Common use of Medicare/Medicaid Participation Clause in Contracts

Medicare/Medicaid Participation. None of MDI, any Subsidiary of MDI, any Affiliate of MDI or any Subsidiary of MDI, or the officers or directors of MDI or any Subsidiary of MDI who is expected to be an office, 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 MDI, any Subsidiary of MDI or any Affiliate of MDI or any Subsidiary of MDI, to the knowledge of each such Person: (1) has had a civil monetary penalty assessed against him, her or it under (S) 1128A of the SSA or any regulations promulgated hereunder; (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) 1128B(f) ("FEDERAL HEALTH CARX XXXXXXX"); xx (0) 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: (i) criminal offenses relating to the delivery of an item or service under Medicare or any State Health Care Program or any Federal Health Care Program; (ii) criminal offenses under federal or state law relating to patient neglect or abuse in connection with the delivery of a health care item or service; (iii) 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 health care item or service or with respect to any act or omission in a program operated by or financed in whole or in party by any federal, state or local governmental agency; (iv) federal or state laws relating to the interference with or obstruction of any investigation into any criminal offense; or (v) criminal offenses under federal or state law relating to the unlawful manufacture, distribution, prescription or dispensing of a controlled substance.

Medicare/Medicaid Participation. None of MDIthe Sellers, any Subsidiary of MDIthe Entities, any Affiliate of MDI or any Subsidiary of MDI, or the officers or directors of MDI or any Subsidiary of MDI who is expected to be an officeofficer, 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 MDI, any Subsidiary of MDI the Sellers or any Affiliate of MDI or any Subsidiary of MDI, to the knowledge of each such PersonEntities: (1) has had a civil monetary penalty assessed against him, her or it under (S) 1128A of the SSA or any regulations promulgated hereunderthereunder; (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) 1128B(f0000X(x) ("FEDERAL XXXXXXX HEALTH CARX XXXXXXXCARE PROGRAM"); xx or (03) 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: (i) criminal offenses relating to the delivery of an item or service under Medicare or any State Health Care Program or any Federal Health Care Program; (ii) criminal offenses under federal or state law relating to patient neglect or abuse in connection with the delivery of a health care item or service; (iii) 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 health care item or service or with respect to any act or omission in a program operated by or financed in whole or in party part by any federal, state or local governmental agency; ; (iv) federal or state laws relating to the interference with or obstruction of any investigation into any criminal offense; or or (v) criminal offenses under federal or state law relating to the unlawful manufacture, distribution, prescription or dispensing of a controlled substance.

Medicare/Medicaid Participation. None (a) To the Company’s knowledge (for the purposes of MDIthis Section 3.20 only, any Subsidiary “knowledge” means the actual or imputed knowledge of MDIMxxx Xxxx Xxxxxxx or Rxxxxx Xxxxxx after due inquiry reasonable under the circumstances), any Affiliate none of MDI the Company, the Subsidiaries or any Subsidiary of MDItheir respective officers, directors or the officers or directors of MDI or any Subsidiary of MDI who is expected to be an office, director, agent (as defined in 42 C.F.R. (S) 1001.1001(a)(2)), or managing employee employees (as defined in SSA (S) § 1126(b) or any regulations promulgated thereunder): (x) of MDI, any Subsidiary of MDI or any Affiliate of MDI or any Subsidiary of MDI, to the knowledge of each such Person: (1) has have had a civil monetary penalty assessed against him, her or it under (S) § 1128A of the SSA or any regulations promulgated hereunderthereunder; (2y) has have 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"“State Health Care Program”) or a federal health care program as defined in SSA (S) § 1128B(f) ("FEDERAL HEALTH CARX XXXXXXX"“Federal Health Care Program”); xx or (0z) has have 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: (i) criminal offenses relating to the delivery of an item or service under Medicare or any State Health Care Program or any Federal Health Care Program; (ii) criminal offenses under federal or state law relating to patient neglect or abuse in connection with the delivery of a health care item or service; (iii) 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 health care item or service or with respect to any act or omission in a program operated by or financed in whole or in party part by any federal, state or local governmental agency; (iv) federal or state laws relating to the interference with or obstruction of any investigation into any criminal offense; or (v) criminal offenses under federal or state law relating to the unlawful manufacture, distribution, prescription or dispensing of a controlled substance.

