LIST OF PARTIES EXCLUDED
FROM FEDERAL PROGRAMS (AVAILABLE THROUGH THE INTERNET AT ).
C.
"SCREENED PERSONS" INCLUDE PROSPECTIVE AND CURRENT OWNERS (OTHER
THAN SHAREHOLDERS WHO:
(1) HAVE AN OWNERSHIP INTEREST OF LESS THAN 5%; AND (2)
ACQUIRED THE OWNERSHIP INTEREST THROUGH PUBLIC TRADING), OFFICERS, DIRECTORS,
EMPLOYEES, CONTRACTORS, AND AGENTS OF TENET.
2.
SCREENING REQUIREMENTS.
TENET SHALL ENSURE THAT ALL SCREENED
PERSONS ARE NOT INELIGIBLE PERSONS, BY IMPLEMENTING THE FOLLOWING SCREENING
REQUIREMENTS.
A.
TENET SHALL SCREEN ALL SCREENED PERSONS AGAINST THE EXCLUSION
LISTS PRIOR TO ENGAGING THEIR SERVICES AND, AS PART OF THE HIRING OR CONTRACTING
PROCESS, SHALL REQUIRE SUCH SCREENED PERSONS TO DISCLOSE WHETHER THEY ARE
INELIGIBLE PERSONS.
B.
TENET SHALL SCREEN ALL SCREENED PERSONS AGAINST THE EXCLUSION
LISTS WITHIN 90 DAYS AFTER THE EFFECTIVE DATE AND ON AN ANNUAL BASIS THEREAFTER.
C.
TENET SHALL IMPLEMENT A POLICY REQUIRING ALL SCREENED PERSONS TO
DISCLOSE IMMEDIATELY ANY DEBARMENT, EXCLUSION, SUSPENSION, OR OTHER EVENT THAT
MAKES THAT PERSON AN INELIGIBLE PERSON.
Nothing in this Section affects the responsibility of (or liability for) Tenet
to refrain from billing Federal health care programs for items or services
furnished, ordered, or prescribed by an Ineligible Person.
Tenet understands
that items or services furnished by excluded persons are not payable by Federal
health care programs and that Tenet may be liable for overpayments and/or
criminal, civil, and administrative sanctions for employing or contracting with
an excluded person regardless of whether Tenet meets the requirements of this
Section III.F.
3.
REMOVAL REQUIREMENT.
IF TENET HAS ACTUAL NOTICE THAT A SCREENED
PERSON HAS BECOME AN INELIGIBLE PERSON, TENET SHALL REMOVE SUCH SCREENED PERSON
FROM RESPONSIBILITY FOR, OR INVOLVEMENT WITH, TENET'S BUSINESS OPERATIONS
RELATED TO THE FEDERAL HEALTH CARE PROGRAMS AND SHALL REMOVE SUCH SCREENED
PERSON FROM ANY POSITION FOR WHICH THE SCREENED PERSON'S COMPENSATION OR THE
ITEMS OR SERVICES FURNISHED, ORDERED, OR PRESCRIBED BY THE SCREENED PERSON ARE
PAID IN WHOLE OR PART, DIRECTLY OR INDIRECTLY, BY FEDERAL HEALTH CARE PROGRAMS
OR OTHERWISE
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WITH FEDERAL FUNDS AT LEAST UNTIL SUCH TIME AS THE SCREENED PERSON IS REINSTATED
INTO PARTICIPATION IN THE FEDERAL HEALTH CARE PROGRAMS.
4.
PENDING CHARGES AND PROPOSED EXCLUSIONS.
IF TENET HAS ACTUAL
NOTICE THAT A SCREENED PERSON IS CHARGED WITH A CRIMINAL OFFENSE THAT FALLS
WITHIN THE AMBIT OF 42 U.S.C. §§ 1320A-7(A), 1320A-7(B)(L)-(3), OR IS PROPOSED
FOR EXCLUSION DURING HIS, HER OR ITS EMPLOYMENT OR CONTRACT TERM OR, IN THE CASE
OF A PHYSICIAN, DURING THE TERM OF THE PHYSICIAN'S MEDICAL STAFF PRIVILEGES,
TENET SHALL TAKE ALL APPROPRIATE ACTIONS TO ENSURE THAT THE RESPONSIBILITIES OF
THAT SCREENED PERSON HAVE NOT AND SHALL NOT ADVERSELY AFFECT THE QUALITY OF CARE
RENDERED TO ANY BENEFICIARY, PATIENT, OR RESIDENT, OR THE ACCURACY OF ANY CLAIMS
SUBMITTED TO ANY FEDERAL HEALTH CARE PROGRAM.
G.
NOTIFICATION OF GOVERNMENT INVESTIGATION OR LEGAL PROCEEDINGS.
Within 30 days after discovery, Tenet shall notify OIG, in writing, of any
ongoing investigation or legal proceeding known to Tenet conducted or brought by
a governmental entity or its agents involving an allegation that