Common use of Medicare/Medicaid Participation Clause in Contracts

Medicare/Medicaid Participation. Neither the Company, the Subsidiaries, any officer, director, or managing employee (as defined in SSA Section 1126(b) or any regulations promulgated thereunder) nor any member of Camelot Community Care: (x) have had a civil monetary penalty assessed against him, her or it under Section 1128A of the SSA or any regulations promulgated thereunder; (y) have been excluded from participation under the Medicare program 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 (z) have 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 Sections 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 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. Neither None of the CompanySellers, the SubsidiariesEntities, or any officer, director, or managing employee (as defined in SSA Section (S) 1126(b) or any regulations promulgated thereunder) nor any member of Camelot Community Carethe Sellers or the Entities: (x1) have has had a civil monetary penalty assessed against him, her or it under Section (S) 1128A of the SSA or any regulations promulgated thereunder; (y2) have has been excluded from participation under the Medicare program or a state health care program as defined in SSA Section (S) 1128(h) or any regulations promulgated thereunder ("State Health Care Program") or a federal health care program as defined in SSA Section 1128B(f(S) 0000X(x) ("Federal Xxxxxxx Health Care Program"); or (z3) have has been convicted (as that term is defined in 42 C.F.R. Section (S) 1001.2) of any of the following categories of offenses as described in SSA Sections (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 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. Neither None of the CompanySellers, the SubsidiariesEntities, or any officer, director, or managing employee (as defined in SSA Section (S) 1126(b) or any regulations promulgated thereunder) nor any member of Camelot Community Carethe Sellers or the Entities: (x1) have has had a civil monetary penalty assessed against him, her or it under Section (S) 1128A of the SSA or any regulations promulgated thereunder; (y2) have has been excluded from participation under the Medicare program or a state health care program as defined in SSA Section (S) 1128(h) or any regulations promulgated thereunder ("State Health Care Program") or a federal health care program as defined in SSA Section 1128B(f(S) 1128X(x) ("Federal Health Xxxxxxx Xxxlth Care Program"); or (z3) have has been convicted (as that term is defined in 42 C.F.R. Section (S) 1001.2) of any of the following categories of offenses as described in SSA Sections (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 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. Neither (a) To the Company's knowledge, none of the Company, any Subsidiary of the SubsidiariesCompany, or any existing officers or directors of the Company or the respective Subsidiary who (based on advice by Parent to the Company) 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) nor any member of Camelot Community Carethe Company or the respective Subsidiary: (x1) have has had a material civil monetary penalty assessed against him, her or it under Section 1128A of the SSA or any regulations promulgated thereunder; (y2) have has been excluded from participation under the Medicare program or a state health care program as defined in SSA Section 1128(h) or any regulations promulgated thereunder ("State Health Care Program") Program or a federal health care program as defined in SSA Section 1128B(f) ("Federal Health Care Program"); or (z3) have 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 Sections 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 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 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 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 clause (a); or or (viv) criminal offenses under federal or state law relating to the unlawful manufacture, distribution, prescription or dispensing of a controlled substance. (b) 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. (c) 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.