-----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, J5PCmF/zVhqXpr50eeB/VzbkFRwRUYryeLV+QG1wjwXNgzOGFcjJdBSDzrnOzIR6 zz38rtGsy+CajG/cU0kTEA== 0001157523-04-008465.txt : 20040913 0001157523-04-008465.hdr.sgml : 20040913 20040913155441 ACCESSION NUMBER: 0001157523-04-008465 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20040913 ITEM INFORMATION: Other Events ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20040913 DATE AS OF CHANGE: 20040913 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: 041027602 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 a4718894.txt ADVOCAT 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) September 13, 2004 ADVOCAT, INC. (Exact name of registrant as specified in its charter) Delaware 001-12996 62-1559667 -------- --------- ---------- (State or other jurisdiction of (Commission File Number)(Employer Identification incorporation) 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): [ ] Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) [ ] Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) [ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) [ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) Item 8.01. Other Events. On September 13, 2004, Advocat, Inc. (the "Company") announced that it had reached an agreement with the Attorney General of the State of Arkansas to settle all civil claims the State had filed against the Company. A press release dated September 13, 2004 announcing the settlement is attached hereto as Exhibit 99.1. Item 9.01. Financial Statements and Exhibits. (c) Exhibits Number Exhibit ------ ------- 99.1 News Release dated September 13, 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. PRIVATE BUSINESS, INC. By: /s/ L. Glynn Riddle, Jr. ------------------------ L. Glynn Riddle, Jr Chief Financial Officer Date: September 13, 2004 EXHIBIT INDEX Number Exhibit ------ ------- 99.1 News Release dated September 13, 2004. EX-99.1 2 a4718894ex99.txt EXHIBIT 99.1 PRESS RELEASE Exhibit 99.1 Advocat Settles All Outstanding Claims With State of Arkansas FRANKLIN, Tenn.--(BUSINESS WIRE)--Sept. 13, 2004--Advocat Inc. (NASDAQ OTC:AVCA) today announced that it reached an agreement with the Attorney General for the State of Arkansas to settle all civil claims filed against the Company by the State for alleged violations by the Company in Arkansas. In the agreement, the Company did not admit or agree, to any degree, any violation of any statute nor any standard of care. In consideration of the settlement with the State of Arkansas, Advocat will pay the State $400,000 in monthly payments over 24 months and agreed to pay at least $600,000 to install sprinkler systems in nursing homes owned by the Company in the State of Arkansas. The settlement also included $300,000 in funds already expended by the Company for additional training of nursing home staff. "We are pleased to reach the settlement with Arkansas," stated William R. Council, III, Chief Executive Officer of Advocat. "We did not agree with the Attorney General's assertions in their lawsuits and were prepared to fight them vigorously. However, we understand and agree that this is a compromise settlement of doubtful and disputed claims. We appreciate the willingness of the Arkansas Attorney General to work with us on a settlement and believe it is in the best interest of our residents in Arkansas and our shareholders. The safety and security of our residents was our primary goal and I believe this settlement with the State of Arkansas underscores our commitment to providing quality care," concluded Mr. Council. 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, 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. 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 CONTACT: Advocat Inc., Franklin William R. Council, III, 615-771-7575 -----END PRIVACY-ENHANCED MESSAGE-----