2020 -- H 7898

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LC005077

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO HUMAN SERVICES -- PROFESSIONAL RESPONSIBILITY--CRIMINAL

RECORDS REVIEW

     

     Introduced By: Representatives Bennett, Ackerman, Cassar, Jackson, and Hawkins

     Date Introduced: February 26, 2020

     Referred To: House Judiciary

     (Governor/Executive Office of Health and Human Services)

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 12-1.6-1 and 12-1.6-2 of the General Laws in Chapter 12-1.6 entitled

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"National Criminal Records Check System" are hereby amended to read as follows:

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     12-1.6-1. Automated fingerprint identification system database.

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     The department of attorney general may establish and maintain an automated fingerprint

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identification system database that would allow the department to store and maintain all fingerprints

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submitted in accordance with the national criminal records check system. The automated

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fingerprint identification system database would provide for an automatic notification if, and when,

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a subsequent criminal arrest fingerprint card is submitted to the system that matches a set of

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fingerprints previously submitted in accordance with a national criminal records check. If the

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aforementioned arrest results in a conviction, the department shall immediately notify those

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individuals and entities with which that individual is associated and who are required to be notified

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of disqualifying information concerning national criminal records checks as provided in chapters

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17, 17.4, 17.7.1 of title 23 or § 23-1-52, 7.2 of title 42 or §§ 42-7.2-18.2 and 42-7.2-18.4. The

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information in the database established under this section is confidential and not subject to

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disclosure under chapter 38-2.

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     12-1.6-2. Long-term healthcare workers Long-term healthcare workers, high-risk

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Medicaid providers, and personal care attendants.

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     The department of attorney general shall maintain an electronic, web-based system to assist

 

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facilities, licensed under chapters 17, 17.4, 17.7.1 of title 23 or § 23-1-52 and the executive office

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of health and human services (EOHHS) under §§ 42-7.2-18.1 and 42-7.2-18.3, required to check

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relevant registries and conduct national criminal records checks of routine contact patient

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employees, personal care attendants and high-risk providers. The department of attorney general

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shall provide for an automated notice, as authorized in § 12-1.6-1, to those facilities or to EOHHS

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if a routine-contact patient employee, personal care attendant or high-risk provider is subsequently

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convicted of a disqualifying offense, as described in the relevant licensing statute or in §§ 42-7.2-

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18.2 and 42-7.2-18.4. The department of attorney general may charge a facility a one-time, set-up

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fee of up to one hundred dollars ($100) for access to the electronic web-based system under this

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section.

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     SECTION 2. Chapter 42-7.2 of the General Laws entitled "Office of Health and Human

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Services" is hereby amended by adding thereto the following sections:

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     42-7.2-18.1. Professional responsibility -- Criminal records check for high-risk

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providers.

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     (a) As a condition of enrollment and/or continued participation as a Medicaid provider,

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applicants to become and/or remain a provider shall be required to undergo a criminal records check

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including a national criminal records check supported by fingerprints by the level of screening

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based on risk of fraud, waste or abuse as determined by the executive office of health and human

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services (EOHHS) for that category of Medicaid provider.

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     (b) Establishment of risk categories. EOHHS, in consultation with the department of

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attorney general, shall establish through regulation, risk categories for Medicaid providers and

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provider categories who pose an increased financial risk of fraud, waste or abuse to the

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Medicaid/CHIP program, in accordance with § 42 C.F.R. §§ 455.434 and 455.450.

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     (c) High risk categories, as determined by EOHHS, may include:

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     (1) Newly enrolled home health agencies that have not been Medicare certified;

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     (2) Newly enrolled durable medical equipment providers;

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     (3) New or revalidating providers that have been categorized by EOHHS as high risk;

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     (4) New or revalidating providers with payment suspension histories;

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     (5) New or revalidating providers with office of inspector general exclusion histories;

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     (6) New or revalidating providers with qualified overpayment histories; or

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     (7) New or revalidating providers applying for enrollment post debarment or moratorium

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(federal or state-based).

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     (d) Upon the state Medicaid agency determination that a provider or an applicant to become

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a provider, or a person with a five percent (5%) or more direct or indirect ownership interest in the

 

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provider, meets EOHH's criteria for criminal records checks as a high risk to the Medicaid program,

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EOHHS shall require that each such provider or applicant to become a provider, undergo a national

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criminal records check supported by fingerprints.

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     (e) EOHHS shall require such a high risk Medicaid provider or applicant to become a

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provider, or any person with a five percent (5%) or more direct or indirect ownership interest in the

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provider, to submit to a national criminal records check supported by fingerprints within thirty (30)

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days upon request from the Centers for Medicare and Medicaid or EOHHS.

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     (f) The Medicaid providers requiring the national criminal records check shall apply to the

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department of attorney general, bureau of criminal identification (BCI) to be fingerprinted. The

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fingerprints shall be transmitted to the federal bureau of investigation (FBI) for a national criminal

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records check. The results of the national criminal records check shall be made available to the

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applicant undergoing a record check and submitting fingerprints.

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     (g) Upon the discovery of any disqualifying information, as defined in § 42-7.2-18.2 and

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as in accordance with the regulations promulgated by EOHHS, the BCI unit of the department of

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attorney general will inform the applicant, in writing, of the nature of the disqualifying information,

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and, without disclosing the nature of the disqualifying information, will notify the EOHHS, in

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writing, that disqualifying information has been discovered.

