Common use of Health Care Regulatory Clause in Contracts

Health Care Regulatory. (a) There is no pending, or to the knowledge of the Company, threatened exclusion, revocation, suspension, termination, probation, restriction, limitation or nonrenewal affecting the Company or any Company Entity’s participation or enrollment in any of the Programs or Third Party Payor Contracts. Neither the Company nor any Company Entity has received oral or written notice that the Company or such Company Entity is currently the subject of any investigation, inquiry or proceeding by any Governmental Entity (or any Governmental Entity’s designated agent or agents), nor, to the knowledge of the Company, is there any reasonable grounds to anticipate the commencement of any investigation, inquiry or proceeding by any Governmental Entity. No written notice of any violation, asserted deficiency or other irregularity has been received by the Company or any Company Entity from any Governmental Entity (or any Governmental Entity’s designated agent or agents) that would directly or indirectly, or with the passage of time: (i) affect the Company’s or any Company Entity’s ability to treat patients, furnish, claim, xxxx and receive reimbursement relating to health care products or services rendered to patients or health care professionals, providers or suppliers, or (ii) result in the imposition of any fine, penalty, sanction, or lower reimbursement rate for items or services furnished by such Company Entity.; (b) There are no material Program, Third Party Payor or other claim or reimbursement audits or appeals relating to the Company or any Company Entity, except for those that occur in the ordinary course of business. For purposes of this Section 4.7(b) only, a material claim, reimbursement audit or appeal shall include any current, pending or outstanding claim, reimbursement audit or appeal that is reasonably expected to result in a recoupment or offset to, or other recovery from, the Company or any Company Entity in excess of $100,000, individually, or all claims, reimbursement audits or appeals taken together with all other related claims, reimbursement audits or appeals that are reasonably expected to result in such recoupments, offsets or other recoveries of $250,000 or more in the aggregate. (c) To the knowledge of the Company, there are no current or pending payment or reimbursement withholds, payment recoupments or suspensions by any Program or Third Party Payor relating to the Company or any Company Entity or to the health care items or services furnished by the Company or any Company Entity, other than payment or reimbursement withholds, or payment recoupments that are ordinary course adjustments to correct non-continuing, non-systemic errors and which, when taken together, are immaterial.

Health Care Regulatory. (a) There Except as set forth on Schedule 6.15(a), there is no pending, or to the knowledge of the Company, threatened exclusion, revocation, suspension, termination, probation, restriction, limitation or nonrenewal affecting the Company or any Company EntitySubsidiary’s participation or enrollment in any of the Programs or Third Party Payor Contracts. Neither the Company nor any Company Entity Subsidiary has received oral or written notice that the Company or such Company Entity Subsidiary is currently the subject of any investigation, inquiry or proceeding by any Governmental Entity Authority (or any Governmental EntityAuthority’s designated agent or agents), nor, to the knowledge of the Company, is there any reasonable grounds to anticipate the commencement of any investigation, inquiry or proceeding by any Governmental EntityAuthority. No written notice of any violation, asserted deficiency deficiency, or other irregularity has been received by the Company or any Company Entity Subsidiary from any Governmental Entity Authority (or any Governmental EntityAuthority’s designated agent or agents) that would directly or indirectly, or with the passage of time: (i) affect the Company’s or any Company EntitySubsidiary’s ability to treat patients, furnish, claim, xxxx and receive reimbursement relating relative to health care products or services rendered to patients or health care professionals, providers or suppliers, or (ii) result in the imposition of any fine, penalty, sanction, or lower reimbursement rate for items or services furnished by such Company EntitySubsidiary.; (b) There are no material Program, Third Party Payor or other claim or reimbursement audits or appeals relating to the Company or any Company EntitySubsidiary, except for those that occur in the ordinary course of businessbusiness or those set forth on Schedule 6.15(b). For purposes of this Section 4.7(b) onlyhereof, a material claim, reimbursement audit or appeal shall include any current, pending or outstanding claim, reimbursement audit or appeal that is reasonably expected to result results in a recoupment or offset to, or other recovery from, the Company or any Company Entity Subsidiary in excess of One Hundred Thousand Dollars ($100,000, individually, 100,000.00) individually or all claims, reimbursement audits or appeals taken together with all other related claims, reimbursement audits or appeals that are reasonably expected to result in such recoupments, offsets or other recoveries of Two Hundred Fifty Thousand Dollars ($250,000 250,000.00) or more in the aggregate. (c) To the knowledge of the Company, there are no current or pending payment or reimbursement withholds, payment recoupments or suspensions by any Program or Third Party Payor relating to the Company or any Company Entity Subsidiary or to the health care items or services furnished by the Company or any Company EntitySubsidiary, other than payment or reimbursement withholds, or payment recoupments that are ordinary course adjustments to correct non-continuing, non-systemic errors and which, when taken together, are immaterial.

