Compliance with Fraud and Abuse Laws. Without limiting any other provision of this Agreement, no Borrower Entity and no Provider is in violation of any Fraud and Abuse Law, the violation of which would have a Material Adverse Effect.
Compliance with Fraud and Abuse Laws. Neither Party has provided or received anything of value with the intent to induce referrals from or to the other Party. Notwithstanding any unanticipated effect of any of the provisions herein, neither Party shall intentionally conduct itself under the Terms of this Agreement in a manner to constitute a violation of the Medicare and Medicaid Fraud and Abuse Provisions (42 U.S.C. Sections 1395nn(b) and 1396h(b)), including the Medicare and Medicaid Anti-Fraud and Abuse Amendments of 1977 and the Medicare and Medicaid Patient and Program Protection Act of 1987 (42 U.S.C. Sections 1320a-7 et seq.) or any other applicable federal, state or local law, rule, or regulation.
Compliance with Fraud and Abuse Laws. Without limiting any other provision of this Agreement, no Consolidated Entity and no Provider is in violation of any Fraud and Abuse Law, the violation of which could have a Material Adverse Effect.
Compliance with Fraud and Abuse Laws. Neither Party has provided or received anything of value with the intent to induce referrals from or to the other Party. Notwithstanding any unanticipated effect of any of the provisions herein, neither Party shall intentionally conduct itself under the terms of these Terms in a manner to constitute a violation of the Medicare and Medicaid Fraud and Abuse Provisions (42 U.S.C. Sections 1395nn(b) and 1396h(b)), including the Medicare and Medicaid Anti-Fraud and Abuse Amendments of 1977 and the Medicare and Medicaid Patient and Program Protection Act of 1987 (42 U.S.C. Sections 1320a-7 et seq.) or any other applicable federal, state or local law, rule, or regulation. The parties agree that the execution of certain Use Cases may require the addition of certain flow down terms. In such case, the Parties agree to comply with the terms of such flow down terms in the applicable Use Case.
Compliance with Fraud and Abuse Laws. It is understood that neither Employer nor Employee intends to violate the federal Medicare and Medicaid Anti-Kickback Statute and/or the federal Physician Self-Referral Statute, or any other law, rule, or regulation applicable to this Agreement, as such laws, rules, or regulations are amended from time to time. Accordingly, nothing in this Agreement shall be interpreted to require any referral of patients by Employee, or any entity related to Employee to Employer, or any entity related to Employer. Furthermore Employer has no intent to influence the judgment of Employee regarding where Employee, or any entity related to Employee refers patients for any services. In the event any law is adopted or amended, any rule or regulation is promulgated or amended, any administrative ruling, interpretation, or pronouncement is made, or any judicial interpretation is issued which either party reasonably believes creates an unreasonable risk that this Agreement violates any applicable state or federal law, regulation, ruling, or order such party may request amendments or modifications to this Agreement which such party reasonably believes are necessary to avoid such violation, and, if this Agreement is not modified or amended in a mutually agreeable manner within thirty (30) days after such amendments or modifications are first proposed, either party may immediately terminate this Agreement.
Compliance with Fraud and Abuse Laws. Without limiting any other provision of this Agreement, (a) to the knowledge of the Responsible Officers of the Loan Parties, neither the Borrower nor any of its Subsidiaries, nor any of their respective existing officers, directors or employees is in violation of any applicable material provision of the Social Security Act and the regulations promulgated thereunder, HIPPA or any Fraud and Abuse Law, the violation of which would have a Material Adverse Effect and (b) to the knowledge of the Responsible Officers of the Loan Parties, no Provider is in violation of any applicable material provision of the Social Security Act and the regulations promulgated thereunder, HIPPA or any Fraud and Abuse Law, the violation of which would have a Material Adverse Effect.
Compliance with Fraud and Abuse Laws. Sponsor represents and warrants that neither it, nor any of its officers, directors, shareholders holding a fifty percent or greater equity interest in Sponsor, employees and agents: have been excluded from participation in any of the Government Health Programs of the Private Health Plans (an "Exclusion");
1. have been indicted for, convicted of or pled guilty or nolo contendere to any felony or misdemeanor related to the practice of a health care profession, the Fraud and Abuse Laws or controlled substances (a "Criminal Conviction");
2. have had a civil monetary penalty assessed against them (including monies paid through a settlement process) for presenting a false or fraudulent claim to any of the Government Health Programs (a "Civil Monetary Assessment"); or
3. are now or have ever been under investigation by any government agency for conduct which might result in any of the above (a "Government Investigation").
