[31 Pa.B. 711]
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Regulation Being Proposed Date Agency Considered of Promulgation Need and Legal Basis for Action Contact HEALTH
Health Facility Licensure-General & Special Hospitals & Health Planning 28 Pa. Code § 301.1 et seq. 28 Pa. Code § 401.1 et seq. August 2001, as final-omitted. The amendments to existing regulations will repeal chapters on health planning (federal program and certificate of need), as statutory authority for both chapters has terminated. Pursuant to the Health Care Facilities Act, 35 P. S. § 448.101 et seq. James T. Steele, Jr.
(717) 783-2500Health Facility Licensure-General Administrative Chapter & General and Special Hospitals. 28 Pa. Code § 101.1 et seq. August 2001, as proposed. The amendments to existing regulations will update the licensure standards for general and special hospitals. Pursuant to the Health Care Facilities Act, 35 P. S. § 448.101 et seq. James T. Steele, Jr.
(717) 783-2500Home Health Care Agencies 28 Pa. Code § 601.1 et seq. December 2001, as proposed. The amendments to existing regulations will provide for consistency with federal conditions of participation in Medicare programs. (Anticipated date of publication of federal regulations is spring of 2001). Pursuant to the Health Care Facilities Act, 35 P. S. § 448.101 et seq. Carol Somerset-Griffie
(717) 783-2500Communicable Diseases 28 Pa. Code § 27.1 et seq. July 2001, as final. The amendments to existing regulations will make them consistent with current public health practices for the control of communicable and other reportable conditions. Pursuant to the Disease Prevention and Control Law of 1955, 35 P. S. §§ 521.1-521.21. Yvette M. Kostelac
(717) 783-2500School Health Immunization 28 Pa. Code § 23.83 May 2001, as final. The amendments to existing regulations will add to the list of immunizations required for school entry and for entry into the seventh grade consistent with recommendations by the Centers for Disease Control and Prevention's Advisory Committee on Immunization Practices. Pursuant to the Public School Code of 1949, 24 P. S. §§ 1-101, 13-1303a; the Disease Prevention and Control Law of 1955, 35 P. S. §§ 521.1, 521.16; the Administrative Code of 1929, 71 P. S. §§ 51,532(g), 541(b), and 541(c.1); and the Hepatitis Prevention Act, 35 P. S. §§ 630.1 and 630.2. Yvette M. Kostelac
(717) 783-2500Managed Care Regulations 28 Pa. Code § 9.1 et seq. April 2001, as final. The amendments to existing regulations will amend Chapter 9. Managed Care Organizations, Subchapter A. Health Maintenance Organizations, Subchapter D. PHOs and POs and IDs, and Subchapter E. Quality Health Care Accountability and Protection. Pursuant to the Health Maintenance Organization Act, 40 P. S. §§ 1551--1567; and Article XXI of the Insurance Company Law of 1921, as added by the Act 68 (1998) amendment of that law, 40 P. S. §§ 991.2101--991.2193. Yvette M. Kostelac
(717) 783-2500Environmental Health Assessment 28 Pa. Code § 17.1 et seq. No publication anticipated in the next six months. The amendments to existing regulations will facilitate the transfer of authority for certain environmental regulations from the former Department of Environment Resources to the Department of Health. Pursuant to 71 P. S. § 532 and 71 P. S. § 1340.101 et seq. Grace R. Schuyler
(717) 783-2500Public Bathing Place Lifeguard Requirements 28 Pa. Code § 18.1; § 18.42 April 2001, as final. The amendments to existing regulations will provide lifeguard requirements for recreational swimming establishments, and add requirements for lifeguard certification and factors to be considered in determining adequate lifeguard coverage. Pursuant to Act 75 of 1998, amending 35 P. S. §§ 672-680 (the Public Bathing Law). Grace R. Schuyler
