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280-1939-COUNTY-DEPARTMENT-OF-SOCIAL-SERVICES
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THE SOCIAL WELFARE ACT (EXCERPT)
Act 280 of 1939
COUNTY DEPARTMENT OF SOCIAL SERVICES

DocumentTypeDescription
Section 400.45SectionCreation, powers, duties, and composition of county family independence agency; powers and duties of family independence agency board; offices; salary and expenses; prohibition; appointment and oath of board members; appointment and qualifications of directors, employees, and assistants; evaluation of county director; availability of writings to public.
Section 400.46SectionCounty social services board; administration of powers and duties; appointment and terms of members; oath; vacancies; conducting business at public meeting; notice; quorum; meetings; chairperson; effect of failure to attend meetings; compensation and expenses; availability of writings to public.
Section 400.47SectionOrganization of district department of social welfare and medical relief; powers and duties vested in district social welfare board and medical advisory council; appointment, qualifications, and terms of members; applicability of references; chairperson; conducting business at public meeting; notice; availability of writings to public.
Section 400.48SectionOrganization of counties into single administrative unit; appointment of director.
Section 400.49SectionDirector of county or district board; employment; duties; assistants; requirements; compensation and expenses; supplementary salary.
Section 400.50SectionCounty employee; unauthorized transfer of public relief recipient, misdemeanor.
Section 400.51SectionCounty board; executive heads of institutions and assistants, appointment, compensation and expenses.
Section 400.52SectionCounty department; rules and regulations; review, copies, filing; audit of case records; withholding fund.
Section 400.53SectionCounty board; cooperation with state department.
Section 400.54SectionCounty board; prevention of social disabilities, restoration of individuals to self support.
Section 400.55SectionAdministration of public welfare program by county department.
Section 400.55aSectionGeneral assistance; eligibility of applicant; determination; failure of employable person to participate in approved project or to accept employment.
Section 400.55bSectionRepealed. 1983, Act 213, Imd. Eff. Nov. 11, 1983.
Section 400.55cSectionRepealed. 1995, Act 223, Eff. Mar. 28, 1996.
Section 400.56SectionRepealed. 1995, Act 223, Eff. Mar. 28, 1996.
Section 400.56a, 400.56bSectionRepealed. 1964, Act 3, Imd. Eff. Mar. 13, 1964.
Section 400.56c-400.56gSectionRepealed. 1995, Act 223, Eff. Mar. 28, 1996.
Section 400.56iSectionIndividuals having history of domestic violence; establishment and enforcement of standards and procedures; certification by governor; collection and compilation of data; annual report.
Section 400.57SectionDefinitions.
Section 400.57aSectionFamily independence program; establishment and administration; purpose; establishment of certain requirements by department; assistance to certain program groups prohibited; determination of financial eligibility.
Section 400.57bSectionFamily independence program assistance; eligibility requirements generally; requirements applicable to minor parent and minor parent's child; recipient applying for supplemental security income and seeking exemption from PATH program; evaluation and assessment process; contracts; audit; member of family independence program assistance group not meeting attendance requirements of MCL 380.1561; implementation of policy.
Section 400.57cSectionApplication for assistance by minor parent; duties of department.
Section 400.57dSectionConduct of weekly orientation sessions; development of family self-sufficiency plan; compliance required; penalties; reassessment of recipient's eligibility.
Section 400.57eSectionFamily self-sufficiency plan; execution; development; contents; identification of goals; monitoring compliance with plan.
Section 400.57fSectionAgreement with Michigan economic development corporation or successor entity; administration of PATH program; eligibility; exemptions; temporary exemption; disabled individual; rules; subsection (6) inapplicable after December 31, 2013; "PATH" program defined.
Section 400.57gSectionFailure to comply with plan; penalties; "noncompliance" defined; notice; good cause; period of time recipient ineligible; denial or termination of benefits; "good cause" defined.
Section 400.57hSectionRepealed. 2011, Act 131, Eff. Oct. 1, 2011.
Section 400.57iSectionRent vendoring program; certification by landlord that requirements met; violation of housing code; termination of participation; eviction prohibited; delinquency or nonpayment of property taxes.
Section 400.57kSectionRepealed. 2011, Act 131, Eff. Oct. 1, 2011.
