Medicare and Medicaid Programs. To the extent required in connection with its business, the Company has the requisite provider number or other authorization to xxxx the Medicare program and the respective Medicaid program in the state or states in which the Company operates unless failure to maintain such provider number or other authorization would not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect; the Company has not been suspended, excluded or debarred from participation in any U.S. federal health care program, including Medicare or any state Medicaid program; the Company is not subject to any pending or, to the Company’s knowledge, threatened or contemplated action which would reasonably be expected to result either in a revocation of any provider number or authorization or in the Company’s suspension, exclusion or debarment from the Medicare or any state Medicaid programs; the Company’s business practices have been structured in a manner reasonably designed to comply with the federal or state Laws governing Medicare and state Medicaid programs, including, without limitation, Sections 1320a-7a and 1320a-7b of Title 42 of the United States Code, and the health care fraud provisions under the Health Insurance Portability and Accountability Act of 1996 and the Company reasonably believes that it is in compliance with such Laws; the Company has taken reasonable actions designed to ensure that it does not: (i) violate the False Claims Act, 31 U.S.C. §§ 3729-3733 or (ii) allow any individual with an ownership or control interest (as defined in 42 U.S.C. § 1320a-3(a)(3)) in the Company or have any officer, director or managing employee (as defined in 42 U.S.C. § 1320a-5(b)) of the Company 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); and the Company has structured its business practices in a manner reasonably designed to comply with the federal and state Laws regarding physician ownership of (or financial relationship with), and referral to, entities providing healthcare-related goods or services, and with Laws requiring disclosure of financial interests held by physicians in entities to which they may refer patients for the provisions of healthcare-related goods or services, and the Company reasonably believes that it is in compliance with such Laws.
Appears in 2 contracts
Samples: Sales Agreement (Durect Corp), Underwriting Agreement (Durect Corp)
Medicare and Medicaid Programs. To the extent required in connection with its businesstheir respective businesses, each of the Company and its Subsidiaries has the requisite provider number or other authorization to xxxx the Medicare program and the respective Medicaid program in the state or states in which the Company such entity operates unless failure to maintain such provider number or other authorization would not reasonably be expectednot, individually or in the aggregate, to have a Material Adverse Effect; other than immaterial statements of deficiency that may arise in the ordinary course of business, neither the Company has not been suspended, excluded or debarred from participation in nor any U.S. federal health care program, including Medicare or any state Medicaid program; the Company of its Subsidiaries is not subject to any pending or, to the Company’s knowledge, threatened or contemplated action which would could reasonably be expected to result either in a revocation of any provider number or authorization or in the Company’s suspension, or any Subsidiary’s exclusion or debarment from the Medicare or any state Medicaid programs; the Company’s and each of its Subsidiaries’ business practices have been structured in a manner reasonably designed to comply with the federal or state Laws laws governing Medicare and state Medicaid programs, including, without limitation, Sections 1320a-7a and 1320a-7b of Title 42 of the United States Code, and the health care fraud provisions under the Health Insurance Portability and Accountability Act of 1996 and the Company reasonably believes that it is in compliance with such Lawslaws; the Company has and its Subsidiaries have taken reasonable actions designed to ensure that it does they do not: (i) violate the False Claims Act, 31 U.S.C. §§ 3729-3733 or (ii) 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 of its Subsidiary or have any officer, director or managing employee (as defined in 42 U.S.C. § 1320a-5(b)) of the Company or any of its Subsidiaries 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); and the Company has and its Subsidiaries have structured its business their respective businesses practices in a manner reasonably designed to comply with the federal and state Laws laws regarding physician ownership of (or financial relationship with), and referral to, entities providing healthcare-related goods or services, and with Laws laws requiring disclosure of financial interests held by physicians in entities to which they may refer patients for the provisions of healthcare-related goods or services, and the Company reasonably believes that it is and its Subsidiaries are in compliance with such Lawslaws.
Appears in 1 contract
Samples: Purchase Agreement (Acadia Healthcare Company, Inc.)
