FACT FOR USE IN DETERMINING RIGHTS TO ANY BENEFIT OR PAYMENT UNDER ANY
HEALTHCARE LAWS; (C) FAILING TO DISCLOSE KNOWLEDGE BY A CLAIMANT OF THE
OCCURRENCE OF ANY EVENT AFFECTING THE INITIAL OR CONTINUED RIGHT TO ANY BENEFIT
OR PAYMENT UNDER ANY HEALTHCARE LAWS ON ITS OWN BEHALF OR ON BEHALF OF ANOTHER,
WITH INTENT TO SECURE SUCH BENEFIT OR PAYMENT FRAUDULENTLY; (D) 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 (1) 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
HEALTHCARE LAWS, OR (2) 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 HEALTHCARE LAWS; (E) PRESENTING OR CAUSING TO BE PRESENTED A CLAIM FOR
REIMBURSEMENT FOR SERVICES THAT IS FOR AN ITEM OR SERVICES THAT WAS KNOWN OR
SHOULD HAVE BEEN KNOWN TO BE (1) NOT PROVIDED AS CLAIMED, OR (2) FALSE OR
FRAUDULENT; OR (E) KNOWINGLY AND WILLFULLY MAKING OR CAUSING TO BE MADE OR
INDUCING OR SEEKING TO INDUCE THE MAKING OF ANY FALSE STATEMENT OR
REPRESENTATION (OR OMITTING TO STATE A FACT REQUIRED TO BE STATED THEREIN OR
NECESSARY TO MAKE THE STATEMENTS CONTAINED THEREIN NOT MISLEADING) OF A MATERIAL
FACT WITH RESPECT TO (1) A FACILITY IN ORDER THAT THE FACILITY MAY QUALIFY FOR
GOVERNMENTAL AUTHORITY CERTIFICATION, OR (2) INFORMATION REQUIRED TO BE PROVIDED
UNDER 42 U.S.C. § 1320A-3.
(II)
NO BORROWER HAS BEEN, OR TO ITS KNOWLEDGE
HAS BEEN THREATENED TO BE, AND NO OWNER, OFFICER, MANAGER OR EMPLOYEE OF ANY
BORROWER AND, TO BORROWERS' KNOWLEDGE, NO PERSON WITH A "DIRECT OR INDIRECT
OWNERSHIP INTEREST" (AS THAT PHRASE IS DEFINED IN 42 C.F.R. §420.201) OF 5% OR
MORE OF THE EQUITY SECURITIES OF CLARIENT: (A) HAS HAD A CIVIL MONETARY PENALTY
ASSESSED AGAINST HIM OR HER PURSUANT TO 42 U.S.C. §1320A-7A OR IS THE SUBJECT OF
A PROCEEDING SEEKING TO ASSESS SUCH PENALTY; (B) HAS BEEN EXCLUDED FROM
PARTICIPATION IN A FEDERAL HEALTH CARE PROGRAM (AS THAT TERM IS DEFINED IN 42
U.S.C. §1320A-7B) OR IS THE SUBJECT OF A PROCEEDING SEEKING TO ASSESS SUCH
PENALTY, OR HAS BEEN "SUSPENDED" OR "DEBARRED" FROM SELLING PRODUCTS TO THE U.S.
GOVERNMENT OR ITS AGENCIES PURSUANT TO THE FEDERAL ACQUISITION REGULATION,
RELATING TO DEBARMENT AND SUSPENSION APPLICABLE TO FEDERAL GOVERNMENT AGENCIES
GENERALLY (48 C.F.R. SUBPART 8.4), OR OTHER APPLICABLE LAWS OR REGULATIONS;
(C) HAS BEEN CONVICTED (AS THAT TERM IS DEFINED IN 42 C.F.R. §1001.2) OF ANY OF
THOSE OFFENSES DESCRIBED IN 42 U.S.C. §1320A-7B OR 18 U.S.C. §§669, 1035, 1347,
1518 OR IS THE SUBJECT OF A PROCEEDING SEEKING TO ASSESS SUCH PENALTY; (D) HAS
BEEN INVOLVED