Health and Human Services (HHS) Policy Committee

Back to 2016 Ratified Policy Resolutions
RESOLUTION HHS-16-03

ADDRESSING MENTAL HEALTH IN THE CRIMINAL JUSTICE SYSTEM TO REDUCE RECIDIVISM RATES AND IMPROVE PRISONER HEALTH AND TRANSITION BACK TO THE COMMUNITY

WHEREAS, the National Black Caucus of State Legislators (NBCSL) has been a strong proponent for necessary reforms to the criminal justice system and an advocate for successful re-entry of returning citizens to their communities;

WHEREAS, the prison population is disproportionately comprised of African American and Latino persons with one in every 13 African American males in the U.S. aged 30 to 34 incarcerated or imprisoned in 2011, one in 36 Latino males incarcerated and one in every 90 white males of the same age group incarcerated.

WHEREAS, African American and Latino women were 2.5 times more likely and 1.4 times more likely respectively, to be incarcerated than their white counterparts;

WHEREAS, the expenses on incarceration accounts for a substantial amount of almost every state’s budget;

WHEREAS, the cost of incarceration is an expense borne by a state’s taxpayers;

WHEREAS, according to the Bureau of Justice Statistics, more than half of those incarcerated in the United States have mental health issues;

WHEREAS, enhanced mental health training for law enforcement personnel and the use of diversion programs will reduce arrest rates by de-escalating mental health crisis situations;

WHEREAS, mentally-ill incarcerated or imprisoned adults are disproportionately abused, beaten and/or raped;

WHEREAS, effectively treating inmates’ physical and mental health illnesses improves their well-being and can reduce the likelihood their condition will deteriorate, that they will commit new crimes, violate their parole and return to prison;

WHEREAS, the ability of offenders with serious mental illness (SMI) to obtain appropriate health care services upon release from prison is essential to reducing recidivism rates;

WHEREAS, prisoners with SMI who have their Medicaid coverage canceled rather than suspended upon incarceration, face delays in access to essential health benefits upon their release of two to three months; and

WHEREAS, the Centers for Medicare and Medicaid Services (CMS) encourages states to suspend rather than terminate Medicaid eligibility to limit long delays in accessing health care benefits and services upon release from prison.

THEREFORE BE IT RESOLVED, that the National Black Caucus of State Legislators (NBCSL) urges federal, state and county legislators and officials to consider and enact policies to enhance access to mental health services at multiple states in the criminal justice system which will create better results for both the individual and the system;

BE IT FURTHER RESOLVED, that the NBCSL supports a wide range of programs to improve mental health treatment for individuals involved in the criminal justice system aimed to aid communities to end recidivism;

BE IT FURTHER RESOLVED, that the NBCSL urges states that the law enforcement community to consider holistically integrating mental health treatment & services such as crisis intervention teams (CITs) into the criminal justice system spectrum, in an effort to address mental health crisis situations and to reduce arrest rates;

BE IT FURTHER RESOLVED, that the NBCSL calls on state to examine the costs and benefits of suspending Medicaid coverage instead of termination of coverage for individuals in the criminal justice system;

BE IT FURTHER RESOLVED, that the NBCSL calls on all states to allow Medicaid coverage to be suspended for incarcerated persons instead of terminating Medicaid eligibility;

BE IF FURTHER RESOLVED, that the NBCSL call on states and federal government to consider promising criminal justice interventions and policies for mentally-ill offenders such as diversion programs and mental health courts to rout SMI offenders to community based mental health treatment programs instead of prison or jail; and

BE IF FINALLY RESOLVED, that a copy of this resolution be transmitted to the President of the United States, the Vice President of the Unites States, members of the United States House of Representatives and the United States Senate, and other federal and state government officials and agencies as appropriate.

