Medicare Reporting Requirements. Manager agrees that it will keep, and will make available upon written request to the Secretary of Health and Human Services, or upon request, to the Comptroller General or any of their duly authorized representatives the contract and books, documents and records necessary to comply with the provisions of Section 1861(v)(1)(I) of the Social Security Act, which are in the possession of Manager, until the expiration of four (4) years after the furnishing of services pursuant to this Agreement, subject to applicable privileges and immunities. This Agreement (as stated in the first sentence of this Section) shall continue to be effective between the Parties notwithstanding the termination or rescission of all or part of the remainder of this Agreement.
Medicare Reporting Requirements. The Parties have considered Medicare’s interest in this matter, if any, and Xxxx declares and expressly warrants that she is not Medicare eligible nor within thirty (30) months of becoming Medicare eligible; is not 65 years of age or older; is not suffering from end stage renal failure; has not received Social Security benefits for 24 months or longer; and has not applied for Social Security disability benefits, and/or has not been denied Social Security disability benefits and appealing the denial; and therefore, no Medicare Set Aside Allocation is being established. Xxxx attests that the claims released herein are not related to any illness or injury for which Xxxx would apply or receive Medicare benefits. Xxxx understands that she is required by law to disclose this information to Defendants and its attorneys in connection with this Agreement. Xxxx understands that failure to do so may result in penalties being assessed against Xxxx, the Parties, and attorneys. Xxxx declares and warrants that she is aware of the requirements of the Medicare Secondary Payer Act (“MSP”), and Xxxx understands that Medicare has an interest in recovering any benefits paid when it is used as a source of secondary payment. Xxxx therefore agrees to release, hold harmless, and indemnify Defendants from any remedies, reprisals, or penalties that result from Xxxx’x failure to disclose or release Xxxx’x status as a Medicare beneficiary. In the event that any of the above information provided by Xxxx is false or in any way incorrect, Xxxx shall be solely liable for any and all actions, causes of actions, penalties, claims, costs, services, compensation or the like resulting from these inaccuracies. Xxxx acknowledges that Medicare may require her to exhaust the payment in Paragraph 4 on Medicare covered expenses should she become Medicare eligible within thirty (30) months. Xxxx waives any claims for damages, including a private cause of action provided in the MSP, 42 U.S.C. Section 1395(b)(3)(A), should Medicare deny coverage for any reason, including the failure to establish a set aside allocation to protect Medicare’s interest.
Medicare Reporting Requirements. The Parties have considered Medicare’s interest in this matter, if any, and Xxxxxxx declares and expressly warrants that she is not Medicare eligible nor within thirty (30) months of becoming Medicare eligible; is not 65 years of age or older; is not suffering from end stage renal failure; has not received Social Security benefits for 24 months or longer; and has not applied for Social Security disability benefits, and/or has not been denied Social Security disability benefits and appealing the denial; and therefore, no Medicare Set Aside Allocation is being established. Xxxxxxx attests that the claims released herein are not related to any illness or injury for which Xxxxxxx would apply or receive Medicare benefits. Xxxxxxx understands that she is required by law to disclose this information to Defendants and its attorneys in connection with this 44
Medicare Reporting Requirements. The Executive affirms, covenants and expressly warrants that: he is not currently a Medicare beneficiary and is not currently receiving, has not received in the past, and will not have received at the time of the Separation Payment, and has not applied for, Medicare benefits; is not suffering from end stage renal failure; has not received Social Security benefits for twenty-four (24) months or longer; has not applied for Social Security disability benefits; has not been denied Social Security disability benefits and is appealing the denial; and, therefore, no Medicare Set Aside Allocation is being established; provided that, in the event any statement in the preceding sentence is incorrect (e.g., if the Executive is Medicare eligible or a Medicare beneficiary, etc.), such incorrect statement(s) shall not apply and shall be deemed stricken from this Agreement. The Executive further affirms, covenants, and warrants that: (a) he has made no claim for illness or Initials:14 Company: Confidential Executive: injury against, nor is he aware of any facts supporting a claim for illness or injury against, the Company Releasees pursuant to which the Company could be liable for medical expenses incurred by the Executive before or after the execution of this Agreement; (b) he is aware of no medical expenses which Medicare has paid and for which the Company is or could be liable now or in the future; (c) the claims released herein are not related to any illness or injury for which the Executive would apply or receive Medicare benefits; and (d) to the best of his knowledge, no liens of any governmental entities, including those for Medicare conditional payments, exist. The Executive understands that he is required by law to disclose the forgoing information to the Company in connection with this Agreement. The Executive understands that failure to do so may result in penalties being assessed against the Executive, the Parties, and their attorneys. The Executive declares and warrants that he is aware of the requirements of the Medicare Secondary Payer Act (“MSP”), and the Executive understands that Medicare has an interest in recovering any benefits paid when it is used as a source of secondary payment. The Executive therefore agrees to release, hold harmless, and indemnify the Company and the Releasees from any Medicare claims, liens, damages, conditional payments, and rights to payment, if any, including attorneys’ fees, and any remedies, reprisals, or penal...
Medicare Reporting Requirements
