Medicare and Medicaid Participation. (a) Except as set forth on Schedule 2.17,
Medicare and Medicaid Participation. Primary Care Provider hereby represents and warrants that Primary Care Provider is a Medicare certified Primary Care Provider in good standing under the Federal Medicare Program (Title XVIII of the Social Security Act, as amended) and that Primary Care Provider will use his/hers/its best efforts to maintain this good standing. Primary Care Provider hereby represents and warrants that Provider is eligible for participation in the Medicaid program; however, the provider is not required to participate in the Medicaid program as an RHS Medicaid Primary Care Provider. If, for any reason, Primary Care Provider receives notice of any sanction from the Medicare or Medicaid Programs, Primary Care Provider agrees to notify RHS promptly of the sanction. Primary Care Provider shall not employ or contract with any individual who is excluded from participation in the Medicare or Medicaid programs under sections 1128 or 1128A of the Social Security Act (or with an entity that employs or contracts with such an individual) for the provision of any health or administrative services, including, without limitation, healthcare services, utilization review or medical social work. Primary Care Provider agrees and acknowledges that RHS and/or Healthcare Plan(s) receives payment for Covered Services in whole or in part, directly or indirectly, from federal funds and to the extent Primary Care Provider treats Members for whom RHS and/or Healthcare Plan(s) receives federal funds and delegates Covered Services to RHS and/or Healthcare Plan(s) (e.g. Medicare and Medicaid Members), Primary Care Provider is subject to certain laws that are applicable to individuals and entities receiving federal funds.
Medicare and Medicaid Participation. (a) No portion of the income from any Property is attributable to Medicare, Medicaid or any other third party payor program, except as shown on the Rent Roll attached as Schedule 2.7(b). (b) Except as set forth on Schedule 2.17, 15 <PAGE> (i) if any Facility has historically received Medicare or Medicaid reimbursement, it is eligible to receive payment without restriction under Title XVIII ("Medicare") and Title XIX ("Medicaid") of the Social Security Act, or both, and is a "provider" with valid and current provider agreements and with one or more provider numbers with the federal Medicare and all applicable state Medicaid and successor programs. For purposes of this provision, Medicare, Medicaid, CHAMPUS, TRICARE and other federal, state or local governmental reimbursement programs, or successor programs to any of the above, are referred to as "Government Programs". (ii) no Facility has historically received payments under CHAMPUS or TRICARE directly nor, to Seller's knowledge, indirectly, nor was any Facility or Seller ever a "provider" with provider agreements with one or more provider numbers with CHAMPUS and/or TRICARE. (iii) if any Facility historically participated or participates in Government Programs, such Facility was and is in compliance with the conditions of participation, if any, of the Government Programs in which it participated or participates, in all respects. (iv) Seller currently holds such necessary licenses, agreements and certificates pertaining to Medicare and Medicaid provider agreements entered into with the State of Florida, the United States, and any municipality or other Governmental Authority body that authorizes Seller to conduct its business at the Facilities as presently operated. (c) All cost reports of Seller and the Facilities for the Government Programs which are required to be filed on or prior to the Effective Date during the past three (3) years have been properly filed and are complete and accurate in all respects, and there are no outstanding overpayments, set offs or adjustments to any Government Programs. 2.18
Medicare and Medicaid Participation. Xxxxx shall cause Xxxxx Facilities to become qualified for participation in the Medicare and Medicaid programs or any Universal Governmental Plan and shall maintain such qualifications throughout the term.
Medicare and Medicaid Participation. (a) Attached hereto as Schedule 2.16(a) is a true and complete census report which sets forth the occupancy status of each Facility, the average daily rate and other charges payable with respect thereto, the class of payment or reimbursement (i.e., the payor mix or allocation among private, third‑party payor, Medicare, Medicaid and Veterans Administration), the average monthly census of the applicable Facility, occupancy rates and any arrearages in payments for each Facility for calendar year 2014 and year-to-date for 2015. An updated Schedule 2.16(a) containing the information required for the period expiring on the last date of the calendar month before the Closing Date will be delivered by Seller to Purchaser at least five (5) Business Days before the Closing.