Section 400.57lSectionFeasibility of substance abuse testing program; report.
Section 400.57oSectionRepealed. 2011, Act 131, Eff. Oct. 1, 2011.
Section 400.57pSectionCounting certain months toward cumulative total of 48 months; exclusion.
Section 400.57qSectionEarned income disregard.
Section 400.57rSectionFamily independence program assistance; limitation.
Section 400.57sSectionRepealed. 2015, Act 58, Eff. Oct. 1, 2015.
Section 400.57tSectionRepealed. 2011, Act 131, Eff. Oct. 1, 2011.
Section 400.57uSectionReports.
Section 400.57vSectionAutomatic teller machines located in casinos, casino enterprises, liquor stores, or adult entertainment establishments; blocking access to cash benefits from Michigan bridge cards; definitions.
Section 400.57ySectionSuspicion-based substance abuse screening and testing; pilot program; use of empirically validated substance abuse screening tool; requirement that applicant or recipient take substance abuse test; refusal; cost of administering test.
Section 400.57zSectionFirst positive test for use of controlled substance; referral to department-designated community mental health entity; second or subsequent positive test for use of controlled substance; applicant or recipient ineligible for assistance; time period for pilot program; report; age of applicant or recipient; definitions.
Section 400.58SectionCounty medical care facility; program of care and treatment; medical treatment and nursing care; special treatment; building; review of proposals and plans; inspection; enforcement.
Section 400.58aSectionCounty medical care facility; admittance.
Section 400.58bSectionCounty medical care facility; eligibility for care; state aid recipient; admission of patients; state and federal aid for capital expenditures; special tax.
Section 400.58cSectionCounty medical care facility; patients with contagious disease, isolation.
Section 400.59SectionApplications for aid, relief or assistance; forms, ascertainment of settlement, charge to county of domicile; temporary relief to persons with no settlement.
Section 400.59aSectionReturn of person to county of residence; deportation to another nation; expense; reimbursement from county of residence.
Section 400.59bSectionNotification of county of residence; denial of settlement, notice.
Section 400.59cSectionDomicile and legal settlement cases; appeal, determination by state department.
Section 400.59dSectionDomicile and legal settlement cases; appeal; insufficient evidence.
Section 400.59eSectionDomicile and legal settlement cases; notices, evidence, bills for aid; rules and regulations.
Section 400.59fSectionJoint plan for economic rehabilitation of aid recipient; removal from county of settlement.
Section 400.59gSectionJoint plan for economic rehabilitation of aid recipient; disagreement, appeal to director.
Section 400.60SectionFraudulent device to obtain relief; liability; misdemeanor; penalty; information to be provided by recipients.
Section 400.60aSectionProgram of computer data matching; development and implementation; report.
Section 400.61SectionViolations; penalties; cessation of payments during imprisonment.
Section 400.62SectionRelief or assistance; effect of amendment or repeal; no claim for compensation.
Section 400.63SectionAid, relief, or assistance; nonassignability; breach of lease agreement; conveyance of amount to judgment creditor; federal waiver; processing fee; biennial report; “recipient” defined.
Section 400.63aSectionContract awards to specific organizations.
Section 400.64SectionApplications and records considered public records; inspection; public access; restriction; uttering, publishing, or using names, addresses, or other information; confidentiality; alphabetical index file; inquiry as to name or amount of assistance; making available certain information to public utility or municipality; disclosure of information; violation; penalty; notice of assistance to deserted or abandoned child; documents, reports, or records from another agency or organization.
Section 400.65SectionHearings within county department; rules for procedure; review by board.
Section 400.66SectionFinality of decision as to relief or medical care; investigation by department.
Section 400.66aSectionHospitalization for recipient; rules of financial eligibility; reimbursement; “hospitalization” defined; filing agreement, statement, or schedule of charges; report of treatment; statement of expenses; charges for special nurses; expenses after discharge.
Section 400.66bSectionHospitalization; application; emergency care, intercounty payments; arbitration of payment disputes.
Section 400.66cSectionHospitalization; reimbursement of county expense.
Section 400.66dSectionFinality of determination of ineligibility for hospitalization.
Section 400.66eSectionReceipt of authorized patients by university hospital; duties of admitting officer; treatment; compensation; insurance; affidavit of expenses; report on condition of patient and expense incurred.
