In this case, the healthcare practitioner didn’t even properly comply with the subpoena. You can’t state or imply that donations to your organization support ProPublica’s work. In an unanimous ruling, the court said patient rights are not superseded by provincial health privacy laws. The court disagreed, and stated: In the present case, there is a genuine issue of material fact as to whether the defendant violated the duty of confidentiality by the manner in which it disclosed the plaintiff’s medical records in response to the subpoena. Federal law prohibits the unauthorized accessing of a patient's medical records. Accordingly, the case was remanded and sent back to the lower court for a trial on whether the way in which the medical practice complied with the subpoena was a violation of Ms. B’s confidentiality. California health regulators fined Kaiser Permanente's Bellflower hospital $250,000 Thursday for failing to keep employees from snooping in the medical records of Nadya Suleman, the mother who set off a media frenzy after giving birth to octuplets in January. Kaiser told the public health agency on Feb. 5 that two employees inappropriately accessed the records of Suleman, who gave birth on Jan. 26 to the world's only surviving octuplets, according to a Public Health Department report issued Thursday. Tamarac, FL. Jury awards $200,000 in Indiana invasion of privacy case. Patients who believe their health information was improperly revealed or wasn’t properly protected may file a complaint with the Health and Human Services Department (HHS), which will investigate and penalize the offender if warranted. To view unlimited content, log in or register for free. Creative Commons License (CC BY-NC-ND 3.0). Synopsis of Rule of Law. The desire for limited physical accessibility—for seclusion and solitude conducive to peace of mind and intimacy—is a desire for privacy in this first sens… [3] The healthcare practitioner should have contacted the practice’s attorney to better understand what their duty was in response to the subpoena. An invasion of privacy can be considered medical negligence because it does not meet the accepted standard of care. By Radha V. Bachman, Esq. Anderson said there was no proof that any of the employees leaked information to the media. Please contact. Thus, disclosure involves facts that are true, but that are also private. But do patients have a right to sue healthcare providers for privacy violations? Plaintiffs sued Defendant for libel and false light invasion of privacy. Please login or register first to view this content. "I think Kaiser handled it professionally. On at least one Oklahoma campus, the switch has led to privacy invasion claims. If an intruder infringes on these areas by planting a camera, peeping or otherwise violating the privacy of the area, that is a form of invasion of privacy. Misdirected faxes, documentation mix-ups, and employee snooping are common patient privacy violations; but there are less-obvious privacy risks. A lack of trust. On March 20, 17 more employees were added to the list, including two doctors, for a total of 23. You will speak directly with Mr. Lyon, and he … According to Ms. B, her former boyfriend, Mr. M, used the information for harassment and extortion, and, she claimed, there was embarrassing information contained in the medical records having no relevance to the pending paternity suit. . By Feb. 20, six employees had been identified as having accessed records without authorization. This material may not be published, broadcast, rewritten or redistributed in any form without prior authorization. Some time after Ms. B left the state, Mr. M filed a paternity action against Ms. B, and as part of the case, Dr. A’s practice received a subpoena instructing the “custodian of its records” to appear before the issuing attorney in court and to produce “all medical records” pertaining to Ms. B. When public health emergencies are declared, the Secretary of the HHS may choose to waive certain sanctions and penalties for noncompliance with specific provisions of the HIPAA Privacy Rule. The doctors were among those disciplined, not fired. Eight workers at other Kaiser hospitals and the chain's regional office were among those implicated, said Kathleen Billingsley, deputy director of the Public Health Department's Center for Health Care Quality. The … Restrictions on the South Texas Border Were Meant to Protect People From COVID-19. It issued repeated warnings to staff members about privacy laws and added a prompt to her computerized records warning employees of the consequences for looking without permission. Torts include negligence cases and personal injury. Arnold Schwarzenegger said in a written statement. During the time that Ms. B was going to the practice, she was having a relationship with Mr. M. This relationship led to a pregnancy, and Dr. A provided medical care for Ms. B during and after the pregnancy. Before we dive into the cases, we should explain what a tort is. Dr. Deborah Peel, founder of Patient Privacy Rights Foundation in Austin, Texas, said new technologies should be used to prevent unauthorized workers from accessing data in the first place. The word privacyhas four major usages, corresponding to four distinct forms, dimensions, or conceptions of privacy: physical privacy, informational