Fraud and Abuse and Self Referral. Neither Seller nor any Seller Subsidiary has engaged and, to the knowledge of Seller, neither Seller's officers and directors nor the Physician Employees or other Persons and entities providing professional services for or on behalf of Seller have engaged, in any activities which are prohibited under 42 U.S.C. Sections 1320a 7, 7a or 7b or 42 U.S.C. Section 1395nn (subject to the exceptions or safe harbor provisions set forth in such legislation), or the regulations promulgated thereunder or pursuant to similar state or local statutes or regulations, or which are prohibited by applicable rules of professional conduct.
Fraud and Abuse and Self Referral. Neither Seller nor any of the General Partners has engaged, and, to the best knowledge of Seller, no Persons and entities providing professional services for or on behalf of Seller have engaged, in any activities which are prohibited under 42 U.S.C. 1320a 7, 7a or 7b, or 42 U.S.C. 1395nn, or (subject to the exceptions or safe harbor provisions set forth in such legislation) the regulations promulgated thereunder or pursuant to any similar state or local statutes or regulations, or which are prohibited by applicable rules of professional conduct.
Fraud and Abuse and Self Referral. Neither the Company nor any Company Subsidiary has engaged and, to the knowledge of the Company, neither the Company's officers and directors nor the Physician Employees or other Persons and entities providing professional services for or on behalf of the Company have engaged, in any activities which are prohibited under 42 U.S.C. Sections 1320a 7, 7a or 7b or 42 U.S.C. Section 1395nn (subject to the exceptions or safe harbor provisions set forth in such legislation), or the regulations promulgated thereunder or pursuant to similar state or local statutes or regulations, or which are prohibited by applicable rules of professional conduct or 18 U.S.C. Sections 24, 287, 371, 664, 669, 1001, 1027, 1035, 1341, 1343, 1347, 1518, 1954, 1956(c)(7)(F) and 3486.
Fraud and Abuse and Self Referral. Neither Company, any Subsidiary, any Shareholder nor Person providing professional services for or on behalf of Company or any Subsidiary has engaged in any activities (i) which are prohibited under 42 U.S.C. Section 1320a 7, 7a or 7b, or 42 U.S.C. Section 1395nn, or (subject to the exceptions or safe harbor provisions set forth in such legislation) the regulations promulgated thereunder or pursuant to any similar state or local statutes or regulations, (ii) which violate any state or federal law governing health care fraud and abuse or prohibition on referral of patients to any Person in which a licensed professional has a financial or other form of interest occurring on before the Closing Date or any overpayment or obligation (or alleged overpayment or obligation) arising out of or resulting from claims submitted to any Payor on or before the Closing Date in violation of applicable law and for which Company or any Subsidiary received payment on or before the Closing Date (individually or collectively, "Healthcare Fraud"), or (iii) which are prohibited by applicable rules of professional conduct.
Fraud and Abuse and Self Referral. Neither San Antonio nor any Partnership Subsidiary has engaged and, to the knowledge of Seller and San Antonio, neither San Antonio's officers and partners nor other Persons and entities providing professional services for or on behalf of San Antonio have engaged, in any activities which are prohibited under 42 U.S.C. Section Section 1320a 7, 7a or 7b or 42 U.S.C. Section 1395nn (subject to the exceptions or safe harbor provisions set forth in such legislation), or the regulations promulgated thereunder or pursuant to similar state or local statutes or regulations, or which are prohibited by applicable rules of professional conduct or 18 U.S.C. Section Section 24, 287, 371, 664, 669, 1001, 1027, 1035, 1341, 1343, 1347, 1518, 1954, 1956(c)(7)(F) and 3486.
Fraud and Abuse and Self Referral. (i) Except as set forth on Schedule 3.27(a), none of the Company Entities nor any Person providing professional, billing, management, and/or marketing services to or on behalf of any of the Company Entities has engaged in any activities which are prohibited by any Legal Requirement, including, but not limited to, under 42 U.S.C. Sections 1320a-7b, 1320a-7, 42 U.S.C. Section 1395nn and 31 U.S.C. Section 3729 – 3733 (or any other federal or state statute related to the anti-kickback laws or false or fraudulent claims), or the regulations promulgated pursuant to such statutes, including, but not limited to, the following: (i) knowingly and willfully making or causing to be made a false statement or representation of a material fact in any application for any health care benefit or payment; (ii) making or causing to be made any false statement or representation of a material fact for use in determining rights to any health care benefit or payment; (iii) failing to disclose knowledge by a claimant of the occurrence of any event affecting the initial or continued right to any health care benefit or payment on its behalf or on behalf of another, with intent to secure such benefit or payment fraudulently; and (iv) knowingly and willfully soliciting, paying 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 Federal Health Care Programs (as defined in 42 U.S.C. Section 1320a-7b(f)), or (B) in return for purchasing, leasing, or ordering or arranging for or recommending purchasing, leasing, or ordering any good, facility, service, or item for which payment may be made in whole or in part by Federal Health Care Programs. Company and each Company Entity has complied with all disclosure requirements of all applicable self-referral laws, including without limitation the Sxxxx Law and any applicable state self-referral law.
(ii) All of the Company’s and, to the Knowledge of the Company, all of the Company Entities’ contracts with physicians or other healthcare providers or entities in which physicians or other healthcare providers are equity owners (collectively, “Healthcare Providers”) involving services, supplies, payments or any other type of remuneration, whether such s...
Fraud and Abuse and Self Referral. Neither South Texas nor any Partnership Subsidiary has engaged and, to the knowledge of Seller and South Texas, neither South Texas's officers and partners nor other Persons and entities providing professional services for or on behalf of South Texas have engaged, in any activities which are prohibited under 42 U.S.C. Sections 1320a 7, 7a or 7b or 42 U.S.C. Section 1395nn (subject to the exceptions or safe harbor provisions set forth in such legislation), or the regulations promulgated thereunder or pursuant to similar state or local statutes or regulations, or which are prohibited by applicable rules of professional conduct or 18 U.S.C. Sections 24, 287, 371, 664, 669, 1001, 1027, 1035, 1341, 1343, 1347, 1518, 1954, 1956(c)(7)(F) and 3486.
Fraud and Abuse and Self Referral. Neither Company nor any of the Shareholders has engaged, and, to the best knowledge of Company, no Persons or entities providing professional services for or on behalf of Company have engaged, in any activities which are prohibited under 42 U.S.C. 1320a 7, 7a or 7b, or 42 U.S.C. 1395nn, or (subject to the exceptions or safe harbor provisions set forth in such legislation) the regulations promulgated thereunder or pursuant to any similar state or local statutes or regulations, or which are prohibited by applicable rules of professional conduct.
Fraud and Abuse and Self Referral. Neither Lexington nor any Partnership Subsidiary has engaged and, to the knowledge of Seller and Lexington, neither Lexington's officers and partners nor other Persons and entities providing professional services for or on behalf of Lexington have engaged, in any activities which are prohibited under 42 U.S.C. Sections 1320a 7, 7a or 7b or 42 U.S.C. Section 1395nn (subject to the exceptions or safe harbor provisions set forth in such legislation), or the regulations promulgated thereunder or pursuant to similar state or local statutes or regulations, or which are prohibited by applicable rules of professional conduct or 18 U.S.C. Sections 24, 287, 371, 664, 669, 1001, 1027, 1035, 1341, 1343, 1347, 1518, 1954, 1956(c)(7)(F) and 3486.
