Exclusion from State and Federal Health Care Programs. Resident hereby represents and warrants that he/she is not and at no time has been excluded from participation in any federally funded health care programs, including Medicare and Medicaid. Resident hereby agrees to immediately notify Clinic if he/she is threatened to be or excluded from any federally funded health care program, including Medicare and Medicaid. In the event that Resident is excluded from participation in any federally funded health care program during the Term of this Agreement (as defined in Section 10.01, below), or if at any time during the Term of this Agreement it is determined that Resident is in breach of this requirement, this Agreement shall, as of the effective date of such exclusion or breach, automatically terminate.
Exclusion from State and Federal Health Care Programs. RESIDENT represents and warrants to HOSPITAL that RESIDENT and its agents and any subcontractors (collectively “Personnel”) are not: (i) listed on the System for Award Management website (“xxx.xxx”) with an active exclusion; or (ii) suspended or excluded from participation in any federal health care programs, as defined under 42.U.S.C. § 1320a- 7b(f), any form of state Medicaid program, and are not listed on the Office of the Inspector General’s website (“xxx.xxx.xxx”) (collectively, “Government Payor Programs”). RESIDENT also represents and warrants that to the best of its knowledge there are no pending or threatened governmental investigations that may lead to suspension or exclusion of RESIDENT or Personnel from Government Payor Programs or may be cause for listing on xxx.xxx or xxx.xxx.xxx (collectively, an “Investigation”). RESIDENT shall notify HOSPITAL of the commencement of any Investigation or suspension or exclusion from Government Payor Programs within three (3) business days of RESIDENT’s first learning of it. HOSPITAL shall have the right to immediately terminate this Agreement upon learning of any such Investigation, suspension or exclusion. HOSPITAL shall be timely kept apprised by RESIDENT of the status of any such Investigation. RESIDENT shall indemnify, defend, and hold HOSPITAL harmless from any claims, liabilities, fines, and expenses (including reasonable attorneys’ fees) incurred as a result of RESIDENT’s breach of this paragraph. SAMPLE
Exclusion from State and Federal Health Care Programs. GMS represents and warrants that: (a) (i) as of the Effective Date, GMS is not excluded from any State or Federal Health Care Programs or any form of state Medicaid program, (ii) after reasonable inquiry at the time of employment or engagement or if later the Effective Date, no GMS director, officer, employee or individual otherwise engaged by GMS or any Affiliate of GMS, including any independent contractor is (A) a “sanctioned person” under any federal or state health care program or Law, (B) listed in the current Cumulative Sanction List of the OIG for currently sanctioned or excluded individuals or entities, (C) listed on the General Services Administration’s List of Parties Excluded Individuals or Entities, (D) listed on the General Services Administration’s List of Parties Excluded from Federal Programs, or (E) convicted of a criminal offense related to health care; (b) GMS screens all its directors, officers, employees and any individual otherwise engaged by GMS or any Affiliate of GMS, including independent contractors, against the aforementioned lists at the time of hire or engagement, as applicable, and at least annually; (c) to GMS’ knowledge, as of the Effective Date, there are no pending or threatened governmental investigations that may lead to GMS being excluded from any State or Federal Health Care Programs or any form of state Medicaid program; and (d) as of the Effective Date, none of GMS’ Affiliates or Subcontractors is an “excluded provider” under any Federal Health Care Program. If any director, officer, employee or person otherwise engaged by GMS or any Affiliate of GMS, including any independent contractor, any GMS Affiliate or Subcontractor is found on any of the foregoing lists or are convicted of a criminal offense related to health care, they shall immediately stop performing Services and if located at a Service Recipient location, be removed immediately. If at any time during the Term (i) GMS, any of its Affiliates or Subcontractors is excluded from any State or Federal Health Care Program or any form of State Medicaid program, (ii) any director, officer, employee or person otherwise engaged by GMS or any Affiliate of GMS, including any independent contractor, any GMS Affiliate or Subcontractor is excluded from any State or Federal Health Care Program or any form of State Medicaid program, or (iii) any director, officer, employee or person otherwise engaged by GMS or any Affiliate of GMS, including any independent contractor, an...
Exclusion from State and Federal Health Care Programs. Client represents and warrants to GMS that as of the Effective Date: (a)(i) Client is not excluded from any State or Federal Health Care Programs or any form of State Medicaid program; (ii) after reasonable inquiry at the time of employment or engagement, no employee or contractor (excluding GMS and personnel engaged or provided by GMS) of Client receiving the Services under this Agreement is (A) a “sanctioned person” under any federal or state health care program or Law, (B) listed in the current Cumulative Sanction List of the OIG for currently sanctioned or excluded individuals or entities, (C) listed on the General Services Administration’s List of Parties Excluded Individuals or Entities, (D) listed on the General Services Administration’s List of Parties Excluded from Federal Programs, or (E) convicted of a criminal offense related to health care; and (b) Client screens all its employees and contractors (excluding GMS and personnel engaged or provided by GMS) against the aforementioned lists at the time of hire and at least annually. If at any time during the Term, (i) Client is excluded from a State or Federal Health Care Program or any form of State Medicaid program, (ii) an employee or contractor of Client (excluding GMS or personnel engaged or provided by GMS) is excluded from any State or Federal Health Care Program or any form of State Medicaid program, or (c) an employee or contractor of Client (excluding GMS or personnel engaged or provided by GMS) is listed on any of the aforementioned lists, Client shall immediately notify GMS.
Exclusion from State and Federal Health Care Programs. RESIDENT represents and warrants to HOSPITAL that RESIDENT and its agents and any subcontractors (collectively “Personnel”) are not: (i) listed on the System for Award Management website (“xxx.xxx”) (formerly known as the General Services Administration (“GSA”) Excluded Parties List System (“EPLS”)); or (ii) suspended or excluded from participation in any federal health care programs, as defined under 42.U.S.C. § 1320a-7b(f), any form of state Medicaid program, and are not listed on the Office of the Inspector General’s website (“xxx.xxx.xxx”) (collectively, “Government Payor Programs”). RESIDENT also represents and warrants that to the best of its knowledge there are no pending or threatened governmental investigations that may lead to suspension or exclusion of RESIDENT or Personnel from Government Payor Programs or may be cause for listing on xxx.xxx or xxx.xxx.xxx (collectively, an “Investigation”). RESIDENT shall notify HOSPITAL of the commencement of any Investigation or suspension or exclusion from Government Payor Programs within three