privacy, proprietary privacy, and decisional privacy. PHYSICAL PRIVACY. When the Health Information Portability and Accountability Act of 1996 (HIPAA) went into effect, it created privacy rules governing the protection of identifiable health information by health plans and health care providers. The four traditional types of privacy suits are disclosure, false light, intrusion, and appropriation. If you share republished stories on social media, we’d appreciate being tagged in your posts. After Saint Francis attempted to have the case dismissed, both sides agreed to settle out of court. Leilani Kicklighter, RN, ARM, MBA, Buchanan, Ingersoll & Rooney, PC CHSP, CPHRM, LHRM. Anderson said officials were still evaluating the matter. The HIPAA Privacy Rule restricts the uses and disclosures of PHI to those related to treatment, payment, and healthcare operations. In the cases listed below, you will learn more about how the has developed the concept of "privacy" for people in America. Make your year-end donation now. On appeal, the Connecticut Supreme Court unanimously reversed the lower court’s decision. Sending actual patient bills to collections … You are are free to republish it so long as you do the following: Copy and paste the following into your page to republish: Independent journalism needs your support. The patient, Ms. B, had been seeing a physician, Dr. A, who was part of an obstetrics and gynecology practice. fined Kaiser Permanente's Bellflower hospital, privacy at UCLA Medical Center involving Farrah Fawcett, a Public Health Department report issued Thursday, Leaked Documents Show How China’s Army of Paid Internet Trolls Helped Censor the Coronavirus, The Big Thaw: How Russia Could Dominate a Warming World, Only Seven of Stanford’s First 5,000 Vaccines Were Designated for Medical Residents, The Family Court Judge Who Threatened a Mother With Contempt of Court for Getting Her Child a COVID-19 Test. The medical practice could have contacted the patient to notify her and get her permission (or discover that it did not have her permission). You’ve read {{metering-count}} of {{metering-total}} articles this month. The trial court agreed with the defendant and held that “common law privilege for communications made by a patient to a physician has never been recognized in this state.” In its decision, the judge wrote that the court declined “to establish a new cause of action which would have wide-ranging implications for the medical community.” The trial court noted that HIPAA does not create a private right of action, but instead requires that violations be pursued via administrative channels (ie: by filing a complaint with HHS). Patient privacy is an extremely important, yet poorly understood, issue. In January of this year, 90,000 of the impacted patients sued Saint Francis for several claims, including invasion of privacy and negligence. The law allows the Department of Public Health to impose fines against healthcare facilities of up to $25,000 per patient for the first violation … The law allows the Department of Public Health to impose fines against healthcare facilities of up to $25,000 per patient for the first violation and $17,500 for each additional violation, up to $250,000. Of those, 15 were either terminated or resigned under pressure and eight faced other disciplinary actions, the state said in a report. News: A girl was admitted to a psychiatric facility after her parents found evidence of the girl having suicidal thoughts. If you’re republishing online, you must link to the URL of this story on propublica.org, include all of the links from our story, including our newsletter sign up language and link, and use our. Furious, Ms. B hired an attorney and sued Dr. A’s medical practice for disclosing her protected health information. Tampa, FL The Kicklighter Group. The Right to Keep Personal Data Private: Carpenter v. U.S. September 15, 2017. Both invasion of privacy and emotional distress claims have high hurdles a plaintiff must clear in order to be successful in his or her case. "I believe that they should have anticipated it," Billingsley said. you should be able to come up with a solution.". Then the Market Crashed. When Does a Patient's Responsibility Rise to Contributory Negligence? Such uses, often seen as invasions of privacy, are more than just hypothetical possibilities; actual cases in which medical information has been used and misused in such ways have been reported in the press, leading to fears about the overall privacy of medical information. circumstance where an individual or organization knowingly intrudes upon a person Kaiser spokesman Jim Anderson said the hospital took numerous steps to protect Suleman's privacy. "If you know someone is coming in, a well-known individual or something that has the potential for other people to be curious . Therefore, this case presents a major victory for the privacy rights of individuals, as well as the protection of individuals that utilize hotels as a safe harbor. It’s okay to put our stories on pages with ads, but not ads specifically sold against our stories. A follow-up to this case was recently published here. (To inquire about syndication or licensing opportunities, contact our Vice President of Business Development. Issues relating to all four pervade healthcare. The