Payment Programs. Neither Seller, nor any of its officers or employees, nor, to the best knowledge of Seller, agents has received written notice that it is subject to any restriction or limitation on the receipt of payment under the Medicare or Medi-Cal programs, any other federally funded health care program or any other third party payor (collectively, the “Payment Programs”). Seller has valid and current provider agreements with the Payment Programs. Seller is in compliance in all material respects with the conditions of participation for the Payment Programs. Neither Seller, nor any of Seller’s officers or employees, nor, to the best knowledge of Seller, agents has received written notice that a Payment Program has requested or threatened any recoupment, refund or set-off from Seller, or imposed any fine, penalty or other sanction on Seller, nor has Seller been excluded from participation in a payment program. Seller has not submitted to a Payment Program any false or fraudulent claim for payment, nor has Seller at any time violated in any material respect any condition for participation, or any published rule, regulation, policy or standard of a Payment Program.
Payment Programs. All Company Payment Programs and provider numbers for each Company Payment Program are listed on Schedule 5.17. Company is a provider, in good standing, in each Company Payment Program. There is no pending, concluded or, to the knowledge of Company, threatened investigation, or civil, administrative or criminal proceeding relating to Company’s participation in any Payment Program, except as disclosed on Schedule 5.17. Company is not subject to, nor has it been subjected to, any pre-payment utilization review or other utilization review by any Payment Program. No Payment Program has requested or threatened any recoupment or set-off from Company and there is no basis therefor. Company has paid, repaid, allowed to be offset or caused to be paid all known and undisputed refunds, overpayments, discounts or adjustments. There are no pending appeals, challenges, audits, inquiries, litigation or notices of intent to audit with respect to any prior reports or xxxxxxxx. Except as disclosed on Schedule 5.17, during the last two (2) years Company has not been audited or otherwise examined by any Payment Program. No Payment Program has imposed a fine, penalty or other sanction on Company. Neither Company nor any of its Affiliates has been excluded from participation in any Payment Program. Company has not submitted to any Payment Program any false or fraudulent claim for payment, nor has Company at any time violated any condition for participation, or any rule, regulation, policy or standard of any Payment Program. All Medicare, Medicaid and third party reports and claims filed or required to be filed by or on behalf of Company have been timely filed and are complete and accurate in all respects. Such reports and claims properly claim and disclose all information and other items to be disclosed for the periods covered thereby. Neither Company nor any of Company’s Affiliates, directors, Members, officers, employees or agents, has directly or indirectly: (i) offered to pay to or solicited any remuneration from, in cash, property or in kind, or made any financial arrangements with, any past or present patient or customer, or physician, other health care provider, supplier, contractor, third party, or Payment Program in order to induce or directly or indirectly obtain business or payments from such person, including without limitation any item or service for which payment may be made in whole or in part under any federal, state or private health care program, or for purcha...
Payment Programs. Neither Seller, nor any of Target’s officers or employees, nor, to the best knowledge of Seller, Target’s agents has received written notice that it is subject to any restriction or limitation on the receipt of payment under the Medicare or Medicaid programs, any other federally funded health care program or any other third party payor (collectively, the “Payment Programs”). Target has valid and current provider agreements with the Payment Programs. Target is in compliance in all material respects with the conditions of participation for the Payment Programs. Neither Seller, nor any of Target’s officers or employees, nor, to the best knowledge of Seller, Target’s agents has received written notice that a Payment Program has requested or threatened any recoupment, refund or set-off from Target, or imposed any fine, penalty or other sanction on Target, nor has Target been excluded from participation in a Payment Program. Target has not submitted to a Payment Program any false or fraudulent claim for payment, nor has Target at any time violated in any material respect any condition for participation, or any published rule, regulation, policy or standard of a Payment Program.
