Medical Staff Matters. As a result of the acquisition of the Assets by Bxxxxx, without the consent of the medical staff of the Hospital, there will be no change or modification to the current staff privileges for physicians on the medical staff of the Hospital; provided, however, 50 that the consummation of the transactions contemplated hereby will not limit the ability of the Board of Trustees or medical executive committee of the Hospital to grant, withhold or suspend medical staff appointments or clinical privileges in accordance with the terms and provisions of the medical staff bylaws. Each applicable Buyer shall adopt the current medical staff bylaws of the Hospital as the medical staff bylaws of the Hospital following the Closing, except to the extent that: (i) any modifications thereof are required to comply with accreditation standards or legal or regulatory requirements, (ii) modifications thereto may be proposed by the medical staff or its executive committee, and agreed to by Buyers, (iii) modifications thereto are proposed by Buyers and agreed to by the medical staff, or (iv) modifications thereto that may otherwise be permitted by law.
Medical Staff Matters. Sellers have provided to Buyers true, correct, and complete copies of the bylaws and rules and regulations of the medical staff of the Hospitals (including free-standing emergency departments), as well as a list of all current members of the medical staffs of the Hospitals (including free-standing emergency departments). Except as set forth on Schedule 3.21 hereto, (i) there are no adverse actions with respect to any medical staff members or any applicant thereto for which a medical staff member or applicant has requested a judicial review hearing which has not been scheduled or has been scheduled but has not been completed; (ii) there are no pending or, to the knowledge of Sellers, threatened disputes with applicants, staff members, or health professional affiliates; and (iii) all appeal periods in respect of any medical staff member or applicant against whom an adverse action has been taken have expired. Except as set forth on Schedule 3.21, no medical staff members of any of the Facilities have (i) resigned or had their privileges revoked or suspended since the Balance Sheet Date, or (ii) been excluded from participation in any “federal health care program” as defined in 42 U.S.C. §1320a-7b(f) (including Medicare, state Medicaid programs, state CHIP programs, TRICARE and similar or successor programs with or for the benefit of any Government Entity) or any other state payment or reimbursement programs that are under the authority of any state Government Entity, or, to Sellers’ knowledge, is under investigation that may result in any exclusion from such participation.
Medical Staff Matters. Sellers have provided to Buyers true, correct, and complete copies of the bylaws and rules and regulations of the medical staff of the Hospital, as well as a list of all current members of the medical staff of the Hospital. Except as set forth on Schedule 3.21 hereto, (i) there are no adverse actions with respect to any medical staff members or any applicant thereto for which a medical staff member or applicant has requested a judicial review hearing which has not been scheduled or has been scheduled but has not been completed; (ii) there are no pending or, to the knowledge of Sellers, threatened disputes with applicants, staff members, or health professional affiliates; and (iii) all appeal periods in respect of any medical staff member or applicant against whom an adverse action has been taken have expired.
Medical Staff Matters. Except as otherwise disclosed on Schedule 4.15, there are no (i) pending or, to the knowledge of Sellers, threatened Professional Review Actions (as that term is defined at 42 U.S.C. § 1151 (a)) with respect to any medical staff member of the Facilities or any applicant thereto, including any adverse actions for which a medical staff member or applicant has requested a review hearing as provided by the bylaws of the medical staff, that has not been scheduled or that has been scheduled but has not been completed, (ii) pending or, to the knowledge of Sellers threatened disputes with applicants, staff members or advanced practice professionals, or (iii) pending investigations by the respective medical executive committee against or pertaining to medical staff members or advanced practice professionals, and all appeal periods in respect of any medical staff member or applicant against whom a Professional Review Action has been taken have expired. Except as disclosed on Schedule 4.15, no medical staff members of the Facilities have had their privileges revoked, suspended, or reduced since the Balance Sheet Date.
