Common use of Management Certifications Clause in Contracts

Management Certifications. In addition to the responsibilities set forth in this CIA for all Covered Persons, certain Kindred and RehabCare employees (Certifying Employees) are specifically expected to monitor and oversee activities within their areas of authority and shall annually certify that the applicable RehabCare division is in compliance with applicable Federal health care program requirements and with the obligations of this CIA. These Certifying Employees shall include, at a minimum, the following employees (or their functional equivalents): RehabCare - President, Senior Vice President of Finance, Senior Vice President of Quality, Division Vice President of Clinical Operations, Division Vice President of Clinical Services, Division Senior Vice President of Skilled Rehabilitation Services (SRS), Senior Vice Presidents of SRS, Regional Vice Presidents of SRS, and Vice President of Sales & Business Development of SRS, Regional Vice Presidents of SRS; and, Kindred - any Kindred executives who have direct oversight responsibilities for RehabCare including but not limited to the Chief Executive Officer, and Chief Financial Officer. For each Reporting Period, each Certifying Employee shall sign a certification that states: “I have been trained on and understand the compliance requirements and responsibilities as they relate to [insert name of department], an area under my supervision. My job responsibilities include ensuring compliance with regard to the [insert name of department] with all applicable Federal health care program requirements, obligations of the Corporate Integrity Agreement, and Kindred’s policies, and I have taken steps to promote such compliance. To the best of my knowledge, the [insert name of department] of RehabCare is in compliance with all applicable Federal health care program requirements and the obligations of the Corporate Integrity Agreement. I understand that this certification is being provided to and relied upon by the United States.” If any Certifying Employee is unable to provide such a certification, the Certifying Employee shall provide a written explanation of the reasons why he or she is unable to provide the certification outlined above.

Management Certifications. In addition to the responsibilities set forth in this CIA for all Covered Persons, certain Kindred and RehabCare Envision employees (Certifying Employees) are specifically expected to monitor and oversee activities within their areas of authority and shall annually certify that the applicable RehabCare division Envision department is in compliance with applicable Federal health care program requirements and with the obligations of this CIA. These Certifying Employees shall include, at a minimum, all members of senior management and the following employees (leaders of all divisions, business units or their functional equivalents): RehabCare - President, Senior Vice President of Finance, Senior Vice President of Quality, Division Vice President of Clinical Operations, Division Vice President of Clinical Services, Division Senior Vice President of Skilled Rehabilitation Services (SRS), Senior Vice Presidents of SRS, Regional Vice Presidents of SRS, and Vice President of Sales & Business Development of SRS, Regional Vice Presidents of SRS; and, Kindred - any Kindred executives who have direct oversight responsibilities for RehabCare including but not limited departments with operations that relate to the Federal health care programs (e.g., (i) Chief Executive Officer, and Chief Financial Officer, Chief Operating Officer, Chief Accounting Officer and Chief Strategy Officer for Envision Healthcare Corporation; (ii) Chief Executive Officer, Chief Financial Officer, Chief Operating Officer for Envision Physician Services; and (iii) President, Executive Vice Presidents, Senior Vice Presidents, Regional Medical Directors, and Site Medical Directors for Envision Physician Services’ Emergency Medicine, Hospitalist, and Critical Care Service Line). For each Reporting Period, each Certifying Employee shall sign a certification that states: “I have been trained on and understand the compliance requirements and responsibilities as they relate to [insert name of department], an area under my supervision. My job responsibilities include ensuring compliance with regard to the [insert name of department] with all applicable Federal health care program requirements, obligations of the Corporate Integrity Agreement, and Kindred’s Envision policies, and I have taken steps to promote such compliance. To the best of my knowledge, the [insert name of department] of RehabCare Envision is in compliance with all applicable Federal health care Envision Corporate Integrity Agreement program requirements and the obligations of the Corporate Integrity Agreement. I understand that this certification is being provided to and relied upon by the United States.” If any Certifying Employee is unable to provide such a certification, the Certifying Employee shall provide a written explanation of the reasons why he or she is unable to provide the certification outlined above.

