Delaware 153rd General Assembly (2025-2026) Status: Passed Senate Bipartisan · 9 D · 1 R cosponsors

SB 281 — AN ACT TO AMEND TITLE 31 AND TITLE 29 OF THE DELAWARE CODE RELATING TO TECHNICAL UPDATES FOR THE DELAWARE HOSPITAL FOR THE CHRONICALLY ILL.

Last action — Passed By House. Votes: 37 YES 1 NO 3 ABSENT

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill has passed the Senate. Introduced April 16, 2026. It now moves to the second chamber.

Next likely step: consideration and a floor vote in the House.

Prognosis

Likely to advance 74% · high confidence

Where this bill stands today.

Odds of enactment

Moderate

How often bills like it became law.

  • Passed Senate

    Current position in the legislative process.

  • 10 sponsors

    10 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (9 D · 1 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

In plain language

The bill updates language and renames the Delaware Hospital for the Chronically Ill to honor a former director.

This bill amends outdated terminology related to the Delaware Hospital for the Chronically Ill and renames it to the Eleanor Cain Center. The changes reflect current practices and aim to align the facility's designation with its purpose as a skilled nursing facility.

What this means for you
  • Families: Families of residents will see a facility name that honors a champion for older adults, enhancing the recognition of care provided.
  • Healthcare: This means healthcare policies will reflect modern terminology and operational practices for the skilled nursing facility.

Summary

The Department of Health and Social Services (DHSS), through the Division of Services for Aging and Adults with Physical Disabilities (DSAAPD), operates the Delaware Hospital for the Chronically Ill (DHCI), a Long-Term Care (LTC) facility in Smyrna, Delaware. DHCI is a facility of last resort for Delawareans that require a skilled nursing facility level of care and have no viable options for private nursing facility care. The Delaware Hospital for the Chronically Ill’s name no longer reflects the dignity of all residents who live there. The existing statute uses outdated and offensive language, often referring to residents as “inmates.” It does not align with current policies and procedures around operation and maintenance of DHCI or the skilled care, screening, and admission of its residents, nor does it recognize DHCI’s role as a skilled nursing facility that maintains a five-star rating from the Centers for Medicare and Medicaid Services (CMS). This bill provides a technical update to reflect DHCI’s current practices, policies and procedures as a LTC facility of last resort. It strikes outdated language and aligns the statute with current DHCI, state, CMS practices and requirements. Finally, this bill renames the Delaware Hospital for the Chronically Ill to the Eleanor Cain Center. It will be named in honor of Eleanor Lee Cain, who served as the DSAAPD director from 1973 to 2001 and was a champion for older adults.

Bill Text

What changed in the latest version

185 added · 10 removed

Plain-language change summary

The amendment to SB 281 removes the requirement that an applicant must be refused admission from all private long-term care facilities in Delaware to be admitted to the Eleanor Cain Center, the Delaware Hospital for the Chronically Ill. This change allows for a broader range of applicants to be eligible for admission, potentially increasing access to the hospital's services.

