Fraud and Abuse. Neither Parent nor any of its Subsidiaries nor any of their respective officers or directors has, on behalf of Parent or any of its Subsidiaries, knowingly or willfully violated any Medicare Regulations or Medicaid Regulations in any case in any material respect, 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 applications for any benefit or payment; (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; (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 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 any Government Reimbursement Programs or other applicable third-party payers, 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 any Government Reimbursement Programs or other applicable third-party payers.
Appears in 4 contracts
Samples: Credit Agreement (Rural/Metro Corp /De/), Credit Agreement (Rural Metro Corp /De/), Credit Agreement (Rural/Metro Corp /De/)
Fraud and Abuse. Neither Parent nor any To the knowledge of its Subsidiaries the officers of the Consolidated Parties, neither the Consolidated Parties nor any of their respective officers officers, directors or directors hasContract Providers, on behalf of Parent or have engaged in any of its Subsidiaries, knowingly or willfully violated any activities which are prohibited under Medicare Regulations or Medicaid Regulations in any case in any material respector which are prohibited by binding rules of professional conduct, 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 applications for any benefit or payment; (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; (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 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 (Aa) 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 any Government Reimbursement Programs Medicare, Medicaid or other applicable third-third party payerspayors, or (Bb) in return for purchasing, leasing or ordering or arranging for or recommending the purchasing, leasing or ordering of any good, facility, service service, or item for which payment may be made in whole or in part by any Government Reimbursement Programs Medicare, Medicaid or other applicable third-third party payerspayors.
Appears in 4 contracts
Samples: Credit Agreement (Apria Healthcare Group Inc), Credit Agreement (Apria Healthcare Group Inc), Credit Agreement (Apria Healthcare Group Inc)
Fraud and Abuse. Neither Parent nor any None of its the Loan Parties, their respective Subsidiaries or Affiliates nor any of their respective officers or officers, directors hasor, on behalf to the knowledge of Parent or the Loan Parties, any of its SubsidiariesContract Provider, knowingly or willfully violated has engaged in any activities that are prohibited under any applicable Medicare Regulations or Medicaid Regulations in or that are prohibited by any case in any material respectapplicable rules of professional conduct (which failure to comply with such rules and regulations would reasonably be expected to have a Material Adverse Effect), including but not limited to the following, to the extent applicable: (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; (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; (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 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 of offering to pay such remuneration (Aa) 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, Medicaid or any Government Reimbursement Programs other state or other applicable third-party payersFederal health care program, or (Bb) 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, Medicaid or any Government Reimbursement Programs other state or other applicable third-party payersFederal health care program.
Appears in 2 contracts
Samples: Term Loan Agreement (Gilead Sciences Inc), Credit Agreement (Gilead Sciences Inc)
Fraud and Abuse. Neither Parent OHSI nor any of its Subsidiaries nor any of their respective officers or directors has, on behalf of Parent or any of its Subsidiaries, knowingly or willfully violated any Medicare Regulations or Medicaid Regulations Omega has engaged in any case in any material respectactivities which are prohibited under ss. 1320a-7b of Title 42 of the United States Code or the regulations promulgated thereunder, including or related state or local statutes or regulations, or which are prohibited by rules of professional conduct, including, but not limited to to, the following: (i) knowingly and willfully willingly making or causing to be made a false statement or representation of a material fact in any applications application for any benefit or payment; (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; (iii) failing any failure by a claimant to disclose knowledge by a claimant of the occurrence of any event affecting the initial or continued right to any benefit or payment on its own behalf or on behalf of another, with the intent to fraudulently secure such benefit or payment fraudulentlypayment; and (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 kind, or offering to pay or receive such remuneration (A) in return for referring an individual to a Person person for the furnishing or arranging for the furnishing furnishings of any item or service for which payment may be made in whole or in part by any Government Reimbursement Programs Medicare or other applicable third-party payersMedicaid, or (B) in return for purchasing, leasing or ordering or arranging for for, or recommending the recommending, purchasing, leasing lease or ordering of any good, facility, service or item for which payment may be made in whole or in part by any Government Reimbursement Programs Medicare or other applicable third-party payersMedicaid.
