Compliance with Healthcare Regulations. (i) Borrower is not subject to compliance with any Healthcare Regulations, including without limitation, the Federal Anti-Kickback Statute (42 U.S.C. ss. 1320a-7b), the False Claims Act (31 U.S.C. xx.xx. 3729 et seq.), the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191, 110 Stat. 1936 (1996)) and the federal physician self-referral laws (42 U.S.C. ss. 1395nn);
(ii) Borrower has obtained all necessary licenses and accreditations to operate its business as now conducted, and currently is in compliance with all statutory and regulatory requirements applicable to it, the failure of which would have a Material Adverse Effect upon Borrower; and
(iii) All persons providing professional health care services for or on behalf of Borrower (either as an employee or independent contractor) are appropriately licensed in every jurisdiction in which they hold themselves out as professional health care providers.
Compliance with Healthcare Regulations. (i) Borrower, Manager, and Operator have timely filed or shall cause to be timely filed, all cost reports and other reports of every kind whatsoever required by a Third-Party Payor Program, to have been filed or made with respect to the business operations of Borrower, Manager or Operator. Other than with respect to survey deficiencies, audits and recoupment claims occurring in the ordinary course of Borrower’s business which could not, individually or in the aggregate, reasonably be expected to result in a Material Adverse Effect, there are no claims, actions or appeals pending (and Borrower has not filed any claims or reports which should result in any such claims, actions or appeals) before any Government Authority pertaining to Borrower’s business operations, including, without limitation, any intermediary or carrier, the Provider Reimbursement Review Board or the Administrator of CMS, with respect to any state or federal Medicare or Medicaid cost reports or claims filed by Borrower, or any disallowance by any Government Authority in connection with any audit of such cost reports;
(ii) Borrower, Manager, and Operator have obtained all necessary accreditations to operate its business as now conducted, and currently is in compliance with all statutory and regulatory requirements applicable to it, the failure of which would have a Material Adverse Effect upon Borrower, Manager or Operator;
(iii) Each of Borrower, Manager or Operator is currently or has in the past been subject to: (1) any state or local governmental investigation, inspection or inquiry related to any license or licensure standards applicable to Borrower, Manager or Operator that would reasonably likely result in a loss of licensure, decertification of such Healthcare Facility from participation in Medicare and Medicaid or any other restriction or limitation in scope of such license; (2) any federal, state, local governmental or private payor civil or criminal investigations, inquiries or audits involving and/or related to any federal, state or private payor healthcare fraud and abuse provisions or contractual prohibition of healthcare fraud and abuse; or (3) any federal, state or private payor inquiry, investigation, inspection or audit regarding Borrower, Manager or Operator or their activities, including, without limitation, any federal, state or private payor inquiry or investigation of any Person having “ownership, financial or control interest” in Borrower, Manager or Operator (as th...
Compliance with Healthcare Regulations. (i) Borrower is not subject to compliance with any Healthcare Regulations, including without limitation, the Federal Anti-Kickback Statute (42 U.S.C. § 1320a-7b), the False Claims Act (31 U.S.C. §§ 3729 et seq.), the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191, 110 Stat. 1936 (1996)) and the federal physician self-referral laws (42 U.S.C. § 1395nn);
(ii) Borrower has obtained all necessary licenses and accreditations to operate its business as now conducted, and currently is in compliance with all statutory and regulatory requirements applicable to it, the failure of which would have a Material Adverse Effect upon Borrower; and
(iii) All persons providing professional health care services for or on behalf of Borrower (either as an employee or independent contractor) are appropriately licensed in every jurisdiction in which they hold themselves out as professional health care providers.
Compliance with Healthcare Regulations. Except as disclosed on Schedule 4.10, the Seller has timely filed all requisite cost reports, claims and other reports required to be filed in connection with all state and Federal Medicare and Medicaid programs due on or before the date hereof, all of which to the Seller's knowledge, are complete and correct. True and correct copies of all such reports for the most recent fiscal years of the Seller have been furnished to Buyer on or before the date hereof. Except as specifically described on Schedule 4.10, there are no claims, actions, appeals, reviews or audits pending before any commission, board or agency (including, without limitation, any intermediary or carrier, the Provider Reimbursement Review Board or the Administrator of the Health Care Financing Administration) with respect to any state or Federal Medicare or Medicaid cost reports or claims filed by the Seller on or before the date hereof, or any pending disallowances by any commission, board or agency in connection with any audit of such cost reports, which could adversely or materially affect any of the Purchased Assets, the operation or the utility thereof, or the consummation of the transactions contemplated hereby, and Seller has attached to Schedule 4.10 true and correct copies of any such claims, actions or appeals.
Compliance with Healthcare Regulations. The Facilities -------------------------------------- currently are licensed for 795 beds by the Commonwealth of Massachusetts. To Seller's Knowledge, each Facility is fully licensed by the Commonwealth of Massachusetts and is in good standing as a healthcare provider under the Medicare program as administered by the federal government and the Medicaid program as administered by the Commonwealth of Massachusetts. To Seller's Knowledge, the Medicare and Medicaid reports for the last three calendar years and the current portion of this calendar year are true and correct in all material respects.
Compliance with Healthcare Regulations. Except as described in the Offering Memorandum, each of the Company and its subsidiaries possesses such permits, licenses, provider numbers, certificates, approvals (including, without limitation, certificate of need approvals), consents, orders, certifications (including, without limitation, certification under the Medicare and Medicaid programs), accreditations (including, without limitation, accreditation by the Joint Commission on the Accreditation of Healthcare Organizations) and other authorizations (collectively, “Licenses”) issued by, and have made all declarations and filings with, the appropriate federal, state, local or foreign regulatory agencies or bodies necessary to conduct its business as now being conducted and as described in the Offering Memorandum (including, without limitation, Licenses as are required (i) under such federal and state healthcare laws as are applicable to the Company and its subsidiaries and (ii) with respect to those facilities operated by the Company and its subsidiaries that participate in the Medicare and or Medicaid programs, to receive reimbursement thereunder), except where the failure to possess such Licenses or to make such declarations and filings would not, individually or in the aggregate, be reasonably likely to result in a Material Adverse Change; except as described in the Offering Memorandum, the Company and its subsidiaries are in compliance with the terms and conditions of all such Licenses, except where the failure so to comply would not, individually or in the aggregate, be reasonably likely to result in a Material Adverse Change; and except as described in the Offering Memorandum, none of the Company or its subsidiaries has received any notice of proceedings relating to the revocation or modification of any such Licenses which, singly or in the aggregate, if the subject of an unfavorable decision, ruling or finding, would be reasonably likely to result in a Material Adverse Change.
