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art.011/3/019/2/032/1

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ARTICLE 11 AS AMENDED

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RELATING TO MEDICAL ASSISTANCE RECOVERIES

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     SECTION 1. Title 27 of the General Laws entitled “INSURANCE” is hereby amended

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by adding thereto the following chapter:

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     CHAPTER 57.1

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     MEDICAL ASSISTANCE INTERCEPT ACT

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     27-57.1-1. Interception of insurance payments.-- (a) Every domestic insurer or

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insurance company authorized to issue policies of liability insurance pursuant to this title, and

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also any workers' compensation insurer, within thirty (30) days prior to the making of any

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payment equal to or in excess of five hundred dollars ($500) to any claimant, for third party for

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personal injury or workers' compensation benefits under a contract of insurance, shall review

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information provided by the executive office of health and human services pursuant to section 27-

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57.1-4, indicating whether the claimant has received medical assistance in accordance with

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chapter 40-8.

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     (b) If the insurer determines from the information provided by the executive office of

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health and human services pursuant to section 27-57.1-4 that the claimant or payee has not

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received medical assistance, the insurer may make the payment to the claimant in accordance

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with the contract of the insurance.

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     (c) If the insurer determines from the information provided by the executive office of

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health and human services pursuant to section 27-57.1-4 that the claimant or payee has received

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medical assistance, the insurer shall, except to the extent payments are subject to liens, written

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notices, or interests described in section 27-57.1-3, withhold from payment the amount to the

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extent of the distribution for medical assistance as a result of the accident or loss, dating back to

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the date of the incident, pay that amount to the executive office of health and human services and

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pay the balance to the claimant or other persons entitled to it. The executive office of health and

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human services shall provide written notice to the claimant and his or her attorney, if any. The

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notice shall reflect the date, name, social security number, case number, amount of the payment

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being withheld to reimburse the state, reason for payment and opportunity to request a hearing as

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provided for in subsection 27-57.1-1(e). Any insurer or insurance company, its directors, agents,

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and employees and central reporting organizations and their respective employees authorized by

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an insurer to act on its behalf that releases information in accordance with the provisions of this

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chapter, or who withholds an amount from payment based upon the latest information supplied by

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the executive office of health and human services pursuant to section 27-57.1-4 and disburses in

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accordance with section 27-57.1-3, shall be immune from any liability to the claimant, payee lien

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holder, payee who provided written notice, or security interest holder. Any withholding from

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payments in accordance with this chapter and payment made to the executive office of health and

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human services is further subject to the provisions of section 40-6-9, regarding rights of

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assignment and subrogation by medical assistance recipients. Said payments to the executive

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office of health and human services shall be for reimbursement of distributed medical assistance

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incurred as a result of the accident or loss, dating back to the date of the incident.

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     (d) Workers’ compensation claimants who receive medical assistance, provided in

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accordance with chapter 40-8, shall be subject to the provisions of this chapter. However, the

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workers’ compensation reimbursement payments made to the executive office of health and

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human services in accordance with this chapter shall be limited to that set forth in chapter 28-33

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and section 40-6-10.

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     (e) Any claimant aggrieved by any action taken under this section may within thirty (30)

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days of the mailing of the notice to the claimant in subsection (c) of this section, request a hearing

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from the executive office of health and human services. Any payments made by an insurer

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pursuant to this chapter shall be made to the executive office of health and human services,

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should there be no request for a hearing within thirty (30) days of receipt of notice, or within ten

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(10) business days of a decision after a hearing and in accordance with the decision of any

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hearing that takes place as provided for in this subsection.

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     27-57.1-2. Notice of interception of insurance settlements.-- In any case where the

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executive office of health and human services has intercepted an insurance payment, that office

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shall notify the recipient.

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     27-57.1-3. Certain liens not affected. -- Nothing in this chapter affects the validity or

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priority of liens or written notices of health care providers, attorney fees, holders of security

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interests, or the assignment of rights under section 40-6-9 or section 40-6-10. Funds subject to

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liens, written notices, or security interests shall be paid to the lien or interest holder. Funds

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available to be paid pursuant to chapter 27-57 for the payment of child support shall supersede

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any payment made pursuant to this chapter.