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     (h) In those situations in which no disqualifying information has been found, the BCI unit

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of the department of attorney general shall inform the applicant and EOHHS, in writing, of this

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fact.

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     (i) The applicant shall be responsible for the cost of conducting the national criminal

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records check through the BCI unit of the department of attorney general.

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     42-7.2-18.2. Professional responsibility -- Criminal records check disqualifying

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information for high-risk providers.

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     (a) Information produced by a national criminal records check pertaining to conviction, for

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the following crimes will result in notification to EOHHS, disqualifying the applicant from being

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a Medicaid provider: murder, voluntary manslaughter, involuntary manslaughter, first degree

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sexual assault, second degree sexual assault, third degree sexual assault, assault on persons sixty

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(60) years of age or older, assault with intent to commit specified felonies (murder, robbery, rape,

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burglary, or the abominable and detestable crime against nature), felony assault, patient abuse,

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neglect or mistreatment of patients, burglary, first degree arson, robbery, felony drug offenses,

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felony larceny, felony banking law violations, felony obtaining money under false pretenses, felony

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embezzlement, abuse, neglect and/or exploitation of adults with severe impairments, exploitation

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of elders, or a crime under section 1128a of the Social Security Act (42 U.S.C. 1320a-7(a)). An

 

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applicant against whom disqualifying information has been found, for purposes of appeal, may

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provide a copy of the national criminal records check to EOHHS, who shall make a judgment

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regarding the approval of or the continued status of that person as a provider.

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     (b) For purposes of this section, “conviction” means, in addition to judgments of conviction

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entered by a court subsequent to a finding of guilty or a plea of guilty, those instances where the

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defendant has entered a plea of nolo contendere and has received a sentence of probation and those

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instances where a defendant has entered into a deferred sentence agreement with the attorney

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general.

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     42-7.2-18.3. Professional responsibility -- Criminal records check for personal care

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aides.

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     (a) Any person seeking employment to provide care to elderly or individuals with

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disabilities who is, or may be required to be, licensed, registered, trained or certified with the office

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of Medicaid if that employment involves routine contact with elderly or individuals with disabilities

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without the presence of other employees, shall undergo a national criminal records check supported

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by fingerprints. The applicant will report to the department of attorney general, BCI unit to submit

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their fingerprints. The fingerprints shall be submitted to the FBI by the BCI unit of the department

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of attorney general. The national criminal records check shall be initiated prior to, or within one

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week of, employment.

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     (b) The director of the office of Medicaid may, by rule, identify those positions requiring

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criminal records checks. The identified employee, through EOHHS, shall apply to the BCI unit of

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the department of attorney general for a national criminal records check. Upon the discovery of any

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disqualifying information, as defined in § 42-7.2-18.4 and in accordance with the rule promulgated

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by the director of Medicaid, the BCI unit of the department of attorney general will inform the

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applicant, in writing, of the nature of the disqualifying information, and, without disclosing the

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nature of the disqualifying information, will notify EOHHS in writing, that disqualifying

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information has been discovered.

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     (c) An applicant against whom disqualifying information has been found, for purposes of

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appeal, may provide a copy of the national criminal history check to EOHHS who shall make a

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judgment regarding the approval of the applicant.

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     (d) In those situations, in which no disqualifying information has been found, the BCI unit

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of the department of attorney general shall inform the applicant and EOHHS, in writing, of this

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fact.

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     (e) EOHHS shall maintain on file evidence that criminal records checks have been initiated

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on all applicants subsequent to July 1, 2020.

 

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     (f) The applicant shall be responsible for the cost of conducting the national criminal

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records check through the BCI unit of the department of attorney general.

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     42-7.2-18.4. Professional responsibility -- Criminal records check disqualifying

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information for personal care aides.

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     (a) Information produced by a national criminal records check pertaining to conviction for

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the following crimes will result in a letter to the applicant and the executive office of health and

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human services (EOHHS), disqualifying the applicant: murder, voluntary manslaughter,

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involuntary manslaughter, first degree sexual assault, second degree sexual assault, third degree

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sexual assault, assault on persons sixty (60) years of age or older, assault with intent to commit

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specified felonies (murder, robbery, rape, burglary, or the abominable and detestable crime against

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nature), felony assault, patient abuse, neglect or mistreatment of patients, burglary, first degree

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arson, robbery, felony drug offenses, felony larceny, or felony banking law violations, felony

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obtaining money under false pretenses, felony embezzlement, abuse, neglect and/or exploitation of

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adults with severe impairments, exploitation of elders, or a crime under section 1128a of the Social

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Security Act (42 U.S.C. 1320a-7(a)).

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     (b) For purposes of this section, “conviction” means, in addition to judgments of conviction

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entered by a court subsequent to a finding of guilty or a plea of guilty, those instances where the

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defendant has entered a plea of nolo contendere and has received a sentence of probation and those

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instances where a defendant has entered into a deferred sentence agreement with the attorney

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general.

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     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HUMAN SERVICES -- PROFESSIONAL RESPONSIBILITY--CRIMINAL

RECORDS REVIEW

***

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     This act would require patient contact employees, personal care attendants and high-risk

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providers to undergo a national criminal records check and would disqualify those people from

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such employment if they have a criminal record for crimes of violence or other offenses listed.

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     This act would take effect upon passage.

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