Management Certifications. In addition to the responsibilities set forth in this CIA for all Covered Persons, certain Kindred and RehabCare CVS Health employees (Certifying Employees) are specifically expected to shall monitor and oversee activities within their areas of authority and shall annually certify that the applicable RehabCare division CVS Health department is in compliance with applicable Federal health care program requirements and with the obligations of this CIA. These Certifying Employees shall include, at a minimum, the following employees (or their functional equivalentsif titles change, the employees with the same responsibilities): RehabCare - the President of Omnicare Division; Senior Financial Officer, Omnicare Division; Senior Vice President, Senior Clinical, Omnicare Division; Vice President of FinanceStrategy and Product Innovation, Senior Omnicare Division; Vice President of QualitySales, Division Omnicare Division; Senior Director, National Sales of Omnicare Division; Vice President of Clinical OperationsAccount Management, Division Omnicare Division; Vice President of Clinical Services, Division Senior Finance Operations; Vice President of Skilled Rehabilitation Services (SRS)Billing and Collections, Senior Omnicare Division; Vice President, Internal Operations LTC; Vice Presidents of SRSOperation, Regional Vice Presidents of SRSOmnicare Division (currently Midwest, West, Southeast, Northeast, and South); Vice President of Sales & Internal Operation, Omnicare Division; Associate General Counsel for Contracting, Omnicare Division; Senior Human Resources Business Development Person, Omnicare Operations; Vice President of SRSCompliance Operations, Regional Vice Presidents of SRSOmnicare Division; and, Kindred - any Kindred executives who have direct oversight responsibilities Compliance Officer for RehabCare including but not limited to IPS Operations; and the Chief Executive Officer, and Chief Financial OfficerArrangements Officer for IPS Operations. For each Reporting Period, each Certifying Employee shall sign a certification that states: “I have been trained on and understand the compliance requirements and responsibilities as they relate to [insert name of department], an area under my supervision. My job responsibilities include ensuring compliance with regard to the [insert name of department] with all applicable Federal health care program requirements, obligations of the Corporate Integrity Agreement, and Kindred’s policiesCVS Health policies relating to IPS Operations, and I have taken steps to promote such compliance. To the best of my knowledge, the [insert name of department] of RehabCare CVS Health that deals with IPS Operations is in compliance with all applicable Federal health care program requirements and the obligations of the Corporate Integrity Agreement. Additionally, I have ensured that all Reportable Events of which I have knowledge have been reported to the Compliance Officer for IPS Operations. I understand that this certification is being provided to and relied upon by the United States.” Additionally, the Senior Financial Officer, Omnicare Division; Vice President of Finance Operations; and the Vice President of Billing and Collection, Omnicare Division shall include in his/her certifications the following statements in addition to the above language for all Certifying Employees: “I have taken steps to ensure that CVS Health’s IPS Operations division is tracking, collecting, and taking appropriate action on payments to and from long-term care facilities. I also have taken steps to ensure that CVS Health’s IPS Operations division is tracking discounts, write-offs, debt forgiveness, short-pays, accounts receivable, collection efforts, settlements, and aging of balances in its contracts with long-term care facilities and has fulfilled the obligations of the Corporate Integrity Agreement, and CVS Health policies relating to IPS Operations. I understand that this certification is being provided to and relied upon the United States.” Additionally, the Vice President of Sales, Omnicare Division; Vice President of Account Management, Omnicare Division; and each Regional Vice President, Omnicare Division shall include in his/her certification the following statements in addition to the above language for all Certifying Employees: “During the current Reporting Period, I have been involved in the negotiations and execution of new or renewed Arrangements relating to the IPS Operations on behalf of CVS Health. My responsibilities include ensuring that Arrangements matters relating to the IPS Operations, including, but not limited to, Arrangement negotiations, performance, and enforcement, are in compliance with all applicable Federal health care program requirements, including the Anti-Kickback Statute. I have taken steps to promote compliance with all applicable Federal health care program requirements and the obligations of the Corporate Integrity Agreement in the negotiations and execution of the new and renewed Arrangements relating to the IPS Operations. During the current Reporting Period, I also have been involved with the implementation of and/or performance under existing Arrangements relating to the IPS Operations. I have taken steps to promote compliance with all applicable Federal health program requirements and the Corporate Integrity Agreement in the implementation of and/or performance of existing Arrangements relating to the IPS Operations. I understand that this certification is being provided to and relied upon the United States.” If any Certifying Employee is unable to provide such a certification, the Certifying Employee shall provide a written explanation of the reasons why he or he/she is unable to provide the certification outlined above. Within 90 days after the Effective Date, CVS Health shall develop and implement a written process for Certifying Employees to follow for the purpose of completing the certification required by this Section (e.g., reports that must be reviewed, assessments that must be completed, sub-certifications that must be obtained, etc. prior to the Certifying Employee making the required certification).

Management Certifications. In addition to the responsibilities set forth in this CIA for all Covered Persons, certain Kindred and RehabCare BMG employees (Certifying Employees) are specifically expected to monitor and oversee activities within their areas of authority and shall annually certify that the applicable RehabCare division BMG department is in compliance with applicable Federal health care program requirements and with the obligations of this CIA. These Certifying Employees shall include, at a minimum, the following employees (or their functional equivalents): RehabCare - President, following: BMGLP Senior Medical Director; BMGLP Chair of Internal Medicine; BMGLP Medical Director of Hospitalists; BMGLP Medical Director of Skilled Nursing Facilities; EPIC Management Senior Vice President of Finance, Senior President/ Chief Administrative Officer/ Accountable Care Services Division; EPIC Management Vice President of Quality, Division President/ Chief Medical Officer/ Accountable Care Services Division; EPIC Management Vice President of Clinical Operations, Division President/ Managed Care/ Accountable Care Services Division; EPIC Management Vice President of Clinical Services, Division Senior Vice President of Skilled Rehabilitation Services (SRS), Senior Vice Presidents of SRS, Regional Vice Presidents of SRS, and Vice President of Sales & Business Development of SRS, Regional Vice Presidents of SRS; and, Kindred - any Kindred executives who have direct oversight responsibilities for RehabCare including but not limited to the Chief Executive Officer, and President/ Chief Financial Officer/ Accountable Care Services Division; EHP Chief Financial Officer; EPIC Management Vice President/ Chief Performance Officer / Core Services Division; EHP Chief Medical Officer. For each Reporting Period, each Certifying Employee shall sign a certification that states: “I have been trained on and understand the compliance requirements and responsibilities as they relate to [insert name of department], an area under my supervision. My job responsibilities include ensuring compliance with regard to the [insert name of department] with all applicable Federal health care program requirements, obligations of the Corporate Integrity Agreement, and Kindred’s BMG policies, and I have taken steps to promote such compliance. To the best of my knowledge, the [insert name of department] of RehabCare BMG is in compliance with all applicable Federal health care program requirements and the obligations of the Corporate Integrity Agreement. I understand that this certification is being provided to and relied upon by the United States.” ”‌‌ If any Certifying Employee is unable to provide such a certification, the Certifying Employee shall provide a written explanation of the reasons why he or she is unable to provide the certification outlined above.. Within 120 days after the Effective Date, BMG shall develop and implement a written process for Certifying Employees to follow for the purpose of completing the certification required by this section (e.g., reports that must be reviewed, assessments that must be completed, sub-certifications that must be obtained, etc. prior to the Certifying Employee making the required certification).‌