  • SPONSOR: Representative Gregory W. Porter (IN)
  • Committee of Jurisdiction: Health and Human Services Policy Committee
  • Certified by Committee Co-Chairs: Representative Mia Jones (FL) and Senator Shirley Nathan Pulliam (MD)
  • Ratified in Plenary Session: Ratification Date is December 4, 2015
  • Ratification is certified by: Senator Catherine Pugh (MD), President
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RESOLUTION HHS-16-08

NBCSL STANDS IN SUPPORT OF PLANNED PARENTHOOD

WHEREAS, Planned Parenthood has provided health care services to millions of individuals in nearly the century it has been operating;

WHEREAS, 42 percent of Planned Parenthood services are Sexually Transmitted Infection (STI)/Sexually Transmitted Disease (STD) testing & treatment; 34 percent are contraception; 11 percent of women’s health services, and 9 percent are dedicated cancer screenings;

WHEREAS, the Centers for Disease Control and Prevention (CDC) named family planning, including access to contraception one of the 10 great public health achievements of the 20th  century;

WHEREAS, 14 percent of Planned Parenthood patients were African American in 2013;

WHEREAS, 78 percent of Planned Parenthood patients lived at 150 percent of the federal poverty level or less in 2014;

WHEREAS, Planned Parenthood provides invaluable services, including nearly 400,000 pap tests, nearly 500,000 breast exams, and nearly 4.5 million tests and treatments for STI’s yearly; and

WHEREAS, Planned Parenthood global works in 13 countries in Latin America and Africa, to provide thousands of men, women, and young people with sexual and reproductive health education.

THEREFORE BE IT RESOLVED, in a time of unrelenting attacks on access to reproductive health care services throughout the United States and especially in our communities, it is imperative that the National Black Caucus of State Legislators (NBCSL) stands up and supports Planned Parenthood and their mission to provide critical and life-saving health care services.

BE IT FURTHER RESOLVED, NBCSL affirms the importance of healthcare access in our communities, and the foundational role it plays in ensuring all of our families are able to lead healthy and productive lives; and

BE IT FINALLY RESOLVED, that a copy of this resolution be transmitted to the President of the United States, the Vice President of the United States, members of the United States House of  Representatives and the United States Senate, and other federal and state government officials as appropriate.

  • SPONSOR: Representative Nikki Randall (GA)
  • Committee of Jurisdiction: Health and Human Services Policy Committee
  • Certified by Committee Co-Chairs: Representative Mia Jones (FL) and Senator Shirley Nathan Pulliam (MD)
  • Ratified in Plenary Session: Ratification Date is December 4, 2015
  • Ratification is certified by: Senator Catherine Pugh (MD), President
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RESOLUTION HHS-16-09

RECOGNIZING THE MUTUAL BENEFIT BETWEEN HEALTH CARE SHARING AND HEALTH SAVINGS ACCOUNTS

WHEREAS, health care cost support is an essential element of economic security for American families;

WHEREAS, individuals and families require more health care cost support choices, not fewer;

WHEREAS, the National Black Caucus of State Legislators (NBCSL) recognizes the great work of religious organizations;

WHEREAS, voluntary health care sharing ministries are proven religious organizations through which participants in these ministries share the burden of medical events in prayer, encouragement, and finances without health insurance;

WHEREAS, the United States Congress recognized the legitimacy of health care sharing ministries in 2010 when it granted participants in these ministries one of the nine exemptions from the individual mandate in the Patient Protection and Affordable Care Act;

WHEREAS, the NBCSL passed HHS-09-16 “RECOGNIZING THE CONTRIBUTIONS OF NON-PROFIT HEALTH MINISTRIES” urging states to recognize health care ministry programs and ensuring their citizens have the freedom to make personal health care cost support choices according to their individual needs;

WHEREAS, participation in a health care sharing ministry is significantly less than conventional health insurance;

WHEREAS, for income earned in 2011, approximately 72 percent of health care sharing ministry participants were at 400 percent above the Federal Poverty Level (FPL) or lower, including approximately 44 percent of health care sharing ministry participants at 200 percent of FPL or lower;

WHEREAS, when the Health Savings Account (HSA) law, which created tax-free financial accounts that are designed to help individuals save from future health care expenses, was enacted in December 2003, it required citizens opening an HSA to also purchase a high-deductible health insurance plan;

WHEREAS, according to a June 2013 report from America’s Health Insurance Plans’ Center for Policy and Research, as of January 2013, 15.5 million people in America have made HSA’s their choice for health care cost support;

WHEREAS, according to the same report, the states with the highest HSA enrollment are Illinois, Texas, California, Ohio, and Michigan;

WHEREAS, according to the same report, children ages 0 to 19 comprise the largest group of lives covered by a HSA;

WHEREAS, another AHIP report shows that 83 percent of HSA owners have incomes that put them in the middle income class or lower;

WHEREAS, according to the Society of Human Resource Management, 43 percent of employers offered HSAs in 2012; and

WHEREAS, despite the value of HSA’s, individuals are unable to pay into them and be a part of a health care sharing ministry.