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     27-57.1-4. Information to be provided by the executive office of health and human

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services.-- (a) The executive office of health and human services shall periodically within each

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year furnish the insurance companies and insurers subject to this section with a list or compilation

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of claimants, who have received medical assistance, as a result of the accident or loss which is the

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basis of the claim and who have been identified and matched through the centralized database

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provided for in this chapter. The information provided to the insurance companies and insurers

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shall be the names of individuals, with last known addresses, who as of the date of the list or

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compilation have received medical assistance in excess of five hundred dollars ($500).

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     (b) In order to facilitate the efficient and prompt reporting of those medical assistance

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recipients in one centralized location, it is the duty and responsibility of the insurance companies

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doing business in the state to utilize one centralized database, to which the executive office of

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health and human services shall report and administer. Any insurer receiving information

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identifying an individual as a medical assistance recipient shall maintain the confidentiality of

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that information. Minimal data elements shall be shared with an agency contracted by the

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executive office of health and human services which maintains a centralized database of

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insurance claims. The contracted centralized database is required to keep confidential any

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personal and personnel information; records sufficient to identify an applicant for or recipient of

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medical assistance; preliminary drafts, notes, impressions, memoranda, working papers, and work

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products; as well as any other records, reports, opinions, information, and statements deemed

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confidential pursuant to state or federal law or regulation, or rule of court. That data shall not be

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disclosed to the insurer. Matched results are returned to the executive office of health and human

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services through its contracted agency. Proper quality assurance shall be performed by the

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contracted agency to insure the claim is open and collect additional information from the insurer

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including but not limited to contact information.

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     SECTION 2. Sections 27-57-1, 27-57-2 and 27-57-4 of the General Laws in Chapter 27-

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57 entitled "Child Support Intercept Act" are hereby amended to read as follows:

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     27-57-1. Interception of insurance payments. -- (a) Every domestic insurer or

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insurance company authorized to issue policies of liability insurance pursuant to this title, and

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also any workers' compensation insurer, shall, within thirty (30) days prior to the making of any

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payment equal to or in excess of three thousand dollars ($3,000) five hundred dollars ($500) to

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any claimant who is a resident of the state of Rhode Island or to any claimant who has an accident

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or loss that occurred in the state of Rhode Island, for third party for personal injury or workers'

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compensation benefits under a contract of insurance, review information provided by the

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department of administration, division of taxation, human service, office of child support

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services, child support enforcement pursuant to section 27-57-4 indicating whether the claimant

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owes past-due child support.

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      (b) If the insurer determines from the information provided by the department pursuant

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to section 27-57-4 that the claimant or payee does not owe past-due support, the insurer may

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make the payment to the claimant in accordance with the contract of the insurance.

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      (c) If the insurer determines from the information provided by the department pursuant

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to section 27-57-4 that the claimant or payee owes past-due child support, the insurer shall,

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except to the extent payments are subject to liens, written notices, or interests described in section

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27-57-3, withhold from payment the amount of past-due support and pay that amount to the

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family court which shall credit the person's child support obligation account for the amount so

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paid, and the insurer shall pay the balance to the claimant or other person entitled to it; provided,

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that the . The insurer or insurance company shall provide written notice by regular mail to the

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claimant and his or her attorney, if any, and notice by e-mail or other electronic means, to the

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department of the payment to the family court. The payment shall be deposited in the registry of

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the family court for a period of forty-five (45) days, or if an application for review has been filed

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pursuant to subsection (d), until further order of the court. The notice shall reflect the date, name,

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social security number, case number, and amount of the payment. Any insurer or insurance

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company, its directors, agents, and employees and central reporting organizations and their

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respective employees, authorized by an insurer to act on its behalf, who release information in

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accordance with the provisions of this chapter, or who withhold amounts from payment based

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upon the latest information supplied by the department pursuant to section 27-57-4 and makes

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disbursements in accordance with section 27-57-3, shall be in compliance and shall be immune

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from any liability to the claimant, payee lienholder, payee who provided written notice, or

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security interest holder for taking that action.

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      (d) Any claimant aggrieved by any action taken under this section may within thirty (30)

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days of the making of the notice to the claimant in subsection (c) of this section, seek judicial

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review in the family court, which may, in its discretion, issue a temporary order prohibiting the

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disbursement of funds under this section, pending final adjudication.

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     27-57-2. Notice provided to obligors of interception of insurance settlements. -- In

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any case where the department of administration, division of taxation human services, office of

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child support services, child support enforcement unit has intercepted an insurance payment, the

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department shall notify the obligor parent of this action upon crediting the obligor's account.

