Common use of Fraud and Abuse Clause in Contracts

Fraud and Abuse. Neither the Company nor any Subsidiary have engaged knowingly and willfully in any activities which are prohibited under federal Medicare and Medicaid statutes, 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: (a) knowingly and willfully making or causing to be made a false statement or representation of a material fact in any application for any benefit or payment; (b) 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; (c) knowingly and willfully failing to disclose knowledge of the occurrence of any event affecting the initial or continued right to any benefit or payment on its behalf or on behalf of another, with intent to secure such benefit or payment fraudulently; (d) 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 (i) 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 or Medicaid or (ii) in return for purchasing, leasing, or ordering or arranging for or recommending purchasing, leasing, or ordering any good, facility, service, or item for which payment may be made in whole or in part by Medicare or Medicaid.

Fraud and Abuse. Neither BJCL, the Company nor any Subsidiary BJCL Stockholder and persons and entities providing professional services for BJCL have not engaged knowingly and willfully in any activities which are prohibited under federal Medicare and Medicaid 42 U.S.C. ss.1320a-7b, or the regulations promulgated thereunder pursuant to such statutes, 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 regulations, or which otherwise constitutes fraudare prohibited by rules of professional conduct, including, without limitation, including the following: (a) knowingly and willfully making or causing to be made a false statement or representation of a material fact in any application for any benefit or payment; (b) 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; (c) 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 fraudulently secure such benefit or payment fraudulentlypayment; or (d) 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 (i1) in return for referring an individual to a 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 or Medicaid Medicaid, or (ii2) in return for purchasing, leasing, or ordering or arranging for or recommending purchasing, leasing, or ordering any good, facility, service, service or item for which payment may be made in whole or in part by Medicare or Medicaid.

Fraud and Abuse. Neither the Company nor any Subsidiary have BHP has not engaged knowingly and willfully in any activities which are prohibited under federal Federal Medicare and Medicaid statutesXxxxxxxx xxxxxxxx, including00 X.X.X. 0000x-0x, without limitation, 42 U.S.C. Section 1320a-7b and 42 U.S.C. Section 1395nn or the regulations promulgated pursuant to such statutes or related state or local statutes or regulations or which are prohibited by rules of professional conduct or which otherwise constitutes could constitute fraud, including, without limitation, including but not limited to the following: (a) knowingly and willfully making or causing to be made a false statement or representation of a material fact in any application for any benefit or payment, or any other document, including, but not limited to, BHP enrollment applications; (b) knowingly and willfully making or causing to be made any false statement or representation of a material fact for use in determining deter mining rights to any benefit or payment; (c) 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 behalf or on behalf of another, with intent to secure such benefit or payment fraudulently; (d) 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 (i) 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 or Medicaid Medicaid, or (ii) in return for purchasing, leasing, or ordering or arranging for or recommending purchasing, leasing, or ordering any good, facility, service, or item for which payment may be made in whole or in part by Medicare or Medicaid.

Fraud and Abuse. Neither MAOS, the Company nor any Subsidiary MAOS Stockholders and persons and entities providing professional services for MAOS have not engaged knowingly and willfully in any activities which are prohibited under federal Medicare and Medicaid 42 U.S.C. (section) 1320a-7b, or the regulations promulgated thereunder pursuant to such statutes, 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 regulations, or which otherwise constitutes fraudare prohibited by rules of professional conduct, including, without limitation, including the following: (a) knowingly and willfully making or causing to be made a false statement or representation of a material fact in any application for any benefit or payment; (b) 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; (c) 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 fraudulently secure such benefit or payment fraudulentlypayment; or (d) 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 (i1) 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 or Medicaid Medicaid, or (ii2) in return for purchasing, leasing, or ordering or arranging for or recommending purchasing, leasing, or ordering any good, facility, service, service or item for which payment may be made in whole or in part by Medicare or Medicaid.

