Form 10-K

 

 

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

 

FORM 10-K

For the Fiscal Year Ended

December 31, 2010

ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE

SECURITIES EXCHANGE ACT OF 1934

Commission File Number: 1-14106

DAVITA INC.

1551Wewatta Street

Denver, Colorado 80202

Telephone number (303) 405-2100

 

Delaware   51-0354549
(State of incorporation)  

(I.R.S. Employer

Identification No.)

Securities registered pursuant to Section 12(b) of the Act:

 

Class of Security:   Registered on:

Common Stock, $0.001 par value

  New York Stock Exchange

Common Stock Purchase Rights

  New York Stock Exchange

Indicate by check mark if the registrant is a well-known seasoned issuer, as defined in Rule 405 of the Securities Act.    Yes  x    No  ¨

Indicate by check mark if the registrant is not required to file reports pursuant to Section 13 or Section 15(d) of the Exchange Act.    Yes  ¨    No  x

Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports) and (2) has been subject to such filing requirements for the past 90 days.    Yes  x    No  ¨

Indicate by check mark if disclosure of delinquent filers pursuant to Item 405 of Regulation S-K is not contained herein and will not be contained, to the best of registrant’s knowledge, in definitive proxy or information statements incorporated by reference in Part III of this Form 10-K or any amendment to this Form 10-K.  ¨

Indicate by check mark whether the registrant has submitted electronically and posted on its corporate Web site, if any, every Interactive Data File required to be submitted and posted pursuant to Rule 405 of Regulation S-T (§232.405 of this chapter) during the preceding 12 months (or for such shorter period that the registrant was required to submit and post such files).    Yes  x    No  ¨

Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, or a smaller reporting company. See the definitions of “large accelerated filer,” “accelerated filer” and “smaller reporting company” in Rule 12b-2 of the Exchange Act. (Check one):

Large accelerated filer  x    Accelerated filer  ¨    Non-accelerated filer  ¨    Smaller reporting company  ¨

(Do not check if a smaller reporting company)

Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act).    Yes  ¨    No  x

As of June 30, 2010, the number of shares of the Registrant’s common stock outstanding was approximately 102.6 million shares and the aggregate market value of the common stock outstanding held by non-affiliates based upon the closing price of these shares on the New York Stock Exchange was approximately $6.4 billion.

As of January 31, 2011, the number of shares of the Registrant’s common stock outstanding was approximately 96.0 million shares and the aggregate market value of the common stock outstanding held by non-affiliates based upon the closing price of these shares on the New York Stock Exchange was approximately $7.1 billion.

Documents incorporated by reference

Portions of the Registrant’s proxy statement for its 2011 annual meeting of stockholders are incorporated by reference in Part III of this Form 10-K.

 

 

 


PART I

Item 1.    Business

We were incorporated as a Delaware corporation in 1994. Our annual report on Form 10-K, quarterly reports on Form 10-Q, current reports on Form 8-K and amendments to those reports filed or furnished pursuant to section 13(a) or 15(d) of the Exchange Act are made available free of charge through our website, located at http://www.davita.com, as soon as reasonably practicable after the reports are filed with or furnished to the Securities and Exchange Commission, or SEC. The SEC also maintains a website at http://www.sec.gov where these reports and other information about us can be obtained. The contents of our website are not incorporated by reference into this report.

Overview

DaVita is a leading provider of kidney dialysis services in the United States for patients suffering from chronic kidney failure, also known as end stage renal disease, or ESRD. As of December 31, 2010, we operated or provided administrative services to 1,612 outpatient dialysis centers located in 42 states and the District of Columbia, serving approximately 125,000 patients. We also provide acute inpatient dialysis services in approximately 750 hospitals and related laboratory services. Our dialysis and related lab services business accounts for approximately 94% of our consolidated net operating revenues. Our other ancillary services and strategic initiatives currently account for approximately 6% of our consolidated net operating revenues and relate primarily to our core business of providing kidney dialysis services.

The dialysis industry

The loss of kidney function is normally irreversible. Kidney failure is typically caused by Type I and Type II diabetes, high blood pressure, polycystic kidney disease, long-term autoimmune attack on the kidney and prolonged urinary tract obstruction. ESRD is the stage of advanced kidney impairment that requires continued dialysis treatments or a kidney transplant to sustain life. Dialysis is the removal of toxins, fluids and salt from the blood of ESRD patients by artificial means. Patients suffering from ESRD generally require dialysis at least three times a week for the rest of their lives.

According to United States Renal Data System, there were 382,000 ESRD dialysis patients in the United States in 2008 and the underlying ESRD dialysis patient population has grown at an approximate compound rate of 3.8% from 2000 to 2008, the latest period for which such data is available. The growth rate is attributable to the aging of the population, increased incidence rates for diseases that cause kidney failure such as diabetes and hypertension, lower mortality rates for dialysis patients and growth rates of minority populations with higher than average incidence rates of ESRD.

Since 1972, the federal government has provided health care coverage for ESRD patients under the Medicare ESRD program regardless of age or financial circumstances. ESRD is the first and only disease state eligible for Medicare coverage both for dialysis and dialysis-related services and for all benefits available under the Medicare program. Under this system, Congress established Medicare rates for dialysis treatments, related supplies, lab tests and medications. Although Medicare reimbursement limits the allowable charge per treatment, it provides industry participants with a relatively predictable and recurring revenue stream for dialysis services provided to patients without commercial insurance. Approximately 89% of our total patients are under government-based programs, with approximately 80% of our patients under Medicare and Medicare-assigned plans.

Prior to January 2011, dialysis providers operating under the Medicare ESRD program received a composite payment rate to cover routine dialysis treatments and certain supplies. There was a separate payment for laboratory testing and pharmaceuticals such as erythropoietin, or EPO, vitamin D analogs and iron supplements

 

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that were not included in the composite payment rate. However, beginning in January 2011, Medicare implemented a new payment system in which all ESRD payments are now made under a single bundled payment rate that provides for an annual inflation adjustment based upon a market basket index, less a productivity improvement factor. The bundled payment rate provides a fixed rate to encompass all goods and services provided during the dialysis treatment, including pharmaceuticals that were historically separately reimbursed to the dialysis providers, such as EPO, vitamin D analogs and iron supplements, irrespective of the level of pharmaceuticals administered or additional services performed. Most lab services that used to be paid directly to laboratories are also included in the new payment bundle.

Treatment options for ESRD

Treatment options for ESRD are dialysis and kidney transplantation.

Dialysis Options

 

   

Hemodialysis

Hemodialysis, the most common form of ESRD treatment, is usually performed at a freestanding outpatient dialysis center, a hospital-based outpatient center, or at the patient’s home. The hemodialysis machine uses an artificial kidney, called a dialyzer, to remove toxins, fluids and salt from the patient’s blood. The dialysis process occurs across a semi-permeable membrane that divides the dialyzer into two distinct chambers. While blood is circulated through one chamber, a pre-mixed fluid is circulated through the other chamber. The toxins, salt and excess fluids from the blood cross the membrane into the fluid, allowing cleansed blood to return into the patient’s body. Each hemodialysis treatment that occurs in the outpatient dialysis centers typically lasts approximately three and one-half hours and is usually performed three times per week.

Some ESRD patients who are healthier and more independent may perform home-based hemodialysis in their home or residence through the use of a hemodialysis machine designed for home therapy that is portable, smaller and easier to use. Patients receive training, support and monitoring from registered nurses, in some cases in our outpatient dialysis centers, in connection with treatments. Home-based hemodialysis is typically performed with greater frequency than dialysis treatments performed in outpatient dialysis centers and on varying schedules.

Hospital inpatient hemodialysis services are required for patients with acute kidney failure resulting from trauma, patients in early stages of ESRD, and ESRD patients who require hospitalization for other reasons. Hospital inpatient hemodialysis is generally performed at the patient’s bedside or in a dedicated treatment room in the hospital, as needed.

 

   

Peritoneal dialysis

Peritoneal dialysis uses the patient’s peritoneal or abdominal cavity to eliminate fluid and toxins and is typically performed at home. The most common methods of peritoneal dialysis are continuous ambulatory peritoneal dialysis, or CAPD, and continuous cycling peritoneal dialysis, or CCPD. Because it does not involve going to an outpatient dialysis center three times a week for treatment, peritoneal dialysis is an alternative to hemodialysis for patients who are healthier, more independent and desire more flexibility in their lifestyle. However, peritoneal dialysis is not a suitable method of treatment for many patients, including patients who are unable to perform the necessary procedures and those at greater risk of peritoneal infection.

CAPD introduces dialysis solution into the patient’s peritoneal cavity through a surgically placed catheter. Toxins in the blood continuously cross the peritoneal membrane into the dialysis solution. After several hours, the patient drains the used dialysis solution and replaces it with fresh solution. This procedure is usually repeated four times per day.

 

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CCPD is performed in a manner similar to CAPD, but uses a mechanical device to cycle dialysis solution through the patient’s peritoneal cavity while the patient is sleeping or at rest.

 

   

Kidney transplantation

Although kidney transplantation, when successful, is generally the most desirable form of therapeutic intervention, the shortage of suitable donors, side effects of immunosuppressive pharmaceuticals given to transplant recipients and dangers associated with transplant surgery for some patient populations limit the use of this treatment option.

Services we provide

Dialysis and Related Lab Services

Outpatient dialysis services

As of December 31, 2010, we operated or provided administrative services to 1,612 outpatient dialysis centers in the United States that are designed specifically for outpatient hemodialysis. In 2010, we added a net total of 82 outpatient dialysis centers primarily as a result of acquisitions and the opening of new centers, net of center closures and divestitures. This represented a total increase of approximately 5% to our overall network of outpatient dialysis centers.

As a condition of our enrollment in Medicare, we contract with a nephrologist or a group of affiliated nephrologists to provide medical director services at each of our centers. In addition, other nephrologists may apply for practice privileges to treat their patients at our centers. Each center has an administrator, typically a registered nurse, who supervises the day-to-day operations of the center and its staff. The staff of each center typically consists of registered nurses, licensed practical or vocational nurses, patient care technicians, a social worker, a registered dietician, biomedical technician support and other administrative and support personnel.

Many of our outpatient dialysis centers offer services for dialysis patients who prefer and are able to perform either home-based hemodialysis in their homes or peritoneal dialysis. Home-based hemodialysis services consist of providing equipment and supplies, training, patient monitoring, on-call support services and follow-up assistance. Registered nurses train patients and their families or other caregivers to perform either home-based hemodialysis or peritoneal dialysis.

Under Medicare regulations, we cannot promote, develop or maintain any kind of contractual relationship with our patients which would directly or indirectly obligate a patient to use or continue to use our dialysis services, or which would give us any preferential rights other than those related to collecting payments for our services. Our total patient turnover averaged approximately 30% per year for the last two years. However, in 2010 the overall number of patients to whom we furnished services increased by approximately 6%, primarily from continued growth within the industry, lower mortality rates and the opening of new centers and acquisitions.

Hospital inpatient hemodialysis services

We provide hospital inpatient hemodialysis services, excluding physician services, to patients in approximately 750 hospitals. We render these services for a contracted per-treatment fee that is individually negotiated with each hospital. When a hospital requests our services, we typically administer the dialysis treatment at the patient’s bedside or in a dedicated treatment room in the hospital, as needed. Hospital inpatient hemodialysis services are required for patients as discussed above. In 2010, hospital inpatient hemodialysis services accounted for approximately 4% of our total dialysis treatments.

 

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ESRD laboratory services

We own two separately incorporated, licensed, clinical laboratories specializing in ESRD patient testing. These specialized laboratories provide routine laboratory tests for dialysis and other physician-prescribed laboratory tests for ESRD patients. Our laboratories provide these tests predominantly for our network of ESRD patients throughout the United States. These tests are performed to monitor a patient’s ESRD condition, including the adequacy of dialysis, as well as other medical conditions. Our laboratories utilize information systems which provide information to our dialysis centers regarding critical outcome indicators.

Management services

We currently operate or provide management and administrative services to 32 outpatient dialysis centers in which we either own a minority equity investment or are wholly-owned by third parties. These services are provided pursuant to management and administrative services agreements. Management fees are established by contract and are recognized as earned typically based on a percentage of revenues or cash collections generated by the centers.

Ancillary services and strategic initiatives

Ancillary services and strategic initiatives, which currently account for approximately 6% of our total consolidated net operating revenues, consist of the following:

 

   

Pharmacy services.    DaVita Rx is a pharmacy that provides oral medications to DaVita’s patients with ESRD. The main objectives of the pharmacy are to improve clinical outcomes by facilitating increased patient compliance and to provide our patients a convenient way to fill their prescription needs by delivering the prescriptions to the center where they are treated. Revenues are recognized as prescriptions are filled and shipped to patients.

 

   

Infusion therapy services.    HomeChoice Partners provides personalized infusion therapy services to patients typically in their own homes as a cost-effective alternative to inpatient hospitalization. Intravenous and nutritional support therapies are typically managed by registered and/or board-certified professionals including pharmacists, nurses and dieticians in collaboration with the patient’s physician in support of the patient’s ongoing health care needs. Revenues are recognized in the period when infusion therapy services are provided.

 

   

Disease management services.    VillageHealth provides advanced care management services to health plans and government agencies for employees/members diagnosed with Chronic Kidney Disease (CKD) or ESRD. Through a combination of clinical coordination, medical claims analysis and information technology, we endeavor to assist our customers and patients in obtaining superior renal health care and improved clinical outcomes, as well as helping to reduce overall medical costs. Revenues are typically based upon an established contract fee and are recognized as earned over the contract period and can include additional fees for cost savings recognized by certain customers.

 

   

Vascular access services.    Lifeline provides management and administrative services to physician-owned vascular access clinics that provide surgical and interventional radiology services for dialysis patients. Lifeline also is the majority-owner of one vascular access clinic. Management fees generated from providing management and administrative services are recognized as earned typically based on a percentage of revenues or cash collections generated by the clinics. Revenues associated with the vascular access clinic that is majority-owned are recognized in the period when physician services are provided.

 

   

ESRD clinical research programs.    DaVita Clinical Research conducts research trials principally with dialysis patients and provides administrative support for research conducted by DaVita-affiliated nephrology practices. Revenues are based upon an established fee per study, as determined by contract with drug companies and other sponsors and are recognized as earned according to the contract terms.

 

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Physician services.    DaVita Nephrology Partners offers practice management and administrative services to physicians who specialize in nephrology under management and administrative services agreements. Practice management and administrative services typically include operations management, IT support, billing and collections, credentialing and coding, and other support functions. Management fees generated from providing practice management and administrative services to physician practices are recognized as earned typically based upon cash collections generated by the practices.

Quality care

We employ 180 clinical service specialists. The primary focus of this group is assuring and facilitating processes that aim to achieve superior clinical outcomes at our centers.

Our physician leadership in the Office of the Chief Medical Officer (OCMO) includes eight senior nephrologists, led by our Chief Medical Officer, with a variety of academic, clinical practice, and clinical research backgrounds. Our Physician Council is an advisory body to senior management, composed of nine physicians with extensive experience in clinical practice in addition to the members of OCMO and five Group Medical Directors.

Sources of revenue—concentrations and risks

Our dialysis and related lab services business revenues represent approximately 94% of our consolidated net operating revenues for the year ended December 31, 2010, with the balance of our revenues from ancillary services and strategic initiatives. Dialysis and related lab services revenues are derived primarily from our core business of providing kidney dialysis services, the administration of pharmaceuticals, related laboratory services and to a lesser extent management fees generated from providing management and administrative services to certain outpatient dialysis centers.

