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Selected Articles from Catalyst, Volume 1, Number 2
Kendras Law Passed in New York
In August 1999, the Governor of New York signed a bill that allows a court to order
assisted outpatient treatment. Specifically, the bill made the following changes to the
state's assisted treatment law:
On November 9, 1999, New York's Governor announced a proposal to add $125 million to the state's budget for community-based services, of which $52 million is earmarked for assertive community treatment and $20 million will create 2,000 new supervised housing units, bringing the total budget commitment for new services to $420 million (including implementation of Kendras Law).
The Governor also announced the suspension of the state's initiative to eliminate inpatient psychiatric hospital beds.
ADDITIONAL RESOURCESThe Story Behind Kendras Law
A 30-year-old man wrestles with schizophrenia for over a decade. He suffers visual and auditory hallucinations. He is in and out of mental health facilities. He is involved in six unrelated treatment programs in as many years. Repeatedly, he is released after a few weeks of hospitalizations with nothing more than instructions to take his anti-psychotic medicine.
Perhaps he tires of the side effects, feels he is well enough to do without the medications, or doesnt recognize he is ill at all. Whatever the reasons, he stops taking the drugs that control the voices, irrational behavior, and delusions.
On his mother's birthday, January 3, 1999, and three weeks after he is released from a 22-day psychiatric hospital stay, he is standing next to a tall blond woman on a subway platform. She firmly tells him to "back off". He approaches another woman and asks her the time, and she replies.
A few moments later he grabs the woman around the shoulders and waist and throws her into the path of an oncoming train. She doesn't have time to yell for help before she is killed and dragged by the train.
Kendra Webdale is the victim in this incident. The 32-year-old record company receptionist was also an aspiring screenwriter, recording artist, and freelance photographer. She was 5'6" tall, 130 pounds, blond, vivacious, and in the wrong place at the wrong time.
Andrew Goldstein is the young man charged with second-degree murder in the case. He was found fit to stand trial and pled not guilty. If convicted, he faces 25 years to life in prison. If found not guilty by reason of insanity, he will be sent to a mental facility and kept until he is considered fit for release.
His trial began October 7, 1999, in Manhattan. In closing arguments, his attorney called Goldstein the victim of a devastating disease and broken mental health system. A 3,500-page psychiatric history was offered in support of that claim. The attorney also argued Goldsteins psychosis made him incapable of understanding right from wrong.
The prosecuting attorney, however, argued Goldstein was using his mental illness as an "excuse" to avoid responsibility for hurting people. Goldstein admitted to killing Webdale and also claimed to have shoved or kicked other women during his time as an outpatient. He claimed to have pulled a knife on one woman at a supermarket.
One confirmed incident resulted in a gash on a woman's head. In the outburst at a Queens Barnes & Noble, Goldstein knocked a mother to the ground when her young child apparently got on his nerves. The woman declined to press charges.
On November 2, 1999, its 6th day of deliberations, the Manhattan jury was unable to reach a decision, forcing a mistrial. The jury of eight men and four women deadlocked 10 to 2 in favor of conviction.
Since Kendra's death, her family fought for better treatment of the mentally ill. Kendras Law, signed August 9, 1999, brings assisted outpatient treatment to New York. Similar laws are already in place in 40 other states. The New York law, dubbed "Kendra's Law" after Kendra Webdale, passed in August.
Kendra's story is a highly sensational case. However, it and other highly publicized cases helped raise awareness of the need for better treatment for the mentally ill. In one similar incident just months after Kendra's, Edgar Rivera lost both his legs after being pushed onto subway tracks. Police shot Charles Stevens eight times because he swung a sword at passengers on the Long Island Railroad. Stevens lost the use of his arm as a result of the shooting. His parents, Henry and Nadine Stevens, joined the Webdales and Riveras in supporting the passage of Kendras Law.
ADDITIONAL RESOURCES
Kendra's Law
press kit | New York
state activities
Kendras Law--The Culmination of a 10-Year Battle for Assisted Outpatient
Treatment in New York
by E. Fuller Torrey, M.D., President & Mary T. Zdanowicz, J.D., Executive Director
Before Governor Pataki signed the bill that became Kendra's Law on August 9, 1999, New York was one of only 10 states without an assisted outpatient treatment law. Following on the heels of a largely unsuccessful 10-year effort by advocates in New York to pass the law, the Treatment Advocacy Center played a decisive role in making assisted outpatient treatment available throughout the state. The history of this effort may be helpful to others who would like to pursue similar reforms in their own states.
