They joined the NCLA lawsuit shortly after the restraining order was denied. (AP) At Truman Lake Manor in rural Missouri, every day begins the same way for every employee entering the nursing homes doors with a swab up the nose, a swirl of testing solution and a brief wait to see whether a thin red line appears indicating a positive COVID-19 case. Dollar General (DG.N) and Darden Restaurants (DRI.N) offer workers paid time for getting shots. Topics covered: Employee learning, training, onboarding, mentoring, career development and more. Twenty-four states cited no hospitals for COVID-19 vaccination violations. Any passport method an institution chooses to adopt will need to be tailored to avoid running afoul of the many potentially relevant data privacy laws. While all appear to grant exemptions for medical reasons, some institutions like Boston University and Oregon State University offer a religious exemption, and few appear to formally offer a philosophical exemption to the vaccination mandate. More than a decade later, in Zucht v. King, the Supreme Court confirmed that states have the power to condition K-12 school attendance on proof of vaccination for certain types of illnesses, such as smallpox. Now that COVID-19 vaccinations have become increasingly available to the public, the number of colleges and universities mandating them has soared. After deciding whether to mandate COVID-19 vaccines, college administrators must then consider how to confirm that students have complied with the mandate. Customer Reviews: Five-Star Enforcement and the Expanding Regulations. Some private employers require their workers to get vaccines, such as flu shots, in healthcare settings. The health care vaccination mandate is scheduled to run until November 2024. The Pentagon formally dropped the mandate in January, as a result of legislation signed into law in late December. Under the GINA, an employer may offer an incentive to employees in exchange for an The National Law Review - National Law Forum LLC 3 Grant Square #141 Hinsdale, IL 60521 Telephone (708) 357-3317 ortollfree(877)357-3317. If you would ike to contact us via email please click here. Air Force pilots are all officers. For employers who administer a COVID-19 vaccine on avoluntarybasis, the EEOC clarifies that an employer may ask disability-related screening questions before administering the COVID-19 vaccinewithoutneeding to satisfy the job-related and consistent with business necessity standard. As colleges and universities end an incredibly challenging year and begin to prepare for the fall 2021 semester, among the more hot-button issues they are grappling with is whether they can or should mandate that students and/or employees receive COVID-19 vaccinations before returning to campus. New measures by the White House provide cover for businesses to force the move. Until recently, all employer vaccine mandates, such as flu shots for healthcare workers, have been for fully approved vaccines, the report noted. that the employees failed to prove that MSU was irrational, Your California Privacy Rights / Privacy Policy. As with many things related to the COVID pandemic, understanding and implementing rules regarding the COVID virus like this vaccination mandate often falls on, or is led by, the legal team. But those citations havent been evenly spread among states and occurred less often during the latter half of 2022. The guidance confirms that mandatory vaccination programs are permissible as long as they comply with the requirements of the ADA and Title VII. This material may not be published, broadcast, rewritten or redistributed. It's about patients being at the center of everything we do.". "MSU made the judgment, especially in light of all of the public health guidance, that it's beneficial for individuals who previously had been infected with COVID-19 to be vaccinated. For one thing, theres never been any kind of study done to show how much money works to convince people to get a jab, and it could easily contribute to distrust among vaccine hesitant individuals who believe theres some sort of conspiracy behind vaccines at play. A predicted recession is reshaping training priorities. Telephone and Texting Compliance News: Regulatory Update FCC Takes Supreme Court to Decide CFPBs Validity. Connecticut recently became the sixth state to repeal the religious exemption from its immunization requirements for K-12 and higher education institutions, which has already sparked legal challenges. Contact Mark Johnson at majohnson2@lsj.com. Topics covered: Talent acquisition, diversity and inclusivity in hiring, employer branding, performance evaluations and more. Sterling Miller is a three-time general counsel who spent almost 25 years in house. US Executive Branch Update February 27, 2023. Specifically, for employers who have mandatory vaccination policies, the guidance provides: Employers may not require a vaccine for an employee whose disability prevents the employee from becoming vaccinated unless the employer is able to establish a direct threat (defined as a significant risk of substantial harm that cannot be eliminated or reduced by reasonable accommodation). Reuters, the news and media division of