THEREFORE BE IT RESOLVED, that the National Black Caucus of State Legislators (NBCSL) recognizes the mutual benefit that would be created if citizens who opened a HSA would have the ability to choose participation in a health care sharing ministry or the purchase of a high-deductible health insurance plan;

BE IT FURTHER RESOLVED, that the NBCSL encourages the United States Congress to pass such laws as would be necessary to create this additional health care cost support choice; and

BE IT FINALLY RESOLVED, that a copy of this resolution be transmitted to the President of the United States, Vice President of the United States, members of the United States House of Representatives and the United States Senate, and other federal and states government officials as appropriate.

  • SPONSORS: Representative Johnny Shaw (TN) and Representative Joe Armstrong (TN)
  • Committee of Jurisdiction: Health and Human Services Policy Committee
  • Certified by Committee Co-Chairs: Representative Mia Jones (FL) and Senator Shirley Nathan Pulliam (MD)
  • Ratified in Plenary Session: Ratification Date is December 4, 2015
  • Ratification is certified by: Senator Catherine Pugh (MD), President
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RESOLUTION HHS-16-12

A RESOLUTION RECOGNIZING BROWN BUTTERFLIES, INC. FOR PROVIDING LUPUS AWARENESS

WHEREAS, Lupus is an unpredictable, devastating, cruel and mysterious disease;

WHEREAS, Lupus is defined as a chronic, autoimmune disease that can damage any part of the body including skin, joints and/or organs inside the body;

WHEREAS, most victims show symptoms for years before a correct diagnosis is rendered by physicians;

WHEREAS, during this period of incorrect diagnosis, on average, for six years, individuals suffer excruciating pain, hundreds of inappropriate medications and many life changes;

WHEREAS, these life changes negatively impact every facet of life: work is disrupted, family life is fractured and because Lupus is difficult to diagnose, an individual’s mental health is affected;

WHEREAS, it is estimated that 1.5 million Americans have Lupus;

WHEREAS, women of color are two to three times more likely to develop Lupus than Caucasians;

WHEREAS, the National Black Caucus of State Legislators (NBCSL) has health as one of its policy areas, especially the health of women of color;

WHEREAS, Brown Butterflies, Inc., a national nonprofit organization was recently founded by two women of color, Tiffany Glover and Vanecia Kimbrow, both of whom are living life with Lupus; and

WHEREAS, Brown Butterflies, Inc., has as its mission to increase local and national awareness, medical research and provide support for Women of Color living life with Lupus.

THEREFORE BE IT RESOLVED, that the National Black Caucus of State Legislators (NBCSL) joins in the national movement to increase local and national awareness, medical research for Lupus and to provide support for women with Lupus, especially women of color; and

BE IT FINALLY RESOLVED, that the NBCSL send a copy of this resolution to the President of the United States, members of Congress, State Legislators and Public Health Agencies that focus on the health issues of women.

  • SPONSOR: Representative Johnnie R. Turner (TN)
  • Committee of Jurisdiction: Health and Human Services Policy Committee
  • Certified by Committee Co-Chairs: Representative Mia Jones (FL) and Senator Shirley Nathan Pulliam (MD)
  • Ratified in Plenary Session: Ratification Date is December 4, 2015
  • Ratification is certified by: Senator Catherine Pugh (MD), President
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RESOLUTION HHS-16-19

SUPPORTING CULTURALLY SPECIFIC DEMENTIA, ALZHEIMER’S DISEASE AND CHRONIC TRAUMATIC ENCEPHALOPATHY (CTE) HEALTH CARE

WHEREAS, the National Black Caucus of State Legislators (NBCSL) supports the needs of the African American community in meeting the challenges of Dementia, Alzheimer’s disease, and aging;