Medical Staff Matters. (a) Seller has provided to Buyer a true and correct copy of the Acute Care Hospital's medical staff bylaws, rules and regulations. The physicians listed on Schedule 3.23 of the Seller Disclosure Letter hereto are current members in good standing of the active Acute Care Hospital medical staff with privileges to perform medical services at the Acute Care Hospital. Except as set forth in Schedule 3.23 of the Seller Disclosure Letter, there are no adverse actions pending, or to Seller’s Knowledge, threatened, with respect to any of the physicians listed on Schedule 3.23 of the Seller Disclosure Letter or with any applicant for privileges at the Acute Care Hospital, and there are no pending or, to Seller’s Knowledge, threatened disputes with any applicants, staff members, or health professional Affiliates associated with the Hospital Facilities, and Seller knows of no basis therefor. Except as set forth in Schedule 3.23 of the Seller Disclosure Letter, to Seller’s Knowledge, there is no pending appeal periods applicable to any applicant for medical privileges of the Hospital Facilities or any of the physicians listed on Schedule 3.23 of the Seller Disclosure Letter.
(b) Seller has provided to Buyer a true and correct copy of its SNF medical staff bylaws, rules and regulations. The physicians listed on Schedule 3.23 of the Seller Disclosure Letter hereto are current members in good standing of the active SNF medical staff of with privileges to perform medical services at the SNF. Except as set forth in Schedule 3.23 of the Seller Disclosure Letter, there are no adverse actions pending by any such physician, or to Seller’s Knowledge, threatened, with respect to any physician listed on Schedule 3.23 of the Seller Disclosure Letter or with any applicant for privileges at the SNF, and there are no pending or, to Seller’s Knowledge, threatened disputes with any applicants, staff members, or health professional Affiliates associated with the SNF. Except as set forth in Schedule 3.23 of the Seller Disclosure Letter, there are no pending appeal periods applicable to any applicant of the SNF or any of the physicians listed on Schedule 3.23 of the Seller Disclosure Letter.
Medical Staff Matters. (a) Seller has provided to Purchaser true, correct, and complete copies of the bylaws and rules and regulations of the medical staff of each facility of the Acquired Entities. With regard to the medical staff of each facility of the Acquired Entities, there are no pending or, to Seller’s Knowledge, threatened disputes with applicants, staff members or health professional affiliates and all appeal periods in respect of any medical staff member or applicant against whom an adverse action has been taken have expired. The Acquired Entities have delivered to Purchaser a written disclosure containing a description of all adverse actions taken in the six (6) months prior to the date hereof against medical staff members or applicants which could result in claims or actions against an Acquired Entity. To Seller’s Knowledge, no employee or independent contractor of an Acquired Entity (whether an individual or entity), or any member of an Acquired Entity’s medical staff, has been excluded from participating in any federal health care program (as defined in 42 U.S.C. § 1320a-7b(f)) during the last five (5) years, nor is any such exclusion threatened or pending, and none of the officers, directors, agents or managing employees (as such term is defined in 42 U.S.C. § 1320a-5(b)) of an Acquired Entity has been excluded from Medicare or any federal health care program (as defined in 42 U.S.C. § 1320a-7b(f)) or been subject to sanction pursuant to 42 U.S.C. § 1320a-7a or 1320a-8 or been convicted of a crime described at 42 U.S.C. § 1320a-7b, nor to Seller’s Knowledge is any such exclusion, sanction or conviction threatened or pending. No Acquired Entity has been excluded from participating in any federal health care program (as defined in 42 U.S.C. § 1320a-7b(f)), nor to Seller’s Knowledge is any such exclusion threatened or pending. No Acquired Entity has been convicted of a criminal offense related to the provision of health care services.
(b) To Seller’s Knowledge, there are no claims, actions, suits, proceedings or investigations pending or threatened against or affecting any member of the medical staff at law or in equity, or before or by any Governmental Authority wherever located. No member of an Acquired Entity’s medical staff has resigned or had his or her privileges revoked or suspended during the past year.
Medical Staff Matters. Seller has provided to Buyer true, correct, and complete copies of the bylaws and rules and regulations of the medical staff of and those holding clinical privileges at each Hospital, as well as a list of all current members of the medical staff of each Hospital. Except as set forth in Schedule 3.21, (i) there are no adverse actions or disciplinary actions with respect to any medical staff member, individual holding clinical privileges, or any applicant for membership and/or privileges for which the medical staff member, individual holding clinical privileges, or applicant has requested an appeal which has not been scheduled or has been scheduled but has not been completed; (ii) there are no pending or, to the knowledge of Seller, threatened disputes with applicants, medical staff members, or individuals holding clinical privileges; and (iii) all appeal periods in respect of any medical staff member, individual holding clinical privileges or applicant against whom an adverse action has been taken have expired and there are no pending investigations of a member of the medical staff or an individual holding clinical privileges..
