Common use of Anti-Kickback Statute Clause in Contracts

Anti-Kickback Statute. Each party is responsible for compliance with all applicable laws, rules, regulations, or ordinances which may relate to its respective activities and responsibilities under this Agreement. The purpose of the Agreement is to enter into a commercially reasonable and fair market value arrangement. The parties in good faith believe that this Agreement fully complies with the provisions of 42 U.S.C. 1320a-7b (the Medicare/Medicaid “Anti-Kickback Statute”). Neither Saint Luke’s nor Company are, by virtue of this Agreement or otherwise, willfully offering, paying, soliciting, or receiving remuneration in return for referring an individual to or from each other for the furnishing of any item or service reimbursed under the Medicare or other federal or state health care programs. Pricing hereunder does not take into account the volume or value of any referrals or business otherwise generated between the parties for which payment may be made in whole or in part under Medicare or a state health care program. The parties shall comply with the reporting requirements of 42 C.F.R. §1001.952(h), regarding "safe harbor" protection for discounts under the Anti- Kickback Statute. Company represents and warrants that any discount or rebate provided to Saint Luke’s satisfies the requirements of the Anti-Kickback Statute Safe Harbor at 42 C.F.R. §1001.952(h); in no event shall Company offer or provide any discounts or rebates that involve the impermissible bundling of Products or the involve multiple Products where such Products are not reimbursable under the same Federal Healthcare Program using the same methodology. Company warrants that, if a rebate or discount involves multiple Products, that all of the Products provided are reimbursable under the same Federal Healthcare Program using the same methodology. Company shall disclose to Saint Luke’s on each invoice, or as otherwise agreed in writing, the amount of any discount or rebate relating to the Product. The statement shall inform Saint Luke’s in a clear and simple manner of the amount of the discount or rebate so as to enable Saint Luke’s to satisfy its obligations to report such discount or rebate to Medicare.

Anti-Kickback Statute. Each party is responsible for compliance with all applicable laws, rules, regulations, or ordinances which may relate to its respective activities and responsibilities under this Agreement. The purpose of the Agreement is to enter into a commercially reasonable and fair market value arrangement. The parties in good faith believe that this Agreement fully complies with the provisions of 42 U.S.C. 1320a-7b (the Medicare/Medicaid “Anti-Kickback Statute”). Neither Saint Luke’s nor Company are, by virtue of this Agreement or otherwise, willfully offering, paying, soliciting, or receiving remuneration in return for referring an individual to or from each other for the furnishing of any item or service reimbursed under the Medicare or other federal or state health care programs. Pricing hereunder does not take into account the volume or value of any referrals or business otherwise generated between the parties for which payment may be made in whole or in part under Medicare or a state health care program. The parties shall comply with the reporting requirements of 42 C.F.R. §1001.952(h), regarding "safe harbor" protection for discounts under the Anti- Kickback Statute. Company represents and warrants that any discount or rebate provided to Saint Luke’s satisfies the requirements of the Anti-Kickback Statute Safe Harbor at 42 C.F.R. §1001.952(h); in no event shall Company offer or provide any discounts or rebates that involve the impermissible bundling of Products Equipment or products or the involve multiple Products Equipment/products where such Products Equipment/products are not reimbursable under the same Federal Healthcare Program using the same methodology. Company warrants that, if a rebate or discount involves multiple ProductsEquipment/products, that all of the Products Equipment/products provided are reimbursable under the same Federal Healthcare Program using the same methodology. Company shall disclose to Saint Luke’s on each invoice, or as otherwise agreed in writing, the amount of any discount or rebate relating to the ProductEquipment. The statement shall inform Saint Luke’s in a clear and simple manner of the amount of the discount or rebate so as to enable Saint Luke’s to satisfy its obligations to report such discount or rebate to Medicare.