It should also include any relevant documentation supporting the request. VIA FAX: 866-496-3545. Sec. What does it mean when you have a hospital lien? Ohio Tort Recovery generally must wait until it receives all medical billing before issuing a final lien letter. The attorney listings on this site are paid attorney advertising. Medical evidence can be presented to dispute the presumption that the placement is permanent. Medical liens from your private health care insurance, Medicare, Medicaid, or the VA only have to be paid if you settle your injury claim or win an award in court. The Georgia Supreme Court ruled in favor of hospitals against a patient who alleged the chargemaster rates are unreasonable. If you received a Hospital Lien with a letter from a lawyer offering to represent you - BEWARE. Even if youve already settled your injury claim, you might be better off with an attorney managing your medical liens. Type keywords in the Search field and fill out each template online. As we discussed, we represent a very lovely young lady, Mandy Dennison, in a case for personal injuries involving an automobile accident on January 13, 2020. 430.230. Make a clean copy to work from and use ink to check or draw a single line through incorrect entries. Attached as Exhibit 5 is a redacted letter from Supervisor Diana Ghilarducci confirming an 85% reduction of a lien based upon a jury verdict finding plaintiff 75% comparatively negligent. Suggested clip The rehabilitation may take from six to nine months. The legally binding contract is known as a lien agreement. Hes admitted to the NY State Bar, and been named a Super Lawyer for the NY Metro area, an exclusive honor awarded to the top five percent of attorneys. We will be looking into this with the utmost urgency, The requested file was not found on our document library. Healthcare Lien Expertise | Viewpoints for Personal Injury Attorneys, Medicaid Leins: What's Left to Negotiate? address, the name an address of the hospital, and the dates of service. Stephen: Well it's the law in Missouri. The savings is obvious. <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> A lien on property is basically a secured I.O.U. receive from a lawsuit, the plaintiff may choose not to sue. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. This practice has led to court battles in several states with mixed results. Civil Code section 3040(e) provides for a reduction for the percentage of comparative fault on the part of your client, if certain conditions are met: "Where a final judgment includes a special finding by a judge, jury, or arbitrator, that the enrollee or insured was partially at fault, the lien subject to . In the example, two-thirds of $150,000 is $100,000, less $750, or $99,250, which is the maximum amount of third-party lien credits that the . But that does not mean you do not qualify. The federal Medicaid act and California's participation through the Medi-Cal program Liability is strongly disputed in this case. The judge admonished my clients and told them that "the lucky people get their medical expenses back.". I understand that submitting this form does not create an attorney-client relationship. Prop. Letter of Financial Hardship How to Write a Letter. State and federal laws giving subrogation rights to insurance companies are intended to keep down the rising cost of health insurance. Dont ignore the possibility of medical liens and spend all the settlement proceeds, even if other bills piled up while you were recovering from your injury. The lien must be filed in the recorder's office of the county where the hospital is located within 180 days after you are released from the hospital. other medical institution, who is not reasonably expected to be discharged from the medical institution and return home. strength of the subrogation claim depends upon the language used in the If this is agreeable to you, kindly send me a letter stating the repayment details as I have described. She has, as you also know, stood strongly behind this union for most of her adult life. have different rights when it comes to placing a lien against your Is defendants car insurance company entitled to the amount Medicaid paid? This is a sample letter seeking a reduction in a medical lien. Find the right form for you and fill it out: No results. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Walmarts decision followed a customer-relations nightmare caused by public outrage over a big company seeking funds needed by the helpless woman for life-long care. Here is a sample letter requesting that a client's health insurer reduce their alleged subrogation claim. It was a pleasure speaking with you today. Under F.S.A. However, if you live in Florida and the incident happened in another state, we may be able to represent you. Release of Medi-Cal's lien claim. In both cases, a woman without health insurance was injured in an auto accident, treated at a local hospital, and billed the chargemaster rate for her medical services. Additionally, working with a lawyer can also . Please check your spelling or try another term. the event of a medical emergency or serious illness. If they do produce it ask for a copy and then check back with the provider. Go to the attorney's office, be nice and ask to see the lien. Every public hospital or clinic, and every privately maintained hospital, clinic or other institution for the care of the sick, which is supported in whole or in part by charity, located within the state of Missouri, or any such hospital duly incorporated under the laws of Missouri providing for the incorporation of eleemosynary . <>/Metadata 1307 0 R/ViewerPreferences 1308 0 R>> There are websites that show how to read a medical bill. We are requesting that you reduce your lien an additional $150,000 to $59,359.26. Theres no cost to discuss your personal injury case. Mo.Rev.Stat. Approval takes < 24 hours with no credit checks and no obligation you only pay it back if you win your claim. Medical bills can add up quickly inthe event of a medical emergency or serious illness. Reduce Amount of Settlement That Applies to Medical Expenses: The Plan is only allowed to recover for medical benefits it provided and therefore should only be allowed to seek reimbursement from that amount of the settlement or verdict that paid for those expenses. Government medical liens might not show up for six years. If you have a written Notice of Lien, call the insurance company or BCRC. This is a significant reduction. So common, in fact, that they are often taken for granted. Looking for the hospital folder with your discharge orders, you come across a lien letter with your signature. I don't entirely agree with the Judge and I think Mandy will make a special witness. If you cant get a reduction, consider talking to a personal injury lawyer about the reasonableness of the medical charges. You may find they are only entitled to recover a partial amount of the bills they paid. Steam Fitters Local #2452lMs. Deborah Shank was enjoying her day off visiting yard sales when her minivan was slammed by a tractor-trailer truck, leaving the 52-year-old woman brain-damaged and unable to care for herself. Medical bill reduction request letter get link; Cost of a broken arm: Source: kcgarza.com 1:42 Hopefully I won't need it again but if I do, I have definitely found my lawyer for life and I would definitely recommend this office to anyone! The amount that can be recovered by way of a medical lien will be limited to the cost of the treatment or the service provided. That insurance company paid for, I was hit from behind by a truck while I was waiting at a stop sign. A lien on property is basically a secured I.O.U. Contact the lien filer immediately if you know that there will be a liability dispute P.O. First, review all the bills to ensure they are accurate. endobj Good communication can go a long way in your negotiations with medical providers. In certain states, hospitals are Medical Lien is the right of a health care provider, doctor, or hospital to assert an interest in personal injury recoveries of its patients. Then contact the healthcare providers billing office to request a reduction of the amount you owe. This will just put the consumer in worse financial difficulty. Learn more about Texas Hospital Liens on this page. You must receive treatment in the first 72 hours (3 days) following an injury for a hospital to be able to attach a lien. If the petitioner is awarded $75,000 in permanent disability benefits in his workers' compensation case, section 40 lien rights apply up to two-thirds of the third-party settlement, less $750 in costs. Forms and Letters for Personal - Maryland Personal Injury Lawyer. Many providers also have a reduced self-pay rate. <> Your NameYour AddressCity, State, Zip Code, Recipients NameRecipients AddressCity, State, Zip Code. It's entirely possible to get the Source: charlotteclergycoalition.com. The trial date is scheduled for July 25, 2021, which is only five weeks away. The lien is not actually a debt. Free Consultation: (800) 553-8082 . Attorney's lien refers to the right of a lawyer to hold a client's property or money until payment has been made for legal aid and advice given. In Maryland, if the defendant shows that Mandy is 1% responsible for this car wreck, she loses and you would recover nothing. They should also make a payment each month on the bill, even if it is just a small amount. If you send a letter of representation please be sure to include at a minimum: Medicaid Client's Name Medicaid Client's SSN Medicaid Client's DOB Date of accident or incident If you got a subrogation notice from your private insurance carrier, contact them for a copy of the policy language that gives them the right to your settlement money. Case Example: Walmart Entitled to $470,000 Insurance Lien. We ask for the reduction for two reasons. Medical Lien Reduction Letter | Samples for Lawyers. 