Fraud and Abuse. Neither NCS, the Company nor any Subsidiary NCS Stockholder and persons and entities providing professional services for NCS have not engaged knowingly and willfully in any activities which are prohibited under federal Medicare and Medicaid 42 U.S.C. ss. 1320a-7b, or the regulations promulgated thereunder pursuant to such statutes, 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 regulations, or which otherwise constitutes fraudare prohibited by rules of professional conduct, including, without limitation, including the following: (a) knowingly and willfully making or causing to be made a false statement or representation of a material fact in any application for any benefit or payment; (b) 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; (c) 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 fraudulently secure such benefit or payment fraudulentlypayment; or (d) 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 (i1) in return for referring an individual to a 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 or Medicaid Medicaid, or (ii2) in return for purchasing, leasing, or ordering or arranging for or recommending purchasing, leasing, or ordering any good, facility, service, service or item for which payment may be made in whole or in part by Medicare or Medicaid.

Fraud and Abuse. Neither the Company Borrower nor its Subsidiaries or Affiliates nor any Subsidiary have of their respective officers, directors nor, to the knowledge of the Borrower, any Contract Provider, has engaged knowingly and willfully in any activities which that are prohibited under federal any applicable Medicare and Regulations or Medicaid statutes, including, without limitation, 42 U.S.C. Section 1320a-7b and 42 U.S.C. Section 1395nn Regulations or related state or local statutes or regulations or which otherwise constitutes fraud, including, without limitation, that are prohibited by any applicable rules of professional conduct (including but not limited to the following, to the extent applicable: (ai) knowingly and willfully making or causing to be made a false statement or representation of a material fact in any application applications for any benefit or payment; (bii) 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; (ciii) 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; (div) 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 of offering to pay such remuneration (ia) 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 or Medicare, Medicaid or any other state or Federal health care program, or (iib) 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 Medicare, Medicaid or Medicaidany other state or Federal health care program), which failure to comply with such rules and regulations, individually or taken as a whole, would reasonably be expected to have a Material Adverse Effect.

Fraud and Abuse. Neither HRKP, the Company nor any Subsidiary HRKP Stockholders and persons and entities providing professional services for HRKP have not engaged knowingly and willfully in any activities which are prohibited under federal Medicare and Medicaid 42 U.S.C. (section) 1320a-7b, or the regulations promulgated thereunder pursuant to such statutes, 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 regulations, or which otherwise constitutes fraudare prohibited by rules of professional conduct, including, without limitation, including the following: (a) knowingly and willfully making or causing to be made a false statement or representation of a material fact in any application for any benefit or payment; (b) 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; (c) 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 fraudulently secure such benefit or payment fraudulentlypayment; or (d) 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 (i1) in return for referring an individual to a 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 or Medicaid Medicaid, or (ii2) in return for purchasing, leasing, or ordering or arranging for or recommending purchasing, leasing, or ordering any good, facility, service, service or item for which payment may be made in whole or in part by Medicare or Medicaid.

Fraud and Abuse. Neither the Company nor any Subsidiary Sellers, Owners and persons and entities providing professional services for Sellers have not engaged knowingly and willfully in any activities which are prohibited under federal Medicare and Medicaid statutes, including, without limitation, 42 U.S.C. Section 1320a-7b and 42 U.S.C. Section 1395nn 1320a-7b, or the regulations promulgated thereunder pursuant to such statutes, or related state or local statutes or regulations regulations, or which otherwise constitutes fraudare prohibited by rules of professional conduct, including, without limitation, including but not limited to the following: (a) knowingly and willfully making or causing to be made a false statement or representation of a material fact in any application for any benefit or payment; (b) 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; (c) 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 fraudulently secure such benefit or payment fraudulentlypayment; and (d) 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 (i) 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 or Medicaid Medicaid, or (ii) in return for purchasing, leasing, or ordering or arranging for or recommending purchasing, leasing, or ordering any good, facility, service, service or item for which payment may be made in whole or in part by Medicare or Medicaid.

Fraud and Abuse. Neither the Company MCP nor any Subsidiary have PQC has engaged knowingly and willfully in any activities ---------------- which are prohibited under federal Medicare and Medicaid U.S.C. ss. 1320a-7b, or the regulations promulgated thereunder pursuant to such statutes, 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 regulations, or which otherwise constitutes fraudare prohibited by rules of professional conduct, including, without limitation, including but not limited to the following: (ai) knowingly and willfully making or causing to be made a false statement or representation of a material fact in any application for any benefit or payment; (bii) 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; (ciii) knowingly and willfully 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 (div) 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 (ia) 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 or Medicaid Medicaid, or (iib) in return for purchasing, leasing, or ordering or arranging for or recommending purchasing, leasing, or ordering any good, facility, service, facility or item for which payment may be made in whole or in part by Medicare or Medicaid.

