-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, Abhxvkeemc2Q+z5yl24mdRvXixtfP3TI4h/bXeKukC5wOoe52LRNoRmqtTjIrw4z Uc4guybVZlPfqqtzy4ejSg== 0001179022-02-000003.txt : 20020812 0001179022-02-000003.hdr.sgml : 20020812 20020812172858 ACCESSION NUMBER: 0001179022-02-000003 CONFORMED SUBMISSION TYPE: 8-K/A PUBLIC DOCUMENT COUNT: 3 CONFORMED PERIOD OF REPORT: 20020812 ITEM INFORMATION: Financial statements and exhibits ITEM INFORMATION: FILED AS OF DATE: 20020812 FILER: COMPANY DATA: COMPANY CONFORMED NAME: GENTIVA HEALTH SERVICES INC CENTRAL INDEX KEY: 0001096142 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-HEALTH SERVICES [8000] IRS NUMBER: 364335801 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K/A SEC ACT: 1934 Act SEC FILE NUMBER: 001-15669 FILM NUMBER: 02727697 BUSINESS ADDRESS: STREET 1: 3 HUNTINGTON QUADRANGLE 2S CITY: MELVILLE STATE: NY ZIP: 11747-8943 BUSINESS PHONE: 6315017000 MAIL ADDRESS: STREET 1: 3 HUNTINGTON QUADRANGLE 2S CITY: MELVILLE STATE: NY ZIP: 11747-8943 FORMER COMPANY: FORMER CONFORMED NAME: OLSTEN HEALTH SERVICES HOLDING CORP DATE OF NAME CHANGE: 19991001 8-K/A 1 gentivahealth_8-ka.htm FORM 8-K/A Gentiva Health Services Form 8-K/A

SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

                       

FORM 8-K/A

 

CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934

 

 

Date of Report (date of earliest event reported): August 12, 2002

  

GENTIVA HEALTH SERVICES, INC.
(Exact Name of Registrant as Specified in Charter)

 

Delaware

1-15669

36-4335801

(State or Other Jurisdiction
of Incorporation)

(Commission File No.)

(IRS Employer
Identification No.)

  

3 Huntington Quadrangle, 2S, Melville, New York

11747-8943

(Address of Principal Executive Offices)

(Zip Code)

 

(631) 501-7000

(Registrant's telephone number, including area code)

 

Not Applicable

(Former name or former address, if changed since last report)

 


 


Item 7.

Financial Statements, Pro Forma Financial Information and Exhibits

(c)

Exhibits.
The following exhibits are filed herewith:

Exhibit No.

Description

 

 

99.1

Statement Under Oath Of Principal Executive Officer Regarding Facts And Circumstances Relating To Exchange Act Filings, dated August 12, 2002. 

 

 

99.2

Statement Under Oath Of Principal Financial Officer Regarding Facts And Circumstances Relating To Exchange Act Filings, dated August 12, 2002. 

 

Item 9.      Regulation FD Disclosure

          This Report and the attached exhibits are being furnished pursuant to Regulation FD.  On August 12, 2002, Ronald A. Malone, the Chief Executive Officer of Gentiva Health Services, Inc., and John R. Potapchuk, the Chief Financial Officer of Gentiva Health Services, Inc., each re-filed with the Securities and Exchange Commission (the "Commission") the sworn statements required by the Commission's June 27, 2002 Order Requiring the Filing of Sworn Statements Pursuant to Section 21(a)(1) of the Securities Exchange Act of 1934 (File No. 4-460) (the "Order").  These officers had previously filed their sworn statements on August 7, 2002.  Item 3 in each of their August 7th sworn statements specifically listed the particular filings of Gentiva Health Services, Inc. which are "covered reports" under the Order.  These officers have re-filed their sworn statements with the Commission to conform in literal terms to the words of item 3 contained in Exhibit A to the Commission's Order. 

            A copy of the sworn statements are attached as Exhibits 99.1 and 99.2.