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Paradee DELAWARE STATE SENATE 153rd GENERAL ASSEMBLY SENATE AMENDMENT NO.
Paradee & Sen.
1 TO SENATE BILL NO.
Hoffner & Rep.
281 AMEND Senate Bill No.
Bush & Rep.
281 by deleting lines 145 through 147 in their entirety.
Carson Sens.
FURTHER AMEND Senate Bill No.
Huxtable, Pinkney, Seigfried, Sokola, Wilson;
281 on line 148 by deleting “d.” as it appears therein and inserting in lieu thereof “c.”.
Reps.
SYNOPSIS This Amendment removes the requirement for admission to the Eleanor Cain Center that an applicant be refused from all private long-term care facilities in Delaware.
Hilovsky, K.
Johnson DELAWARE STATE SENATE 153rd GENERAL ASSEMBLY SENATE BILL NO.
281 AN ACT TO AMEND TITLE 31 AND TITLE 29 OF THE DELAWARE CODE RELATING TO TECHNICAL UPDATES FOR THE DELAWARE HOSPITAL FOR THE CHRONICALLY ILL.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1.
Amend Chapter 28, Title 31 of the Delaware by making deletions as shown by strike through and insertions as shown by underline as follows:
Part II Welfare Agencies Chapter 28 Delaware Hospital for the Chronically Ill Eleanor Cain Center Subchapter I General Provisions § 2801.
Burial ground.
The Secretary of the Department of Health and Social Services shall set aside and maintain a suitable area upon the premises of the Hospital for the burial of bodies in any case where it is incumbent on Kent County to bury a person found dead within the meaning of § 4714 of Title 29.
(31 Del.
C.
1953, § 2806;
50 Del.
Laws, c.
85, § 1;
57 Del.
Laws, c.
591, § 19;
60 Del.
Laws, c.
207, § 3.) § 2802.
Rights of patients.
Each patient of the Hospital shall be entitled to all the patient rights set forth in subchapter II of Chapter 11 of Title 16, and all sections in said subchapter II shall apply to the patients of the Delaware Hospital for the Chronically Ill.
(61 Del.
Laws, c.
373, § 5.) Subchapter II Operation of Hospital and Admission § 2820.
Jurisdiction over Hospital;
rules and regulations;
power to contract.
The Department of Health and Social Services shall have full jurisdiction and control over the Hospital and its patients.
It may adopt and enforce rules and regulations for the exercise of its powers and the performance of its duties, and SD :
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04/16/2026 02:01 PM may adopt such rules and regulations to permit participation in federal and other programs for the benefit of patients and the State.
Show all 288 changed rows (248 more)
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Latest
The Department of Health and Social Services shall also have the power to enter into contracts in the name of the State for the erection of additional buildings and facilities and for their appointment and equipment.
(31 Del.
C.
1953, § 2820;
49 Del.
Laws, c.
144, § 2;
57 Del.
Laws, c.
591, § 20;
58 Del.
Laws, c.
499, § 7;
60 Del.
Laws, c.
207, § 3;
70 Del.
Laws, c.
149, § 221.) § 2821.
Organization and operation of Hospital.
(a) The Department of Health and Social Services shall maintain the Hospital and provide for the care and support of the inmates with due regard for their comfort and well-being.
(b) Facilities shall be afforded to the patients for their educational improvement, including edifying and inspirational entertainment and healthful recreation.
(c) Such methods in general shall be employed by the Department of Health and Social Services as will provide good order, fraternal relations and self-respect among the inmates, under humane and helpful regulations, with special reward for meritorious service and gentle reproof or reasonable restraint for misbehavior, as each particular case may warrant.
No member of the Department of Health and Social Services and no person holding a position under the Department of Health and Social Services shall have any pecuniary interest, directly or indirectly, in the purchase of supplies of any kind for said Hospital and its inmates or in expenditures authorized by the Department of Health and Social Services for any purpose in connection with said Hospital and its inmates.
(31 Del.
C.
1953, § 2821;
49 Del.
Laws, c.
144, § 2;
57 Del.
Laws, c.
591, § 20;
58 Del.
Laws, c.
499, § 1;
60 Del.
Laws, c.
207, § 3;
70 Del.
Laws, c.
149, § 222.) § 2822.
Requirements for admittance to the Hospital.
There shall be 2 different sets of admission requirements to the Hospital, 1 for persons applying under Title XIX of the Social Security Act [42 U.S.C.
§ 1396 et seq.] and another for those not applying under Title XIX:
(1) An applicant under Title XIX may be temporarily admitted to the Hospital, on the written order of any member of the Board, in the interim between meetings, of the Board or by order of the Board, when in session, upon presentation to the member of the Board or to the Board as a whole of a statement in writing setting forth the facts describing such person’s case, which shall be attested by 2 credible witnesses and verified under oath.
In every such case the Board shall cause diligent inquiry to be made into all the facts and circumstances in the applicant’s case and, upon ascertainment that the statement submitted is just and true, may make such further order respecting such person as the facts and circumstances may warrant.