Medical Staff Matters. Sellers have provided to Buyer true, correct, and complete copies of the bylaws and rules and regulations of the medical staff of the Hospital (the “Medical Staff”), as well as a list of all current members of the Medical Staff. Except as set forth on Schedule 3.21 hereto, there are no adverse actions with respect to any Medical Staff members of the Hospital or any applicant thereto for which a Medical Staff member or applicant has requested a judicial review hearing which has not been scheduled or has been scheduled but has not been completed, and there are no pending or, to the knowledge of Sellers, threatened disputes with applicants, Medical Staff members, or health professional affiliates, and Sellers know of no basis therefore, and all appeal periods in respect of any Medical Staff member or applicant against whom an adverse action has been taken have expired. Except as set forth on Schedule 3.21, no Medical Staff members have resigned or had their privileges revoked or suspended since July 31, 2018.
Medical Staff Matters. (a) Section 2.17(a) of the Company Disclosure Schedule lists for each surgery center operated by a Subsidiary the name of each physician that is a member of the medical staff as of the date of this Agreement (collectively, the “Physician Partners”). Except as set forth on Section 2.17(a) of the Company Disclosure Schedule, since December 31, 2009, to the Knowledge of the Company, none of the Physician Partners has threatened to discontinue or to terminate his or her medical staff privileges with the surgery center operated by such Subsidiary or the provision of services at the surgery center owned by such Subsidiary. Since December 31, 2009, to the Knowledge of the Company, none of the Physician Partners has given notice of their intent to, (A) retire from the practice of medicine in the next five (5) years, (B) be involved in the development or operations of another ambulatory surgery center facility or other facility that would compete with the ambulatory surgery centers affiliated with the Company, (C) relocate their residence and/or primary medical practice outside of the area surrounding the surgery center owned by such Subsidiary, or (D) become an employee of a hospital or an Affiliate of a hospital located in the area surrounding the surgery center owned by such Subsidiary. During the three (3) years preceding the Closing Date, each of the Physician Partners: (1) has been duly licensed and registered, and is in good standing by their state to engage in the practice of medicine, and said license and registration have not been suspended, revoked or restricted in any manner, and (2) has had professional liability insurance in place in amounts not less than required under the medical staff bylaws of any surgery center operated by the Company or any of its Subsidiaries and has not indicated any intent to terminate or reduce his or her professional liability coverage.
(b) The Company has made available to Parent true and complete copies of the bylaws and rules and regulations of the medical staff of each surgery center owned by a Subsidiary. There are no pending, or to the Knowledge of the Company, threatened disputes with applicants, medical staff members or allied health professionals, which (A) assert or are based upon a violation of any Subsidiary’s medical staff bylaws, including any “fair hearing” procedures conducted thereunder or (B) are in the process of being adjudicated or resolved pursuant to any Subsidiary’s medical staff bylaws. All appeal p...
Medical Staff Matters. Seller Group has delivered to Buyer copies of the bylaws and rules and regulations of the medical staff at the Hospital. With regard to the medical staffs at the Hospital and except as set forth on Schedule 4.20, there are no (i) pending or, to Seller Group’s knowledge, threatened, adverse actions with respect to any medical staff members of the Hospital or any applicant thereto, or (ii) pending or, to Seller Group’s knowledge, threatened, disputes with applicants, staff members or health professional affiliates and all appeal periods in respect of any medical staff member or applicant against whom an adverse action has been taken have expired. Seller Group has delivered to Buyer a written disclosure containing a brief general description of all adverse actions taken in the six months prior to the date hereof against medical staff members or applicants which could result in claims or actions against Seller Group. Schedule 4.20 includes a list of the members of the medical staff at the Hospital. Except as listed on Schedule 4.20, there are no claims, actions, suits, proceedings or investigations pending or, to Seller Group’s knowledge, threatened against or affecting any member of the medical staff of the Hospital at law or in equity, or before or by any federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality wherever located. Except as listed on Schedule 4.20, no medical staff member of the Hospital has resigned or had his or her privileges revoked or suspended since the Balance Sheet Date.
