-----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, AlF3UtmtjEdpxjhp2feHQlsZJBah+WLk2zzA7UZnazvz6iDQyj1JZulCYj/1fZ49 zxOiLdfhFqBq6TYnhcaVOg== 0000891092-04-000848.txt : 20040220 0000891092-04-000848.hdr.sgml : 20040220 20040220122612 ACCESSION NUMBER: 0000891092-04-000848 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20040218 ITEM INFORMATION: Other events ITEM INFORMATION: Financial statements and exhibits FILED AS OF DATE: 20040220 FILER: COMPANY DATA: COMPANY CONFORMED NAME: ADVOCAT INC CENTRAL INDEX KEY: 0000919956 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-SKILLED NURSING CARE FACILITIES [8051] IRS NUMBER: 621559667 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-12996 FILM NUMBER: 04618433 BUSINESS ADDRESS: STREET 1: 277 MALLORY STATION RD STREET 2: STE 130 CITY: FRANKLIN STATE: TN ZIP: 37067 BUSINESS PHONE: 6157717575 MAIL ADDRESS: STREET 1: 227 MALLORY STATION ROAD STREET 2: SUITE 130 CITY: FRANKLIN STATE: TN ZIP: 37064 8-K 1 e16991_8k.txt FORM 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): February 18, 2004 ADVOCAT INC. (Exact name of Registrant as specified in its charter) Delaware 001-12996 62-1559667 - ---------------------------- ---------------- ------------- (State or other jurisdiction (Commission File (IRS Employer of incorporation) Number) Identification Number) 277 Mallory Station Road, Suite 130 Franklin, Tennessee 37067 ------------------------------------------------------------- (Address of principal executive offices) (615) 771-7575 (Registrant's telephone number, including area code) ---------------------------------------------------- Not applicable -------------- (Former name or former address, if changed since last report) Table of Contents Item 5. Other Events. For the purpose of informing the market, the Registrant announces the state of Arkansas has filed six complaints against the Company involving five of the Company's nursing homes located in Arkansas. A press release dated February 19, 2004, is attached to this Report. Item 7. Financial Statements, Pro Forma Financial Information and Exhibits (c) Exhibits Number Exhibit ------ ------- 99.1 Press Release dated February 19, 2004 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. ADVOCAT INC. By: /s/ L. Glynn Riddle, Jr. ------------------------------- L. Glynn Riddle, Jr. Chief Financial Officer Date: February 19, 2004 Table of Contents Exhibit Index Exhibit No. ----------- 99.1 Press release dated February 19, 2004. EX-99.1 3 e16991ex99_1.txt PRESS RELEASE Exhibit 99.1 Advocat Named in Six Complaints Filed by State of Arkansas FRANKLIN, Tenn., Feb. 19 /PRNewswire-FirstCall/ -- Advocat Inc. (Nasdaq: AVCA) On February 18, 2004, the Company and certain of its subsidiaries were served in six lawsuits filed by the State of Arkansas involving fifteen patients at five nursing homes operated by the Company in Arkansas. The complaint alleges violations of the Arkansas Abuse of Adults Act and violation of the Arkansas Medicaid False Claims Act. The complaints, in the aggregate, seek actual damages totaling approximately $250,000 and fines and penalties in excess of $45 million. The Company intends to vigorously defend itself against these allegations. However, the Company cannot currently predict with certainty the ultimate impact of the above cases on the Company's financial condition, cash flows or results of operations. Certain statements made in this press release may constitute forward- looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Such forward-looking statements are based on management's current expectations and include known and unknown risks, uncertainties and other factors, many of which the Company is unable to predict or control, that may cause the Company' s actual results or performance to materially differ from any future results or performance expressed or implied by such forward- looking statements. These Forward-looking statements involve a number of risks and uncertainties, including but not limited to, the increased cost of borrowing under the Company's credit agreements, covenant waivers from the Company's lenders, possible amendments to the Company's credit agreements, ability to control ultimate professional liability costs, the impact of future licensing surveys, changes in applicable fire and other safety codes, changing economic conditions, factors affecting the long-term care industry in general, governmental reimbursement, government regulation, health care reforms, changing economic and market conditions and other risk factors detailed in the Company's Securities and Exchange Commission filings. The Company cautions investors that any forward-looking statements made by the Company are not necessarily indicative of future performance. Advocat Inc. is not responsible for updating the information contained in this press release beyond the published date, or for changes made to this document by wire services or Internet services. Advocat Inc. provides long-term care services to nursing home patients and residents of assisted living facilities in 9 states, primarily in the southeast, and three provinces in Canada. For additional information about the Company, visit Advocat's Web site: http://www.irinfo.com/avc . SOURCE Advocat Inc. -0- 02/19/2004 /CONTACT: William R. Council, III, Chief Executive Officer of Advocat Inc., +1-615-771-7575/ /Web site: http://www.irinfo.com/avc / (AVCA) CO: Advocat Inc. ST: Tennessee, Arkansas IN: HEA SU: LAW -----END PRIVACY-ENHANCED MESSAGE-----