(2) Any other person having been a resident in this State for a continuous period of 1 year, who has been unable to obtain employment or is unable to work, who has no property and income sufficient to provide the SD :
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04/16/2026 02:01 PM necessities of life, who has no permanent place of abode and no relatives or friends to care for such person, may be admitted for the time being to the Hospital, on the written order of any member of the Board in the interim between meetings of the Board or by order of the Board when in session, upon presentation, to the member of the Board or to the Board as a whole, of a statement in writing setting forth the facts in such person’s case, attested by 2 credible witnesses and verified under oath.
In every such case, the Board shall cause diligent inquiry to be made into all the facts and circumstances of such person’s case and, upon ascertainment that the statement submitted is just and true, may make such further order respecting such person as the facts and circumstances may warrant.
(31 Del.
C.
1953, § 2822;
49 Del.
Laws, c.
144, § 2;
55 Del.
Laws, c.
418;
57 Del.
Laws, c.
591, § 20;
58 Del.
Laws, c.
499, § 2;
60 Del.
Laws, c.
207, § 3;
70 Del.
Laws, c.
186, § 1.) § 2823.
Exclusion of persons with mental conditions;
grounds for dismissal.
(a) No person with a mental condition shall be admitted to the Hospital.
(b) Any patient of the Hospital who is guilty of the violation of any law of the State shall be dismissed and placed in the custody of the proper authorities.
Any patient of the Hospital who becomes incorrigible shall be dismissed.
(31 Del.
C.
1953, § 2823;
49 Del.
Laws, c.
57, § 1;
49 Del.
Laws, c.
144, § 2;
57 Del.
Laws, c.
99;
58 Del.
Laws, c.
499, § 3;
60 Del.
Laws, c.
207, § 3;
78 Del.
Laws, c.
179, §§ 364, 365.) § 2824.
Recording anatomical gift data.
(a) The Delaware Hospital for the Chronically Ill shall, if possible, ascertain from a patient upon admission whether or not the patient has donated all or part of that patient’s own body as an anatomical gift either by will or in a manner permitted by § 2713 of Title 16 and the person, institution or organization to which such gift has been made.
(b) The Delaware Hospital for the Chronically Ill shall maintain as part of a patient’s permanent record the information required under this section and such other pertinent information about said anatomical gift which will facilitate the carrying out of the patient’s wishes in the event of that patient’s death.
Upon the death of a patient who has made an anatomical gift, the Delaware Hospital for the Chronically Ill shall make every reasonable effort to contact without delay the person, institution or organization to which such gift has been made.
(63 Del.
Laws, c.
238, § 3;
70 Del.
Laws, c.
186, § 1;
80 Del.
Laws, c.
182, § 1;
81 Del.
Laws, c.
79, § 47.) Subchapter III Expenses and Financing of Hospital § 2830.
Property liable for expenses.
(a) Patients at the Hospital admitted under Title XIX of the Social Security Act [42 U.S.C.
§ 1396 et seq.], if found to own property, shall not be liable for expenses incurred by the Hospital for their care and support.
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04/16/2026 02:01 PM 83 (b) If a husband, without sufficient cause, separates from his wife, or if a father or mother deserts his or her children so that such wife or children are admitted to the Hospital, the property of such husband, father or mother shall be liable for the expense incurred in the care and support of such wife or children.
(c) In the case of patients, other than those admitted under Title XIX, the Division shall take legal proceedings to seize the property of patients to pay for expenses incurred in their care and support.
(31 Del.
C.
1953, § 2830;
49 Del.
Laws, c.
144, § 2;
57 Del.
Laws, c.
591, § 20;
58 Del.
Laws, c.
499, §§ 4, 5;
60 Del.
Laws, c.
207, § 3;
70 Del.
Laws, c.
186, § 1.) § 2831.
Liability of relatives for expenses of care and support of patients.
(a) The liability of relatives for expenses incurred in the care and support of a patient admitted under Title XIX of the Social Security Act [42 U.S.C.
§ 1396 et seq.] shall be as follows:
The spouse of a Title XIX patient shall be responsible for the expenses of the patient;
parents shall be financially responsible for the expenses incurred by their children who are patients at the Hospital if such children are under the age of 18, are blind or are permanently or totally disabled.
(b) The spouse, parents or children of a person not admitted under Title XIX shall be liable, in the order above named, for the expenses incurred in the care and support of such person;
provided, that they are found able to pay such expenses.
The Board shall take legal proceedings to enforce this liability, if warranted by the facts and circumstances.
(31 Del.
C.
1953, § 2831;
49 Del.
Laws, c.
144, § 2;
57 Del.
Laws, c.
591, § 20;
58 Del.
Laws, c.
499, § 6;
60 Del.
Laws, c.
207, § 3;
70 Del.
Laws, c.
186, § 1.) § 2832.
Financing of Hospital maintenance;
other expenses.
The cost of the operation and maintenance of the Hospital and the care and support of its inmates shall be paid by the State Treasurer.
(31 Del.
C.
1953, § 2832;
56 Del.
Laws, c.
291;
60 Del.
Laws, c.
207, § 3.) Subchapter IV Penalties § 2840.
Fraud in connection with admission;
