Legislature(1995 - 1996)

04/23/1996 03:04 PM House HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
 CSSB 253(FIN) - INS.FOR PROSTATE & CERVICAL CANCER TESTS                    
                                                                               
 CO-CHAIR BUNDE announced the next item on the agenda was CSSB
 253(FIN).  He turned the gavel over to Co-Chair Toohey.                       
                                                                               
 Number 543                                                                    
                                                                               
 KRISTINE PELLET, Student Intern to Senator Jim Duncan, said the               
 importance of screening for malignant cancer is well documented.              
 Both prostate and cervical cancer can be detected early by simple             
 screening procedures and Senator Duncan believes that insurance               
 companies should provide coverage for these screening procedures.             
 Prostate cancer accounts for 36 percent of all male cancer and is             
 the second leading cause of death in men after lung cancer as                 
 reported by the National Cancer Institute.  It is estimated that              
 this year in the United States 25,000 men will be diagnosed with              
 prostate cancer and about 40,000 men will die from this disease.              
 Although often presumed to develop slowly, nearly two-thirds of new           
 cancer cases have spread beyond the prostate gland by the time of             
 diagnosis.  In addition to coverage of the Prostate Specific                  
 Antigen (PSA) test, SB 253 would require coverage for cervical                
 cancer screening.  Cervical cancer accounts for about 16 percent of           
 all cancers in women.  It is estimated that nearly one-half of the            
 approximately 15,000 women who are diagnosed annually with the                
 condition never underwent early screening procedures which could              
 have led to highly successful treatment.  Senate Bill 253 makes               
 health issues a priority.  Senator Duncan welcomes the committee's            
 support in requiring that insurance companies cover the cost of               
 prostate and cervical cancer screening.  Ms. Pellet offered to                
 answer any questions from the committee.                                      
                                                                               
 Number 617                                                                    
                                                                               
 REPRESENTATIVE ROKEBERG asked what the approximate cost is for a              
 PSA test and a Pap smear?                                                     
                                                                               
 Number 643                                                                    
                                                                               
 JANET PARKER, Retirement & Benefits Manager, Department of                    
 Administration, testified the cost of a PSA test is between $60 and           
 $70 in the state of Alaska.  She didn't have the information                  
 available on the cost of a Pap smear test.                                    
                                                                               
 CO-CHAIR TOOHEY said as a recipient of a Pap smear for many years,            
 the cost runs between $60 and $80.                                            
                                                                               
 CO-CHAIR BUNDE pointed out there had been a Health Fair a couple of           
 weeks ago and the cost of a PSA test was $30.                                 
                                                                               
 CO-CHAIR TOOHEY asked if there were any questions for Ms. Parker.             
 Hearing none, she asked Gene Dau to present his testimony.                    
                                                                               
 Number 689                                                                    
                                                                               
 GENE DAU, Representative, American Association of Retired Persons             
 and Veterans of Foreign Wars, said that prostate cancer is an issue           
 that men don't particularly like to talk about, even with their               
 doctors.  His doctor talked with him about prostate cancer and                
 encouraged him to take the blood test, which he did.  He said                 
 prostate cancer is the second largest killer of men in the United             
 States.  He shared the story of the Juneau swim coach who hadn't              
 undergone the screening test and discovered he had prostate cancer.           
 Unfortunately, it wasn't detected earlier enough and the cancer               
 spread through other parts of his body.  He was given 17 months to            
 35 months to live.  He noted this is a problem and something needs            
 to be done to encourage men to take this simple test.  Mr. Dau                
 believed that requiring insurance companies to provide and pay for            
 the test will result in more men taking the test as part of their             
 annual physical so it can be detected early enough and treated.  In           
 most cases it can be cured if it is detected early.  He supports              
 the bill without the amendment which changes the language to                  
 "offer" rather than "provide" coverage for the costs of prostate              
 cancer screening tests.  If the test is offered, the patient could            
 still have to pay for it, whereas if it is provided, the insurance            
 company will have to cover the cost.                                          
                                                                               
 Number 870                                                                    
                                                                               
 CO-CHAIR BUNDE agreed that men should take more control of their              
 health and be more aware of prostate cancer.  However, he disagreed           
 that insurance companies will pay for the testing in that everyone            
 will pay for it through increased insurance premiums.  The                    
 insurance companies are not going to take the costs out of their              
 profits just because it's mandatory coverage; they will simply                
 raise the premiums to cover the service.                                      
                                                                               
