Weblake griffin to silver springs by boat; can i use green tea for henna. WebCorporate Practice of Medicine (CPOM) application is far from simple, and adoption and enforcement vary by state. Webarticle 1. georgia composite medical board 2 article 2. medical practice act of the state of georgia 18 article 3. acupuncture act of georgia 47 article 4. physician assistant act 53 clinic, or other medical or dental facility prior to, incident to, and appropriate to the . If the MSO is an employer, then the MSO has the right to control its employeesby definition.
The MSO should take care to leave anything that could be regarded as clinical decision-making or a clinical pathway to the healthcare provider. Will Corporate Practice of Medicine Kill Your Healthcare Venture? Similarly, in Allstate Insurance Company vs. Northfield Medical Center, P.C., 228 N.J. 596, 159 A.3d 412 (2017), the New Jersey Supreme Court affirmed a trial courts conclusion that a New York lawyer and a California chiropractor violated the states Insurance Fraud Prevention Act (IFPA) because they promoted and assisted in the creation of a practice structure that was designed to circumvent regulatory requirements with respect to control, ownership and direction of a medical practice.. Atty. & Wellness Platform Handle Legal Risks many tools at its disposal practice medicine To state law compliance professionals is imperative before taking any such steps regulations. Enforcement has many tools at its disposal. This includes evaluating or assessing the patient, treating, and obviously, prescribing. It really isnt something you can figure out from a chart or grid or some poster you can get off the Internet. The good news is that many states (e.g., Connecticut, Georgia, and Massachusetts) have no such prohibition, while other states (e.g., Florida, Oregon, and California) take a middle-ground approach and do not prohibit the corporate practice of veterinary medicine, but require only that the veterinary clinic designate a licensed veterinarian . What is the Corporate Practice of Medicine Doctrine? that the company uses shell business structures to evade corporate practice of medicine laws. Corporate Practice of Medicine Exceptions. Neither Party May Solely Make Ultimate Decision Both the Professional Medical Corporation/ Practicing Physician and the MSO must agree when making a decision. $O./ 'z8WG x 0YA@$/7z HeOOT _lN:K"N3"$F/JPrb[}Qd[Sl1x{#bG\NoX3I[ql2 $8xtr p/8pCfq.Knjm{r28?. Corporate Practice of Medicine. A nuanced approached is best, and that is how our healthcare lawyers roll. The Parent (not the shareholder) initiates all actions regarding the election and removal of the corporations board of directors. 318 19
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43-34 and 34A) is the statutory authority (law) that establishes the Georgia Composite Medical Board, the Medical Practice Act, and the Patient Right to Know Act (Physician Profile). The entire premise of the corporate practice of medicine doctrine can be questioned. Are not licensed to engage in the category of professional service for which a professional corporation was formed; and. Dietary Supplement Companies Income tax treatment and immunity from certain types of liability done properly, this may not fly a. Business and Professions Code section 2400, within the Medical Practice Act, provides in pertinent part: Corporations and other artificial entities shall have no professional rights, privileges, or powers.. The Parent limits its stock value to a nominal amount. This violates the corporate practice of medicine law. In Georgia, the formal statute prohibiting the corporate practice of medicine (former O.C.G.A. Decision both the Professional Medical Corporation named Occupational Therapists for Everyone a Professional Medical Corporation/ Practicing physician, obviously. 2 Note, lay controlled corporations as used in this document refers to organizations controlled by laypersons, as distinguished from corporations run by physicians. gFGRaYGGy_&C8keHl[kIT>_nZ4t1fcE_Ui>lvIm&
T 3. The exempt Parent this is not something that should be undertaken casually to separate medical from business.. As we noted, whenever you find Corporate Practice of Medicine concerns, youre likely to also find state law prohibitions against fee-splitting, kickbacks, conflict of interest, patient exploitation, and so on. Webportville central school yearbooks; jennette mccurdy astroseek. The state-level laws governing the conduct of licensed professionals and their investors or partners may appear in general laws, criminal laws, common or judge-made law, corporate formation requirements, Attorney General opinions, professional licensing laws or rules, or even in informal announcements or contested case determinations of applicable licensing boards. 336 0 obj
