Medicare/Medicaid Participation. To the knowledge of Holdings, the Company and each Subsidiary, none of the Company, any of its Subsidiaries, or any existing officers or directors of the Company or the respective Subsidiary who is expected to be an officer, director, agent (as defined in 42 C.F.R. Section 1001.1001(a)(2)), or managing employee (as defined in SSA Section 1126(b) or any regulations promulgated thereunder) of the Company or the respective Subsidiary: (1) has had a material civil monetary penalty assessed against it under Section 1128A of the SSA or any regulations promulgated thereunder; (2) has been excluded from participation under the Medicare program or a federal or state health care program; or (3) has been convicted (as that term in defined in 42 C.F.R. Section 1001.2) of any of the following categories of offenses as described in SSA Section 1128(a) and (b)(1), (2), (3) or any regulations promulgated thereunder: (i) criminal offenses relating to the delivery of an item or service under Medicare or any federal or state health care program; (ii) criminal offenses under federal or state law relating to patient neglect or abuse in connection with the delivery of a healthcare item or service; criminal offenses under federal or state law relating to fraud, theft, embezzlement, breach of fiduciary responsibility, or other financial misconduct in connection with the delivery of a healthcare item or service or with respect to any act or omission in a program operated by or financed in whole or in part by any federal, state or local governmental agency; (iii) federal or state laws relating to the interference with or obstruction of any investigation into any criminal offense described above in this paragraph; or (iv) criminal offenses under federal or state law relating to the unlawful manufacture, distribution, prescription or dispensing of a controlled substance. The Company, a Subsidiary, or an entity owned in whole or in part by the Company or a Subsidiary has a Medicare provider number, and a participating provider agreement in force with a Medicare Part B carrier, and materially meets all applicable Medicare conditions of coverage, in each locale, as applicable, in which the Company, such Subsidiary or such entity bills directly to Medicare for services furnished by the Company, such Subsidiary or such entity. The Company, a Subsidiary, or an entity owned in whole or in part by the Company or a Subsidiary has a Medicare provider number, and a participating provider agreem...
Medicare/Medicaid Participation. Neither (a) the Company nor any other Person who after the Closing will have a direct or indirect ownership interest of 5% or more (as those terms are defined in 42 C.F.R. Section 1001.1001(a)(2)) in the Company or any Subsidiary, or who will have an ownership or control interest (as defined in SSA Section 1124(a)(3) or any regulations promulgated thereunder) in the Company or any Subsidiary, or who will be an officer, director or managing employee (as defined in 42 C.F.R. Section 1001.1001(a)(1)) of the Company or any Subsidiary, or, to the Knowledge of the Company and any Subsidiary, any other employee or agent thereof, nor (b) any Person with any relationship with such entity (including, without limitation, a parent company of or partner in a Subsidiary) who after the Closing will have an indirect ownership interest of 5% or more (as that term is defined in 42 C.F.R. Section 1001.1001(a)(2)) in the Company or any Subsidiary: (i) has had a civil monetary penalty assessed against it under Section 1128A of the SSA or any regulations promulgated thereunder; (ii) has been excluded from participation under Medicare, Medicaid or a state health care program as defined in SSA Section 1128(h) or any regulations promulgated thereunder ("State Health Care Program") or a federal health care program as defined in SSA Section 1128B(f) ("Federal Health Care Program"); or (iii) has been convicted (as that term is defined in 42 C.F.R. Section 1001.2) of any of the following categories of offenses as described in SSA Section 1128(a) and (b)(1), (2), (3) or any regulations promulgated thereunder:
Medicare/Medicaid Participation. All services provided by the Company are certified for participation or enrollment in all Medicare and Medicaid programs, have a current and valid provider contract with the Medicare and Medicaid programs or other third party reimbursement source (inclusive of managed care organizations), are in compliance with the conditions of participation of such programs, and have received all approvals or qualifications necessary for capital reimbursement.
Medicare/Medicaid Participation. The Hospitals and all LSU Personnel who are medical providers are participating in or otherwise authorized to receive reimbursement from Medicare and Medicaid. All necessary certifications and contracts required for participation in such programs are in full force and effect and have not been amended or otherwise modified, rescinded, revoked or assigned and, to LSU’s Knowledge, no condition exists or event has occurred which in itself or with the giving of notice or the lapse of time or both would result in the suspension, revocation, impairment, forfeiture or non-renewal of any such third-party payer program, or the obligation to make any repayment with respect to any federal health care program. None of the LSU Personnel is an Excluded Provider.