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     27-57-4. Information to be provided by the department of administration, division

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of taxation, child support enforcement Information to be provided by the department of

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human services, office of child support services, child support enforcement. -- (a) The

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department shall periodically within each year furnish the insurance companies and insurers

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subject to this section with a list or compilation of names of individuals, with last known

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addresses, who as of the date of the list or compilation owe past due support in excess of five

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hundred dollars ($500) as shown on the Rhode Island family court/department of administration,

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division of taxation, child support enforcement human services, office of child support services,

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child support enforcement computer system ("CSE system"). For the purposes of this section, the

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terms used in this section have the meaning and definitions specified in section15-16-2.

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      (b) In order to facilitate the efficient and prompt reporting of those arrearages in one

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centralized location, it is the duty and responsibility of the insurance companies doing business in

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the state to utilize one centralized database to which the department shall report and administer.

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     SECTION 3. Section 28-33-27 of the General Laws in Chapter 28-33 entitled "Workers'

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Compensation - Benefits" is hereby amended to read as follows:

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     28-33-27. Immunity of claims from assignment or liability for debt. -- (a) No claims

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or payments due for compensation under chapters 29 -- 38 of this title or under any alternative

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scheme permitted by sections 28-29-22 -- 28-29-24 shall be assignable, or subject to attachment,

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or liable in any way for any debts, except as set forth in subsection (b) of this section.

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      (b) A lien in favor of the department of labor and training and/or the department of

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human services executive office of health and human services shall attach by operation of law to

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any benefits due and payable under chapters 29 -- 38 of this title, or under any alternative scheme

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by sections 28-29-22 -- 28-29-24, to the extent that those payments have been made by the

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department of labor and training and/or the department of human services executive office of

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health and human services to or on behalf of an injured employee or his or her dependents, but

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only to the extent that the employee would be entitled to receive benefits under the provision of

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these chapters. Any such lien is subject to the provisions of section 40-6-10.

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     SECTION 4. Sections 40-6-9 and 40-6-10 of the General Laws in Chapter 40-6 entitled

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"Public Assistance Act" are hereby amended to read as follows:

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     40-6-9. Assignment of child, spousal and medical support rights Assignment and

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subrogation for recovery of child, spousal and medical support rights. -- (a) An applicant for

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or recipient of public assistance under this chapter or under title XIX of the federal Social

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Security Act, 42 U.S.C. section 1396 et seq., for and on behalf of himself or herself and for and

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on behalf of a child or children, shall be deemed, without the necessity of signing any document

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for purposes of recovery, to have made an assignment and given a right of subrogation to the

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executive office of health and human services and/or the department of human services, as

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applicable, of any and all rights and interests in any cause of action, past, present, or future, that

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the applicant or recipient may have against any person failing to or obligated to provide for the

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support, maintenance, and medical care of the applicant, recipient, and/or minor child or children,

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for the period of time that assistance is being paid by the executive office of health and human

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services and/or the department;. The executive office of health and human services and/or the

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department shall be subrogated to any and all rights, title, and interest the applicant or recipient

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may have against any and all property belonging to the obligated or non-supporting person in the

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enforcement of any claim for child, spousal, and medical support, whether liquidated through

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court order or not. The applicant or recipient shall also be deemed, without the necessity of

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signing any document, to have appointed the executive office of health and human services

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and/or the department of human services as his or her true and lawful attorney in fact to act in his

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or her name, place, and stead to perform the specific act of instituting suit to establish paternity or

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secure support and medical care, collecting any and all amounts due and owing for child, spousal,

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and medical support, endorsing any and all drafts, checks, money orders, or other negotiable

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instruments representing support payments which are received by executive office of health and

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human services and/or the department, and retaining any portion thereof permitted under federal

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and state statutes as reimbursement for financial and medical assistance previously paid to or for

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the recipient, child, or children.

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      (b) An applicant for or a recipient of medical assistance provided by executive office of

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health and human services and/or the department pursuant to this chapter, chapter 5.1, or chapter

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8 of this title or title XIX of the federal Social Security Act, 42 U.S.C. section 1396 et seq., for

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and on behalf of himself or herself, and for and on behalf of any other person for whom he or she

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may legally assign rights to any medical support or any other medical care, shall be deemed,

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without the necessity of signing any document for purposes of reimbursement, to have made an

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assignment and given a right of subrogation to executive office of health and human services

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and/or the department of human services of any and all rights and interests that he, she, or such

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other person may have: (1) to payment for any medical support; and (2) to payment for any

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medical care from any third party.