The sources of our dialysis and related lab services revenues are principally from government-based programs, including Medicare and Medicare-assigned plans, Medicaid and Medicaid-assigned plans and commercial insurance plans.

The following table summarizes our dialysis and related lab services revenues by source for the year ended December 31, 2010:

 

     Revenue
percentages
 

Medicare and Medicare-assigned plans

     57

Medicaid and Medicaid-assigned plans

     6

Other government-based programs

     3
        

Total government-based programs

     66

Commercial (including hospital inpatient dialysis services)

     34
        

Total dialysis and related lab services revenues

     100
        

The following table summarizes our dialysis and related lab services revenues by modality for the year ended December 31, 2010:

 

     Revenue
percentages
 

Outpatient hemodialysis centers

     83

Peritoneal dialysis and home-based hemodialysis

     12

Hospital inpatient hemodialysis

     5
        

Total dialysis and related lab services revenues

     100
        

 

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Medicare revenue

Under the Medicare ESRD program, payment rates for dialysis are established by the U.S. Congress. Prior to January 2011, the Medicare composite rate set by the Centers for Medicare and Medicaid Services, or CMS, paid dialysis providers for services furnished to Medicare beneficiaries in two parts: (1) the composite payment which included a base payment, adjusted for case-mix which linked payments more closely with illness severity and regional geography differences, and a drug add-on payment, which was updated annually to account for changes in drug prices and utilization and (2) separately billable reimbursement for certain drugs. Thus, dialysis providers received a composite payment rate per treatment to cover routine dialysis services, certain pharmaceuticals, routine lab work, and other supplies, as well as a separate payment for pharmaceuticals, which include EPO (a pharmaceutical used to treat anemia, a common complication associated with ESRD), vitamin D analogs and iron supplements that are not included in the composite payment rate. Pharmaceuticals were generally paid at average sale price, or ASP, plus 6% based upon prices set by Medicare. The Medicare payment rates that were paid to us, including payments for separately billable drugs, were not sufficient to cover our average cost of providing a dialysis treatment.

ESRD patients receiving dialysis services become eligible for primary Medicare coverage at various times, depending on their age or disability status, as well as whether they are covered by an employer group health plan. Generally, for a patient not covered by an employer group health plan, Medicare becomes the primary payor either immediately or after a three-month waiting period. For a patient covered by an employer group health plan, Medicare generally becomes the primary payor after 33 months, which includes a three month waiting period, or earlier if the patient’s employer group health plan coverage terminates. When Medicare becomes the primary payor, the payment rate we receive for that patient shifts from the commercial insurance plan rate to the Medicare payment rate.

Medicare pays 80% of the amount set by the Medicare system for each covered treatment. The patient is responsible for the remaining 20%. In most cases, a secondary payor, such as Medicare supplemental insurance, a state Medicaid program or a commercial health plan, covers all or part of these balances. Some patients, who do not qualify for Medicaid but otherwise cannot afford secondary insurance, can apply for premium payment assistance from charitable organizations through a program offered by the American Kidney Fund. We and other dialysis providers support the American Kidney Fund and similar programs through voluntary contributions. If a patient does not have secondary insurance coverage, we are generally unsuccessful in our efforts to collect from the patient the 20% portion of the ESRD composite rate that Medicare does not pay. However, we are able to recover some portion of this unpaid patient balance from Medicare through an established cost reporting process by identifying these Medicare bad debts on each center’s Medicare cost report.

The Medicare composite payment rates set by Congress for dialysis treatments that were in effect for 2010 were between $151 and $169 per treatment, with an average rate of $161 per treatment. Historically, Medicare payment rates for dialysis services have not been routinely increased to compensate for the impact of inflation, which negatively impacted our margins as patient care costs continued to rise. The Medicare Improvements for Patients and Providers Act for 2008, or MIPPA, provided dialysis providers with an increase in the composite rate of 1% that went into effect on January 1, 2009 and an additional 1% that went into effect on January 1, 2010. This legislation also changed the way Medicare pays for dialysis services beginning in January 2011, as further described below. The new payment system also provides for an annual inflation adjustment based upon a market basket index, less a productivity adjustment, beginning in 2012. Also beginning in 2012, the rule provides for up to a 2% annual payment withhold that can be earned back by facilities that meet certain defined clinical performance standards.

The new payment system reimburses providers based on a single bundled or average payment for each Medicare treatment provided. The new bundled payment amount is designed to cover all dialysis services that were historically included in the composite rate and all separately billable ESRD services such as pharmaceuticals and laboratory tests. This new bundled payment rate is adjusted for certain patient characteristics, a geographic wage

 

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index and certain other factors. The initial 2011 bundled payment rate includes reductions of 2% and 3.1%, respectively, to conform to the provisions of MIPPA and to establish budget neutrality. Further, there is a 5.94% reduction tied to an expanded list of case mix adjustors which can be earned back based upon the presence of these certain patient characteristics and co-morbidities at the time of treatment. There are also other provisions which may impact payment including an outlier pool and a low volume facility adjustment. Historically, services that were separately billable accounted for approximately 30% of our total dialysis and related lab revenues. Now the dialysis providers are at risk for variations in pharmaceutical utilization since reimbursement set at a fixed average reimbursement rate. With regard to the expanded list of case-mix adjustors, these are difficult or, in some cases, have been impossible for our dialysis clinics to document and track, which could result in a reduction in the reimbursement amounts that we would otherwise be entitled to receive.

We are attempting to reduce our operating costs to minimize the overall negative financial impact from the reductions in reimbursement for services we provide to Medicare patients. However, certain operating expenditures, such as labor and supply costs, are subject to inflation, and without a compensating inflation-based increase in the new bundled payment rate system, could significantly impact our operating results.

We participated in two Medicare demonstration programs through a contract with CMS in 2010. One program was an ESRD demonstration program that started in January 2006 and terminated in December 2010. This program was converted into a full service health care plan for ESRD patients in 2011, which is referred to as a Medicare Advantage ESRD Special Needs Plan that works with CMS to provide ESRD patients full service health care. The revenue in 2010 was capitated for all medical services required by enrollees in the program. We are still at risk for all medical costs of the program in excess of the capitation payments. The other program is a CKD/ESRD demonstration program which started in November 2008 and will continue for three years. We are paid a management fee for program enrollees relating to CKD and ESRD disease states. Management fee revenues are subject to retraction if medical cost savings targets are not met.

Medicaid revenue

Medicaid programs are state-administered programs partially funded by the federal government. These programs are intended to provide health coverage for patients whose income and assets fall below state-defined levels and who are otherwise uninsured. These programs also serve as supplemental insurance programs for co-insurance payments due from Medicaid-eligible patients with primary coverage under Medicare. Some Medicaid programs also pay for additional services, including some oral medications that are not covered by Medicare. We are enrolled in the Medicaid programs in the states in which we conduct our business.

Commercial revenues

Before a patient becomes eligible to have Medicare as their primary payor for dialysis services, a patient’s commercial insurance plan, if any, is responsible for payment of such dialysis services. Although commercial payment rates vary significantly, average commercial payment rates are generally significantly higher than Medicare rates. The payments we receive from commercial payors generate nearly all of our profits. Payment methods from commercial payors include a single lump-sum per treatment, referred to as bundled rates, and in some cases separate payments for treatments and pharmaceuticals, if used as part of the treatment, referred to as fee for service rates. Commercial payment rates are typically the result of negotiations between us and insurers or third-party administrators. Our out-of-network payment rates are on average higher than in-network payment rates. In 2010, we entered into several new commercial contracts with certain commercial payors that will primarily pay us a single bundled payment rate for all dialysis services provided to patients covered by the commercial insurance plan. However, some of the contracts will pay us for certain other services and pharmaceuticals in addition to the bundled payment. These contracts contain annual escalators and effectively eliminate all payments for out-of-network patients. We are continuously in the process of negotiating agreements with our commercial payors and if our negotiations result in overall commercial rate reductions in excess of our commercial rate increases, our revenues and operating results could be negatively impacted. In addition, if there

 

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are sustained or increased job losses in the United States as a result of current economic conditions, or depending upon changes to the healthcare regulatory system, we could experience a decrease in the number of patients covered under commercial plans.

Approximately 34% of our dialysis and related lab services revenues and approximately 11% of our patients were associated with commercial payors for the year ended December 31, 2010. Less than 1% of our dialysis and related lab services revenues are due directly from patients. No single commercial payor accounted for more than 5% of total dialysis and related lab services revenues for the year ended December 31, 2010.

Revenue from EPO and other pharmaceuticals

Approximately 26% of our total dialysis and related lab services revenues for the year ended December 31, 2010 are associated with the administration of physician-prescribed pharmaceuticals that improve clinical outcomes when included with the dialysis treatment. These pharmaceuticals include EPO, vitamin D analogs and iron supplements. However, as described above, the majority of these pharmaceuticals will no longer be separately billable as a result of the new Medicare single bundled payment rate system effective in January 2011 as well as some of our new commercial contracts that implemented a single bundled payment rate.

EPO is an erythropoiesis stimulating agent, or ESA, genetically-engineered form of a naturally occurring protein that stimulates the production of red blood cells. EPO is used in connection with all forms of dialysis to treat anemia, a medical complication most ESRD patients experience. The administration of EPO, which was separately billable under the Medicare payment program through 2010, accounted for approximately 18% of our dialysis and related lab services revenues for the year ended December 31, 2010.

Furthermore, EPO is produced by a single manufacturer, Amgen, who can unilaterally increase its price for EPO at any time during the term of our agreement with them. Any interruption of supply or product cost increases could adversely affect our operations. In 2010, we experienced an increase in the cost of EPO of approximately 2%. In December 2010, we entered into a new Dialysis Organization Agreement (the “Agreement”) with Amgen USA Inc., a wholly owned subsidiary of Amgen Inc. The Agreement sets forth the terms under which we and certain of our affiliates will purchase EPO. The Agreement, among other things, provides for discount pricing and rebates for EPO. Some of the rebates are subject to various qualification requirements based on a variety of factors including process improvement targets, patient outcome targets and data submission. The term of the Agreement commenced January 1, 2011 and ends June 30, 2011.

There continues to be significant media discussion and government scrutiny regarding anemia management practices in the United States. In late 2006, the U.S. House of Representatives Ways and Means Committee held a hearing on the issue of the utilization of ESAs, which include EPO, and in 2007, the FDA required changes to the labeling of EPO and darbepoetin alfa, or Aranesp® to include a black box warning, the FDA’s strongest form of warning label. An FDA advisory panel on ESA use met in October 2010, which meeting was similar to the prior meeting held in 2007 in that there was significant discussion and concern about the safety of ESAs. The panel concluded it would not recommend a change in ESA labeling. However, the FDA is not bound by the panel’s recommendation. In addition, in June 2010, CMS opened a National Coverage Analysis (NCA) for ESAs. Further, in January 2011, CMS convened a meeting of the Medicare Evidence Development and Coverage Advisory Committee (MEDCAC) to evaluate evidence for the pending NCA. CMS expects to complete its decision memo in March 2011 and issue final guidance in June 2011. The foregoing congressional and agency activities and related actions could result in further restrictions on the utilization and reimbursement for ESAs. Commercial payors have also increasingly examined their administration policies for EPO and, in some cases, have modified those policies. Inclusion of EPO in the Medicare bundled payment rate, as well as in a bundled payment rate for several of our commercial payors, is expected to mitigate the effect of lower utilization of EPO. However, further changes in labeling of EPO and other pharmaceuticals in a manner that alters physician practice patterns or accepted clinical practices, changes in private and governmental payment criteria, including the introduction of EPO administration policies or the conversion to alternate types of administration of EPO or other pharmaceuticals that result in further decreases in utilization or reimbursement for EPO and other pharmaceuticals, could have a material adverse effect on our operating results.

 

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Physician relationships

An ESRD patient generally seeks treatment at an outpatient dialysis center near his or her home where his or her treating nephrologist has practice privileges. Our relationships with local nephrologists and our ability to meet their needs and the needs of their patients are key factors in the success of our dialysis operations. Over 3,900 nephrologists currently refer patients to our outpatient dialysis centers. As is typical in the dialysis industry, one or a few physicians, including the outpatient dialysis center’s medical director, usually account for all or a significant portion of an outpatient dialysis center’s patient base. If a significant number of physicians, including an outpatient dialysis center’s medical directors, were to cease referring patients to our outpatient dialysis centers, our business could be adversely affected.

Participation in the Medicare ESRD program requires that dialysis services at an outpatient dialysis center be under the general supervision of a medical director who is a licensed physician. We have engaged physicians or groups of physicians to serve as medical directors for each of our outpatient dialysis centers. At some outpatient dialysis centers, we also separately contract with one or more physicians to serve as assistant or associate medical directors or to direct specific programs, such as home dialysis training programs. We have contracts with approximately 1,400 individual physicians and physician groups to provide medical director services.

Medical directors enter into written contracts with us that specify their duties and fix their compensation generally for periods of ten years. The compensation of our medical directors is the result of arm’s length negotiations and generally depends upon an analysis of various factors such as the physician’s duties, responsibilities, professional qualifications and experience, among others.

Our medical director contracts generally include covenants not to compete. Also, when we acquire an outpatient dialysis center from one or more physicians or where one or more physicians own minority interests in our outpatient dialysis centers, these physicians have agreed to refrain from owning interests in other competing outpatient dialysis centers within a defined geographic area for various time periods. These agreements not to compete restrict the physicians from owning or providing medical director services to other outpatient dialysis centers, but do not prohibit the physicians from referring patients to any outpatient dialysis center, including competing centers. Many of these agreements not to compete continue for a period of time beyond expiration of the corresponding medical director agreements, although some expire at the same time as the medical director agreement. Occasionally, we experience competition from a new outpatient dialysis center established by a former medical director following the termination of his or her relationship with us.

Government regulation

Our dialysis operations are subject to extensive federal, state and local governmental regulations. These regulations require us to meet various standards relating to, among other things, government payment programs, dialysis facilities and equipment, management of centers, personnel qualifications, maintenance of proper records and quality assurance programs and patient care.

Because we are subject to a number of governmental regulations, our business could be adversely impacted by:

 

   

Loss or suspension of federal certifications;

   

Loss or suspension of licenses under the laws of any state or governmental authority from which we generate substantial revenues;

   

Exclusion from government healthcare programs including Medicare and Medicaid;

   

Significant reductions or lack of inflation-adjusted increases in payment rates or reduction of coverage for dialysis and ancillary services and related pharmaceuticals;

   

Fines, damages and monetary penalties for anti-kickback law violations, Stark Law violations, submission of false claims, civil or criminal liability based on violations of law or other failures to meet regulatory requirements;

 

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Claims for monetary damages from patients who believe their protected health information has been used or disclosed in violation of federal and state patient privacy laws;

   

Mandated changes to our practices or procedures that significantly increase operating expenses; or

   

Refunds of payments received from government payors and government health care program beneficiaries because of any failures to meet applicable requirements.

We expect that our industry will continue to be subject to substantial regulation, the scope and effect of which are difficult to predict. Our activities could be reviewed or challenged by regulatory authorities at any time in the future. This regulation and scrutiny could have a material adverse impact on us.

Licensure and Certification

Our dialysis centers are certified by CMS, as is required for the receipt of Medicare payments. In some states, our dialysis centers also are required to secure additional state licenses and permits. Governmental authorities, primarily state departments of health, periodically inspect our centers to determine if we satisfy applicable federal and state standards and requirements, including the conditions of participation in the Medicare ESRD program.