Compliance with Fraud and Abuse Laws. Sponsor represents and warrants that neither it, nor any of its officers, directors, shareholders holding a fifty percent or greater equity interest in Sponsor, employees and agents: (i) have been excluded from participation in any of the government health care programs, (ii) have been indicted for, convicted of or pled guilty or nolo contendere to any felony or misdemeanor related to the practice of a health care profession, the fraud and abuse laws or controlled substances laws, (iii) have had a civil monetary penalty assessed against them (including monies paid through a settlement process) for presenting a false or fraudulent claim to any government health care programs, or (iv) are now or have ever been under investigation by any government agency for conduct which might result in any of the above.
Compliance with Fraud and Abuse Laws. Without limiting any other provision of this Agreement, (a) no Consolidated Entity and no Provider is in violation of any Fraud and Abuse Law, the violation of which could have a Material Adverse Effect and (b) neither the Borrowers nor any Subsidiary, nor any of its stockholders, officers or directors have engaged on behalf of Borrower or any Subsidiary in any of the following: (i) knowingly and willfully making or causing to be made a false statement or representation of a material fact in any applications for any benefit or payment under the Medicare or Medicaid program; (ii) knowingly and willfully making or causing to be made any false statement or representation of a material fact for use in determining rights to any benefit or payment under the Medicare or Medicaid program; (iii) failing to disclose knowledge by a claimant of the occurrence of any event affecting the initial or continued right to any benefit or payment under the Medicare or Medicaid program on its own behalf or on behalf of another, with intent to secure such benefit or payment fraudulently; (iv) knowingly and willfully soliciting or receiving any remuneration (including any kickback, bribe or rebate), directly or indirectly, overtly or covertly, in cash or in kind or offering to pay such remuneration (a) in return for referring an individual to a Person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part by Medicare or Medicaid, or (b) in return for purchasing, leasing or ordering or arranging for or recommending the purchasing, leasing or ordering of any good, facility, service, or item for which payment may be made in whole or in part by Medicare or Medicaid. With respect to this Section, knowledge by a senior officer of the Borrowers or a Subsidiary of any of the events described in this Section shall not be imputed to the Borrowers or such Subsidiary unless such knowledge was obtained or learned by a senior officer in his or her official capacity as a senior officer of the Borrowers or such Subsidiary. No activity of the Borrowers or any Subsidiary shall be considered to be a breach of this Section, except in the case of a knowing and willful violation thereof, until the Borrowers or such Subsidiary has received notification, written or oral, by a Governmental Authority of competent jurisdiction as to any such violation.
Compliance with Fraud and Abuse Laws. 13.1. The parties expressly acknowledge and agree that the amount and nature of the items or service to be provided to Participant under this Agreement have not been determined in a manner that directly takes into account the volume or value of any referrals or business otherwise generated between the parties. The parties further acknowledge and agree that:
13.1.1. The Virtua HIE is a “Community-Wide Health Information System”;
13.1.2. The Virtua HIE is being made available as necessary to enable Participant to participate in a Community-Wide Health Information System;
13.1.3. Participant will use the Virtua HIE principally only as part of the Community- Wide Health Information System;
13.1.4. The Virtua HIE is being made available to all providers, practitioners and medical residents, of the community, who desire to participate, and otherwise agree to the terms and conditions of participation in the Virtua HIE. For purposes of this Section 13.1.5, “of the community” is defined as a collection of consumers of healthcare services (“consumers”) who are or have been customers of such providers, practitioners and medical residents and of Virtua’s businesses; and
13.1.5. Neither Party has provided or received anything of value with the intent to induce referrals from or to the other Party.
13.2. Notwithstanding any unanticipated effect of any of the provisions herein, neither party shall intentionally conduct itself under the terms of this Agreement in a manner to constitute a violation of the Medicare and Medicaid Fraud and Abuse Provisions (42 U.S.C. Sections 1395nn(b) and 1396h(b)), including the Medicare and Medicaid Anti-Fraud and Abuse Amendments of 1977 and the Medicare and Medicaid Patient and Program Protection Act of 1987 (42 U.S.C. Sections 1320a-7 et seq.) or any other applicable federal, state or local law, rule, or regulation.