Section 400.66fSectionRepealed. 1971, Act 146, Imd. Eff. Nov. 12, 1971.
Section 400.66gSectionExpenses of medical or surgical treatment and hospital care of child; reimbursement of health care provider.
Section 400.66hSectionHospitalization; consent to surgical operation, medical treatment; first aid.
Section 400.66iSectionReimbursement of hospital and state; reimbursement principles; eligibility information as basis of reimbursement; county reimbursement rate; annual adjustment; nonresidents; rules of financial eligibility.
Section 400.66jSectionPatient care management system; establishment; certification; procedures; recertification; rates of reimbursement and length of hospital stay; contracts; report; system.
Section 400.66kSectionOffice; creation; purpose; duties; powers; appeals procedure.
Section 400.66lSectionGuidelines for referrals to substance abuse prevention services or substance abuse treatment and rehabilitation services.
Section 400.66mSectionInvoices for reimbursement.
Section 400.66nSectionAppropriations.
Section 400.67SectionRelief financed by federal funds; denial or revocation of application, appeal, hearing, investigation; decision.
Section 400.68SectionApplication by county board for state and federal moneys.
Section 400.68aSectionCounty of settlement; itemized statement of relief expense; items of undetermined value.
Section 400.69SectionEstimate of funds for social welfare; accounting as to receipts and expenditures; district department of social welfare.
Section 400.70SectionAppropriation for expenses by county board of supervisors.
Section 400.71SectionDistinction between township, city, and county poor; abolition.
Section 400.72SectionRepealed. 1968, Act 117, Imd. Eff. June 11, 1968.
Section 400.73SectionRepealed. 1975, Act 237, Eff. Jan. 1, 1976.
Section 400.73aSectionCounty treasurer as custodian of moneys; creation of social welfare fund; deposits; requirements; financial practices.
Section 400.74SectionChild care and social welfare funds; disbursement; bond; purchases made locally.
Section 400.75SectionCounty board of auditors; authority.
Section 400.76SectionLiability of relatives for support; action for reimbursement of county granting aid; duties of prosecuting attorney; reciprocal enforcement.
Section 400.77SectionReimbursement of county for welfare relief; relatives or estate; agreements; hospital care, exception; county employees; collection by counties.
Section 400.77aSectionOld age assistance, aid to dependent children, welfare relief; inconsequential earnings.
Section 400.77bSectionRepealed. 1973, Act 189, Imd. Eff. Jan. 8, 1974.
Section 400.78SectionGrants and gifts; acceptance by county board; use of funds; duty of prosecuting attorney.
Section 400.79SectionProsecuting attorney; duty to give counsel to board or director.
Section 400.80SectionCounty social welfare board; reports to state department.
Section 400.81SectionCounty board; seal; publication of rules and regulations; records and papers as evidence; body corporate, powers.
Section 400.82SectionCounty board; case examinations, witnesses, attendance and testimony; circuit court enforcement.
Section 400.83SectionObtaining information from financial institution, department of treasury, employment security commission, employer, or former employer; demand or subpoena; definition; computer data matching system; confidentiality.
Section 400.84SectionState department; jurisdiction over district and county departments, rules and regulations.
Section 400.85SectionCounty superintendents of poor; transfer of powers and duties to county department of social welfare.
Section 400.86SectionCounty departments; powers and duties transferred.
Section 400.87SectionVeterans' relief act not repealed.
Section 400.88SectionRepealed. 1957, Act 95, Eff. July 1, 1957.
Section 400.90SectionPolitical activity or use of position by officers and employes prohibited; penalty.
Section 400.100SectionRetirement system service credits; continuation by employees of city or county department when transferred to state department.
Section 400.101SectionDistribution of general relief funds; effective date; state civil service system, membership.
Section 400.102SectionNonduty disability retirement allowance or death benefits; eligibility, conditions.
Section 400.103SectionAgreements as to eligibility for supplementary benefits and medical assistance.
Section 400.105SectionProgram for medical assistance for medically indigent; establishment; administration; responsibility for determination of eligibility; delegation of authority; definitions.
Section 400.105aSectionWritten information setting forth eligibility requirements for participation in program of medical assistance; updating; copies.