Medicare and Medicaid Programs. To the extent required in connection with its businesstheir respective businesses, each of the Company and its subsidiaries has the requisite provider number or other authorization to xxxx bxxx the Medicare program and the respective Medicaid program in the state or states in which the Company such entity operates unless failure to maintain such provider number or other authorization would could not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect; neither the Company has not been suspended, excluded or debarred from participation in nor any U.S. federal health care program, including Medicare or any state Medicaid program; the Company of its subsidiaries is not subject to any pending or, to the Company’s knowledge, threatened or contemplated action which would could reasonably be expected to result either in a revocation of any provider number or authorization or in the Company’s suspension, or any subsidiary’s exclusion or debarment from the Medicare or any state Medicaid programs; the Company’s and each of its subsidiaries’ business practices have been structured in a manner reasonably designed to comply comply, in all material respects, with the federal or state Laws laws governing Medicare and state Medicaid programs, including, without limitation, Sections 1320a-7a and 1320a-7b of Title 42 of the United States Code, and the health care fraud provisions under the Health Insurance Portability and Accountability Act of 1996 and the Company reasonably believes that it is in compliance compliance, in all material respects, with such Lawslaws; the Company has and its subsidiaries have taken reasonable actions designed to ensure that it does they do not: (i) violate the False Claims Act, 31 U.S.C. §§ 3729-3733 or (ii) 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 of its subsidiary or have any officer, director or managing employee (as defined in 42 U.S.C. § 1320a-5(b)) of the Company or any of its subsidiaries 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); and the Company has and its subsidiaries have structured its business their respective businesses practices in a manner reasonably designed to comply comply, in all material respects, with the federal and state Laws laws regarding physician ownership of (or financial relationship with), and referral to, entities providing healthcare-related goods or services, and with Laws laws requiring disclosure of financial interests held by physicians in entities to which they may refer patients for the provisions of healthcare-related goods or services, and the Company reasonably believes that it is and its subsidiaries are in compliance compliance, in all material respects, with such Lawslaws.
Appears in 1 contract
Medicare and Medicaid Programs. To the extent required in connection with its businesstheir respective businesses, each of the Company and its subsidiaries has the requisite provider number or other authorization to xxxx the Medicare program and the respective Medicaid program in the state or states in which the Company such entity operates unless failure to maintain such provider number or other authorization would could not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect; neither the Company has not been suspended, excluded or debarred from participation in nor any U.S. federal health care program, including Medicare or any state Medicaid program; the Company of its subsidiaries is not subject to any pending or, to the Company’s knowledge, threatened or contemplated action which would could reasonably be expected to result either in a revocation of any provider number or authorization or in the Company’s suspension, or any subsidiary’s exclusion or debarment from the Medicare or any state Medicaid programs; the Company’s and each of its subsidiaries’ business practices have been structured in a manner reasonably designed to comply comply, in all material respects, with the federal or state Laws laws governing Medicare and state Medicaid programs, including, without limitation, Sections 1320a-7a and 1320a-7b of Title 42 of the United States Code, and the health care fraud provisions under the Health Insurance Portability and Accountability Act of 1996 and the Company reasonably believes that it is in compliance compliance, in all material respects, with such Lawslaws; the Company has and its subsidiaries have taken reasonable actions designed to ensure that it does they do not: (i) violate the False Claims Act, 31 U.S.C. §§ 3729-3733 or (ii) 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 of its subsidiary or have any officer, director or managing employee (as defined in 42 U.S.C. § 1320a-5(b)) of the Company or any of its subsidiaries 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); and the Company has and its subsidiaries have structured its business their respective businesses practices in a manner reasonably designed to comply comply, in all material respects, with the federal and state Laws laws regarding physician ownership of (or financial relationship with), and referral to, entities providing healthcare-related goods or services, and with Laws laws requiring disclosure of financial interests held by physicians in entities to which they may refer patients for the provisions of healthcare-related goods or services, and the Company reasonably believes that it is and its subsidiaries are in compliance compliance, in all material respects, with such Lawslaws.
Appears in 1 contract
Medicare and Medicaid Programs. To the extent required in connection with its businesstheir respective businesses, each of the Company and its subsidiaries has the requisite provider number or other authorization to xxxx the Medicare program and the respective Medicaid program in the state or states in which the Company such entity operates unless failure to maintain such provider number or other authorization would could not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect; neither the Company has not been suspended, excluded or debarred from participation in nor any U.S. federal health care program, including Medicare or any state Medicaid program; the Company of its subsidiaries is not subject to any pending or, to the Company’s knowledge, threatened or contemplated action which would could reasonably be expected to result either in a revocation of any provider number or authorization or in the Company’s suspension, or any subsidiary’s exclusion or debarment from the Medicare or any state Medicaid programs; the Company’s and each of its subsidiaries’ business practices have been structured in a manner reasonably designed to comply with the federal or state Laws laws governing Medicare and state Medicaid programs, to the extent applicable, including, without limitation, Sections 1320a-7a and 1320a-7b of Title 42 of the United States Code, and the health care fraud provisions under the Health Insurance Portability and Accountability Act of 1996 and the Company reasonably believes that it is in compliance with such Lawslaws; the Company has and its subsidiaries have taken reasonable actions designed to ensure that it does they do not: (i) violate the False Claims Act, 31 U.S.C. §§ 3729-3733 or (ii) 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 of its subsidiary or have any officer, director or managing employee (as defined in 42 U.S.C. § 1320a-5(b)) of the Company or any of its subsidiaries 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); and the Company has and its subsidiaries have structured its business their respective businesses practices in a manner reasonably designed to comply with the federal and state Laws laws regarding physician ownership of (or financial relationship with), and referral to, entities providing healthcare-related goods or services, and with Laws laws requiring disclosure of financial interests held by physicians in entities to which they may refer patients for the provisions of healthcare-related goods or services, and the Company reasonably believes that it is and its subsidiaries are in compliance with such Lawslaws.