Medicare and Medicaid Participation. (a) The cost reports for reimbursement by Medicare, Medicaid (if required), Blue Cross (if required), or any other cost-based third party payor (the "Programs") have been audited (i.e., settled, with a Notice of Program Reimbursement issued) through the period set forth in Part 2.20 of the Company Disclosure Schedule attached hereto, and all cost reports were filed when due. Except as set forth in Part 2.20(a) of the Company Disclosure Schedule, all cost reports are complete and correct in all material respects. Except as set forth in Part 2.20(a) of the Company Disclosure Schedule, (i) no Acquired Company has received written notice of any dispute between a Healthcare Facility and Blue Cross, a Governmental Entity or any Medicare or Medicaid fiscal intermediary regarding cost reports (with respect to the audited cost reports, only for any period subsequent to the period specified in Part 2.20(a) of the Company Disclosure Schedule) other than with respect to net reimbursable adjustments thereto made in the ordinary course of business which do not involve individual amounts in excess of $50,000 per cost report or $750,000 in the aggregate; (ii) there are no pending or, to the knowledge of the Company, threatened claims or investigations by any of the Programs against any Healthcare Facility; and (iii) each Healthcare Facility currently meets the conditions for participation in the Programs.
Medicare and Medicaid Participation. (a) (i) There are no pending or, to the knowledge of Parent, threatened claims or investigations by Medicare, Medicaid, Blue Cross or any other cost-based third party payor (the "Programs") against any Parent Company or Parent Program; and (ii) each Parent Company and Parent Program currently meets the conditions for participation in the Programs.
Medicare and Medicaid Participation. The Company facilities listed in Section 3.21 of the Company Disclosure Letter (each a “Company Facility”, collectively “Company Facilities”) are qualified for participation in the Medicare and Medicaid programs, have a current and valid provider contract with the Medicare and Medicaid programs, are in all material respects in compliance with the material conditions of participation in such programs and have received all material approvals or qualifications necessary for reimbursement relating to each Company Facility. Except as set forth in Section 3.21 of the Company Disclosure Letter, neither the Company nor any Subsidiary of the Company nor any Company Facility has since December 31, 2004 received any written notice from either Medicare or Medicaid programs of any pending or threatened material investigations or surveys. For purposes of this Agreement, (i) the term “Medicaid” means the applicable provisions of Title XIX of the Social Security Act, the regulations promulgated thereunder, and the state Laws implementing the Medicaid program; and (ii) the term “Medicare” means the applicable provisions of Title XVIII of the Social Security Act and the regulations promulgated thereunder.
Medicare and Medicaid Participation. (a) The Company is eligible for participation in the Medicare, Medicaid and CHAMPUS/TRICARE programs (collectively, the “Government Programs”) and has current and valid provider contracts with such Government Programs. The Company is in compliance with the conditions of participation for the Government Programs in all respects. There is neither pending, nor, to the Company’s or a Majority Stockholder’s Knowledge, threatened, any Action under the Government Programs involving the Company. The Majority Stockholders have made available to Buyer true and complete copies of the most recent Government Program survey reports and all plans of correction, if any, which Company was required to submit in response to such surveys, and all such plans of correction have been accepted by the applicable Government Program and all have been or are in the process of being implemented. Company’s billing practices for all third party payors, including the Government Programs and private insurance companies, are in compliance in all material respects with applicable Law and billing requirements of such third party payors and Government Programs and the Company has not knowingly billed or received any material payment or reimbursement in excess of amounts allowed by Law. Schedule 4.16 contains a list of all of the Company’s Government Program provider numbers and other third party payor provider numbers.
Medicare and Medicaid Participation. (a) No portion of the income from any Property is attributable to Medicare, Medicaid or any other third party payor program, except as shown on the Rent Roll attached as Schedule 2.7(b).