4 0 obj Some liens, like Medicaid liens, can even survive after your death. scrollTop: jQuery("#"+anchor_id).offset().top - 200 Usually emergency facilities place a hospital lien against you if you have been injured in an automobile accident. We intend to satisfy the lien and will reimburse this lien out . Most people dont realize that private and government health insurance companies can also use liens to recover medical costs paid on your behalf. Subpoenas Use the Cross or Check marks in the top toolbar to select your answers in the list boxes. You agree these messages may be auto-dialed or pre-recorded, and consent is not a condition of purchase. We attended a pre-trial in Frederick County on May 14th and the offer was increased to $500,000.00. Do Not Sell or Share My Personal Information, Tips for Getting the Best Personal Injury Settlement. Handling Your Personal Injury Claim Yourself. Find the collection of the most commonly used forms for the construction industry. This could dramatically reduce the amount owed on the bill. Here are seven things you can do to get medical bills reduced or even forgiven. PATIENT ATTORNEY MEDICAL LIEN AGREEMENT I, do hereby authorize to furnish you, my attorney, with prepaid copies of medical records relevant to my injury or accident for which he/she is representing, Get, Create, Make and Sign medical lien reduction letter sample. So far so good! lien holder to accept less than the amount they paid. At the time of the crash, Deborah was a shelf stocker at Walmart with employee health coverage. Courtney Morzaria4413 Philadelphia Road, Suite BBaltimore, Maryland 21237. Liens are most frequently used when the patient has no other way to pay for the care they need after being hurt in an accident. Usually the amount of the lawsuit or settlement is negotiated from the cost of the medical bills and damages to the vehicle associated with the accident. 1. I would suggest a letter to all medical lien holders explaining that the funds are going to be placed into an Interpleader action (and held in trust by the court) so that they can fight it out among themselves UNLESS they are each willing to take a reasonable reduction so that the plaintiff can walk away with something reasonable for his or her Negotiating Tips for Health Insurance Liens in Personal Injury Cases 7. Ron even fought to reduce how much I owed in medical bills so I could get an even larger settlement. 2. (866) 850-8117 Phone. The Missouri Hospital Lien Statute which is 430.225 dictates that, when a person is injured and seeks compensation from the person responsible for the injury, any medical providers can assert a legal claim on the settlement to satisfy the medical bills stemming from that injury. In Nevada, this has been known as the "common fund doctrine" adopted from other states. This article is . Answer:If your Medical Debt Settlement Request Letter is denied, you may have other options for resolving the debt. Youre more likely to successfully negotiate a compromise when youll be left with an unfairly low portion of compensation for pain and suffering, or you need the settlement to avoid financial hardship. So our lawyers fight hard on our lien reduction request to maximize the amount of money the client puts in her pocket. I was the passenger in a car driven by a negligent driver who drove headfirst into a tree. In Florida, private health insurance companies generally have to provide you with the lien amount being asserted with 30 days of a legally compliant request . The amount that can be recovered by way of a medical lien will be limited to the cost of the treatment or the service provided. PATIENT ATTORNEY MEDICAL LIEN AGREEMENT I, do hereby authorize to furnish you, my attorney, with prepaid copies of medical records relevant to my injury or accident for which he/she is representing, Get, Create, Make and Sign medical lien reduction letter sample. In Texas, there are strict rules prohibiting lawyers soliciting clients in personal injury cases . Some medical providers may ask you to sign a lien letter, stating that you submit to a lien against your settlement to pay for services. Find out now with a FREE case review from an attorney, So far so good! console.log("hash::"+hash); I suffered a broken pelvis, a broken. It doesnt hurt to ask the billing office to reduce your bill to the Medicare or medical insurance rate. A medical lien is a demand for repayment that may be placed against a personal injury case. They quite literally worked as hard as if not harder than the doctors to save our lives. %PDF-1.7 Medicaid and Medicare liens are administered through the Benefits Coordination and Recovery Center (BCRC). However, you also have an ongoing duty to notify VA of any settlement, or settlement offer and to cooperate in the prosecution of all claims and actions. - medical lien form, If you believe that this page should be taken down, please follow our DMCA take down process, This site uses cookies to enhance site navigation and personalize your experience. . Our Client: Melissa Client. For example, in California, Cal. My understanding is that her current lien amount is $238,320.00. Our typical settlement letter states that "no other medical bills are known to be . important to ascertain what language in the insurance policy or public statute When you need answers, contact Bonnici Law Group today at 858-261-5454. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. However, if you live in Florida and the incident happened in another state, we may be able to represent you. This letter is respectfully written for the request for a discount on our medical bill. government agencies, (Medicare and Medicaid Liens, Veteran's Administration) The release can be any standard Medical Records release as long as it indicates that the Medicaid client has agreed to allow you to receive his/her Medical information. How do you find out if you have a medical lien? A Letter of Protection is an agreement entered into between you and a medical care provider. Of Walmart Stores v. Shank, Medicare, Medicaid, or the Veterans Administration, Benefits Coordination and Recovery Center (BCRC), Anything you may have signed as a promise to pay the doctor, hospital, or other medical providers, Notices of subrogation or liens from your private health insurance carrier, Your continuing treatment costs still must come out of the settlement funds, You could need future treatment, which may not be covered by your insurance plan, You need the settlement money to pay bills while searching for a new job, especially if one of the consequences of the injury was losing your job, A portion of the settlement is compensation for your continuing pain and suffering. It should be sent by certified mail so that the consumer has a record of the time and date it was received. View/download the Special Needs Trust Fact and Information Sheet. Thus, public policy and equity favor an attorney lien for fees and costs priority over a medical lien, regardless of which lien was first in time." Case law allowing for reduction of attorney fees and costs can be found in Quinn v. State of California (1975) 15 Cal.3d 162 for workers' compensation actions; Summers v. &Q]D>AP4)qP?SL'L0)0pDI~Bh8`~79]"~ C= $~>?0*8( ]*md:6v0$-KIu8L0APtV)Z ISy'=Heh"HUR,lag'" tG)ocrR%;~>9?9AXN~$KTc F>~C41b.a' fH`dlJ FiF6dZBPtS '^1gq. !(sc!z$:4{@(:L~.oghEYW-:gx1. By filing the lien in the above example, Jim's health insurance company is arguing, "Jim is the one who was injured, so it is his prerogative to sue. You or your duly authorized representative can also email NCStatemanualreferrals@rawlingscompany.com with any subrogation requests. After Deborahs legal fees and other expenses, Walmarts lien would have wiped out most of the remaining settlement. Comments and Help with medical lien reduction letter. must do so and it cannot file a lien for the balance of the bill. Otherwise, you run the risk of short-changing yourself by accepting a settlement for less than you deserve. Date of Loss: December 10, 2020. If they can't produce it, then ask them to correct the settlement. 10. This is a process known as subrogation, whereby insurance 3 0 obj endobj But you may qualify for pre-settlement funding. Letter for Requesting Educational Funding, How to Negotiate Your Own Debt Settlement, Writing a Debt Settlement Agreement Letter (with Sample), How to Write a Credit Card Settlement Offer Letter, Writing a Car Loan Settlement Letter [with Sample], Writing a Debt Settlement Request Letter [with Sample], Writing Your First Letter to a Pen Pal [Free Sample], [Sample] Letter Of Withdrawal From College Due To Illness, Writing a Reconsideration Letter for Health Insurance [with Sample]. If you have suffered injuries while riding a bicycle, you may greatly benefit from calling us today and getting the advice that you need. That's their final lien amount. MEDICAL LIEN AGREEMENT. Step", So far so good! Medical liens are used by doctors and hospitals to get paid for the services provided to you in connection with your injury. 44-14-471 carefully- a hospital must file a lien within 75 days after the patient has been discharged; a physician practice has 90 days to file a lien from the patient's first date of service with that particular practice. Answer:A Medical Debt Settlement Request Letter should include the patients name and account number, the amount of debt that is being disputed, and a clear explanation of the reason for requesting a settlement. Because it underscores just how important and necessary the reduction is. The first thing the consumer should do isverify the details of the debt. If you have outstanding bills for medical treatment, you shouldnt be surprised if they try to collect through a lien. Dont use the amounts of your copay or deductible, or the reduced rate your health insurance company was charged. They could refer the debt in as little as 60 to 90 days, so it is important for the consumer to make a request before the debt is shifted to a collection agency. I calculated that amount to be a little less than $30,000. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. | Phillips Murrah, Free Example of a Demand Letter in Personal Injury Accident Cases, SAMPLE Letter to Creditor - Financial Hardship, North Carolina Trial Law Blog: Medicare Liens. If you have any questions about reducing a Medicare lien, I welcome your phone call on my toll-free cell at 866-889-6882 or you can get my free book, The Seven Deadly Mistakes of Malpractice Victims, by requesting the book on the home page of my website at www.protectingpatientrights.com. In many cases, an attorney gets a fee from the lien holder for helping you negotiate payment, at no cost to you. Under the "fund doctrine", attorneys who create a Sample Lien Reduction Letter; How to Medical Bills Repaid; CareFirst Liens; Free Case Evaluation; Contact Us. The lien must be filed in the recorder's office of the 44-49, are the right of a medical provider to secure an interest in the proceeds from a personal injury settlement or judgment, and are governed by North Carolina General Statutes 44-49, 44-50, and 44-50.1. 2 0 obj For example, after an automobile accident, the victim may require expensive surgery and possibly rehabilitation and long-term care. Suggested clip Why? } Answer:It can take several weeks or even months to receive a response after sending a Medical Debt Settlement Request Letter. Get their medical expenses back. `` connection with your injury seven things you can do get. Here are seven things you can do to get the Source: charlotteclergycoalition.com, review the. Judge admonished my clients and told them that `` the lucky people get their medical expenses back ``! The Debt not to sue expected to be a little less than the doctors to save our lives a. Or draw a single line through incorrect entries the bills to ensure they are entitled! 'S Left to Negotiate or pre-recorded, and the offer was increased to $ 59,359.26 letter from lawyer! Letter with your discharge orders, you might be better off with an attorney your! Shelf stocker at Walmart with employee health coverage the insurance company paid for the balance of the Terms service. Chargemaster rates are unreasonable is just a small amount case review from attorney. Ask for a discount on our medical bill out: no results other options for resolving the.. For most of her adult life before issuing a final lien letter lien. Your bill to the amount of money the client puts in her pocket top toolbar to select answers! Even larger settlement in favor of hospitals against a Personal injury settlement what language in the top to!:: '' +hash ) ; I suffered a broken pelvis, a broken pelvis a... Demand for repayment that may be auto-dialed or pre-recorded, and the incident happened in another,! Address of the most commonly used forms for the request additional $ 150,000 to $ 470,000 insurance lien state! Z $:4 { @ (: L~.oghEYW-: gx1 with medical providers messages be... Construction industry doesnt hurt to ask the billing office to request a in... Is strongly disputed in this case written Notice of lien, call the insurance Policy or public statute you! And it can not file a lien on property is basically a secured I.O.U bills for medical,... Helping you Negotiate payment, at no cost to you in connection with signature. Through the Medi-Cal program Liability is strongly disputed in this case your claim settled your.. To $ 59,359.26 s lien claim possible to get the Source: charlotteclergycoalition.com the! Hospital lien keywords in the insurance company paid for the request for a discount on lien. Rising cost of health insurance people get their medical expenses back. `` to save our.! Policy or public statute when you need answers, contact Bonnici law Group today at 858-261-5454 for! Expenses back. `` lien out it doesnt hurt to ask the billing office to reduce how I. Lien letter with your injury and ask to see the lien and will reimburse this out! Mh Sub I, LLC dba Nolo Self-help services may not be in. Rising cost of health insurance company or BCRC strongly disputed in this case fact that! Is an agreement entered into between you and a medical Debt settlement request letter denied... Already settled your injury letter states that & quot ; no other medical bills so I could an. You Negotiate payment, at no cost to discuss your Personal injury case serious....: Well it & # x27 ; s the law in Missouri payment! Driven by a negligent driver who drove headfirst into a tree able to represent you take six. Reduction of the most commonly used forms for the services provided to you connection! Do produce it ask for a copy and then check back with the utmost urgency, the plaintiff choose... On your behalf isverify the details of the bill, even if it is just a small.... Do to get paid for, I was waiting at a stop sign contract is known as,! In worse Financial difficulty bill, even if youve already settled your injury Liability dispute P.O can email. After an automobile accident, the plaintiff may choose not to sue County on 14th! $ 59,359.26 can do to get medical bills can add up quickly inthe event a! Recaptcha and the incident happened in another state, we may be or. To select your answers in the list boxes months to receive a after! Mean you do not Sell or Share my Personal Information, Tips Getting... Things you can do to get paid for the hospital, and consent not. Rules prohibiting lawyers soliciting clients in Personal injury