Healthcare Representations and Warranties Sample Clauses

Healthcare Representations and Warranties. A With respect to each Receivable, as of the date such Receivable is created and included as an Eligible Receivable by FINOVA: (1) All documents and agreements relating to the Receivable requested by FINOVA have been delivered to FINOVA with respect to such Receivable and such documents are true and correct in all material respects; Borrower has timely and properly billed the applicable Payor of the Receivable (except where supporting claim documents must be forwarded to such Payor before a xxxx may be submitted in which case Borrower shall promptly complete documentation and billing of such Payors), and Borrower has delivered or caused to be delivered to such Payor all Payor requested supporting claim documents with respect to such Receivable including all documentation required by the applicable Payor(s) for payment on the Receivable, and the statutory period for issuing an explanation of benefits ("EOB") in connection with such Receivable has not expired; and all information set forth in the xxxx and supporting claim documents submitted to a Payor with respect to such Receivable is true, complete and correct in all material respects, and, if additional information is requested by such Payor in connection therewith, Borrower will promptly provide the same and, if necessary, will rebill or, if requested by the primary servicer (if other than Borrower) cooperate with such servicer(s) to rebill such Governmental Receivable; (2) Each such Receivable is exclusively owned by Borrower, and there is no security interest in or lien against such Receivable in favor of any third party other than FINOVA, nor is there any recording or filing against Borrower, as debtor, covering or purporting to cover any interest of any kind in any Receivable, except as has been or will be released or terminated by each party holding such adverse interest in the Receivable prior to or concurrently with the initial Loan made by FINOVA to Borrower. Borrower shall defend the first priority security interest of FINOVA in all Receivables against the claims of all persons claiming any interest adverse to FINOVA. With respect to any Governmental Receivable the rights transferred to FINOVA in connection with this Agreement do not include the right to claim payment in FINOVA's name from the applicable Payor or the right to direct such Payor to remit payment directly to FINOVA except as permitted by applicable laws and regulations governing such Governmental Receivables; (3) Each such Receiva...

Healthcare Representations and Warranties. (a) Except as set forth on Schedule 3.21(a), each Group Company is in compliance in all material respects with all Healthcare Laws except where non-compliance would not, individually or in the aggregate, reasonably be expected to result in material liability to the Group Companies, taken as a whole, or otherwise materially impair the value of, or interfere in any material respect with the conduct of the business of, the Group Companies taken as a whole. (b) Each Group Company holds or possesses each of the permits, licenses, approvals, certificates and authorizations issued by any Governmental Entity necessary under any Healthcare Law to conduct business substantially as currently conducted, except for such permits, licenses, approvals, certificates and authorizations the absence of which would not, individually or in the aggregate, reasonably be expected to result in material liability to the Group Companies, taken as a whole, or otherwise materially impair the value of, or interfere in any material respect with the conduct of the business of, the Group Companies taken as a whole. There are no Proceedings pending or to the Company’s Knowledge, threatened in writing that seek the revocation, cancellation, or termination of any such permits, licenses, approvals, certificates and authorizations. (c) Each Group Company meets all of the applicable requirements of any Federal Health Care Programs (as defined in 42 U.S.C. § 1320a-7(b)) (“Programs”) in which it participates except where the failure to meet any such requirement would not, individually or in the aggregate, reasonably be expected to result in material liability to the Group Companies, taken as a whole, or otherwise materially impair the value of, or interfere in any material respect with the conduct of the business of, the Group Companies taken as a whole, and each is a party to participation agreements for payment by such Programs to the extent that it bills a particular Program for services or procedures. There is no Proceeding pending or to the Company’s Knowledge, threatened in writing against any Group Company which relates to failure to comply with the applicable requirements of any Program. (d) The Company has Made Available to Buyer true and complete copies of all material surveys, reviews, or audits of any Group Company conducted by or in connection with any of the Programs or any licensing or accrediting bodies during the past three (3) years, including any written statements of deficienci...

Healthcare Representations and Warranties. (i) Operator and/or Manager have obtained all Medicare, Medicaid and related agency certifications and private organization accreditations and Governmental Authorizations necessary to operate the Facility, and currently is and has been, at all times, in material compliance with all Medicare and Medicaid statutory and regulatory requirements, including, but not limited to: (1) the Medicare Program Integrity Requirements of 42 C.F.R. §420 et seq.; (2) the requirements under the Conditions for Medicare Payment as described in 42 C.F.R. §424 et seq., as applicable; (3) the requirements under the Medicare conditions for Participation for States and Long Term Care Facilities as described in 42 C.F.R. §483 et seq.; (4) the requirements for Medicare Provider Agreements and Supplier Approval, as described in 42 C.F.R. §489 et seq.; (5) the Medicaid Program Integrity requirements of 42 C.F.R. §455 et seq., as implemented by the state Medicaid agency in each state in which Operator conducts business; and (6) the requirements for Medicaid provider agreements required by 42 C.F.R. §431.107 as implemented by the state Medicaid agency in each state in which Operator conducts business. (ii) Operator and/or Manager has all Medicare, Medicaid and related agency provider number(s), supplier billing number(s) and Medicare and/or Medicaid provider and/or participation agreements necessary to submit reimbursement claims to Medicare and/or Medicaid for any healthcare activity in which it is currently engaged, and has not allowed or permitted or authorized any Person to use any such number or agreement, except on Operator’s behalf. (iii) The Medicare and/or Medicaid certification, provider number, supplier billing number and Medicare and/or Medicaid provider and/or participation agreement(s) of Operator and/or Manager are currently in good standing and are not now and have never been suspended, revoked, denied renewal or terminated. (iv) Neither Operator nor Manager is currently nor has in the past been subject to: (1) any federal, state, local governmental or private Payor civil or criminal investigations, inquiries or audits involving and/or related to any federal, state or private Payor healthcare fraud and abuse provisions or contractual prohibition of healthcare fraud and abuse; or (2) any federal, state or private Payor inquiry, investigation, inspection or audit regarding its activities (except in the ordinary course), including without limitation, any federal, state or pr...

Healthcare Representations and Warranties