Medicare/Medicaid Participation. None of the Sellers, the Entities, or any officer, director, or managing employee (as defined in SSA (S) 1126(b) or any regulations promulgated thereunder) of the Sellers or the Entities: (1) has had a civil monetary penalty assessed against him, her or it under (S) 1128A of the SSA or any regulations promulgated thereunder; (2) has been excluded from participation under the Medicare program or a state health care program as defined in SSA (S) 1128(h) or any regulations promulgated thereunder ("STATE HEALTH CARE PROGRAM") or a federal health care program as defined in SSA (S) 0000X(x) ("XXXXXXX HEALTH CARE PROGRAM"); or (3) has been convicted (as that term is defined in 42 C.F.R. (S) 1001.2) of any of the following categories of offenses as described in SSA (S) 1128(a) and (b)(1), (2), (3) or any regulations promulgated thereunder:
Medicare/Medicaid Participation. All services provided by the Seller for which Seller directly or indirectly receives payment under the Medicare or Medicaid programs are, to the extent required by law, certified for participation or enrollment in all Medicare and Medicaid programs, have a current and valid provider contract with the Medicare and Medicaid programs or other third party reimbursement source (inclusive of managed care organizations), are in compliance with the conditions of participation of such programs, and, to the extent required by law, have received all approvals or qualifications necessary for capital reimbursement, except for such certifications, contracts, compliances, approvals and qualifications which are set forth on Schedule 3.1(y) and which, individually or in the aggregate, would not have a Material Adverse Effect. Seller has delivered to Buyer true and complete copies of all Medicare and Medicaid compliance reports by the applicable licensing authority for any period after October 1, 1994 for each location of Seller for which there is a Medicare or Medicaid provider number.
Medicare/Medicaid Participation. (a) Neither Acquiror nor to the knowledge of Acquiror any other person who immediately prior to the Closing has a direct or indirect ownership interest (as those terms are defined in 42 C.F.R. Section 1001.1001(a)(2)) in Acquiror or any Acquiror Subsidiary, or who has an ownership or control interest (as defined in SSA Section 1124(a)(3) or any regulations promulgated thereunder) in Acquiror or any Acquiror Subsidiary, or who is an officer, director, agent (as defined in 42 C.F.R. Section 1001.1001(a)(2)), or managing employee (as defined in SSA Section 1126(b)) of Acquiror or any Acquiror Subsidiary, and to the knowledge of Acquiror and any Acquiror Subsidiary, no person with any relationship with such entity (including without limitation a parent company or shareholder of, or partner in any Acquiror Subsidiary) who immediately prior to the Closing will have an indirect ownership interest (as that term is defined in 42 C.F.R. Section 1001.1001(a)(2)) in Acquiror or any Acquiror Subsidiary: (1) has had a civil monetary penalty assessed against it under SSA Section 1128A; (2) has been excluded from participation under Medicare, Medicaid or any other State Health Care Program or Federal Health Care Program; (3) has been convicted (as that term is defined in 42 C.F.R. Section 1001.2) of any of the following categories of offenses as described in SSA Section 1128(a) and (b)(1), (2),
Medicare/Medicaid Participation. Neither (a) the Company, any of its Subsidiaries nor any other Person who after the Closing will have a direct or indirect ownership interest of five percent (5%) or more (as those terms are defined in 42 C.F.R. Section 1001.1001(a)(2)) in the Company or any of its Subsidiaries, or who will have an ownership or control interest (as defined in SSA Section 1124(a)(3) or any regulations promulgated thereunder) in the Company or any of its Subsidiaries, or who will be an officer, director or managing employee (as defined in 42 C.F.R. Section 1001.1001(a)(1)) of the Company or any of its Subsidiaries, or, to the knowledge of the Company, any other employee or agent thereof, nor (b) any Person with any relationship with such entity who after the Closing will have an indirect ownership interest of five percent (5%) or more (as that term is defined in 42 C.F.R. Section 1001.1001(a)(2)) in the Company, other than any entity in which institutional investors of the Company which may be deemed to control the Company are deemed to control such entity: (i) has had a civil monetary penalty assessed against it under Section 1128A of the SSA or any regulations promulgated thereunder; (ii) has been excluded from participation under a State Health Care Program or a Federal Health Care Program; or (iii) has been convicted (as that term is defined in 42 C.F.R. Section 1001.2) of any of the following categories of offenses as described in SSA Section 1128(a) and (b)(1), (2), (3) or any regulations promulgated thereunder:
Medicare/Medicaid Participation. CareOregon hereby represents and warrants that none of its employees, members, directors or officers, nor anyone who will provide Management Services to CCO pursuant to this Agreement, is presently debarred, suspended, proposed for debarment, declared ineligible, or excluded from participation in any federally funded health care program, including Medicare and Medicaid. CareOregon hereby agrees to immediately notify CCO of any threatened, proposed, or actual debarment, suspension, or exclusion from any federally funded health care program, including Medicare and Medicaid.
Medicare/Medicaid Participation. Neither the Company nor any existing officers or directors of the Company who (based on advice by Parent to the Company) is expected to be an officer, director, agent (as defined in 42 C.F.R. (S) 1001.1001(a)(2)), or managing employee (as defined in SSA (S) 1126(b) or any regulations promulgated thereunder) of the Company: (1) has had a civil monetary penalty assessed against it under (S) 1128A of the SSA or any regulations promulgated thereunder; (2) has been excluded from participation under the Medicare program or a state health care program as defined in SSA (S) 1128(h) or any regulations promulgated thereunder ("State Health Care Program") or a federal health care program as defined in SSA (S) 0000X(x) ("Xxxxxxx Health Care Program"); or (3) has been convicted (as that term is defined in 42 C.F.R. (S) 1001.2) of any of the following categories of offenses as described in SSA (S) 1128(a) and (b)(1), (2), (3) or any regulations promulgated thereunder:
