Common use of No Medicare and Medicaid Exclusion Clause in Contracts

No Medicare and Medicaid Exclusion. Except as set forth in Section 3.18(b) of the Disclosure Letter, since January 1, 2005, (i) no current employees, officers or agents of the Company, any Division Subsidiary, or, to Seller's Knowledge, any Minority Interest Division Entity, have (A) been convicted of, charged with or investigated for a Medicare, Medicaid or other federal health care program (as defined in 42 U.S.C. § 1320a-7b(f) (the "Federal Health Care Program")) related offense, or convicted of, charged with or investigated for a violation of federal or state Law relating to fraud, theft, embezzlement, breach of fiduciary responsibility, financial misconduct, obstruction of an investigation or controlled substances, (B) been excluded or suspended from participation in Medicare, Medicaid or any other Federal Health Care Program, or have been disbarred, suspended or are otherwise ineligible to participate in federal programs, or (C) committed any offense which may reasonably serve as the basis for any such exclusion, suspension, disbarment or other ineligibility, and (ii) Seller has not arranged or contracted with any individual or entity that is suspended, excluded or disbarred from participation in, or otherwise ineligible to participate in, a Federal Health Care Program, except, in each case, for any such non-compliance which would not, individually or in the aggregate, reasonably be expected to result in a Material Adverse Effect.

No Medicare and Medicaid Exclusion. Except as set forth in Section 3.18(b) of the Disclosure Letter, since January 1, 2005, (i) no current employees, officers or agents neither the Company nor any Division Entity has (A) had a civil monetary penalty assessed against it under Section 1128A of the Company, Social Security Act or any Division Subsidiary, or, to Seller's Knowledge, any Minority Interest Division Entity, have regulations promulgated thereunder; (AB) been convicted of, charged with with, indicted or investigated for a Medicare, Medicaid or other federal health care program Federal Health Care Program (as defined in 42 U.S.C. § 1320a-7b(f) (the "Federal Health Care Program")) related offense, or convicted of, charged with with, indicted or investigated for a violation of federal or state Law law relating to fraud, theft, embezzlement, breach of fiduciary responsibility, financial misconduct, obstruction of an investigation or controlled substances, (BC) been excluded or suspended from participation in Medicare, Medicaid or any other Federal Health Care Program, or have been disbarred, suspended or are otherwise ineligible to participate in federal programs, or (CD) committed any offense which may reasonably serve as the basis for any such exclusion, suspension, disbarment or other ineligibility, and (ii) Seller has not arranged or contracted with any individual or entity that is suspended, excluded or disbarred from participation in, or otherwise ineligible to participate in, a Federal Health Care Program, except, in each case, for any such non-compliance which would not, individually or in the aggregate, reasonably be expected to result in a Material Adverse Effect.

No Medicare and Medicaid Exclusion. Except as set forth in Section 3.18(b3.19(c) of the Disclosure Letter, since January 1, 2005, : (i) no current employees, officers or agents of the Company, Company or any Division Subsidiary, or, to Seller's Knowledge, any Minority Interest Division Entity, Entity have (A) been convicted of, charged with or investigated for a Medicare, Medicaid or other federal health care program Federal Health Care Program (as defined in 42 U.S.C. § 1320a-7b(f) (the "Federal Health Care Program")) related offense, or convicted of, charged with or investigated for a violation of federal or state Law law relating to fraud, theft, embezzlement, breach of fiduciary responsibility, financial misconduct, obstruction of an investigation or controlled substances, (B) been excluded or suspended from participation in Medicare, Medicaid or any other Federal Health Care Program, or have been disbarred, suspended or are otherwise ineligible to participate in federal programs, or (C) committed any offense which may reasonably serve as the basis for any such exclusion, suspension, disbarment or other ineligibility, and (ii) Seller has not arranged or contracted with any individual or entity that is suspended, excluded or disbarred from participation in, or otherwise ineligible to participate in, a Federal Health Care Program, except, in each case, for any such non-compliance which except as would not, individually or in the aggregate, reasonably be expected to result in have a Material Adverse Effect.. DIAGNOSTIC DIVISION-GORES

No Medicare and Medicaid Exclusion. Except as set forth in Section 3.18(b) of the Disclosure Letter, since January 1, 2005, (i) no current employees, officers or agents neither the Company nor any Division Entity has (A) had a civil monetary penalty assessed against it under Section 1128A of the Company, Social Security Act or any Division Subsidiary, or, to Seller's Knowledge, any Minority Interest Division Entity, have regulations promulgated thereunder; (AB) been convicted of, charged with with, indicted or investigated for a Medicare, Medicaid or other federal health care program Federal Health Care Program (as defined in 42 U.S.C. § ss. 1320a-7b(f) (the "Federal Health Care Program")) related offense, or convicted of, charged with with, indicted or investigated for a violation of federal or state Law law relating to fraud, theft, embezzlement, breach of fiduciary responsibility, financial misconduct, obstruction of an investigation or controlled substances, (BC) been excluded or suspended from participation in Medicare, Medicaid or any other Federal Health Care Program, or have been disbarred, suspended or are otherwise ineligible to participate in federal programs, or (CD) committed any offense which may reasonably serve as the basis for any such exclusion, suspension, disbarment or other ineligibility, and (ii) Seller has not arranged or contracted with any individual or entity that is suspended, excluded or disbarred from participation in, or otherwise ineligible to participate in, a Federal Health Care Program, except, in each case, for any such non-compliance which would not, individually or in the aggregate, reasonably be expected to result in a Material Adverse Effect.