Exclusion Screening and Related Requirements. Downstream Entity represents and warrants (1) that it is not itself excluded, and (2) does not (and shall not) employ or procure the services of any individual or entity that is excluded under the U.S. Department of Health and Human Services Office of Inspector General’s List of Excluded Individuals/Entities, the General Services Administration (“GSA”) exclusion list (the “GSA List”) or is otherwise excluded from participation in any Federal health care program (as such term is defined in 42 U.S.C. § 1320a-7b(f)), or debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency (an “Excluded Individual”). Downstream Entity shall, upon request, periodically attest to the same. Upon learning that the name of any employee, contractor, agent, board of directors member or major stockholder of Downstream Entity or any Other Downstream Entity appears on the OIG, GSA or other exclusion lists (together, “Exclusion Lists”), Downstream Entity shall (a) promptly notify Delegate of such occurrence, and (b) take immediate steps to remove such person from direct or indirect responsibility for, or involvement in, services provided to pursuant to this Medicare Advantage Addendum. For purposes of this Medicare Advantage Addendum, a “major stockholder” shall mean an individual or entity that has a direct or indirect ownership or control interest of five percent or more in an entity. Downstream Entity shall review the relevant Exclusion Lists (and cause Other Downstream Entities to review such Exclusion Lists) prior to contracting, and on a monthly oasis thereafter, to ensure that neither it, nor any Other Downstream Entity, or their respective employees, contractor, agent, board of directors member or major stockholders, is an Excluded individual, Downstream Entity agrees that it is bound by the terms of C.F.R. 376, relating to non-procurement, debarment and suspension and shall require that Other Downstream Entities agree to the same. CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY [*], HAS BEEN OMITTED BECAUSE IT IS NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO AUGMEDIX, INC. IF PUBLICLY DISCLOSED.
Exclusion Screening and Related Requirements. Provider shall not employ or contract with, and shall ensure that its Downstream Entities do not employ or contract with, individuals or entities that are excluded under the HHS Office of Inspector General’s List of Excluded Individuals/Entities (“OIG List”) or otherwise excluded from participation in Medicare or other Federal health care programs, or are debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency (“Excluded Individuals”). Provider shall, and shall cause its Downstream Entities to: (a) review the OIG List and the U.S. General Services Administration’s Excluded Parties List System prior to the initial hiring of any employee or the engagement of any Downstream Entity to furnish services to Company’s Medicare Program, and monthly thereafter, to ensure compliance with this paragraph; (b) provide documentation, upon written request by Company, of such Exclusion Screening and related requirements; (c) promptly notify Company upon discovering that it, or any of its employees or Downstream Entities, has furnished Medicare program related services to Company under the Agreement as or through an Excluded Individual or that a person or entity furnishing Services under the Agreement has been convicted of a criminal felony that could serve as the basis of Federal health care program exclusion; and (d) promptly remove an Excluded Individual from any work related, directly or indirectly, to Services furnished under the Agreement and use commercially reasonable efforts to take other appropriate corrective action reasonably requested by Company based on the above notification.