penalty.
Whoever by wilful false statements, misrepresentation or other fraudulent device, obtains or attempts to obtain or aids or abets any other person to obtain admission to the Hospital, when such person is not entitled to admission under this chapter, or disposes of any property or aids or abets in the buying or in any other way disposing of the property of a person applying for admission or who has already been admitted to the Hospital, without the knowledge or consent of the Board, which property is liable for the expense incurred in the care and support of such person in the Hospital, shall be fined not SD :
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04/16/2026 02:01 PM more than $500, or imprisoned not more than 3 years, or both.
(31 Del.
C.
1953, § 2840;
49 Del.
Laws, c.
144, § 2;
60 Del.
Laws, c.
207, § 3.) § 2841.
Other penalties.
Whoever violates this chapter, for which no penalty is specifically prescribed, shall be fined not more than $500, or imprisoned not more than 3 years, or both.
(31 Del.
C.
1953, § 2841;
49 Del.
Laws, c.
144, § 2.) §2801.
Definitions.
As used in this chapter:
(1) “Center” means the Eleanor Cain Center, a skilled nursing care facility operated by the Department of Health & Social Services and located on the premises of the Eleanor Cain Campus, a 62-acre campus located in Smyrna Delaware.
(2) “CMS” means Centers for Medicaid and Medicare Services.
(3) “Department” means Department of Health and Social Services.
§2802.
Organization and Operation of the Eleanor Cain Center.
(a) The Center shall:
(1) Operate in accordance with federal and state laws and regulations, including CMS regulations, 42 C.F.R.
483.
(2) Care for all residents in a manner and in an environment that promotes maintenance or enhancement of each resident’s dignity, respect, and quality of life.
(3) Provide an ongoing program to support residents in their choice of activities, designed to meet the interests of and support the physical, mental, and psychosocial wellbeing of each resident.
(b) Each resident of the Center shall be entitled to the rights of residents set forth in subchapter II of Chapter 11 of Title 16, and all sections in said subchapter II shall apply to the residents of the Center.
(c) The cost of the operation and maintenance of the Center and the care and support of residents shall be paid by the State Treasurer.
§2803.
Department Duties.
(a) The Department shall:
(1) Maintain operation and have full jurisdiction over the Center.
(2) Enter contracts for the erection of additional buildings and facilities for their appointment and equipment.
(3) Establish policies and procedures regarding the referral, review, and admission of applicants to the Center that include the following requirements for admission:
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The applicant has been determined to have a skilled nursing facility level of care.
b.
The applicant chooses to receive services in a long-term care facility after being informed of available community options.
c.
The applicant meets the circumstances described in (a.) and (b.) and has been refused admission from all private long-term care facilities in Delaware.
The applicant’s refusal of other viable long-term care facilities will not satisfy this requirement.
d.
The applicant has completed a Medicaid financial interview within the Division of Medicaid & Medical Assistance and eligibility has been determined.
(4) Set aside and maintain a suitable area upon the premises of Eleanor Cain Campus for the burial of bodies in any case where it is incumbent to bury a person found dead within the meaning of § 4711 of Title 29.
§2804.
Financial Liability of Residents.
(a) The Department shall determine the financial liability of residents in payment for services under §7940 of Title 29.
SYNOPSIS The Department of Health and Social Services (DHSS), through the Division of Services for Aging and Adults with Physical Disabilities (DSAAPD), operates the Delaware Hospital for the Chronically Ill (DHCI), a Long-Term Care (LTC) facility in Smyrna, Delaware.
DHCI is a facility of last resort for Delawareans that require a skilled nursing facility level of care and have no viable options for private nursing facility care.
The Delaware Hospital for the Chronically Ill’s name no longer reflects the dignity of all residents who live there.
The existing statute uses outdated and offensive language, often referring to residents as “inmates.” It does not align with current policies and procedures around operation and maintenance of DHCI or the skilled care, screening, and admission of its residents, nor does it recognize DHCI’s role as a skilled nursing facility that maintains a five-star rating from the Centers for Medicare and Medicaid Services (CMS).
This bill provides a technical update to reflect DHCI’s current practices, policies and procedures as a LTC facility of last resort.
It strikes outdated language and aligns the statute with current DHCI, state, CMS practices and requirements.
Finally, this bill renames the Delaware Hospital for the Chronically Ill to the Eleanor Cain Center.
It will be named in honor of Eleanor Lee Cain, who served as the DSAAPD director from 1973 to 2001 and was a champion for older adults.
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Action History