 MR. DAU thought it would be advantageous for the insurance                    
 companies if cancer is detected in the early stages in that it                
 would certainly save a lot of money later on.                                 
                                                                               
 CO-CHAIR TOOHEY commented that's called preventative medicine and             
 that's always advocated but not necessarily funded.  She asked Mr.            
 Dau if he would continue to have the screening test even without              
 the insurance company paying for it.                                          
                                                                               
 MR. DAU said he probably would.  However, he thought it would                 
 encourage more men to discuss it with their doctors and have the              
 screening test.  He commented there were a lot of people living on            
 fixed incomes who probably couldn't afford to pay for the test and            
 he believed that everything should be done to encourage men to have           
 the PSA test.                                                                 
                                                                               
 CO-CHAIR TOOHEY thought education was the key and AARP played a               
 vital role in getting the message out of the importance of the                
 screening test through their monthly newsletters.  Personally, she            
 didn't believe it was the role of government to insist that people            
 get a PSA test, Pap smear or mammogram.                                       
                                                                               
 Number 1074                                                                   
                                                                               
 BILL CHISHAM, resident of Juneau and state employee, testified in             
 support of CSSB 253(FIN) on his own behalf.  He noted that in 1991            
 Aetna covered the cost of his PSA test and the cost was $77.  The             
 first two years he had the test, Aetna covered the cost; however,             
 the last few years Aetna has not paid for it.  He inquired of Aetna           
 why they would no longer cover the cost and the response he                   
 received was, "Well, apparently we made a mistake before by                   
 covering the cost of the test."  He continues to have the test and            
 to pay for it himself because he is in the age range at risk.  He             
 noted that a dental examination is covered as preventative                    
 medicine, but Aetna alludes to the fact that the PSA test may be              
 preventative medicine and therefore will not cover the cost.  He              
 related that he is not opposed to insurance companies.  He attended           
 the Aetna school on health insurance a number of years ago and has            
 spent approximately the last 30 years reviewing insurance contracts           
 and dealing with insurance matters.  He urged the committee's                 
 support of this legislation.                                                  
                                                                               
 CO-CHAIR TOOHEY remarked that people should be encouraged to take             
 advantage of the services offered at the recent Health Fair, which            
 is half the cost for the PSA test.                                            
                                                                               
 REPRESENTATIVE ROKEBERG asked if he was correct in that Aetna had             
 drawn a distinction between this being a preventative type medicine           
 vis a vis a treatment.                                                        
                                                                               
 MR. CHISHAM said yes, it was his understanding the doctor would do            
 the examination with the potential of detecting something rather              
 than treating something.  He questioned how that would equate with            
 going to a dentist on an annual basis, finding a cavity and then              
 taking the action to correct that, whereas Aetna would not cover              
 this on the same basis.  He added there apparently was a medical              
 opinion, which he didn't feel qualified to comment on, that perhaps           
 this test is not the best way to detect prostate cancer.  However,            
 he felt there was argument on both sides of that issue.  When there           
 are two tests available and this test offers a very scientific                
 approach, he was more in favor of this test than hoping the                   
 examining physician in conducting the other test can detect a                 
 minuscule difference in size or texture of what he is examining.              
 He felt there was too much possibility that something might be                
 overlooked during the examination, so he had more faith in this               
 test.                                                                         
                                                                               
 Number 1292                                                                   
                                                                               
 BOB STALNAKER, Director, Division of Retirement & Benefits,                   
 Department of Administration, testified the Administration supports           
 CSSB 253(FIN).  He noted that everyone knows there are certain                
 steps that can be taken to find illnesses earlier on that will save           
 the health costs into the future for both insurance companies and             
 employers.  However, it is a hard step to take because it generally           
 costs money up-front to be able to find illnesses in the earlier              
 stage.  He clarified that under the state of Alaska's plan, this              
 test is not denied all the time; it is covered after the digital              
 test has been performed or if there is indications by the doctor              
 that there is the need for this test as a further test.  Also, the            
 test itself is generally performed in a well-physical and that is             
 a cost borne entirely by the employee at this point.  He explained            
 that's why the fiscal note from the Division of Retirement &                  
 Benefits shows there will be an impact on the plan.  He commented             
 that if the number of tests increase, there will be a cost but the            
 employees are paying the cost themselves now by virtue of the                 
 Supplemental Benefits System (SBS) Option 1.                                  
                                                                               
