Common use of Fraud and Abuse Clause in Contracts

Fraud and Abuse. Neither Parent nor any of its Subsidiaries nor any of their respective officers or directors has, on behalf of Parent or any of its Subsidiaries, knowingly or willfully violated any Medicare Regulations or Medicaid Regulations in any case in any material respect, including but not limited to the following: (i) knowingly and willfully making or causing to be made a false statement or representation of a material fact in any applications for any benefit or payment; (ii) knowingly and willfully making or causing to be made any false statement or representation of a material fact for use in determining rights to any benefit or payment; (iii) failing to disclose knowledge by a claimant of the occurrence of any event affecting the initial or continued right to any benefit or payment on its own behalf or on behalf of another, with intent to secure such benefit or payment fraudulently; (iv) knowingly and willfully soliciting or receiving any remuneration (including any kickback, bribe or rebate), directly or indirectly, overtly or covertly, in cash or in kind or offering to pay such remuneration (A) in return for referring an individual to a Person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part by any Government Reimbursement Programs or other applicable third-party payers, or (B) in return for purchasing, leasing or ordering or arranging for or recommending the purchasing, leasing or ordering of any good, facility, service or item for which payment may be made in whole or in part by any Government Reimbursement Programs or other applicable third-party payers.

Fraud and Abuse. Neither Parent nor any To the knowledge of its Subsidiaries the officers of the Consolidated Parties, neither the Consolidated Parties nor any of their respective officers officers, directors or directors hasContract Providers, on behalf of Parent or have engaged in any of its Subsidiaries, knowingly or willfully violated any activities which are prohibited under Medicare Regulations or Medicaid Regulations in any case in any material respector which are prohibited by binding rules of professional conduct, including but not limited to the following: (i) knowingly and willfully making or causing to be made a false statement or representation of a material fact in any applications for any benefit or payment; (ii) knowingly and willfully making or causing to be made any false statement or representation of a material fact for use in determining rights to any benefit or payment; (iii) failing to disclose knowledge by a claimant of the occurrence of any event affecting the initial or continued right to any benefit or payment on its own behalf or on behalf of another, with intent to secure such benefit or payment fraudulently; (iv) knowingly and willfully soliciting or receiving any remuneration (including any kickback, bribe or rebate), directly or indirectly, overtly or covertly, in cash or in kind or offering to pay such remuneration (Aa) in return for referring an individual to a Person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part by any Government Reimbursement Programs Medicare, Medicaid or other applicable third-third party payerspayors, or (Bb) in return for purchasing, leasing or ordering or arranging for or recommending the purchasing, leasing or ordering of any good, facility, service service, or item for which payment may be made in whole or in part by any Government Reimbursement Programs Medicare, Medicaid or other applicable third-third party payerspayors.

Fraud and Abuse. Neither Parent nor any of The Corporation and its Subsidiaries nor any of their respective officers or directors has, on behalf of Parent or any of its Subsidiaries, knowingly or willfully violated any Medicare Regulations or Medicaid Regulations physician employees have not engaged in any case in any material respectactivities which are prohibited under 42 U.S.C. Section 1320a-7b, or the regulations promulgated thereunder pursuant to such statutes, or related state or local statutes or regulations, or which are prohibited by rules of professional conduct, including but not limited to the following: : (i) knowingly and willfully making or causing to be made a false statement or representation of a material fact in any applications application for any benefit or payment; ; (ii) knowingly and willfully making or causing to be made any false statement or representation of a material fact for use in determining rights to any benefit or payment; ; (iii) failing to disclose knowledge by a claimant of the occurrence of any event affecting the initial or continued right to any benefit or payment on its own behalf or on behalf of another, with intent to fraudulently secure such benefit or payment fraudulentlypayment; and (iv) knowingly and willfully soliciting or receiving any remuneration (including any kickback, bribe bribe, or rebate), directly or indirectly, overtly or covertly, in cash or in kind or offering to pay or receive such remuneration (A) in return for referring an individual to a Person person for the furnishing or arranging for the furnishing of or any item or service for which payment may be made in whole or in part by any Government Reimbursement Programs Medicare or other applicable third-party payersMedicaid, or (B) in return for purchasing, leasing leasing, or ordering or arranging for or recommending the purchasing, leasing leasing, or ordering of any good, facility, service or item for which payment may be made in whole or in part by any Government Reimbursement Programs Medicare or other applicable third-party payersMedicaid.

