ATTACHMENT D.1 - COMPLIANCE OBLIGATIONS.pdf

ATTACHMENT D.2 – Compliance Obligations

COMPLIANCE OBLIGATIONS. The Department of Veterans Affairs d/b/a El Paso VA Health Care System represents that it read, understands, and shall abide by Tenet’s Standards of Conduct. The parties to this Agreement shall comply with Tenet’s Compliance Program and Tenet’s policies and procedures related to the Deficit Reduction Act of 2005, Anti-Kickback Statute and the Stark Law. Tenet’s Standards of Conduct, summary of Compliance Program, and policies and procedures, including a summary of the Federal False Claims Act and applicable state false claims laws (collectively “False Claims Laws”) with descriptions of penalties and whistleblower protections pertaining to such laws, are available at:

http://www.tenethealth.com/about/ethics-compliance. The Department of Veterans Affairs d/b/a El Paso VA Health Care System shall require any employees providing services to Hospital to read the Standards of Conduct and information concerning Tenet’s Compliance Program and abide by same. Further, the parties to this Agreement certify that they shall not violate the Anti-Kickback Statute and Stark Law, and shall abide by the Deficit Reduction Act of 2005, as applicable, in providing services to Hospital.

Hardcopies of any information shall be made available upon request. The Department of Veterans Affairs d/b/a El Paso VA Health Care System and any employees, if applicable, shall complete any training required under Tenet’s Compliance Program.

EXCLUSION LISTS SCREENING. The Department of Veterans Affairs d/b/a El Paso VA Health Care System shall screen all of its current and prospective owners, legal entities, officers, directors, employees, contractors, and agents (“Screened Persons”) against (a) the United States Department of Health and Human Services/Office of Inspector General List of Excluded Individuals/Entities (available through the Internet at http://www.oig.hhs.gov), (b) the General Services Administration’s System for Award Management (available through the Internet at http://www.sam.gov), and (c) any applicable state healthcare exclusion list (collectively, the “Exclusion Lists”) to ensure that none of the Screened Persons are currently excluded, debarred, suspended, or otherwise ineligible to participate in Federal healthcare programs or in Federal procurement or non-procurement programs, or have been convicted of a criminal offense that falls within the ambit of 42 U.S.C. § 1320a-7(a), but have not yet been excluded, debarred, suspended, or otherwise declared ineligible (each, an “Ineligible Person”). If, at any time during the term of this Agreement any Screened Person becomes an Ineligible Person or proposed to be an Ineligible Person, The Department of Veterans Affairs d/b/a El Paso VA Health Care System shall immediately notify Hospital of the same.

Screened Persons shall not include any employee, contractor or agent who is not providing services under this Agreement.