Assisted outpatient treatment was first proposed in New York in 1989 as a way to help individuals with brain disorders who suffer because their illness prevents them from accepting treatment. In 1994 the New York City chapter of NAMI convinced the New York legislature of the need for assisted outpatient treatment. The legislature established a watered-down, three-year pilot program, recognizing that "some mentally ill persons frequently reject the care and treatment offered them on a voluntary basis and decompensate to the point of requiring repeated psychiatric hospitalizations."
In July 1995, the pilot program began operating at Bellevue Hospital Center in New York City. The program's director, Dr. Howard Telson, was largely responsible for its success. Under the program, individuals who met the statutory criteria for assisted outpatient treatment appeared before a judge to determine if they were eligible for court-ordered outpatient commitment. As of January 1, 1999, 198 patients received court orders in the pilot program.
The legislature also directed that a study be performed to determine the program's effectiveness in preventing rehospitalization. Policy Research Associates, Inc. (PRA) was selected to perform the research study despite concerns expressed by advocates about a PRA's pre-existing prejudice against assisted outpatient treatment. The study began in January 1996 and required that individuals in the pilot program consent to be included in the study, which served to preclude individuals from the study who otherwise were good candidates for assisted outpatient treatment.
PRA initially indicated that 150 subjects would be required for the research to have statistical significance, but only 142 individuals participated in the study. The experimental group of 78 individuals received court-ordered enhanced community services while the control group of 64 individuals received enhanced community services, but no court order.
PRA issued its final report (PRA Report) on December 4, 1998. PRA itself acknowledged that the study was flawed, reporting that a "limit on [its] ability to draw wide-ranging conclusions is the modest size of [the] study group." There have been numerous studies of assisted outpatient treatment, all of which have concluded that assisted outpatient treatment is effective with the exception of two studies, one of which was the PRA study. However, in both studies there was no effective mechanism to enforce the orders. During the entire PRA research study period, there was no procedure in place to transport individuals who did not comply with treatment orders to the hospital for evaluation. An enforcement mechanism was not put in place until shortly before PRA published its report. In other words, non-adherence to a treatment order had no consequences.
Despite those limitations, PRA's research suggests that the court orders did in fact help reduce the need for hospitalization. Patients in the court-ordered group spent a median of 43 days in the hospital during the study year, while patients in the control group spent a median of 101 days in the hospital. PRA reported that, although not statistically significant, there was a "big difference" between the experimental and control groups. The difference, in fact, just misses statistical significance at the level of p = 0.05.
The statutory authorization for the Bellevue pilot program was scheduled to expire June 30, 1999. The New York Treatment Advocacy Coalition (NYTAC) was formed in late 1998 to mobilize support for both extending the pilot program and to make assisted outpatient treatment available statewide. DJ Jaffe, Treatment Advocacy Center Board member and long-time advocate for individuals with neurobiological disorders, is NYTACs coordinator. Jonathan Stanley, Treatment Advocacy Center Assistant Director, serves as the NYTAC liaison. DJ, Jon, and NYTAC members were tireless in their efforts.
A public hearing on the pilot program was held on December 13, 1998. The Treatment Advocacy Center presented testimony in support of assisted outpatient treatment and critical of the PRA Report. NYTAC members, family, consumers and other advocates also testified in favor of the expansion of the pilot program. Opposition testimony, relying heavily on the flawed PRA Report, was presented by primarily civil libertarians, some community mental health providers, and consumer/survivor/ex-patients.
As the new year approached, it was not clear that New York legislators had the political will to extend assisted outpatient treatment statewide, particularly in light of the PRA Report. All of that changed on January 3, 1999, when Kendra Webdale, a beautiful, vivacious, 32-year-old woman was pushed to her death in front of a New York subway train by a man with untreated schizophrenia. Her family explained that, "Kendra was the kind of person who would have tried to help the kind of person who pushed her."