 CO-CHAIR TOOHEY asked him to explain how the employees are paying             
 now.                                                                          
                                                                               
 MR. STALNAKER explained the Supplemental Benefits Option 1                    
 provision under the state plan provides for an annual well-                   
 physical.  Currently, the annual well-physical will cover a digital           
 exam and only in the case that further test is needed will the plan           
 cover this test.  In other words, the current plan covers the                 
 digital exam.  This bill would provide for the SBS to also cover              
 the blood test as an initial test.                                            
                                                                               
 CO-CHAIR TOOHEY inquired if the state plan covers the cost if the             
 doctor would like to do blood test, also.                                     
                                                                               
 MR. STALNAKER responded it would not be covered in the event the              
 doctor would like to do the test; there has to be an indication or            
 a finding by the doctor.                                                      
                                                                               
 Number 1441                                                                   
                                                                               
 REPRESENTATIVE VEZEY questioned why this wasn't negotiated into the           
 contract if the Administration believes this is a good idea; there            
 doesn't need to be a law to negotiate benefits for employee health            
 coverage.                                                                     
                                                                               
 MR. STALNAKER stated that was true for the state and yes, the state           
 employees can through negotiation amend the health contracts to               
 include these provisions at whatever the cost is, which he believed           
 wouldn't be much.  The Administration support is as a public                  
 policy:  Early detection helps find the number 2 killer of men in             
 the country at an early stage where not only can treatment be                 
 provided that will save lives but also at a much lower cost to the            
 health industry as a whole.  The Administration's support is based            
 on the policy issue that pre-advanced notice through this kind of             
 test is more accurate than just a digital type of an examination.             
                                                                               
 REPRESENTATIVE VEZEY again questioned why the Administration didn't           
 negotiate that into the health benefits package for state                     
 employees.                                                                    
                                                                               
 MR. STALNAKER remarked he is not part of the negotiations for labor           
 contracts and he wasn't sure what the strategy is currently with              
 negotiating on the contracts for this unique provision.  Therefore,           
 he couldn't speak to if the Administration is or why it isn't                 
 negotiating to include this provision under the plan.  He                     
 reiterated the inclusion of this provision under the state health             
 plan deals with state employees, and it does not deal with the                
 coverage of this kind of treatment in general.                                
                                                                               
 REPRESENTATIVE VEZEY noted there are a number of state employees              
 who are not part of a bargaining unit, but they are covered by the            
 state plan the Administration puts together on their behalf.  If              
 the Administration believes this is a good policy, why don't they             
 negotiate it into that service?                                               
                                                                               
 MR. STALNAKER pointed out that a change in the health plan is being           
 looked at for non-covered employees which would include a flexible            
 benefit plan that employees then could select certain types of                
 coverages but there would be minimal coverages.  As a matter of               
 fact under that plan, one of the minimal coverages is a well-                 
 physical for employees annually because it has been determined that           
 it is a good idea for people to get physicals from time to time.              
 Therefore, the idea of preventative care or early detection would             
 be embedded in that approach to the flexible plan being looked at.            
                                                                               
 REPRESENTATIVE VEZEY asked Mr. Stalnaker, "Then is your testimony             
 that the Administration intends to make this sort of health care as           
 a mandatory provision that's employee's health care packages for              
 non-covered employees at least, if not for covered employees?"                
                                                                               
 MR. STALNAKER said, "The Administration's position is that these              
 types of treatment are good for the health costs as a whole for               
 early detection.  What part of these coverages, whether it be Pap             
 smears, whether it be -- well, mammograms are already mandated                
 coverage, but that these kind of early detection tests are                    
 beneficial with the end result because the end result of the health           
 plan will be the result of a group of people that will include                
 legislative employees as well as Executive Branch employees as well           
 Court system employees, deciding exactly what kind of coverages               
 will be provided.  So, I can't speak to a guarantee, but certainly            
 the Administration is supportive of early detection and the types             
 of tests that would help to provide early detection."                         
                                                                               
