1 unchanged sentence
Regulatory Matters — Laws and regulations governing Medicare and Medicaid programs are complex and subject to review and interpretation.
−Removed: Compliance with such laws and regulations can be subject to future governmental review and interpretation, as well as significant regulatory action including fines, penalties, and exclusion from certain governmental programs.
−Removed: Included in these laws and regulations is HIPAA, which requires healthcare providers (among other things) to safeguard the privacy and security of certain health information.
+Added: Compliance with such laws and regulations is evaluated regularly, the results of which can be subject to future governmental review and interpretation, and can include significant regulatory action with fines, penalties, and exclusion from certain governmental programs.
+Added: Included in these laws and regulations is HIPAA, the terms of which require healthcare providers (among other things) to safeguard the privacy and security of certain patient protected health information.
Cost-Containment Measures — Both government and private pay sources have instituted cost-containment measures designed to limit payments made to providers of healthcare services, and there can be no assurance that future measures designed to limit payments made to providers will not adversely affect us.
5 unchanged sentences
In connection with the spin-off transaction, certain landlords required, in exchange for their consent to the transaction, that our lease guarantees remain in place for a certain period of time following the spin-off.
−Removed: These guarantees could result in
−Removed: significant additional liabilities and obligations for us if Pennant were to default on their obligations under their leases with respect to these properties.
+Added: These guarantees could result in significant additional liabilities and obligations for us if Pennant were to default on their obligations under their leases with respect to these properties.
Department of Justice Civil Investigative Demand — On May 31, 2018, we received a CID from the U.S.
4 unchanged sentences
We have fully cooperated with the U.S.
−Removed: Department of Justice and promptly responded to their requests for information, and have been advised that the U.S.
−Removed: Department of Justice has declined to intervene in any subsequent action filed by a relator in connection with the subject matter of this investigation.
+Added: Department of Justice and promptly responded to its requests for information;
+Added: in April 2020, we were advised that the U.S.
+Added: Department of Justice declined to intervene in any subsequent action filed by a relator in connection with the subject matter of this investigation.
Litigation — We and our independent operating entities are party to various legal actions and administrative proceedings, and are subject to various claims arising in the ordinary course of business, including claims that services provided to patients by our independent operating entities have resulted in injury or death, and claims related to employment and commercial matters.
17 unchanged sentences
Such exclusions could have a correlative negative impact on our financial performance.
−Removed: Under the qui tam or "whistleblower" provisions of the False Claims Act, a private individual with knowledge of fraud may bring a claim on behalf of the Federal Government and receive a percentage of the Federal Government's recovery.
+Added: Under the qui tam or "whistleblower" provisions of the False Claims Act, a private individual with knowledge of fraud or potential fraud may bring a claim on behalf of the Federal Government and receive a percentage of the Federal Government's recovery.
Due to these whistleblower incentives, qui tam lawsuits have become more frequent.
For example, and despite the decision of the U.S.
−Removed: Department of Justice to decline to participate in litigation based on the subject matter of its previously issued Civil Investigative Demand, the qui tam relator is continuing on with the lawsuit and pursuing claims that one or more of the Company's independent operating entities have allegedly violated the False Claims Act and/or the Anti-Kickback Statute.
+Added: Department of Justice to decline to participate in litigation based on the subject matter of its previously issued Civil Investigative Demand, the involved qui tam relator is continuing on with the lawsuit and pursuing claims that one or more of the Company's independent operating entities have allegedly violated the False Claims Act and/or the Anti-Kickback Statute.
In addition to the Federal False Claims Act, some states, including California, Arizona and Texas, have enacted similar whistleblower and false claims laws and regulations.
−Removed: Further, the Deficit Reduction Act of 2005 created incentives for states to
−Removed: enact anti-fraud legislation modeled on the Federal False Claims Act.
+Added: Further, the Deficit Reduction Act of 2005 created incentives for states to enact anti-fraud legislation modeled on the Federal False Claims Act.
As such, we and our independent operating subsidiaries could face increased scrutiny, potential liability, and legal expenses and costs based on claims under state false claims acts in markets where our independent operating subsidiaries do business.
6 unchanged sentences
Thus, an employment relationship is generally not required in order to qualify for protection against retaliation for whistleblowing.
−Removed: Healthcare litigation (including class action litigation) is common and is filed based upon a wide variety of claims and theories, and our independent operating entities are routinely subjected to varying types of claims, including class action "staffing" suits.
+Added: Healthcare litigation (including class action litigation) is common and is filed based upon a wide variety of claims and theories, and our independent operating entities are routinely subjected to varying types of claims, including class action "staffing" suits where the allegation is understaffing at the facility level.
These class-action “staffing” suits have the potential to result in large jury verdicts and settlements.
11 unchanged sentences
We anticipate that these Reviews could increase in frequency in the future.
−Removed: As of June 30, 2021, none of our independent operating subsidiaries had Reviews scheduled, on appeal, or in a dispute resolution process.
+Added: As of September 30, 2021 and subsequently, seven of our independent operating subsidiaries had Reviews scheduled, on appeal, or in a dispute resolution process.
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.