Common use of Healthcare Regulatory Compliance Clause in Contracts

Healthcare Regulatory Compliance. To the extent required in connection with their respective businesses, each of the Company and its subsidiaries has the requisite provider number or other authorization to bxxx the Medicare and Medicaid programs in the state or states in which such entity operates; none of the Company or its subsidiaries is subject to any pending, or, to the Company or its subsidiaries’ knowledge, threatened or contemplated action which could reasonably be expected to result either in revocation of any such provider number or other authorization or in the Company’s or any subsidiary’s exclusion from any Medicare or Medicaid health care programs or suspension or debarment by a governmental or regulatory authority; the Company’s and each subsidiary’s business practices have been structured in a manner reasonably designed to comply with the federal or state laws and regulations governing federal health care programs, including, without limitation, Sections 1320a-7a and 1320a-7b of Title 42 of the United States Code, and the Company and each of its subsidiaries reasonably believes that it is in compliance in all material respects with the health care laws set forth in (i) through (xvi) below, except as set forth in or contemplated in the Pricing Disclosure Package and the Prospectus; the Company and each of its subsidiaries has taken reasonable actions designed to ensure it is in compliance with (i) the False Claims Act, 31 U.S.C. Sections 3729-3733, (ii) the “Sxxxx” law, 42 U.S.C. § 1000xx, (xxx) the Federal Criminal False Claims Act, 18 U.S.C. § 286 and 287, (iv) the False Statements Relating to Health Care Mxxxxxx xxxxxxx, 00 X.X.X. § 0000, (x) all applicable U.S. federal, state, and local health care related fraud and abuse laws, including, without limitation, the U.S. Anti-Kickback Statute (42 U.S.C. § 1320a-7b(b)), (vi) the federal health care program false statement law (42 U.S.C. § 1320a-7b(a)), (vii) the Civil Monetary Penalties Law (42 U.S.C. § 1320a-7a), (viii) the exclusion laws (42 U.S.C. § 1320a-7), (ix) the health care fraud criminal provisions under the U.S. Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. §§ 1320d et seq.), (x) the Program Fraud Civil Remedies Act (31 U.S.C. § 3801-3812), (xi) the Health Care Fraud statute, 18 U.S.C. § 1347, (xiii) applicable Medicare (Title XVIII of the Social Security Act) and Medicaid (Title XIX of the Social Security Act) laws, (xiii) the Administrative Simplification provisions of the Health Insurance Portability and Accountability Act of 1996, as amended by the Health Information Technology for Economic and Clinical Health Act (42 U.S.C. §§ 17921 et seq.), the regulations promulgated under both laws, and any applicable state law counterpart thereof or other law or regulation the purpose of which is to protect the data and/or privacy of individuals and their health information or medical records, (xiv) applicable provisions of the Patient Protection and Affordable Care Act of 2010, as amended by the Health Care and Education Reconciliation Act of 2010, and the regulations promulgated thereunder, (xv) laws and regulations pertaining to licensure of health care providers, and (xvi) quality, safety and accreditation requirements under applicable federal, state or local laws, each as applicable to the Company and each subsidiary; the Company and each subsidiary has taken reasonable actions designed to ensure that each subsidiary does not allow any individual with an ownership or control interest (as defined in 42 U.S.C. § 1320a-3(a)(3)) in the Company or any subsidiary or any officer, director or managing employee (as defined in 42 U.S.C. § 1320a-5(b)) of the Company or any subsidiary who would be a person excluded from participation in any federal health care program (as defined in 42 U.S.C. § 1320a-7b(f)) as described in 42 U.S.C. § 1320a-7(b)(8) to participate in any such federal health care program maintained by the Company or any subsidiary; and the Company and its subsidiaries have structured their respective business practices in a manner reasonably designed to comply with the federal and state laws regarding physician ownership of (or financial relationship with), and the referral to entities providing, healthcare related goods or services, and laws requiring disclosure of financial interests held by physicians in entities to which they may refer patients for the provisions of health care related goods and services, and the Company reasonably believes that it is in compliance in all material respects with such laws. None of the Company or any of its subsidiaries is a party to any material corporate integrity agreements, deferred prosecution agreements, monitoring agreements, consent decrees, settlement orders or similar agreements with or imposed by any governmental or regulatory authority, or has any reporting obligations, plan of correction or other remedial measures entered into pursuant to any such agreement entered into with, or such decree or order issued by, any such governmental or regulatory authority. None of the Company or any of its subsidiaries nor any of their respective employees, officers or directors, or, to the knowledge of the Company or any of its subsidiaries, is listed as or has been excluded, suspended or debarred from participation in any federal health care program or, to the knowledge of the Company or any of its subsidiaries, is subject to a governmental inquiry, investigation, proceeding or similar action that could reasonably be expected to result in debarment, suspension or exclusion.