Fraud and Abuse. Neither the Company MCP nor any Subsidiary have PQC has engaged knowingly and willfully in any activities --------------- which are prohibited under federal Medicare and Medicaid U.S.C. (S)1320a-7b, or the regulations promulgated thereunder pursuant to such statutes, 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 regulations, or which otherwise constitutes fraudare prohibited by rules of professional conduct, including, without limitation, including but not limited to the following: (ai) knowingly and willfully making or causing to be made a false statement or representation of a material fact in any application for any benefit or payment; (bii) 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; (ciii) knowingly and willfully 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 (div) 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 (ia) 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 or Medicaid Medicaid, or (iib) in return for purchasing, leasing, or ordering or arranging for or recommending purchasing, leasing, or ordering any good, facility, service, facility or item for which payment may be made in whole or in part by Medicare or Medicaid.

Fraud and Abuse. Neither the Company nor any Subsidiary Sellers and to Sellers' Knowledge all persons and entities providing professional services for Sellers have not engaged knowingly and willfully in any activities which are prohibited under federal Medicare and Medicaid statutes, including, without limitation, 42 U.S.C. Section 1320a-7b and 42 U.S.C. Section 1395nn 1320a-7b, or the regulations promulgated thereunder pursuant to such statutes, or related state or local statutes or regulations regulations, or which otherwise constitutes fraudare prohibited by rules of professional conduct, including, without limitation, including but not limited to the followingfol- lowing: (a) knowingly and willfully making or causing to be made a false statement or representation of a material fact in any application for any benefit or payment; (b) 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; (c) 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 fraudulently secure such benefit or payment fraudulentlypayment; and (d) knowingly and willfully soliciting or receiving any remuneration (including any kickbackkick- back, bribe, or rebate), directly or indirectly, overtly or covertly, in cash or in kind or offering to pay or receive such remuneration (i) 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 or Medicaid Medicaid, or (ii) in return for purchasing, leasing, or ordering or arranging for or recommending purchasing, leasing, or ordering any good, facility, service, service or item for which payment may be made in whole or in part by Medicare or Medicaid.

Fraud and Abuse. Neither SNG, the Company nor any Subsidiary SNG Stockholders and persons and entities providing professional services for SNG have not engaged knowingly and willfully in any activities which are prohibited under federal Medicare and Medicaid 42 U.S.C. ss. 1320a-7b, or the regulations promulgated thereunder pursuant to such statutes, 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 regulations, or which otherwise constitutes fraudare prohibited by rules of professional conduct, including, without limitation, including the following: (a) knowingly and willfully making or causing to be made a false statement or representation of a material fact in any application for any benefit or payment; (b) 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; (c) 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 fraudulently secure such benefit or payment fraudulentlypayment; or (d) 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 (i1) in return for referring an individual to a 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 or Medicaid Medicaid, or (ii2) in return for purchasing, leasing, or ordering or arranging for or recommending purchasing, leasing, or ordering any good, facility, service, service or item for which payment may be made in whole or in part by Medicare or Medicaid.

Fraud and Abuse. Neither the The Company nor any Subsidiary have has not engaged knowingly and willfully in any activities which with are prohibited (a) under federal Medicare and Medicaid statutes, including, without limitation, 42 U.S.C. Section 1320a-7b and 42 U.S.C. Section 1395nn ss.1320a-7b, or the regulations promulgated thereunder, or related state or local statutes or regulations regulations, or which otherwise constitutes fraud(b) by Rules of Professional Conduct, includingor (c) by law or any third party payor contract, without limitation, including but not limited to the following: (ai) knowingly and willfully wilfully making or causing to be made a false statement or representation of a material fact in any application for any benefit or payment; (bii) 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; (ciii) knowingly and willfully failing failure to disclose knowledge by a claimant of the occurrence of any event affecting the initial or continued right to any benefit or of payment on its own behalf or on behalf of another, with intent to fraudulently secure such benefit or payment fraudulentlypayment; and (div) 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 (iA) in return for referring an individual to a person for the furnishing or arranging for the furnishing of any item or of service for which payment may be made in whole or in part by Medicare or Medicaid or any third party payor, or (iiB) in return for purchasing, leasing, or ordering or arranging for or recommending purchasing, leasing, or ordering any good, facility, service, or item for which payment may be made in whole or in part by Medicare or MedicaidMedicaid or any third party payor.