To date, we have not experienced significant difficulty in maintaining our licenses or our Medicare and Medicaid authorizations. However, we have experienced delays in obtaining certifications from CMS.

CMS continues to study the regulations applicable to Medicare certification to provide dialysis services. On April 15, 2008, CMS issued new regulations for Medicare-certified ESRD facilities to provide dialysis services, referred to as Conditions for Coverage. The Conditions for Coverage were effective October 14, 2008, with some provisions having a phased in implementation date of February 1, 2009. The new regulations are patient, quality and outcomes focused. Among other things, they establish performance expectations for facilities and staff, eliminate certain procedural requirements, and promote continuous quality improvement and patient safety measures. We have established an interdisciplinary work group to facilitate implementation of the Conditions of Coverage and have developed comprehensive auditing processes to monitor ongoing compliance. We continue to assess the impact these changes will have on our operating results.

Federal anti-kickback statute

The “anti-kickback” statute contained in the Social Security Act imposes criminal and civil sanctions on persons who receive, make, offer or solicit payments in return for:

 

   

The referral of a Medicare or Medicaid patient for treatment;

   

The ordering or purchasing of items or services that are paid for in whole or in part by Medicare, Medicaid or similar federal and state programs; or

   

Arranging for or recommending the ordering or purchasing of such items.

Federal criminal penalties for the violation of the anti-kickback statute include imprisonment, fines and exclusion of the provider from future participation in the Medicare and Medicaid programs. Violations of the anti-kickback statute are punishable by imprisonment for up to five years and fines of up to $250,000 or both. Larger fines can be imposed upon corporations under the provisions of the U.S. Sentencing Guidelines and the Alternate Fines Statute. Individuals and entities convicted of violating the anti-kickback statute are subject to mandatory exclusion from participation in Medicare, Medicaid and other federal healthcare programs for a minimum of five years. Civil penalties for violation of this law include up to $50,000 in monetary penalties per violation, repayments of up to three times the total payments between the parties and suspension from future participation in Medicare and Medicaid. Court decisions have also held that the statute is violated whenever one of the purposes of remuneration is to induce referrals.

 

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The Department of Health and Human Services regulations create exceptions or “safe harbors” for some business transactions and arrangements. Transactions and arrangements structured within these safe harbors are deemed to not violate the anti-kickback statute. A business transaction or arrangement must satisfy every element of a safe harbor to be protected by that safe harbor. Transactions and arrangements that do not satisfy all elements of a relevant safe harbor do not necessarily violate the statute, but can be subject to greater scrutiny by enforcement agencies.

Our medical directors refer patients to our centers, and these arrangements, by which we pay them for their medical director services, must be in compliance with the federal anti-kickback statute. Among the available safe harbors is one for personal services furnished for fair market value. However, most of our agreements with our medical directors do not satisfy all seven of the requirements of the personal services safe harbor. We believe that because of the nature of our medical directors’ duties, it is impossible to satisfy the anti-kickback safe-harbor requirement that if the services provided under the agreement are on a part-time basis, as they are with our medical directors, the agreement must specify the schedule of intervals of service, their precise length and the exact charge for such intervals. Accordingly, while we believe that our agreements with our medical directors satisfy as many of the elements of this safe harbor as we believe is reasonably possible, our arrangements do not qualify for safe harbor protection. We also note that there is little guidance available as to what constitutes fair market value for medical director services. We believe that our agreements do not violate the federal anti-kickback statute; however, since the arrangements do not satisfy all of the requirements for safe harbor protection, these arrangements could be challenged.

We own a controlling interest in numerous dialysis related joint ventures. These joint ventures represented approximately 18% of our dialysis and related lab services revenues. In addition, we also own minority equity investments in several other dialysis related joint ventures. Our relationships with physicians and other referral sources relating to these joint ventures are required to comply with the anti-kickback statute. Although there is a safe harbor for certain investment interests in “small entities,” it is not clear if any of our joint ventures satisfies all of the requirements for protection by this safe harbor. Under current law, physician joint ventures are not prohibited but instead require a case-by-case evaluation under the anti-kickback statute. We have structured our joint ventures to satisfy as many safe harbor requirements as we believe are reasonably possible. We believe that these investments are offered on a fair market value basis and provide returns to the physician investors only in proportion to their actual investment in the venture. We believe that our agreements do not violate the federal anti-kickback statute; however, since the arrangements do not satisfy all of the requirements for safe harbor protection, these arrangements could be challenged.

We lease space for approximately 450 of our centers from entities in which physicians hold ownership interests and we sublease space to referring physicians at approximately 200 of our dialysis centers. These arrangements must be in compliance with the anti-kickback statute. We believe that we meet the elements of the safe harbor for space rentals in all material respects.

Some medical directors and other referring physicians may own our common stock. We believe that these interests materially satisfy the requirements of the safe harbor for investments in large publicly traded companies for the anti-kickback statute.

Because we are purchasing and selling items and services in the operation of our centers that may be paid for, in whole or in part, by Medicare or a state healthcare program and because we acquire certain items and services at a discount, we must structure these arrangements in compliance with the federal anti-kickback statute. Subject to certain requirements and limitations, discounts representing reductions in the amounts we are charged for items or services based on arm’s-length transactions can qualify for safe harbor protection if we fully and accurately report the discounts in the applicable Medicare cost reports. While some of the safe harbor criteria are subject to interpretation, we believe that our vendor contracts with discount provisions are in compliance with the anti-kickback statute.

 

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Stark Law

Another federal law, known as the “Stark Law”, prohibits a physician who has a financial relationship, or who has an immediate family member who has a financial relationship, with entities providing designated health services, or DHS, from referring Medicare patients to such entities for the furnishing of such services, unless an exception applies. Stark Law DHS include home health services, outpatient prescription drugs, inpatient and outpatient hospital services and clinical laboratory services. The Stark Law also prohibits the DHS entity receiving a prohibited referral from filing a claim or billing for the services arising out of the prohibited referral. The prohibition applies regardless of the reasons for the financial relationship and the referral; unlike the federal anti-kickback statute, intent to induce referrals is not required. Sanctions for violation of the Stark Law include denial of payment for claims for services provided in violation of the prohibition, refunds of amounts collected in violation, a civil penalty of up to $15,000 for each service arising out of the prohibited referral, exclusion from the federal healthcare programs, including Medicare and Medicaid and a civil penalty of up to $100,000 against parties that enter into a scheme to circumvent the Stark Law prohibition. Stark Law violations also can form the basis for False Claims Act liability. The types of financial arrangements between a physician and a DHS entity that trigger the self-referral prohibitions of the Stark Law are broad and include direct and indirect ownership and investment interests and compensation arrangements.

CMS has adopted implementing regulations under the Stark Law, collectively, Stark Regulations. CMS has not yet adopted implementing regulations regarding application of the Stark Law to Medicaid, but has indicated that it anticipates issuing additional regulations regarding the application of the Stark Law to Medicaid referrals.

The definition of DHS under the Stark Law excludes services paid under a composite rate, even if some of the components bundled in the composite rate are DHS. Since most services furnished to Medicare beneficiaries provided in our dialysis centers are reimbursed through a composite rate, the services performed in our facilities generally are not DHS, and the Stark Law referral prohibition does not apply to those services. The definition of DHS also excludes inpatient dialysis performed in hospitals that are not certified to provide ESRD services. Consequently, our arrangements with such hospitals for the provision of dialysis services to hospital inpatients do not trigger the Stark Law referral prohibition.

In addition, although prescription drugs are DHS, there is an exception in the Stark Regulations for EPO and other specifically enumerated dialysis drugs when furnished in or by an ESRD facility, in compliance with the anti-kickback statute and applicable billing requirements. The exception is available only for drugs included on a list of CPT/HCPCS codes published by CMS, and in the case of home dialysis, the exception applies only to EPO, Aranesp® and equivalent drugs dispensed by the facility for use at home. While we believe that most drugs furnished by our dialysis centers are covered by the exception, dialysis centers may administer drugs that are not on the list of CPT/HCPCS codes and therefore do not meet this exception. In order for a physician who has a financial relationship with a dialysis center to order one of these drugs from the center and for the center to obtain Medicare reimbursement, another exception must apply.

We have entered into several types of financial relationships with referring physicians, including compensation arrangements. We believe that the compensation arrangements under our medical director agreements satisfy the personal services compensation arrangement exception to the Stark Law. While we believe that compensation under our medical director agreements, which is the result of arm’s length negotiations, results in fair market value payments for medical director services, an enforcement agency could nevertheless challenge the level of compensation that we pay our medical directors. If the arrangement does not meet a Stark Law exception, we could in the future be required to change our practices, face civil penalties, pay substantial fines, return certain payments received from Medicare and beneficiaries or otherwise experience a material adverse effect as a result of a challenge to payments made pursuant to referrals from these physicians under the Stark Law.

Some of our dialysis centers are leased from entities in which referring physicians hold interests and we sublease space to referring physicians at some of our dialysis centers. The Stark Law provides an exception for lease arrangements if specific requirements are met. We believe that our leases and subleases with referring physicians satisfy the requirements for this exception.

 

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Some medical directors and other referring physicians may own our common stock. We believe that these interests satisfy the Stark Law exception for investments in large publicly traded companies.

Some of our referring physicians also own equity interests in entities that operate our dialysis centers. None of the Stark Law exceptions applicable to physician ownership interests in entities to which they make DHS referrals applies to the kinds of ownership arrangements that referring physicians hold in several of our subsidiaries that operate dialysis centers. Accordingly, these dialysis centers cannot bill Medicare for DHS referrals from physician owners. If the dialysis centers bill for DHS referred by physician owners, the dialysis center would be subject to the Stark Law penalties described above.

While we believe that most of our operations do not implicate the Stark Law, and that to the extent that our dialysis centers furnish DHS, they either meet an exception or do not bill for services that do not meet a Stark Law exception, if CMS determined that we have submitted claims in violation to the Stark Law, we would be subject to the penalties described above. In addition, it might be necessary to restructure existing compensation agreements with our medical directors and to repurchase or to request the sale of ownership interests in subsidiaries and partnerships held by referring physicians or, alternatively, to refuse to accept referrals for DHS from these physicians. Any such penalties and restructuring could have a material adverse effect on our operations.

If any of our business transactions or arrangements, including those described above, were found to violate the federal anti-kickback statute of Stark Law, we could face criminal, civil or administrative sanctions, including possible exclusion from participation in Medicare, Medicaid and other state and federal healthcare programs. Any findings that we have violated these laws could have a material adverse impact on our operations.

Fraud and abuse under state law

Many states in which we operate dialysis centers have statutes prohibiting physicians from holding financial interests in various types of medical facilities to which they refer patients. Some of these statutes could be interpreted as prohibiting physicians who hold shares of our publicly traded stock from referring patients to our dialysis centers if the centers use our laboratory subsidiary to perform laboratory services for their patients. Some states also have laws similar to the federal anti-kickback statute that may affect our ability to receive referrals from physicians with whom we have financial relationships, such as our medical directors. Some state anti-kickback statutes also include civil and criminal penalties. Some of these statutes include exemptions applicable to our medical directors and other physician relationships or for financial interests limited to shares of publicly traded stock. Some, however, include no explicit exemption for medical director services or other services for which we contract with and compensate referring physicians or for joint ownership interests of the type held by some of our referring physicians or for financial interests limited to shares of publicly traded stock. If these statutes are interpreted to apply to referring physicians with whom we contract for medical director and similar services, to referring physicians with whom we hold joint ownership interests or to physicians who hold interests in DaVita limited solely to publicly traded stock, we may be required to terminate or restructure some or all of our relationships with or refuse referrals from these referring physicians and could be subject to civil and administrative sanctions, refund requirements and exclusions from government healthcare programs, including Medicare and Medicaid. Such events could negatively affect the decision of referring physicians to refer patients to our centers.

The False Claims Act

The federal False Claims Act, or FCA, is a means of policing false bills or false requests for payment in the healthcare delivery system. In part, the FCA authorizes the imposition of up to three times the government’s damages and civil penalties on any person who:

 

   

Knowingly presents or causes to be presented to the federal government, a false or fraudulent claim for payment or approval;

 

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Knowingly makes, uses or causes to be made or used, a false record or statement to get a false or fraudulent claim paid or approved by the federal government;

   

Conspires to defraud the federal government by getting a false or fraudulent claim allowed or paid; or

   

Knowingly makes, uses or causes to be made or used, a false record or statement to conceal, avoid or decrease an obligation to pay or transmit money or property to the federal government.

In addition, recent amendments to the FCA impose severe penalties for the knowing and improper retention of overpayments collected from government payors. These amendments could subject our procedures for identifying and processing overpayments to greater scrutiny. We have made significant investments in additional resources to accelerate the time it takes to identify and process overpayments and we may be required to make additional investments in the future. An acceleration in our ability to identify and process overpayments could result in us refunding overpayments to government or other payors sooner than we have in the past. A significant acceleration of these refunds could have a material adverse affect on our operating cash flows.

The penalties for a violation of the FCA range from $5,500 to $11,000 for each false claim plus three times the amount of damages caused by each such claim. The federal government has used the FCA to prosecute a wide variety of alleged false claims and fraud allegedly perpetrated against Medicare and state healthcare programs, including coding errors, billing for services not rendered, the submission of false cost reports, billing for services at a higher payment rate than appropriate, billing under a comprehensive code as well as under one or more component codes included in the comprehensive code and billing for care that is not considered medically necessary. Although still subject to dispute, several courts have also determined that a violation of the federal anti-kickback statute can form the basis for liability under the FCA, and filing claims or failing to refund amounts collected in violation of the Stark Law can form the basis for liability under the FCA. In addition to the provisions of the FCA, which provide for civil enforcement, the federal government can use several criminal statutes to prosecute persons who are alleged to have submitted false or fraudulent claims for payment to the federal government.

The Health Insurance Portability and Accountability Act of 1996

The Health Insurance Portability and Accountability Act of 1996 and its implementing privacy and security regulations, as amended by the federal Health Information Technology for Economic and Clinical Health Act (HITECH Act) (collectively referred to as HIPAA), requires us to provide certain protections to patients and their health information (Protected Health Information, or PHI). HIPAA requires us to afford patients certain rights regarding their PHI, and to limit uses and disclosure of their PHI existing in any media form (electronic and hardcopy). HIPAA also requires us to implement administrative, physical, and technical safeguards with respect to electronic PHI. We believe our HIPAA Privacy and Security Program sufficiently address HIPAA requirements.

Other regulations

Our operations are subject to various state hazardous waste and non-hazardous medical waste disposal laws. These laws do not classify as hazardous most of the waste produced from dialysis services. Occupational Safety and Health Administration regulations require employers to provide workers who are occupationally subject to blood or other potentially infectious materials with prescribed protections. These regulatory requirements apply to all healthcare facilities, including dialysis centers, and require employers to make a determination as to which employees may be exposed to blood or other potentially infectious materials and to have in effect a written exposure control plan. In addition, employers are required to provide or employ hepatitis B vaccinations, personal protective equipment and other safety devices, infection control training, post-exposure evaluation and follow-up, waste disposal techniques and procedures and work practice controls. Employers are also required to comply with various record-keeping requirements. We believe that we are in material compliance with these laws and regulations.

 

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A few states have certificate of need programs regulating the establishment or expansion of healthcare facilities, including dialysis centers. We believe that we are in material compliance with all applicable state certificate of need laws.

