially offset by a gain on discontinued operations of $1.8 million. The company said the net income increase is the result of improved operating efficiencies and accounts receivable collection processes.

Golden Technologies on Hit Home Makeover Show
OLD FORGE, Pa.--A lift and recline chair and an adjustable bed from Golden Technologies will be featured in the latest home building project on ABC's “Extreme Makeover: Home Edition.” The episode of the hit TV show, set to air May 3, features U.S. Army Veteran Jeff Cooper of Jamesville, N.C. Cooper, who is confined to a wheelchair due to multiple sclerosis and suffers the effects of Gulf War Syndrome, lives with his wife and two children in a doublewide trailer that is not designed to accommodate someone with a disability using a wheelchair. “Golden Technologies was founded by a U.S. Army Veteran. We also hold the national Veteran’s Administration scooter contract for veterans in need of an electric scooter," said Golden marketing manager Patricia O’Brien. "When I heard the story of this family, there was no doubt we would help them."

Sharper Image Signs HoMedics
NEW YORK and COMMERCE TOWNSHIP, Mich.--The Sharper Image has signed a $540 million, five-year licensing agreement with personal health and wellness product-maker HoMedics. Under the agreement, HoMedics will also offer relaxation, home environment, electronics, men's personal care and other products as The Sharper Image transforms from a retailer to a global lifestyle brand licensor.


In Brief
PPAC Worried about RACs; New Faces at CMS
HME providers aren't the only ones worried about CMS' new Recovery Audit Contractors. At a meeting March 9, members of the Practicing Physicians Advisory Council ticked off a number of concerns about the new RACs--most notably that the contractors are paid a contingency fee to identify improper payments. In addition, according to the docs, just getting medical records to the RACs will be a burden. In a letter addressed to CMS Acting Administrator Charlene Frizzera, the physician groups urged CMS to limit medical record requests to three in a 45-day period for solo practitioners. In addition, the letter said, the physician organizations "continue to believe that the RAC program is not the appropriate vehicle for achieving payment accuracy and will continue to advocate for its elimination and the redirection of incentive payments to physician outreach and education."

HME providers have questioned CMS' payment method for the RACs since a three-year demonstration began in 2005. And following a March 6 conference on the audit program, AAHomecare's Walt Gorski, vice president of government affairs, said it will have a "devastating impact on home care providers because we will be held responsible for what is in the medical record. AAHomecare believes there is a need for a new approach to stopping improper payments, focusing on better screening on the front end and denying entry into the Medicare program for entities that should not receive NPI numbers to begin with."

Following the RAC demonstration, which covered six states, CMS is set to roll the program out nationwide in 2010. For more, see "RACs Ready to Rack Up Improper Payments," HomeCare Monday, Nov. 17, 2008.

New Faces at CMS
On Thursday, CMS Acting Administrator Charlene Frizzera announced some personnel changes "that will position the agency to successfully implement the important initiatives and priorities outlined over the past few months by the president," she said in a memo. Among the changes:

Jonathan Blum, a former Senate Finance Committee staffer and Avalere analyst, has been named the new director of CMS' Center for Medicare Management. Blum worked with Finance Committee Chairman Max Baucus, D-Mont., during development of the Medicare Modernization Act. He also served as a program examiner for the Office of Management and Budget focusing on Medicare and was a health policy advisor to the Obama-Biden transition team.

Amy Hall, another former Capitol Hill staffer, has been named director of the agency's Office of Legislation. In her new capacity, Hall will develop the legislative agenda for the entire scope of CMS’ programs and will be the direct liaison between CMS, HHS and the White House Office of Management and Budget. Hall has worked for the House in various capacities and is a former staff member to House Energy and Commerce Committee Chairman John Dingell, D-Mich. According to Frizzera's memo, she was instrumental on all major health care financing legislation passed by the House during the last 10 years involving Medicaid, Medicare and SCHIP.

Surety Bond Call Tomorrow
CMS has scheduled a special Open Door Forum on Tuesday, March 17 (tomorrow) at 2 pm ET to address its new $50,000 surety bond requirement for DMEPOS providers. According to the Open Door notice, CMS staff will discuss key provisions of the final rule, including exemptions, implementation dates, the definition of a final adverse action and elevated surety bond amounts. To participate by phone, call 800/837-1935 and reference Conference 88857015.