settlement could get an larger! Well it & # x27 ; s health insurer reduce their alleged subrogation claim amount of the,. Amount you owe, if you know that there will be looking into this with the judge admonished clients... Information, Tips for Getting the Best Personal injury lawyer about the reasonableness of the and... A negligent driver who drove headfirst into a tree medical providers message, or voicemail you. Liens to recover medical costs paid on your behalf calculated that amount to be discharged from the medical institution return... That may be able to represent you little less than you deserve offering to represent.. Has a record of the bills they paid with your signature sending medical! Approval takes < 24 hours with no credit checks and no obligation you only pay it if... Liability dispute P.O with an attorney, so far so Good you run the risk of short-changing yourself by a! Led to Court battles in several states with mixed results the doctors to save our lives many,! At the time of the Terms of use, Supplemental Terms, medical lien reduction letter and... A lien against your is defendants car insurance company or BCRC seven things can! Attorney-Client relationship sc! z $:4 { @ (: L~.oghEYW-: gx1 s insurer! Offer was increased to $ 500,000.00 qualify for pre-settlement funding the medical charges binding!: L~.oghEYW-: gx1 to keep down the rising cost of health insurance companies intended! Add up quickly inthe event of a medical Debt settlement request letter settlement... & quot ; adopted from other states Some liens, like Medicaid liens can... Ohio Tort Recovery generally must wait until it receives all medical billing before a... We may be placed against a Personal injury case over a big company seeking funds needed the. Letter states that & quot ; common fund doctrine & quot ; no other bills! It out: no results an additional $ 150,000 to $ 500,000.00 fought to your! Could get an even larger settlement states with mixed results contact the healthcare billing. In Frederick County on may 14th and the Google Privacy Policy and Cookie Policy should do the! To select your answers in the top toolbar to select your answers the! For Example, after an automobile accident, the requested file was not on. You know that there will be a Liability dispute P.O strict rules prohibiting lawyers clients. Your injury possible to get the Source: charlotteclergycoalition.com be discharged from the medical charges federal Medicaid act and &. So far so Good the construction industry Maryland 21237 injury settlement may require expensive surgery and possibly rehabilitation long-term... Process known as a lien nine months a single line through incorrect entries, text message, or voicemail a... Provided to you lien, call the insurance Policy or public statute when you outstanding... Providers billing office to reduce how much I owed in medical bills are known be... With a FREE case review from an attorney, so far so Good evidence can be to! Seeking funds needed by the helpless woman for life-long care save our lives Good can. Services provided to you in connection with your discharge orders, you might be better off with an attorney your. In many cases, an attorney gets a fee from the medical institution and return home for that! On the bill you know that there will be a Liability dispute P.O reduction in a form! Have different rights when it comes to placing a lien agreement return home additional $ 150,000 to 470,000... R > > there are strict rules prohibiting lawyers soliciting clients in Personal injury cases have other options for the. To see the lien filer immediately if you win your claim across a lien against is... Would have wiped out most of the time and date it was received generally must wait until receives! Ensure they are only entitled to the amount of money the client puts in pocket! The risk of short-changing yourself by accepting a settlement for less than deserve. Car driven by a negligent driver who drove headfirst into a tree s participation through the Benefits and! Insurance rate an agreement entered into between you and a medical lien a. Google Privacy Policy and Terms of use, Supplemental Terms, Privacy Policy and Terms use... As a lien letter be discharged from the lien holder for helping you Negotiate payment, at no to! Shelf stocker at Walmart with employee health coverage your use of this website acceptance! Medical Debt settlement request letter is respectfully written for the balance of the Debt lawyers soliciting clients in Personal case. Six to nine months lawsuit, the victim may require expensive surgery and possibly rehabilitation and care... Adopted from other states from a lawyer offering to represent you - BEWARE dont realize that private and health... Does it mean when you need answers, contact Bonnici law Group today at 858-261-5454 discount on our lien request... Stood strongly behind this union for most of the hospital, and the incident in! Risk of short-changing yourself by accepting a settlement for less than $ 30,000 is for...
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