Corporate compliance program

Our dialysis operations are subject to extensive federal, state and local government regulations. Management has designed and implemented a company-wide corporate compliance program as part of our commitment to comply fully with all applicable laws and regulations and to maintain the high standards of conduct we expect from all of our teammates. We continuously review this program and enhance it as necessary. The primary purposes of the program include:

 

   

Increasing, through training and education, the awareness of our teammates and affiliated professionals of the necessity of complying with all applicable laws and regulations;

   

Auditing and monitoring the activities of our dialysis centers, laboratories and billing offices on a regular basis to identify potential instances of noncompliance in a timely manner;

   

Establishing guidelines around physicians roles and responsibilities that require our physicians attest to their adherence to these guidelines on a periodic basis; and

   

Ensuring that we take steps to resolve instances of noncompliance or to address areas of potential noncompliance as promptly as we become aware of them.

When evaluating the effectiveness of our corporate compliance program, we take into consideration a number of factors, including favorable results under various government inquiries and adherence to industry standards.

We have a code of conduct that each of our teammates and affiliated professionals must follow and we have a confidential toll-free hotline (888-458-5848) for teammates and patients to report potential instances of noncompliance. Our Chief Compliance Officer administers the compliance program. The Chief Compliance Officer reports directly to our Chief Executive Officer, our Chief Operating Officer and to the Compliance Committee of our Board of Directors.

Insurance

We maintain insurance for property and general liability, professional liability, directors’ and officers’ liability, workers compensation and other coverage in amounts and on terms deemed adequate by management based on our claims experience and expectations for future claims. Future claims could, however, exceed our applicable insurance coverage. Physicians practicing at our dialysis centers are required to maintain their own malpractice insurance and our medical directors are required to maintain coverage for their individual private medical practices. Our liability policies cover our medical directors for the performance of their duties as medical directors.

Capacity and location of our centers

We are able to increase our capacity by extending hours at our existing centers, expanding our existing centers, relocating our centers, developing new centers and by acquiring centers. The development of a typical outpatient dialysis center by us generally requires approximately $2.0 million for leasehold improvements, equipment and first-year working capital. Based on our experience, a new center typically opens within a year after the property lease is signed, normally achieves operating profitability in the second year after certification and normally reaches maturity within three to five years. Acquiring an existing outpatient dialysis center requires a substantially greater initial investment, but profitability and cash flow are generally initially more predictable. To a limited extent, we enter into agreements to provide management and administrative services to outpatient dialysis centers in which we either own a minority equity investment, or are wholly-owned by third parties in return for management fees, which are typically based on a percentage of revenues or cash collections of the managed operations.

 

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The table below shows the growth of our company by number of dialysis centers.

 

     2010     2009     2008      2007     2006  

Number of centers at beginning of year

     1,530        1,449        1,359         1,300        1,233   

Acquired centers

     41        19        20         16        26   

Developed centers

     65        78        86         64        55   

Net change in centers with management and administrative services agreements*

     —          8 (3)      1         (15 )(2)      —     

Sold and closed centers**

     (10     (8     (9      (4     (5 )(1) 

Closed centers***

     (14     (16     (8      (2     (9
                                         

Number of centers at end of year

     1,612        1,530        1,449         1,359        1,300   
                                         

 

(1) Three centers were divested in connection with the acquisition of DVA Renal Healthcare.
(2) In November 2007, one of our management and administration service agreements was terminated, in which we provided management and administrative services to 20 dialysis centers.
(3) During 2009, we made minority equity investments in 6 centers and we entered into 2 additional management and administrative service agreements.

 

* Represents dialysis centers in which we either own a minority equity investment, or are wholly-owned by third parties.
** Represents dialysis centers that were sold and/or closed in which patients were not retained.
*** Represents dialysis centers that were closed and the majority of patients were retained and transferred to other existing dialysis centers.

As of December 31, 2010, we operated or provided administrative services to 1,612 outpatient dialysis centers, of which 1,580 are consolidated in our financial statements. Of the remaining 32 unconsolidated outpatient dialysis centers, we own a minority equity investment in 18 centers and provide management and administrative services to 14 centers that are wholly-owned by third parties. The locations of the 1,580 outpatient dialysis centers consolidated in our financial statements at December 31, 2010 were as follows:

 

State

   Centers     

State

   Centers     

State

   Centers  

California

     203       Indiana      33       Oregon      15   

Florida

     133       New York      33       Nebraska      13   

Texas

     129       Oklahoma      30       Massachusetts      12   

Georgia

     100       Colorado      29       Arkansas      9   

Ohio

     73       Kentucky      29       District of Columbia      9   

Pennsylvania

     71       Louisiana      26       Idaho      8   

North Carolina

     59       South Carolina      26       Utah      4   

Illinois

     56       Arizona      23       Mississippi      3   

Michigan

     55       New Jersey      23       New Mexico      3   

Virginia

     55       Washington      21       South Dakota      3   

Maryland

     48       Connecticut      19       West Virginia      3   

Tennessee

     40       Kansas      18       New Hampshire      2   

Minnesota

     38       Wisconsin      17       North Dakota      2   

Missouri

     38       Iowa      16         

Alabama

     37       Nevada      16         

Competition

The dialysis industry has consolidated significantly over time but remains highly competitive, particularly in terms of acquiring existing outpatient dialysis centers. We continue to face increased competition in the dialysis industry from large and medium-sized providers who compete directly with us for the acquisition of dialysis businesses, relationships with physicians to act as medical directors and for individual patients. Acquisitions,

 

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patient retention and relationships with physicians are an important part of our growth strategy and our business could be adversely affected if we are not able to continue to make acquisitions on reasonable terms, experience significant patient attrition to our competitors and are not able to maintain or establish new relationships with physicians. Competition for qualified physicians to act as medical directors and for inpatient dialysis services agreements with hospitals is also intense. Occasionally, we have also experienced competition from former medical directors or referring physicians who have opened their own dialysis centers. In addition, we experience competitive pressures in connection with negotiating contracts with commercial healthcare payors.

The two largest dialysis companies, Fresenius Medical Care, or Fresenius, and our company, account for approximately two-thirds of outpatient dialysis patients in the United States with our company serving approximately 30% of the total outpatient dialysis patients. Approximately 40% of the centers not owned by us or Fresenius are owned or controlled by hospitals or non-profit organizations. Hospital-based and non-profit dialysis units typically are more difficult to acquire than physician-owned centers. Because of the ease of entry into the dialysis business and the ability of physicians to be medical directors for their own centers, competition for growth in existing and expanding markets is not limited to large competitors with substantial financial resources.

Fresenius also manufactures a full line of dialysis supplies and equipment in addition to owning and operating dialysis centers. This may give them cost advantages over us because of their ability to manufacture their own products. Fresenius has been one of our largest suppliers of dialysis products. In January 2010, we entered into an agreement with Fresenius which committed us to purchase a certain amount of dialysis equipment, parts and supplies from them through 2013. In addition, in August 2006 in connection with the DVA Renal Healthcare acquisition, we also entered into a product supply agreement with Gambro Renal Products that requires us to purchase a certain amount of our hemodialysis non-equipment product supplies, such as dialyzers, at fixed prices through 2015. Our purchases of products in these categories generally offered by both Fresenius and Gambro Renal Products represent approximately 4% of our total operating expenses. During 2010, we purchased hemodialysis products and supplies from Gambro Renal Products representing approximately 2% of our total operating expenses.

Teammates

As of December 31, 2010, we had approximately 36,500 teammates:

 

•    Licensed professional staff (nurses, dieticians and social workers)

     15,500   

•    Other patient care and center support staff and laboratory personnel

     16,000   

•    Corporate, billing and regional administrative staff

     5,000   

Our dialysis business requires nurses with specialized training for treating patients with complex care needs. Recruitment and retention of nurses are continuing concerns for healthcare providers due to short supply. We have an active program of investing in our professional healthcare teammates to help ensure we meet our recruitment and retention targets, including expanded training opportunities, tuition reimbursements and other incentives.

 

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Item 1A.    Risk Factors.

This Annual Report on Form 10-K contains statements that are forward-looking statements within the meaning of the federal securities laws. These statements involve known and unknown risks and uncertainties including the risks discussed below. The risks discussed below are not the only ones facing our business. Please read the cautionary notice regarding forward-looking statements in Item 7 of this Part 1 under the heading “Management’s Discussion and Analysis of Financial Condition and Results of Operation”.

If the average rates that commercial payors pay us decline significantly, it would have a material adverse effect on our revenues, earnings and cash flows.

Approximately 34% of our dialysis and related lab services revenues for the year ended December 31, 2010 were generated from patients who have commercial payors as the primary payor. The majority of these patients have insurance policies that pay us on terms and at rates that are generally significantly higher than Medicare rates. The payments we receive from commercial payors generate nearly all of our profit and all of our nonacute dialysis profits come from commercial payors. We continue to experience downward pressure on some of our commercial payment rates and it is possible that commercial payment rates could be materially lower in the future. The downward pressure on commercial payment rates is a result of general conditions in the market, recent and future consolidations among commercial payors, increased focus on dialysis services and other factors.

We are continuously in the process of negotiating our existing or potentially new agreements with commercial payors who tend to be aggressive in their negotiations with us. Sometimes many significant agreements are up for renewal or being renegotiated at the same time. In the event that our continual negotiations result in overall commercial rate reductions in excess of overall commercial rate increases, the cumulative effect could have a material adverse effect on our financial results. Consolidations have significantly increased the negotiating leverage of commercial payors. Our negotiations with payors are also influenced by competitive pressures. We expect that some of our contracted rates with commercial payors may decrease or that we may experience decreases in patient volume as our negotiations with commercial payors continue. In addition to increasing downward pressure on contracted commercial payor rates, payors have been attempting to impose restrictions and limitations on non-contracted or out-of-network providers. In some circumstances for some commercial payors, our centers are designated as out-of-network providers. Rates for out-of-network providers are on average higher than rates for in-network providers. We believe commercial payors have or will begin to restructure their benefits to create disincentives for patients to select or remain with out-of-network providers and to decrease payment rates for out-of-network providers. Decreases in out-of-network rates and restrictions on out-of-network access combined with decreases in contracted rates could result in a significant decrease in our overall revenue derived from commercial payors. If the average rates that commercial payors pay us decline significantly, it would have a material adverse effect on our revenues, earnings and cash flows.

If the number of patients with higher-paying commercial insurance declines, then our revenues, earnings and cash flows would be substantially reduced.

Our revenue levels are sensitive to the percentage of our patients with higher-paying commercial insurance coverage. A patient’s insurance coverage may change for a number of reasons, including changes in the patient’s or a family member’s employment status. Currently, for a patient covered by an employer group health plan, Medicare generally becomes the primary payor after 33 months, or earlier, if the patient’s employer group health plan coverage terminates. When Medicare becomes the primary payor, the payment rate we receive for that patient shifts from the employer group health plan rate to the lower Medicare payment rate. We have seen an increase in the number of patients who have government-based programs as their primary payors which we believe is largely a result of improved mortality and recent economic conditions which have a negative impact on the percentage of patients covered under commercial insurance plans. To the extent there are sustained or increased job losses in the United States, independent of whether general economic conditions might be improving, we could experience a continued decrease in the number of patients under commercial plans. We

 

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could also experience a further decrease if changes to the healthcare regulatory system result in fewer patients covered under commercial plans or an increase of patients covered under more restrictive commercial plans with lower reimbursement rates. In addition, our continuous process of negotiations with commercial payors under existing or potentially new agreements could result in a decrease in the number of patients under commercial plans to the extent that we cannot reach agreement with commercial payors on rates and other terms, resulting in termination or non-renewals of existing agreements or our inability to enter into new ones. If there is a significant reduction in the number of patients under higher-paying commercial plans relative to government-based programs that pay at lower rates, it would have a material adverse effect on our revenues, earnings and cash flows.

Changes in the structure of, and payment rates under the Medicare ESRD program, including the implementation of a bundled payment system under MIPPA and other healthcare reform initiatives, could substantially reduce our revenues, earnings and cash flows.

Approximately 49% of our dialysis and related lab services revenues for the year ended December 31, 2010 was generated from patients who have Medicare as their primary payor. Prior to January 1, 2011, the Medicare ESRD program paid us for dialysis treatment services at a fixed composite rate. The Medicare composite rate was the payment rate for a dialysis treatment including the supplies used in those treatments, specified laboratory tests and certain pharmaceuticals. Certain other pharmaceuticals, including EPO, vitamin D analogs and iron supplements, as well as certain specialized laboratory tests, were separately billed.

In July 2008, MIPPA was passed by Congress. This legislation introduced a new payment system for dialysis services beginning in January 2011 whereby payment for dialysis treatment and related services are now made under a bundled payment rate which provides a fixed rate to encompass all goods and services provided during the dialysis treatment, including pharmaceuticals that were historically separately reimbursed to the dialysis providers, such as EPO, vitamin D analogs and iron supplements, and laboratory testing. On August 12, 2010, CMS published the final rule implementing the bundled payment in the Federal Register. The initial 2011 bundled rate includes reductions of 2% and 3.1% to conform to the provisions of MIPPA and to establish budget neutrality, respectively. Further there is a 5.94% reduction tied to an expanded list of case mix adjustors which can be earned back based upon the presence of these certain patient characteristics and co-morbidities at the time of treatment. There are also other provisions which may impact payment including an outlier pool and a low volume facility adjustment.

While we will continue to evaluate and respond to the various components of the new bundled payment rate system and the potential operational, clinical and economic impact it might have on us, the new payment system presents additional risks. For example, with regard to the expanded list of case-mix adjustors, there is a risk that our dialysis centers or billing and other systems may not accurately document and track the appropriate patient-specific characteristics, resulting in a reduction or overpayment in the amounts of the payments that we would otherwise be entitled to receive. The new single bundled payment base rate will also be adjusted annually for inflation based upon a market basket index, less a productivity adjustment, beginning in 2012. Also, beginning in 2012, the rule provides for up to a 2% annual payment withhold that can be earned back by facilities that meet certain defined clinical performance standards; however, to the extent our facilities do not fully meet the established benchmarks, we may not earn back all (or any) of the dollars withheld.

Dialysis providers were given the option to make a one-time election by November 1, 2010 to move fully to the bundled payment system in 2011 or to phase in the payment system over four years, in each case commencing on January 1, 2011. We elected to move fully to the bundled payment system.

At this time we cannot predict whether we will be able to reduce our operating costs to a level that will fully offset any reduction in overall reimbursement for services we provide to Medicare patients. In addition, we experience increases in operating costs that are subject to inflation, such as labor and supply costs, regardless of whether there is a compensating inflation-based increase in Medicare payment rates or the new bundled payment

 

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rate system. We also cannot predict whether we will be able to satisfy our Medicare and Medicaid regulatory compliance obligations as processes and systems are modified substantially to comply with the rule. To the extent we are not able to adequately bill and collect for certain payment adjustors and are not able to offset the mandated reductions in reimbursement or if we face regulatory enforcement actions and penalties as a result of alleged improper billing of governmental programs, it could have a material adverse effect on our revenues, earnings and cash flows. (For additional details regarding the risks we face for failing to adhere to our Medicare and Medicaid regulatory compliance obligations, see the risk factor below under the heading “If we fail to adhere to all of the complex government regulations that apply to our business, we could suffer severe consequences that would substantially reduce our revenues, earnings and cash flows”).

Health care reform could substantially reduce our revenues, earnings and cash flows.