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      (c) In addition to the assignments and subrogation rights provided in subsections (a) and

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(b) of this section, an applicant for or a recipient of financial assistance provided by the executive

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office of health and human services and/or department pursuant to this chapter, whenever the

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assistance is necessary by reason of accident, injury, or illness for which a third party may be

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liable, for and on behalf of himself or herself, and for and on behalf of any other person for whom

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he or she may legally act, shall be deemed, without the necessity of signing any document, to

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have assigned and subrogated to the executive office of health and human services and/or the

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department of human services, from amounts recovered or recoverable from any third party, an

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amount of money equal to the amount of financial assistance provided as a result of the accident,

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illness, or injury.

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      (d) With respect to an assignment and subrogation rights established pursuant to this

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section, an applicant or recipient shall provide to the executive office of health and human

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services and/or the department of human services and/or the division of taxation within the

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department of administration all relevant information regarding the rights assigned and

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subrogated rights, and shall execute any documents relating thereto, in accordance with rules and

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regulations to be adopted by the executive office of health and human services and/or the

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department.

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      (e) With respect to any assignment of rights and subrogation rights for medical or

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financial support or recoveries under this section, the executive office of health and human

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services and/or the department of human services shall be considered to have acquired the rights

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of such individual to payment by any third party for such medical care and support, and financial

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support.

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     (f) An applicant for or a recipient of medical assistance provided by the executive office

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of health and human services in accordance with chapter 40-8 shall also be subject to the

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provisions of chapter 27-57.1. Funds available to be paid for the payment of child support shall

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supersede any payment made pursuant to this chapter and chapter 27-57.1.

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     40-6-10. Effects of assistance on receipt of workers' compensation benefits. -- (a) No

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individual shall be entitled to receive assistance provided under this chapter or chapter 5.1 of this

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title and/or medical assistance under chapter 8 of this title for any period beginning on or after

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July 1, 1982, with respect to which benefits are paid or payable to individuals under any workers'

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compensation law of this state, any other state, or the federal government, on account of any

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disability caused by accident or illness. In the event that workers' compensation benefits are

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subsequently awarded to an individual with respect to which the individual has received

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assistance payments under this chapter or chapter 5.1 of this title and/or medical assistance under

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chapter 8 of this title, then the department executive office of health and human services shall be

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subrogated to the individual's rights in the award to the extent of the amount of the payments

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and/or medical assistance paid to or on behalf of the individuals.

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      (b) Whenever an employer or insurance carrier has been notified by the department

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executive office of health and human services that an individual is an applicant for or a recipient

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of assistance payments under this chapter or chapter 5.1 of this title, and/or medical assistance

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under chapter 8 of this title, for a period during which the individual is or may be eligible for

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benefits under the Workers' Compensation Act, chapters 29--38 of title 28, the notice shall

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constitute a lien in favor of the department executive office of health and human services, upon

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any pending award, order, or settlement to the individual under the Workers' Compensation Act.

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The employer or his or her insurance carrier shall be required to reimburse the department of

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human services executive office of health and human services the amount of the assistance

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payments and/or medical assistance paid to or on behalf of the individual for any period for which

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an award, order, or settlement is made.

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      (c) Whenever an individual becomes entitled to or is awarded workers' compensation for

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the same period with respect to which the individual has received assistance payments under this

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chapter or chapter 5.1 of this title and/or medical assistance under chapter 8 of this title, and

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whenever notice of the receipt of assistance payments has been given to the division of workers'

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compensation of the department of labor and training of this state and/or the workers'

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compensation commission, the division or commission is hereby required to and shall incorporate

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in any award, order, or approval of settlement, an order requiring the employer or his or her

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insurance carrier to reimburse the department executive office of health and human services the

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amount of the assistance payments and/or medical assistance paid to or on behalf of the

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individual for the period for which an award, order, or settlement is made.

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     (d) Any claims or payments to a recipient of medical assistance provided by the executive

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office of health and human services in accordance with chapter 40-8 shall also be subject to the

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provisions of chapter 28-33-27. Funds available to be paid for the payment of child support shall

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supersede any payment made pursuant to this chapter and chapter 27-57.1.