Appears in 2 contracts
Samples: Merger Agreement (Omega Health Systems Inc), Merger Agreement (Omega Health Systems Inc)
Fraud and Abuse. Neither Parent nor any of its Subsidiaries nor any of their respective officers or directors hasthe Hospitals nor, on behalf of Parent or any of its Subsidiariesto LSU’s Knowledge, knowingly or willfully violated any Medicare Regulations or Medicaid Regulations LSU Personnel have engaged in any case in activities that are prohibited under any material respectHealth Care Law, or the regulations promulgated thereunder pursuant to such statutes, or related state or local statutes or regulations, or which are prohibited by rules of professional conduct, 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 applications application for any benefit or payment; (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; (iii) failing to disclose knowledge by a claimant of the occurrence of knowingly and willingly concealing any event affecting the initial or continued right to receive any benefit or payment on its own behalf or on behalf of another, with intent to fraudulently secure such benefit or payment fraudulentlyin an amount or quantity greater than that which is due or which is authorized; or (iv) knowingly and willfully soliciting or receiving any remuneration (including any kickback, bribe bribe, or rebate), directly or indirectly, overtly or covertly, in cash or in kind or offering to pay or receive such remuneration remuneration: (A1) in return for referring an individual to a Person 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 any Government Reimbursement Programs Medicare or other applicable third-party payers, Medicaid; or (B2) in return for purchasing, leasing 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. LSU is not a party to any Government Reimbursement Programs Corporate Integrity Agreement or other applicable third-party payerssimilar settlement, compliance or oversight agreement with any Governmental Body relating to LSU’s services provided at the Hospitals.
Appears in 2 contracts
Samples: Cooperative Endeavor Agreement, Cooperative Endeavor Agreement
Fraud and Abuse. Neither Parent nor any of its Subsidiaries nor any of their respective officers or directors has, on behalf of Parent or any of its Subsidiaries, knowingly or willfully violated any Medicare Regulations or Medicaid Regulations party shall engage in any case activities which are prohibited by or are in violation of the rules, regulations, policies, contracts or laws pertaining to any material respectthird party and/or governmental payer program, or which are prohibited by rules of professional conduct ("Governmental Rules and Regulations"), including but not limited to the following: (i) :
i. knowingly and willfully making or causing to be made a false statement or representation of a material fact in any applications application for any benefit or payment; (;
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; (;
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 on its the Provider's own behalf or on behalf of another, with intent to fraudulently secure such benefit or payment fraudulentlypayment; (or
iv) . knowingly and willfully soliciting or receiving any remuneration (including any kickback, bribe bribe, or rebate), directly or indirectly, overtly or covertly, in cash or in kind or offering to pay or receive such remuneration (A) remuneration
1. in return for referring an individual to a Person 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 any Government Reimbursement Programs Medicare or other applicable third-party payersMedicaid, or (B) or
2. in return for purchasing, leasing leasing, or ordering or arranging for or recommending the purchasing, leasing leasing, or ordering of any good, facility, service or item for which payment may be made in whole or in part by any Government Reimbursement Programs Medicare or Medicaid. Each party acknowledges that this list is not an exhaustive or complete list of all governmental requirements and each party represents and warrants to the other applicable third-party payersthat each will endeavor, to the best of their knowledge, to educate, to seek information, and/or to make themselves aware of these governmental requirements.