Appears in 1 contract
Medicare and Medicaid Programs. To the extent required in connection with its businesstheir respective businesses, each of the Company and the Subsidiaries has the requisite provider number or other authorization to xxxx bxxx the Medicare program and the respective Medicaid program in the state or states in which the Company such entity operates unless failure to maintain such provider number or other authorization would could not reasonably be expected, expected individually or in the aggregate, to have a Material Adverse Effect; neither the Company has not been suspended, excluded or debarred from participation in nor any U.S. federal health care program, including Medicare or any state Medicaid program; of the Company Subsidiaries is not subject to any pending or, to the Company’s knowledge, threatened or contemplated action which would that could reasonably be expected to result either in a revocation of any provider number or authorization or in the Company’s suspension, or any Subsidiary’s exclusion or debarment from the Medicare or any state Medicaid programs; the Company’s and each of the Subsidiaries’ business practices have been structured in a manner reasonably designed to comply comply, in all material respects, with the federal or state Laws laws governing Medicare and state Medicaid programs, including, without limitation, limitation Sections 1320a-7a and 1320a-7b of Title 42 of the United States Code, and the health care fraud provisions under the Health Insurance Portability and Accountability Act of 1996 and the Company reasonably believes that it is in compliance compliance, in all material respects, with such Lawslaws; the Company has and its subsidiaries have taken reasonable actions designed to ensure that it does they do not: (i) violate the False Claims Act, 31 U.S.C. §§ 3729-3733 or (ii) allow any individual with an ownership or control interest (as defined in 42 U.S.C. § 1320a-3(a)(3)) in 1320a-3(a)(3))in the Company or any of the Subsidiaries or have any officer, director or managing employee (as defined in 42 U.S.C. § 1320a-5(b)) of the Company or any of the Subsidiaries 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)(81320a- 7(b)(8); and the Company has and the Subsidiaries have structured its business their respective businesses practices in a manner reasonably designed to comply comply, in all material respects, with the federal and state Laws laws regarding physician ownership of (or financial relationship with), and referral to, entities providing healthcare-related goods or services, and with Laws laws requiring disclosure of financial interests held by physicians in entities to which they may refer patients for the provisions of healthcare-related goods or services, and the Company reasonably believes that it is and the Subsidiaries are in compliance compliance, in all material respects, with such Lawslaws.
Appears in 1 contract
Samples: Purchase Agreement (BioScrip, Inc.)
Medicare and Medicaid Programs. To the extent required in connection with its businesstheir respective businesses, each of the Company and the Subsidiaries has the requisite provider number or other authorization to xxxx the Medicare program and the respective Medicaid program in the state or states in which the Company such entity operates unless failure to maintain such provider number or other authorization would not reasonably be expectednot, individually or in the aggregate, to have a Material Adverse Effect; other than immaterial statements of deficiency that may arise in the ordinary course of business, neither the Company has not been suspended, excluded or debarred from participation in nor any U.S. federal health care program, including Medicare or any state Medicaid program; of the Company Subsidiaries is not subject to any pending or, to the Company’s knowledge, threatened or contemplated action which would could reasonably be expected to result either in a revocation of any provider number or authorization or in the Company’s suspension, or any Subsidiary’s exclusion or debarment from the Medicare or any state Medicaid programs; the Company’s and each of the Subsidiaries’ business practices have been structured in a manner reasonably designed to comply with the federal or state Laws laws governing Medicare and state Medicaid programs, including, without limitation, Sections 1320a-7a and 1320a-7b of Title 42 of the United States Code, and the health care fraud provisions under the Health Insurance Portability and Accountability Act of 1996 and the Company reasonably believes that it is in compliance with such Lawslaws; the Company has and the Subsidiaries have taken reasonable actions designed to ensure that it does they do not: (i) violate the False Claims Act, 31 U.S.C. §§ 3729-3733 or (ii) 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 of its Subsidiaries or have any officer, director or managing employee (as defined in 42 U.S.C. § 1320a-5(b)) of the Company or any of the Subsidiaries 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); and the Company has and the Subsidiaries have structured its business their respective businesses practices in a manner reasonably designed to comply with the federal and state Laws laws regarding physician ownership of (or financial relationship with), and referral to, entities providing healthcare-related goods or services, and with Laws laws requiring disclosure of financial interests held by physicians in entities to which they may refer patients for the provisions of healthcare-related goods or services, and the Company reasonably believes that it is and the Subsidiaries are in compliance with such Lawslaws.
Appears in 1 contract
Samples: Underwriting Agreement (Acadia Healthcare Company, Inc.)