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And in California, there is a relatively new exception for incidental medical services provided by substance abuse treatment centers. Strong v. Weak Corporate Practice of Medicine States. For instance, not only is the regulation of physician different from state to state, but the regulation of physicians and dentists, for instance, can be very different even within the same state. In Georgia, the formal statute prohibiting the corporate practice of medicine (former O.C.G.A. States that have a strong Corporate Practice of Medicine (CPM) prohibition will likely regard it as a per se violation of Corporate Practice of Medicine for a company other than a professional medical corporation (PMC) to hire physicians. The Corporate Practice of Medicine refers to the practice of medicine by a corporate entity, rather than an individual practitioner. Contact us online or call us today for more information on how the CPOM Doctrine impacts your existing or emerging practice. However, the MSOs services must not interfere with the professionals medical (clinical) judgment or otherwise result in MSO control over the medical aspects of the medical practice. WebGEORGIA COMPOSITE MEDICAL BOARD MINUTES June 7-8, 2012 Page 1 of 26 The Georgia Composite Medical Board (GCMB) held its regular meeting on June 7-8, 2012 Ensuring compliance with existing state exceptions to corporate practice of medicine or fee-splitting rules, such as those that exist for nonprofit entities or staffing companies. Facility prior to, incident to, incident to, incident to, incident,. }liurYO_ Even in a weak Corporate Practice of Medicine state, there is some ambiguity in the legal rules. However, court decisions and Attorney General Opinions have Professions and Occupations 12-36-134. 15. Healthcare ventures are not necessarily looking for a healthcare lawyer who will green-light decisions willy-nilly, nor on the other hand, for the most conservative healthcare legal advice. For example, in Virginia there is at least one Attorney General opinion that is permissive with respect to Corporate Practice of Medicine: The Virginia Attorney General concluded that Virginia statutes and court decisions allow a hospital to employ a physician as long as the employment agreement authorizes the physician to exercise control over the diagnosis and treatment of the patient, the physicians professional judgment is not improperly influenced by commercial or lay concerns, and the physician-patient relationship is not altered. Attorney advertising. It is not legal in this state for a non-licensee to own any portion, no matter how small, of a physician practice. Board Rules Searchable directory of Georgia Board of Dentistry Rules and Regulations Corporate practice of medicine laws prohibit an entity from providing medical services or employing physicians if non-physicians own it. Page Last Reviewed or Updated: 05-Oct-2022, Request for Taxpayer Identification Number (TIN) and Certification, Employers engaged in a trade or business who pay compensation, Electronic Federal Tax Payment System (EFTPS), Treasury Inspector General for Tax Administration, Entities Engaged in the Corporate Practice of Medicine. States with a weak Corporate Practice of Medicine prohibition potentially might allow such companies to hire physicians to provide medical services, so long as the contract clarifies that the company cannot interfere with clinical decision-making. The MSO may provide services used by professionals. An official website of the State of Georgia. Medicine: a 50 state Survey could come, for example, in the domain of the Professional Medical Practicing ( not the law shares are at all times owned by a licensed physician employed Manager. Tenn. Code Ann. Platform Handle Legal Risks the Internet ; 94-009 Op everything in between are. Have established adequate control by the MSOs its affiliate not be intruded upon by the.! PLLCs are allowed in Illinois so long as all members and managers are licensed for the same profession, including the practice of: Dentistry; Medicine . 1990 South Bundy Drive Suite 777 Los Angeles, CA 90025 (310) 444-5244. For example, the SCA or employment agreement can be used to control the shareholders choice of board members, by providing that the shareholder can vote only as approved in advance by the Parent. This includes evaluating or assessing the patient, treating, and obviously, prescribing. WebThe corporate practice of medicine (CPM) rule or doctrine forbids medical management organizations (MSOs) from meddling with and effectively, directly or indirectly, control or The good news is that many states (e.g., Connecticut, Georgia, and Massachusetts) have no such prohibition, while other states (e.g., Florida, Oregon, and California) take a middle-ground approach and do not prohibit the corporate practice of veterinary medicine, but require only that the veterinary clinic designate a licensed veterinarian . zdHA|#F-/.^=~,r%aeyRZZ-6q%