Appears in 2 contracts
Samples: Electronic Health Record Information System and Billing Services Agreement, Electronic Health Record Information System and Billing Services Agreement
Fraud and Abuse. Neither Parent nor any of The Corporation and its Subsidiaries nor any of their respective officers or directors has, on behalf of Parent or any of its Subsidiaries, knowingly or willfully violated any Medicare Regulations or Medicaid Regulations physician employees have not engaged in any case in any material respectactivities which are prohibited under 42 U.S.C. Section 1320a-7b, or the regulations promulgated thereunder pursuant to such statutes, or related state or local statutes or regulations, or which are prohibited by rules of professional conduct, 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 applications application for any benefit or payment; ;
(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; ;
(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 on its own behalf or on behalf of another, with intent to fraudulently secure such benefit or payment fraudulentlypayment; and
(iv) knowingly and willfully soliciting or receiving any remuneration (including any kickback, bribe bribe, or rebate), directly or indirectly, overtly or covertly, in cash or in kind or offering to pay or receive such remuneration (A) in return for referring an individual to a Person person for the furnishing or arranging for the furnishing of or any item or service for which payment may be made in whole or in part by any Government Reimbursement Programs Medicare or other applicable third-party payersMedicaid, or (B) in return for purchasing, leasing leasing, or ordering or arranging for or recommending the purchasing, leasing leasing, or ordering of any good, facility, service or item for which payment may be made in whole or in part by any Government Reimbursement Programs Medicare or other applicable third-party payersMedicaid.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Seafield Capital Corp), Stock Purchase Agreement (Response Oncology Inc)
Fraud and Abuse. Neither Parent the Borrower nor any Guarantor nor, to the knowledge of Borrower's officers, any of its Subsidiaries nor any of their respective stockholders, officers or directors hasdirectors, on behalf of Parent or any of its SubsidiariesContract Provider, knowingly or willfully violated any Medicare Regulations or Medicaid Regulations have engaged in any case in any material respectactivities which are prohibited under federal Medicare and Medicaid statutes, 42 U.S.C. ss.1320a-7b, or the regulations promulgated pursuant to such statutes or related state or local statutes or regulations, or which are prohibited by binding rules or professional conduct, 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 applications for any benefit or payment; (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; (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 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 (Aa) 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 any Government Reimbursement Programs Medicare, Medicaid or other applicable third-third party payerspayors, or (Bb) in return for purchasing, leasing or ordering or arranging for or recommending the purchasing, leasing or ordering of any good, facility, service service, or item for which payment may be made in whole or in part by any Government Reimbursement Programs Medicare, Medicaid or other applicable third-third party payerspayors.
Appears in 2 contracts
Samples: Credit Agreement (Sheridan Healthcare Inc), Credit Agreement (Sheridan Healthcare Inc)
Fraud and Abuse. Neither Parent Except as set forth on Schedule 5.19, to the knowledge of the officers of the Loan Parties and each of their Restricted Subsidiaries, neither the Loan Parties nor any of its their Restricted Subsidiaries nor any of their respective officers officers, directors or directors has, on behalf of Parent or Contract Providers have engaged in any of its Subsidiaries, knowingly or willfully violated material respect in any activities which are prohibited under Medicare Regulations or Medicaid Regulations in any case in any material respector which are prohibited by binding rules of professional conduct, 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 applications for any benefit or payment; (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; (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 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 unlawful 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 any Government Reimbursement Programs Medicare, Medicaid or other applicable third-third party payerspayors, or (B) in return for purchasing, leasing or ordering or arranging for or recommending the purchasing, leasing or ordering of any good, facility, service service, or item for which payment may be made in whole or in part by any Government Reimbursement Programs Medicare, Medicaid or other applicable third-third party payerspayors.
Appears in 2 contracts
Samples: Credit Agreement (Apria Healthcare Group Inc), Credit Agreement (Ahny-Iv LLC)
Fraud and Abuse. Neither Parent nor To the knowledge of any of Responsible Officer, neither the Company and its Subsidiaries nor any of their respective officers or directors hasdirectors, on behalf of Parent or any of its Subsidiaries, knowingly or willfully violated any Medicare Regulations or Medicaid Regulations have engaged in any case in any material respectactivities which are prohibited under federal Medicare and Xxxxxxxx xxxxxxxx, 00 X.X.X. §0000x-0x, or 42 U.S.C. §1395nn or the regulations promulgated pursuant to such statutes or related state or local statutes or regulations, or which are prohibited by binding rules of professional conduct, including but not limited to the following: (ia) 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; (iib) 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; (iiic) failing to disclose knowledge by a claimant of the occurrence of any event affecting the initial or continued right to any benefit or payment on its own behalf or on behalf of another, another with the intent to secure such benefit or payment fraudulently; (ivd) 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 (Ai) 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 any Government Reimbursement Programs Medicare, Medicaid or other applicable third-third party payerspayors, or (Bii) in return for purchasing, leasing or ordering or arranging for or recommending the purchasing, leasing or ordering of any good, facility, service service, or item for which payment may be made in whole or in part by any Government Reimbursement Programs Medicare, Medicaid or other applicable third-third party payerspayors, except in each case for any such prohibited activity that could not reasonably be expected to result in a Material Adverse Effect.