Fraud and Abuse. Neither Parent nor any of its Subsidiaries nor any of their respective officers or directors has, on behalf of Parent or any of its Subsidiaries, knowingly or willfully violated any Medicare Regulations or Medicaid Regulations The Seller and persons and entities providing professional services for the Seller have not engaged in any case in any material respectactivities which are prohibited under 42 U.S.C. Section 1320a-7b, or the regulations promulgated thereunder pursuant to such statutes, or related state or local statutes or regulations, or which are prohibited by rules of professional conduct, including but not limited to the following: : (i) knowingly and willfully making or causing to be made a false statement or representation of a material fact in any applications application for any benefit or payment; ; (ii) knowingly and willfully making or causing to be made any false statement or representation of a material fact for use in determining rights to any benefit or payment; ; (iii) failing to disclose knowledge by a claimant of the occurrence of any event affecting the initial or continued right to any benefit or payment on its own behalf or on behalf of another, with intent to fraudulently secure such benefit or payment fraudulentlypayment; and (iv) knowingly and willfully soliciting or receiving any remuneration (including any kickback, bribe bribe, or rebate), directly or indirectly, overtly or covertly, in cash or in kind or offering to pay or receive such remuneration (A) in return for referring an individual to a Person person for the furnishing or arranging for the furnishing of or any item or service for which payment may be made in whole or in part by any Government Reimbursement Programs Medicare or other applicable third-party payersMedicaid, or (B) in return for purchasing, leasing leasing, or ordering or arranging for or recommending the purchasing, leasing leasing, or ordering of any good, facility, service or item for which payment may be made in whole or in part by any Government Reimbursement Programs Medicare or other applicable third-party payersMedicaid.

Fraud and Abuse. Neither Parent nor any of its Subsidiaries nor any of their respective officers or directors has, on behalf of Parent or any of its Subsidiaries, knowingly or willfully violated any Medicare Regulations or Medicaid Regulations party shall engage in any case activities which are prohibited by or are in violation of the rules, regulations, policies, contracts or laws pertaining to any material respectthird party and/or governmental payer program, or which are prohibited by rules of professional conduct ("Governmental Rules and Regulations"), including but not limited to the following: (i) : i. knowingly and willfully making or causing to be made a false statement or representation of a material fact in any applications application for any benefit or payment; (; ii) . knowingly and willfully making or causing to be made any false statement or representation of a material fact for use in determining rights to any benefit or payment; (; iii) . failing to disclose knowledge by a claimant of the occurrence of any event affecting the initial or continued right to any benefit or payment on its the Provider's own behalf or on behalf of another, with intent to fraudulently secure such benefit or payment fraudulentlypayment; (or iv) . knowingly and willfully soliciting or receiving any remuneration (including any kickback, bribe bribe, or rebate), directly or indirectly, overtly or covertly, in cash or in kind or offering to pay or receive such remuneration (A) remuneration 1. in return for referring an individual to a Person person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part by any Government Reimbursement Programs Medicare or other applicable third-party payersMedicaid, or (B) or 2. in return for purchasing, leasing leasing, or ordering or arranging for or recommending the purchasing, leasing leasing, or ordering of any good, facility, service or item for which payment may be made in whole or in part by any Government Reimbursement Programs Medicare or Medicaid. Each party acknowledges that this list is not an exhaustive or complete list of all governmental requirements and each party represents and warrants to the other applicable third-party payersthat each will endeavor, to the best of their knowledge, to educate, to seek information, and/or to make themselves aware of these governmental requirements.