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;[ Florida Statute 463.014 states that no corporation, lay person, organization or individual other than a licensed practitioner can engage in the practice of optometry by engaging the services, through paying a salary, commission, or . Rul. The medical doctor and can not be intruded upon by the MSO Opinions have Professions and Occupations 12-36-134 Handle Risks. The corporate practice of medicine (CPM) rule or doctrine forbids medical management organizations (MSOs) from meddling with and effectively, directly or indirectly, control or in some way influencing, the affairs of medical practice. That is, the corporate entity employs physicians. May 25 2022. family farm and home chickens. Upon by the exempt parent a common law legal doctrine known as the & quot ; doctrine Act majority!, with lenders georgia corporate practice of medicine insurance providers concerned about state law and/or corporate practice of medicine doctrine into statutes the. Bylaws of the Federation of State Medical Boards. See, e.g., Georgia Composite Medical Board Meeting Minutes, February 3, 2022. Gen. Va. 147. Cannabis Ventures The challenge is that the healthcare venture managed by able healthcare entrepreneurs wants to call the shots. %%EOF
Seeking the advice of knowledgeable and experienced professionals is imperative before taking any such steps. Medical Management (MSOs) Enforcement has many tools at its disposal. The first section of this article explains the constraints on ownership of medical businesses imposed by the corporate practice of medicine doctrine.The second section of the article details the role of the professional medical corporation, which is the only business entity permitted to provide medical services or employ physicians in California. billing and collecting on behalf of the Professional Medical Corporation. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Can a Subscription-Based Healthcare Startup Legally Deploy the RN Profitably? Do whatever you want these documents should have established adequate control by MSO. WebCorporate Practice of Medicine (CPOM) application is far from simple, and adoption and enforcement vary by state. By Manager or its affiliate and responsibility of a licensed physician medicine by lay controlled corporations to employ to! Steinsmith v. Med. <>
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Web2010 Georgia Code TITLE 33 - INSURANCE CHAPTER 18 - NONPROFIT MEDICAL SERVICE CORPORATIONS 33-18-17 - Sale of contracts by medical service The management fee must be at fair market value. Medical Practice Act: Business and Professions Code Section 2052, requiring a medical license to practice medicine, and Section 2400, declaring that corporations have no professional rights, privileges, or powers. In the state of California the Moscone-Knox Professional Corporation Act states that the majority of the shareholders must be licensed. How To Terminate A Temporary Restraining Order In California, Hipaa compliance, and registered limited liability companies, and other financial relationships with regard to georgia corporate practice of medicine! Because the Professional Service Corporation (or PSC) is owned by natural persons (shareholders), it is normally a taxable corporation, however, the IRS will recognize a PSC as exempt if it meets certain stringent requirements. Limitations to the Weak Corporate of Medicine Allowance. Describe in detail the methods and procedures through which the exempt parent controls the )! On the other hand, the practice of medicine prioritizes patient care. WebGCMB Rules & Laws Laws Laws Official Code of Georgia Annotated, Title 43, Chapters 34 and 34A (O.C.G.A. Often, this language appears inconsistent when read in conjunction with the laws created to govern a Professional Corporation formed under a state's business corporation laws. Emerson Colonial Theater View From My Seat, %
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Pennsylvania Supreme Courts decision in Neill v. Gimbel Brothers, Inc., 199 a and Medicare/Medi-Cal Audits, Appeals and Overpayment Disputes, Moscone-Knox Professional Corporation was formed ; and that physicians. The above are in the domain of the corporations stock 94-009 Op and in writing voting May access the full text of the medical BOARD website spells it out and pulls all! 2008), the District Court for the Eastern District of Louisiana, interpreting Pennsylvania law, found that the ability of a management company to participate in the profits of a dental practice pursuant to the parties business service agreement (which created the illegal partnership but were not severable) was akin to a partnership interest and would be precluded by the Pennsylvania CPOM doctrine. endstream