Appears in 2 contracts
Samples: Credit Agreement (Orthofix International N V), Credit Agreement (Orthofix International N V)
Fraud and Abuse. Neither Parent the Company nor any of its Subsidiaries nor any of their respective officers or directors has, on behalf of Parent or any of its Subsidiaries, Subsidiary have engaged knowingly or and willfully violated any Medicare Regulations or Medicaid Regulations in any case in any material respectactivities which are prohibited under federal Medicare and Medicaid statutes, including but not limited to including, without limitation, 42 U.S.C. Section 1320a-7b and 42 U.S.C. Section 1395nn or related state or local statutes or regulations or which otherwise constitutes fraud, including, without limitation, the following: (ia) knowingly and willfully making or causing to be made a false statement or representation of a material fact in any applications application for any benefit or payment; (iib) 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; (iiic) knowingly and willfully failing to disclose knowledge by a claimant of the occurrence of any event affecting the initial or continued right to any benefit or payment on its own behalf or on behalf of another, with intent to secure such benefit or payment fraudulently; (ivd) knowingly and willfully soliciting or receiving any remuneration (including any kickback, bribe bribe, or rebate), directly or indirectly, overtly or covertly, in cash or in kind or offering to pay such remuneration (Ai) in return for referring an individual to a Person 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 any Government Reimbursement Programs Medicare or other applicable third-party payers, Medicaid or (Bii) in return for purchasing, leasing leasing, or ordering or arranging for or recommending the purchasing, leasing leasing, or ordering of any good, facility, service service, or item for which payment may be made in whole or in part by any Government Reimbursement Programs Medicare or other applicable third-party payersMedicaid.
Appears in 2 contracts
Samples: Merger Agreement (Spine Tech Inc), Merger Agreement (Spine Tech Inc)
Fraud and Abuse. Neither Parent nor To the knowledge of any of Responsible Officer, neither the Company and its Subsidiaries nor any of their respective officers or directors hasdirectors, on behalf of Parent or any of its Subsidiaries, knowingly or willfully violated any Medicare Regulations or Medicaid Regulations have engaged in any case in any material respectactivities which are prohibited under federal Medicare and Mxxxxxxx xxxxxxxx, 00 X.X.X. §0000x-0x, or 42 U.S.C. §1395nn or the regulations promulgated pursuant to such statutes or related state or local statutes or regulations, or which are prohibited by binding rules of professional conduct, including but not limited to the following: (ia) 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; (iib) 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; (iiic) failing to disclose knowledge by a claimant of the occurrence of any event affecting the initial or continued right to any benefit or payment on its own behalf or on behalf of another, another with the intent to secure such benefit or payment fraudulently; (ivd) 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 (Ai) 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 any Government Reimbursement Programs Medicare, Medicaid or other applicable third-third party payerspayors, or (Bii) in return for purchasing, leasing or ordering or arranging for or recommending the purchasing, leasing or ordering of any good, facility, service service, or item for which payment may be made in whole or in part by any Government Reimbursement Programs Medicare, Medicaid or other applicable third-third party payerspayors, except in each case for any such prohibited activity that could not reasonably be expected to result in a Material Adverse Effect.
Appears in 1 contract
Fraud and Abuse. Neither Parent nor any the Credit Parties nor, to the knowledge of its Subsidiaries nor the officers of the Credit Parties, any of their respective officers or directors hasdirectors, on behalf of Parent or any of its Subsidiaries, knowingly or willfully violated any Medicare Regulations or Medicaid Regulations have engaged in any case in any material respectactivities which are prohibited under federal Medicare and Xxxxxxxx xxxxxxxx, 00 X.X.X. §0000x-0x, or 42 U.S.C. §1395nn or the regulations promulgated pursuant to such statutes or related state or local statutes or regulations, or which are prohibited by binding rules of professional conduct, including but not limited to the following: (ia) 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; (iib) 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; (iiic) failing to disclose knowledge by a claimant of the occurrence of any event affecting the initial or continued right to any benefit or payment on its own behalf or on behalf of another, another with the intent to secure such benefit or payment fraudulently; (ivd) 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 (Ai) 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 any Government Reimbursement Programs Medicare, Medicaid or other applicable third-third party payerspayors, or (Bii) in return for purchasing, leasing or ordering or arranging for or recommending the purchasing, leasing or ordering of any good, facility, service service, or item for which payment may be made in whole or in part by any Government Reimbursement Programs Medicare, Medicaid or other applicable third-third party payerspayors.