Fraud and Abuse. Neither Except as would not reasonably be expected to constitute a Material Adverse Effect, no member of the Company nor Consolidated Group or any Subsidiary of their respective officers, directors or, to the knowledge of the Responsible Officers of the Borrower, any Contract Providers have engaged knowingly and willfully in any activities which that are prohibited under federal Medicare and Regulations or Medicaid statutesRegulations, 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: (ai) knowingly and willfully making or causing to be made a false statement or representation a misrepresentation of a any material fact in any application for any benefit or payment; (bii) 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; (ciii) 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; (div) 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 (iA) 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 or Medicare, Medicaid or other federal health care program, or (iiB) 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 Medicare, Medicaid or Medicaidother federal health program.

Fraud and Abuse. Neither AIG, the Company nor any Subsidiary AIG Stockholder and persons and entities providing professional services for AIG have not engaged knowingly and willfully in any activities which are prohibited under federal Medicare and Medicaid 42 U.S.C. ss. 1320a-7b, or the regulations promulgated thereunder pursuant to such statutes, 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 regulations, or which otherwise constitutes fraudare prohibited by rules of professional conduct, including, without limitation, including the following: (a) knowingly and willfully making or causing to be made a false statement or representation of a material fact in any application for any benefit or payment; (b) 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; (c) 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 fraudulently secure such benefit or payment fraudulentlypayment; or (d) 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 (i1) in return for referring an individual to a 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 or Medicaid Medicaid, or (ii2) in return for purchasing, leasing, or ordering or arranging for or recommending purchasing, leasing, or ordering any good, facility, service, service or item for which payment may be made in whole or in part by Medicare or Medicaid.

Fraud and Abuse. Neither NCS&A, the Company nor any Subsidiary NCS&A Stockholder and persons and entities providing professional services for NCS&A have not engaged knowingly and willfully in any activities which are prohibited under federal Medicare and Medicaid 42 U.S.C. ss. 1320a-7b, or the regulations promulgated thereunder pursuant to such statutes, 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 regulations, or which otherwise constitutes fraudare prohibited by rules of professional conduct, including, without limitation, including the following: (a) knowingly and willfully making or causing to be made a false statement or representation of a material fact in any application for any benefit or payment; (b) 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; (c) 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 fraudulently secure such benefit or payment fraudulentlypayment; or (d) 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 (i1) in return for referring an individual to a 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 or Medicaid Medicaid, or (ii2) in return for purchasing, leasing, or ordering or arranging for or recommending purchasing, leasing, or ordering any good, facility, service, service or item for which payment may be made in whole or in part by Medicare or Medicaid.

Fraud and Abuse. Neither the Company OHSI nor any Subsidiary have Omega has engaged knowingly and willfully in any activities which are prohibited under federal Medicare and Medicaid statutes(beta) 1320a-7b of Title 42 of the United States Code or the regulations promulgated thereunder, 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 regulations, or which otherwise constitutes fraudare prohibited by rules of professional conduct, including, without limitationbut not limited to, the following: (ai) knowingly and willfully willingly making or causing to be made a false statement or representation of a material fact in any application for any benefit or payment; (bii) 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; (ciii) knowingly and willfully failing any failure by a claimant to disclose knowledge 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 (div) 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 (iA) in return for referring an individual to a 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 or Medicaid Medicaid, or (iiB) in return for purchasing, leasing, leasing or ordering or arranging for for, or recommending recommending, purchasing, leasing, lease or ordering any good, facility, service, service or item for which payment may be made in whole or in part by Medicare or Medicaid.

Fraud and Abuse. Neither OSAL, the Company nor any Subsidiary OSAL Stockholders and persons and entities providing professional services for OSAL have not engaged knowingly and willfully in any activities which are prohibited under federal Medicare and Medicaid 42 U.S.C. ss.1320a-7b, or the regulations promulgated thereunder pursuant to such statutes, 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 regulations, or which otherwise constitutes fraudare prohibited by rules of professional conduct, including, without limitation, including the following: (a) knowingly and willfully making or causing to be made a false statement or representation of a material fact in any application for any benefit or payment; (b) 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; (c) 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 fraudulently secure such benefit or payment fraudulentlypayment; or (d) 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 (i1) in return for referring an individual to a 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 or Medicaid Medicaid, or (ii2) in return for purchasing, leasing, or ordering or arranging for or recommending purchasing, leasing, or ordering any good, facility, service, service or item for which payment may be made in whole or in part by Medicare or Medicaid.