(717) 783-2500Special Supplemental Food Program for Women, Infants and Children (WIC Program) 28 Pa. Code § 1101.1 et seq. June 2001, as proposed. The amendments to existing regulations will bring the State regulations into compliance with changes in the Federal regulations (7 CFR 246) published December 29, 2000, relating to vendor selection criteria, training requirements, monitoring requirements and compliance investigations, and the vendor appeals process. Pursuant to the Child Nutrition Act of 1966, 42 U.S.C. § 1786, and 71 P.S § 532. Karin Simpson Gutshall
(717) 783-2500Health Facility Licensure/Hospices 28 Pa. Code § 651.1 et seq. August 2001, as proposed. These new regulations to license and regulate hospices will, at a minimum, contain standards set forth in regulations for hospices certified as providers under the Medicare Program. Pursuant to the Act 95 (1998) amending the Health Care Facilities Act, 35 P. S. § 448.101 et seq. Tanya Leshko
(717) 783-2500Hearing Aid Sales and Registration/Continuing Education 28 Pa. Code § 25.201 et seq. April 2001, as proposed. The amendments to existing regulations will include continuing education requirements for hearing aid fitters, provide for 30-day money back written guarantees on hearing aids, and revise certification fees for consistency with the statute. Pursuant to Act 153 of 1998, amending the Hearing Aid Sales Registration Act, 35 P. S. § 6700-101 et seq. Tanya Leshko
(717) 783-2500Head Injury Program
28 Pa. Code §§ 4.1-4.14 et seq.May 2001, as final. These new regulations will facilitate the implementation of this program. Pursuant to the Emergency Medical Services Act, 35 P. S. § 6934(e). Tanya Leshko
(717) 783-2500Newborn Screening
28 Pa. Code § 28.1 et seq.March 2001, as proposed The amendments to the existing regulations will add four diseases to the list of required diseases for which newborns must be screened. The amendments will also prescribe the manner by which specimens are to be collected and tested. Pursuant to the Newborn Child Testing Act, 35 P. S. §§ 621--625 Stephanie Michel-Segnor
(717) 783-2500Drug and Alcohol Facility Physical Plant Standards 28 Pa. Code §§ 705.1-705.29. July 2001, as final. The amendments to existing regulations will establish uniform standards for all residential and non-residential services. Pursuant to the Pennsylvania Drug and Alcohol Abuse Control Act, 71 P. S. §§ 1690.101--1690-115. Keith Fickel
(717) 783-2500Schedule of Controlled Substances 28 Pa. Code § 25.75. March 2001, as final. The amendments to existing regulations will reschedule dronabinol from Schedule II to Schedule III. Pursuant to the Controlled Substance, Drug, Device and Cosmetic Act, 35 P. S. § 780-101 et seq. Keith Fickel
(717) 783-2500Narcotic Treatment Standards 28 Pa. Code §§ 701 and 715. August 2001, as final. The amendments to existing regulations will repeal 4 Pa. Code § 263, transfer regulations to Title 28, and amend and update narcotic treatment, including methadone treatment standards. Pursuant to the Pennsylvania Drug and Alcohol Abuse Control Act, 71 P. S. §§ 1690-101--1690.115. Keith Fickel
(717) 783-2500Prevention Activities
28 Pa. Code §§ 701 and 713.March 2001, as proposed. The amendments to existing regulations will repeal standards for approval of drug and alcohol prevention activities. Pursuant to the Pennsylvania Drug and Alcohol Abuse and Control Act, 71 P. S. §§ 1690-101--1690.115. Keith Fickel
(717) 783-2500HOUSING FINANCE AGENCY
No regulations being developed or considered at this date. INFRASTRUCTURE INVESTMENT AUTHORITY No regulations being developed or considered at this date. INSURANCE
Allocation of Joint Expenses, 31 Pa. Code, Chapter 3, §§ 3.1--3.6 February 2001, as final. Repeal needs to be effective 01/01/2001 to be consistent with NAIC codified accounting practices and procedures. Peter J. Salvatore,
(717) 787-4429Miscellaneous (Relating to Uniform Classification of Expenses), 31 Pa. Code, Chapter 11, §§ 11.1--11.7 February 2001, as final. Repeal §§ 11.4-6 and amend § 11.7 to be effective 01/01/2001 to be consistent with NAIC codified accounting practices and procedures. Peter J. Salvatore,
(717) 787-4429Stock Ownership Statements, 31 Pa. Code, Chapter 21, §§ 21.1--21.103 Summer 2001, as proposed. Amend to update requirements relating to Stock Ownership Statements consistent with NAIC model language. Peter J. Salvatore,