 REPRESENTATIVE VEZEY asked if that means the Administration is                
 going to insist that this sort of medical plan be included in its             
 health care programs in the future or not?                                    
                                                                               
 MR. STALNAKER responded he couldn't speak specifically as to what             
 the plan will look like at the end.  He could however, say the                
 group that has worked on this plan to this date, meaning the                  
 supervisory bargaining unit as well as the Administration, believes           
 there is value to early detection tests and types of medical                  
 treatments that would provide early detections.                               
                                                                               
 Number 1748                                                                   
                                                                               
 CO-CHAIR TOOHEY asked why these people making the decisions on what           
 is included in the new contracts weren't at the hearing to testify?           
 She felt it was important to get the word to them that the                    
 committee believes these tests are necessary.  She announced the              
 bill would be held over until the following Tuesday to allow the              
 people involved to be present.                                                
                                                                               
 REPRESENTATIVE VEZEY said that Mr. Stalnaker had testified the                
 Administration supports this legislation, and then testified the              
 Administration thought it would be a good idea to put in the                  
 contract, but they weren't sure.  He asked if the Administration is           
 sure this legislation is a good bill?                                         
                                                                               
 MR. STALNAKER responded the Administration thinks this bill is a              
 good idea.                                                                    
                                                                               
 CO-CHAIR TOOHEY asked if the Administration thinks testing is a               
 good idea or do they think this bill is a good idea?                          
                                                                               
 MR. STALNAKER replied the Administration believes testing is a good           
 idea.                                                                         
                                                                               
 Number 1877                                                                   
                                                                               
 REPRESENTATIVE ROBINSON said this bill, as written, basically                 
 provides this coverage to all people of the state, not just state             
 employees.                                                                    
                                                                               
 MR. STALNAKER responded that was correct.                                     
                                                                               
 REPRESENTATIVE ROBINSON felt this would probably be difficult to              
 negotiate into a contract since the legislature has continued to              
 indicate they want any contract negotiations to come in at a lower            
 amount.                                                                       
                                                                               
 MR. STALNAKER confirmed that.  He added there had, at times, been             
 comments that the state's plan is very generous and that is a                 
 sensitive issue as the unions and Administration negotiate.                   
                                                                               
 REPRESENTATIVE ROBINSON surmised it was the Administration's                  
 position as preventative measure, that it is important all                    
 insurance coverage for health benefits offer the opportunity for              
 people to be able to get this kind of screening and have it paid              
 for.                                                                          
                                                                               
 MR. STALNAKER said that was correct.                                          
                                                                               
 Number 1963                                                                   
                                                                               
 CO-CHAIR BUNDE said Representative Robinson had used two important            
 key words - opportunity and offering.  As a person who could be               
 impacted by prostate cancer, he had done some research on the issue           
 and had read that on a statistical average nationwide,                        
 participating in this screening test extends the life of prostate             
 cancer victims by six months and may in some cases decrease the               
 quality of life for the individuals who get a PSA test that is                
 high, have surgery and end up being incontinent the rest of their             
 life.  He noted there are some down sides; it should be a personal            
 decision and it is not going to prevent or cure prostate cancer.              
                                                                               
 MR. STALNAKER agreed there are weaknesses as well as strengths with           
 this type of testing and people involved need to know what the                
 numbers indicate.  However, it is a way that through a general                
 battery of blood tests the cost of the PSA test could be cut from             
 $70-$80.                                                                      
                                                                               
 TAPE 96-45, SIDE A                                                            
 Number 025                                                                    
                                                                               
 CO-CHAIR BUNDE said he believes there is some validity in the test            
 and like many things it has some upsides and downsides.  He thought           
 the choices should be made available to as many men as possible and           
 in the case of cervical cancer, to as many women as possible, but             
 it is not free.  He admitted that maybe people are more inclined to           
 take the test if the money is not coming out of their pocket at the           
 moment, but that's no substitute for personal responsibility.  He             
 was inclined to change it to a mandatory offering rather than                 
 mandatory coverage, which allows a menu of services so to speak,              
 and people who are more inclined to need the services won't take it           
 out of their pocket at the time they need the test, but will pay a            
 premium over a period of time.  He asked what Mr. Stalnaker's                 
 reaction was to changing it from a mandatory coverage to a                    
 mandatory offering.                                                           
                                                                               