Immediately following the incident, New York's newly elected Attorney General, Eliot Spitzer, contacted the Treatment Advocacy Center. He was seeking a means of helping both individuals with brain disorders and the communities where they live. The Treatment Advocacy Center recommended that the Attorney General pursue passage of a comprehensive assisted outpatient treatment law for New York. On January 28, 1999, the Attorney General announced his proposal for statewide assisted outpatient treatment and acknowledged the assistance provided by the Treatment Advocacy Center in crafting the bill.
The Treatment Advocacy Center also partnered with Kendra Webdale's family, who, as a tribute to Kendra, were seeking a way to improve the quality of life for individuals who suffer from severe mental illnesses and their communities. They enthusiastically supported the bill and allowed it to be named "Kendra's Law."
As if Kendra's death was not enough to demonstrate the need for assisted treatment, more tragedies soon followed. On April 6, 1999, Charles Stevens, a 37-year-old man with untreated schizophrenia, wearing fatigues and wielding a sword, was shot eight times by police on a Long Island Railroad train. Remarkably, he lived.
On April 28, 1999, Edgar Rivera, a 36-year-old father of three young children, was pushed in front of a subway train by a man with untreated schizophrenia. Mr. Rivera lived, but lost part of his legs. Mr. Rivera, like the Webdales, showed compassion for his assailant. At the hospital he said "I have no legs, but at least I have my mind. This guy doesn't have that. I think I'm ahead."
The Treatment Advocacy Center approached the Rivera and Stevens families and found that they, too, enthusiastically supported Kendra's Law. Kendra Webdale's family, Charles Stevens family, and Edgar Rivera and his family joined forces with NYTAC and the Treatment Advocacy Center to advocate for Kendra's Law to ensure that New Yorkers most in need of treatment for severe mental illness finally got it. The Center for the Community Interest also plated a vital role in the campaign.
From then on, momentum for passage started building.
The families set out on meetings with newspaper editorial boards, reporters and legislators. While support from the conservative media was expected, support from New York's more liberal media was not. Major breakthroughs occurred when the New York Times and Newsday, two liberal publications, joined conservative publications like the New York Post and Daily News in support of Kendra's Law. In fact, New York's six largest newspapers all enthusiastically supported Kendra's Law. The numerous letters written by NYTAC members no doubt contributed to this success.
The Webdale family arranged meetings with Republican Governor George Pataki's counsel and invited the Treatment Advocacy Center to attend. Following the meetings, Governor Pataki joined the effort to pass Kendra's Law. Democratic Assembly Speaker Sheldon Silver announced his support of Kendra's Law with Attorney General Spitzer in a press conference on May 19, 1999, and invited the Stevens, the Webdales, and the Treatment Advocacy Center. The same day, Governor Pataki introduced a slightly different version of Kendra's Law.
The slight differences in the bills provided an opportunity for opponents to try to divide and conquer. A further complication was that the legislature became engaged in a protracted battle over the state budget. However, the Treatment Advocacy Center, NYTAC members, the Webdale, Stevens and Rivera families kept the pressure on and continued to build its coalition. In June the New York State Association of Chiefs of Police passed a Memorandum in Support of Kendra's Law.
The efforts culminated on August 3, 1999, when Treatment Advocacy Center staff, the Webdales, and Mr. Rivera traveled to Albany to hold a press conference to beseech the Governor and the legislature to enact Kendra's Law. Shortly before our press conference was scheduled to begin, the Governor announced that a political agreement to pass Kendra's law had been reached. One hour later, Governor Pataki and leaders of the State Senate and Assembly held their own press conference announcing that they reached an agreement to pass Kendra's Law. The bill subsequently passed the legislature by an overwhelming majority (Senate 49-2/Assembly 142-4) and was signed into law on August 9, 1999.
The efforts to pass Kendra's Law shed light on the failures of the mental illness treatment system in New York. As a result, Kendra's legacy is even more than bringing assisted outpatient treatment to New York.
On November 9, 1999, Governor Pataki announced that he is halting the decades-old failed deinstitutionalization policy in New York. The Governor proposed infusing an additional $125 million in the budget for community-based services, of which $52 million is earmarked for assertive community treatment, and $20 million will create 2,000 new supervised housing units. This brings the Governor's total commitment for increased budget allocations this year to $420 million for community treatment, supervised housing, and implementation of Kendra's Law. The Governor is also suspending the push to eliminate 2,300 of New York's existing 6,000 inpatient psychiatric hospital beds (down from 96,664 beds in 1955).