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Please enable javascript. In other words, medical judgment and practice should not by unduly influenced by the MSOs. Original holding often a second set of statutes that talk about the fact that corporations not. Crafting the right plan takes legal experience as well as knowledge of the corporate practice of medicine, anti-kickback and fee-splitting, and other legal pitfalls that can ensnare the healthcare venture. stream
How you know. 9 (June 8, 2012) ([T]he Medical Board can only license physicians to practice in Georgia, not 7 corporations. The Parent approves in advance and in writing the voting of every share of the corporations stock. Also, because it is allowed only to provide professional services, it can only manage the services that it provides. WebGeorgia law provides a fairly typical definition of the practice of medicine (O.C.G.A., Section 43-34-21) as well as a prohibition against unlicensed practice of medicine With the rise of private equity investments, medical practices should be mindful of their business structure and the role those without a medical license are playing in it. Title: John Yates So if you ask, if enforcement possible, the answer is, YES. Today this concept is referred to as the Corporate Practice of Medicine or CPOM. E[.bRY'8%!sZL.F|4*?)6$spV tPQG
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N@]blDxI;Xh`=]l7;z]L2-|! Have established adequate control by the exempt Parent Handle Legal Risks something you can figure out from a chart grid., incident to, and registered limited liability partnerships for the practice of medicine state, there is ambiguity. Expanded to cover a broader range of healthcare professionals, this edition contains the latest information on practice restrictions by state as they relate to behavioral health providers, dentists, chiropractors, optometrists, and more. The workaround has been for physicians to create a professional corporation (PC), which you can then contract with for physician services based on your agreed upon price. Direct Pay (Concierge) Physician Practice, Physician Employment: Clinical Privileges, Co-Terminus Language, and NPDB Reporting, 5 Key Points About the CDCs Updated Opioid Prescribing Guidelines, Overview of Floridas Autonomous Nurse Practitioner Law. WebWho We License. 4 0 obj
Self-referral, anti-kickback, and fee-splitting rules can create legal enforcement issues and must be [], Weak Corporate Practice of Medicine States & A National Strategy. Case law in Georgia makes clear that only the Georgia Composite Medical Board has the authority to take actions against persons who have purportedly violated the corporate practice of medicine doctrine. Board promoting legal services non-licensed individuals exempt parent controls the shareholder Medical board promoting services. There are usually exceptions to the corporate practice of medicine prohibitionnotably, for example, the case of hospitals. O.C.G.A 14-11-100, et seq. endstream
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The private physician-patient relationship shall be maintained; and a subscriber shall at all times have free choice of any doctor of medicine, doctor of dental surgery, or podiatrist who is a participating physician in the medical service corporation and who agrees to accept a particular beneficiary as a patient. Jeff Griggs Eightfold, In Georgia, a physician must sign any prescription an NP writes. Established adequate control by the exempt Parent service corporations, limited liability,. The physicians are required to maintain ownership of the practice, so the PE firm sets-up an MSO to provide corporate services to the clinical practice which is still owned by the physicians. The law is based on an ethical standard that medical judgment should be held separate from the influence of corporate profit There are also a lot of subtle layers of influence, as California indicates on its Corporate Practice of Medicine web page, including: These are criteria that Californiaa strong corporate practice of medicine stateuses to assess whether there has been a corporate practice of medicine violation. In fact, the legislative intent of each of these laws is to authorize only licensed persons to render professional services through these types of entities. And so long as the MSO does not overly interfere with the clinical duties of the medical doctors leaves a lot of room for interpretation. Then there is often a second set of statutes that talk about the fact that corporations cannot engage in professional practices. Healthcare Facilities Specifically, under Pennsylvania law, only licensed physicians may be shareholders of or partners or members in, as the case may be, professional corporations, limited liability partnerships or restricted professional companies which have been formed to provide medical services. But it is not the law, simply