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     SECTION 5. Section 40-8-15 of the General Laws in Chapter 40-8 entitled "Medical

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Assistance" is hereby amended to read as follows:

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     40-8-15. Lien on deceased recipient's estate for assistance. -- (a) (1) Upon the death of

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a recipient of medical assistance under Title XIX of the federal Social Security Act, 42 U.S.C. §

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1396 et seq., the total sum of medical assistance so paid on behalf of a recipient who was fifty-

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five (55) years of age or older at the time of receipt of the assistance shall be and constitute a lien

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upon the estate, as defined herein in subdivision (a)(2) below, of the recipient in favor of the

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department of human services executive office of health and human services. The lien shall not be

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effective and shall not attach as against the estate of a recipient who is survived by a spouse, or a

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child who is under the age of twenty-one (21), or a child who is blind or permanently and totally

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disabled as defined in Title XVI of the federal Social Security Act, 42 U.S.C. § 1381 et seq. The

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lien shall not be effective and shall not attach as against a recipient's estate, which has been

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admitted for probate administration unless the department has filed a claim for reimbursement in

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the probate court in accordance with § 33-11-5 or other applicable law. The lien shall attach

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against property of a recipient, which is included or includible in the decedent’s probate estate,

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regardless of whether or not a probate proceeding has been commenced in the probate court by

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the executive office of health and human services or by any other party. Provided, however, that

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such lien shall only attach and shall only be effective against the recipient’s real property

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included or includible in the recipient’s probate estate if such lien is recorded in the land evidence

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records and is in accordance with subsection 40-8-15(f). Decedents who have received medical

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assistance are subject to the assignment and subrogation provisions of sections 40-6-9 and 40-6-

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10.

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     (2) For purposes of this section, the term "estate" with respect to a deceased individual

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shall include all real and personal property and other assets included or includable within the

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individual's probate estate

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     (b) The department executive office of health and human services is authorized to

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promulgate regulations to implement the terms, intent, and purpose of this section and to require

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the legal representative(s) and/or the heirs-at-law of the decedent to provide reasonable written

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notice to the department executive office of health and human services of the death of a recipient

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of medical assistance who was fifty-five (55) years of age or older at the date of death, and to

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provide a statement identifying the decedent's property and the names and addresses of all

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persons entitled to take any share or interest of the estate as legatees or distributees thereof.

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     (c) The amount of medical assistance reimbursement imposed under this section shall

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also become a debt to the state from the person or entity liable for the payment thereof.

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     (d) Upon payment of the amount of reimbursement for medical assistance imposed by

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this section, the director secretary of the department of human services executive office of health

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and human services, or his or her designee, shall issue a written discharge of lien.

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     (e) Upon application to the director and a determination by the director that the lien is

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either inapplicable or that no reimbursement for medical assistance is due with respect to the

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estate, the director shall issue a written discharge of lien.

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     (f) Provided, however, that no lien created under this section shall attach nor become

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effective upon any real property unless and until a statement of claim is recorded naming the

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debtor/owner of record of the property as of the date and time of recording of the statement of

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claim, and describing the real property by a description containing all of the following: (1) tax

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assessor's plat and lot; and (2) street address. The statement of claim shall be recorded in the

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records of land evidence in the town or city where the real property is situated. Notice of said lien

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shall be sent to the duly appointed executor or administrator, the decedent’s legal representative,

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if known, or to the decedent’s next of kin or heirs at law as stated in the decedent’s last

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application for medical assistance.

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     (g)(f) The department of human services executive office of health and human services

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shall establish procedures, in accordance with the standards specified by the secretary, U.S.

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Department of Health and Human Services, under which the department of human services

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executive office of health and human services shall waive, in whole or in part, the lien and

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reimbursement established by this section if such lien and reimbursement would work an undue

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hardship, as determined by the department executive office of health and human services, on the

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basis of the criteria established by the secretary in accordance with 42 U.S.C. § 1396p(b)(3).

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     (g) Upon the filing of a petition for admission to probate of a decedent’s will or for

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administration of a decedent’s estate, when the decedent was fifty-five (55) years or older at the

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time of death, a copy of said petition and a copy of the death certificate shall be sent to the

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executive office of health and human services. Within thirty (30) days of a request by the

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executive office of health and human services, an executor or administrator shall complete and

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send to the executive office of health and human services a form prescribed by that office and

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shall provide such additional information as the office may require. In the event a petitioner fails

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to send a copy of the petition and a copy of the death certificate to the executive office of health

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and human services and a decedent has received medical assistance for which the executive office

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of health and human services is authorized to recover, no distribution and/or payments, including

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administration fees, shall be disbursed. Any person and /or entity that receives a distribution of

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assets from the decedent’s estate shall be liable to the executive office of health and human

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services to the extent of such distribution.

