Cost Report Matters. Sellers, at their expense, shall prepare and timely file all terminating and other cost reports required or permitted by law to be filed under the Medicare and Medicaid or other third party payor programs and the State Health Agency for periods ending on or prior to the Effective Time, or as a result of the consummation of the transactions described herein (“Seller Cost Reports”). For cost reporting periods ending after the Effective Time, Buyer agrees to include a separate and distinct listing of allowable Medicare bad debts with dates of service on or prior to the Effective Time provided by Sellers within ninety (90) days of the cost report year end which have been deemed uncollectible after the Effective Time, and on which Buyer agrees to request a distinct sample and audit for processing of the NPR. Sellers agree to provide any and all supporting documentation to Buyer during any audits by the Medicare Administrative Contactor (MAC), and Sellers will also provide a determination to Buyer of the final audited allowed Medicare bad debts by the MAC before finalization of the NPR. Buyer agrees to remit the net allowed and settled Medicare bad debts of Sellers within five (5) business days of the NPR date of each impact annual cost report. Buyer shall forward to Sellers any and all correspondence relating to the Seller Cost Reports within five (5) business days after receipt by Buyer. Buyer shall remit any receipts of funds relating to the Seller Cost Reports within five (5) business days after receipt by Buyer and shall forward to Sellers any demand for payments within three (3) business days after receipt by Buyer. Sellers shall retain all rights to the Seller Cost Reports including any amounts receivable or payable in respect of such reports or reserves relating to such reports. Such rights shall include the right to appeal any Medicare or Medicaid determinations relating to the Seller Cost Reports. Sellers shall retain the originals of the Seller Cost Reports, correspondence, work papers and other documents relating to the Seller Cost Reports. Sellers will furnish copies of such cost reports to Buyer at least five (5) business days prior to filing.
Cost Report Matters. (a) Purchaser shall forward to the Seller Representative any and all correspondence received by Purchaser relating to the Seller Cost Reports or rights to settlements and retroactive adjustments on Seller Cost Reports (“Agency Settlements”), within ten (10) business days of receipt by Purchaser. Purchaser shall not reply to any such correspondence without the Seller Representative’s written approval. Within ten (10) business days after receipt by Purchaser, Purchaser shall remit or forward to the Seller Representative any receipts relating to the Seller Cost Reports or the Agency Settlements and any demand for payments. Sellers shall retain all rights to Seller Cost Reports including any payables resulting therefrom or receivables relating thereto and the right to appeal any Medicare determinations relating to the Agency Settlements and Seller Cost Reports.
Cost Report Matters. (a) Purchaser shall forward to Seller any and all correspondence relating to the Seller Cost Reports or rights to settlements and retroactive adjustments on Seller Cost Reports (“Agency Settlements”) within five (5) business days of receipt by Purchaser. Purchaser shall not reply to any such correspondence without Seller’s written approval. Purchaser shall remit any receipts relating to the Seller Cost Reports or the Agency Settlements within five (5) business days after receipt by Purchaser and will forward any demand for payments within five (5) business days. Purchaser (and its successors-in-interest, assigns and Affiliates) shall have neither the right to offset amounts payable to Seller under this Section 11.2 against, nor the right to contest its obligation to transfer, assign and convey to Seller because of, outstanding claims, liabilities or obligations asserted by Purchaser against Seller including pursuant to the indemnification provisions of Section 10.2. Seller shall retain all rights to Seller Cost Reports including, without limitation, any payables resulting therefrom or receivables relating thereto and the right to appeal any Medicare determinations relating to the Agency Settlements and Seller Cost Reports.
Cost Report Matters. (a) Seller Cost Reports.
