Common use of Medicare and Medicaid Programs Clause in Contracts

Medicare and Medicaid Programs. To the knowledge of Coram, except as set forth on Exhibit 3.21 to the Coram Disclosure Schedule, Coram and the Coram Subsidiaries, to the extent necessary to conduct their business in a manner consistent with past practice, are qualified for participation in Medicare and Medicaid programs. Except as set forth on Exhibit 3.21 to the Coram Disclosure Schedules or the Coram SEC Reports, (a) Coram and the Coram Subsidiaries have no liability with respect to recoupment from the Medicare or Medicaid programs or any other third party reimbursement source that would materially exceed the reserves or allowances made therefor as set forth on the financial Statements included in the Coram Balance Sheet, and Coram has no knowledge for the assertion of any such recoupment claim that arose out of any transactions completed prior to the date hereof except as reflected in the Coram SEC Reports, and (b) no Medicare or Medicaid investigation, survey or audit is pending or, to the knowledge of Coram, threatened with respect to the operation of the current business of Coram and the Coram Subsidiaries, except to the extent such investigation, survey or audit is routine and is not reasonably likely to have a material adverse effect on Coram and the Coram Subsidiaries, taken as a whole. None of Coram, the Coram Subsidiaries or, to the knowledge of Coram, their licensed employees has been convicted of, or pled guilty or nolo contendere to any criminal offense related to any Medicare or Medicaid program while such person was an employee of Coram or a Coram Subsidiary or after the termination of such person's employment by Coram or such subsidiary, and, to the knowledge of Coram, none of such employees has committed any offense which may serve as the basis for suspension or exclusion of Coram or any Coram Subsidiary from the Medicare and Medicaid programs.

Medicare and Medicaid Programs. To the knowledge of Coram, except as set forth on Exhibit 3.21 to the Coram Disclosure Schedule, Coram IHS and the Coram IHS Subsidiaries, to the extent necessary to conduct their business in a manner consistent with past practice, are qualified for participation in Medicare and Medicaid programs. Except as set forth on Exhibit 3.21 to the Coram Disclosure Schedules or the Coram SEC Reports, (a) Coram IHS and the Coram IHS Subsidiaries have no liability with respect to recoupment from the Medicare or Medicaid programs or any other third party reimbursement source that would materially exceed the reserves or allowances made therefor as set forth on the financial Statements statements included in the Coram IHS Balance Sheet, and Coram IHS has no knowledge for of the assertion of any such recoupment claim that arose out of any transactions completed prior to the date hereof except as reflected in the Coram IHS SEC Reports, and (b) no . No Medicare or Medicaid investigation, survey or audit is pending or, to the knowledge of CoramIHS, threatened with respect to the operation of the current business of Coram IHS and the Coram IHS Subsidiaries, except to the extent such investigation, survey or audit is routine and is not reasonably likely to have a material adverse effect on Coram IHS and the Coram IHS Subsidiaries, taken as a whole. None Except as set forth on Exhibit 5.19 to the IHS Disclosure Schedules, none of CoramIHS, the Coram IHS Subsidiaries or, to the knowledge of CoramIHS, their licensed employees has been convicted of, or pled guilty or nolo contendere to any criminal offense related to any Medicare or Medicaid program while such person was an employee of Coram IHS or a Coram an IHS Subsidiary or after the termination of such person's employment by Coram IHS or such subsidiary, and, to the knowledge of CoramIHS, none of such employees has committed any offense which may serve as the basis for suspension or exclusion of Coram or any Coram Subsidiary IHS from the Medicare and Medicaid programsprograms which, in the aggregate, would have a material adverse effect on IHS and the IHS Subsidiaries, taken as a whole.