NAS Holds Ask the Contractor Call
Noridian Administrative Services, the Jurisdiction D DME MAC, has scheduled an Ask the Contractor Teleconference for Tuesday, March 17 (tomorrow), at 3 pm CT. To participate, call 800/398-9389.

PAMS Plans 'Survival Summit'
The Pennsylvania Association of Medical Suppliers is planning an "HME Survival Summit" in Pittsburgh April 6. Members of the state's congressional delegation have been invited to speak, and the half-day program will conclude "with a clear call for fighting for the survival of our industry while at the same time preparing to walk into the wood chipper (Round 1.2)," said PAMS Executive Director John Shirvinsky. The event is free and is not limited to PAMS members. For information, visit www.pamsonline.org.

NGS to Review NPWT Claims
National Government Services announced Friday that Jurisdiction B Medical Review will begin a widespread prepayment review of negative pressure wound therapy pumps following a postpay probe last year that showed a 40 percent claim error rate. For more on the issue,
click here.

320 NHIA Supporters Attend Hill Rally
On a Capitol Hill lobby day March 5, some 320 Medicare patients and other supporters of the National Home Infusion Association urged Congress to act on the Medicare Home Infusion Therapy Coverage Act. Reintroduced earlier this year in the Senate (S. 254) and the House (H.R. 574), the bill would close a gap in coverage where the medicines used in infusions to treat serious diseases are covered, but not the medical services, supplies and equipment needed to deliver the home therapy (see HomeCare Monday, Jan. 26).

At a Washington forum, patients shared personal stories of the health and financial challenges they have experienced due to the lack of Medicare coverage, and advocated for enactment of the new legislation to eliminate unnecessary hospital stays when physicians and patients agree that treatment at home is preferable. “Medicare coverage of home infusion therapy is a prime example of immediate action we can take to deliver high-quality patient care at a lesser cost," said Sen. Johnny Isakson, R-Ga., at the forum. "I witnessed firsthand the world of difference treatment at home makes to patients and their caregivers when my son needed to be treated with intravenous medicines a few years ago. I believe he was able to heal faster because he underwent treatment at home. Everyone should be afforded this opportunity."

Medicare Pilot Seeks to Reduce Hospital Readmissions
Fourteen communities nationwide are participating in a pilot project that aims to reduce Medicare costs by preventing frequent hospital readmissions for chronically ill beneficiaries. According to a report in Louisiana's Baton Rouge Advocate, whose home city is one of the pilot sites, the program focuses on hospital discharge procedures involving patients with pneumonia, heart attack and congestive heart failure. Under the Care Transitions Project, patients meet with a "transition coach" who will provide them with information about staying healthy. Coaches help patients create a list of questions for their primary care physician, develop a self-care plan and discuss questions about medications. Patients meet with the coach before leaving the hospital and 48 hours after they are discharged, with additional follow-ups one week, two weeks and one month after being discharged.

GAO Report Pinpoints HHA Fraud, Abuse
Upcoding--overstating the severity of a beneficiary's condition--along with kickbacks, billing for services not rendered and other fraud and abuse contributed to a 44 percent increase in Medicare spending on home health care services from 2002-2006, according to a Government Accountability Office report. For example, the report said, a CMS contractor found that only 9 percent of claims were properly coded for 670 Houston beneficiaries who had the most severe clinical rating and who were served by potentially fraudulent HHAs.

Released Friday, the report found Medicare spending on home health totaled $12.9 billion in 2006, up 44 percent from 2002, despite an increase of less than 17 percent in the number of beneficiaries using the home health benefit during the five-year period. The report also found the number of home health agencies increased from 6,553 in 2002 to 8,463 in 2006, with more than half of the increase in only two states--Florida and Texas. To strengthen the controls on improper payments, the GAO recommended that CMS consider verifying the criminal history of all key officials named on an HHA enrollment application and developing new rules to make removing problem providers easier. To read the report in its entirety, click here.

To revisit this news any time during the week, go to www.homecaremonday.com.


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