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 Neither the knowledge of the officers of the Consolidated Parties, neither the Consolidated Parties Company nor any of their officers, directors or Contract Providers, Subsidiary have engaged knowingly and willfully in any activities which are prohibited under federal Medicare Regulations and Medicaid statutes, including, without limitation, 42 U.S.C. Section 1320a-7b and 42 U.S.C. Section 1395nn or Medicaid Regulations related state or local statutes or regulations or which are prohibited by binding rules of professional conductotherwise constitutes fraud, including but not limited to 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 Medicare, Medicare or Medicaid or other applicable third party payors, 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, 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 Neither the knowledge of the officers of the Consolidated PartiesHospitals nor, neither the Consolidated Parties nor any of their officersto LSU’s Knowledge, directors or Contract Providers, LSU Personnel have engaged in any activities which that are prohibited under Medicare Regulations any Health Care Law, or Medicaid Regulations the regulations promulgated thereunder 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: (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 Medicare, Medicaid Medicare or other applicable third party payors, 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, service or item for which payment may be made in whole or in part by MedicareMedicare or Medicaid. LSU is not a party to any Corporate Integrity Agreement or similar settlement, Medicaid compliance or other applicable third party payorsoversight agreement with any Governmental Body relating to LSU’s services provided at the Hospitals.

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 The Seller and persons and entities providing professional services for the knowledge of the officers of the Consolidated Parties, neither the Consolidated Parties nor any of their officers, directors or Contract Providers, Seller have not engaged in any activities which are prohibited under Medicare Regulations 42 U.S.C. Section 1320a-7b, or Medicaid Regulations the regulations promulgated thereunder 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: : (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 (aA) 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 (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, 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 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 Parties, neither the Consolidated Parties nor any of their officers, directors or Contract Providers, The Corporation and its physician employees have not engaged in any activities which are prohibited under Medicare Regulations 42 U.S.C. Section 1320a-7b, or Medicaid Regulations the regulations promulgated thereunder 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: : (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 (aA) 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 (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, 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 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 (beta) 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 the knowledge best of the officers of the Consolidated PartiesCompany's knowledge after due inquiry, neither the Consolidated Parties Company nor any of their officers, directors or Contract Providers, persons and/or entities providing professional services for the Company have engaged in any activities which are prohibited under Medicare Regulations Section 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: : (i1) knowingly and willfully making or causing to be made a false statement or representation of a material fact in any applications applicable for any benefit or payment; ; (ii2) 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; ; (iii3) 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 fraudulentlypayment; and (iv4) 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 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 any item or service for which payment may be made in whole or in part by Medicare, the Medicare or Medicaid or other applicable third party payorsreimbursement programs, or (bii) in return for purchasing, leasing leasing, or ordering or arranging for or recommending the recommending, purchasing, leasing leasing, or ordering of any good, facility, service, or item for which payment may be made in whole or in part by Medicare, the Medicare or Medicaid or other applicable third party payorsreimbursement programs.

Fraud and Abuse. To the knowledge of the officers of the Consolidated Parties, neither the Consolidated Parties Neither MCP nor any of their officers, directors or Contract Providers, have PQC has engaged in any activities --------------- which are prohibited under Medicare Regulations U.S.C. (S)1320a-7b, or Medicaid Regulations the regulations promulgated thereunder 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: (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 (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 Medicare, Medicaid Medicare or other applicable third party payorsMedicaid, 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, facility 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 Association and persons and entities providing professional services for the knowledge of the officers of the Consolidated Parties, neither the Consolidated Parties nor any of their officers, directors or Contract Providers, Association have not engaged in any activities which are prohibited under Medicare Regulations 42 U.S.C. 1320a 7b, or Medicaid Regulations the regulations promulgated thereunder 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: : (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 (aA) 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 (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, 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 (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.

Fraud and Abuse. To the knowledge of the officers of the Consolidated Parties, neither the Consolidated Parties Neither MCP nor any of their officers, directors or Contract Providers, have PQC has engaged in any activities ---------------- which are prohibited under Medicare Regulations U.S.C. ss. 1320a-7b, or Medicaid Regulations the regulations promulgated thereunder 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: (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 (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 Medicare, Medicaid Medicare or other applicable third party payorsMedicaid, 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, facility 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.