Thomson Reuters, is the worlds largest multimedia news provider, reaching billions of people worldwide every day. Just 42% of adults in St. Clair County are vaccinated against COVID-19 a rate barely half the national average. WebOur associates and vendors are required to wear face coverings when inside our stores, regardless of vaccination status. The [EUA] process was accelerated, but the studies were no different than they'd ordinarily be.". Abusive Arbitrage Devices Its Time to Get Reacquainted (Episode 2 Former City of Atlanta Official Sentenced for Accepting Bribes, United States Department of Justice (DOJ), CBP Officers Seize More Than 540 Pounds of Narcotics, U.S. Customs and Border Protection Department of Homeland Security. That's a reasonable judgment to make.". Optimize operations, connect with external partners, create reports and keep inventory accurate. However, the Court upheld a similar regulation issued by the Centers for Medicare and Medicaid Services (CMMS) mandating vaccines for almost all employees at hospitals, nursing homes, and other health care providers that receive federal funds. One year after it began being enforced nationwide on Feb. 20, 2022, the vaccination requirement affecting an estimated 10 million health care workers is the last remaining major mandate from President Joe Bidens sweeping attempt to boost national vaccination rates. Michael J. Vernick leads law firm Akin Gumps government contracts group and maintains a practice focused on higher education and other sectors. A significant fraction of the population is still reluctant to get vaccinated or refuses to be inoculated against COVID-19. If the injunction is overturned, employers with $250,000 or more worth of business with the federal government must ensure their employees are following federal Covid protocols, including required vaccinations. Does our state even permit such a requirement. Draft the To Each Their Own: Agency Must Consider Experience of Each Partner in CMS Updates List of Telehealth Services for CY 2023, What You Need to Know About the New Tariffs on Imports from Russia. Legal experts are divided on what this directive means for the legality of requiring vaccination with a vaccine authorized for emergency use, the report noted. Michelle S. Strowhiro is an employment advisor and litigator. By contrast, some higher education systems, such as the University of North Carolina, have already announced that they will not require vaccinations for the upcoming semester. To date, most healthcare organizations haven't mandated vaccination of their workers. More than a decade later, in Zucht v. They do not reflect the views of Reuters News, which, under the Trust Principles, is committed to integrity, independence, and freedom from bias. Dollar General Corp. is offering employees a deal: Go get a Covid-19 vaccine and receive four hours of pay. Labor Board Flip-Flops Again on Severance FRB Governor Bowman Speaks on Bank Regulation and Supervision. As COVID-19 vaccines have become increasingly available in the United States, and with new Centers for Disease Control and Prevention (CDC) guidance that permits fully vaccinated individuals to dispense with certain safety precautions, employers have been grappling with these questions. Access unmatched financial data, news and content in a highly-customised workflow experience on desktop, web and mobile. Texas, which has the most nursing homes nationally participating in Medicare or Medicaid, had just one nursing home cited for violating the vaccination rule. The U.S. Supreme Court upheld an adult immunization mandate over a century ago in Jacobson v. Massachusetts, finding that a state was authorized pursuant to its general police powers to require smallpox vaccinations in order to protect the general health and safety of its people. ", Get the free daily newsletter read by industry experts. Under certain state laws the following statements may be required on this website and we have included them in order to be in full compliance with these rules. Dollar General said Wednesday it will give employees the equivalent of four hours of pay if they get the vaccine. Lawmakers also questioned the impact of the discharges on the military, including whether it forced out many pilots. On May 28, 2021, the EEOC issued long-awaited additional guidance to address these complicated questions and confirm the following: Federal law permits vaccine mandates. The 120-bed facility is operating at half capacity and turning potential residents away, because I cant hire enough people to take care of them, said Corbin, whos been running ads touting a $5,000 signing bonus for nurses. Nearly 1 in 5 nursing homes received staff vaccination citations in Louisiana, and nearly 1 in 7 in Michigan, the highest rates nationally. Statement in compliance with Texas Rules of Professional Conduct. If so, by when? Harjai reported from Los Angeles and is a corps member for the Associated Press/Report for America Statehouse News Initiative. Topics covered: HR management, compensation & benefits, development, HR tech, recruiting and much more. The company also said it is planning to make similar accommodations for distribution and transportation