Common use of Third Party Payor Cost Reports Clause in Contracts

Third Party Payor Cost Reports. Each Acquired Entity duly filed in a timely manner all required cost reports for all the fiscal years through and including the fiscal year ended December 31, 2003. The required cost reports for the fiscal year ended December 31, 2004 will be filed on or before their due date, including any extensions thereof. Except as set forth on Schedule 3.29, all of the cost reports filed by each Acquired Entity accurately reflect in the information required to be included thereon and do not claim, and no Acquired Entity has received, reimbursement in any amount in excess of the amounts allowed by applicable Law or any applicable agreement, except where the receipt of such reimbursement would not reasonably be expected to result in a Material Adverse Effect. Schedule 3.29 attached hereto accurately indicates which cost reports have not been audited and finally settled and a brief description of any and all notices of program reimbursement, proposed or pending audit adjustments, disallowances, and any and all other unresolved claims or disputes in respect of the cost reports. Except as set forth on Schedule 3.29 and to the Knowledge of Seller, there are no facts or circumstances which give rise to any disallowance under any such cost reports which would reasonably be expected to result in a Material Adverse Effect.

Third Party Payor Cost Reports. Seller duly filed in a timely manner all required “home office” cost reports for all fiscal years through and including the fiscal year ended December 31, 2004. Each Acquired Entity duly filed in a timely manner all required cost reports for all the fiscal years through and including the fiscal year ended December 31, 2003. The required cost reports for the fiscal year ended December 31, 2004 will be filed on or before their due date, including any extensions thereof2004. Except as set forth on Schedule 3.29, all of the cost reports filed by each Acquired Entity accurately reflect in the information required to be included thereon and do not claim, and no Acquired Entity has received, reimbursement in any amount in excess of the amounts allowed by applicable Law or any applicable agreement, except where the receipt of such reimbursement would not reasonably be expected to result in a Material Adverse EffectContract. Schedule 3.29 attached hereto accurately indicates which cost reports have not been audited and finally settled and a brief description of any and all commenced or scheduled cost report audits, notices of program reimbursement, proposed or pending audit adjustments, disallowances, and any and all other unresolved claims or disputes in respect of the cost reports, including, without limitation, any notice to re-open audited cost reports issued by a fiscal intermediary or which Seller has reason to believe may be issued. Except as set forth on Schedule 3.29 and to the Knowledge of Seller, there are no facts or circumstances which give rise to any disallowance under any such cost reports which would could reasonably be expected to result in a Material Adverse Effect.

Third Party Payor Cost Reports. Seller duly filed in a timely manner all required “home office” cost reports for all fiscal years through and including the fiscal year ended December 31, 2004. Each Acquired Entity duly filed in a timely manner all required cost reports for all the fiscal years through and including the fiscal year ended December 31, 2003. The required cost reports for the fiscal year ended December 31, 2004 will be filed on or before their due date, including any extensions thereof2004. Except as set forth in item (a) on Schedule 3.29, all of the cost reports filed by each Acquired Entity accurately reflect in the information required to be included thereon and do not claim, and no Acquired Entity has received, reimbursement in any amount in excess of the amounts allowed by applicable Law or any applicable agreement, except where the receipt of such reimbursement would not reasonably be expected to result in a Material Adverse EffectContract. Item (b) on Schedule 3.29 attached hereto accurately indicates which cost reports have not been audited and finally settled and a brief description of any and all commenced or scheduled cost report audits, notices of program reimbursement, proposed or pending audit adjustments, disallowances, and any and all other unresolved claims or disputes in respect of the cost reports, including, without limitation, any notice to re-open audited cost reports issued by a fiscal intermediary or which Seller has reason to believe may be issued. Except as set forth in item (c) on Schedule 3.29 and to the Knowledge of Seller, there are no facts or circumstances which give rise to any disallowance under any such cost reports which would could reasonably be expected to result in a Material Adverse Effect.