Common use of Medicare, Medicaid Fraud Clause in Contracts

Medicare, Medicaid Fraud. Neither the Company nor any Company Entity has been charged, convicted or indicted for a Federal Health Care Program or state health care program related offense, nor has the Company or any Company Entity or any of their respective officers or directors, or, to the knowledge of the Company, any holder of at least five percent (5%) of the equity of the Company or any Company Entity been debarred, excluded or suspended from participation in Medicare, Medicaid or any other federal or state health program or been subjected to any order or consent decree of, or criminal or civil fine or penalty imposed by, any Governmental Entity related thereto. To the knowledge of the Company, neither the Company nor any Company Entity has arranged or contracted with (by employment or otherwise) any Person that is excluded or suspended from participation in a federal or state health care program for the provision of items or services for which payment may be made under such federal health care program. Neither the Company nor any Company Entity is party to any corporate integrity or other similar agreements with any Governmental Entity. None of the officers, directors, agents or managing employees (as such term is defined in 42 U.S.C. § 1320a-5(b)) of the Company or any Company Entity has been excluded from the Programs or any other federal health care program (as defined in 42 U.S.C. § 1320a-7b(f)), been subject to sanction pursuant to 42 U.S.C. §§ 1320a-7a or 1320a-8 (or similar statutes), or been convicted of a crime described at 42 U.S.C. § 1320a-7b (or similar statute), nor to the knowledge of the Company is any such exclusion, sanction or conviction threatened or pending. Neither the Company nor any Company Entity has been excluded from the Programs or any other federal health care program (as defined in 42 U.S.C. § 1320a-7b(f)) or state health care program as a result of any civil or criminal wrongdoing.

Medicare, Medicaid Fraud. Neither the Company nor any Company Entity Subsidiary has been charged, convicted or of nor being indicted for a Federal Health Care Program or state health care program related offense, nor has the Company or any Company Entity or nor any of their respective officers its officers, directors or directors, or, to the knowledge of the Company, any holder of at least five percent (5%) of the equity of the Company or any Company Entity stockholders been debarred, excluded or suspended from participation in Medicare, Medicaid or any other federal or state health program or been subjected to any order or consent decree of, or criminal or civil fine or penalty imposed by, any Governmental Entity court or governmental agency related thereto. To the knowledge of the Company, neither the Company nor any Company Entity Subsidiary has arranged or contracted with (by employment or otherwise) any Person that is excluded or suspended from participation in a federal or state health care program program, for the provision of items or services for which payment may be made under such federal health care program. Neither the Company or nor any Company Entity Subsidiary is party to any corporate integrity or other similar agreements with any Governmental EntityAuthority which apply to or are relevant to the transactions contemplated by this Agreement. None of the officers, directors, agents or managing employees (as such term is defined in 42 U.S.C. § 1320a-5(b)) of the Company or any a Company Entity Subsidiary has been excluded from the Programs or any other federal health care program (as defined in 42 U.S.C. § 1320a-7b(f)), been subject to sanction pursuant to 42 U.S.C. §§ 1320a-7a or 1320a-8 (or similar statutes)1320a-8, or been convicted of a crime described at 42 U.S.C. § 1320a-7b (or similar statute)1320a-7b, nor to the knowledge of the Company is any such exclusion, sanction or conviction threatened or pending. Neither the Company nor any Company Entity Subsidiary has been excluded from the Programs or any other federal health care program (as defined in 42 U.S.C. § §1320a-7b(f)) or state health care program as a result of any civil or criminal wrongdoing.