Payment Programs. (a) All Payment Programs in which Sellers have participated at any time during the last three years are listed on Schedule 2.13(a)(i) (the “Seller Payment Programs”). Except as set forth on Schedule 2.13(a)(i), Sellers are participating providers, in good standing, in each Seller Payment Program. Except as set forth on Schedule 2.14(a), there is no pending or, to the Sellers’ Knowledge, threatened investigation, or civil, administrative or criminal proceeding relating to any Seller’s or any Seller Owners’ participation in any Payment Program nor have any such proceedings been concluded (since January 1, 2004 in the case of any notice of deficiency) that are material either individually or in the aggregate. Except as set forth on Schedule 2.13(a)(ii) and routine utilization review audits, no Seller is subject to, nor has it been subjected to at any time since January 1, 2004, any pre-payment utilization review or other utilization review by any Payment Program. Except as set forth on Schedule 2.13(a)(iii), no Payment Program has requested, or to the Knowledge of the Sellers or Seller Owners threatened, any recoupment, refund, or set-off from any Seller and there is no basis therefor. Except as set forth on Schedule 2.13(a)(iv), since January 1, 2000 no Payment Program has imposed a fine, penalty or other sanction on any Seller or any Seller Owner. Neither Sellers nor any Seller Owner, nor any current employee of any Seller or any Seller Owner has been excluded from participation in any Payment Program. Except as set forth on Schedule 2.13(a)(v), no Seller or Seller Owner has submitted to any Payment Program any false or fraudulent claim for payment, nor has any Seller or Seller Owner at any time violated any condition for participation, or any rule, regulation, policy or standard of, any Payment Program. All Medicare Cost Reports and cost reports required by any other Payment Program, including without limitation the Massachusetts Division of Health Care Finance and Policy (“DHCFP”) for all periods prior to the Closing Date have been accurately completed and timely filed in a manner consistent with the requirements concerning the same. Admissions to the Facilities and care provided therein have been conducted or rendered in accordance with the applicable screening, admission, and plan of care criteria of the applicable Payment Program.
Payment Programs. Section 3.23 of the Seller Disclosure Letter sets forth all Payment Programs in which Seller has participated at any time during the past six (6) years (the “Seller Payment Programs”). Seller is a participating supplier or provider, in good standing, in each of the Seller Payment Programs in which it currently participates. No civil, administrative or criminal proceedings relating to Seller’s participation in any Payment Program, are pending or, to the Knowledge of Seller, threatened or reasonably foreseeable, nor has any such proceeding concluded in the past six (6) years. Seller is not subject to, nor has Seller been subject to in the past six (6) years, any pre-payment utilization review or other utilization review by any Payment Program. No Payment Program is currently requesting or has requested in the past six (6) years or, to the Knowledge of Seller, is threatening or has in the past six (6) years threatened, any recoupment, refund, or set-off from Seller except for recoupments, refunds or set-offs received in the ordinary course of business. No Payment Program has imposed any fine, penalty or other sanction on Seller in the past six (6) years. Seller has not been suspended, excluded, or otherwise been the subject of adverse action taken by any Payment Program in the past six (6) years. Seller has not submitted to any Payment Program in the past six (6) years any false or fraudulent claims for payment, nor has Seller at any time violated any condition of participation, or any other rule, regulation, policy or standard of, any Payment Program.
Payment Programs. Schedule 2.14(a) sets forth an accurate and complete list of all Payment Programs under which Sellers are currently receiving any third party payment or reimbursement for goods or services offered by or with Sellers to patients or health care providers with respect to the conduct of the Business. Except as set forth in Schedule 2.14(b), during the past three (3) years, other than in the ordinary course of business, Sellers have not received written notice of any threatened or pending or concluded investigation of any civil, administrative or criminal proceeding relating to Sellers participation in any Payment Program that remains unresolved as of the Closing Date.
