6-K

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

FORM 6-K

REPORT OF FOREIGN PRIVATE ISSUER

Pursuant to Rule 13a-16 or 15d-16 of the

Securities Exchange Act of 1934

For the month of January 2017

FRESENIUS MEDICAL CARE AG & Co. KGaA

(Translation of registrant’s name into English)

Else-Kröner Strasse 1

61346 Bad Homburg

Germany

(Address of principal executive offices)

Indicate by check mark whether the registrant files or will file annual reports under cover of Form 20-F or Form 40-F.

Form 20-F  x Form 40-F  o

Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(1): o

Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(7): o

Indicate by check mark whether the registrant by furnishing the information contained in this Form is also thereby furnishing the information to the Commission pursuant to Rule 12g3-2(b) under the Securities Exchange Act of 1934.

Yes  o No  x

If “Yes” is marked, indicate below the file number assigned to the registrant in connection with Rule 12g3-2(b): 82

On January 7, 2017, Fresenius Medical Care AG & Co. KGaA (the “Company”) issued an Ad-hoc statement announcing the potential impacts of an interim final rule promulgated by the Centers for Medicare and Medicaid Services in the United States related to premium assistance programs.

EXHIBITS

Exhibit 99.1Ad-hoc statement on the impact of potential regulation change issued January 7, 2017.

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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 thereunto duly authorized.

DATE: January 9, 2017

FRESENIUS MEDICAL CARE AG & Co. KGaA,
a partnership limited by shares, represented by:
FRESENIUS MEDICAL CARE MANAGEMENT AG, its
general partner
By:	/s/ RICE POWELL
	Name:	Rice Powell
	Title:	Chief Executive Officer and
		Chairman of the Management Board
		of the General Partner
By:	/s/ MICHAEL BROSNAN
	Name:	Michael Brosnan
	Title:	Chief Financial Officer and
		Member of the Management Board
		of the General Partner

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EX-99.1

Exhibit 99.1

Fresenius Medical Care: Impact of potential regulation change

Centers for Medicare and Medicaid Services (CMS) promulgated a new regulation regarding premium assistance programs that help to fund health insurance premiums for patients with end stage renal disease (ESRD).  Many financially needy Americans receive grants from nonprofit charities to help them obtain health insurance.  For decades, the American Kidney Fund (AKF) has provided such premium assistance to ESRD patients.

The new regulation, which is scheduled to become effective on January 13, 2017, threatens to put an end to premium assistance for certain ESRD patients.  The regulation, should it become effective, and the continuing efforts by insurers — through their discussions with CMS and otherwise — to reject premium assistance for ESRD patients, may result in a material adverse effect on our business. Between 700 and 2,000 FMCNA ESRD patients who currently use premium assistance in connection with individual market plans on and off the exchanges may be impacted by the regulation and/or continuing insurer efforts to reject premium assistance.

Fresenius Medical Care Holdings, Inc. (FMCNA) has joined other providers and patient advocates in filing a lawsuit challenging the rulemaking process and stop the regulation to become effective.

On January 3, 2017, FMCNA accepted service of a subpoena from the United States Attorney for the District of Massachusetts calling for the production of information related to the premium assistance program operated by the AKF.  FMCNA is cooperating with this investigation.