Appears in 1 contract
Fraud and Abuse. Neither Parent OHSI nor any of its Subsidiaries nor any of their respective officers or directors has, on behalf of Parent or any of its Subsidiaries, knowingly or willfully violated any Medicare Regulations or Medicaid Regulations Omega has engaged in any case in any material respectactivities which are prohibited under (beta) 1320a-7b of Title 42 of the United States Code or the regulations promulgated thereunder, including or related state or local statutes or regulations, or which are prohibited by rules of professional conduct, including, but not limited to to, the following: (i) knowingly and willfully willingly making or causing to be made a false statement or representation of a material fact in any applications application for any benefit or payment; (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; (iii) failing any failure by a claimant to disclose knowledge by a claimant of the occurrence of any event affecting the initial or continued right to any benefit or payment on its own behalf or on behalf of another, with the intent to fraudulently secure such benefit or payment fraudulentlypayment; and (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 kind, or offering to pay or receive such remuneration (A) in return for referring an individual to a Person person for the furnishing or arranging for the furnishing furnishings of any item or service for which payment may be made in whole or in part by any Government Reimbursement Programs Medicare or other applicable third-party payersMedicaid, or (B) in return for purchasing, leasing or ordering or arranging for for, or recommending the recommending, purchasing, leasing lease or ordering of any good, facility, service or item for which payment may be made in whole or in part by any Government Reimbursement Programs Medicare or other applicable third-party payersMedicaid.
Appears in 1 contract
Fraud and Abuse. Neither Parent nor Except as would not reasonably be expected to result in a Material Adverse Effect or as set forth on Schedule 3.24, to the knowledge of Holdings and the Borrower, none of Holdings, the Borrower, any of its the Subsidiaries nor or any of the Managed Practices or any of their respective officers officers, directors or directors has, on behalf of Parent or any of its Subsidiaries, knowingly or willfully violated any Medicare Regulations or Medicaid Regulations Contract Providers has engaged in any case activities that are prohibited under the Government Programs in any material respectwhich they participate or that are prohibited by binding rules of professional conduct, including but not limited to the following: including, (i) knowingly and willfully wilfully making or causing to be made a false statement or representation a misrepresentation of a any material fact in any applications application for any benefit or payment; (ii) knowingly and willfully wilfully making or causing to be made any false statement or representation a misrepresentation of a any material fact for use in determining rights to any 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 benefit or payment on its own behalf or on behalf of another, with intent to secure such benefit or payment fraudulently; (iv) knowingly and willfully wilfully 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 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 any Government Reimbursement Programs Program in which they participate or other applicable third-party payerspayors, 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 any Government Reimbursement Programs Program in which they participate or other applicable third-party payerspayors.
Appears in 1 contract
Samples: Credit Agreement (Diagnostic Pathology Management Services Inc)
Fraud and Abuse. Neither Parent nor any the Credit Parties nor, to the knowledge of its Subsidiaries nor the officers of the Credit Parties, any of their respective officers or directors hasdirectors, on behalf of Parent or any of its Subsidiaries, knowingly or willfully violated any Medicare Regulations or Medicaid Regulations have engaged in any case in any material respectactivities which are prohibited under federal Medicare and Medicaid statutes, 42 U.S.C. ss.1320a-7b, or 42 U.S.C. ss.1395nn or the regulations promulgated pursuant to such statutes or related state or local statutes or regulations, or which are prohibited by binding rules of professional conduct, including but not limited to the following: (ia) 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; (iib) 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; (iiic) failing to disclose knowledge by a claimant of the occurrence of any event affecting the initial or continued right to any benefit or payment on its own behalf or on behalf of another, another with the intent to secure such benefit or payment fraudulently; (ivd) 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 (Ai) 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 any Government Reimbursement Programs Medicare, Medicaid or other applicable third-third party payerspayors, or (Bii) in return for purchasing, leasing or ordering or arranging for or recommending the purchasing, leasing or ordering of any good, facility, service service, or item for which payment may be made in whole or in part by any Government Reimbursement Programs Medicare, Medicaid or other applicable third-third party payerspayors.