Payment Programs. To the extent that New Operator can demonstrate commercially reasonable efforts to qualify as providers, New Operator shall be satisfied, at their reasonable discretion, that they shall be able to enter into written participation agreements, effective as of the Closing and on terms and conditions consistent with the marketplace, with any of the current commercial third party payors holding an agreement with the Facility and consisting of more than five percent (5%) of the Facility gross revenue.
Payment Programs. All billing and collection practices of Seller and of any billing and/or collection agent acting on behalf of Seller are and have been in compliance with all Laws and the conditions for participation, contracts, standards, policies, rules, regulations, manuals, procedures and requirements of all Payment Programs. There is no audit, investigation, adverse action, or civil, administrative, or criminal proceeding pending or, to Seller’s Knowledge, threatened relating to participation in any Payment Program by Seller or any employed physician related to the period when any such physician was employed by Seller and to Seller’s Knowledge, there is no reasonable basis for any such adverse action by any Payment Program.
Payment Programs. All Company Payment Programs, including provider numbers, are listed on Schedule 5.21 of the Disclosure Schedule. Company or a Company Subsidiary, as applicable, is a participating provider, in good standing, in each Company Payment Program. There is no pending, concluded or, to the knowledge of Company, threatened investigation, or civil, administrative or criminal proceeding relating to participation by Company or any Company Subsidiary in any Payment Program, except as disclosed on Schedule 5.21 of the Disclosure Schedule. Except as set forth on Schedule 5.21 of the Disclosure Schedule, neither Company nor any Company Subsidiary is subject to, nor have any of them been subjected to, any pre-payment utilization review or other utilization review by any Payment Program. No Payment Program has requested or threatened in writing any recoupment or set-off from Company or any Company Subsidiary. Company or a Company Subsidiary has paid or repaid all known and undisputed refunds, overpayments, discounts or adjustments. Except as set forth on Schedule 5.21 of the Disclosure Schedule, there are no pending appeals, audits, litigation or notices from any Payment Program of intent to audit with respect to any prior reports or bixxxxxx. Except as disclosed on Schedule 5.21 of the Disclosure Schedule, since December 31, 2013, neither Company nor any Company Subsidiary has been audited by any Payment Program. Since December 31, 2013, no Payment Program has imposed a fine, penalty or other sanction on Company or any Company Subsidiary. None of Company, any Company Subsidiary, shareholder, employee or independent contractor has been excluded from participation in any Payment Program. Since December 31, 2013, all billing practices of the Company or any of the Company’s Subsidiaries have been conducted in compliance in all material respects with all applicable laws and the billing guidelines of the Payment Programs. All Medicare, Medicaid and third party reports and claims filed or required to be filed by or on behalf of Company or any Company Subsidiary have been timely filed and are complete and accurate in all material respects. Neither Company nor, to the knowledge of the Company, any of Company’s Affiliates, directors, officers, employees or agents has, directly or indirectly, (i) offered to pay to or solicited any remuneration from, in cash, property or in kind, or made any financial arrangements with, any past or present patient or customer, or physician, other hea...
Payment Programs. Except as set forth in Schedule 4.21, there are no pending, concluded in the last three (3) years or, to the knowledge of the Company, threatened investigations, or civil, administrative or criminal proceedings relating to the Company's or any of its Subsidiaries' participation in any payment program, including without limitation, Medicare, Medicaid, and private third party payors ("Payment Programs"). Neither the Company or any of its Subsidiaries is subject to, nor has the Company or any of its Subsidiaries been subjected to in the last three (3) years, any pre-payment utilization review or other utilization review by any Payment Program. Except as set forth in Schedule 4.21, no Payment Program is currently requesting or has requested in the last three (3) years or, to the knowledge of the Company, is threatening or has in the last three (3) years threatened any recoupment, refund, or set-off from the Company or any of its Subsidiaries in excess of $10,000. No Payment Program has imposed in the last three (3) years a fine, penalty or other sanction on the Company or any of its Subsidiaries. Neither the Company nor any of its Subsidiaries has been excluded in the last three (3) years from participation in any Payment Program.