Medicare/Medicaid Participation. None To the knowledge of MDIthe Company and each subsidiary, none of the Company, any Subsidiary of MDIits subsidiaries, any Affiliate of MDI existing or any Subsidiary of MDI, or the designated officers or directors of MDI the Company or the respective subsidiary, any Subsidiary of MDI who is expected to be an office, director, agent (as defined in 42 C.F.R. (S) Section 1001.1001(a)(2))) acting on behalf of the Company, or managing employee (as defined in SSA (S) Section 1126(b) or any regulations promulgated thereunder) acting on behalf of MDI, any Subsidiary of MDI or any Affiliate of MDI or any Subsidiary of MDI, to the knowledge of each such PersonCompany: (1) has had a material civil monetary penalty assessed against him, her or it under (S) Section 1128A of the SSA or any regulations promulgated hereunderthereunder; (2) has been excluded from participation under the Medicare program or a federal or state health care program as defined in SSA healthcare program; or (S) 1128(h) or any regulations promulgated thereunder ("STATE HEALTH CARE PROGRAM") or a federal health care program as defined in SSA (S) 1128B(f) ("FEDERAL HEALTH CARX XXXXXXX"); xx (03) has been convicted (as that term is in defined in 42 C.F.R. (S) Section 1001.2) of any of the following categories of offenses as described in SSA (S) 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 State Health Care Program federal or any Federal Health Care Program; state healthcare program; (ii) criminal offenses under federal or state law relating to patient neglect or abuse in connection with the delivery of a health care healthcare item or service; (iii) ; 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 health care healthcare item or service or with respect to any act or omission in a program operated by or financed in whole or in party part by any federal, state or local governmental agency; ; (iviii) federal or state laws relating to the interference with or obstruction of any investigation into any criminal offenseoffense described above in this paragraph; or or (viv) 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 materially meets all applicable Medicare conditions of participation, 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 Medicaid provider number, and a participating provider agreement, and materially satisfies all applicable Medicaid conditions of coverage, in each state, as applicable, in which the Company, such subsidiary, or such other entity bills directly to such state's Medicaid agency for services provided by the Company, such subsidiary, or such other entity for Medicaid patients. The Company, the Guarantors and their officers and directors, and persons who provide professional services under agreements with the Company and the employees of the subsidiaries of the Company have not, on behalf of the Company, knowingly and willfully, except where, individually or in the aggregate, it would not reasonably be expected to result in a Material Adverse Change: (i) made or caused to be made a false statement or representation of a material fact in any application for any benefit or payment; (ii) made or caused to be made any false statement or representation of a material fact for use in determining rights to any benefit or payment; (iii) presented or caused to be presented a claim for reimbursement under Medicare, Medicaid or other federal or state healthcare program that is (A) for an item or service that the person presenting or causing to be presented knows or should know was not provided as claimed, or (B) for an item or service and the person presenting knows or should know that the claim is false or fraudulent; (iv) failed to disclose knowledge of the occurrence of any event affecting the initial or continued right of a claimant to any benefit or payment on its own behalf or on behalf of another, with intent to fraudulently secure such benefit or payment in a greater amount or quantity than is due or when no such benefit or payment is authorized if such event results in an improper benefit to the Company; or (v) made or caused to be made or induced or sought to induce the making of any false statement or representation (or knowingly and willfully omitted to state a fact required to be stated therein or necessary to make the statements contained therein not misleading) of a material fact with respect to (a) the conditions or operations of a facility in order that the facility may qualify for Medicare, Medicaid or other federal or state healthcare program certification, or (b) information required to be provided under Section 1124A of the Social Security Act (42 U.S.C. Section 1320a-3a). To the knowledge of the Company and the Guarantors, there are no Medicare or Medicaid recoupment or recoupments of any other third-party payor being sought, threatened, requested or claimed against the Company or any Subsidiary that could reasonably be expected to result in a Material Adverse Change.

Medicare/Medicaid Participation. None To the knowledge of MDIHoldings, the Company and each Subsidiary, none of the Company, any Subsidiary of MDIits Subsidiaries, any Affiliate of MDI or any Subsidiary of MDI, or the existing officers or directors of MDI the Company or any the respective Subsidiary of MDI who is expected to be an officeofficer, director, agent (as defined in 42 C.F.R. (S) Section 1001.1001(a)(2)), or managing employee (as defined in SSA (S) Section 1126(b) or any regulations promulgated thereunder) of MDI, any Subsidiary of MDI the Company or any Affiliate of MDI or any Subsidiary of MDI, to the knowledge of each such Personrespective Subsidiary: (1) has had a material civil monetary penalty assessed against him, her or it under (S) Section 1128A of the SSA or any regulations promulgated hereunderthereunder; (2) has been excluded from participation under the Medicare program or a federal or state health care program as defined in SSA program; or (S) 1128(h) or any regulations promulgated thereunder ("STATE HEALTH CARE PROGRAM") or a federal health care program as defined in SSA (S) 1128B(f) ("FEDERAL HEALTH CARX XXXXXXX"); xx (03) has been convicted (as that term is in defined in 42 C.F.R. (S) Section 1001.2) of any of the following categories of offenses as described in SSA (S) 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 State Health Care Program federal or any Federal Health Care Program; 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 health care healthcare item or service; (iii) ; 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 health care healthcare item or service or with respect to any act or omission in a program operated by or financed in whole or in party part by any federal, state or local governmental agency; ; (iviii) federal or state laws relating to the interference with or obstruction of any investigation into any criminal offenseoffense described above in this paragraph; or or (viv) 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 agreement, and materially satisfies all applicable Medicaid conditions of coverage, in each state, as applicable, in which the Company, such Subsidiary, or such other entity bills directly to such state’s Medicaid agency for services provided by the Company, such Subsidiary, or such other entity for Medicaid patients.