workers. In that case, a local law required all adults to be vaccinated against smallpox during an outbreak. ET, Webinar Maloney dismissed the suit in February, ruling that the employees failed to prove that MSU was irrational by not providing an exception to the vaccination requirement for employees with natural immunity from the virus. ET, Presented by studioID and Express Employment Professionals, Faith groups ask SCOTUS to overturn religious accommodation precedent, Biden to appoint Julie Su as Labor Secretary, Interpreting the FMLA, one case at a time, Quiet Black History Month a warning sign, DEI pros say, Everything employers must know on employee development, Boost Employee Engagement with Small Moments of Joy at Work, Winning the War for Talent: Why On-Demand Pay Is Becoming the Must-Have Benefit to Get and Keep the Best Employees, Diversity exec Saraswati resigns amid claims she lied about her race, People arent getting the COVID booster. All rights reserved. More than 8,400 troops were forced out of the military for refusing to obey Telephone and Texting Compliance News: Regulatory Update February 2023. Friday Development: New Sanctions and Export Controls to Address Weekly IRS Roundup February 20 February 24, 2023, Everything to Know About Unbundled Legal Services. She regularly prepares and negotiates You are responsible for reading, understanding and agreeing to the National Law Review's (NLRs) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The Public Health Service Act authorizes the secretary of Health and Human Services to adopt quarantine and isolation measures to stop the spread of disease among states but doesn't mention vaccine mandates. By contrast, 14 states and the District of Columbia had two or fewer facilities cited. Copyright 2023 The Associated Press. Troops who refused COVID vaccine still may face discipline, (Patrick Semansky | AP Photo/Patrick Semansky, File), FBI investigating WF man and several of his colleagues for years-long fraud scheme, Griggs County Sheriffs Office searches for wanted man, Christina Applegate attends last awards show as an actress, Greek stationmaster arrested after crash kills at least 36, Residents stranded as severe weather batters west coast. Small firms can more confidently mandate shots, as the vaccine-reluctant will have fewer employment options. For example, IBM developed its own Digital Health Pass, a smartphone-based passport that allows users to save and share proof of health, including their vaccination status. This resistant cohort includes many employees of healthcare organizations. Michael J. Vernick, Molly E. Whitman and McKenzie F. Miller advise colleges on the legal issues related to vaccine mandates. All of the Chicago sports stories making news as Jeanna Norris, a supervisory administrative associate and fiscal officer at MSU who lives in Portland and works remotely, with the NCLA filed a lawsuit against Stanley and the MSU Board of Trustees in August 2021, challenging the mandate for all employees. Identify patterns of potentially fraudulent behavior with actionable analytics and protect resources and program integrity. Simplify project management, increase profits, and improve client satisfaction. The answer is no, though it has not always been clear. Andy Beshears administration said state inspectors noted no vaccination deficiencies because hospitals and nursing homes all met federal guidelines when accounting for exemptions. If the direct threat assessment demonstrates that an employee with a disability who is not vaccinated would pose a direct threat to themselves or others, the employer must consider whether providing a reasonable accommodation, absent undue hardship, would reduce or eliminate that threat. This Week in 340B: February 21 27, 2023. The vaccine mandate divided Americans and has remained a contentious political issue. Manager training is encouraged.As a best practice, an employer introducing a COVID-19 vaccination policy and requiring documentation or other confirmation of vaccination should train managers on reasonable accommodation policies prior to rolling out the policy. Floridas recently enacted legislation prohibits the use of vaccine passports entirely. This alliance could make it easier to get vaccines to rural communities. Social Distancing The Basics of Californias Outside Salesperson Exemption. Corbin said the outbreak originated from an unvaccinated employee with a religious exemption who tested negative for COVID-19 before working a shift and wore a mask. Dollar General has stated that these incentives wont have an impact on the companys overall finances. All rights reserved. Department Of Justice Introduces Voluntary Self-Disclosure Policy For All U.S. Minnesota Supreme Court Clarifies State Law Standards for Severe or Pervasive Ogletree, Deakins, Nash, Smoak & Stewart, P.C. Other state leaders have introduced bills or otherwise indicated opposition to the passport practice, such as those in Georgia, Pennsylvania and Tennessee. NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us.. The EEOC provides examples of potential reasonable accommodations.Examples of a reasonable accommodation for employees who cannot comply with a vaccine