(717) 787-4429Proxies, Consents and Authorizations, 31 Pa. Code, Chapter 23, §§ 23.1--23.96 Summer 2001, as proposed. Amend to update requirements relating to Proxies, Consents and Authorizations consistent with NAIC model language. Peter J. Salvatore,
(717) 787-4429Acquisitions of Capital Stock (Insurance Company Holding Law) , 31 Pa. Code, Chapter 25, §§ 25.1--25.23 March 2001, as final. Amend to be consistent with 1993 and 2000 amendments to the authorizing statute and to eliminate unnecessary filing requirements Peter J. Salvatore,
(717) 787-4429Producer Licensing, 31 Pa. Code, Chapter 37, §§ 37.1--37.84 Spring 2002, as proposed. Amend 31 Pa. Code, Chapter 37, Agent Certificates of Qualification and Broker Licenses, to address fees relating to company appointments. Peter J. Salvatore,
(717) 787-4429Advertising of Insurance, 31 Pa. Code, Chapter 51, §§ 51.1--51.61 Summer 2001, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore,
(717) 787-4429Special Rules of Administrative, Practice and Procedure, 31 Pa. Code, Chapter 56, §§ 56.1--56.3 Spring 2001, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore,
(717) 787-4429Objections and Procedure for Hearings on Reports of Examination, 31 Pa. Code, Chapter 58, §§ 58.1--58.3 Summer 2001, as proposed. Repeal to eliminate outdated, unnecessary requirements consistent with the new examination law adopted in 1992 (40 P. S. §§ 323.1--323.8). Peter J. Salvatore,
(717) 787-4429Cancellations and Refusal to Renew Homeowners Insurance, 31 Pa. Code, Chapter 59, §§ 59.1--59.13 Fall 2001, as proposed. Amended language to regulation and statute is being drafted pursuant to Executive Order 1996-1. Peter J. Salvatore,
(717) 787-4429Notices for and Appeals of Cancellations and Refusals to Renew Automobile Insurance Policies, 31 Pa. Code, Chapter 61, §§ 61.1--61.14 Fall 2001, as proposed. Modify regulation consistent with the statute (40 P. S. §§ 1008.1 et seq.). The regulations provide guidance to automobile insurers relating to cancellations and nonrenewals of certain automobile insurance policies, and the available administrative process to secure an administrative review of such terminations. Peter J. Salvatore,
(717) 787-4429Private Passenger Automobile Policy Forms, 31 Pa. Code, Chapter 64, §§ 64.1--64.14 Fall 2001, as proposed. Repeal pursuant to Executive order 1996-1. Peter J. Salvatore,
(717) 787-4429Charter Amendments, 31 Pa. Code, Chapter 65, §§ 65.21--26 Spring 2001, as proposed. Amend to eliminate outdated, unnecessary provisions relating to minimum capital and surplus requirements pursuant to Executive Order 1996-1. Peter J. Salvatore,
(717) 787-4429Motor Vehicle Financial Responsibility Law--Evidence of Financial Responsibility, 31 Pa. Code, Chapter 67, §§ 67.21--28 Fall 2001, as proposed. Amend to make the regulation consistent with statutory requirements. Peter J. Salvatore,
(717) 787-4429Replace Life Insurance Annuities, 31 Pa. Code, Chapter 81, §§ 81.1--9 Summer 2001, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore,
(717) 787-4429Variable Life Insurance, 31 Pa. Code, Chapter 82, §§ 82.1--91 Fall 2001, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore,
(717) 787-4429Disclosure in Solicitation of Life Insurance, 31 Pa. Code, Chapter 83, §§ 83.1--57 Summer 2001, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore,
(717) 787-4429Annuity Disclosure, (NEW Chapter 83a) Summer 2001, as proposed. A new regulation to eliminate misleading illustrations, make illustrations more understandable and to standardize the disclosure statement language to be use with the selling of annuities. Peter J. Salvatore,
(717) 787-4429Variable Annuity & Accumulation Contracts, 31 Pa. Code, Chapter 85, §§ 85.1--85.40 Winter 2001, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore,
(717) 787-4429Requirements for Life Policies and Sales Practices, 31 Pa. Code, Chapter 87, §§ 87.1--87.42 Summer 2001, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore,
