CERTAIN ADDITIONAL REGULATORY MATTERS. Neither the Company nor any Subsidiary, nor the officers, directors or managing employees, as that term is defined in 42 C.F.R. Section 1001.1001(a)(1), nor to the Knowledge of the Company or any Subsidiary, the other employees or agents, of any of the Company or any Subsidiary have engaged in any activities which are prohibited under criminal law, or are cause for civil penalties or mandatory or permissive exclusion from Medicare or Medicaid, or any other State Health Care Program or Federal Health Care Program (as defined in Section 4.35 below) under Sections 1320a-7, 1320a-7a, 1320a-7b or 1395nn of Title 42 of the United States Code, the federal Civilian Health and Medical Plan of the Uniformed Services statute ("CHAMPUS"), or the regulations promulgated pursuant to such statutes or regulations or related state or local statutes or which are prohibited by any private accrediting organization from which the Company or any of its Subsidiaries seeks accreditation or by generally recognized professional standards of care or conduct, including, but not limited to, the following activities:
CERTAIN ADDITIONAL REGULATORY MATTERS. ...46 3.26 Medicare/Medicaid Participation......................................................................47 3.27
CERTAIN ADDITIONAL REGULATORY MATTERS. (a) None of the Sellers, the Entities or any officer, director or managing employee of the Sellers or the Entities (within the meaning of 42 U.S.C. (Section 1320a-5(b)) have engaged in any activities which constitute violations of, or are cause for imposition of civil penalties upon any Entity or mandatory or permissive exclusion of any Entity from Medicare or Medicaid, under (S) 1320a-7, 1320a-7a, 1320a-7b, or 1395nn of Title 42 of the United States Code, the federal Civilian Health and Medical Plan of the Uniformed Services statute ("CHAMPUS"), or the regulations promulgated pursuant to such statutes or regulations or related state or local statutes or which constitute violations of or deficiencies under the standards of any private accrediting organization from which any Entity is accredited or seeks accreditation, including the following activities:
CERTAIN ADDITIONAL REGULATORY MATTERS. 25 3.26 Medicare/Medicaid Participation; Accreditation......... 26
CERTAIN ADDITIONAL REGULATORY MATTERS. Neither the Company nor any Affiliate, nor the officers, directors, employees or agents of any of the Company or any Affiliate, and none of the Persons who provide professional services under agreements with any of the Company or any Affiliate as agents of such entities have engaged in any activities which are prohibited, or are cause for civil penalties or mandatory or permissive exclusion from Medicare or Medicaid, under Sections 1320a-7, 1320a-7a, 1320a-7b, or 1395nn of Title 42 of the United States Code, the federal Civilian Health and Medical Plan of the Uniformed Services statute ("CHAMPUS"), or the regulations promulgated pursuant to such statutes or regulations or related state or local statutes or which are prohibited by any private accrediting organization from which the Company or any of its Affiliates seeks accreditation or by generally recognized professional standards of care or conduct, including but not limited to the following activities:
CERTAIN ADDITIONAL REGULATORY MATTERS. (a) Except where such activities have not had and will not have a PMR Material Adverse Effect, neither PMR, the PMR Subsidiaries, nor any officer, director or managing employee of such Person (within the meaning of 42 U.S.C. (Section 1320a-5(b)) has engaged in any activities which constitute violations of, or are cause for imposition of civil penalties upon PMR or the PMR Subsidiaries or mandatory or permissive exclusion of such Persons from Medicare or Medicaid, under Sections 1320a-7, 1320a-7a, 1320a-7b, or 1395nn of Title 42 of the United States Code, TRICARE, any other state or federal health care program, or the regulations promulgated pursuant to such statutes or regulations or related state or local statutes or which constitute violations of or deficiencies under the standards of any private accrediting organization from which PMR or any of the PMR Subsidiaries is accredited or seeks accreditation, including the following activities:
CERTAIN ADDITIONAL REGULATORY MATTERS. Except where a matter has not had a Material Adverse Effect that has not been cured or where a Material Adverse Effect would not reasonably be expected to occur, none of (x) the Operating Entities, or, the officers, directors, or employees or agents of the Operating Entities, (y) to the Knowledge of Sellers (for this purpose, without independent investigation or inquiry), any of the persons having a direct or indirect ownership interest in any of the Operating Entities within the meaning of Section 1320a-7(b)(8) of Title 42 of the United States Code or (z) to the Knowledge of Sellers (for this purpose, without independent investigation or inquiry), any of the persons who provide professional services under agreements with any of the Operating Entities as agents of such entities, have engaged in any activities which constitute violations of, or are cause for imposition of civil penalties upon any of the Operating Entities or mandatory or permissive exclusion of any of the Operating Entities from Medicare or Medicaid, under Sections 1320a-7, 1320a-7a, 1320a-7b, or 1395nn of Title 42 of the United States Code, the federal Civilian Health and Medical Plan of the Uniformed Services statute ("CHAMPUS"), or the regulations promulgated pursuant to such statutes or regulations or related state or local statutes including the following activities:
CERTAIN ADDITIONAL REGULATORY MATTERS. 38 4.35 Medicare/Medicaid Participation.. . . . . . . . . . . . . . . . . 39 4.36 Compliance with Medicare/Medicaid and Insurance Programs. . . . . 40 ARTICLE V
CERTAIN ADDITIONAL REGULATORY MATTERS. (a) None of MDI, any Subsidiary of MDI, any Affiliate of MDI or any Subsidiary of MDI or the officers, directors, or employees or agents of MDI, any Subsidiary of MDI, any Affiliate of MDI or any Subsidiary of MDI (or Person having a direct or indirect ownership interest in MDI or any MDI Subsidiary within the meaning of 42 U.S. Section (S)1320a-7(b)(8)), and none of the Persons who provide professional services under Agreements with MDI or any Subsidiary of MDI or any Affiliate of MDI or any Subsidiary of MDI as agents of MDI or any Subsidiary of MDI, to the knowledge of each such Person, have engaged in any activities which constitute violations of, or are cause for imposition of civil penalties upon MDI or any Subsidiary of MDI for mandatory or permissive exclusion of MDI or any Subsidiary of MDI from Medicare or Medicaid, under (S) 1320a-7, 1320a-7b, or 1395m of Title 42 of the United States Code, the Federal Civilian Health and Medical Plan of the Uniformed Services state ("CHAMPUS"), or the regulations promulgated pursuant to such -20- statutes or regulations or related state or local statutes or which constitute violations of or deficiencies under the standards of any private accrediting organization from which MDI or any Subsidiary of MDI is accredited or seeks accreditation:
CERTAIN ADDITIONAL REGULATORY MATTERS. 20 3.23 MEDICARE/MEDICAID PARTICIPATION ACCREDITATION..........................................................21 3.24