It is sad that years of efforts by relentless mental health advocates like DJ Jaffe to secure the benefits of assisted outpatient treatment for citizens with severe mental illness had previously yielded such meager results. It is also discouraging that tragedies and concerns about public safety became the catalysts to make Kendra's Law a reality. However, it is a lesson about the importance of advocating outside the traditional mental health arena and involving those with an interest in public safety and the victims of untreated mental illness. The bill clearly would not have passed had it not been for Attorney General Eliot Spitzer, the Webdales, the other families, the Center for the Community Interest, and the Treatment Advocacy Center.
In the end, Kendra's Law will benefit individuals with severe mental illnesses because treatment will finally be accessible to those who need it most. Achieving that goal is the only hope of ending the senseless tragedies that make headlines; the ones that are responsible for creating stigma against individuals with brain disorders. It is the first real prospect of a better quality of life for individuals who are most ill with these devastating diseases of the brain.
[Note: Visit (State Activity/NY) for a copy of Kendra's Law and the Treatment Advocacy Center's summary, A Guide to Kendra's Law.]
ADDITIONAL RESOURCES
Kendra's Law
press kit | New York
state activities
Half a Million Liberated from Institutions to Community Settings Without Provision for
Long-Term Care
by Curtis Flory MBA and Rose Marie Friedrich RN, MA
Deinstitutionalization has progressed since the mid-1950s. Although it has been successful for many individuals, it has been a failure for others. Evidence of system failure is apparent in the increase in homelessness (1), suicide (2), and acts of violence among those with severe mental illness (3). Those for whom deinstitutionalization has failed are increasingly re-admitted to hospitals. It is common to find persons who have been hospitalized 20 times over a 10-year period. Tragically, there are more persons with mental illness in jails and prisons than there are in state hospitals (4).
Beginning also in the 1950's, new treatment philosophies were introduced that emphasized short-term and community-based treatments. Unfortunately, the wide range of community support necessary to maintain persons with severe mental illness in the community has not developed in many communities. In addition, the legal development of "least restrictive" environment has frequently been interpreted as independent living for all consumers, regardless of whether the setting is justifiable on clinical or humanitarian grounds.
A comment from one frustrated mother clearly describes the plight of some who do not find appropriate care in the community:
My son, who has schizophrenia, has been ill for 20 years. During his illness he has been moved in the system 62 times, with 23 hospitalizations. He has been arrested numerous times and has lived in shelters and on the street a minimum of 6 times. He has a substance abuse problem and has been diagnosed with hepatitis and acute infections. We don't have much hope for the future. (MA)
A Special High Risk Population
There is general agreement that about 2.8 percent of the U.S. adult population suffers from severe mental illness during any given year (5). Among this population, there is a subgroup of individuals who do not respond to traditional community treatment. It is estimated that this high-risk population includes an estimated 1 million individuals, or one-fifth of those with serious mental illness (6).
Unfortunately, discussion and research of this most vulnerable group has been neglected, falling victim to the ideological war between pro-community integration and pro-hospital camps. The most severely disabled have been forgotten not only by society, but by most mental health advocates, policy experts, and care providers.
As co-directors of the National Alliance for the Mentally Ill (NAMI) Long-Term Care Network, we conducted a study of this special population to determine their demographics, treatment histories and quality of life. We developed a questionnaire that addressed several areas of concern including housing, a variety of health issues, social and family relationships, employment, finances, and safety.
Questionnaires were mailed to former members of the NAMI Hospital and Long-Term Care Network and members of NAMI affiliates in Iowa and Massachusetts. Responses were received from 500 families in 23 states. Most respondents were parents.
Issues related to housing and health are presented in this article. Commonly occurring themes are presented along with family comments in these areas.
The majority of the following responses are from families who had an ill member diagnosed with schizophrenia. In fact, 78 percent of the respondents reported that their ill family member had the diagnosis of schizophrenia.
Frequent Transitions
My son has been ready for about a year to come out of the hospital but there is a lack of 24-hour supervised housingso he is still waiting for a placement. (MD)
He was in the state hospital for 6 1/2 years for his safety because he was a wanderer and was unsafe. They kept saying there was no place for him in the community. (AZ)
A parent from Alaska summed it up well, "It has caused (my son) to be totally disabled. The combining of so many failures in treatment has left him with so many residual problems that his potential for success . . . is minimal."