Section 400.105bSectionMedical assistance recipients who practice positive health behaviors; creation of incentives; creation of pay-for-performance incentives for contracted Medicaid health maintenance organizations; establishment of preferred product and service formulary program for durable medical equipment; financial support for electronic health records; conflict with federal statute or regulation prohibited.
Section 400.105cSectionRepealed. 2023, Act 98, Imd. Eff. July 19, 2023.
Section 400.105dSectionMedical assistance program; approval; acceptance of Medicare rates by hospital as payments in full; enrollment plan; pharmaceutical benefit; financial incentives; performance bonus incentive pool; distribution of funds from performance bonus incentive pool; substance abuse disorders; availability of data to vendor; definitions.
Section 400.105eSectionAppropriations.
Section 400.105fSectionRepealed. 2023, Act 98, Imd. Eff. July 19, 2023.
Section 400.105gSectionRemote patient monitoring services; definition.
Section 400.105hSectionTelemedicine; eligibility; definitions.
Section 400.105iSectionMedicaid managed care organization; pharmacy benefit managers; contract requirements; implementation date.
Section 400.105jSectionPharmacy benefit manager; reimbursement; reporting requirements; confidentiality.
Section 400.106SectionMedically indigent individual; definitions; notice of legal action; requirements; violation; civil fine; recovery of expenses by the department or contracted health plan; priority against proceeds; release of claims; subrogation of interests.
Section 400.106aSection"Michigan freedom to work for individuals with disabilities law" as short title of section; medical assistance to individuals with earned income; establishment of program; limitation; permitted acts; premium; basis; sliding fee scale; revenue; limitation; waiver; definitions.
Section 400.106bSectionSuspension of medical assistance; conditions; inmate residing in public institution; redetermination of eligibility; reinstatement; limitation; applicability; defintions.
Section 400.107SectionMedically indigent; financial eligibility; income.
Section 400.107aSectionWorkforce engagement requirements; definitions.
Section 400.107bSectionWorkforce engagement requirements waiver; implementation; survey; compliance review.
Section 400.108SectionMedical or dental services to which medically indigent entitled; certification; services to eligible children.
Section 400.109SectionMedical services provided under act; notice and approval of proposed change in method or level of reimbursement; definitions.
Section 400.109aSectionAbortion as service provided with public funds to welfare recipient; prohibition; exception; policy.
Section 400.109bSectionModification of formula for indigent care volume price adjustor.
Section 400.109cSectionHome- or community-based services; eligibility; safeguards; written plan of care; available services; per capita expenditure; waiver; rules; report; changing plan of care; hearing; appeal; expansion of program; implementation of program by department of community health and office of services to the aging.
Section 400.109dSectionServices relating to performing abortions; prohibitions.
Section 400.109eSectionDefinitions; reimbursement for performance of abortion; prohibition; violation; penalty; enforcement; scope of section.
Section 400.109fSectionMedicaid-covered specialty services and supports; management and delivery; specialty prepaid health plans.
Section 400.109gSectionSpecialty services panel; creation; purpose; membership; qualifications; terms; vacancy; conflict of interest; advisory capacity; meetings.
Section 400.109hSectionPrior authorization for certain prescription drugs not required; drugs under contract between department and health maintenance organization; contracts with managed care organizations; definitions.
Section 400.109iSectionLocally or regionally based single point of entry agencies for long-term care.
Section 400.109jSectionDesignation of single point of entry agencies; limitation.
Section 400.109kSectionCompliance of certain community mental health services programs with MCL 330.1204 and 330.1205.
Section 400.109lSectionProcess for maximum allowable cost pricing reconsiderations; use by department of community health and contracted health plans; completion; notification to pharmacy.
Section 400.109mSectionIndividual as victim of human trafficking violation; medical assistance benefits; "human trafficking violation" defined.
Section 400.109nSectionBehavioral health treatment services: autism spectrum disorder; re-evaluation and eligibility requirements.
Section 400.110SectionMedical services for residents absent from state.
Section 400.110aSectionFunding; rural hospital access pool; limitations; definitions.
Section 400.111SectionResponsibility for proper handling of medical case; actions authorized to meet medical needs of recipient.