Fraud and Abuse. Neither the Company nor any Subsidiary ADC and, to ADC's knowledge, each employee of ADC providing professional services for ADC have not engaged knowingly and willfully in any activities which are prohibited under federal Medicare and Medicaid 42 U.S. C. ss. 1320a-7b or the regulations promulgated thereunder pursuant to such statutes, 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 regulations, or which otherwise constitutes fraudare prohibited by rules of professional conduct, including, without limitation, including but not limited to the following: (a) knowingly and willfully making or causing to be made a false statement or representation of a material fact in any application for any benefit or payment; (b) 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; (c) knowingly and willfully failing to disclose knowledge of the 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 (d) 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 (i) in return for referring an individual to a 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 or Medicaid Medicaid, or (ii) Q in return for purchasing, leasing, or ordering or arranging for or recommending purchasing, leasing, or ordering any good, facility, service, service or item for which payment may be made in whole or in part by Medicare or Medicaid.

Fraud and Abuse. Neither BMC and all persons and entities providing --------------- services for BMC have not, to the Company nor any Subsidiary have knowledge of BMC, engaged knowingly and willfully in any activities which are prohibited under federal Medicare and Medicaid statutes(S)1329a-7b of Title 42 of the United States Code or the regulations promulgated thereunder, 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 regulations, or which otherwise constitutes fraudare prohibited by rules of professional conduct, including, without limitation, but not limited to the following: (a) knowingly and willfully making or causing to be made a false statement or representation of a material fact in any application for any benefit or payment; (b) 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; payment (c) knowingly and willfully failing any failure by a claimant to disclose knowledge 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 (d) 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 (i) 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 or Medicaid Medicaid, or (ii) in return for purchasing, leasing, leasing or ordering or arranging for for, or recommending recommending, purchasing, leasing, leasing or ordering any good, facility, service, service or item for which payment may be made in whole or in part by Medicare or Medicaid.. SUNSTAR HEALTHCARE, INC. AND SUBSIDIARIES

Fraud and Abuse. Neither AOR, the Company nor any Subsidiary Physician Owner, and persons and entities providing professional services for AOR have not engaged knowingly and willfully in any activities which are prohibited under federal Medicare and Medicaid 42 U.S.C. ss. 1320a-7b, or the regulations promulgated thereunder pursuant to such statutes, 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 regulations, or which otherwise constitutes fraudare prohibited by rules of professional conduct, including, without limitation, including the following: (a) knowingly and willfully making or causing to be made a false statement or representation of a material fact in any application for any benefit or payment; (b) 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; (c) 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 fraudulently secure such benefit or payment fraudulentlypayment; or (d) 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 (i1) in return for referring an individual to a 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 or Medicaid or (ii2) in return for purchasing, leasing, or ordering or arranging for or recommending purchasing, leasing, leasing or ordering any good, facility, service, service or item for which payment may be made in whole or in part by Medicare or Medicaid.

Fraud and Abuse. Neither LOI, the Company nor any Subsidiary LOI Stockholder and persons and entities providing professional services for LOI have not engaged knowingly and willfully in any activities which are prohibited under federal Medicare and Medicaid 42 U.S.C. ss.1320a-7b, or the regulations promulgated thereunder pursuant to such statutes, 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 regulations, or which otherwise constitutes fraudare prohibited by rules of professional conduct, including, without limitation, including the following: (a) knowingly and willfully making or causing to be made a false statement or representation of a material fact in any application for any benefit or payment; (b) 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; (c) 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 fraudulently secure such benefit or payment fraudulentlypayment; or (d) 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 (i1) in return for referring an individual to a 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 or Medicaid Medicaid, or (ii2) in return for purchasing, leasing, or ordering or arranging for or recommending purchasing, leasing, or ordering any good, facility, service, service or item for which payment may be made in whole or in part by Medicare or Medicaid.