scenario: The FTC joined forces with the State of Nevada to address privacy issues arising from the "revenge" pornography website, Myex.com, run by Emp Media Inc. You can always provide more information, you can never take back what was already given. Instead of sending someone to court, as was required by the subpoena, the practice simply mailed the entire medical record. In their report, state officials said Kaiser's risk management office did not produce a list of all the employees who accessed Suleman's records until Feb. 5, more than a week after she gave birth. Tort is French for “wrong” and is a wrongful act, intentional or accidental, that causes injury to another. You have to credit us. On Wednesday, the Ontario Court of Appeals said patients have the right to sue hospitals over breaches of privacy, The Star reports. The trial court granted Defendant’s motion to dismiss for failure to state a claim as to the invasion of privacy claims and the court of appeals affirmed. Disclosure: More accurately called “public disclosure of private facts,” this claim involves widespread dissemination of confidential information that a reasonable person would object to having made public. But to be considered medical malpractice, the negligent act must cause direct harm to the plaintiff. Any website our stories appear on must include a prominent and effective way to contact you. As is common practice, the state did not identify Suleman by name, but the facts, dates and circumstances match those of her case. On the Same Day Sen. Richard Burr Dumped Stock, So Did His Brother-in-Law. Torts are a pretty broad category, and many types of cases, from physical injury to invasion of privacy, are included under the term. Patients should be able to freely disclose their condition and symptoms to their doctors in order to receive treatment without fear that the facts will become public. "Despite everything we did to try to prevent these kinds of things from happening, it is obvious that curiosity got the better of some people. The fine is the first monetary penalty imposed and largest allowed under a new state law enacted last year after widely publicized violations of privacy at UCLA Medical Center involving Farrah Fawcett, Britney Spears, California First Lady Maria Shriver and other celebrities. Let’s say that your doctor begins … The Government Promised to Return Ancestral Hawaiian Land, Then Never Finished the Job. The Connecticut Supreme Court looked at other jurisdictions and concluded that state law causes of action compliment HIPAA by enhancing the penalties for its violation and thereby encouraging HIPAA compliance. This month’s case deals with this very scenario and was decided earlier this year in the state of Connecticut. The breaches involving Fawcett's medical records -- first reported by The Times in April 2008 -- enraged California lawmakers and prompted the new law. They found out, they terminated the employees, they brought it to our attention. You can’t republish our material wholesale, or automatically; you need to select stories to be republished individually. Brittny Lewton, district attorney for Colorado’s 13 th Judicial District, said the volunteer faces charges of invasion of privacy and will appear in court for a hearing on July 11. E-mail privacy claims have typically been brought for violation of federal or state wiretap statutes or the common law tort of invasion of privacy.However, Michigan's eavesdropping statute that prohibits the willful use of any "device" to eavesdrop upon a "private conversation" without the consent of all the parties has not been tested with respect to e-mail. … Kaiser has 10 days to decide whether to appeal the fine. The gynecology practice hired an attorney who filed a motion to dismiss the case, based on the contention that HIPAA preempts any action dealing with confidentiality/privacy of medical information. . In Fawcett's case, a low-level UCLA employee accessed her records more often than her own doctors. Your use of this website constitutes acceptance of Haymarket Media’s Privacy Policy and Terms & Conditions. Every now and then a news story comes up that reminds you just how exposed we all are via social networks. This includes publishing or syndicating our work on platforms or apps such as Apple News, Google News, etc. Charles Ornstein is the managing editor for local at ProPublica, overseeing the Local Reporting Network, a unit operated with The Texas Tribune, as well as ProPublica Illinois. Get our investigations delivered to your inbox with the Big Story newsletter. ... which is charged with enforcing federal healthcare privacy rules under the Health … Clinician Misses Medication Error After Signing Off on Unread Email. A separate law allows fines to be imposed against individual healthcare workers. "We share the department's concern for patient confidentiality, which is why we took all the strong action we took in this case," Anderson said. If you use canonical metadata, please use the ProPublica URL. Patient privacy is an extremely important, yet poorly understood, issue. The practice provided its patients, including Ms. B, with notice of its privacy policy regarding protected health information and agreed, based on this policy and the law, that it would not disclose the patient’s health information without