Appears in 1 contract
Fraud and Abuse. Neither Parent nor Except as would not reasonably be expected to result in a Material Adverse Effect or as set forth on Schedule 3.24, to the knowledge of Holdings and the Borrower, none of Holdings, the Borrower, any of its the Subsidiaries nor or any of the Managed Practices or any of their respective officers officers, directors or directors has, on behalf of Parent or any of its Subsidiaries, knowingly or willfully violated any Medicare Regulations or Medicaid Regulations Contract Providers has engaged in any case activities that are prohibited under the Government Programs in any material respectwhich they participate or that are prohibited by binding rules of professional conduct, including but not limited to the following: including, (i) knowingly and willfully wilfully making or causing to be made a false statement or representation a misrepresentation of a any material fact in any applications application for any benefit or payment; (ii) knowingly and willfully wilfully making or causing to be made any false statement or representation a misrepresentation of a any material fact for use in determining rights to any 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 benefit or payment on its own behalf or on behalf of another, with intent to secure such benefit or payment fraudulently; (iv) knowingly and willfully wilfully soliciting or receiving any remuneration renumeration (including any kickback, bribe or rebate), directly or indirectly, overtly or covertly, in cash or in kind or offering to pay such remuneration renumeration (A) in return for referring an individual to a Person 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 any Government Reimbursement Programs Program in which they participate or other applicable third-party payerspayors, 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 any Government Reimbursement Programs Program in which they participate or other applicable third-party payerspayors.
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Fraud and Abuse. Neither Parent MCP nor any of its Subsidiaries nor any of their respective officers or directors has, on behalf of Parent or any of its Subsidiaries, knowingly or willfully violated any Medicare Regulations or Medicaid Regulations PQC has engaged in any case in any material respectactivities ---------------- which are prohibited under U.S.C. ss. 1320a-7b, or the regulations promulgated thereunder pursuant to such statutes, or related state or local statutes or regulations, or which are prohibited by rules of professional conduct, 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 applications application for any benefit or payment; (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; (iii) failing failure to disclose knowledge by a claimant of the occurrence of any event affecting the initial or continued right to any benefit or payment on its own behalf or on behalf of another, with intent to fraudulently secure such benefit or payment fraudulentlyof payment; and (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 or receive such remuneration (Aa) in return for referring an individual to a Person 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 any Government Reimbursement Programs Medicare or other applicable third-party payersMedicaid, or (Bb) in return for purchasing, leasing leasing, or ordering or arranging for or recommending the purchasing, leasing leasing, or ordering of any good, facility, service facility or item for which payment may be made in whole or in part by any Government Reimbursement Programs Medicare or other applicable third-party payersMedicaid.
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Fraud and Abuse. Neither Parent nor the Credit Parties nor, to the knowledge of the officers of the Credit Parties, any of its Subsidiaries nor any of their respective the officers or directors hasof the Credit Parties, on behalf of Parent or any of its Subsidiaries, knowingly or willfully violated any Medicare Regulations or Medicaid Regulations have engaged in any case in any material respectactivities which are prohibited under federal Medicare and Xxxxxxxx xxxxxxxx, 00 X.X.X. §0000x-0x, or 42 U.S.C. §1395nn or the regulations promulgated pursuant to such statutes or related state or local statutes or regulations, or which are prohibited by binding rules of professional conduct, including but not limited to the following: (ia) 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; (iib) 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; (iiic) failing to disclose knowledge by a claimant of the occurrence of any event affecting the initial or continued right to any benefit or payment on its own behalf or on behalf of another, another with the intent to secure such benefit or payment fraudulently; (ivd) 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 (Ai) 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 any Government Reimbursement Programs Medicare, Medicaid or other applicable third-third party payerspayors, or (Bii) in return for purchasing, leasing or ordering or arranging for or recommending the purchasing, leasing or ordering of any good, facility, service service, or item for which payment may be made in whole or in part by any Government Reimbursement Programs Medicare, Medicaid or other applicable third-third party payerspayors.
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