Common use of Non-Exclusion Clause in Contracts

Non-Exclusion. Company represents and warrants that neither it nor any of its employees, directors, officers, equity owners, personnel, subcontractors or agents under this Agreement (collectively, “Company Personnel”) are excluded from participation, or are otherwise ineligible to participate, in a “federal health care program” (as defined in 42 USC §1320a- 7b(f)) or in any other government payment program, and that no such action is pending. Company will assess the status of the Company Personnel prior to hire or contracting and on a monthly basis thereafter as required by the United States Department of Health and Human Licensed Services or the Centers for Medicare and Medicaid Licensed Services. Company will notify Saint Luke’s in writing within three days of either of the following: (a) the discovery of any debarment, exclusion, suspension or other event that makes Company or any Company Personnel ineligible to participate in a federal health care program or any other government payment program; or (b) any conviction of Company or any of the Company Personnel of a criminal offense that falls within the scope of 42 USC §1320a-7(a), even if they have not yet been excluded, debarred, suspended or otherwise declared ineligible. Such notice will contain reasonably sufficient information to allow Saint Luke’s to determine the nature of any sanction. Company will be responsible for any and all expenses and lost revenue incurred by Saint Luke’s as a result of Company’s failure to screen or to notify Saint Luke’s of any such occurrence. Company will also be responsible for any and all related expenses and lost revenue directly or indirectly caused by Company’s failure to identify excluded individuals, including reimbursement of Saint Luke’s for any amounts Saint Luke’s is required to repay to any federal health care program or any amounts that Saint Luke’s is unable to xxxx for reimbursement because of the involvement of an excluded individual in the provision of the Services. If Company is in breach of this Section or upon the occurrence of such exclusion, debarment, suspension or conviction of Company or any Company Personnel, whether or not notice is given, Saint Luke’s may immediately terminate this Agreement.

Non-Exclusion. Company represents and warrants that neither it nor any of its employees, directors, officers, equity owners, personnel, subcontractors or agents under this Agreement (collectively, “Company Personnel”) are excluded from participation, or are otherwise ineligible to participate, in a “federal health care program” (as defined asdefined in 42 USC §1320a- 7b(f1320a-7b(f)) or in any other government payment program, and that no such action is pending. Company will assess the status of the Company Personnel prior to hire or contracting and on a monthly basis thereafter as required by the United States Department of Health and Human Licensed Services or the Centers for Medicare and Medicaid Licensed Services. Company will notify Saint Luke’s in writing within three days of either of the following: (a) the discovery of any debarment, exclusion, suspension or other event that makes Company or any Company Personnel ineligible to participate in a federal health care program or any other government payment program; or (b) any conviction of Company or any of the Company Personnel of a criminal offense that falls within the scope of 42 USC §1320a-7(a), even if they have not yet been excluded, debarred, suspended or otherwise declared ineligible. Such notice will contain reasonably sufficient information to allow Saint Luke’s to determine the nature of any sanction. Company will be responsible for any and all expenses and lost revenue incurred by Saint Luke’s as a result of Company’s failure Company’sfailure to screen or to notify Saint Luke’s of Luke’sof any such occurrence. Company will also be responsible for any and all related expenses and lost revenue directly or indirectly caused by Company’s failure to identify excluded individuals, including reimbursement of Saint Luke’s for any amounts Saint Luke’s is required to repay to any federal health care program or any amounts that Saint Luke’s is Luke’sis unable to xxxx bill for reimbursement because of the involvement of an excluded individual in the provision of the Services. If Company is in breach of this Section or upon the occurrence of such exclusion, debarment, suspension or conviction of Company or any Company Personnel, whether or not notice is given, Saint Luke’s may immediately terminate this Agreement.