Cost Report Matters. (a) The Seller shall prepare and timely file all Cost Reports with respect to the Transferred Facilities relating to the periods ending on or prior to the applicable Closing Dates, including those relating to Medicare and other third-party payors that settle on a cost basis (the “Seller Cost Reports”), including all termination Cost Reports with respect to the Transferred Facility relating to the periods ending prior to Closing Date (“Termination Cost Reports”). The Termination Cost Reports shall be filed by the Seller in a manner consistent with (i) prior Cost Reports filed by the Seller with respect to the Transferred Facility, and (ii) applicable Law. At least ten (10) Business Days prior to the filing of any Seller Cost Reports or Termination Cost Reports, the Seller shall forward them to the Purchaser for its review. The Purchaser shall provide any comments to such Seller Cost Reports and Termination Cost Reports within five (5) Business Days of receipt of such Seller Cost Reports or Termination Cost Reports. The Purchaser shall forward to the Seller any and all correspondence that it may receive relating to the Seller Cost Reports or Termination Cost Report or rights to settlements and retroactive adjustments on the Seller Cost Reports or Termination Cost Reports (“Agency Settlements”)
Cost Report Matters. 54 ARTICLE 14 MISCELLANEOUS PROVISIONS 14.1.... Further Assurances and Cooperation.................................................................................. 55 14.2.... Successors and Assigns...................................................................................................... 55
Cost Report Matters. (a) After the Effective Date, the Sellers shall timely file all Medicare, Medicaid, TRICARE, Blue Cross and any other termination cost reports required to be filed as a result of the consummation of (a) the transfer of the Acquired Assets to the Purchasers and (b) the transactions contemplated by this Agreement (the “Seller Cost Reports”). All such termination cost reports shall be filed by the Sellers in a manner that is consistent with the then current laws, rules and regulations. The Sellers will be solely responsible, financially and otherwise, for the contents of all such termination cost reports (and related claims and documentation) and shall retain the right to control the appeal of any Medicare, Medicaid or Blue Cross determinations relating to any of the Seller Cost Reports. The Sellers recognize that the Blue Cross cost reports filed by the Sellers will affect Blue Cross reimbursement to the Purchasers in periods after Closing. Therefore, the Sellers will provide to the Purchasers a reasonable opportunity to review the Sellers’ Blue Cross cost reports prior to the filing thereof and will consider in good faith the Purchasers’ comments that may affect their reimbursement in future periods.
Cost Report Matters. (a) Consistent with Section 4.5, Sellers shall prepare and timely file all cost reports relating to the periods ending prior to the Effective Time or required as a result of the consummation of the transactions described in this Agreement, including, without limitation, those relating to Medicare, Medicaid, and other third party payors which settle on a cost report basis (the “Seller Cost Reports”).
Cost Report Matters. (a) LSU shall prepare and timely file all cost reports with respect to the Hospitals relating to the periods ending prior to Commencement Date, including those relating to Medicare and other third-party payors that settle on a cost-report basis (the “LSU Cost Reports”). As part of compliance with this provision, LSU shall prepare and timely file all termination cost reports with respect to the Hospitals relating to the periods ending prior to Commencement Date (“Termination Cost Reports”). The Termination Cost Reports shall be filed by LSU in a manner consistent with (i) prior cost reports filed by LSU with respect to the Hospitals, and (ii) applicable laws, rules and regulations. At least ten (10) days prior to the filing of any LSU Cost Reports or Termination Cost Reports, LSU shall forward them to BRFHH for its review. BRFHH shall provide any comments to such cost reports within five (5) days prior to the filing date. BRFHH shall forward to LSU any and all correspondence that it may receive relating to the LSU Cost Reports or Termination Cost Report or rights to settlements and retroactive adjustments on the LSU Cost Reports or Termination Cost Reports (“Agency Settlements”) within fifteen (15) business days of receipt by BRFHH; provided, however, that BRFHH shall forward such correspondence to LSU sooner if necessary for LSU to comply with a deadline stated in such correspondence. LSU shall retain all rights to all the LSU Cost Reports and the Termination Cost Reports, including any payables resulting therefrom or receivables relating thereto, and the right to appeal any third-party payor determinations relating to the Agency Settlements.
Cost Report Matters. Sellers, at their expense, shall prepare and timely file all terminating and other cost reports required or permitted by law to be filed under the Medicare and Medicaid or other third party payor programs for periods ending on or prior to the Effective Time, or as a result of the consummation of the transactions described herein (“Seller Cost Reports”). Buyer shall forward to Sellers any and all correspondence relating to the Seller Cost Reports within five (5) business days after receipt by Buyer. Buyer shall remit any receipts of funds relating to the Seller Cost Reports promptly after receipt by Buyer and shall forward to Sellers any demand for payments within three (3) business days after receipt by Buyer. Sellers shall retain all rights to the Seller Cost Reports including any amounts receivable or payable in respect of such reports or reserves relating to such reports. Such rights shall include the right to appeal any Medicare or Medicaid determinations relating to the Seller Cost Reports. Sellers shall retain the originals of the Seller Cost Reports, correspondence, work papers and other documents relating to the Seller Cost Reports. Sellers will furnish copies of such cost reports to Buyer at least five (5) business days prior to filing.