 Number 173                                                                    
                                                                               
 MR. STALNAKER said, "Over the years as a health plan administrator,           
 I generally am philosophically opposed to mandated coverages for              
 many of the reasons that were brought out, when I see over the                
 years certain things that you get a real good return for your                 
 investment.  That's my thinking and I think this is one of those              
 things and that's why I think it is a good idea.  It isn't lightly            
 that I say that because I don't think the place is to force an                
 employer to have to provide certain coverages, but sometimes you do           
 things for people's own good.  And I think this is a test that will           
 save that employer a lot of money through the very free market                
 dynamics that you identified.  Because the same can happen if you             
 pay a little bit up-front and the cost of that treatment for                  
 prostate cancer or for late detection, if they have positive                  
 results from the test can lower the costs of those same health                
 plans in the future.  It is for those reasons that I believe this             
 is a good idea.  I think changing it to a mandatory offering would            
 certainly dilute what the bill is trying to do in that respect.               
 The bill does provide for mandatory, and you're suggesting                    
 mandatory offering.  I think it is better than nothing because it             
 at least puts it out in the front and makes it an issue to discuss            
 with employers as insurance plans are suggested."                             
                                                                               
 CO-CHAIR TOOHEY thanked Mr. Stalnaker for his testimony and asked             
 Gordon Evans to come forward and present his testimony.                       
                                                                               
 Number 317                                                                    
                                                                               
 GORDON EVANS, Lobbyist, Health Insurance Association of America,              
 testified that as a representative of his client, they were opposed           
 to this legislation in its present form because of the mandated               
 requirement.  Mandated benefits result in increased premiums more             
 so in individual policies than in group policies because the                  
 benefit can be negotiated in a group policy where there are more              
 people in which to spread the cost.  The Health Insurance                     
 Association of America does support a mandated offering because               
 then the insurance companies can take it into consideration in                
 their underwriting.  He said incidentally, the Health Insurance               
 Association of America does not include Aetna or Blue Cross.                  
                                                                               
 MR. EVANS said on an individual basis, he recently underwent the              
 PSA testing as a part of his physical, and felt comfortable knowing           
 he got a low rating.  He noted the cost was $36 with his family               
 physician, so it isn't all that expensive.  With regard to                    
 insurance companies not covering the cost of the PSA test because             
 of it being preventative medicine, his client had advised that it's           
 not because it's preventative, but rather it's still considered               
 experimental and insurance companies do not pay for experimental              
 tests.  As an individual, he felt the testing was a good thing but            
 he didn't know that his insurance company should necessarily pay              
 for it or if he should.  He concluded that if the bill were changed           
 to a mandated offering, the association would support it.                     
                                                                               
 Number 504                                                                    
                                                                               
 CO-CHAIR TOOHEY asked if Mr. Evans' client considered Pap smears              
 and mammograms experimental?                                                  
                                                                               
 MR. EVANS said he did not know, but added that mammograms have been           
 mandated in this state for several years.                                     
                                                                               
 CO-CHAIR TOOHEY asked if there were any questions for Mr. Evans.              
 Hearing none, she asked Reed Stoops and Jerry Reinwand to testify.            
                                                                               
 CO-CHAIR TOOHEY asked if either Aetna or Blue Cross of Washington             
 & Alaska offered mammograms and Pap smears and/or PSA testing in              
 state contracts?                                                              
                                                                               
 Number 609                                                                    
                                                                               
 REED STOOPS, Lobbyist, Aetna Life & Casualty, testified that Aetna            
 handles the state contract and covers mammograms, Pap smears and              
 PSA testing, but as Mr. Stalnaker pointed out, if it is requested             
 by a doctor for medical reasons, it's covered.  In the case of the            
 PSA test, occasionally it is not covered if it is at the request of           
 the patient on a normal screening basis and there is no other                 
 interaction with the physician.                                               
                                                                               
 CO-CHAIR BUNDE said, "So it is often covered but not always                   
 covered."                                                                     
                                                                               
 CO-CHAIR TOOHEY commented it was just two years ago that mammograms           
 were covered; before that they were never covered.                            
                                                                               
 MR. STOOPS understood it was the same criteria; they were covered             
 if it was requested by the physician.  There would be a physical              
 exam first followed by a mammogram, if considered appropriate.                
                                                                               
