Fraud and Abuse Laws. Receipt by the Borrower or any Subsidiary of a notice from a governmental authority or third party payor that it intends to disallow requested reimbursements, or intends to demand or demands adjustment or repayment of past reimbursements in excess of, either individually or in the aggregate with any other disallowed reimbursements, ten percent (10%) of the net revenues of the Borrower for the previous fiscal quarter respecting amounts submitted for reimbursement or collected by such Person from participation in the Medicare, Medicaid or third party payor programs.
Fraud and Abuse Laws. Receipt by one or more Consolidated Entities of a notice from a Governmental Authority that it (i) intends to disallow requested reimbursements, demand adjustment or repayment of past reimbursements in excess of one-half of one percent (1/2%) of the gross revenues of Borrower for the previous four (4) fiscal quarters in the aggregate respecting amounts submitted for reimbursement or collected by Borrower or a Provider, or (ii) intends to impose civil money penalties or to seek to exclude Borrower or a Provider from participation in the Medicare or Medicaid programs due to a failure to comply with Fraud and Abuse Laws, if the gross revenues to Borrower arising from Borrower or Provider exceed one-half of one percent (1/2%) of the gross revenues of Borrower for the previous four (4) fiscal quarters in the aggregate.
Fraud and Abuse Laws. Receipt by any Credit Party, -------------------- Practice or Provider of a notice from a governmental authority or third party payor that it intends to disallow requested reimbursements, or intends to demand or demands adjustment or repayment of past reimbursements in excess of two percent (2%) of the gross revenues of the Borrower for the previous fiscal quarter respecting amounts submitted for reimbursement or collected by such Credit Party, Practice or Provider from participation in the Medicare, Medicaid or third party payor programs if the gross revenues (determined in accordance with GAAP) to such Credit Party arising from the affected Credit Party, Practice or Provider exceed one-half percent (1/2%) of the gross revenues (determined in accordance with GAAP) of the Borrower for the previous Fiscal Quarter.
Fraud and Abuse Laws. Receipt by a Borrower Entity of a notice from a Governmental Authority that it intends (i) to disallow requested reimbursements, demand adjustment or repayment of past reimbursements in excess of five percent (5%) of Consolidated EBITDA for the previous fiscal year respecting amounts submitted for reimbursement or collected by a Borrower Entity or a Provider, (ii) to impose civil money penalties in excess of five percent (5%) of Consolidated EBITDA for the previous fiscal year, or (iii) to seek to exclude any Borrower Entity or a Provider from participation in the Medicare or Medicaid programs due to a failure to comply with Fraud and Abuse Laws, if the consolidated gross revenues to the Borrower Entities arising from the affected Borrower Entity or Provider exceed five percent (5%) of Consolidated EBITDA for the previous fiscal year.
Fraud and Abuse Laws. Receipt by the Borrower or any Subsidiary of a notice from a governmental authority or third party payor that it intends to disallow requested reimbursements, or intends to demand or demands adjustment or repayment of past reimbursements in excess of two percent (2%) of the gross revenues of the Borrower for the previous fiscal quarter respecting amounts submitted for reimbursement or collected by such Person from participation in the Medicare, Medicaid or third party payor programs if the gross revenues (determined in accordance with GAAP) to such Person arising from the affected Person exceed one-half percent (1/2%) of the gross revenues (determined in accordance with GAAP) of the Borrower for the previous Fiscal Quarter.
Fraud and Abuse Laws. CUSTOMER MAY RECEIVE DISCOUNTS OR OTHER REDUCTIONS IN PRICE IN CONNECTION WITH ITS PURCHASES OF PRODUCTS UNDER THIS AGREEMENT, AND SUCH PURCHASES MAY ALSO QUALIFY CUSTOMER FOR DISCOUNTS OR OTHER REDUCTIONS IN PRICE ON CERTAIN PURCHASES MADE PURSUANT TO A SUPPLY AGREEMENT BETWEEN CUSTOMER AND MCKESSON CORPORATION OR ITS SUBSIDIARY SUBJECT TO TERMS AND CONDITIONS THEREOF. CUSTOMER WILL BE RESPONSIBLE FOR REPORTING ALL PRICES, DISCOUNTS, AND REBATES PURSUANT TO THIS AGREEMENT AND PURSUANT TO ANY SUPPLY AGREEMENT BETWEEN CUSTOMER AND MCKESSON CORPORATION, TO REIMBURSING AGENCIES TO THE EXTENT REQUIRED BY LAW OR REGULATION, INCLUDING MEDICARE AND MEDICAID, AND OTHER ENTITIES, MAINTAINING RECORDS THEREOF, AND PROVIDING INFORMATION TO REIMBURSING AGENCIES, IN ACCORDANCE WITH ALL APPLICABLE LAWS. ANY PRICE REDUCTION OR DISCOUNT PROGRAM DESCRIBED IN THIS AGREEMENT OR ANY SUPPLY AGREEMENT