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. As of the date of this Agreement, except as set forth in Section 4.03 of the Company Disclosure Letter, the Company and each Subsidiary meets, or is actively engaged in remediating issues identified through ordinary course surveys or audits (as they relate to Company Payment Programs), the applicable material requirements of participation, coverage, and enrollment for, and where applicable, are parties to valid supplier or participation agreements related to all Government Reimbursement Programs and Third Party Payor Programs (collectively, “Company Payment Programs”) in which the Company and each Subsidiary participates in connection with the Homecare Business, in whole or in part, except as would not reasonably be expected to have, individually or in the aggregate, a Homecare Material Adverse Effect. As of the date of this Agreement, to the Knowledge of the Company, and other than ordinary course surveys, audits or denials, neither the Company nor any Subsidiary has received any written notice of any action pending by any Company Payment Program, either to revoke, limit, or terminate the participation for cause of the Company or any of the Subsidiaries in any Company Payment Program. Other than ordinary course surveys or audits (as they relate to Company Payment Programs), to the Knowledge of the Company, no event has occurred which, with the giving of notice, the passage of time, or both, would constitute grounds for termination in the participation of the Company or any of its Subsidiaries with respect to the Homecare Business in any Company Payment Program. The Company Payment Programs to which the Company or any Subsidiary is a party constitute valid and binding obligations on the Company or its applicable Subsidiaries who are parties thereto, enforceable against it in accordance with its terms. Other than ordinary course surveys or audits (as they relate to Company Payment Programs), neither the Company nor any Subsidiary has received notice of default of any material provision under any Company Payment Program and, to the Knowledge of Company and each Subsidiary, the other parties thereto are not in default of any material provision thereunder, except as would not reasonably be expected to have, individually or in the aggregate, a Homecare Material Adverse Effect. Other than ordinary course audits, surveys or payment adjustments, to the Knowledge of the Company, there is no pending, concluded or threatened civil, administrative or criminal proceedi...
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. All payment programs in which the Existing Operator participates are listed on Schedule 3.1(b)(xiv) (collectively, the “Payment Programs”). Except as set forth on Schedule 3.1(b)(xiv), Existing Operator is a participating provider, in good standing, in compliance with the conditions of participation of the Payment Programs in which they participate with valid and current provider agreements. Except as identified on Schedule 3.1(b)(xiv), each such provider agreement may not be transferred to New Operator without consent of the counterparty. Except as set forth on Schedule 3.1(b)(xiv), there is no pending or to Existing Operator’s knowledge, threatened investigation, or civil, administrative proceeding relating to participation in any Payment Program nor have any such proceedings been concluded since August 1, 2020 that are material either individually or in the aggregate. Except as set forth on Schedule 3.1(b)(xiv), Existing Operator and the Facility are not subject to, nor has been subjected to at any time since August 1, 2020, any utilization review by any Payment Program. Except as set forth on Schedule 3.1(b)(xiv), since August 1, 2020, no Payment Program has requested or threatened, any recoupment, refund, or set-off from Existing Operator or Facility. Except as set forth on Schedule 3.1(b)(xiv) since August 1, 2020 no Payment Program has imposed a fine, penalty or other sanction on Existing Operator or the Facility. Neither Existing Operator nor any current employee of Existing Operator have been excluded from participation in any Payment Program. Existing Operator has not hired or contracted with any person or entity that is listed as “excluded” on the United States Office of the Inspector General or the HFR website. To Existing Operator’s knowledge, Existing Operator has not submitted to any Payment Program any false or fraudulent claim for payment, nor has Existing Operator at any time violated any condition for participation, or any rule, regulation, policy or standard of, any Payment Program, the violation of which would be materially adverse to Existing Operator or the Facility. All billing practices of Existing Operator with respect to the business and the Facility have been in compliance with all applicable laws and policies of each Payment Programs in all material respects. Existing Operator has not received notice or communication that Existing Operator has billed or received any payment or reimbursement in excess of amounts permitted by app...
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.
Payment Programs. Please call us if you would like to obtain additional information about whether you qualify for any of our payment plans such as our automated bank draft arrangements.
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. 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 Payment Programs in which the Company participates are listed in Section 3.1(z) of the Disclosure Schedule (the “Company Payment Programs”). As of the date of this Agreement, the Company is participating, in good standing, in the Company Payment Programs and is in compliance in all material respects with the regulations, rules, and other requirements of participation in the Company Payment Programs. There are no pending or, to the Knowledge of the Company, threatened Actions relating to the Company’s participation in any Payment Program. The Company is not subject to any pre-payment review or other utilization review by any Payment Program. No Payment Program has requested or threatened any recoupment, refund, or set-off from the Company, and there is no basis therefor, except with respect to recoupments and refunds in the ordinary course of business. No Payment Program has imposed a fine, penalty, or other sanction on the Company. The Company has not been excluded from participation in any Payment Program. All billing practices of the Company and all predecessors in interest thereof with respect to all Payment Programs have been true, fair, and correct and in compliance with all Applicable Laws, and all regulations and policies of all such Payment Programs, and the Company has not billed for or received any payment or reimbursement in excess of amounts permitted by law or the rules and regulations of Payment Programs or contracts therewith.
Payment Programs. Section 3.25 of the Company Disclosure Schedule sets forth all Payment Programs in which the Company has participated at any time during the past five (5) years (the “Company Payment Programs”). The Company is a participating provider, in good standing, in each of the Company Payment Programs. No civil, administrative or criminal proceedings relating to the Company’s participation in any Payment Program, are pending or, to the knowledge of the Company, threatened or reasonably foreseeable, nor has any such proceeding concluded in the past five (5) years. The Company is not subject to, nor has the Company been subject to in the past five (5) 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 five (5) years or, to the knowledge of the Company, is threatening or has in the past five (5) years threatened any recoupment, refund, or set-off from the Company in excess of $5,000. No Payment Program has imposed any fine, penalty or other sanction on the Company in the past five (5) years. The Company has not been excluded in the past five (5) years from participation in any Payment Program. The Company has not submitted to any Payment Program any false or fraudulent claim for payment.