 Number 671                                                                    
                                                                               
 JERRY REINWAND, Lobbyist, Blue Cross of Washington & Alaska, said             
 basically it operates the same for Blue Cross of Washington &                 
 Alaska.  He added that it depends on how the health care providers            
 deal with it.  He thought that under the retired state employee               
 plan, a physical examination is not covered.  But if the doctor               
 bills it as a diagnostic test, it is covered so providers can                 
 figure out how to get around it.                                              
                                                                               
 CO-CHAIR TOOHEY asked if there were further questions.  She asked             
 Mr. Stoops and Mr. Reinwand if they could see the need or benefit             
 monetarily for preventative medicine?                                         
                                                                               
 Number 747                                                                    
                                                                               
 MR. STOOPS replied yes, on behalf of Aetna.  As a matter of                   
 principle, Aetna normally agrees with the Health Insurance                    
 Association in that mandated coverages are often opposed because of           
 the fact that they increase the cost of care.  In the case of                 
 mammograms, PSA tests and Pap smears, Aetna does not oppose the               
 idea of making those mandatory if the legislature feels that                  
 benefits outweigh the small cost.  Those are areas that Aetna has             
 not opposed that kind of legislation.  He felt the argument could             
 be made that in the end early detection should result in more                 
 efficient treatment later on and ultimately will avoid high                   
 catastrophic treatment at a latter point if not detected.  He                 
 thought where there had been disagreement, it's been the fact that            
 new tests as they evolve become increasingly dependable and there's           
 increasing agreement among providers on exactly how to use the test           
 to best achieve the desired results.  So early on there is often              
 disagreements about whether they should be covered or not.  He felt           
 that PSAs, mammograms and Pap smears have evolved to the point now            
 where they are becoming increasingly common and not quite as                  
 controversial as to their effectiveness.  Therefore, he felt it was           
 more a matter of policy as to whether the legislature wanted to               
 make them mandated coverages.                                                 
                                                                               
 Number 845                                                                    
                                                                               
 MR. REINWAND said he shared Mr. Stoops' feelings and added there              
 has been a shift in the insurance industry where things that were             
 fought and not acceptable four or five years ago are now becoming             
 more acceptable.  He said Blue Cross has had a change in management           
 and a change in how things are viewed and he felt generally they              
 were trying to be more enlightened.  For example, when health care            
 was being debated in the legislature, Blue Cross came forward with            
 a proposal advocating a kids program that would have basically been           
 preventative in nature and very cost effective.  He concluded that            
 generally Blue Cross is supportive of preventative measures because           
 it saves money in the long run.                                               
                                                                               
 CO-CHAIR TOOHEY asked if Blue Cross paid for infant immunizations?            
                                                                               
 MR. REINWAND didn't know, but said he would check into it.                    
                                                                               
 MR. STOOPS remarked that Aetna donated vaccine to the state several           
 years and provided grant funds for non-state employees to get free            
 infant vaccinations.                                                          
                                                                               
 CO-CHAIR TOOHEY announced that she would be holding CSSB 253(FIN)             
 in committee until the following Tuesday.                                     
                                                                               
 Number 944                                                                    
                                                                               
 REPRESENTATIVE ROKEBERG asked if Blue Cross provides these tests in           
 their individual plans, non-group policies that are offered to the            
 public?                                                                       
                                                                               
 MR. REINWAND said he would have to get back with Representative               
 Rokeberg; he didn't know at this point.                                       
                                                                               
 CO-CHAIR TOOHEY commented she didn't think there was an insurance             
 plan that didn't have a deductible, and she thought it would be               
 wonderful if there was an incentive such as deducting a certain               
 amount off their next visit for people who use their deductible for           
 a mammogram or a Pap smear.                                                   
                                                                               
 MR. REINWAND stated that Blue Cross of Washington & Alaska is                 
 having lots of problems in individual policies because of the                 
 "Reform Bill" that was passed in the state of Washington and it's             
 common knowledge that individual policies cost about $30 million              
 worth of losses to the company last year simply because of the                
 mandates and things of that nature.                                           
                                                                               
 CO-CHAIR TOOHEY reminded committee members that CSSB 253(FIN) would           
 be held over in committee.                                                    

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