Activities and Contractual Relationships. To the knowledge of the Company, neither the Company nor any Company Entity has engaged in any activity or contractual relationship or omitted to take required action, such as the filing or submission of any claim for reimbursement, report or other documentation (i) in violation of any applicable federal, state or local law, rule or regulation including the Federal False Claims Act (31 U.S.C. Section 3729 et seq.), the Federal Anti-Kickback Statute (42 U.S.C. Section 1320a-7b), the Xxxxx anti-referral amendments (Section 1877 of the Social Security Act; 42 U.S.C. Section 1395nn), the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104 191,110 Stat. 1936 (1996) (“HIPAA”) and the Health Information Technology for Economic and Clinical Health Act (“HITECH”), or, the Fraud and Abuse provisions of Section 1128B of the Social Security Act, or any directives, rules or regulations thereunder promulgated by the HHS or any Governmental Entity, or any comparable self-referral or fraud and abuse laws, directives and regulations promulgated by any other federal, state or local agency, or (ii) which has resulted, or would reasonably be expected to result, in the over utilization of health care services by patients or improper denial of health care services to patients.
Activities and Contractual Relationships. To the Knowledge of the Company, the Company has not engaged in any activity or contractual relationship, including the filing or submission or any claim for reimbursement, report or other documentation, in violation of 42 C.F.R. § 424.22(d), the False Claims Act (31 U.S.C. Section 3729), the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104 191,110 Stat. 1936 (1996), the Fraud and Abuse provisions of Section 1128B of the Social Security Act, the Medicare and Medicaid Patient and Program Protection Act of 1987 (42 U.S.C. Section 1320a 7b), Section 1877 of the Medicare Act (42 U.S.C. Section 1395nn) (the Xxxxx anti referral amendments), as amended, or any directives, rules or regulations thereunder promulgated by the U.S. Department of Health and Human Services, or any comparable rules and regulations promulgated by any other federal or state agency; or which results in the over utilization of health care services by patients or improper denial of health care services to patients.
Activities and Contractual Relationships. None of the NWMI Acquired Companies, their respective Affiliates, or any health care professional who is a shareholder of, member of, or to the Knowledge of the NWMI Sellers, any individual who is employed by or has independently contracted with any of the NWMI Acquired Companies or any of their Affiliates (collectively, “NWMI Health Care Professionals”) has engaged in any material activity or contractual relationship (including medical director or consulting agreements) or omitted to take material required action on behalf of any NWMI Acquired Company, such as the filing or submission of any claim for reimbursement, report or other documentation, in violation of any applicable federal, state or local law, rule or regulation, including the False Claims Act (31 U.S.C. Section 3729 et seq.), the CPAP Payment Prohibition (42 C.F.R. Section 424.57(f)), the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations at 45 C.F.R. Parts 160, 162 and 164, as amended by the Health Information Laws, the Civil Monetary Penalties Law, 42 U.S.C. §1320a-7a, any federal or state anti-kickback statutes, including but not limited to 42 U.S.C. 1320a-7b, federal or state self-referral laws, including but not limited to 42 U.S.C. §1395nn, or any directives, rules regulations, judgment, writ, injunction or decree of any court of any federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign, including without limitation, the U.S. Department of Health and Human Services, Medicare, any state Medicaid program, the CMS, Medicare or Medicaid carrier or fiscal intermediary or other government contractor administering federal or state health care programs, including without limitation, the NSC, NAS, CGS, NGS, or NHIC or any other Government Entity or any comparable self-referral or fraud and abuse laws, directives and regulations promulgated by any other federal, state or local agency, which such violation of, or non-compliance with, applicable Health Care Law is expressly understood to have, or have had, a Material Adverse Effect on the NWMI Acquired Companies. No NWMI Acquired Company, Affiliate thereof or any NWMI Health Care Professional acting on behalf of an NWMI Acquired Company has offered, given or received, directly or indirectly, any material economic benefit (including payments, rebates, discounts, commissions and promotional allowances) in violation of any self-ref...
Activities and Contractual Relationships. Neither the Company nor any Company Subsidiary has engaged in any activity or contractual relationship or omitted to take required action, such as the filing or submission of any claim for reimbursement, report or other documentation, in violation of any applicable federal, state or local law, rule or regulation including 42 C.F.R. § 424.22(d), the False Claims Act (31 U.S.C. Section 3729), the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104 191,110 Stat. 1936 (1996) (“HIPAA”), the Fraud and Abuse provisions of Section 1128B of the Social Security Act, the Medicare and Medicaid Patient and Program Protection Act of 1987 (42 U.S.C. Section 1320a-7b), Section 1877 of the Medicare Act (42 U.S.C. Section 1395nn) (the Xxxxx anti referral amendments), or any directives, rules or regulations thereunder promulgated by the U.S. Department of Health and Human Services or any Governmental Entity (e.g., CMS, OIG), or any comparable self-referral or fraud and abuse laws, directives and regulations promulgated by any other federal, state or local agency.
Activities and Contractual Relationships. To the knowledge of the Company, neither the Company nor any Company Subsidiary has engaged in any activity or contractual relationship or omitted to take required action, such as the filing or submission of any claim for reimbursement, report or other documentation, in violation of any applicable federal, state or local law, rule or regulation including 42 C.F.R. § 424.22(d), the False Claims Act (31 U.S.C. Section 3729), the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104 191,110 Stat. 1936 (1996), the Fraud and Abuse provisions of Section 1128B of the Social Security Act, the Medicare and Medicaid Patient and Program Protection Act of 1987 (42 U.S.C. Section 1320a 7b), Section 1877 of the Medicare Act (42 U.S.C. Section 1395nn) (the Xxxxx anti referral amendments), or any directives, rules or regulations thereunder promulgated by the U.S. Department of Health and Human Services or any governmental agency (e.g., CMS, OIG), or any comparable self-referral or fraud and abuse laws, directives and regulations promulgated by any other federal, state or local agency; or which results in the over utilization of health care services by patients or improper denial of health care services to patients.
Activities and Contractual Relationships. The Company has not engaged in any activity or contractual relationship, including the filing or submission or any claim for reimbursement, report or other documentation, in violation of 42 C.F.R. § 424.22(d), the False Claims Act (31 U.S.C. § 3729), the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104 191,110 Stat. 1936 (1996), the Fraud and Abuse provisions of Section 1128B of the Social Security Act, the Medicare and Medicaid Patient and Program Protection Act of 1987 (42 U.S.C. § 1320a 7b), Section 1877 of the Medicare Act (42 U.S.C. § 1395nn) (the Xxxxx anti referral amendments), as amended, or any directives, rules or regulations thereunder promulgated by the U.S. Department of Health and Human Services, or any comparable rules and regulations promulgated by any other federal or state agency; or which results in the over utilization of health care services by patients or improper denial of health care services to patients.