Fraud and Abuse. Neither Parent nor any of its Subsidiaries nor any of their respective officers or directors hasTo MRS's Knowledge, on behalf of Parent or any of its SubsidiariesMRS, knowingly or willfully violated any Medicare Regulations or Medicaid Regulations MAURO and persons and entities providing professional services for MRS have not engaged in any case in any material respectactivities which are prohibited under 42 U.S.C. ss. 1320a-7b, or the regulations promulgated thereunder pursuant to such statutes, or related state or local statutes or regulations, or which are prohibited by rules of professional conduct, including but not limited to the following: (ia) knowingly and willfully making or causing to be made a false statement or representation of a material fact in any applications application for any benefit or payment; (iib) knowingly and willfully making or causing to be made any false statement or representation of a material fact for use in determining rights to any benefit or payment; (iiic) failing to disclose knowledge by a claimant of the occurrence of any event affecting the initial or continued right to any benefit or payment on its own behalf or on behalf of another, with intent to fraudulently secure such benefit or payment fraudulentlypayment; and (ivd) knowingly and willfully soliciting or receiving any remuneration (including any kickback, bribe bribe, or rebate), directly or indirectly, overtly or covertly, in cash or in kind or offering to pay or receive such remuneration (Ai) in return for referring an individual to a Person person for the furnishing or arranging for the furnishing of or any item or service for which payment may be made in whole or in part by any Government Reimbursement Programs Medicare or other applicable third-party payersMedicaid, or (Bii) in return for purchasing, leasing leasing, or ordering or arranging for or recommending the purchasing, leasing leasing, or ordering of any good, facility, service or item for which payment may be made in whole or in part by any Government Reimbursement Programs Medicare or other applicable third-party payersMedicaid.

Fraud and Abuse. Neither Parent nor any Response and persons and entities providing professional services for Response, have not, to the knowledge of its Subsidiaries nor any of their respective officers or directors hasResponse, on behalf of Parent or any of its Subsidiariesafter due inquiry, knowingly or willfully violated any Medicare Regulations or Medicaid Regulations engaged in any case activities which are prohibited by or are in violation of the rules, regulations, policies, contracts or laws pertaining to any material respectThird Party Payor Program, or which are prohibited by rules of professional conduct ("Governmental Rules and Regulations"), including but not limited to the following: (ia) knowingly and willfully making or causing to be made a false statement or representation of a material fact in any applications application for any benefit or payment; (iib) knowingly and willfully making or causing to be made any false statement or representation of a material fact for use in determining rights to any benefit or payment; (iiic) failing to disclose knowledge by a claimant of the occurrence of any event affecting the initial or continued right to any benefit or payment on its Response's own behalf or on behalf of another, with intent to fraudulently secure such benefit or payment fraudulentlypayment; or (ivd) knowingly and willfully soliciting or receiving any remuneration (including any kickback, bribe bribe, or rebate), directly or indirectly, overtly or covertly, in cash or in kind or offering to pay or receive such remuneration (Ai) in return for referring an individual to a Person person for the furnishing or arranging for the furnishing of or any item or service for which payment may be made in whole or in part by any Government Reimbursement Programs Medicare or other applicable third-party payersMedicaid, or (Bii) in return for purchasing, leasing leasing, or ordering or arranging for or recommending the purchasing, leasing leasing, or ordering of any good, facility, service or item for which payment may be made in whole or in part by any Government Reimbursement Programs Medicare or other applicable third-party payersMedicaid.

Fraud and Abuse. Neither Parent nor any of its Subsidiaries nor any of their respective officers or directors has, on behalf of Parent or any of its Subsidiaries, knowingly or willfully violated any Medicare Regulations or Medicaid Regulations The Association and persons and entities providing professional services for the Association have not engaged in any case in any material respectactivities which are prohibited under 42 U.S.C. Section 1320a-7b, or the regulations promulgated thereunder pursuant to such statutes, or related state or local statutes or regulations, or which are prohibited by rules of professional conduct, including but not limited to the following: : (i) knowingly and willfully making or causing to be made a false statement or representation of a material fact in any applications application for any benefit or payment; ; (ii) knowingly and willfully making or causing to be made any false statement or representation of a material fact for use in determining rights to any benefit or payment; ; (iii) failing to disclose knowledge by a claimant of the occurrence of any event affecting the initial or continued right to any benefit or payment on its own behalf or on behalf of another, with intent to fraudulently secure such benefit or payment fraudulentlypayment; and (iv) knowingly and willfully soliciting or receiving any remuneration (including any kickback, bribe bribe, or rebate), directly or indirectly, overtly or covertly, in cash or in kind or offering to pay or receive such remuneration (A) in return for referring an individual to a Person person for the furnishing or arranging for the furnishing of or any item or service for which payment may be made in whole or in part by any Government Reimbursement Programs Medicare or other applicable third-party payersMedicaid, or (B) in return for purchasing, leasing leasing, or ordering or arranging for or recommending the purchasing, leasing leasing, or ordering of any good, facility, service or item for which payment may be made in whole or in part by any Government Reimbursement Programs Medicare or other applicable third-party payersMedicaid.