WHEREAS, African Americans experience Dementia and Alzheimer’s disease at twice the rate of whites;

WHEREAS, Baby Boomers began turning 65 in 2011, ushering in unprecedented changes in our approach to long-term care;

WHEREAS, an estimated 10 million baby boomers are projected to be stricken with Alzheimer’s;

WHEREAS, the number of African Americans age 65 and over will more than double by 2030, from 2.7 million in 1995 to 6.9 million by 2030;

WHEREAS, preparations are needed at the state and national levels to ensure our African American elders can live well in their old age, including remaining in their homes and communities;

WHEREAS, the average cost of providing care for someone with Alzheimer’s is nearly $60,000 per year;

WHEREAS, a culturally-sensitive approach to care can lead to better health outcomes for African American patients as well their caretakers;

WHEREAS, expanded respite services and training for caregivers and social workers are two key components in meeting the challenge of caring for those afflicted with Alzheimer’s disease and dementia; and

WHEREAS, chronic traumatic encephalopathy (CTE) is a progressive degenerative disease of the brain found in athletes and others with a history of repetitive brain trauma including symptomatic concussions.

THEREFORE BE IT RESOLVED, that the National Black Caucus of State Legislators (NBCSL) recognizes the need for culturally-specific support services for African Americans senior citizens, athletes, and others afflicted with Alzheimer’s disease, dementia and chronic traumatic encephalopathy (CTE) and to promote awareness for CTE and support test models to help diagnose African American citizens before death; and

BE IT FINALLY RESOLVED, that a copy of this resolution be transmitted to the President of the United States, the Vice President of the United States, members of the United States House of Representatives and the United States Senate, and other federal and state government officials as appropriate.

  • SPONSOR: Representative Rena Moran (MN)
  • Committee of Jurisdiction: Health and Human Services Policy Committee
  • Certified by Committee Co-Chairs: Representative Mia Jones (FL) and Senator Shirley Nathan Pulliam (MD)
  • Ratified in Plenary Session: Ratification Date is December 4, 2015
  • Ratification is certified by: Senator Catherine Pugh (MD), President
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RESOLUTION HHS-16-28

PROMOTING POLICIES TO DECREASE THE DISPROPORTIONATE NUMBER OF AFRICAN AMERICANS LIVING WITH HEPATITIS C THROUGH INCREASED ACCESS TO INNOVATIVE TREATMENTS

WHEREAS, Hepatitis C currently infects as many as 3.2 million Americans, and kills more than 15,000 Americans annually;

WHEREAS, Hepatitis C is a contagious liver disease resulting from infection with the Hepatitis C virus (HCV);

WHEREAS, Hepatitis C can be asymptomatic and up to 75 percent of individuals with Hepatitis C are unaware that they are infected;

WHEREAS, HCV often remains undetected, causing potentially life-threatening liver damage, and causing individuals to unknowingly transmit the disease to others;

WHEREAS, Hepatitis C is the most prevalent blood borne disease in the United States;

WHEREAS, Hepatitis C disproportionately affects minority Americans and prevalence of the virus is 3 percent among African Americans and 2.6 percent among Latinos, compared to 1.5 percent of the general population;

WHEREAS, Data shows that the Hepatitis C mortality rate is nearly double for African Americans compared to Caucasians;

WHEREAS, chronic liver disease, which is often Hepatitis C-related, is a leading cause of death among African Americans between the ages of 45 and 64;

WHEREAS, Approximately 9.4 percent of African Americans in their 40s are, or have been, infected with chronic Hepatitis C compared to 3.8 percent of Caucasians;

WHEREAS, the number of Hepatitis C cases is projected to rise four-fold nationally between 2009-2029;

WHEREAS, when patients experience disease progression, rising treatment costs can be attributed to liver disease, cirrhosis, liver failure and liver cancer and societal costs may include employee productivity loss as a result of increased physician visits, hospital stays, sick days, decreased worker status, disability, and potentially death;

WHEREAS, Studies estimate that Hepatitis C-related hospitalizations increased 190 percent between 2005 and 2010 at a cost of $3.5 billion;

WHEREAS, early detection of Hepatitis C infection promotes effective management and treatment of the infection, preventing disability, loss of productivity and income, and allowing people to live full, satisfying, and productive lives;

WHEREAS, New Hepatitis C therapies offer cure rates exceeding 95 percent and carry minimal side effects; and

WHEREAS, payers are restricting access to these medications, often forcing patients to meet a set of extensive, onerous criteria before receiving treatment.

