Common use of THIRD PARTY PAYERS Clause in Contracts

THIRD PARTY PAYERS. (a) The Company and any of its Subsidiaries that provide services that are reimbursed by Medicaid, Medicare or any other federal, state or other health care program sponsored, mandated or maintained by any Governmental Entity (“Government Programs”) are party to a valid provider Contract for payment by such Government Programs for the services provided by the Company and its Subsidiaries. The Company and its Subsidiaries have timely filed with each Governmental Program all cost reports, including any interim cost reports, and any similar filings required to be filed by it under applicable Laws in connection with its operations, and all such cost reports or similar filings comply in all material respects with such Laws. Neither the Company nor any of its Subsidiaries has received any notice of any pending or possible investigation of, or loss of participation in any Government Program by the Company or any of its Subsidiaries. All billing practices by the Company and its Subsidiaries to all third party payers, including the Government Programs and private insurance companies, have been true, fair and correct in all material respects and in material compliance with all applicable Laws, regulations and policies of all such third party payers. (b) The Company and its Subsidiaries have no material liabilities to any third party fiscal intermediary or carrier administering any Government Program, directly to the Government Programs or any Governmental Entity or to any other third party payer for the recoupment of any amounts previously paid to the Company or any Subsidiary by any such third party fiscal intermediary, carrier, Government Program or other third party payer. To the knowledge of the Company, there is no pending or threatened actions by any third party fiscal intermediary, carrier, Government Program or other third party payer to suspend payments to the Company or any Subsidiary.

THIRD PARTY PAYERS. (a) The Except as set forth on Schedule 3.31 of the Disclosure Schedule, where the Company and any of or its Subsidiaries that provide services that are reimbursed by MedicaidMedicare, Medicare Medicaid or any other federal, federal or state or other health care program sponsored, mandated or maintained by any Governmental Entity (the “Government Programs”) ), the Company and its Subsidiaries hold any and all material Permits for participation in, and are a party to a valid provider Contract agreement for payment by such Government Programs for the provision of services provided by the Company. The Company and its SubsidiariesSubsidiaries are in compliance in all material respects with all conditions of participation in and eligibility requirements for applicable Government Programs. The Company and its Subsidiaries have timely filed with each Governmental Program Authority all cost reports, including any interim cost reports, and any reports or similar filings required to be filed by it under applicable Laws federal and state law in connection with its operations, and all such cost reports or similar filings comply in all material respects with such Lawsapplicable legal requirements. Neither the Company nor any of its Subsidiaries has received any notice of any pending or possible investigation of, or loss of participation in any Government Program by by, the Company or any of its Subsidiaries. All billing practices by the Company and its Subsidiaries to all third party payers, including the Government Programs and private insurance companies, have been true, fair and correct in all material respects and in material compliance with all applicable Lawslaws, regulations and policies of all such third party payers. (b) The Company and its Subsidiaries have no material liabilities to any third party fiscal intermediary or carrier administering any Government Program, directly to the Government Programs or any Governmental Entity Authority or to any other third party payer for the recoupment of any amounts previously paid to the Company or any Subsidiary by any such third party fiscal intermediary, carrier, Government Program or other third party payer. To the knowledge of the Company, there is There are no pending or and, to the Knowledgeable Sellers’ Knowledge threatened actions by any third party fiscal intermediary, carrier, Government Program or other third party payer to suspend payments to the Company or any Subsidiary. (c) Except as would not be materially adverse to the Company and its Subsidiaries, taken as a whole, none of the Company, its Subsidiaries or any Seller has engaged in any activities which are grounds for civil penalties or mandatory or permissive exclusion from Medicare, Medicaid, or any other Government Programs, including the submission of any claim in connection with any referrals that violate any applicable self referral Law or applicable state or local/municipal statutes, including any applicable state anti-kickback Law or any state false claim or fraud claims. Except as would not be materially adverse to the Company and its Subsidiaries, taken as a whole, none of the Company, its Subsidiaries or any Seller has knowingly or willfully solicited, received, paid or offered to pay any illegal remuneration, directly or indirectly, overtly or covertly, in cash or in kind, for any referral in violation of any Law.