Health Care Regulatory. (a) There Except as set forth on Schedule 3.19(a), there is no pending, or to the knowledge Knowledge of the Company, threatened exclusion, revocation, suspension, termination, probation, restriction, limitation or nonrenewal affecting the Company or any Company EntitySubsidiary’s participation or enrollment in any of the Programs or Third Party Payor Contracts. Neither the Company nor any Company Entity Subsidiary has received oral or written notice that the Company or such Company Entity Subsidiary is currently the subject of any investigation, inquiry or proceeding by any Governmental Entity (or any Governmental Entity’s designated agent or agents), nor, to the knowledge Knowledge of the Company, is there any reasonable grounds to anticipate the commencement of any investigation, inquiry or proceeding by any Governmental Entity. No written notice of any violation, asserted deficiency deficiency, or other irregularity has been received by the Company or any Company Entity Subsidiary from any Governmental Entity (or any Governmental Entity’s designated agent or agents) that would directly or indirectly, or with the passage of timewould: (i) affect the Company’s or any Company EntitySubsidiary’s ability to treat patients, furnish, claim, xxxx and receive reimbursement relating relative to health care products or services rendered to patients or health care professionals, providers or suppliers, or (ii) result in the imposition of any fine, penalty, sanction, or lower reimbursement rate for items or services furnished by the Company or such Company EntitySubsidiary.; (b) There are no material Program, Third Party Payor or other claim or reimbursement audits or appeals relating to the Company or any Company EntitySubsidiary, except for those that occur in the ordinary course of businessset forth on Schedule 3.19(b). For purposes of this Section 4.7(b) onlyhereof, a material claim, reimbursement audit or appeal shall include any current, pending or outstanding claim, reimbursement audit or appeal that is reasonably expected to result results in a recoupment or offset to, or other recovery from, the Company or any Company Entity Subsidiary in excess of $100,000, individually, 50,000 individually or all claims, reimbursement audits or appeals taken together with all other related claims, reimbursement audits or appeals that are reasonably expected to result in such recoupments, offsets or other recoveries of $250,000 or more in the aggregate. (c) To the knowledge Knowledge of the Company, there are no current or pending payment or reimbursement withholds, payment recoupments or suspensions by any Program or Third Party Payor relating to the Company or any Company Entity Subsidiary or to the health care items or services furnished by the Company or any Company EntitySubsidiary, other than payment or reimbursement withholds, or payment recoupments that are ordinary course adjustments to correct non-continuing, non-systemic errors and which, when taken together, are immaterial. (d) Other than the representations and warranties contained in Sections 3.4, 3.5 and 3.6, the representations and warranties in this Section 3.18, Section 3.19 and Section 3.20 are the sole and exclusive representations and warranties of the Company concerning health care regulatory matters.

Health Care Regulatory. (a) There Except as set forth on Schedule 5.15(a), there is no pending, or to the knowledge of the Company, threatened exclusion, revocation, suspension, termination, probation, material restriction, material limitation or nonrenewal affecting the Company or any Company EntitySubsidiary’s participation or enrollment in any of the Programs or Third Party Payor ContractsPrograms. Neither the Company nor any Company Entity Subsidiary has received oral or written notice that the Company or such Company Entity Subsidiary is currently the subject of any investigation, inquiry or proceeding by any Governmental Entity Authority (or any Governmental EntityAuthority’s designated agent or agents), nor, to the knowledge of the Company, is there any reasonable grounds to anticipate the commencement of any investigation, inquiry or proceeding by any Governmental Entity. No Authority, and no written notice of any violation, asserted deficiency deficiency, or other irregularity has been received by the Company or any Company Entity Subsidiary from any Governmental Entity Authority (or any Governmental EntityAuthority’s designated agent or agents) that would directly or indirectly, or with the passage of time: (i) materially affect the Company’s or any Company EntityBuyer’s ability to treat patients, furnish, claim, xxxx bxxx and receive reimbursement relating relative to health care products or services rendered to patients or health care professionals, providers or suppliers, or (ii) result in the imposition of any material fine, penalty, sanction, or lower reimbursement rate for items or services furnished by such Company EntitySubsidiary.; (b) There are no current, pending or outstanding material ProgramMedicaid, Third Party Payor Medicare or other claim or reimbursement audits or appeals relating to the Company or any Company EntitySubsidiary, except for those that occur in the ordinary course of business. For purposes of this Section 4.7(b) only, a material claim, reimbursement audit or appeal shall include any current, pending or outstanding claim, reimbursement audit or appeal that is reasonably expected to result in a recoupment or offset to, or other recovery from, the Company or any Company Entity in excess of $100,000, individually, or all claims, reimbursement audits or appeals taken together with all other related claims, reimbursement audits or appeals that are reasonably expected to result in such recoupments, offsets or other recoveries of $250,000 or more in the aggregateset forth on Schedule 5.15(b). (c) To the knowledge of the Company, there There are no current or pending material payment or reimbursement withholdswithhold, payment recoupments recoupment or suspensions by any Program or Third Party Payor relating suspension relative to the Company or any Company Entity Subsidiary or to the health care items or services furnished by the Company or any Company Entity, Subsidiary other than payment or reimbursement withholds, or payment recoupments that are ordinary course adjustments to correct non-continuing, non-systemic errors and which, when taken together, are individually immaterial.