THEREFORE BE IT RESOLVED, that the National Black Caucus of State Legislators (NBCSL) recognizes the importance of screening, early diagnosis and treatment of Hepatitis C in order to connect infected Americans with treatment and to prevent disease transmission;

BE IT FURTHER RESOLVED, that NBSCL urges federal, state and local policymakers to implement policies to decrease the disproportionate number of African-Americans suffering from chronic Hepatitis C by improving access to treatments, including innovative treatments;

BE IT FURTHER RESOLVED, that NBCSL supports the creation of policies in its members’ districts and throughout the country that will decrease disparities in death rates from Hepatitis C-related diseases, especially chronic liver disease, between African-Americans and Caucasians;

BE IT FURTHER RESOLVED, that NBCSL supports open access to new and innovative Hepatitis C treatment for all patients living with the disease regardless of disease state; and

BE IT FINALLY RESOLVED, that a copy of this resolution be transmitted to the President of the United States, the Vice President of the United States, members of the United States House of Representatives and the United States Senate, and other federal and state government officials as appropriate.

  • SPONSORS: Senator Donne Trotter (IL) and Representative. Rita Mayfield (IL)
  • Committee of Jurisdiction: Health and Human Services Policy Committee
  • Certified by Committee Co-Chairs: Representative Mia Jones (FL) and Senator Shirley Nathan Pulliam (MD)
  • Ratified in Plenary Session: Ratification Date is December 4, 2015
  • Ratification is certified by: Senator Catherine Pugh (MD), President
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RESOLUTION HHS-16-29

ACCELERATING MEDICAL INNOVATION TO SAVE AMERICAN LIVES, REDUCE BURDEN ON HEALTHCARE, IMPROVE THE ECONOMY AND RESTORE AMERICA’S LEADERSHIP IN BIOMEDICAL RESEARCH

WHEREAS, the National Black Caucus of State Legislators (NBCSL) maintains a strong commitment to assuring the position of the United States as the world leader in biomedical innovation and therefore, supports policies in order to accelerate research and drug discovery in the U.S.;

WHEREAS, the U.S. economy benefits from biomedical research conducted in this country. Today, the research-driven biopharmaceutical industry employs more than 810,000 people directly and supports a total of 3.4 million jobs across the country;

WHEREAS, biomedical research produces tax revenues that support government programs and services. In 2010, the activity related to the Human Genome Project generated $6.0 billion in federal, state, and local taxes. With just that one year’s incremental tax revenue resulting from the Human Genome, the government recouped 97 percent of its 13-year investment in the Project;

WHEREAS, biomedical breakthroughs save American lives and contribute economic activity. Since 1990, cancer patients have enjoyed 50 million additional years of life and generated $4.7 trillion in additional economic value, with 83 percent of life expectancy gains attributable to new treatments;

WHEREAS, investment in biomedical research and development is high risk and can reach in the billions of dollars and take more than a decade, with only 12 percent of medicines that even reach clinical trials making it to FDA approval. A  2010 Tufts University study puts the average cost of developing one innovative medicine in the U.S., including the R&D costs for the many promising candidates that don’t make it to approval, at upwards of $2.6 billion;

WHEREAS, the incidence of chronic diseases, such as Cancer and Alzheimer’s disease, are expected to escalate in the years ahead, burdening the health U.S. healthcare system and threatening economic growth. Curing diseases like these will require substantial investments of time and money, but the returns in longer lives and stronger economic growth are substantial. A new medicine that delayed the onset of Alzheimer’s by just five years could avoid almost $200 billion in Medicaid spending mostly for long-term care by 2035;

WHEREAS, the Congressional Budget Office reports that a 1 percent increase in the number of prescriptions filled results in a 0.20 percent decrease in spending on other medical services, such as emergency department visits and hospitalizations, illustrating the impact innovative medicines have on reducing other health care spending; and

WHEREAS, the NBCSL believes that new policies are needed to keep the research pipeline flowing in the U.S., including policies that support continued innovation and incentive for investment in research and development.