(717) 787-4429Life Insurance Illustrations (New Chapter 87a) Summer 2001, as proposed. Act 154 of 1996 provides for life insurance illustration requirements for life insurance policies. The statute sunsets when a life insurance illustration regulation becomes effective. A life insurance illustration regulation will eliminate misleading illustrations, make illustrations more understandable, and standardize terms and illustration formats for the entire life insurance industry. Further, it is more appropriate that technical requirements, such as these, appear in a regulation rather than in statutory form. Peter J. Salvatore,
(717) 787-4429Individual Accident & Sickness Minimum Standards, 31 Pa. Code, Chapter 88, §§ 88.1--88.195 Summer 2001, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore,
(717) 787-4429Requirements for All Policies and Forms, 31 Pa. Code, Chapter 89, §§ 89.1--89.5, 89.11, 89.17 and 89.21--89.23 and new General Filing Requirements and General Contents of Forms §§ 89a.1--89a.6 Fall 2001, as final. Changes will be promulgated regarding the deregulation of rates and forms filings for accident and health insurance, as a result of Act 159 of 1996. Changes will be made pursuant to the health care provisions of the Federal Health Insurance Portability and Accountability Act of 1996. Life, annuities and property and casualty general filing requirements are being combined in the new regulation. Peter J. Salvatore,
(717) 787-4429Preparation of Forms, etc., 31 Pa. Code, Chapter 89, §§ 89.12--16, 89.18--89.62 and 89.101 Summer 2001, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore,
(717) 787-4429Separate Accounts for Principle and Interest Guarantees, 31 Pa. Code, Chapter 90a, §§ 90a.1--90a.31 Winter 2001, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore,
(717) 787-4429Cash Advances to Insurance Companies 31 Pa. Code, Chapter 105, §§ 105.1--105.2 Summer 2001, as proposed. Amend to apply to all types of insurers, reflect statutory amendments adopted in 1992 and 1995 and to eliminate outdated, unnecessary provisions relating to cash advancements to insurance companies pursuant to Executive Order 1996-1. Peter J. Salvatore,
(717) 787-4429Public Adjusters, 31 Pa. Code, Chapter 115, §§ 115.1--115.8 Spring 2001, as proposed. The regulation was initially promulgated to clarify the requirements of public adjuster contracts. The authorizing statute, Act 72, was amended in 1983 (63 P. S. §§ 1601--1608), and the Insurance Department seeks to modify Chapter 115 to be consistent with the revised statutory language. Licensing requirements are being proposed to be added to this regulation. Peter J. Salvatore,
(717) 787-4429Discounting Workers' Compensation Loss Reserves, 31 Pa. Code, Chapter 116, §§ 116.1--116.9 Spring 2001, as final. Amend the regulation to be consistent with current actuarial practices. Peter J. Salvatore,
(717) 787-4429Discounting Medical Malpractice Loss Reserve, 31 Pa. Code, Chapter 118, §§ 118.1--118.6 Spring 2001, as final. Amend the regulation to phase out the discounting of Medical Malpractice Loss Reserves by December 31, 2010. Peter J. Salvatore,
(717) 787-4429Management Contracts or Exclusive General Agent Agreements, 31 Pa. Code, Chapter 127, §§ 127.1--127.8 Summer 2001, as proposed. Amend pursuant to Executive Order 1996-1 Peter J. Salvatore,
(717) 787-4429Preparation of Filing of Property and Casualty Forms for Approval, 31 Pa. Code, Chapter 133, §§ 133.1--133.12 Summer 2001, as proposed. Repeal pursuant to Executive Order 1996-1. Peter J. Salvatore,
(717) 787-4429Description of Reserves-- Prohibited Phrases, 31 Pa. Code, Chapter 139, §§ 139.1--139.3 Summer 2001, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore,
(717) 787-4429Unfair Insurance Practices; Unfair Claims Settlement Practices, 31 Pa. Code, Chapter 146, §§ 146.1--146.10 Spring 2001, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore,