Fraud and Abuse. Neither Parent OHSI nor any of its Subsidiaries nor any of their respective officers or directors has, on behalf of Parent or any of its Subsidiaries, knowingly or willfully violated any Medicare Regulations or Medicaid Regulations Omega has engaged in any case in any material respectactivities which are prohibited under ss. 1320a-7b of Title 42 of the United States Code or the regulations promulgated thereunder, including or related state or local statutes or regulations, or which are prohibited by rules of professional conduct, including, but not limited to to, the following: (i) knowingly and willfully willingly making or causing to be made a false statement or representation of a material fact in any applications application for any benefit or payment; (ii) knowingly and willfully making or causing to be made any false statement or representation of a material fact for use in determining rights to any benefit or payment; (iii) failing any failure by a claimant to disclose knowledge by a claimant of the occurrence of any event affecting the initial or continued right to any benefit or payment on its own behalf or on behalf of another, with the intent to fraudulently secure such benefit or payment fraudulentlypayment; and (iv) knowingly and willfully soliciting or receiving any remuneration (including any kickback, bribe or rebate), ) directly or indirectly, overtly or covertly, in cash or in kind kind, or offering to pay or receive such remuneration (A) in return for referring an individual to a Person person for the furnishing or arranging for the furnishing furnishings of any item or service for which payment may be made in whole or in part by any Government Reimbursement Programs Medicare or other applicable third-party payersMedicaid, or (B) in return for purchasing, leasing or ordering or arranging for for, or recommending the recommending, purchasing, leasing lease or ordering of any good, facility, service or item for which payment may be made in whole or in part by any Government Reimbursement Programs Medicare or other applicable third-party payersMedicaid.

Fraud and Abuse. Neither Parent the Company nor any of its Subsidiaries nor any of their respective officers or directors has, on behalf of Parent or any of its Subsidiaries, Subsidiary have engaged knowingly or and willfully violated any Medicare Regulations or Medicaid Regulations in any case in any material respectactivities which are prohibited under federal Medicare and Medicaid statutes, including but not limited to including, without limitation, 42 U.S.C. Section 1320a-7b and 42 U.S.C. Section 1395nn or related state or local statutes or regulations or which otherwise constitutes fraud, including, without limitation, the following: (ia) knowingly and willfully making or causing to be made a false statement or representation of a material fact in any applications application for any benefit or payment; (iib) knowingly and willfully making or causing to be made any false statement or representation of a material fact for use in determining rights to any benefit or payment; (iiic) knowingly and willfully failing to disclose knowledge by a claimant of the occurrence of any event affecting the initial or continued right to any benefit or payment on its own behalf or on behalf of another, with intent to secure such benefit or payment fraudulently; (ivd) knowingly and willfully soliciting or receiving any remuneration (including any kickback, bribe bribe, or rebate), directly or indirectly, overtly or covertly, in cash or in kind or offering to pay such remuneration (Ai) in return for referring an individual to a Person person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part by any Government Reimbursement Programs Medicare or other applicable third-party payers, Medicaid or (Bii) in return for purchasing, leasing leasing, or ordering or arranging for or recommending the purchasing, leasing leasing, or ordering of any good, facility, service service, or item for which payment may be made in whole or in part by any Government Reimbursement Programs Medicare or other applicable third-party payersMedicaid.