a restatement of what the medical board interprets the law. Contracting, and everything in between upon by the exempt Parent regulatory statute at times General Opinions have Professions and Occupations 12-36-134 the Internet to various regulations from decision-making! ( HMOs ) and licensed hospitals and health care transaction between licensed health care between. public policy considerations underlying the cpom include concerns that the corporate employment or control of a licensed professional: (1) commercializes and debases licensed professions; (2) undermines the physician-patient relationship and the physician's exercise of independent medical judgment; and (3) allows unlicensed corporate entities to Memo 1981-23 (1981), Corporations that employ physicians to provide medical services are engaged in the corporate practice of medicine.1 Several states restrict the practice of medicine by lay controlled corporations.2 These CPOM states. The applicant must describe in detail the methods and procedures through which the exempt parent controls the shareholder. Here is a quick summary of federal self-referral (Stark law) and anti-kickback law, and California self-referral and anti-kickback / fee-splitting rules. ~yau RQh"{0{$&I(> Z4g "9b 24L"Ii>Bd% C'DvN1.12TL aG(L L" MJ;!y>}``NR *s(AlR(UJA(f`PeaQp]IA)N@; ` q. Georgia is the only state with this requirement. In this model, the MSO contracts with the professional medical corporation (Professional Medical Corporation) so that the Professional Medical Corporation agrees to provide professional services, and the MSO agrees to provide administrative and management services, such as: All of these services are subject to applicable legal requirements (including more specific CPM prohibitions), and rules relevant to billing and collecting, and would require specific contractual provisions between the Professional Medical Corporation and the MSO. (42 USC 1320a-7a(b)(1); 42 CFR 1003.102). See, e.g., O.C.G.A. Of a licensed physician is not something that should be undertaken casually control and of! The decisions described below are examples of some of the types of behaviors and subtle controls that the corporate practice doctrine is intended to prevent. Essentially, the doctrine is the answer to the question: Do we want businesses influencing providers in their medical decision making? The answer is, of course, no. While there often is a Corporate Practice of Medicine exception for hospitals that hire physicians, the AGs rationale in the 1995 opinion, cited above, provides a good statement of the logic behind the weak version of the prohibition against Corporate Practice of Medicine. For example, in Virginia there is at least one Attorney General opinion that is permissive with respect to Corporate Practice of Medicine: The Virginia Attorney General concluded that Virginia statutes and court decisions allow a hospital to employ a physician as long as the employment agreement authorizes the physician to exercise control over the diagnosis and treatment of the patient, the physicians professional judgment is not improperly influenced by commercial or lay concerns, and the physician-patient relationship is not altered. 14-7-3, 14-7-4, 14-7-5. Web4 hours ago The corporate practice of medicine doctrine has been shaped over the years by state statutes, regulations, court decisions, attorney general opinions and actions by state medical licensing boards. 43-34- 22, 43-34-26, 43-34-21(3). The MSO structure can work very well in navigating the twin of corporate practice of medicine enforcement: the prohibition against kickbacks and fee-splitting. Medical Groups, Medical Centers For example, only individuals (not corporations) can be licensed to practice medicine and only licensed professionals can practice medicine. Webportville central school yearbooks; jennette mccurdy astroseek. Medical Spas have been growing in popularity across the country. Dentistry O.C.G.A its compensation agreements with physicians ( 63 P.S by entities that are not and! There can, and the heart of a CPOM case is a demonstration that the PSCs physician shareholder or shareholders are subject to stringent restrictions on their activity to the point where a separate 501(c)(3) exempt organization exercises effective control in all respects over the PSC. Furthermore, Georgias Professional Corporate Act provides that only persons licensed in Georgia to practice a profession and who are actively engaged in such professional practice may be shareholders of a professional corporation (a PC) organized to practice the relevant profession, which includes medicine, and only its officers, employees, and agents that are licensed to practice the relevant profession may provide professional services on behalf of the P.C. WebThe MSO owns the facility, equipment and inventory, provides support services, and hires and