THEREFORE BE IT RESOLVED, that the National Black Caucus of State Legislators (NBCSL) supports increasing federal research funding for the National Institutes of Health;

BE IT FURTHER RESOLVED, that NBCSL recognizes the importance of policies that will continue to incentivize the long-term, high-risk private investment needed for new medical breakthroughs in the future; and

BE IT FINALLY RESOLVED, that a copy of this resolution be transmitted to the President of the United States, the Vice President of the United States, members of the United States House of Representatives and the United States Senate, and other federal and state government officials as appropriate.

  • SPONSOR: Senator Donne Trotter (IL)
  • Committee of Jurisdiction: Health and Human Services Policy Committee
  • Certified by Committee Co-Chairs: Representative Mia Jones (FL) and Senator Shirley Nathan Pulliam (MD)
  • Ratified in Plenary Session: Ratification Date is December 4, 2015
  • Ratification is certified by: Senator Catherine Pugh (MD), President
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RESOLUTION HHS-16-31

IMPROVING TRANSPARENCY AND CONTINUITY OF CARE FOR HEALTH CARE CONSUMERS

WHEREAS, patients, especially those with serious or chronic conditions, should be able to continue the course of therapy recommended by their physician;

WHEREAS, Health Plans and Pharmacy Benefit Managers (PBM’s) have implemented policies called non-medical switching that require patients to switch to cheaper, insurer-preferred drugs. These policies include making formulary changes that limit or restrict access to certain treatments and increasing out-of-pocket costs;

WHEREAS, a stable patient should not be required to switch treatments simply due to payer cost controls;

WHEREAS, studies have shown that patients with chronic conditions who have been stabilized on drug therapy and then switched to another drug face negative consequences, such as allergic  reaction or lack of response;

WHEREAS, nearly all health plans and PBMs in the U.S. switch patients between drugs as part of a utilization management program offered to employers and other customers, including states;

WHEREAS, switching a stable patient for non-medical reasons may be dangerous, is usually unnecessary, and rarely generates overall cost savings;

WHEREAS, out-of-pocket costs for patients can exceed 30 percent of the cost of primary care, specialist visits, and some medications, while average deductibles have increased by 150 percent over the past five years;

WHEREAS, despite protections in the Patient Protection and Affordable Care Act (ACA), consumers are still exposed to the whims of health plans and pharmacy benefit managers (PBMs) when it comes to health services being changed or denied;

WHEREAS, states may have statutory or regulatory protections for patients to continue health care if a health care provider is no longer with a health plan, very few states protect a patient when a health plan changes service or pharmaceutical coverage in the middle of the plan year; and

WHEREAS, the 2016 Letter to Issuers from the Centers for Medicare & Medicaid Services does require some health plans to increase transparency about what is covered, the federal government encourages but does not require health plans to temporarily cover non-formulary drugs as if they were on formulary and without imposing additional cost sharing when either a person changes plans or the plan makes a change in the middle of a plan year.

THEREFORE BE IT RESOLVED, it is critical to promote, support, and encourage continuity of care for patients, and benefit design should support treatment decisions that are driven by clinical  judgment and patient / physician decision making, not by costs to the payer, to promote long-term health;

BE IT FURTHER RESOLVED, that the additional legislative provisions should be examined to safeguard affordable and continuous patient access to health care services and treatments;

BE IT FURTHER RESOLVED, that additional legislative provisions should be established to ensure patient safety and knowledge of medications and insurance coverage; and

BE IT FINALLY RESOLVED, that a copy of this resolution be transmitted to the President of the United States, the Vice President of the United States, members of the United States House of Representatives and the United States Senate, and other federal and state government officials as appropriate.

  • SPONSOR: Senator Donne Trotter (IL)
  • Committee of Jurisdiction: Health and Human Services Policy Committee
  • Certified by Committee Co-Chairs: Representative Mia Jones (FL) and Senator Shirley Nathan Pulliam (MD)
  • Ratified in Plenary Session: Ratification Date is December 4, 2015
  • Ratification is certified by: Senator Catherine Pugh (MD), President
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