Medicare and Medicaid Programs. To the knowledge of Coram, except as set forth on Exhibit 3.21 to the Coram Disclosure Schedule, Coram IHS and the Coram IHS Subsidiaries, to the extent necessary to conduct their business in a manner consistent with past practice, are qualified for participation in Medicare and Medicaid programs. Except as set forth on Exhibit 3.21 to the Coram Disclosure Schedules or the Coram SEC Reports, (a) Coram IHS and the Coram IHS Subsidiaries have no liability with respect to recoupment from the Medicare or Medicaid programs or any other third party reimbursement source that would materially exceed the reserves or allowances made therefor as set forth on the financial Statements included in the Coram IHS Balance Sheet, and Coram IHS has no knowledge for the assertion of any such recoupment claim that arose out of any transactions completed prior to the date hereof except as reflected in the Coram SEC Reportshereof, and (b) no material Medicare or Medicaid investigation, survey survey, or audit is pending or, to the knowledge of CoramIHS, threatened with respect to the operation of the current business of Coram and IHS or any of the Coram IHS Subsidiaries, except to the extent that such investigation, survey survey, or audit is routine and is not reasonably likely to have a material adverse effect on Coram IHS and the Coram IHS Subsidiaries, taken as a whole. None of CoramIHS, the Coram IHS Subsidiaries or, to the knowledge of CoramIHS, their licensed employees has been convicted of, or pled guilty or nolo contendere to any criminal offense related to any Medicare or Medicaid program while such person was an employee of Coram IHS or a Coram an IHS Subsidiary or after the termination of such person's employment by Coram IHS or such subsidiarysubsidiary for acts committed while employed by IHS or an IHS Subsidiary, and, to the knowledge of CoramIHS, none of such employees has committed any offense which may serve as the basis for suspension or exclusion of Coram IHS or any Coram IHS Subsidiary from the Medicare and Medicaid programs. Since January 1, 1996, neither IHS nor any IHS Subsidiary has received any notice from the Medicare or Medicaid programs or any other third party reimbursement source to the effect that the basis on which it receives reimbursement for its services is to be changed.

Medicare and Medicaid Programs. To the knowledge of Coram, except Except as set forth on Exhibit 3.21 3.12 to the Coram Rotech Disclosure Schedule, Coram Rotech and the Coram Rotech Subsidiaries, to the extent necessary to conduct their business in a manner consistent with past practice, are qualified for participation in Medicare and Medicaid programs. Except as set forth on Exhibit 3.21 3.12 to the Coram Rotech Disclosure Schedules or the Coram SEC ReportsSchedules, (a) Coram Rotech and the Coram Rotech Subsidiaries have no liability with respect to recoupment from the Medicare or Medicaid programs or any other third party reimbursement source that would materially exceed the reserves or allowances made therefor as set forth on the financial Statements included in the Coram Rotech Balance Sheet, and Coram Rotech has no knowledge for the assertion of any such recoupment claim that arose out of any transactions completed prior to the date hereof except as reflected in the Coram SEC Reportshereof, and (b) no Medicare or Medicaid investigation, survey survey, or audit is pending or, to the knowledge of CoramRotech, threatened with respect to the operation of the current business of Coram and Rotech or any of the Coram Rotech Subsidiaries, except to the extent that such investigation, survey survey, or audit is routine and is not reasonably likely to have a material adverse effect on Coram Rotech and the Coram Subsidiaries, Rotech Subsidiaries taken as a whole. None of CoramRotech, the Coram Rotech Subsidiaries or, to the knowledge of CoramRotech, their licensed employees has been convicted of, or pled guilty or nolo contendere to any criminal offense related to any Medicare or Medicaid program while such person was an employee of Coram Rotech or a Coram Rotech Subsidiary or after the termination of such person's employment by Coram Rotech or such subsidiarysubsidiary for acts committed while employed by Rotech or a Rotech Subsidiary, and, to the knowledge of CoramRotech, none of such employees has committed any offense which may serve as the basis for suspension suspension, restriction, or exclusion of Coram Rotech or any Coram Rotech Subsidiary from the Medicare and Medicaid programs. Since January 1, 1996, neither Rotech nor any Rotech Subsidiary has received any notice from the Medicare or Medicaid programs or any other third party reimbursement source to the effect that the basis on which it receives reimbursement for its services is to be changed.