-----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, DKXnhXFGyWeT4GtlffWZBx5Xt6L+hAecP9w4cAs+NwHGCCIArZceaaaibtoouT00 P5tKtU0DiL6uJL5+7kVPJg== 0000950144-05-006264.txt : 20050611 0000950144-05-006264.hdr.sgml : 20050611 20050607120814 ACCESSION NUMBER: 0000950144-05-006264 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20050607 ITEM INFORMATION: Other Events ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20050607 DATE AS OF CHANGE: 20050607 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: 05882235 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 g95753e8vk.htm ADVOCAT INC. Advocat Inc.
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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)
June 7, 2005 (June 7, 2005)

ADVOCAT INC.


(Exact name of registrant as specified in its charter)
         
Delaware   001-12996   62-1559667
         
(State or other jurisdiction
of incorporation)
  (Commission File
Number)
  (Employer 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)

     Check the appropriate box below if the Form 8-K is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2 below):

     
o
  Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
 
   
o
  Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
 
   
o
  Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
 
   
o
  Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
 
 

 


TABLE OF CONTENTS

Item 8.01. Other Events
Item 9.01. Financial Statements and Exhibits.
SIGNATURES
EXHIBIT INDEX
Ex-99.1 Press Release


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Item 8.01. Other Events

     On June 7, 2005 Advocat Inc. (the “Company”) announce revisions to the estimated impact of the Proposed RUG Refinement Rule issued by the Centers for Medicare and Medicaid (CMS). A press release announcing the revised estimates is attached as an exhibit hereto.

Item 9.01. Financial Statements and Exhibits.

  (c)   Exhibits

     
Number   Exhibit
99.1
  Press release dated June 7, 2005

 


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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 hereunto duly authorized.

         
    ADVOCAT INC.
 
       
  By:   /s/ L. Glynn Riddle, Jr.
       
      L. Glynn Riddle, Jr
Chief Financial Officer
 
       
Date: June 7, 2005
       

 


Table of Contents

EXHIBIT INDEX

     
Number   Exhibit
99.1
  Press Release dated June 7, 2005.

 

EX-99.1 2 g95753exv99w1.txt EX-99.1 PRESS RELEASE EXHIBIT 99.1 ADVOCAT INC. 277 MALLORY STATION ROAD, SUITE 130 FRANKLIN, TENNESSEE 37067 (615) 771-7575 NEWS RELEASE - -------------------------------------------------------------------------------- Contact: William R. Council, III Chief Executive Officer ADVOCAT REVISES ESTIMATED IMPACT OF PROPOSED RUG REFINEMENT RULE FRANKLIN, Tenn. - (June 7, 2005) - Advocat Inc. (NASDAQ OTC: AVCA) today revised its estimate of the impact on revenues of the proposed Resource Utilization Group (RUG) refinement. The Centers for Medicare and Medicaid (CMS) recently published a Notice of Proposed Rule Making for the implementation of the long-scheduled RUG refinement. According to the CMS press release, the Proposed Rule includes the introduction of nine new payment categories, increases in the case mix index for all of the RUG's and the elimination of the "add-on" payments that have increased the reimbursement for the last several years. The increase in payments associated with the RUG refinements, together with an annual inflation increase of approximately three percent, will (according to CMS) "result in virtually no change in overall SNF Medicare payments in FY 2006." The Company had previously reported that the possible impact from the RUG revisions and add-on elimination could reduce revenue and cash flow before taxes by approximately $3.6 million per year. While the Company cannot at this time fully quantify the reimbursement impact, in part because CMS has not yet published all the data needed to quantify the effect, management currently believes that the proposed rules, if implemented, would result in a reduction in reimbursement for the Company in 2006 as compared to 2005. The Company's estimate of this effect is currently between $1.3 million and $2.0 million. The rules are not yet final and may not be implemented or may be revised prior to their adoption. The Company is actively involved, along with many other nursing home providers, in the review of the proposed rules and will be participating in providing comments to CMS for their review prior to the final implementation. Advocat also updated certain information regarding professional liability. The Company's professional liability expense was a negative $1.9 million in 2004, a net benefit resulting from downward revisions in previous estimates. The $1.9 million benefit included a provision for 2004 claims of $16.7 million, offset by a benefit of $18.6 million as a result of downward adjustments in the liability for claims incurred and accrued prior to 2004, as determined by quarterly actuarial valuations of the accruals for claims related to years 2003 and prior. The number of lawsuits filed against the Company was 19 in 2004 compared to 36 in 2003. Forward-looking statements made in this release involve a number of risks and uncertainties, including but not limited to, uncertainty regarding the Company's ability to restructure or refinance its debt, the impact of under-insured professional liability claims, the accuracy of the Company's estimate of its anticipated professional liability expense, factors affecting the long-term care industry in general, governmental reimbursement, government regulation, health care reforms, the impact of future licensing surveys, changing economic and market conditions and other risk factors detailed in the Company's Securities and Exchange Commission filings. The Company has provided additional information in its Annual Report on Form 10-K for the fiscal year ended December 31, 2004, as well as in other filings with the Securities and Exchange Commission, which readers are encouraged to review for further disclosure of other factors that could cause actual results to differ materially from those indicated in the forward-looking statements. 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 nine states, primarily in the Southeast. For additional information about the Company, visit Advocat's web site: http://www.irinfo.com/avc
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