BETWEEN CUSTOMER AND MCKESSON CORPORATION IS INTENDED TO BE A DISCOUNT WITHIN THE MEANING OF APPLICABLE FEDERAL AND STATE ANTI-KICKBACK LAWS, INCLUDING, 42 U.S.C. §1320A-7B(B) AND THE DISCOUNT SAFE HARBOR PROMULGATED THEREUNDER AND CURRENTLY FOUND AT 42 C.F.R. §1001.952(H). CUSTOMER UNDERSTANDS THAT THIS AGREEMENT AND ANY SUPPLY AGREEMENT BETWEEN CUSTOMER AND MCKESSON CORPORATION MAY NOT REFLECT THE NET COST OF A PRODUCT DUE TO A REBATE OR OTHER DISCOUNT PROGRAM. CUSTOMER REPRESENTS AND WARRANTS THAT IT WILL SATISFY ANY AND ALL REQUIREMENTS IMPOSED ON BUYERS, INCLUDING WHEN REQUIRED BY LAW, THE REQUIREMENT TO ACCURATELY REPORT, OR MAKE AVAILABLE UPON REQUEST BY A FEDERAL OR STATE HEALTH CARE PROGRAM, THE NET COST ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS AND SERVICES COVERED BY THIS AGREEMENT AND ANY SUPPLY AGREEMENT BETWEEN CUSTOMER AND MCKESSON CORPORATION. FOR PURPOSES OF COST REPORTING REQUIREMENTS UNDER A FEDERAL OR STATE PROGRAM WHICH PROVIDES COST BASED REIMBURSEMENT, CUSTOMER UNDERSTANDS THAT ANY SUCH DISCOUNTS, INCLUDING REBATES, SHOULD BE PROPERLY ALLOCATED ON A UNIT BASIS SO AS TO REPORT A NET SALE PRICE THAT ACCURATELY REFLECTS THE TOTAL AMOUNT OF THE DISCOUNT RECEIVED. IN THE EVENT EITHER PARTY DETERMINES THAT THIS AGREEMENT MAY NOT COMPLY WITH SUCH STATUTES, THE PARTIES AGREE TO WORK TOGETHER TO ESTABLISH A DISCOUNT OR REBATE STRUCTURE THAT MEETS THE REQUIREMENTS OF SUCH STATUTES. Terms of Sale-PC Invoice 10-19-18 Certificate Of Completion Envelope Id: 884A31AA7E2849FFA1B529B88CE7C317 Status: Completed Subject: Please DocuSign: MPA 1935 LOC and MCKESSON - FINAL 09232...
Fraud and Abuse Laws. Receipt by a Borrower Entity of a notice from a Governmental Authority that it (i) intends to disallow requested reimbursements, demand adjustment or repayment of past reimbursements in excess of two percent (2%) of the consolidated gross revenues of the Borrower Entities for the previous fiscal year respecting amounts submitted for reimbursement or collected by a Borrower Entity or a Provider, or (ii) intends to impose civil money penalties or to seek to exclude any Borrower Entity or a Provider from participation in the Medicare or Medicaid programs due to a failure to comply with Fraud and Abuse Laws, if the consolidated gross revenues to the Borrower Entities arising from the affected Borrower Entity or Provider exceed one-half percent (1/2%) of the consolidated gross revenues of the Borrower Entities for the previous fiscal year.
Fraud and Abuse Laws. Receipt by a Borrower Entity of a notice from a Governmental Authority that it (i) intends to disallow requested reimbursements, demand adjustment or repayment of past reimbursements in excess of Five Hundred Thousand and No/100 Dollars ($500,000.00), or (ii) intends to impose civil money penalties or to seek to exclude any Borrower Entity or a Provider from participation in the Medicare or Medicaid programs due to a failure to comply with Fraud and Abuse Laws, if the consolidated gross revenues to the Borrower Entities arising from the affected Borrower Entity or Provider exceed Five Hundred Thousand and No/100 Dollars ($500,000.00).
Fraud and Abuse Laws. Receipt by any Loan Party of a notice from a Governmental Authority that it intends (i) to disallow requested reimbursements, demand adjustment or repayment of past reimbursements in excess of five percent (5%) of Consolidated EBITDA for the previous fiscal year respecting amounts submitted for reimbursement or collected by a Loan Party or a Provider, (ii) to impose civil money penalties in excess of five percent (5%) of Consolidated EBITDA for the previous fiscal year, or (iii) to seek to exclude any Loan Party or a Provider from participation in the Medicare or Medicaid programs due to a failure to comply with Fraud and Abuse Laws, if the consolidated gross revenues to the Loan Parties arising from the affected Loan Party or Provider exceed five percent (5%) of Consolidated EBITDA for the previous fiscal year; or
Fraud and Abuse Laws. To the best of Concentra's knowledge, neither (A) Concentra, (B) any of its Subsidiaries, nor (C) any affiliated entity, including without limitation any professional corporation, partnership or association, with which Concentra or any of its Subsidiaries contracts and through which services are provided (each a "GROUP MEMBER" or collectively, the "GROUP MEMBERS") has received any indication or notice, written or oral, from representatives of state workers' compensation bureaus or organizations or the Medicare, Medicaid or CHAMPUS programs (collectively, the "PROGRAMS") or any other federal or state agency that any of the Group Members' agreements or arrangements are contrary to any federal or state fraud and abuse laws or regulations or federal or state self-referral laws or regulations.