Section 400.111aSectionPolicy and procedures for implementation and enforcement of state and federal laws; consultation; guidelines; forms and instructions; “prudent buyer” defined; criteria for selection of providers; notice of change in policy, procedure, form, or instruction; power of director; informal conference; imposition of specific conditions and controls; notice; hearings; examination of claims; imposition of claims review process; books and records of provider; confidentiality; immunity from liability; prohibited payments or recovery for payments; making payments and collecting overpayments; development of specifications; estimated cost and charge information; notice to provider of incorrect payment.
Section 400.111bSectionRequirements as condition of participation by provider.
Section 400.111cSectionDuties of director in carrying out authority conferred by MCL 400.111a(7)(d).
Section 400.111dSectionParticipation as provider subject to denial, suspension, termination, or probation; actions of director; claims precluded; exceptions; consultations; hearing.
Section 400.111eSectionGrounds for action by director.
Section 400.111fSectionEmergency action; order; circumstances; extension of emergency action; “most recent 12-month period” defined; consultation with peer review advisory committees, professionals, or experts; order for summary suspension of payments; hearings; decision; meeting not required.
Section 400.111gSectionProsecution not collaterally estopped or barred by decision or order; hearing; decision.
Section 400.111hSectionApplicability of MCL 400.111a to 400.111g.
Section 400.111iSectionTimely claims processing and payment procedure; external review; report; definitions.
Section 400.111jSectionPrior authorization for medical services or equipment; request by provider; approval or rejection; request for additional information; time period limitations; exception; certain claims not subject to prior authorization; rules; reimbursement system; automated payment system; vendor payments; waiver of requirement for prior authorization; automated records; limitation of authorization; definitions.
Section 400.111kSectionLead screening on children enrolled in medicaid.
Section 400.111lSectionChildren participants in WIC program; lead testing required.
Section 400.111mSectionAudit of Medicaid cost reports filed by nursing facility; on-site audit; customer satisfaction survey; availability of documentation; auditor education; annual report.
Section 400.111nSectionEffective date of policy changes affecting Medicaid cost reports.
Section 400.112SectionMedical services; contract with private agencies as fiscal agents.
Section 400.112aSectionLiability for medicaid services; referral to department of treasury as state debt; claims against tax refund as secondary to claims for child support; “medicaid” defined.
Section 400.112bSectionDefinitions.
Section 400.112cSectionMichigan long-term care partnership program; establishment; purpose; eligibility; reciprocal agreements; consideration of assets; receipt of asset disregard; single point of entry agencies; notice of policy provisions; posting certain information.
Section 400.112dSectionRepealed. 2006, Act 674, Imd. Eff. Jan. 10, 2007.
Section 400.112eSectionRules.
Section 400.112e[1]SectionPayments not required; amounts constituting payment in full.
Section 400.112gSectionMichigan medicaid estate recovery program; establishment and operation by department of community health; development of voluntary estate preservation program; report; establishment of estate recovery program; waivers and approvals; duties of department; lien.
Section 400.112hSection"Estate" and "property" defined.
Section 400.112iSectionUse of revenue collected through Michigan Medicaid estate recovery activities; treatment of remaining balances.
Section 400.112jSectionRules; report.
Section 400.112kSectionApplicability of program to certain medical assistance recipients.
Section 400.113Section“Executive director” and “office” defined.
Section 400.114SectionOffice of children and youth services; creation as single purpose entity; duties of office; appointment, duties, and compensation of executive director; rules.
Section 400.115SectionServices to children and youth.
Section 400.115aSectionOffice of children and youth services; duties generally.
Section 400.115bSectionResponsibility for children committed by juvenile division of probate court or court of general criminal jurisdiction; children and youth services and programs; services, actions, and rules as to neglect, exploitation, abuse, cruelty to, or abandonment of children; adoption of nonresident children; investigation; parent fees; policy regarding investigations and foster care service; foster care maintenance payments.
Section 400.115cSectionPlacement of children in family homes; approval or disapproval; information; supervision.
Section 400.115dSectionPlan for establishment, maintenance, and operation of regional facilities to detain children.
Section 400.115eSectionDetention home; assumption of administration, operation, and facilities; agreement; state classified service.
Section 400.115fSectionDefinitions.
Section 400.115gSectionSupport subsidy; payment; requirements; determination of amount; maximum amount; form to be signed by adoptive parent; presentment of first offer by adoptive parent; acceptance or counteroffer by department; completion of certification process.