Medical Illness Was Pervasive
Medical illnesses frequently go undiagnosed and untreated among persons with severe mental illness (7,8). The degree to which medical problems interfere with treatment and rehabilitation efforts, and the danger that the presence of mental illness creates in the management of medical disorders, have also been ignored in service planning. Furthermore, clients are often unable to communicate their symptoms and give a coherent account because of the internal chaos associated with their psychiatric illness and, therefore, the illness may become severe before it is recognized and treated.
Medical problems may also result as a consequence of the poor health habits ofthis
population and/or the side effects of medications. For example, many persons with severe
mental illness are overweight, secondary to side effects of their medications, sedentary
lifestyle, and poor eating habits. This combined with heavy smoking leads to additional
cardiac risks. With proper monitoring and support services, these risks can be reduced.
Substance Abuse
Approximately 50 percent of people with a diagnosis of severe mental illness also have
a diagnosis of substance abuse disorder (2). Clients may self medicate because symptoms of
the illness are not under control or as a way to deal with their social isolation.
Consequences include noncompliance with medications, frequent rehospitalization, and
homelessness.
Noncompliance was Common
Seventy-four percent of neuroleptic-responsive outpatients become noncompliant within
two years. The consequences of noncompliance account for at least 40 percent of all
episodes of schizophrenia relapse and for at least one-third of all inpatient costs (9).
The reasons clients do not take their medication are varied and may include lack of
insight, side-effects of medications, and inadequate structure and support within the
environment.
This is such a small space to describe 44 years of sheer hell. Most of my childhood she refused medications. . . . The adult children had to commit her four times. . . . She was delusional in New York City, Minneapolis, Tucson and she dug through garbage. It's always up to the family to save her. (IA)
Every time he has gone off medications he has never reached the level of capabilities he had previously. (SD)
The Revolving Door Syndrome
The duration of stays in hospitals has become shorter under managed care standards.
Often clients are admitted and treated in hospitals before clients' records can be
transferred. Clients are often diverted from a familiar hospital to an available bed in
another hospital where staff are unfamiliar to the client. Stability and consistency is a
requirement of quality care for the severely mentally ill population.
Our son has cycled in and out of apartments and hospitals for 6 years getting progressively worse. Lack of support services left him with his illness escalating beyond control. (NC)
High Incidence of Suicide
Recent studies of persons with schizophrenia point out that about one-third will
attempt suicide, and about 1 in 10 will complete suicide. The suicide rate for those with
mood disorders is 15 percent. This is in contrast to the suicide rate for the general
population, which is 1 percent (2).
We have constant fear that she will kill/hurt herself, sadness that she is so unhappy, and have feelings of helplessness and guilt. (Has made 3 suicide attempts in the past). (MA)
Alarmingly High Death Rate
A fact that is seldom discussed but alarmingly true is that the death rate is significantly higher for those who are severely mentally ill than it is for the general population. It is clearly established that individuals with schizophrenia die at a younger age than do individuals who don't have schizophrenia.
The largest single contributor to this statistic is suicide, which is 10 to 15 percent as compared with 1 percent in the general population. Also contributing to early death are poor health habits including heavy smoking, obesity, and alcohol abuse. The presence of undiagnosed and untreated diseases, such as heart disease and diabetes, account for a significant number of those who die young. Homelessness also increases the mortality rate because of increased susceptibility to accidents and diseases (10).
Researchers and health professionals have long observed that psychiatric patients have reduced life expectancy. In a study of 43,274 adults served by the Massachusetts Department of Mental Health, Dembling et al. (11) found that this population lost 8.8 more years of potential life than persons in the general population, a mean of 14.1 years for men and 5.7 for women.
Structure is the Key Ingredient in Ideal Community-Based Residences
There is a need for both a structured and long-term care environment for this high-risk population. According to H. Richard Lamb, structure is considered a "bad word" in the treatment and rehabilitation of persons with severe mental illness compared to the "good words" of independence and freedom. He states that although structure is often considered a bad word, it represents a good and useful concept. Research indicates that many persons with schizophrenia lack the ability to create their own internal structure. If placed in the community in a living arrangement without sufficient structure they may quickly decompensate and return to the hospital or to the streets (12).
