Government Program Representations Clause Samples
The Government Program Representations clause requires a party to affirm that it complies with specific government programs or regulations relevant to the contract. This may include confirming eligibility for government contracts, adherence to affirmative action requirements, or participation in programs such as small business or minority-owned business initiatives. By including this clause, the contract ensures that all parties meet necessary legal and regulatory standards, thereby reducing the risk of non-compliance and potential penalties.
Government Program Representations. Company has or shall seek contracts to serve beneficiaries of Government Programs. To the extent Company participates in such Government Programs, Provider agrees, on behalf of itself and any subcontractors of Provider acting on behalf of Provider, to be bound by all rules and regulations of, and all requirements applicable to, such Government Programs. Provider acknowledges and agrees that all provisions of this Agreement shall apply equally to any employees, independent contractors and subcontractors of Provider who provide or may provide Covered Services to Members of Government Programs, and Provider represents and warrants that Provider shall cause such employees, independent contractors and subcontractors to comply with this Agreement, State Contract, and all applicable laws, rules and regulations and perform all requirements applicable to Government Programs. Any such subcontract or delegation shall be subject to prior written approval by Company. With respect to Members of Government Programs, Provider acknowledges that compensation under this Agreement for such Members constitutes receipt of Federal funds. Provider agrees that all services and other activities performed by Provider under this Agreement will be consistent and comply with the obligations of Company and/or Government Sponsor under its contract(s) with the Centers for Medicare and Medicaid Services (“CMS”), and any applicable state regulatory agency, to offer Government Programs. Provider further agrees to allow Government Sponsor, CMS, any applicable state regulatory agency, and Company to monitor Providers’ performance under this Agreement on an ongoing basis in accordance with applicable laws, rules and regulations. Provider acknowledges and agrees that Company may only delegate its activities and responsibilities under the State Contract or any Company contract(s) with Government Sponsor, CMS and any applicable regulatory agency, to offer Government Programs in a manner consistent with applicable laws, rules and regulations, and that if any such activity or responsibility is delegated by Company to Provider, the activity or responsibility may be revoked if Government Sponsor, CMS or Company determine that Provider has not performed satisfactorily.
Government Program Representations. Company has or may seek a contract to serve Medicare, Medicaid, CHIP, and/or Tricare beneficiaries (“Government Programs”). To the extent Company participates in such Government Programs, Group and Participating Group Providers agree, on behalf of themselves and any subcontractors of Group or Participating Group Providers, to be bound by all rules and regulations of, and all requirements applicable to, Government Programs. Group and Participating Group Providers acknowledges and agrees that all provisions of this Agreement shall apply equally to any employees, independent contractors and subcontractors of Group and Participating Group Providers who provide or may provide Covered Services to Members of Government Programs, and Group and Participating Group Providers represents and warrants that Group and Participating Group Providers shall take all steps necessary to cause such employees, independent contractors and subcontractors to comply with the Agreement and all applicable laws, rules and regulations and perform all requirements applicable to Government Programs. With respect to Members of Government Programs, Group and Participating Group Providers acknowledge that compensation under this Agreement for such Members constitutes receipt of Federal funds. Group and Participating Group Providers agree that all services and other activities performed by Group and Participating Group Providers under this Agreement will be consistent and comply with Company’s obligations under its contract(s) with the Centers for Medicare and Medicaid Services (“CMS”), and any applicable state regulatory agency, to offer Medicare/Medicaid Plans. Group and Participating Group Providers further agree to allow CMS, any applicable state regulatory agency, and Company to monitor Group and Participating Group Providers’ performance under this Agreement on an ongoing basis in accordance with Medicare/Medicaid laws, rules and regulations. Group and Participating Group Providers acknowledge and agree that Company may only delegate its activities and responsibilities under its contract(s) with CMS and any applicable regulatory agency, to offer Medicare/Medicaid Plans in a manner consistent with Medicare/Medicaid laws, rules and regulations, and that if any such activity or responsibility is delegated by Company to Group and Participating Group Providers, the activity or responsibility may be revoked if CMS or Company determine that Group and Participating Group Providers have not perf...
Government Program Representations. Company has or may seek a contract to serve Medicare beneficiaries (“Government Programs”). To the extent Company participates in such Government Programs, Facility agrees, on behalf of itself and any subcontractors of Facility acting on behalf of Facility, to be bound by all rules and regulations of, and all requirements applicable to, such Government Programs. Facility acknowledges and agrees that all provisions of this Agreement shall apply equally to any permanent and temporary employees and Downstream Entities, as defined in 42 C.F.R. § 422.2 (collectively, “Provider Related Parties”) of Facility who provide or may provide Covered Services to Members of Government Programs, and Facility represents and warrants that Facility shall take all steps necessary to cause Provider Related Parties to comply with the Agreement and all applicable laws, rules and regulations and perform all requirements applicable to Government Programs. In the event Facility or any Provider Related Parties are listed in a Data Source after the Effective Date of this Agreement, Company shall have the right, in its sole discretion and judgment, to terminate any schedule or attachment to the Agreement relating to the performance of Facility Services for Medicare Plans by Provider in accordance with the applicable provisions of the Agreement or to disqualify the listed person(s) from providing any part of the Facility Services. Facility agrees that all services and other activities performed by Facility under this Agreement will be consistent and comply with Company’s obligations under its contract(s) with CMS, and any applicable state regulatory agency, to offer Medicare Plans. Facility further agrees to allow CMS, any applicable state regulatory agency, and Company to monitor Facility’s performance under this Agreement on an ongoing basis in accordance with Medicare laws, rules and regulations. Upon request, Facility shall immediately provide to Company any information that is required by Company to meet its reporting obligations to CMS, including without limitation, physician incentive plan information, if applicable. To the extent that Facility generates and/or compiles and provides any data to Company that Company, in turn, submits to CMS, Facility certifies, to the best of their knowledge and belief, that such data is accurate, complete and truthful. Facility acknowledges and agrees that Company may only delegate its activities and responsibilities under its contract(s) with CM...