Common use of Fraud and Abuse Clause in Contracts

Fraud and Abuse. Neither the Consolidated Parties nor, to the knowledge of the officers of the Consolidated Parties, any of their officers or directors, or, to the knowledge of any officer of the Consolidated Parties, no Contract Providers, have engaged in any activities which are prohibited under the Medicare Regulations, the Medicaid Regulations, 00 X.X.X. §0000x-0x, 00 X.X.X. §0000xx, 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: (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. Neither the Consolidated Parties norNone of CC Holdings, IRG or CNR, and none of their respective officers and directors, and, to the knowledge of the officers of the Consolidated PartiesCC Holdings or IRG, any of their officers persons who provide professional services under agreements with IRG or directors, or, to the knowledge of any officer of the Consolidated Parties, no Contract ProvidersCNR, have engaged in any activities on behalf of or attributable to either IRG or CNR which are prohibited under the federal Medicare Regulationsand Medicaid statutes, the Medicaid Regulations42 U.S.C. ss. 1320a-7b, 00 X.X.X. §0000x-0x, 00 X.X.X. §0000xx, or the regulations promulgated pursuant to such statutes or related state or local statutes or regulations, 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 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 own behalf or on behalf of another, with intent to fraudulently secure such benefit or payment fraudulentlypayment; (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, 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, 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. Neither the Consolidated Parties norBorrower nor either Borrower’s members, to the knowledge of the officers of the Consolidated Partiesmanagers, any of their officers officers, directors, or directorssenior executives, or, to the knowledge of any officer of the Consolidated Partieseither Borrower, no Contract ProvidersPersons who provide professional services under agreements with such Borrower, have engaged in any activities on behalf of or attributable to either Borrower which are prohibited under the federal Medicare Regulations, the Medicaid Regulationsand Xxxxxxxx xxxxxxxx, 00 X.X.X. §§ 0000x-0x, 00 X.X.X. §0000xx, or the regulations promulgated pursuant to such statutes or related state or local statutes or regulations, 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; (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 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 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, or item for which payment may be made in whole or in part by MedicareMedicare or Medicaid, Medicaid or other applicable third party payorsas applicable.

Fraud and Abuse. Neither the Consolidated Parties nor, to the knowledge of the officers of the Consolidated Parties, any of their officers or directors, or, to the knowledge of any officer of the Consolidated Parties, no Contract Providers, have engaged in any activities which are prohibited under the federal Medicare Regulationsand Medicaid statutes, the Medicaid Regulations42 U.S.C. (S)1320a-7b, 00 X.X.X. §0000x-0x, 00 X.X.X. §0000xx, or 42 U.S.C. (S)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: (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. Neither the Consolidated Parties nor, to the knowledge of the officers of the Consolidated Parties, any of their officers or directors, or, to the knowledge of any officer of the Consolidated Parties, no Contract Providers, have engaged in any activities which are prohibited under the federal Medicare Regulationsand Medicaid statutes, the Medicaid Regulations42 U.S.C. ss.1320a-7b, 00 X.X.X. §0000x-0x, 00 X.X.X. §0000xx, or 42 U.S.C. ss.1395nn or the regulations promulgated pursuant to such statutes or related state or local statutes or regulations, or which are prohibited by binding rules of professional conduct, including but not limited to the following: (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. Neither the Consolidated Parties nor, to To the knowledge of the officers of the Consolidated Partiesany Authorized Officer, no Orthofix Entity has, nor has any of their officers or directors, or, to the knowledge of any officer of the Consolidated Parties, no Contract Providers, have engaged in any activities which are prohibited under the federal Medicare Regulationsand Medicaid statutes, the Medicaid Regulations42 U.S.C. § 1320a 7b, 00 X.X.X. §0000x-0xor 42 U.S.C. § 1395nn, 00 X.X.X. §0000xx, any other foreign or domestic statute related to any Medical Reimbursement Program or the regulations promulgated pursuant to such statutes or related state domestic or foreign, federal, state, provincial, territorial 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 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, another with the 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 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 payorsThird Party Payors, or 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 payorsThird 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. Neither the Consolidated Parties nor, to To the knowledge of the officers of the Consolidated Partiesany Responsible Officer, no Orthofix Entity has, nor has any of their officers or directors, or, to the knowledge of any officer of the Consolidated Parties, no Contract Providers, have engaged in any activities which are prohibited under the federal Medicare Regulations, the Medicaid Regulationsand Xxxxxxxx xxxxxxxx, 00 X.X.X. §0000x-0x§ 0000x‑7b, 00 X.X.X. §0000xxor 42 U.S.C. § 1395nn, any other foreign or domestic statute related to any Medical Reimbursement Program or the regulations promulgated pursuant to such statutes or related domestic or foreign, federal, 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 payorsThird 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 payorsThird 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. Neither the Consolidated Parties nor, to To the knowledge of the officers of the Consolidated Partiesany Responsible Officer, no Orthofix Entity has, nor has any of their officers or directors, or, to the knowledge of any officer of the Consolidated Parties, no Contract Providers, have engaged in any activities which are prohibited under the federal Medicare Regulations, the Medicaid Regulationsand Mxxxxxxx xxxxxxxx, 00 X.X.X. §0000x-0x§ 0000x‑7b, 00 X.X.X. §0000xxor 42 U.S.C. § 1395nn, any other foreign or domestic statute related to any Medical Reimbursement Program or the regulations promulgated pursuant to such statutes or related domestic or foreign, federal, 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 payorsThird 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 payorsThird Party Payors, except in each case for any such prohibited activity that could not reasonably be expected to result in a Material Adverse Effect.