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     (h) Compliance with the provisions of this section shall be consistent with the

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requirements set forth in section 33-11-5 and the requirements of the affidavit of notice set forth

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in section 33-11-5.2. Nothing in these sections shall limit the executive office of health and

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human services from recovery, to the extent of the distribution, in accordance with all state and

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federal laws.

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     SECTION 6. Chapter 40-8 of the General laws entitled “Medical Assistance” is hereby

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amended by adding thereto the following section:

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     40-8-9.1. Notice. -- Whenever an individual who is receiving medical assistance under

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this chapter transfers an interest in real or personal property, such individual shall notify the

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executive office of health and human services within ten (10) days of the transfer. Such notice

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shall be sent to the individual’s local office and the legal office of the executive office of health

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and human services and include, at a minimum, the individual’s name, social security number or,

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if different, the executive office of health and human services identification number, the date of

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transfer and the dollar value, if any, paid or received by the individual who received benefits

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under this chapter. In the event an individual fails to provide notice required by this section to the

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executive office of health and human services and in the event an individual has received medical

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assistance, any individual and/or entity, who knew or should have known that such individual

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failed to provide such notice and who receives any distribution of value as a result of the transfer,

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shall be liable to the executive office of health and human services to the extent of the value of

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the transfer. Moreover, any such individual shall be subject to the provisions of section 40-6-15

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and any remedy provided by applicable state and federal laws and rules and regulations. Failure

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to comply with the notice requirements set forth in the section shall not affect the marketability of

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title to real estate transferred, while the transferor is receiving medical assistance

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     SECTION 7. Chapter 33-11 of the General Laws entitled “Claims Against Decedents’

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Estates” is hereby amended by adding thereto the following section:

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     33-11-5.2. Fiduciary’s affidavit regarding notice to creditors and OHHS. -- In order

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to close an estate, whether by accounting or affidavit of completed administration, the fiduciary

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shall submit to the probate court an affidavit in substantially the following form:

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     STATE OF RHODE ISLAND PROBATE COURT OF THE

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     COUNTY _____________ TOWN OF _____________

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     ESTATE OF __________________ NO. ________

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     FIDUCIARY’S AFFIDAVIT REGARDING NOTICE TO CREDITORS AND TO THE

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EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

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     The undersigned fiduciary of the above-captioned estate upon oath deposes and says that

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(a) notice of the commencement of the estate was mailed to all known or reasonably ascertainable

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creditors of the estate, as well as to the executive office of health and human services when the

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decedent was fifty-five (55) years or older, or that (b) no such notice was required to be mailed

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because the estate had no known or reasonably ascertainable creditors and the decedent was under

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the age of fifty-five (55).

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     Name Date

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     Subscribed and sworn before me this ______ day of _______, 20__.

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     _______________________________________

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     Notary public

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     SECTION 8. Section 33-22-3 of the General Laws in Chapter 33-22 entitled "Practice in

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Probate Courts" is hereby amended to read as follows:

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     33-22-3. Notice given by petitioner on filing of petition and hearing. -- In addition to

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the notice prescribed by section 33-7-9, and to notice by publication in the manner as prescribed

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by section 33-22-11, the petitioner or his or her attorney shall, at least ten (10) days before the

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date set for hearing on the petition, send or cause to be sent by mail, postage prepaid, addressed to

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each person whose name and post office address is by section 33-22-2(3) required to be set forth

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in the petition, as the names and addresses are set forth therein or as then known to the petitioner,

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and when the decedent was fifty-five (55) years or older to the executive office of health and

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human services and in accordance with section 40-8-15, notice of the filing, the nature of the

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petition, and of the time and place set for hearing on the petition, or in lieu thereof a copy of the

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newspaper notice published pursuant to the provisions of section 33-22-11; provided, however,

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that in the case of any person entitled to notice hereunder whose post office address is outside the

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continental limits of the United States this notice shall be sent at least three (3) weeks before the

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date set for the hearing; and provided further that the petitioner or his or her attorney shall not be

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required to send this notice to any person sui juris who shall at, or prior to, the hearing waive

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notice of its pendency in writing either on the petition or by instrument separately filed. The

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petitioner or his or her attorney shall at or prior to the hearing file or cause to be filed an affidavit

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that the notice was given, setting forth the names and post office addresses of the persons to

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whom the notice was sent and the date of mailing of the notice, together with a copy of the notice.

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     SECTION 9. This article shall take effect July 1, 2012.