Fraud and Abuse. Neither Parent nor any of its Subsidiaries nor any of their respective officers or directors hasthe Hospitals nor, on behalf of Parent or any of its Subsidiariesto LSU’s Knowledge, knowingly or willfully violated any Medicare Regulations or Medicaid Regulations LSU Personnel have engaged in any case in activities that are prohibited under any material respectHealth Care Law, or the regulations promulgated thereunder pursuant to such statutes, or related state or local statutes or regulations, or which are prohibited by rules of professional conduct, including but not limited to the following: (i) knowingly and willfully making or causing to be made a false statement or representation of a material fact in any applications application for any benefit or payment; (ii) knowingly and willfully making or causing to be made any false statement or representation of a material fact for use in determining rights to any benefit or payment; (iii) failing to disclose knowledge by a claimant of the occurrence of knowingly and willingly concealing any event affecting the initial or continued right to receive any benefit or payment on its own behalf or on behalf of another, with intent to fraudulently secure such benefit or payment fraudulentlyin an amount or quantity greater than that which is due or which is authorized; or (iv) knowingly and willfully soliciting or receiving any remuneration (including any kickback, bribe bribe, or rebate), directly or indirectly, overtly or covertly, in cash or in kind or offering to pay or receive such remuneration remuneration: (A1) in return for referring an individual to a Person person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part by any Government Reimbursement Programs Medicare or other applicable third-party payers, Medicaid; or (B2) in return for purchasing, leasing leasing, or ordering or arranging for or recommending the purchasing, leasing or ordering of any good, facility, service or item for which payment may be made in whole or in part by Medicare or Medicaid. LSU is not a party to any Government Reimbursement Programs Corporate Integrity Agreement or other applicable third-party payerssimilar settlement, compliance or oversight agreement with any Governmental Body relating to LSU’s services provided at the Hospitals.

Fraud and Abuse. Neither Parent Except as set forth on Schedule 5.19, to the knowledge of the officers of the Loan Parties and each of their Restricted Subsidiaries, neither the Loan Parties nor any of its their Restricted Subsidiaries nor any of their respective officers officers, directors or directors has, on behalf of Parent or Contract Providers have engaged in any of its Subsidiaries, knowingly or willfully violated material respect in any activities which are prohibited under Medicare Regulations or Medicaid Regulations in any case in any material respector which are prohibited by binding rules of professional conduct, including but not limited to the following: (i) knowingly and willfully making or causing to be made a false statement or representation of a material fact in any applications for any benefit or payment; (ii) knowingly and willfully making or causing to be made any false statement or representation of a material fact for use in determining rights to any benefit or payment; (iii) failing to disclose knowledge by a claimant of the occurrence of any event affecting the initial or continued right to any benefit or payment on its own behalf or on behalf of another, with intent to secure such benefit or payment fraudulently; (iv) knowingly and willfully soliciting or receiving any unlawful remuneration (including any kickback, bribe or rebate), directly or indirectly, overtly or covertly, in cash or in kind or offering to pay such remuneration (A) in return for referring an individual to a Person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part by any Government Reimbursement Programs Medicare, Medicaid or other applicable third-third party payerspayors, or (B) in return for purchasing, leasing or ordering or arranging for or recommending the purchasing, leasing or ordering of any good, facility, service service, or item for which payment may be made in whole or in part by any Government Reimbursement Programs Medicare, Medicaid or other applicable third-third party payerspayors.

Fraud and Abuse. Neither Parent To the best of the Company's knowledge after due inquiry, neither the Company nor any of its Subsidiaries nor any of their respective officers or directors has, on behalf of Parent or any of its Subsidiaries, knowingly or willfully violated any Medicare Regulations or Medicaid Regulations persons and/or entities providing professional services for the Company have engaged in any case in any material respectactivities which are prohibited under Section 1320a-7b of Title 42 of the United States Code, including or the regulations promulgated thereunder, or related state or local statutes or regulations, or which are prohibited by rules of professional conduct, including, but not limited to to, the following: : (i1) knowingly and willfully making or causing to be made a false statement or representation of a material fact in any applications applicable for any benefit or payment; ; (ii2) knowingly and willfully making or causing to be made any false statement or representation of a material fact for use in determining rights to any benefit or payment; ; (iii3) failing failure to disclose knowledge by a claimant of the occurrence of any event affecting the initial or continued right to any benefit or payment on its own behalf or on behalf of another, with intent to fraudulently secure such benefit or payment fraudulentlypayment; and (iv4) knowingly and willfully soliciting or receiving any remuneration (including any kickback, bribe bribe, or rebate), directly or indirectly, overtly or covertly, in cash or in kind kind, or offering to pay or receive such remuneration (AI) in return for referring an individual to a Person person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part by any Government Reimbursement Programs the Medicare or other applicable third-party payersMedicaid reimbursement programs, or (Bii) in return for purchasing, leasing leasing, or ordering or arranging for or recommending the recommending, purchasing, leasing leasing, or ordering of any good, facility, service service, or item for which payment may be made in whole or in part by any Government Reimbursement Programs the Medicare or other applicable third-party payersMedicaid reimbursement programs.