 

SIGNATURES

       Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

GENTIVA HEALTH SERVICES, INC.
(Registrant)

 

 

/s/ John R. Potapchuk                          
John R. Potapchuk
Senior Vice President and
Chief Financial Officer

 

 

Date:  August 12, 2002



EXHIBIT INDEX

 

Exhibit
Number


Description

 

99.1

Statement Under Oath Of Principal Executive Officer Regarding Facts And Circumstances Relating To Exchange Act Filings, dated August 12, 2002. 

 

 

99.2

Statement Under Oath Of Principal Financial Officer Regarding Facts And Circumstances Relating To Exchange Act Filings, dated August 12, 2002. 

 

 

 


EX-99 3 exhibit991.htm EXHIBIT 99.1 STATEMENT UNDER OATH OF PRINCIPAL EXECUTIVE OFFICER

Exhibit 99.1

STATEMENT UNDER OATH OF PRINCIPAL EXECUTIVE OFFICER
REGARDING FACTS AND CIRCUMSTANCES RELATING TO EXCHANGE ACT FILINGS

I, Ronald A. Malone, state and attest that:

1.             To the best of my knowledge, based upon a review of the covered reports of Gentiva Health Services, Inc., and, except as corrected or supplemented in a subsequent covered report:

  • no covered report contained an untrue statement of a material fact as of the end of the period covered by such report (or in the case of a report on Form 8-K or definitive proxy materials, as of the date on which it was filed); and
  • no covered report omitted to state a material fact necessary to make the statements in the covered report, in light of the circumstances under which they were made, not misleading as of the end of the period covered by such report (or in the case of a report on Form 8-K or definitive proxy materials, as of the date on which it was filed).

2.             I have reviewed the contents of this statement with Gentiva Health Services, Inc.'s Audit Committee.

3.             In this statement under oath, each of the following, if filed on or before the date of this statement, is a "covered report":

  • Annual Report on Form 10-K for the fiscal year ended December 30, 2001 of Gentiva Health Services, Inc.;
  • all reports on Form 10-Q, all reports on Form 8-K and all definitive proxy materials of Gentiva Health Services, Inc. filed with the Commission subsequent to the filing of the Form 10-K identified above; and
  • any amendments to any of the foregoing. 




/s/ Ronald A. Malone                           

Ronald A. Malone
Chief Executive Officer
August 12, 2002

Subscribed and sworn to before me this 12th day of August, 2002

 /s/ Audrey K. Trachtenberg               
Notary Public
My commission expires: 6/27/06

 

EX-99 4 exhibit992.htm EXHIBIT 99.2 STATEMENT UNDER OATH OF PRINCIPAL EXECUTIVE OFFICER

Exhibit 99.2

STATEMENT UNDER OATH OF PRINCIPAL FINANCIAL OFFICER
REGARDING FACTS AND CIRCUMSTANCES RELATING TO EXCHANGE ACT FILINGS

I, John R. Potapchuk, state and attest that:

1.             To the best of my knowledge, based upon a review of the covered reports of Gentiva Health Services, Inc., and, except as corrected or supplemented in a subsequent covered report:

  • no covered report contained an untrue statement of a material fact as of the end of the period covered by such report (or in the case of a report on Form 8-K or definitive proxy materials, as of the date on which it was filed); and
  • no covered report omitted to state a material fact necessary to make the statements in the covered report, in light of the circumstances under which they were made, not misleading as of the end of the period covered by such report (or in the case of a report on Form 8-K or definitive proxy materials, as of the date on which it was filed).

2.             I have reviewed the contents of this statement with Gentiva Health Services, Inc.'s Audit Committee.

3.             In this statement under oath, each of the following, if filed on or before the date of this statement, is a "covered report":

  • Annual Report on Form 10-K for the fiscal year ended December 30, 2001 of Gentiva Health Services, Inc.;
  • all reports on Form 10-Q, all reports on Form 8-K and all definitive proxy materials of Gentiva Health Services, Inc. filed with the Commission subsequent to the filing of the Form 10-K identified above; and
  • any amendments to any of the foregoing. 

 




/s/ John R. Potapchuk                          

John R. Potapchuk
Chief Financial Officer
August 12, 2002

Subscribed and sworn to before me this 12th day of August, 2002

 /s/ Audrey K. Trachtenberg               
Notary Public
My commission expires: 6/27/06

 

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