Healthcare Regulatory Compliance. To the extent required in connection with their respective businesses, each of the Company Oak Street Party and its respective subsidiaries has the requisite provider number or other authorization to bxxx xxxx the Medicare and Medicaid programs program in the state or states in which such entity operates; none of the Company or its Oak Street Parties or, any of their respective subsidiaries is subject to any pending, or, to the Company or its subsidiariesOak Street Parties’ knowledge, threatened or contemplated action which could reasonably be expected to result either in revocation of any such provider number or other authorization or in the Company’s Oak Street Parties’ or any respective subsidiary’s exclusion from any state Medicare or Medicaid health care programs or suspension or debarment by a governmental or regulatory authorityprograms; the Companyeach Oak Street Party’s and each subsidiary’s business practices have been structured in a manner reasonably designed to comply with the federal or state laws and regulations governing federal health care Medicare programs, including, without limitation, Sections 1320a-7a and 1320a-7b of Title 42 of the United States Code, and the Company and each of its subsidiaries Oak Street Party reasonably believes that it is in material compliance in all material respects with the health care laws set forth in (i) through (xvi) belowsuch laws, except as set forth in or contemplated in the Pricing Disclosure Package Time of Sale Information and the Prospectus; the Company each Oak Street Party and each of its subsidiaries subsidiary has taken reasonable actions designed to ensure it is in material compliance with (i) the False Claims Act, 31 U.S.C. Sections 3729-3733, (ii) the “SxxxxXxxxx” law, 42 U.S.C. § 1000xx0000xx, (xxx) the Federal Criminal False Claims Act, 18 U.S.C. § 286 and 287, (iv) the Federal TRICARE statute, 10 U.S.C. § 1071 et seq., (v) the False Statements Relating to Health Care Mxxxxxx Xxxxxxx xxxxxxx, 00 X.X.X. § 0000 xx (xx) the Health Care Xxxxx xxxxxxx, 00 X.X.X. § 0000, (x) all applicable U.S. federal, state, and local health care related fraud and abuse laws, including, without limitation, the U.S. Anti-Kickback Statute (42 U.S.C. § 1320a-7b(b)), (vi) the federal health care program false statement law (42 U.S.C. § 1320a-7b(a)), (vii) the Civil Monetary Penalties Law (42 U.S.C. § 1320a-7a), (viii) the exclusion laws (42 U.S.C. § 1320a-7), (ix) the health care fraud criminal provisions under the U.S. Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. §§ 1320d et seq.), (x) the Program Fraud Civil Remedies Act (31 U.S.C. § 3801-3812), (xi) the Health Care Fraud statute, 18 U.S.C. § 1347, (xiii) applicable Medicare (Title XVIII of the Social Security Act) and Medicaid (Title XIX of the Social Security Act) laws, (xiii) the Administrative Simplification provisions of the Health Insurance Portability and Accountability Act of 1996, as amended by the Health Information Technology for Economic and Clinical Health Act (42 U.S.C. §§ 17921 et seq.), the regulations promulgated under both laws, and any applicable state law counterpart thereof or other law or regulation the purpose of which is to protect the data and/or privacy of individuals and their health information or medical records, (xiv) applicable provisions of the Patient Protection and Affordable Care Act of 2010, as amended by the Health Care and Education Reconciliation Act of 2010, and the regulations promulgated thereunder, (xv) laws and regulations pertaining to licensure of health care providers, and (xvi) quality, safety and accreditation requirements under applicable federal, state or local laws, ; each as applicable to the Company and each subsidiary; the Company Oak Street Party and each subsidiary has taken reasonable actions designed to ensure that each subsidiary does not allow any individual with an ownership or control interest (as defined in 42 U.S.C. § 1320a-3(a)(3)) in the Company each Oak Street Party or any subsidiary or any officer, director or managing employee (as defined in 42 U.S.C. § 1320a-5(b)) of the Company each Oak Street Party or any subsidiary who would be a person excluded from participation in any federal health care program (as defined in 42 U.S.C. § 1320a-7b(f)) as described in 42 U.S.C. § 1320a-7(b)(8) to participate in any such federal health care program maintained by the Company each Oak Street Party or any subsidiary; and the Company each Oak Street Party and its subsidiaries have structured their respective business practices in a manner reasonably designed to comply comply, in all material respects, with the federal and state laws regarding physician ownership of (or financial relationship with), and the referral to entities providing, healthcare related goods or services, and laws requiring disclosure of financial interests held by physicians in entities to which they may refer patients for the provisions of health care related goods and services, and the Company reasonably believes that it is in material compliance in all material respects with such laws. None of the Company or any of its subsidiaries is a party to any material corporate integrity agreements, deferred prosecution agreements, monitoring agreements, consent decrees, settlement orders or similar agreements with or imposed by any governmental or regulatory authority, or has any reporting obligations, plan of correction or other remedial measures entered into pursuant to any such agreement entered into with, or such decree or order issued by, any such governmental or regulatory authority. None of the Company or any of its subsidiaries nor any of their respective employees, officers or directors, or, to the knowledge of the Company or any of its subsidiaries, is listed as or has been excluded, suspended or debarred from participation in any federal health care program or, to the knowledge of the Company or any of its subsidiaries, is subject to a governmental inquiry, investigation, proceeding or similar action that could reasonably be expected to result in debarment, suspension or exclusion.