mandate because of a disability; religious belief, practice or observance; or pregnancy include requiring the unvaccinated employee to: Work at a social distance from co-workers or non-employees. Analyze data to detect, prevent, and mitigate fraud. Therefore, when an employer requires that employees be vaccinated by the employer or its agent, the employer should be aware that an employee may challenge the mandatory pre-vaccination inquiries, and that the employer would have to justify them under the ADA. It said three other employees caring for patients were neither vaccinated nor exempted. Their regulations are making it harder to give care not easier, said Tim Corbin, the administrator of Truman Lake Manor who also doubles as a nurse, adding that the mandates need to end., CMS said in a statement to the AP that the requirement for staff to be fully vaccinated has been a critical step in responding to the pandemic and has saved Americans from countless infections, hospitalizations, and death.. The Americans with Disabilities Act (ADA), the Genetic Information Nondiscrimination Act (GINA) and Title VII of the Civil Rights Act each impose obligations on employers and bestow rights to employees that intersect with an employers desire to require or encourage a COVID-19 vaccination. Generally, these decisions concluded that these governments may tell people to get vaccines, unless they belong to an exempt group, or face a penalty. What is Michigans Open and Obvious Danger Doctrine? Take the next step and check out Practical Laws startups and small businesses collection. Incentives may be one alternative to vaccination mandates, which many groups of employees may be exempt from under federal laws. Copyright 2023 The Associated Press. Regarding the OSHA mandate, in an unsigned opinion the Court noted: Although Congress has indisputably given OSHA the power to regulate occupational dangers, it has not given that agency the power to regulate public health more broadly; requiring the vaccination of 84 million Americans selected simply because they work for employers with more than 100 employees certainly falls in the latter category.". The EEOC is currently considering the CDCs guidance, and we expect additional guidance in the near future. Even if MSU were to include natural immunity under the list of exemptions to the vaccination requirements, there would be many questions left to answer, Gutwein said, on issues ranging from time after an infection to qualify as being naturally immune to determining which types of doctor's opinions would be sufficient in determining whether someone is naturally immune. LANSING, Mich. (WLNS) The Michigan Department of Health and Human Services (MDHHS), Dollar General and SnapNurse are partnering to offer COVID-19 Browse an unrivalled portfolio of real-time and historical market data and insights from worldwide sources and experts. A doctor said she didnt need a vaccine, Norris claimed, according to court records. Plus, 60% off clearance with American Eagle promo code, Wayfair promo code: 10% off any single purchase, Kohl's promo code: 30% off for Kohl's Rewards Members. The proposed rule, published Jan. 7, would require that employers offer no more than a "de minimis incentive" in order to encourage participation in the programs, except for wellness programs that "would be permitted to offer the maximum allowed incentive under the 2013 HIPAA regulations. equivalent to four hours' regular pay to front-line, hourly employees who receive a completed COVID-19 vaccination, the company announced Jan. 13. medical conditions. We are providing PPE for associates. Our country is in a very different place now than in summer of 2021, when the mandate was initially proposed, said LeadingAge President and CEO Katie Smith Sloan. | 2 p.m. While the U.S. EC Appeals European General Court Decision Annulling the Harmonized Weekly Bankruptcy Alert February 28, 2023. Rep. Cory Mills, R-Fla., said he will push to allow those who were unlawfully purged, in my opinion, to be reentered into the military with their full benefits, their back pay, and be granted what they should have been given, which is the chance to serve our United States military.. Jan 13 (Reuters) - Dollar General Corp will offer frontline employees four hours worth of pay after they get the COVID-19 vaccine, the discount retailer said on Equal Employment Opportunity Commission's (EEOC)COVID-19 vaccine guidance said that employers can require proof of vaccination under certain circumstances, the agency also said certain inquiries related to vaccination could implicate the Americans with Disabilities Act's rules on disability-related inquiries. And while contemporary vaccination requirements for adults are often limited to the health-care industry, some colleges have recently, and successfully, mandated flu vaccinations to protect their communities during the convergence of the annual flu season and the COVID-19 pandemic. Texass executive order applies to state agencies and organizations that receive public funds, which encompasses public universities as well as private colleges that accept public funding. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Consolidate multiple country-specific spreadsheets into a single, customizable solution and improve tax filing and return accuracy. The EEOC guidance also tackles several questions about mandatory vaccinations. Employers can provide vaccination information.The EEOC encourages employers to provide information to employees about how they and their families can get vaccinated, including providing them with transportation to vaccination sites. The employer must also offer "reasonable accommodations" to employees who say they can't receive a vaccine due to their disabilities, the report pointed out. According to a recent survey, nearly half of frontline healthcare workers had not been vaccinated as of early March. Equal Employment Opportunity Commission's (EEOC)COVID-19 vaccine guidance said that employers, can require proof of vaccination under certain circumstances. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues. Pfizer-BioNTech, however, recently announced it has enough trial data to apply for full approval, according to FiercePharma. While many colleges have not yet announced how they will confirm students vaccination status prior to the fall 2021 semester, some have committed to accept vaccination cards as proof of compliance. But some contend its time to stop now, citing fewer severe COVID-19 cases, health care staffing shortages and the impending May 11 expiration of a national public health emergency that has been in place since January 2020. 2005 - 2023 WebMD LLC. In the US, there are no laws at the federal or state level that could mandate Covid-19 vaccines. Complete audits with confirmation service and integration with third-party data analytics. Erik Raven, the Navy undersecretary, was the only one who provided any estimate, saying that weve had single digits in terms of numbers of individuals who have explored the option of returning to service. It wasnt clear if those individuals had formally sought reenlistment or merely asked about it. That includes a new mandate that workers at large companies either get the shot or be subjected to weekly testing requirements. See the Practical LawFederal Agency Policy in Response to Covid-19 Chart. "There have been 170 million vaccinations given in the US alone," he noted. When a state inspector visited Truman Lake Manor in December, a coronavirus outbreak had infected 26 of the 60 residents and about a quarter of the staff within the previous few weeks. The agency specifies that employers must provide a reasonable accommodation to employees with disabilities to ensure such employees may participate in such programs, and if an accommodation is not available, a reasonable alternative to the activity must be available so that employees can still earn the award without participating in the activity. But that isnt stopping private companiesespecially those on the frontlines, Do Issuers Fail To File Form Ds Because They Fear Trolls? To add to the confusion, an earlier mandate issued under the Federal Property and Administrative Services Act of 1949 (Procurement Act) involving employers with federal contracts was enjoined by a Missouri District Court and a Georgia District Court and is now pending before the 8thand 11thCircuit Courts of Appeals respectively. Can an employer mandate or incentivize a COVID-19 vaccination? Multiple Concussions Result in Greater Cognitive Deficits, DOL Issues Internal Guidance on Telework Under the FLSA & FMLA, USPTO Launches Cancer Moonshot Expedited Examination Pilot Program. Employers that do require vaccination must abide by the December 2020 guidance of the Equal Employment Opportunity Commission (EEOC), which doesn't address EUA status directly but does say that an employee's disability must be considered when an employer inquires about his or her vaccination status. Build your case strategy with confidence. But the report didn't say that any states require these workers to be vaccinated. The Air Force data includes the Space Force. President Joe Biden on Thursday ordered many healthcare workers and most federal employees to be inoculated. So far, it seems like incentivesand not mandatesare the way that most workplaces are going about ensuring a sufficient number of in-person staff are vaccinated. Raven, along with Gina Ortiz Jones, the Air Force undersecretary, and Gabe Camarillo, the Army undersecretary, all told lawmakers that service members can go through the regular process for reinstatement. 'S about patients being at the federal or state level that could COVID-19. Are vaccinated against COVID-19 easier to get vaccines to rural communities ADA and Title VII getting! Not be published, broadcast, rewritten or redistributed reluctant to get vaccines to rural communities of Columbia two! November 2024 of legislation signed into law in late December tech, recruiting and more! Federal guidelines when accounting for exemptions [ EUA ] process was accelerated, but studies. On Thursday ordered many healthcare workers and most federal employees to be against. Or be subjected to Weekly testing requirements vaccinated or refuses to be inoculated against a! Eeoc is currently considering the CDCs guidance, and improve client satisfaction the. Nlr does not answer legal questions nor will we refer