(717) 787-4429Privacy of Consumer Financial Information Regulation, 31 Pa. Code, Chapter 146a, §§ 146a.1--146a.45 Spring 2001, as proposed. This regulation is intended to implement the privacy provisions required by the Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.). Peter J. Salvatore,
(717) 787-4429Annual Audited Insurers' Financial Report Required, 31 Pa. Code, Chapter 147, § 147.4 February 2001, as final. Amend to be consistent with NAIC codified accounting practices and procedures. Peter J. Salvatore,
(717) 787-4429Securities Held Under Custodial Agreements, 31 Pa. Code, Chapter 148, §§ 148.1--148.4 Spring 2001, as proposed. Amend to eliminate unnecessary forms, add uniform requirements relating to custodial agreements and duties of custodians and update provisions relating to permissible custodians. Peter J. Salvatore,
(717) 787-4429Continuing Care Providers, 31 Pa. Code, Chapter 151, §§ 151.1--151.14 Summer 2001, as proposed. Amend to be consistent with 1996 statutory amendments relating to the order of distribution of assets in insolvencies and to provide for the voluntary surrender of a certificate of authority. Peter J. Salvatore,
(717) 787-4429Health Maintenance Organizations, 31 Pa Code, Chapters 301, §§ 301.1--301.126 Summer 2001, as proposed. Amend pursuant to Executive order 1996-1. Peter J. Salvatore,
(717) 787-4429Underground Storage Tank Indemnification Fund--Fee Regulation, 25 Pa. Code, Chapter 971, §§ 971.1--971.4 Summer 2001, as final. Repeal the existing regulation for the Underground Storage Tank Indemnification Fund (USTIF). This will be combined with Chapters 973 and 975 into a new regulation, Chapter 977. Peter J. Salvatore,
(717) 787-4429Underground Storage Tank Indemnification Fund--Fee Collections Regulation, Chapter 973, §§ 973.1-973.12 Summer 2001, as final. Repeal the existing regulation for the Underground Storage Tank Indemnification Fund (USTIF). This will be combined with Chapters 971 and 975 into a new regulation, Chapter 977. Peter J. Salvatore,
(717) 787-4429Underground Storage Tank Indemnification Fund--Voluntary Heating Oil Tank Program,
25 Pa. Code, Chapter 975, §§ 975.1--975.6Summer 2001, as final. Repeal the existing regulation for the Underground Storage Tank Indemnification Fund (USTIF). This will be combined with Chapters 971 and 973 into a new regulation, Chapter 977 Peter J. Salvatore,
(717) 787-4429Underground Storage Tank Indemnification Fund--Claims Regulation, 25 Pa. Code, (New Chapter 977) Summer 2001, as final. Requires underground storage tank owners be in compliance with certain leak detection standards in order to obtain claims coverage from the Underground Storage Tank Indemnification Fund. The proposed regulation establishes requirements for owners to file such claims. This will combine most of 25 Pa. Code, Chapters 971, 973 and 975. Peter J. Salvatore,
(717) 787-4429Workers' Compensation Security Fund Assessment Regulation, xx Pa. Code (new chapter) Summer 2001, as proposed HB 1370 passed the GA in 2000 allowing the Fund to develop a regulatory scheme to finance the obligations of the Fund. The proposed regulation will establish reporting requirements for licensed worker's compensation carriers and assessment calculations. Peter J. Salvatore,
(717) 787-4429LABOR AND INDUSTRY
Workers' Compensation Bureau, Workers' Compensation Judges, and Workers' Compensation Appeal Board regulations at 34 Pa. Code Chapters 131, 121, and 111. Spring 2001, as final. These rules have not been updated in many years; they need to reflect the changes in the law and practice of workers' compensation. Final form expected to be submitted to Secretary of L&I & IRRC by Spring 2001. Thomas J. Kuzma
(717) 783-4467Work-place Safety Committee Certification; Evaluation of Accident/Illness Prevention Services & Programs of Insurers and Self-insureds; Qualifications of Accident/Illness Prevention Service Providers 34 Pa. Code Chapter 129 January 2001, as final. The rulemaking implements the health and safety provisions of Article X of the Workers' Compensation Act. The proposed rulemaking specifies the safety committee certification application and renewal processes, and it establishes the necessary program components and evaluation criteria for accident and illness prevention programs maintained or provided by licensed insurers and self-insured employers. In addition, the regulation ensures the uniform application of the provisions of Article X; amends sections 123.202 pertaining to the qualifications of vocational experts; and, amends section 125.133(c)(4) and 125.155 (a) of the self-insurance regulations. Len Negley