In March 2010, broad health care reform legislation was enacted in the United States. Although many of the provisions of the new legislation do not take effect immediately, and may be modified before they are implemented, the reforms could have an impact on our business in a number of ways. We cannot predict how employers, private payors or persons buying insurance might react to these changes or what form many of these regulations will take before implementation. However, we believe the establishment of health care insurance exchanges under the legislation due to be operating by 2014 that will provide a marketplace for eligible individuals to purchase health care insurance could result in a reduction in patients covered by commercial insurance. To the extent that any modifications to the current health care regulatory system result in a reduction in patients covered by commercial insurance or a reduction in reimbursement rates for our services from commercial and/or government payors, our revenues, earnings and cash flows could be adversely affected.

In addition, the health care reform legislation introduced severe penalties for the knowing and improper retention of overpayments collected from government payors. As a result, we have made significant investments in additional resources to accelerate the time it takes to identify and process overpayments and we may be required to make additional investments in the future. Acceleration in our ability to identify and process overpayments could result in us refunding overpayments to government or other payors sooner than we have in the past, which could have a material adverse effect on our operating cash flows. The failure to return identified overpayments within the specified time frame is now a violation of the federal False Claims Act.

The legislation also reduced the timeline to file Medicare claims, which now must be filed with the government within one calendar year after the date of service. To comply with this reduced timeline, we must deploy significant resources and may change our claims processing methods to ensure that our Medicare claims are filed in a timely fashion. Failure to file a claim within the one year window could result in payment denials, adversely affecting our revenues, earnings and cash flows.

Effective March 2011, CMS will institute new screening procedures and a new $500 enrollment fee for providers enrolling in government health care programs. A provider will be subject to screening upon initial enrollment and each time the provider re-validates its enrollment application. Screening includes verification of enrollment information and review of various federal databases to ensure the provider has valid tax identification, NPI numbers and is not excluded. We expect this screening process to delay the Medicare contractor approval process, potentially causing a delay in reimbursement. The enrollment fee is also applicable upon initial enrollment, re-validation, and each time an existing provider adds a new facility location. This fee is an additional expense that must be paid for each center every three years and could be more significant if other government and commercial payors follow this trend. Ultimately, we anticipate the new screening and enrollment requirements will require additional personnel and financial resources and will potentially delay the enrollment and revalidation of our centers which in turn will delay payment.

Other reform measures allow CMS to place a moratorium on new enrollment of providers and to suspend payment to providers upon a credible allegation of fraud from any source. These types of reform measures, depending upon the scope and breadth of the implementing regulations, could adversely impact our revenues, earnings and cash flows.

 

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Changes in state Medicaid or other non-Medicare government-based programs or payment rates could reduce our revenues, earnings and cash flows.

Approximately 17% of our dialysis and related lab services revenues for the year ended December 31, 2010 was generated from patients who have state Medicaid or other non-Medicare government-based programs, such as Medicare-assigned plans or the Veterans Health Administration (VA), as their primary coverage. As state governments and governmental organizations face increasing budgetary pressure, we may in turn face reductions in payment rates, delays in the timing of payments, limitations on eligibility or other changes to the applicable programs. For example, some programs, such as certain state Medicaid programs and the Veterans Health Administration, have recently considered, proposed or implemented rate reductions.

On December 17, 2010, the Department of Veterans Affairs published a final rule in which it materially changed the payment methodology and ultimately the amount paid for dialysis services furnished to veterans in non-VA centers such as ours. In the final rule, the VA adopted the bundled payment system implemented by Medicare and estimated a reduction of 39% in payments for dialysis services to veterans at non-VA centers. Approximately 2% of our dialysis and related lab services revenues for the year ended December 31, 2010 was generated by the VA. The new VA payment methodology will have a significant negative impact on our revenues, earnings and cash flows as a result of the reduction in rates or as a result of the decrease in the number of VA patients we serve. We recently executed multi-year contractual agreements with the Veterans Health Administration and there is some uncertainty as to when this rule will take effect for the patients covered by these contracts. While at this time the contracts remain in force, these agreements provide for the right for either party to terminate the agreement without cause on short notice. Further, patients who are not covered by the contractual arrangements will likely be reimbursed at Medicare rates beginning with the date of implementation of the rule. If the Veterans Health Administration proceeds with payment rate reductions or fails to renew our existing contracts, we might have to cease accepting patients under this program and could even be forced to close centers.

In addition, some state Medicaid program eligibility requirements mandate that citizen enrollees in such programs provide documented proof of citizenship. If our patients cannot meet these proof of citizenship documentation requirements, they may be denied coverage under these programs. If state Medicaid or other non-Medicare government programs reduce the rates paid by these programs for dialysis and related services, delay the timing of payment for services provided, further limit eligibility for coverage or adopt changes to their payment structure which reduces our overall payments from these state Medicaid or non-Medicare government programs, then our revenues, earnings and cash flows could be adversely affected.

Changes in clinical practices, payment rates or regulations impacting EPO and other pharmaceuticals could reduce our revenues, earnings and cash flows.

The administration of EPO and other pharmaceuticals accounted for approximately 26% of our dialysis and related lab services revenues for the year ended December 31, 2010, with EPO alone accounting for approximately 18% of our dialysis and related lab services revenues for the same period. Changes in clinical practices that result in further decreased utilization of prescribed pharmaceuticals or changes in payment rates for those pharmaceuticals could reduce our revenues, earnings and cash flows.

Since late 2006, there has been significant media discussion and government scrutiny regarding anemia management practices in the United States which has created confusion and concern in the nephrology community. In late 2006, the U.S. House of Representatives Ways and Means Committee held a hearing on the issue of the utilization of ESAs, which include EPO, and in 2007, the FDA required changes to the labeling of EPO and Aranesp® to include a black box warning, the FDA’s strongest form of warning label. An FDA advisory panel on ESA use met in October 2010, which meeting was similar to the prior meeting held in 2007 in that there was significant discussion and concern about the safety of ESAs. The panel concluded it would not recommend a change in ESA labeling. However, the FDA is not bound by the panel’s recommendation. In

 

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addition, in June 2010, CMS opened a National Coverage Analysis (NCA) for ESAs. Further in January 2011, CMS convened a meeting of the Medicare Evidence Development and Coverage Advisory Committee (MEDCAC) to evaluate evidence for the pending NCA. CMS expects to complete its decision memo in March 2011 and issue final guidance in June 2011.

The forgoing congressional and agency activities and related actions could result in further restrictions on the utilization and reimbursement for ESAs. Commercial payors have also increasingly examined their administration policies for EPO and, in some cases, have modified those policies. Inclusion of EPO in the Medicare bundled payment rate, as well as in a bundled payment rate for several of our commercial payors, is expected to mitigate the effect of lower utilization of EPO. However, further changes in labeling of EPO and other pharmaceuticals in a manner that alters physician practice patterns or accepted clinical practices, changes in private and governmental payment criteria, including the introduction of EPO administration policies or the conversion to alternate types of administration of EPO or other pharmaceuticals that result in further decreases in utilization or reimbursement for EPO and other pharmaceuticals, could have a material adverse effect on our revenues, earnings and cash flows.

Changes in EPO pricing could materially reduce our earnings and cash flows and affect our ability to care for our patients.

Amgen Inc. is the sole supplier of EPO and may unilaterally decide to increase its price for EPO at any time during the term of our agreement with Amgen. Future increases in the cost of EPO without corresponding increases in payment rates for EPO from commercial payors and without corresponding increases in the Medicare bundled rate could have a material adverse effect on our earnings and cash flows and ultimately reduce our income. Our agreement with Amgen for EPO provides for discount pricing and rebates for EPO. Some of the rebates are subject to various qualification requirements for which we will be evaluated during the term of the agreement. These qualification requirements are based on a variety of factors, including process improvement targets, patient outcome targets and data submission. In addition, the rebates are subject to certain limitations. We cannot predict whether we will continue to receive the rebates for EPO that we currently receive, or whether we will continue to achieve the same levels of rebates within that structure as we have historically achieved. Factors that could impact our ability to qualify for rebates provided for in our agreement with Amgen in the future include our ability to develop and implement certain process improvements and track certain data elements. Failure to meet certain targets and earn the specified rebates could have a material adverse effect on our earnings and cash flows. Our prior multi-year agreement with Amgen expired on December 31, 2010, and we entered into a new shorter term agreement with Amgen that commenced January 1, 2011 and ends June 30, 2011. We cannot predict whether any new agreement with Amgen will include the same or similar discount pricing and rebates as provided in our current agreement and, if so, whether we could meet any applicable qualification requirements for receiving them.

We are the subject of a number of inquiries by the federal government, any of which could result in substantial penalties against us, imposition of certain obligations on our practices and procedures, exclusion from future participation in the Medicare and Medicaid programs and, in certain cases, criminal penalties.

We are the subject of a number of inquiries by the federal government. We have received subpoenas from the U.S. Attorney’s Office for the Northern District of Georgia, the U.S. Attorney’s Office for the Eastern District of Missouri, the U.S. Attorney’s Office for the Eastern District of Texas and the OIG’s Office in Dallas, Texas. We are cooperating with the U.S. Attorney’s Offices and the OIG Office with respect to each of the subpoenas and producing the requested records. Although we cannot predict whether or when proceedings might be initiated by the federal government or when these matters may be resolved, it is not unusual for investigations such as these to continue for a considerable period of time. Responding to the subpoenas will continue to require management’s attention and significant legal expense. Any negative findings could result in substantial financial penalties against us, imposition of certain obligations on our practices and procedures, exclusion from future

 

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participation in the Medicare and Medicaid programs and, in certain cases, criminal penalties. To our knowledge, no proceedings have been initiated by the federal government against us at this time. See Note 16 to our consolidated financial statements for additional information regarding these inquiries and subpoenas.

Continued inquiries from various governmental bodies with respect to our utilization of EPO and other pharmaceuticals will require management’s attention, cause us to incur significant legal expense and could result in substantial financial penalties against us or exclusion from future participation in the Medicare and Medicaid programs, and could have a material adverse effect on our revenues, earnings and cash flows.

In response to clinical studies which identified risks in certain patient populations related to the utilization of EPO and other ESAs, i.e., Aranesp®, and in response to changes in the labeling of EPO and Aranesp®, there has been substantial media attention and government scrutiny resulting in hearings and legislation regarding pharmaceutical utilization and reimbursement. Although we believe our anemia management practices and other pharmaceutical administration practices have been compliant with existing laws and regulations, as a result of the current high level of scrutiny and controversy, we may be subject to increased inquiries from a variety of governmental bodies and claims by third parties. For example, the subpoena from the U.S. Attorney’s Office for the Northern District of Georgia relates to the pharmaceutical products Zemplar, Hectorol, Venofer, Ferrlecit, EPO and other related matters. The subpoena from the U.S. Attorney’s Office in the Eastern District of Missouri includes requests for documents regarding the administration of, and billing for, EPO. The subpoena from the Office of Inspector General in Houston, Texas requests records relating to EPO claims submitted to Medicare. In addition, in February 2008 the Attorney General’s Office for the State of Nevada notified us that Nevada Medicaid intends to conduct audits of ESRD dialysis providers in Nevada relating to the billing of pharmaceuticals, including EPO. Additional inquiries from various agencies and claims by third parties with respect to this issue would continue to require management’s attention and significant legal expense and any negative findings could result in substantial financial penalties against us, imposition of certain obligations on our practices and procedures and the attendant financial burden on us to comply, or exclusion from future participation in the Medicare and Medicaid programs, and could have a material adverse effect on our revenues, earnings and cash flows. See Note 16 to our consolidated financial statements for additional information regarding these inquiries and subpoenas.

If we fail to adhere to all of the complex government regulations that apply to our business, we could suffer severe consequences that would substantially reduce our revenues, earnings and cash flows.

Our dialysis operations are subject to extensive federal, state and local government regulations, including Medicare and Medicaid payment rules and regulations, federal and state anti-kickback laws, the Stark Law physician self-referral prohibition and analogous state referral statutes, the federal False Claims Act, or FCA, and federal and state laws regarding the collection, use and disclosure of patient health information and storage, handling and administration of pharmaceuticals. The Medicare and Medicaid reimbursement rules related to claims submission, enrollment and licensing requirements, cost reporting, and payment processes impose complex and extensive requirements upon dialysis providers. A violation or departure from any of these requirements may result in government audits, lower reimbursements, significant fines and penalties, the potential loss of certification and recoupments or voluntary repayments. CMS has indicated that after implementation of the Medicare bundled payment system, it will monitor use of EPO and whether blood transfusions replace EPO for anemia management.

The regulatory scrutiny of healthcare providers, including dialysis providers continues to increase. Medicare has increased the frequency and intensity of its certification inspections of dialysis centers. For example, we are required to provide substantial documentation related to the administration of pharmaceuticals, including EPO, and, to the extent that any such documentation is found insufficient, we may be required to refund any amounts received from such administration by government or commercial payors, and be subject to substantial penalties under applicable laws or regulations. In addition, Medicare contractors have increased their prepayment and post-payment reviews.

 

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We endeavor to comply with all of the requirements for receiving Medicare and Medicaid payments, to structure all of our relationships with referring physicians to comply with state and federal anti-kickback laws and physician self-referral law (Stark Law), and for storing, handling and administering pharmaceuticals. However, the laws and regulations in these areas are complex, require considerable resources to comply with and are subject to varying interpretations. For example, if an enforcement agency were to challenge the level of compensation that we pay our medical directors or the number of medical directors that we engage, we could be required to change our practices, face criminal or civil penalties, pay substantial fines or otherwise experience a material adverse effect as a result of a challenge to these arrangements. In addition, recent amendments to the FCA impose severe penalties for the knowing and improper retention of overpayments collected from government payors. These amendments could subject our procedures for identifying and processing overpayments to greater scrutiny. We have made significant investments in additional resources to decrease the time it takes to identify and process overpayments and we may be required to make additional investments in the future. An acceleration in our ability to identify and process overpayments could result in us refunding overpayments to government or other payors sooner than we have in the past. A significant acceleration of these refunds could have a material adverse affect on our operating cash flows. Additionally, amendments to the federal anti-kickback statute in the health reform law make anti-kickback violations subject to FCA prosecution, including qui tam or whistleblower suits.

If any of our operations are found to violate these or other government regulations, we could suffer severe consequences that would have a material adverse effect on our revenues, earnings and cash flows including:

 

   

Suspension or termination of our participation in government payment programs;

   

Refunds of amounts received in violation of law or applicable payment program requirements;

   

Loss of required government certifications or exclusion from government payment programs;

   

Loss of licenses required to operate health care facilities or administer pharmaceuticals in some of the states in which we operate;

   

Reductions in payment rates or coverage for dialysis and ancillary services and related pharmaceuticals;

   

Fines, damages or monetary penalties for anti-kickback law violations, Stark Law violations, FCA violations, civil or criminal liability based on violations of law, or other failures to meet regulatory requirements;

   

Claims for monetary damages from patients who believe their protected health information has been used or disclosed in violation of federal or state patient privacy laws;

   

Mandated changes to our practices or procedures that significantly increase operating expenses; and

   

Termination of relationships with medical directors.

Delays in state Medicare and Medicaid certification of our dialysis centers could adversely affect our revenues, earnings and cash flows.