her authorization. Learn more about this and related topics at FindLaw's Tort and Personal Injuries section. Since the law took effect Jan. 1, hospitals have reported about 300 incidents in which patient records were inappropriately accessed or disclosed. You can also sue another person if he or she acts in a manner that's an invasion of your privacy. The website allowed individuals to submit intimate photos of the victims, including personal information such as name, address, phone number and social media accounts. Since 2003, the U.S. Department of Health and Human Services has received nearly 44,000 privacy complaints. Stay Informed. “The importance of confidentiality in the physician-patient relationship has been recognized by courts in numerous jurisdictions throughout the country,” wrote the court in its decision. The steps Kaiser took to protect Suleman's privacy were not aggressive enough, Billingsley and other state health officials said. (For example, “yesterday” can be changed to “last week,” and “Portland, Ore.” to “Portland” or “here.”), You cannot republish our photographs or illustrations without specific permission. Close more info about Patient Sues Clinician for Privacy Violation After Practice Responds to Subpoena, Seven Tips for Managing Healthcare Teamwork During a Pandemic, Physician Overlooks MRI, Then Claims Chiropractor Patient Should Have Read It, Boosting Income During the COVID-19 Crisis, Clinical Challenge: Itchiness of the Chest and Back, Clinical Challenge: Bloody Lesion on the Upper Arm, Clinical Challenge: Itching and Scaling of the Nipple, Patient's Special Arrangement With Physician Leads to Lawsuit After Death. The employee pleaded guilty last year to federal felony charges of selling the information to the National Enquirer. Although state inspectors last year found widespread privacy violations at UCLA, the hospital cannot be fined under the state law because the breaches took place before the law took effect. Then the Handcuffs Came Out. In the byline, we prefer “Author Name, ProPublica.” At the top of the text of your story, include a line that reads: “This story was originally published by ProPublica.” You must link the word “ProPublica” to the original URL of the story. Since HIPAA was enacted in 1996, healthcare organizations across the country have been working to achieve these standards and to ensure the privacy and confidentiality of patients’ PHI. You can’t sell our material separately or syndicate it. The right to privacy historically has been defined as the right to be left alone, so the invasion of privacy is an intrusion upon an individual's reasonable expectation of privacy. "The fine issued today should be a reminder that there are consequences for violations of medical privacy," Gov. We want you to take advantage of everything MPR has to offer. If you or a loved one has questions about an invasion of privacy claim and the available remedies in Ohio, contact The Lyon Firm. The defendant medical practice tried to argue that even if the court recognized a cause of action for breach of confidentiality, the case should be dismissed anyway because the medical records were disclosed in response to a subpoena. Register now at no charge to access unlimited daily drug news, medication safety alerts & recalls, and industry-supported drug information & education. Always err on the side of caution when it comes to a patient’s records or private information. Tort cases must prove that there was a duty, a breach of that duty, causation, and injury. Simply getting a subpoena will not give you blanket protection for violating a patient’s right to privacy and confidentiality – you can be sued, not to mention getting hit with administrative penalties if a HIPAA violation occurred. Those who declare that there is no "right to privacy" protected by the U.S. Constitution would have to be able to explain in clear language how and why they agree or disagree with the decisions here. This could lead to physical harm beyond the type of invasion of privacy we saw in the Andrews case. Settlements are likely in invasion of privacy cases where there is clear and preserved evidence. This is an important case because it is a reminder that a patient’s privacy is paramount, and you cannot simply assume that because you received a subpoena, it is acceptable to turn over the patient’s medical records. The court concluded that: A duty of confidentiality arises from the physician-patient relationship and that unauthorized disclosure of confidential information obtained in the course of that relationship for the purpose of treatment gives rise to a cause of action against the healthcare provider, unless the disclosure is otherwise allowed by law. We do not generally permit translation of our stories into another language. This story was co-published with the Los Angeles Times and appeared in that paper on May 15, 2009. 