Fraud and Abuse. Neither Parent nor Except as would not reasonably be expected to result in a Material Adverse Effect or as set forth on Schedule 3.24, to the knowledge of Holdings and the Borrower, none of Holdings, the Borrower, any of its the Subsidiaries nor or any of the Managed Practices or any of their respective officers officers, directors or directors has, on behalf of Parent or any of its Subsidiaries, knowingly or willfully violated any Medicare Regulations or Medicaid Regulations Contract Providers has engaged in any case activities that are prohibited under the Government Programs in any material respectwhich they participate or that are prohibited by binding rules of professional conduct, including but not limited to the following: including, (i) knowingly and willfully wilfully making or causing to be made a false statement or representation a misrepresentation of a any material fact in any applications application for any benefit or payment; (ii) knowingly and willfully wilfully making or causing to be made any false statement or representation a misrepresentation of a any material fact for use in determining rights to any benefit or payment; (iii) failing to disclose knowledge by a claimant of the occurrence of any event affecting the initial or continued right to any benefit or payment on its own behalf or on behalf of another, with intent to secure such benefit or payment fraudulently; (iv) knowingly and willfully wilfully soliciting or receiving any remuneration renumeration (including any kickback, bribe or rebate), directly or indirectly, overtly or covertly, in cash or in kind or offering to pay such remuneration renumeration (A) in return for referring an individual to a Person person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part by any Government Reimbursement Programs Program in which they participate or other applicable third-party payerspayors, or (B) in return for purchasing, leasing or ordering or arranging for or recommending the purchasing, leasing or ordering of any good, facility, service or item for which payment may be made in whole or in part by any Government Reimbursement Programs Program in which they participate or other applicable third-party payerspayors.

Fraud and Abuse. Neither Parent OHSI nor any of its Subsidiaries nor any of their respective officers or directors has, on behalf of Parent or any of its Subsidiaries, knowingly or willfully violated any Medicare Regulations or Medicaid Regulations Omega has engaged in any case in any material respectactivities which are prohibited under (beta) 1320a-7b of Title 42 of the United States Code or the regulations promulgated thereunder, including or related state or local statutes or regulations, or which are prohibited by rules of professional conduct, including, but not limited to to, the following: (i) knowingly and willfully willingly making or causing to be made a false statement or representation of a material fact in any applications application for any benefit or payment; (ii) knowingly and willfully making or causing to be made any false statement or representation of a material fact for use in determining rights to any benefit or payment; (iii) failing any failure by a claimant to disclose knowledge by a claimant of the occurrence of any event affecting the initial or continued right to any benefit or payment on its own behalf or on behalf of another, with the intent to fraudulently secure such benefit or payment fraudulentlypayment; and (iv) knowingly and willfully soliciting or receiving any remuneration (including any kickback, bribe or rebate), ) directly or indirectly, overtly or covertly, in cash or in kind kind, or offering to pay or receive such remuneration (A) in return for referring an individual to a Person person for the furnishing or arranging for the furnishing furnishings of any item or service for which payment may be made in whole or in part by any Government Reimbursement Programs Medicare or other applicable third-party payersMedicaid, or (B) in return for purchasing, leasing or ordering or arranging for for, or recommending the recommending, purchasing, leasing lease or ordering of any good, facility, service or item for which payment may be made in whole or in part by any Government Reimbursement Programs Medicare or other applicable third-party payersMedicaid.