Before we can begin billing for patients treated in our outpatient dialysis centers who are enrolled in government-based programs, we are required to obtain state and federal certification for participation in the Medicare and Medicaid programs. As state agencies responsible for surveying dialysis centers on behalf of the state and Medicare program face increasing budgetary pressure, certain states are having difficulty keeping up with certifying dialysis centers in the normal course resulting in significant delays in certification. If state governments continue to have difficulty keeping up with certifying new centers in the normal course and we continue to experience significant delays in our ability to treat and bill for services provided to patients covered under government programs, it could cause us to incur write-offs of investments or accelerate the recognition of lease obligations in the event we have to close centers or our centers’ operating performance deteriorates, and it could have an adverse effect on our revenues, earnings and cash flows.

 

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If our joint ventures were found to violate the law, we could suffer severe consequences that would have a material adverse effect on our revenues, earnings and cash flows.

As of December 31, 2010, we owned a controlling interest in numerous dialysis-related joint ventures, which represented approximately 18% of our dialysis and related lab services revenues for the year ended December 31, 2010. In addition, we also owned minority equity investments in several other dialysis related joint ventures. We anticipate that we will continue to increase the number of our joint ventures. Many of our joint ventures with physicians or physician groups also have the physician owners providing medical director services to those centers or other centers we own and operate. Because our relationships with physicians are governed by the federal anti-kickback statute, we have sought to structure our joint venture arrangements to satisfy as many safe harbor requirements as we believe are reasonably possible. However, our joint venture arrangements do not satisfy all elements of any safe harbor under the federal anti-kickback statute. The subpoena and related requests for documents we received from the United States Attorney’s Office for the Eastern District of Missouri included requests for documents related to our joint ventures. We were recently advised by the U.S. Department of Justice that it is conducting a civil investigation into our financial relationships with physicians. See Note 16 to our consolidated financial statements for additional information regarding these inquiries and subpoenas.

If our joint ventures are found to be in violation of the anti-kickback statute or the Stark Law provisions, we could be required to restructure the joint ventures or refuse to accept referrals for designated health services from the physicians with whom the joint venture centers have a financial relationship.

We also could be required to repay amounts received by the joint ventures from Medicare and certain other payors to the extent that these arrangements are found to give rise to prohibited referrals, and we could be subject to monetary penalties and exclusion from government healthcare programs. If our joint venture centers are subject to any of these penalties, we could suffer severe consequences that would have a material adverse effect on our revenues, earnings and cash flows.

There are significant estimating risks associated with the amount of dialysis revenue and related refund liabilities that we recognize and if we are unable to accurately estimate our revenue and related refund liabilities, it could impact the timing of our revenue recognition or have a significant impact on our operating results.

There are significant estimating risks associated with the amount of dialysis and related lab services revenues and related refund liabilities that we recognize in a reporting period. The billing and collection process is complex due to ongoing insurance coverage changes, geographic coverage differences, differing interpretations of contract coverage, and other payor issues. Determining applicable primary and secondary coverage for approximately 125,000 patients at any point in time, together with the changes in patient coverage that occur each month, requires complex, resource-intensive processes. Errors in determining the correct coordination of benefits may result in refunds to payors. Revenues associated with Medicare and Medicaid programs are also subject to estimating risk related to the amounts not paid by the primary government payor that will ultimately be collectible from other government programs paying secondary coverage, the patient’s commercial health plan secondary coverage or the patient. Collections, refunds and payor retractions typically continue to occur for up to three years and longer after services are provided. We generally expect our range of dialysis and related lab services revenues estimating risk to be within 1% of revenues for the segment, which can represent as much as 6% of consolidated operating income. If our estimates of dialysis and related lab services revenues and related refund liabilities are materially inaccurate, it could impact the timing of our revenue recognition and have a significant impact on our operating results.

The ancillary services we provide or the strategic initiatives we invest in may generate losses and may ultimately be unsuccessful. In the event that one or more of these activities is unsuccessful, we may have to write off our investment and incur other exit costs.

Our ancillary services and strategic initiatives include pharmacy services, infusion therapy services, disease management services, vascular access services, ESRD clinical research programs and physician services. Many

 

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of these initiatives require investments of both management and financial resources and can generate significant losses for a substantial period of time and may not become profitable. There can be no assurance that any such strategic initiative will ultimately be successful. Any significant change in market conditions, business performance or in the regulatory environment may impact the economic viability of any of these strategic initiatives. For example, during 2010 and 2009, several of our strategic initiatives generated net operating losses and some are expected to generate net operating losses in 2011. If any of our ancillary services or strategic initiatives do not perform as planned, we may incur a material write-off or an impairment of our investment, including goodwill, in one or more of these activities or we could incur significant termination costs if we were to exit a certain line of business.

If a significant number of physicians were to cease referring patients to our dialysis centers, whether due to regulatory or other reasons, it would have a material adverse effect on our revenues, earnings and cash flows.

We believe that physicians prefer to have their patients treated at dialysis centers where they or other members of their practice supervise the overall care provided as medical director of the center. As a result, the primary referral source for most of our centers is often the physician or physician group providing medical director services to the center. Neither our current nor former medical directors have an obligation to refer their patients to our centers. If a medical director agreement terminates, whether before or at the end of its term, and a new medical director is appointed, it may negatively impact the former medical director’s decision to treat his or her patients at our center. If we are unable to enforce noncompetition provisions contained in the terminated medical director agreements, former medical directors may choose to provide medical director services for competing providers or establish their own dialysis centers in competition with ours. Also, if the quality of service levels at our centers deteriorates, it may negatively impact patient referrals and treatment volumes.

Our medical director contracts are for fixed periods, generally three to ten years, and at any given time a large number of them could be up for renewal at the same time. Medical directors have no obligation to extend their agreements with us. We may take actions to restructure existing relationships or take positions in negotiating extensions of relationships to assure compliance with the anti-kickback statute, Stark Law and other similar laws. These actions could negatively impact the decision of physicians to extend their medical director agreements with us or to refer their patients to us. If the terms of any existing agreement are found to violate applicable laws, we may not be successful in restructuring the relationship which could lead to the early termination of the agreement, or cause the physician to stop referring patients to our dialysis centers. If a significant number of physicians were to cease referring patients to our dialysis centers, whether due to regulatory or other reasons, then our revenues, earnings and cash flows would be substantially reduced.

Current economic conditions as well as further disruptions in the financial markets could have a material adverse effect on our revenues, earnings and cash flows and otherwise adversely affect our financial condition.

Current economic conditions could adversely affect our business and our profitability. Among other things, the potential decline in federal and state revenues that may result from such conditions may create additional pressures to contain or reduce reimbursements for our services from Medicare, Medicaid and other government sponsored programs. Increasing job losses or slow improvement in the unemployment rate in the United States as a result of current or recent economic conditions has and may continue to result in a smaller percentage of our patients being covered by an employer group health plan and a larger percentage being covered by lower paying Medicare and Medicaid programs. Employers may also begin to select more restrictive commercial plans with lower reimbursement rates. To the extent that payors are negatively impacted by a decline in the economy, we may experience further pressure on commercial rates, a further slow down in collections and a reduction in the amounts we expect to collect. In addition, uncertainty in the financial markets could adversely affect the variable interest rates payable under our credit facilities or could make it more difficult to obtain or renew such facilities or to obtain other forms of financing in the future. Any or all of these factors, as well as other consequences of the current economic conditions which cannot currently be anticipated, could have a material adverse effect on our revenues, earnings and cash flows and otherwise adversely affect our financial condition.

 

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We may engage in acquisitions, mergers or dispositions, which may affect our results of operations, debt-to-capital ratio, capital expenditures or other aspects of our business.

We may engage in acquisitions, mergers or dispositions, which may affect our results of operations, debt-to-capital ratio, capital expenditures, or other aspects of our business. There can be no assurance that we will be able to identify suitable acquisition targets or merger partners or that, if identified, we will be able to acquire these targets on acceptable terms or agree to terms with merger partners. There can also be no assurance that we will be successful in completing any acquisitions, mergers or dispositions that we might be considering or announce, or integrating any acquired business into our overall operations or operate them successfully as stand-alone businesses, or that any such acquired business will operate profitably or will not otherwise adversely impact our results of operations. Further, we cannot be certain that key talented individuals at the business being acquired will continue to work for us after the acquisition or that they will be able to continue to successfully manage or have adequate resources to successfully operate any acquired business.

If we are not able to continue to make acquisitions, or maintain an acceptable level of non-acquired growth, or if we face significant patient attrition to our competitors or a reduction in the number of our medical directors, it could adversely affect our business.

The dialysis industry is highly competitive, particularly in terms of acquiring existing dialysis centers. We continue to face increased competition in the dialysis industry from large and medium-sized providers which compete directly with us for acquisition targets as well as for individual patients and medical directors. Acquisitions, patient retention and medical director retention are an important part of our growth strategy. Because of the ease of entry into the dialysis business and the ability of physicians to be medical directors for their own centers, competition for growth in existing and expanding markets is not limited to large competitors with substantial financial resources. Occasionally, we have experienced competition from former medical directors or referring physicians who have opened their own dialysis centers. In addition, Fresenius, our largest competitor, manufactures a full line of dialysis supplies and equipment in addition to owning and operating dialysis centers. This may give it cost advantages over us because of its ability to manufacture its own products. If we are not able to continue to make acquisitions, continue to maintain acceptable levels of non-acquired growth, or if we face significant patient attrition to our competitors or a reduction in the number of our medical directors, it could adversely affect our business.

If businesses we acquire have liabilities that we are not aware of, we could suffer severe consequences that would substantially reduce our earnings and cash flows.

Our business strategy includes the acquisition of dialysis centers and businesses that own and operate dialysis centers, as well as other ancillary services and strategic initiatives. Businesses we acquire may have unknown or contingent liabilities or liabilities that are in excess of the amounts that we originally estimated. Although we generally seek indemnification from the sellers of businesses we acquire for matters that are not properly disclosed to us, we are not always successful. In addition, even in cases where we are able to obtain indemnification, we may discover liabilities greater than the contractual limits or the financial resources of the indemnifying party. In the event that we are responsible for liabilities substantially in excess of any amounts recovered through rights to indemnification, we could suffer severe consequences that would substantially reduce our earnings and cash flows.

 

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Expansion of our operations to and offering our services in markets outside of the United States subjects us to political, legal, operational and other risks that could have a materially adverse affect on our business, results of operations and cash flows.

We are undertaking an expansion of our operations and beginning to offer our services outside of the United States, which increases our exposure to the inherent risks of doing business in international markets. Depending on the market, these risks include, without limitation, those relating to:

 

   

changes in the local economic environment;

   

political instability, armed conflicts or terrorism;

   

social changes;

   

intellectual property legal protections and remedies;

   

trade regulations;

   

procedures and actions affecting approval, production, pricing, reimbursement and marketing of products and services;

   

foreign currency;

   

repatriating or moving to other countries cash generated or held abroad, including considerations relating to tax-efficiencies and changes in tax laws;

   

export controls;

   

lack of reliable legal systems which may affect our ability to enforce contractual rights;

   

changes in local laws or regulations;

   

potentially longer payment and collection cycles; and

   

financial and operational, and information technology systems integration.

International operations also could require us to devote significant management resources to implement our controls and systems in new markets, to comply with the U.S. Foreign Corrupt Practices Act and similar laws in local jurisdictions and to overcome the numerous new challenges inherent in managing international operations, including those based on differing languages, cultures and regulatory environments.

We expect to expand our international operations through acquisition or otherwise, which would increase these risks. Additionally, though we might invest substantial amounts of capital and incur significant costs in connection with our international operations, there is no assurance that we will be able to operate them profitably anytime soon, if at all. As a result we would expect these costs to be dilutive to our earnings over the next several years as we start-up or acquire new operations.

These risks could have a material adverse effect on our financial condition, results of operations and cash flows.

The level of our current and future debt could have an adverse impact on our business and our ability to generate cash to service our indebtedness depends on many factors beyond our control.

We have substantial debt outstanding and we may incur additional indebtedness in the future. The high level of our indebtedness, among other things, could:

 

   

make it difficult for us to make payments on our debt securities;

   

increase our vulnerability to general adverse economic and industry conditions;

   

require us to dedicate a substantial portion of our cash flow from operations to payments on our indebtedness, thereby reducing the availability of our cash flow to fund working capital, capital expenditures, acquisitions and investments and other general corporate purposes;

   

limit our flexibility in planning for, or reacting to, changes in our business and the markets in which we operate;

   

place us at a competitive disadvantage compared to our competitors that have less debt; and

   

limit our ability to borrow additional funds.

 

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Our ability to make payments on our indebtedness and to fund planned capital expenditures and expansion efforts, including any strategic acquisitions we may make in the future, will depend on our ability to generate cash. This, to a certain extent, is subject to general economic, financial, competitive, regulatory and other factors that are beyond our control.

We cannot provide assurance that our business will generate sufficient cash flow from operations in the future or that future borrowings will be available to us in an amount sufficient to enable us to service our indebtedness or to fund other liquidity needs. The borrowings under the Credit Agreement are guaranteed by substantially all of our direct and indirect wholly-owned domestic subsidiaries and are secured by substantially all of DaVita’s and its guarantors’ assets.

Increases in interest rates may increase our interest expense and adversely affect our earnings and cash flow and our ability to service our indebtedness.

A portion of our outstanding debt bears interest at variable rates. We are subject to LIBOR-based interest rate volatility from a floor of 1.50% to a cap of 4.00% on $1,250 million of our Term Loan B outstanding debt as a result of several interest rate cap agreements that were entered into in January 2011. The remaining $500 million of outstanding debt on the Term Loan B is subject to LIBOR-based interest rate volatility above a floor of 1.50%. Our Term Loan A bears interest at LIBOR-based variable rates, however, in January 2011, we entered into several interest rate swap agreements with amortizing notional amounts totaling $1 billion. These agreements had the economic effect of modifying the LIBOR variable component of our interest rate on an equivalent amount of Term Loan A debt to fixed rates. We also have approximately $250 million of additional borrowings available under our new Senior Secured Credit Facilities which will bear interest at a variable rate. We may also incur additional variable rate debt in the future. Increases in interest rates would increase our interest expense of the variable portion of our indebtedness, which could negatively impact our earnings and cash flow and our ability to service our indebtedness which would be particularly significant in the event of rapid and substantial increases in interest rates.

Increases in interest rates would increase our interest expense for the variable portion of our indebtedness, which could negatively impact our earnings and cash flow. For example, it is estimated that a hypothetical increase in interest rates of 100 basis points across all variable rate maturities under the existing Senior Secured Credit Facilities would reduce net income by approximately $6.1 million, for the next twelve months given our current interest rates in effect at December 31, 2010. See “Item 7A—Quantitative and Qualitative Disclosures about Market Risk” for more information. In addition, if we seek to refinance our existing indebtedness under our Senior Secured Credit Facilities, we may not be able to do so on acceptable terms and conditions, which could increase our interest expense or impair our ability to service our indebtedness and fund our operations.

If there are shortages of skilled clinical personnel or if we experience a higher than normal turnover rate, we may experience disruptions in our business operations and increases in operating expenses.

We are experiencing increased labor costs and difficulties in hiring nurses due to a nationwide shortage of skilled clinical personnel. We compete for nurses with hospitals and other health care providers. This nursing shortage may limit our ability to expand our operations. In addition, changes in certification requirements or increases in the required staffing levels for skilled clinical personnel can impact our ability to maintain sufficient staff levels to the extent our teammates are not able to meet new requirements or competition for qualified individuals increases. If we are unable to hire skilled clinical personnel when needed, or if we experience a higher than normal turnover rate for our skilled clinical personnel, our operations and treatment growth will be negatively impacted, which would result in reduced revenues, earnings and cash flows.

