Common use of Fraud and Abuse Clause in Contracts

Fraud and Abuse. To the knowledge of the officers of the Consolidated Parties, neither the Consolidated Parties nor any of their officers, directors or Contract Providers, have engaged in any activities which are prohibited under Medicare Regulations or Medicaid Regulations or 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 (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 Medicare, Medicaid or other applicable third party payors, 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 Medicare, Medicaid or other applicable third party payors.

Fraud and Abuse. To the knowledge Neither Parent nor any of the officers of the Consolidated Parties, neither the Consolidated Parties its Subsidiaries nor any of their officersrespective officers or directors has, directors on behalf of Parent or Contract Providersany of its Subsidiaries, have engaged in knowingly or willfully violated any activities which are prohibited under Medicare Regulations or Medicaid Regulations or which are prohibited by binding rules of professional conductin 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 (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 any Government Reimbursement Programs or other applicable third third-party payorspayers, 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 Medicare, Medicaid any Government Reimbursement Programs or other applicable third third-party payorspayers.

Fraud and Abuse. To Response and persons and entities providing professional services for Response, have not, to the knowledge of the officers of the Consolidated PartiesResponse, neither the Consolidated Parties nor any of their officersafter due inquiry, directors or Contract Providers, have engaged in any activities which are prohibited under Medicare Regulations by or Medicaid Regulations are in violation of the rules, regulations, policies, contracts or laws pertaining to any Third Party Payor Program, or which are prohibited by binding rules of professional conductconduct ("Governmental Rules and Regulations"), 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 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) 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 Response's own behalf or on behalf of another, with intent to fraudulently secure such benefit or payment fraudulentlypayment; or (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 or receive such remuneration (ai) 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 Medicare, Medicaid Medicare or other applicable third party payorsMedicaid, 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 Medicare, Medicaid Medicare or other applicable third party payorsMedicaid.

Fraud and Abuse. To the knowledge of the officers of the Consolidated Partiesany Responsible Officer, neither the Consolidated Parties Company and its Subsidiaries nor any of their officers, directors officers or Contract Providersdirectors, have engaged in any activities which are prohibited under federal Medicare Regulations and Xxxxxxxx xxxxxxxx, 00 X.X.X. §0000x-0x, or Medicaid Regulations 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 Medicare, Medicaid or other applicable third party payors, or (bii) 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 other applicable third party payors, except in each case for any such prohibited activity that could not reasonably be expected to result in a Material Adverse Effect.

Fraud and Abuse. To the knowledge of the officers of the Consolidated Parties, neither the Consolidated Parties Neither OHSI nor any of their officers, directors or Contract Providers, have Omega has engaged in any activities which are prohibited under Medicare Regulations ss. 1320a-7b of Title 42 of the United States Code or Medicaid Regulations the regulations promulgated thereunder, or related state or local statutes or regulations, or which are prohibited by binding rules of professional conduct, including 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 (aA) 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 Medicare, Medicaid Medicare or other applicable third party payorsMedicaid, or (bB) 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, service or item for which payment may be made in whole or in part by Medicare, Medicaid Medicare or other applicable third party payorsMedicaid.

Fraud and Abuse. To None of the Loan Parties, their respective Subsidiaries or Affiliates nor any of their respective officers, directors or, to the knowledge of the officers of the Consolidated Loan Parties, neither the Consolidated Parties nor any of their officersContract Provider, directors or Contract Providers, have has engaged in any activities which that are prohibited under any applicable Medicare Regulations or Medicaid Regulations or which that are prohibited by binding any applicable rules of professional conductconduct (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 (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 Medicare, Medicaid or any other applicable third party payorsstate or Federal health care program, 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 Medicare, Medicaid or any other applicable third party payorsstate or Federal health care program.

Fraud and Abuse. To Neither the Credit Parties nor, to the knowledge of the officers of the Consolidated Credit Parties, neither the Consolidated Parties nor any of their officers, directors officers or Contract Providersdirectors, have engaged in any activities which are prohibited under federal Medicare Regulations and Medicaid statutes, 42 U.S.C. ss.1320a-7b, or Medicaid Regulations 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 Medicare, Medicaid or other applicable third party payors, or (bii) 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 other applicable third party payors.

Fraud and Abuse. To Neither the Borrower nor any Guarantor nor, to the knowledge of the officers of the Consolidated PartiesBorrower's officers, neither the Consolidated Parties nor any of their officersits stockholders, directors officers or directors, or any Contract ProvidersProvider, have engaged in any activities which are prohibited under federal Medicare Regulations and Medicaid statutes, 42 U.S.C. ss.1320a-7b, or Medicaid Regulations the regulations promulgated pursuant to such statutes or related state or local statutes or regulations, or which are prohibited by binding rules of 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 (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 Medicare, Medicaid or other applicable third party payors, 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 Medicare, Medicaid or other applicable third party payors.

Fraud and Abuse. To Except as would not reasonably be expected to constitute a Material Adverse Effect, to the knowledge of the officers Responsible Officers of the Credit Parties, no member of the Consolidated Parties, neither the Consolidated Parties nor Group or any of their respective officers, directors or Contract Providers, Providers have engaged in any activities which that are prohibited under Medicare Regulations or Medicaid Regulations or which that are prohibited by binding rules of professional conduct, including but not limited to the following: including, without limitation, (i) knowingly and willfully 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 57 payment; (ii) knowingly and willfully 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 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 Medicare, Medicaid or other applicable third party payors, 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 other applicable third party payors.

Fraud and Abuse. To The Practice, the Practice Employees and ----------------- other persons and entities providing professional services for the Practice have not, to the knowledge of the officers of the Consolidated PartiesPractice and each Physician Shareholder, neither the Consolidated Parties nor any of their officersafter due inquiry, directors or Contract Providers, have engaged in any activities which are prohibited under Medicare Regulations by or Medicaid Regulations are in violation of the rules, regulations, policies, Contracts or Applicable Law pertaining to any Third Party Payor Program, or which are prohibited by binding rules of professional conductconduct ("Governmental Rules and Regulations"), 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 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 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 the Practice's own behalf or on behalf of another, with intent to fraudulently secure such benefit or payment fraudulentlypayment; or (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 or receive such remuneration (ai) in return for referring an individual to a Person person for the furnishing or of arranging for the furnishing of any item or service for which payment may be made in whole or in part by Medicare, Medicaid Medicare or other applicable third party payorsMedicaid, 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 Medicare, Medicaid Medicare or other applicable third party payorsMedicaid.

Fraud and Abuse. To 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 officers Borrower, none of Holdings, the Borrower, any of the Consolidated Parties, neither Subsidiaries or any of the Consolidated Parties nor Managed Practices or any of their respective officers, directors or Contract Providers, have Providers has engaged in any activities which that are prohibited under Medicare Regulations the Government Programs in which they participate or Medicaid Regulations or which 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 (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 Medicare, Medicaid any Government Program in which they participate or other applicable third third-party payors, 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 Medicare, Medicaid any Government Program in which they participate or other applicable third third-party payors.

Fraud and Abuse. To 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 officers Borrower, none of Holdings, the Borrower, any of the Consolidated Parties, neither Subsidiaries or any of the Consolidated Parties nor Managed Practices or any of their respective officers, directors or Contract Providers, have Providers has engaged in any activities which that are prohibited under Medicare Regulations the Government Programs in which they participate or Medicaid Regulations or which 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 (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 Medicare, Medicaid any Government Program in which they participate or other applicable third third-party payors, 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 Medicare, Medicaid any Government Program in which they participate or other applicable third third-party payors.