Common use of Treatment of Unallowable Costs Previously Submitted for Payment Clause in Contracts

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants further agree that within 90 days of the Effective Date of this Agreement it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants or any of their subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree that the United States, at a minimum, shall be entitled to recoup from Defendants any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously submitted cost reports, information reports, cost statements, or requests for payment.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Xxxxx and Regency further agree that within 90 days of the Effective Date of this Agreement it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Xxxxx or Regency or any of their subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants Xxxxx and Regency agree that the United States, at a minimum, shall be entitled to recoup from Defendants Xxxxx and Regency any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously previously- submitted cost reports, information reports, cost statements, or requests for payment.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants If applicable, Xxxx further agree agrees that within 90 days of the Effective Date of this Agreement it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this paragraphParagraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Xxxx or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree Xxxx agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Xxxx any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously previously-submitted cost reports, information reports, cost statements, or requests for payment.