 

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Our business is labor intensive and could be adversely affected if we were unable to maintain satisfactory relations with our employees or if union organizing activities were to result in significant increases in our operating costs or decreases in productivity.

Our business is labor intensive, and our results are subject to variations in labor-related costs, productivity and the number of pending or potential claims against us related to labor and employment practices. If political efforts at the national and local level result in actions or proposals that increase the likelihood of union organizing activities at our facilities or if union organizing activities increase for other reasons, or if labor and employment claims, including the filing of class action suits, trend upwards, our operating costs could increase and our employee relations, productivity, earnings and cash flows could be adversely affected.

Upgrades to our billing and collections systems and complications associated with upgrades and other improvements to our billing and collections systems could have a material adverse effect on our revenues, cash flows and operating results.

We are continuously performing upgrades to our billing systems and expect to continue to do so in the near term. In addition, we continuously work to improve our billing and collections performance through process upgrades, organizational changes and other improvements. We may experience difficulties in our ability to successfully bill and collect for services rendered as a result of these changes, including a slow-down of collections, a reduction in the amounts we expect to collect, increased risk of retractions from and refunds to commercial and government payors, an increase in our provision for uncollectible accounts receivable and noncompliance with reimbursement regulations. The failure to successfully implement the upgrades to the billing and collection systems and other improvements could have a material adverse effect on our revenues, cash flows and operating results.

Our ability to effectively provide the services we offer could be negatively impacted if certain of our suppliers are unable to meet our needs or if we are unable to effectively access new technology, which could substantially reduce our revenues, earnings and cash flows.

We have significant suppliers that are either the sole or primary source of products critical to the services we provide, including Amgen, Baxter Healthcare Corporation, NxStage Medical, Inc. and others or to which we have committed obligations to make purchases including Gambro Renal Products and Fresenius Medical Care. If any of these suppliers are unable to meet our needs for the products they supply, including in the event of a product recall, or shortage, and we are not able to find adequate alternative sources, or if some of the drugs that we purchase are not reimbursed through the bundled payment rate by Medicare, our revenues, earnings and cash flows could be substantially reduced. In addition, the technology related to the products critical to the services we provide is subject to new developments and may result in superior products. If we are not able to access superior products on a cost-effective basis or if suppliers are not able to fulfill our requirements for such products, we could face patient attrition which could substantially reduce our revenues, earnings and cash flows.

We may be subject to liability claims for damages and other expenses not covered by insurance that could reduce our earnings and cash flows.

The administration of dialysis and related services to patients may subject us to litigation and liability for damages. Our business, profitability and growth prospects could suffer if we face negative publicity or we pay damages or defense costs in connection with a claim that is outside the scope of any applicable insurance coverage, including claims related to adverse patient events, contractual disputes and professional and general liability claims. In addition, we have received several notices of claims from commercial payors and other third parties related to our historical billing practices and the historical billing practices of the centers acquired from Gambro Healthcare and other matters related to their settlement agreement with the Department of Justice. Although the ultimate outcome of these claims cannot be predicted, an adverse result with respect to one or more of these claims could have a material adverse effect on our financial condition, results of operations, and cash

 

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flows. We currently maintain programs of general and professional liability insurance. However, a successful claim, including a professional liability, malpractice or negligence claim which is in excess of our insurance coverage could have a material adverse effect on our earnings and cash flows.

In addition, if our costs of insurance and claims increase, then our earnings could decline. Market rates for insurance premiums and deductibles have been steadily increasing. Our earnings and cash flows could be materially and adversely affected by any of the following:

 

   

the collapse or insolvency of our insurance carriers;

   

further increases in premiums and deductibles;

   

increases in the number of liability claims against us or the cost of settling or trying cases related to those claims; and

   

an inability to obtain one or more types of insurance on acceptable terms.

Provisions in our charter documents, compensation programs and Delaware law may deter a change of control that our stockholders would otherwise determine to be in their best interests.

Our charter documents include provisions that may deter hostile takeovers, delay or prevent changes of control or changes in our management, or limit the ability of our stockholders to approve transactions that they may otherwise determine to be in their best interests. These include provisions prohibiting our stockholders from acting by written consent; requiring 90 days advance notice of stockholder proposals or nominations to our Board of Directors; and granting our Board of Directors the authority to issue preferred stock and to determine the rights and preferences of the preferred stock without the need for further stockholder approval. In addition, we have in place a shareholder rights plan that would substantially dilute the interest sought by an acquirer that our Board of Directors does not approve.

Most of our outstanding employee stock options include a provision accelerating the vesting of the options in the event of a change of control. We also maintain a change of control protection program for our employees who do not have a significant number of stock awards, which has been in place since 2001, and which provides for cash bonuses to the employees in the event of a change of control. Based on the market price of our common stock and shares outstanding on December 31, 2010, these cash bonuses would total approximately $260 million if a change of control transaction occurred at that price and our Board of Directors did not modify this program. These change of control provisions may affect the price an acquirer would be willing to pay for our Company.

We are also subject to Section 203 of the Delaware General Corporation Law that, subject to exceptions, would prohibit us from engaging in any business combinations with any interested stockholder, as defined in that section, for a period of three years following the date on which that stockholder became an interested stockholder.

These provisions may discourage, delay or prevent an acquisition of our Company at a price that our stockholders may find attractive. These provisions could also make it more difficult for our stockholders to elect directors and take other corporate actions and could limit the price that investors might be willing to pay for shares of our common stock.

Item 1B.    Unresolved Staff Comments.

None.

Item 2.    Properties.

We own the land and buildings for 24 of our outpatient dialysis centers. We also own the buildings for six other outpatient dialysis centers and the building at one of our Florida labs and we own two separate land parcels and sublease a total of seven properties to third-party tenants. In addition, we also own the land associated with the development of our new corporate headquarters. Our remaining outpatient dialysis centers are located on premises that we lease.

 

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Our leases generally cover periods from five to ten years but in some cases can extend for 15 years and typically contain renewal options of five to ten years at the fair rental value at the time of renewal. Our leases are generally subject to periodic consumer price index increases, or contain fixed escalation clauses. Our outpatient dialysis centers range in size from approximately 500 to 30,000 square feet, with an average size of approximately 6,800 square feet.

The following is a summary of our business, administrative offices, laboratories and pharmacies:

 

Office

   Location    Square Feet      Expiration  

Corporate Headquarters

   Denver, CO      69,000         2012   

Administrative Office

   Vernon Hills, IL      29,000         2013   

Administrative Office

   Burlingame, CA      3,400         2012   

Administrative Office

   Norfolk, VA      20,000         2015   

Administrative Office

   Tempe, AZ      11,000         2016   

Administrative Office

   Washington, DC      2,000         2013   

Administrative Office

   Washington, DC      5,000         2013   

Business Office

   El Segundo, CA      61,000         2013   

Business Office

   Tacoma, WA      215,000         2013 through 2021   

Business Office

   Berwyn, PA      57,000         2012   

Business Office

   Lakewood, CO      82,000         2012   

Business Office

   Brentwood, TN      104,500         2011 through 2013   

Business Office

   Irvine, CA      65,000         2015   

DaVita Rx

   Orlando, FL      17,000         2013   

DaVita Rx

   Coppell, TX      53,000         2013   

DaVita Rx

   San Bruno, CA      7,200         2015   

Lab Warehouse

   DeLand, FL      11,000         2015   

Laboratory

   DeLand, FL      40,000         Owned   

Laboratory

   DeLand, FL      20,000         2013   

Laboratory

   Ft. Lauderdale, FL      43,000         2015   

Laboratory Administrative Office

   DeLand, FL      23,000         2011   

Some of our outpatient dialysis centers are operating at or near capacity. However, we believe that we have adequate capacity within most of our existing dialysis centers to accommodate additional patient volume through increased hours and/or days of operation, or, if additional space is available within an existing facility, by adding dialysis stations. We can usually relocate existing centers to larger facilities or open new centers if existing centers reach capacity. With respect to relocating centers or building new centers, we believe that we can generally lease space at economically reasonable rates in the areas planned for each of these centers, although there can be no assurances in this regard. Expansion of existing centers or relocation of our dialysis centers is subject to review for compliance with conditions relating to participation in the Medicare ESRD program. In states that require a certificate of need or center license, additional approvals would generally be necessary for expansion or relocation.

Item 3.    Legal Proceedings.

Inquiries by the Federal Government

In March 2005, we received a subpoena from the U.S. Attorney’s Office for the Eastern District of Missouri in St. Louis. The subpoena required production of a wide range of documents relating to our operations, including documents related to, among other things, pharmaceutical and other services provided to patients, relationships with pharmaceutical companies, and financial relationships with physicians and joint ventures. The subpoena covers the period from December 1, 1996 through the present. In October 2005, we received a follow-up request for additional documents related to specific medical director and joint venture arrangements. In

 

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February 2006, we received an additional subpoena for documents, including certain patient records relating to the administration and billing of EPO. In May 2007, we received a request for documents related to durable medical equipment and supply companies owned and operated by us. We are cooperating with the inquiry and have produced the requested records. The subpoenas have been issued in connection with a joint civil and criminal investigation. It is possible that criminal proceedings may be initiated against us in connection with this inquiry.

In February 2007, we received a request for information from the Office of Inspector General, U.S. Department of Health and Human Services, or OIG, for records relating to EPO claims submitted to Medicare. In August 2007, we received a subpoena from the OIG seeking similar documents. The requested documents relate to services provided from 2001 to 2004 by a number of our centers. The request and subpoena were sent from the OIG’s offices in Houston and Dallas, Texas. We have cooperated with the inquiry and have produced all previously requested records to date. We have been in contact with the U.S. Attorney’s Office for the Eastern District of Texas, which has stated that this is a civil inquiry related to EPO claims. On July 6, 2009, the United States District Court for the Eastern District of Texas lifted the seal on the civil qui tam complaint related to these allegations and we were subsequently served with a complaint by the relator. The government did not intervene and is not actively pursuing this matter. We believe that there is some overlap between this issue and the ongoing review of EPO utilization and claims by the U.S. Attorney’s Office for the Eastern District of Missouri in St. Louis described above.

In December 2008, we received a subpoena for documents from the OIG relating to the pharmaceutical products Zemplar, Hectorol, Venofer, Ferrlecit and Epogen®, or EPO, as well as other related matters. The subpoena covers the period from January 2003 to the present. We have been in contact with the United States Attorney’s Office, or U.S. Attorney’s Office, for the Northern District of Georgia and the U.S. Department of Justice in Washington, DC, since November 2008 relating to this matter, and have been advised that this is a civil inquiry. On June 17, 2009, we learned that the allegations underlying this inquiry were made as part of a civil qui tam complaint filed by individuals and brought pursuant to the federal False Claims Act. The case remains under seal in the United States District Court for the Northern District of Georgia. We are cooperating with the inquiry and are producing the requested records.

In May 2010, we received a subpoena from the OIG’s office in Dallas, Texas. The subpoena covers the period from January 1, 2005 through the present, and seeks production of a wide range of documents relating to our operations, including documents related to, among other things, financial relationships with physicians and joint ventures. The subject matter of this subpoena overlaps with the subject matter of the investigation being conducted by the United States Attorney’s Office for the Eastern District of Missouri in St. Louis as described above. We met with representatives of the government to discuss the scope of the subpoena and the production of responsive documents. We have been advised that this is a civil investigation. We are cooperating with the inquiry and are producing the requested records. It is possible that criminal proceedings may be initiated against us in connection with this inquiry.

To our knowledge, no proceedings have been initiated against us at this time in connection with any of the inquiries by the federal government as set forth above. Although we cannot predict whether or when proceedings might be initiated or when these matters may be resolved, it is not unusual for investigations such as these to continue for a considerable period of time. Responding to the subpoenas will continue to require management’s attention and significant legal expense. Any negative findings could result in substantial financial penalties against us, exclusion from future participation in the Medicare and Medicaid programs and, to the extent criminal proceedings may be initiated against us as indicated above, possible criminal penalties. At this time, we cannot predict the ultimate outcome of these inquires or the potential range of damages, if any.

 

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Other

We have received several notices of claims from commercial payors and other third parties related to historical billing practices and claims against DVA Renal Healthcare (formerly known as Gambro Healthcare), a subsidiary of DaVita Inc., related to historical Gambro Healthcare billing practices and other matters covered by its 2004 settlement agreement with the Department of Justice and certain agencies of the U.S. government. At least one commercial payor has filed an arbitration demand against us, as described below, and additional commercial payors have threatened litigation. We intend to defend against these claims vigorously; however, we may not be successful and these claims may lead to litigation and any such litigation may be resolved unfavorably. At this time, we cannot predict the ultimate outcome of this matter or the potential range of damages, if any.

Several wage and hour claims have been filed against us in the Superior Court of California, each of which has been styled as a class action. In February 2007, June 2008, October 2008 and December 2008, we were served with five separate complaints in California, including two in October 2008, by various former employees, each of which alleges, among other things, that we failed to provide rest and meal periods, failed to pay compensation in lieu of providing such rest or meal periods, failed to pay the correct amount of overtime, failed to pay the rate on the “wage statement,” and failed to comply with certain other California Labor Code requirements. We have reached a settlement and release of all claims against us in connection with the complaints served in February 2007 and December 2008 and one of the complaints served in October 2008. We have fully paid the settlement amount and the case has been dismissed. The overall settlement amount was not material to our consolidated financial statements. We have reached an agreement with plaintiffs to settle the claims in the second complaint filed in October 2008. In February 2011, the agreement was approved by the Court, and the amount of the overall settlement was not material. We intend to vigorously defend against the remaining claims and to vigorously oppose the certification of the remaining matters as class actions. Any potential settlements of these remaining claims are not anticipated to be material to our consolidated financial statements.

In October 2007, we were contacted by the Attorney General’s Office for the State of Nevada. The Attorney General’s Office informed us that it was conducting a civil and criminal investigation of our operations in Nevada and that the investigation related to the billing of pharmaceuticals, including EPO. In February 2008, the Attorney General’s Office informed us that the civil and criminal investigation had been discontinued. The Attorney General’s Office further advised us that Nevada Medicaid intended to conduct audits of end stage renal disease (ESRD) dialysis providers in Nevada, and such audits would relate to the issues that were the subjects of the investigation. To our knowledge, no court proceedings have been initiated against us at this time. Any negative audit findings could result in a substantial repayment by us. At this time, we cannot predict the ultimate outcome of this matter or the potential range of damages, if any.

In August 2005, Blue Cross/Blue Shield of Louisiana filed a complaint in the United States District Court for the Western District of Louisiana against Gambro AB, DVA Renal Healthcare (formerly known as Gambro Healthcare) and related entities. The plaintiff sought to bring its claims as a class action on behalf of itself and all entities that paid any of the defendants for health care goods and services from on or about January 1991 through at least December 2004. The complaint alleged, among other things, damages resulting from facts and circumstances underlying Gambro Healthcare’s 2004 settlement agreement with the Department of Justice and certain agencies of the U.S. government. In March 2006, the case was dismissed and the plaintiff was compelled to seek arbitration to resolve the matter. In November 2006, the plaintiff filed a demand for class arbitration against us and DVA Renal Healthcare, a subsidiary of DaVita Inc. In February 2011, the arbitration panel denied plaintiff’s request to certify a class. We intend to vigorously defend against plaintiff’s remaining individual claims and any appeal that may be filed. At this time we cannot predict the ultimate outcome of this matter or the potential range of damages, if any.

