Permissible Relationships. The Members understand that the Company’s operations are subject to various state and federal laws regulating permissible relationships between the Members and entities such as the Company, including 42 U.S.C. § 1320a-7b(b) (the “Anti-Kickback Statute” or “Fraud and Abuse Statute”), and 42 U.S.C. § 1395nn (the “Xxxxx Act”). It is the intent of the parties that the Company operate in a manner consistent with the foregoing statutes.
Permissible Relationships. The Physician Limited Partners understand that the Partnership's operations are subject to various state and federal laws regulating permissible relationships between the Physician Limited Partners and entities such as the General Partner and the Partnership, including 42 U.S.C. ss. 1320a-7b(b) (the "ANTI-KICKBACK STATUTE" or "FRAUD AND ABUSE STATUTE"), and 42 U.S.C. ss. 1395nn (the "XXXXX ACT" or "XXXXX II"). It is the intent of the parties that the Partnership operate in a manner consistent with the foregoing statutes, fall within the Fraud and Abuse Statute safe harbors, and comply with the rural exception to the Xxxxx Act. Accordingly, each Physician Limited Partner represents and warrants, upon his, her or its investment herein and throughout the entire period of his, her or its ownership of Units, that he, she or it (i) has not received loans, or had loans guaranteed, for the purpose of investing in the Partnership from or by the Partnership, General Partner, nor any other investor in the Partnership, and that to his, her or its knowledge, the purchase price for the Units is not related to the previous or expected volume of referrals, services furnished or the amount of business otherwise generated by him, her or it; (ii) has not been excluded or suspended from participation in the Medicare and/or Medicaid programs; and (iii) shall treat patients receiving medical benefits or assistance under any Federal health care program in a nondiscriminatory manner. Each Potential Referring Limited Partner further represents and warrants that he, she or it, (i) upon his, her or its investment herein, has provided the Partnership a certified statement which sets forth all of the zip codes from which the Potential Referring Limited Partner derives his, her or its Medicare patients and the percentage of Medicare patients derived from each such zip code listed on such certified statement, and that such statement is true, accurate and complete; (ii) throughout the entire period of his, her or its ownership of Units, shall provide the Partnership, on a monthly basis, with certified statements setting forth all the zip codes from which the Potential Referring Limited Partner derives his, her or its Medicare patients and the percentage of Medicare patients derived from each such zip code; and (iii) throughout the entire period of his, her or its ownership of Units, shall fully inform each patient prior to referring such patient to the Center, in a manner compliant with ...