  1. Passed By House. Votes: 37 YES 1 NO 3 ABSENT

  2. Reported Out of Committee (Health & Human Development) in House with 9 On Its Merits

  3. Assigned to Health & Human Development Committee in House

  4. Passed By Senate. Votes: 21 YES

  5. Amendment SA 1 to SB 281 - Passed By Senate. Votes: 21 YES

  6. Reported Out of Committee (Health & Social Services) in Senate with 6 Favorable

  7. Amendment SA 1 to SB 281 - Introduced and Placed With Bill

  8. Introduced and Assigned to Health & Social Services Committee in Senate

Sponsors

Sponsorship breakdown

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10 sponsors · 0 co-sponsors · 52 not signed on · 1 voted No

Sponsors (10)

Co-sponsors (0)

None.

Not signed on (52)

52 members have not signed on to this bill.

Show all 52 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

3/5

Passed 37 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 25002
Republican 12101
Total 37103
% of votes cast 90%2%0%7%
How each member voted (41)
Member Party Vote
Alonna Berry Democratic Yea
Claire Snyder-Hall Democratic Yea
Cyndie Romer Democratic Yea
DeShanna U Neal Democratic Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Eric Morrison Democratic Yea
Frank Burns Democratic Yea
Franklin D. Cooke Democratic Yea
Josue O Ortega Democratic Not Voting
Kamela T Smith Democratic Yea
Kendra Johnson Democratic Yea
Kerri Evelyn Harris Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Yea
Larry Lambert Democratic Yea
Madinah Wilson-Anton Democratic Yea
Mara Gorman Democratic Yea
Melanie Ross Levin Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Not Voting
Sherae'a Moore Democratic Yea
Sophie Phillips Democratic Yea
Stephanie T. Bolden Democratic Yea
William Bush Democratic Yea
William J. Carson Democratic Yea
Bryan W. Shupe Republican Yea
Charles S Postles Jr. Republican Not Voting
Daniel B. Short Republican Yea
Jeff Hilovsky Republican Nay
Jeffrey N. Spiegelman Republican Yea
Jesse R. Vanderwende Republican Yea
Kevin S Hensley Republican Yea
Lyndon D. Yearick Republican Yea
Michael F. Smith Republican Yea
Richard G. Collins Republican Yea
Ronald E. Gray Republican Yea
Shannon Morris Republican Yea
Timothy D. Dukes Republican Yea
Valerie Jones Giltner Republican Yea

Official roll call →

SM

Passed 21 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 15000
Republican 6000
Total 21000
% of votes cast 100%0%0%0%
How each member voted (21)
Member Party Vote
Bryan Townsend Democratic Yea
Daniel Cruce Democratic Yea
Darius J. Brown Democratic Yea
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Kyra L. Hoffner Democratic Yea
Laura V. Sturgeon Democratic Yea
Marie Pinkney Democratic Yea
Nicole Poore Democratic Yea
Ray Seigfried Democratic Yea
Russell Huxtable Democratic Yea
S. Elizabeth Lockman Democratic Yea
Spiros Mantzavinos Democratic Yea
Stephanie L. Hansen Democratic Yea
Trey Paradee Democratic Yea
Brian Pettyjohn Republican Yea
Bryant L. Richardson Republican Yea
Dave G. Lawson Republican Yea
David L. Wilson Republican Yea
Eric Buckson Republican Yea
Gerald W. Hocker Republican Yea

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 281 do?
The Department of Health and Social Services (DHSS), through the Division of Services for Aging and Adults with Physical Disabilities (DSAAPD), operates the Delaware Hospital for the Chronically Ill (DHCI), a Long-Term Care (LTC) facility in Smyrna, Delaware. DHCI is a facility of last resort for Delawareans that require a skilled nursing facility level of care and have no viable options for private nursing facility care. The Delaware Hospital for the Chronically Ill’s name no longer reflects the dignity of all residents who live there. The existing statute uses outdated and offensive language, often referring to residents as “inmates.” It does not align with current policies and procedures around operation and maintenance of DHCI or the skilled care, screening, and admission of its residents, nor does it recognize DHCI’s role as a skilled nursing facility that maintains a five-star rating from the Centers for Medicare and Medicaid Services (CMS). This bill provides a technical update to reflect DHCI’s current practices, policies and procedures as a LTC facility of last resort. It strikes outdated language and aligns the statute with current DHCI, state, CMS practices and requirements. Finally, this bill renames the Delaware Hospital for the Chronically Ill to the Eleanor Cain Center. It will be named in honor of Eleanor Lee Cain, who served as the DSAAPD director from 1973 to 2001 and was a champion for older adults.
Who sponsors SB 281?
SB 281 is sponsored by Laura V. Sturgeon (Democratic), David L. Wilson (Republican), David P. Sokola (Democratic), Ray Seigfried (Democratic), Marie Pinkney (Democratic), Russell Huxtable (Democratic), William J. Carson (Democratic), William Bush (Democratic), Claire Snyder-Hall (Democratic), and Trey Paradee (Democratic).
What is the current status of SB 281?
This bill has passed the Senate. Introduced April 16, 2026. It now moves to the second chamber.
Where can I track SB 281?
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