(717) 772-1917Underground Storage Facilities Spring 2001, as proposed. This regulation will address requirements for natural or man-made caverns used for LPG storage. James Varhola
(717) 787-3329Pennsylvania Minimum Wage Act, Food Service Incentive Program Regulations Spring 2001, as proposed. The Department is required to promulgate new regulations to implement the new ''Food Service Incentive Program'' added, via amendment to the Minimum Wage Act and signed into law on December 21, 1998. Richard Lengler
(717) 772-9192Unemployment Compensation Regulations, Title 34. Labor & Industry Regulations January 2001, as proposed. The proposed regulation will clarify the meaning of reasonable assurance as it applies to the eligibility of the employees of educational institutions during regularly scheduled non-school periods. Under Section 402.1 of the PA UC Law, a school employee is not eligible for benefits based on school employment during a regularly scheduled non-school period when the individual performed services for a school employer prior to the break and has a reasonable assurance of performing such services following the break. Jeri Morris
(717) 787-6337Asbestos Occupations Accreditation and Certification June 2001, as proposed. Act of December 19, 1990, P. L. 05, No. 194, 64 P. S. §§ 2101-2112. This regulation established the Department's worker certification and training provider accreditation program. It also sets up training course requirements. It is based on the Environmental Protection Agency's model plan. Sharon Lawson
(717) 772-3396Uniform Construction Code (UCC) regulations. Act 45 of 1999. (Dry Cleaning & Elevators and Lifting Devices) Spring 2001, as proposed. Act 45 of 1999, providing for a uniform statewide building code, requires the Dept. of L&I to promulgate regulations. Because this measure in effect repealed the Dry Cleaning Law, Elevator Law and Fire & Panic Act, the regulations pursuant to each (including those for Personal Care Homes), will be addressed through regulations for Act 45. Personal Care Home regs, previously submitted to OGC, were withdrawn and provisions not addressed in Act 45 regs will be addressed through legislative measure. Edward L. Leister
(717) 787-3323MEDICAL PROFESSIONAL LIABILITY CATASTROPHE LOSS FUND
Payment and Collection of Fund Surcharge
31 Pa. Code §§ 242.1 et. seq.June 2001, as proposed. This regulation will clarify and update the basis upon which the Medical Professional Liability Catastrophe Loss Fund's surcharge is to be paid. The regulation will be consistent with the statute as it relates to the procedure for levying, payment and collection of the surcharge. The regulation will clarify the guidelines and requirements governing proper administrative and financial operations of the Fund, and will provide uniform procedures to be used in conducting mediation. Statutory authority 40 P. S.§§ 1301.701 et.seq. Kenneth J. Serafin
(717) 783-3770MILITARY AND VETERANS AFFAIRS State Veterans Home 43 Pa. Code § 7.1 et. seq. July 2001, as proposed. This regulation is necessary to update current regulations, make them more user-friendly. This regulation is a long-term project and would amend 43 Pa. Code Chapter 7. Eclemus Wright, Jr.
(717) 861-8503PENNSYLVANIA MUNICIPAL RETIREMENT SYSTEM
No regulations being developed or considered at this date.
PROBATION AND PAROLE No regulations being developed or considered at this date. PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM
No regulations being developed or considered at this date.
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