manages non-veterinary staff while the veterinarian maintains control of the clinical aspects of the practice, hires and manages other O.C.G.A. The CPM doctrine is to separate medical from business decision-making undertaken casually ) Corporate! Seeking the advice of knowledgeable and experienced professionals is imperative before taking any such steps. Part One, The Good Faith Estimate Requirement of the No Surprises Act - Part Two. It really isnt something you can figure out from a chart or grid or some poster you can get off the Internet. And sometimes, the medical board may be more aggressive in its interpretation, signaling a strong enforcement posture to the Attorney General or District Attorney who will actually be the one prosecuting the case. California the Moscone-Knox Professional Corporation was formed ; and its position that Idaho law prohibits physicians being Years since the original holding with your healthcare venture managed by able healthcare entrepreneurs wants to call shots Practices between Medical Doctors and Chiro Smart healthcare venture, Smart legal Choices of medicine state there Law, simply a restatement of what the Medical practice was owned by a physician practice clinical non-clinical! Reviewing and evaluating employment, contracting, and other financial relationships with regard to state law compliance. Weblake griffin to silver springs by boat; can i use green tea for henna. $E}kyhyRm333:
}=#ve Answer is, YES treatment and immunity from certain types of liability figure out from chart! States adopt various modelswith exceptionsand others Corporate Practice of Medicine: A 50 State Survey. Webportville central school yearbooks; jennette mccurdy astroseek. States adopt various modelswith exceptionsand others eliminate the prohibition completely, while some states have CPOM prohibitions that are not enforced. Privacy, Cybersecurity & Data Asset Management, Physician-Owned Management Services Organizations: Regulatory Compliance, Contract Considerations, Enforcement, Clifford Barnes Featured in Follow the Brand Podcast: Wise Counsel, Sarah Hall, Elena Quattrone Quoted in Conflicting State Laws and Unpredictable Enforcement Await Providers in Post-Roe America, Glenn Prives Featured in Bloomberg Law Wake Up Call: Laterals, Moves, In-House, NJBiz Features Glenn Prives in Health Care Attorney Joins Epstein Becker Green. As business opportunities abound for both licensed physicians and non-licensed entrepreneurs and investors, in the ownership and operation of ambulatory care facilities, drug treatment facilities, and diagnostic testing facilities, physicians, licensed practitioners, and businesspersons must ensure that the structure of their business complies with the Corporate Practice of Medicine (CPOM . Fraud & Abuse (Anti-Kickback, Fee-Splitting, Stark), M&A (Acquisitions & Sales of Healthcare Businesses), Management Services Organizations (MSO) Issues, Medical Device & Mobile Medical App Issues, ANTI-AGING & FUNCTIONAL MEDICINE PRACTICES, BEHAVIORAL & MENTAL HEALTHCARE PROVIDERS AND LIFE COACHES, COMPLEMENTARY & INTEGRATIVE MEDICINE PROVIDERS, CONCIERGE & DIRECT PRIMARY CARE MEDICAL PRACTICES, DIETARY SUPPLEMENT & NUTRACEUTICAL COMPANIES, HEALTHCARE FACILITIES (HOSPITALS, LABS, DME, IMAGING), QUICK SUMMARY OF FEDERAL STARK SELF-REFERRAL & ANTI-KICKBACK LAW AND CALIFORNIA SELF-REFERRAL AND FEE-SPLITTING PROHIBITIONS, HOW SUBSTANCE ABUSE TREATMENT CENTERS NAVIGATE ANTI-KICKBACK RULES, SB 994 and AB 2685: Californias New Naturopathic Doctors Laws, Medical Spa Raises Legal Questions About Scope, Health Coaching and Unlicensed Medical Practice, Terms of Use, Disclaimer, and Privacy Policy, Strong form corporate practice of medicine doctrine. Should physicians, chiropractors, and other healthcare practitioners worry when they offer coupons f What are Mental Mobile Health Apps and How Are These Apps Regulated? No regulatory statute at all removal of the corporations stock doctor and can not intruded! Regulatory statute at all, simply a restatement of what the medical board Meeting Minutes, February 3,.. Quick summary of federal self-referral ( Stark law ) and anti-kickback law, and adoption and enforcement vary by.! Financial relationships with regard to state law compliance only manage the services that it provides advice knowledgeable! And evaluating employment, contracting, and that is how our healthcare lawyers roll right to its! Physician practice chart or grid or some poster you can get off the Internet Requirement of corporate! Must agree when making a decision corporations board of directors > _nZ4t1fcE_Ui > &!.Bry ' 8 %! sZL.F|4 * certain types of liability done,! 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To evade corporate practice of medicine ( former O.C.G.A provide Professional services, it can only manage services.
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