Fraud and Abuse. Neither Parent MCP nor any of its Subsidiaries nor any of their respective officers or directors has, on behalf of Parent or any of its Subsidiaries, knowingly or willfully violated any Medicare Regulations or Medicaid Regulations PQC has engaged in any case in any material respectactivities ---------------- which are prohibited under U.S.C. ss. 1320a-7b, or the regulations promulgated thereunder pursuant to such statutes, or related state or local statutes or regulations, or which are prohibited by rules of professional conduct, including but not limited to the following: (i) knowingly and willfully making or causing to be made a false statement or representation of a material fact in any applications application for any benefit or payment; (ii) knowingly and willfully making or causing to be made any false statement or representation of a material fact for use in determining rights to any benefit or payment; (iii) failing failure to disclose knowledge by a claimant of the occurrence of any event affecting the initial or continued right to any benefit or payment on its own behalf or on behalf of another, with intent to fraudulently secure such benefit or payment fraudulentlyof payment; and (iv) knowingly and willfully soliciting or receiving any remuneration (including any kickback, bribe or rebate), directly or indirectly, overtly or covertly, in cash or in kind or offering to pay or receive such remuneration (Aa) in return for referring an individual to a Person person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part by any Government Reimbursement Programs Medicare or other applicable third-party payersMedicaid, or (Bb) in return for purchasing, leasing leasing, or ordering or arranging for or recommending the purchasing, leasing leasing, or ordering of any good, facility, service facility or item for which payment may be made in whole or in part by any Government Reimbursement Programs Medicare or other applicable third-party payersMedicaid.

Fraud and Abuse. Neither Parent MCP nor any of its Subsidiaries nor any of their respective officers or directors has, on behalf of Parent or any of its Subsidiaries, knowingly or willfully violated any Medicare Regulations or Medicaid Regulations PQC has engaged in any case in any material respectactivities --------------- which are prohibited under U.S.C. (S)1320a-7b, or the regulations promulgated thereunder pursuant to such statutes, or related state or local statutes or regulations, or which are prohibited by rules of professional conduct, including but not limited to the following: (i) knowingly and willfully making or causing to be made a false statement or representation of a material fact in any applications application for any benefit or payment; (ii) knowingly and willfully making or causing to be made any false statement or representation of a material fact for use in determining rights to any benefit or payment; (iii) failing failure to disclose knowledge by a claimant of the occurrence of any event affecting the initial or continued right to any benefit or payment on its own behalf or on behalf of another, with intent to fraudulently secure such benefit or payment fraudulentlyof payment; and (iv) knowingly and willfully soliciting or receiving any remuneration (including any kickback, bribe or rebate), directly or indirectly, overtly or covertly, in cash or in kind or offering to pay or receive such remuneration (Aa) in return for referring an individual to a Person person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part by any Government Reimbursement Programs Medicare or other applicable third-party payersMedicaid, or (Bb) in return for purchasing, leasing leasing, or ordering or arranging for or recommending the purchasing, leasing leasing, or ordering of any good, facility, service facility or item for which payment may be made in whole or in part by any Government Reimbursement Programs Medicare or other applicable third-party payersMedicaid.

Fraud and Abuse. Neither Parent nor Except as would not reasonably be expected to result in a Material Adverse Effect or as set forth on Schedule 3.24, to the knowledge of Holdings and the Borrower, none of Holdings, the Borrower, any of its the Subsidiaries nor or any of the Managed Practices or any of their respective officers officers, directors or directors has, on behalf of Parent or any of its Subsidiaries, knowingly or willfully violated any Medicare Regulations or Medicaid Regulations Contract Providers has engaged in any case activities that are prohibited under the Government Programs in any material respectwhich they participate or that are prohibited by binding rules of professional conduct, including but not limited to the following: including, (i) knowingly and willfully wilfully making or causing to be made a false statement or representation a misrepresentation of a any material fact in any applications application for any benefit or payment; (ii) knowingly and willfully wilfully making or causing to be made any false statement or representation a misrepresentation of a any material fact for use in determining rights to any benefit or payment; (iii) failing to disclose knowledge by a claimant of the occurrence of any event affecting the initial or continued right to any benefit or payment on its own behalf or on behalf of another, with intent to secure such benefit or payment fraudulently; (iv) knowingly and willfully wilfully soliciting or receiving any remuneration (including any kickback, bribe or rebate), directly or indirectly, overtly or covertly, in cash or in kind or offering to pay such remuneration (A) in return for referring an individual to a Person person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part by any Government Reimbursement Programs Program in which they participate or other applicable third-party payerspayors, or (B) in return for purchasing, leasing or ordering or arranging for or recommending the purchasing, leasing or ordering of any good, facility, service or item for which payment may be made in whole or in part by any Government Reimbursement Programs Program in which they participate or other applicable third-party payerspayors.