Methodist Medical Associates and MMA Physicians Operations. (a) To the best of Methodist Medical Associates' knowledge and belief, Methodist Medical Associates Facilities and MMA Physicians have operated in compliance with all federal, state, county and municipal laws, ordinances and regulations applicable thereto and neither Methodist Medical Associates nor any of the MMA Physicians has received payment or any remuneration whatsoever to induce or encourage the referral of patients or the purchase of goods and/or services as prohibited under 42 U.S.C. Section 1320a-7b(b), or otherwise perpetrated any Medicare or Medicaid fraud or abuse, nor has any fraud or abuse been alleged within the last five (5) years by any Governmental Authority, a carrier or a third-party payor.
(b) Methodist Medical Associates Facilities and MMA Physicians are presently participating in or otherwise authorized to receive reimbursement from or is a party to Medicare, Medicaid, and certain other third-party payor programs. To the best knowledge of Methodist Medical Associates after reasonable inquiry, 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for participation in such programs are in full force and effect and have not been amended or otherwise modified, rescinded, revoked or assigned as of the date hereof, and no condition exists or event has occurred which in itself or with the giving of notice or the lapse of time or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 payor program. To the knowledge of Methodist Medical Associates, Methodist Medical Associates Facilities and MMA Physicians are in material compliance with the requirements of all such third-party payor programs applicable thereto.
(c) Methodist Medical Associates Facilities and MMA Physicians and persons and entities providing professional services for Methodist Medical Associates Facilities and MMA Physicians, have not, to the knowledge of Methodist Medical Associates, after reasonable inquiry, engaged in any activities which are prohibited by or are in violation of the rules, regulations, policies, contracts or laws pertaining to any third-party payor program, or which are prohibited by rules of professional conduct ("Governmental Rules and Regulations"), including but not limited to the following: (a) knowingly and willfully making or causing to be made a false statement or representation of a material fact in any application for any benefit or payment; (b) knowingly and willfully making or causing to be...
