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.
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. Seller has provided to Buyer 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, (a) there are no pending, or, to the knowledge of Seller, threatened, 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; (b) there are no pending or, to the knowledge of Seller, threatened, disputes with applicants, staff members, or health professional affiliates; and (c) 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 hereto, 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 Seller’s 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. HMA has heretofore made available to Novant true, correct and complete copies of the bylaws and rules and regulations of the medical staffs of the Remaining Hospital Facilities. Except as heretofore disclosed to Novant to the extent permitted by Law and without waiving any privilege of confidentiality, there are no pending or, to HMA’s knowledge, threatened disputes with applicants, staff members, former staff members, or health professional affiliates of any Remaining Hospital Facility, and 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. 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. Seller has delivered to Buyer copies of the bylaws and rules and regulations of the medical staff at the Hospital. With regard to the medical staff at the Hospital and except as set forth on Schedule 4.24(a), there are no (i) pending or, to Seller’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’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 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. Schedule 4.24(b) includes a list of the members of the medical staff at the Hospital. Except as listed on Schedule 4.24(c), there are no claims, actions, suits, proceedings or investigations pending or, to Seller’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 4.24(d), no medical staff member of the Hospital has resigned or had his or her privileges revoked or suspended 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.
Medical Staff Matters. As a result of the acquisition of the Assets by the Buyer Entities, without the consent of the medical staff of the Hospitals, there will be no change or modification to the current staff privileges for physicians on the medical staff of the Hospitals; provided, however, that the consummation of the transactions contemplated hereby will not limit the ability of the Board of Trustees or medical executive committee of the Hospitals to grant, withhold or suspend medical staff appointments or clinical privileges in accordance with the terms and provisions of the medical staff bylaws. The applicable Buyer Entity shall adopt the current medical staff bylaws of the Hospitals as the medical staff bylaws of the Hospitals following the Closing, except to the extent that any modifications thereof are required to comply with accreditation standards or legal or regulatory requirements, and except to the extent that modifications thereto may be proposed by the medical staff and agreed to by such Buyer Entity. Nothing herein shall prohibit the amendment of the Hospitals’ medical staff bylaws following the Closing Date to meet any minimum Buyer medical staff standards or to synchronize the Hospitals’ medical staff bylaws with the medical staff bylaws of other Hospitals owned by Buyer or its Affiliates in accordance with the same process that applies to such other Hospitals.