In order to identify the important characteristics of structure, we surveyed NAMI family members. Our questionnaire was published in many NAMI newsletters in Spring 1997. Responses from 300 family members indicated that long-term care residences were unavailable in a majority of communities.
Even if long-term care was unavailable, family members described the staff and services that should be included in long-term care settings. Specifically, families identified that onsite professional staff were very important. Approximately two-thirds of the respondents considered it important that nurses and social workers be on site. About one-fifth wanted physicians on site. Although onsite professional staff was identified as very important, many felt it was not necessary for them to be in the setting full time.
Medication supervision was identified as the most important onsite service. Most (92 percent) said it was very important. Onsite recreational/social activities and meals were also cited as very important by over three-fourths of the respondents. Learning job and community living skills, while very important, may best be accommodated outside the living situation according to family members (13).
The IMD Exclusion is a Major Barrier to the Availability of Long-Term Care
Size of the ideal setting is a critical factor, since onsite services tend to make smaller group settings less economical. The typical cost per day for facilities in Massachusetts and Iowa was $114 (9.7 beds mean) vs. $56 (31.7 beds mean) respectively. The smaller facilities in Massachusetts did not have onsite professional services and programs which were characteristic of the larger Iowa facilities (14).
The federal Medicaid exclusion of institutions of mental diseases (IMD exclusion) is a major barrier to the development of long-term care facilities with adequate structure and support services for individuals suffering from severe mental illnesses.
The IMD exclusion prohibits Medicaid reimbursement for institutions with more than 16 beds, that are primarily engaged in providing diagnosis, treatment, or care of persons with mental diseases (15). This law has become a major barrier to the availability of economical long-term settings, which can provide structure and professional supervision, and should be eliminated.
Endnotes for "Half a Million Liberated from Institutions."
1. E.F. Torrey, Nowhere to go: The Tragic Odyssey of the Homeless Mentally Ill. New York: Harper and Row, 1988.
2. N.C. Andreasen, DW Black: Introductory Textbook of Psychiatry. Washington, DC: American Psychiatric Press, Inc., 1995.
3. Dixon, LB, JM Deveau: Dual diagnosis; the double challenge, NAMI Advocate 20, 16-17: NAMI, Arlington, VA, April/May 1999.
4. Torrey, EF, J Stieber, J Ezekial, et al: Criminalizing the Seriously Mentally Ill: The Abuse of Jails as Mental Hospitals. Washington, DC, National Alliance for the Mentally Ill and Public Citizens Health Research Group, 1992.
5. Health care reform for Americans with severe mental illness: Report of the National Advisory Mental Health Council, American Journal of Psychiatry 150, 1993, at 1447-1465.
6. R.M. Friedrich, C.B. Flory, Hope for those who require long-term care? NAMI Advocate 17: NAMI, Arlington, VA, 1997, at 13-14.
7. National Institute of Mental Health, Caring for People with Severe Mental Disorders: A National Plan of Research to Improve Services. DDHS Pub. No. (ADM) 91-1762, 1991, at 1762.
8. B. Felker, J.J. Yazel, D. Short, Mortality and medical comorbidity among psychiatric patients: a review, Psychiatric Services 47, 1996, at 1356-1363.
9. P. Weiden, Medication noncompliance in schizophrenia: A public health problem, The Decade of the Brain 4, 1993, at 5-8.
10. Torrey, E.F.: Surviving Schizophrenia: A Manual for Families, Consumers and Providers. New York: Harper & Row, 1995.
11. B.P. Dembling, D.T. Chen, L. Vachon, Life expectancy and causes of death in a population treated for serious mental illness, Psychiatric Services 50, 1991, at 1036-1048.
12. H.R. Lamb, Structure: the unspoken word in community treatment, Psychiatric Services 46, 1995, at 647.
13. R.M. Friedrich, C.B. Flory, Structure is the key ingredient in ideal community based services, AMI of Iowa Newsletter, Fall 1997, at 14-15.
14. R.M. Friedrich, C.B. Flory, H.B. Friedrich, C.G. Hudson, A survey of community residences for persons with severe mental illnesses (manuscript in progress).
15. 42 U.S.C. � 1396d(I).
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