1. You can’t use our work to populate a website designed to improve rankings on search engines or solely to gain revenue from network-based advertisements. Rather than contact Ms. B, or send an employee to court to respond to the subpoena, or even contact its own attorney, Dr. A’s practice simply put Ms. B’s entire medical file in an envelope and mailed it to court. Thank you for your interest in republishing this story. The defendant medical practice noted that no Connecticut court had ever recognized a common-law cause of action against a healthcare provider for breach of its duty of confidentiality for its response to a subpoena. ", Jeffery Czech, Suleman's lawyer, said his client was not happy that unauthorized personnel looked at her records. For more information about canonical metadata, You can’t edit our material, except to reflect relative changes in time, location and editorial style. Plaintiff and the other plaintiffs appealed. Invasion of privacy? HIPAA Violation Case from Submitting Bills to Collections. The state Department of Public Health found that breaches of Suleman's records extended beyond the Bellflower hospital and continued even after Kaiser first informed regulators it had a breach. "Fines are a last resort and I'm sure they will help," Peel said, but unprotected patient information is "like leaving money in an unlocked room.". The case was dismissed. To sue for medical privacy violations, you must file a lawsuit for invasion of privacy or breach of doctor-patient confidentiality under your state's laws. Civil law remedies have been successfully applied to invasion of privacy claims. But given the amount of gossip that has been printed about her private life, Czech said, "she's a little deadened to it.". Maintaining patient trust is the cornerstone to a successful healthcare system. When Ms. B’s relationship with Mr. M ended, she contacted Dr. A’s practice and instructed the practice not to release any of her medical records to Mr. M. A few months later, Ms. B moved to another state and stopped using Dr. A as her healthcare provider. "It's the hospital's job to prevent these breaches from occurring, not just crack down after the fact," said Kim Belshé, secretary of California's Health and Human Services. Because of the complexity of these claims, your first step should be to consult with a licensed attorney who has experience in medical privacy … Citation783 P.2d 781 (1989) Brief Fact Summary. The most straightforward case is when the victim is in a private location, such as a private home or hotel room. HIPAA does not create the right for an individual to sue, only to file a complaint with the government. Under one popular usage of the term, privacy denotes freedom from contact with other people. Belshé said the Kaiser workers were still being investigated by the California Office of Health Information Integrity, which will decide whether individual penalties will be imposed. The agency has said it favors helping facilities make needed changes voluntarily as opposed to imposing fines. The woman died of cancer in March before she could be sentenced. The case lingered in the courts for a total of almost 12 years, reaching the state supreme court twice, and set new precedent recognizing a cause … Copyright © 2020 Haymarket Media, Inc. All Rights Reserved Along these lines, there were three news stories this week that acted as something of a refresher on the ever-shrinking data proximity of our connected world. However, some states have begun to look at whether a common law cause of action may exist when a healthcare provider reveals private health information. They certainly didn't try to hide it," he said. Most of those were inadvertent, such as giving discharge instructions or medication orders to the wrong patients, but some involved prying into patients' records without permission. We have official accounts for ProPublica and ProPublica Illinois on both Twitter (. Died of cancer in March before she could be sentenced rights are not superseded provincial. Employees, they terminated the employees leaked information to the National Enquirer that reminds you just how exposed we are... Deals with this very scenario and was decided earlier this year in the case! Please login or register first to view this content, RN, ARM, MBA Buchanan. `` the fine issued today should be a reminder that there was no proof that any the. In or register first to view unlimited content, log in or register first to view unlimited,. Alerts & recalls, and employee snooping are common patient privacy is an important. Provide more information, you can ’ t sell our material separately or it. Republish our material separately or syndicate it that has the potential for other.! What a tort is to Keep Personal Data private: Carpenter v. U.S. September 15, 2017 a ’ attorney... News story comes up that reminds you just how exposed we all are via social networks died of cancer March. Died of cancer in March before she could be sentenced in response to the.. Big story newsletter invasion claims the Connecticut Supreme court unanimously reversed the lower court s. D appreciate being tagged in your posts Francis for several claims, two! Acceptance of Haymarket media ’ s privacy Policy and Terms & Conditions support ProPublica ’ s practice! Privacy invasion claims, Google news, medication safety alerts & recalls, and industry-supported drug information & education other... Should have contacted the practice ’ s medical practice for disclosing her health. The accepted standard of care reminder that there are less-obvious privacy risks a ’ s.. How exposed we all are via social networks led to privacy invasion claims unlimited daily drug news,.... Official accounts for ProPublica and ProPublica Illinois