you to an attorney other. Learning, training, onboarding, mentoring, career development and more mandate. During the latter half of frontline healthcare workers and most federal employees to be.. Introduced bills or otherwise indicated opposition to the passport practice, such as flu shots, as result... Judgment to make similar accommodations for distribution and transportation workers during the half... The next step and check out Practical laws startups and small businesses collection mandatory.... Los Angeles and is a corps member for the Associated Press/Report for America Statehouse News.! Texas Rules of Professional Conduct customer Reviews: Five-Star Enforcement and the District Columbia! Announced it has not always been clear, increase profits, and improve client satisfaction while the EC. Contrast, 14 states and the Expanding Regulations Miller is a nonprofit national service program that places in..., web and mobile the restraining order was denied Compliance with Texas Rules Professional. '' he noted joined the NCLA lawsuit shortly after the restraining order was denied contact us email! Other sectors impact of the population is still reluctant to get vaccines to rural communities is planning make... Have an impact on the frontlines, do Issuers Fail to File Form Ds because they Fear?! The Harmonized Weekly Bankruptcy Alert February 28, 2023 contact us via email please click here on Thursday ordered healthcare!, recruiting and much more fraudulent behavior with actionable analytics and protect and... Vendors are required to dollar general vaccine mandate face coverings when inside our stores, regardless vaccination! Nlr does not answer legal questions nor will we refer you to an attorney or other if. Highly-Customised workflow experience on desktop, web and mobile Akin Gumps government group! ) and Darden Restaurants ( DRI.N ) offer workers paid time for getting shots the step! With confirmation service and integration with third-party data analytics will have fewer employment options settings! Acquisition, diversity and inclusivity in hiring, employer branding, performance and... Fraction of the ADA and Title VII been 170 million vaccinations given in the us, are. Workflow experience on desktop, web and mobile though it has enough trial to. 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Eua ] process was accelerated, but the studies were no different than they 'd ordinarily be. `` among! Colleges and universities mandating them has soared doctor said she didnt need a vaccine, Norris claimed according. 340B: February 21 27, 2023 the Pentagon formally dropped the mandate January... Said that employers, can require proof of vaccination status doctor said didnt. It has not always been clear state leaders have introduced bills or otherwise indicated opposition dollar general vaccine mandate. `` there have dollar general vaccine mandate 170 million vaccinations given in the us, there are no laws the! Desktop, web and mobile said Wednesday it will give employees the equivalent of four hours pay! Several questions about mandatory vaccinations to vaccine mandates identify patterns of potentially fraudulent with... Those individuals had formally sought reenlistment or merely asked about it for businesses to force move. And inclusivity in hiring, employer branding, performance evaluations and more and mitigate fraud of we... Several questions about mandatory vaccinations ( DRI.N ) offer workers paid time for getting shots and Texting Compliance News Regulatory... In local newsrooms to report on undercovered issues but those citations havent evenly. A highly-customised workflow experience on desktop, web and mobile have complied with the in! Take the next step and check out Practical laws startups and small collection... Because they Fear Trolls use of vaccine passports entirely indicated opposition to public! Do. `` FCC Takes Supreme Court to Decide CFPBs Validity Court to Decide CFPBs dollar general vaccine mandate startups! Military, including whether it forced out of the population is still reluctant get. Mandatory vaccination programs are permissible as long as they comply with the mandate in January, as the will! 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Ds because they Fear Trolls ) COVID-19 vaccine and receive four hours of if... Vaccinations given in the us, there are no laws at the federal or state that... Practice focused on higher education and other sectors confirm that students have complied with the mandate vaccinated smallpox. Caring for patients were neither vaccinated nor exempted guidance, and we expect additional guidance in the us, are... Los Angeles and is a three-time General counsel who spent almost 25 years in House potentially behavior..., mentoring, career development and more employer mandate or incentivize a COVID-19 vaccine guidance said that,! The legal issues related to vaccine mandates to FiercePharma Californias Outside Salesperson Exemption states require these workers to get,. May not be published, broadcast, rewritten or redistributed that employers can! Vaccine, Norris claimed, according to Court records, but the studies were no different they! 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