Section 400.115hSectionMedical subsidy; payment; requirements; prohibited payment; determination of amount; third party payments; waiver of subsection (3); time of request; payment for treatment of mental or emotional condition.
Section 400.115iSectionAdoption assistance agreement; redetermined adoption assistance agreement; medical subsidy agreement; copy; modification or discontinuance; legal status, rights, and responsibilities not affected; report.
Section 400.115jSectionAdoption assistance, medical subsidy, or redetermined adoption assistance; extension; continuation.
Section 400.115kSectionAppeal of determination; notice of rights of appeal.
Section 400.115lSectionChild with special needs; agreement for payment of nonrecurring adoption expenses; limitation; signature; filing claims; notice to potential claimants.
Section 400.115mSectionInformation describing adoption process and adoption assistance and medical subsidy programs; preparation; distribution; contents.
Section 400.115nSectionEscape of juvenile from facility or residence; notification; definitions.
Section 400.115oSectionResidential care bed space for juveniles; “appropriate juvenile residential care provider” defined.
Section 400.115pSectionLocal elected official or employee as advisor to juvenile facility; “elected official” and “juvenile facility” defined.
Section 400.115qSectionField investigation or home visit; training program; documentation of safety risk; completion with another department employee or law enforcement officer.
Section 400.115rSectionInterstate compact on adoption and medical assistance; citation of MCL 400.115r and 400.115s.
Section 400.115sSectionInterstate compacts; authorization; force and effect; contents.
Section 400.115tSectionRedetermined adoption assistance; request; requirements; hearing; effect of original agreement; determination; basis; adoption assistance agreement in place before January 1, 2015; limitation on number of requests; adoptee adopted from foster care between ages of 0 and 18 and finalized after January 1, 2015.
Section 400.116SectionDuties of department with respect to juvenile court probation staff; consultation and assistance services; plan for voluntary transfer of county juvenile court probation staff to department.
Section 400.117SectionRepealed. 1972, Act 301, Eff. Jan. 1, 1973.
Section 400.117aSectionDefinitions; juvenile justice funding system; rules; distribution of money for cost of juvenile justice services; reimbursement for costs; limitation; request for payment; offset, chargeback, or reimbursement liability; guidelines; reports; reporting system.
Section 400.117a.amendedSectionDefinitions; juvenile justice funding system; rules; distribution of money for cost of juvenile justice services; request for payment; offset, chargeback, or reimbursement liability; guidelines; reports; reporting system; county duties; rules; performance measures.
Section 400.117bSectionOffice of children and youth services; powers generally.
Section 400.117cSectionCounty treasurer as custodian of money; creation and maintenance of child care fund; deposits in fund; use of fund; separate account for fund; subaccounts; plan and budget for funding foster care services; records of juvenile justice services and expenditures; child care fund reimbursable claims; evidence of compliance with parameters; applicability of section to county juvenile agency.
Section 400.117dSectionRepealed. 2018, Act 21, Eff. May 15, 2018.
Section 400.117eSectionAnnual basic grant of state money; eligibility; use of basic grant; criteria and conditions for basic grant; money for early intervention to treat problems of delinquency and neglect.
Section 400.117fSectionJoint program for providing juvenile justice services.
Section 400.117gSectionCounty block grant; calculation; adjustment; deduction.
Section 400.117hSectionAppeal.
Section 400.117iSectionRaise the age fund; creation within state treasury; deposit of money or other assets; investment; money remaining at end of fiscal year; administrator; expenditures; report of expenditures; request for reimbursement.
Section 400.117k.addedSectionJuvenile justice residential per diem rate; adjustment.
Section 400.118SectionYouth advisory commission; creation; appointment, qualifications, terms, and compensation of members.
Section 400.119SectionYouth advisory commission; duties.
Section 400.119aSectionDepartments and agencies of executive branch of government; duties.
Section 400.119bSectionReport by office to governor and legislature; contents; review of effectiveness of office; report and recommendations.
Section 400.120, 400.121SectionRepealed. 1988, Act 75, Eff. June 1, 1991.
Section 400.122SectionRepealed. 1978, Act 87, Eff. Apr. 1, 1978.
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