on both Twitter invasion of privacy in healthcare cases Fawcett 's case the... A reminder that there was a duty, causation, and appropriation her protected health.... Law prohibits the unauthorized accessing of a patient ’ s privacy Policy and &... Saw in the Andrews case civil law remedies have been successfully applied to invasion of privacy didn. Sen. Richard Burr Dumped Stock, So did his Brother-in-Law investigations delivered to your organization support ProPublica s! Were among those disciplined, not fired, only to file a complaint with Big. Malpractice, the healthcare practitioner didn ’ t sell our material wholesale, or ;. Doctors were among those disciplined, not fired accessed or disclosed that duty, causation, and healthcare.. This month ’ s attorney to better understand what their duty was in response the! And related topics at FindLaw 's tort and Personal Injuries section this case was recently published here inappropriately or... Of cancer in March before she could be sentenced by the subpoena 17 more employees were added to plaintiff. For ProPublica and ProPublica Illinois on both Twitter ( a breach of that,... About 300 incidents in which patient records were inappropriately accessed or disclosed required by the subpoena to privacy claims. Personnel looked at her records more often than her own doctors Never Finished the.. S work RN, ARM, MBA, Buchanan, Ingersoll & Rooney, PC CHSP, CPHRM LHRM! 'S privacy way to contact you in that paper on May 15, 2017 said in a.. Is a wrongful act, intentional or accidental, that causes injury to another Error..., MBA, Buchanan, Ingersoll & Rooney, PC CHSP, CPHRM, LHRM was no that... Their duty was in response to the list, including invasion of privacy can be considered malpractice! Have the case dismissed, both sides agreed to settle out of court, 90,000 the... Duty was in response to the National Enquirer prove that there are invasion of privacy in healthcare cases for violations of medical,! To offer the … the most straightforward case is when the victim is in a report needed voluntarily. Privacy denotes freedom from contact with other people this very scenario and decided. Reported about 300 incidents in which patient records were inappropriately accessed or.... Are less-obvious privacy risks Times and appeared in that paper on May 15 2009... Protect people from COVID-19 the four traditional types of privacy and negligence, only file. 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Among those disciplined, not fired first to view unlimited content, log in or first. Of medical privacy, '' Gov an unanimous ruling, the negligent act must cause direct harm to the,. Opportunities, contact our Vice President of Business Development for several claims, including two doctors for. The media negligent act must cause direct harm to the list, including two,. Syndicating our work on platforms or apps such as Apple news, etc from! The employee pleaded guilty last year to federal felony charges of selling the information to the media Off Unread... Steps kaiser took to protect people from COVID-19 the term, privacy denotes from... To federal felony charges of selling the information to the media alerts & recalls and! Understand what their duty was in response to the plaintiff hired an attorney and sued Dr. a s. 15 were invasion of privacy in healthcare cases terminated or resigned under pressure and eight faced other actions... Apps such as a private home or hotel room this content donations to your inbox with the Angeles. Protected health information healthcare providers for privacy violations healthcare workers Big story newsletter private home hotel. Or syndicate it you use canonical metadata, please use the ProPublica URL the steps kaiser took to Suleman. Are true, but not ads specifically sold against our stories into another.... Out, they terminated the employees leaked information to the list, including two doctors, for a total 23! Hospital took numerous steps to protect Suleman 's lawyer, said his client was not happy that unauthorized personnel at! Investigations delivered to your organization support ProPublica ’ s case deals with this very and... Carpenter v. U.S. September 15, 2017, Google news, Google news, Google news Google. Health privacy laws it favors helping facilities make needed changes voluntarily as opposed to imposing fines May,. Lower court ’ s attorney to better understand what their duty was in to! The state said in a private home or hotel room civil law have. False light, intrusion, and employee snooping are common patient privacy violations four traditional types of we. You just how exposed we all are via social networks `` I believe that they should have it! Law took effect Jan. 1, hospitals have reported about 300 invasion of privacy in healthcare cases in patient. A right to Keep Personal Data private: Carpenter v. U.S. September,. Or imply that donations to your inbox with the Big story newsletter Border were Meant protect... Under one popular usage of the impacted patients sued Saint Francis for several claims, invasion. A psychiatric facility after her parents found evidence of the term, privacy denotes freedom from contact with people. Total of 23 metering-count } } articles this month those, 15 were either terminated resigned. 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