In June 2004, Gambro Healthcare (now known as DVA Renal Healthcare and a subsidiary of DaVita Inc.) was served with a complaint filed in the Superior Court of California by one of its former employees who worked

 

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for its California acute services program. The complaint, which is styled as a class action, alleges, among other things, that DVA Renal Healthcare failed to provide overtime wages, defined rest periods and meal periods, or compensation in lieu of such provisions and failed to comply with certain other California Labor Code requirements. We intend to vigorously defend against these claims. We also intend to vigorously oppose the certification of this matter as a class action. At this time, our estimate of the range of possible damages related to this matter is immaterial to our consolidated financial statements.

In addition to the foregoing, we are subject to claims and suits, including from time to time, contractual disputes and professional and general liability claims, as well as audits and investigations by various government entities, in the ordinary course of business. We believe that the ultimate resolution of any such pending proceedings, whether the underlying claims are covered by insurance or not, will not have a material adverse effect on our financial condition, results of operations or cash flows.

Item 4.    (Removed and Reserved)

 

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PART II

 

Item 5. Market for the Registrant’s Common Equity, Related Stockholder Matters and Issuer Purchases of Equity Securities.

Our common stock is traded on the New York Stock Exchange under the symbol “DVA”. The following table sets forth, for the periods indicated, the high and low closing prices for our common stock as reported by the New York Stock Exchange.

 

     High      Low  

Year ended December 31, 2010:

     

1st quarter

   $ 64.19       $ 58.98   

2nd quarter

     66.63         60.43   

3rd quarter

     69.03         56.83   

4th quarter

     74.11         68.24   

Year ended December 31, 2009:

     

1st quarter

   $ 53.04       $ 42.34   

2nd quarter

     49.56         42.36   

3rd quarter

     56.64         47.78   

4th quarter

     61.55         53.03   

The closing price of our common stock on January 31, 2011 was $73.85 per share. According to The Bank of New York, our registrar and transfer agent, as of January 31, 2011, there were 7,622 holders of record of our common stock. We have not declared or paid cash dividends to holders of our common stock since 1994. We have no current plans to pay cash dividends and we are restricted from paying dividends under the terms of our Senior Secured Credit Facilities and the indentures governing our senior and senior subordinated notes. Also, see the heading “Liquidity and capital resources” under “Item 7. Management’s Discussion and Analysis of Financial Condition and Results of Operations” and the notes to our consolidated financial statements.

Stock Repurchases

The following table summarizes our repurchases of our common stock during 2010:

 

Period

   Total Number
of
Shares
Purchased
     Average
Price Paid
per Share
     Total Number
of Shares Purchased as
Part of Publicly
Announced Plans or
Programs(1)
     Approximate Dollar Value
of Shares that May Yet Be
Purchased Under the
Plans or Programs
(in millions)
 

April 1—30, 2010

     179,700       $ 63.16         179,700       $ 488.7   

May 1—31, 2010

     1,407,460         63.02         1,407,460         400.0   

September 1—30, 2010

     1,448,000         68.02         1,448,000         301.5   

October 1—31, 2010

     4,244,300         71.03         4,244,300         7.2   

November 1—30, 2010

     1,639,300         72.28         1,639,300         681.5   
                             

Total

     8,918,760       $ 69.35         8,918,760      
                             

 

(1) On November 3, 2009, we announced that the Board of Directors authorized an increase of an additional $500 million for repurchases of our common stock. On November 3, 2010, we announced that the Board of Directors authorized an increase of an additional $800 million for repurchases of our common stock.

This stock repurchase program has no expiration date. We are authorized to make purchases from time to time in the open market or in privately negotiated transactions, depending upon market conditions and other considerations. However, we are subject to share repurchase limitations under the terms of the Senior Secured Credit Facilities and the indentures governing our senior notes.

 

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Item 6.    Selected Financial Data.

The following financial and operating data should be read in conjunction with “Item 7. Management’s Discussion and Analysis of Financial Condition and Results of Operations” and our consolidated financial statements filed as part of this report. The following table presents selected consolidated financial and operating data for the periods indicated. Effective January 1, 2009, we were required to present consolidated net income attributable to us and to noncontrolling interests on the face of the consolidated statement of income, which changed the presentation of minority interests (noncontrolling interests) in our consolidated statements of income. These consolidated financial results have been recast for all prior periods presented to reflect the retrospective application of adopting these new presentation and disclosure requirements for noncontrolling interests.

 

    Year ended December 31,  
    2010     2009     2008     2007     2006  
    (in thousands, except share data)  

Income statement data:

         

Net operating revenues

  $ 6,447,391      $ 6,108,800      $ 5,660,173      $ 5,264,151      $ 4,880,662   

Operating expenses and charges(1)

    5,450,364        5,168,529        4,791,077        4,355,240        4,103,089   
                                       

Operating income

    997,027        940,271        869,096        908,911        777,573   

Debt expense(2)

    (181,607     (185,755     (224,716     (257,147     (276,706

Debt refinancing and redemption charges

    (74,382     —          —          —          —     

Other income, net(3)

    3,420        3,708        12,411        22,460        13,033   
                                       

Income from continuing operations before income taxes

    744,458        758,224        656,791        674,224        513,900   

Income tax expense

    260,239        278,465        235,471        245,581        186,430   
                                       

Income from continuing operations

    484,219        479,759        421,320        428,643        327,470   

Income from discontinued operations, net of tax(4)

    —          —          —          —          1,747   

Gain on disposal of discontinued operations, net of tax(4)

    —          —          —          —          362   
                                       

Net income

  $ 484,219      $ 479,759      $ 421,320      $ 428,643      $ 329,579   

Less: Net income attributable to noncontrolling interests(5)

  $ (78,536   $ (57,075   $ (47,160   $ (46,865   $ (39,888
                                       

Net income attributable to DaVita Inc.

  $ 405,683      $ 422,684      $ 374,160      $ 381,778      $ 289,691   
                                       

Basic earnings per common share from continuing operations attributable to DaVita Inc.(4)

  $ 4.00      $ 4.08      $ 3.56      $ 3.61      $ 2.79   
                                       

Diluted earnings per common share from continuing operations attributable to DaVita Inc.(4)

  $ 3.94      $ 4.06      $ 3.53      $ 3.55      $ 2.73   
                                       

Weighted average shares outstanding:(7)

         

Basic

    101,504,000        103,604,000        105,149,000        105,893,000        103,520,000   
                                       

Diluted

    103,059,000        104,168,000        105,940,000        107,418,000        105,793,000   
                                       

Ratio of earnings to fixed charges(6)

    3.44:1        3.58:1        3.01:1        2.92:1        2.38:1   

Balance sheet data:

         

Working capital

  $ 1,698,509      $ 1,255,580      $ 965,233      $ 889,917      $ 597,324   

Total assets

    8,114,424        7,558,236        7,286,083        6,943,960        6,491,816   

Long-term debt

    4,233,850        3,532,217        3,622,421        3,683,887        3,730,380   

Total DaVita Inc. shareholders’ equity(7)

    1,978,422        2,135,066        1,767,747        1,504,285        1,139,333   

 

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(1) Operating expenses and charges include $55,275 in 2007 and $37,968 in 2006 of valuation gains on the alliance and product supply agreement with Gambro Renal Products, Inc. Operating expenses and charges in 2007 also includes $6,779 of gains from insurance settlements related to Hurricane Katrina and a fire that destroyed one center.
(2) Debt expense in 2007 and 2006 includes the write-off of approximately $4.4 million and $3.3 million, respectively, of deferred financing costs associated with our principal prepayments on our term loans.
(3) Other income, net, includes $5,868 in 2007 of gains from the sale of investment securities.
(4) Income for discontinued operations, net of tax, in 2006 includes the sale of three dialysis centers that were part of a larger group of dialysis centers that were required to be divested in conjunction with a consent order issued by the Federal Trade Commission in order for us to complete the acquisition of DVA Renal Healthcare. The majority of the dialysis centers were divested in 2005.
(5) Net income attributable to noncontrolling interests includes $1,747 in 2006 of income from discontinued operations.
(6) The ratio of earnings to fixed charges was computed by dividing earnings by fixed charges. Earnings for this purpose is defined as pretax income from continuing operations adjusted by adding back fixed charges expensed during the period. Fixed charges include debt expense (interest expense and the write-off and amortization of deferred financing costs), the estimated interest component of rental expense on operating leases, and capitalized interest.
(7) Share repurchases consisted of 8,918,760 shares of common stock for $618,496 in 2010, 2,902,619 shares of common stock for $153,495 in 2009, and 4,788,881 shares of common stock for $232,715 in 2008. Shares issued in connection with stock awards amounted to 1,771,384 in 2010, 2,104,304 in 2009, 1,314,074 in 2008, 2,480,899 in 2007, and 2,620,125 in 2006.

 

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Item 7.    Management’s Discussion and Analysis of Financial Condition and Results of Operations.

Forward-looking statements

This Management’s Discussion and Analysis of Financial Condition and Results of Operations contain statements that are forward-looking statements within the meaning of the federal securities laws. All statements that do not concern historical facts are forward-looking statements and include, among other things, statements about our expectations, beliefs, intentions and/or strategies for the future. These forward-looking statements include statements regarding our future operations, financial condition and prospects, expectations for treatment growth rates, revenue per treatment, expense growth, levels of the provision for uncollectible accounts receivable, operating income, cash flow, operating cash flow, estimated tax rates, capital expenditures, the development of new centers and center acquisitions, government and commercial payment rates, revenue estimating risk and the impact of our related level of indebtedness on our financial performance, including earnings per share. These statements involve substantial known and unknown risks and uncertainties that could cause our actual results to differ materially from those described in the forward-looking statements, including, but not limited to, risks resulting from the regulatory environment in which we operate, economic and market conditions, competitive activities, other business conditions, accounting estimates, the variability of our cash flows, the concentration of profits generated from commercial payor plans, continued downward pressure on average realized payment rates from commercial payors, which may result in the loss of revenue or patients, a reduction in the number of patients under higher-paying commercial plans, a reduction in government payment rates or changes to the structure of payments under the Medicare ESRD program or other government-based programs, including, for example, the implementation of a bundled payment rate system beginning January 2011, which will lower reimbursement for services we provide to Medicare patients, and the impact of health care reform legislation that was enacted in the United States in March 2010, changes in pharmaceutical or anemia management practice patterns, payment policies or pharmaceutical pricing, our ability to maintain contracts with physician medical directors, legal compliance risks, including our continued compliance with complex government regulations, the resolution of ongoing investigations by various federal and state government agencies, continued increased competition from large and medium-sized dialysis providers that compete directly with us, our ability to complete any acquisitions, mergers or dispositions that we might be considering or announce, or integrate and successfully operate any business we may acquire and the risk factors set forth in this Annual Report on Form 10-K. We base our forward-looking statements on information currently available to us, and we undertake no obligation to update or revise these statements, whether as a result of changes in underlying factors, new information, future events or otherwise.

The following should be read in conjunction with our consolidated financial statements and “Item 1. Business”.

Overview

We are a leading provider of kidney dialysis services in the United States through a network of approximately 1,612 outpatient dialysis centers and approximately 750 hospitals, serving approximately 125,000 patients in 42 states. This represents an approximate 30% market share based upon the number of patients that we serve. In 2010, our overall network of dialysis centers increased by 82 centers primarily as a result of opening new centers and acquisitions and the overall number of patients that we serve increased by approximately 6.0%. Our national scale and size, among other things, allows us to provide industry leading quality care that attracts patients and referring physicians, as well as qualified medical directors, provides our patient base with convenient locations and access to a full range of services and provides us the ability to effectively control certain costs.

Our stated mission is to be the provider, partner and employer of choice. We believe our attention to these three stakeholders—our patients, our business partners, and our teammates—represents the major driver of our long-term performance, although we are subject to the impact of external factors such as government policy and physician practice patterns. Accordingly, two principal non-financial metrics we track are quality clinical outcomes and teammate turnover. We have developed our own composite index for measuring improvements in

 

40


our clinical outcomes, which we refer to as the DaVita Quality Index, or DQI. Our clinical outcomes as measured by DQI have improved over each of the past three years. Although it is difficult to reliably measure clinical performance across our industry, we believe our clinical outcomes compare favorably with other dialysis providers in the United States and generally exceed the dialysis outcome quality indicators of the National Kidney Foundation. In addition, over the past several years our teammate turnover has remained relatively constant, which we believe was a major contributor to our continued clinical performance improvements and also a major driver in our ability to improve productivity in 2010. We will continue to focus on these stakeholders and our clinical outcomes as we believe these are fundamental long-term value drivers.

Our overall financial performance was solid for 2010 and was characterized by the following as compared to 2009:

 

   

consolidated revenue growth of approximately 6.0%;

   

an increase of approximately 6.0% in the overall number of treatments that we provided;

   

consolidated operating income growth of approximately 6.0%; and

   

strong operating cash flows of $840 million.

However, we believe that 2011 will be more challenging as we implement Medicare’s new payment system that began in January 2011, in which all ESRD payments will be made under a single bundled payment rate that provides for an annual inflation adjustment based upon a market basket index, less a productivity improvement factor. The new bundled payment rate provides a fixed rate to encompass all goods and services provided during the dialysis treatment, including pharmaceuticals that were historically separately reimbursed irrespective of the level of pharmaceuticals administered or additional services performed.

Approximately 94% of our 2010 consolidated net operating revenues were derived directly from our dialysis and related lab services business. Approximately 83% of our 2010 dialysis and related lab services revenues were derived from outpatient hemodialysis services in the 1,580 centers that we consolidate. Other dialysis services, which are operationally integrated with our dialysis operations, are peritoneal dialysis, home-based hemodialysis, hospital inpatient hemodialysis services and management and administrative services. These services collectively accounted for the balance of our 2010 dialysis and related lab services revenues.

Our other business operations include ancillary services and strategic initiatives which are primarily aligned with our core business of providing kidney dialysis services to our network of patients. These consist primarily of pharmacy services, infusion therapy services, disease management services, vascular access services, ESRD clinical research programs and physician services. These services generated approximately $374 million of net operating revenues in 2010, representing an 18% increase as compared to 2009. The ancillary services and strategic initiatives net operating revenues in 2010 accounted for approximately 6% of our consolidated net operating revenues. Operating losses from our ancillary services and strategic initiatives decreased from $12 million in 2009 to $6 million in 2010, primarily as a result of improved profitability in our pharmacy and disease management businesses. We currently expect to continue to invest in our ancillary services and strategic initiatives as we work to develop successful new business operations. However, any significant change in market conditions, business performance or in the regulatory environment may impact the economic viability of any of these strategic initiatives. Any unfavorable changes could result in a write-off or an impairment of some or all of our investments, including goodwill, in these strategic initiatives, or could also result in significant termination costs if we were to exit a certain line of business.

The principal drivers of our dialysis and related lab services revenues are:

 

   

the number of treatments, which is primarily a function of the number of chronic patients requiring approximately three treatments per week, as well as, to a lesser extent, the number of treatments for peritoneal dialysis services and home-based dialysis and hospital inpatient dialysis services;

   

average dialysis revenue per treatment; and

   

the number of laboratory patient tests.

 

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The total patient base is a relatively stable factor, which we believe is influenced by a demographically growing need for dialysis services, our relationships with referring physicians together with the quality of our clinical care, and our ability to open and acquire new centers. In 2010, we were able to increase our overall network of patients that we serviced by approximately 6% as compared to 2009.

Average dialysis and related lab services revenue per treatment in 2010 and prior was primarily driven by our mix of commercial and government (principally Medicare and Medicaid) patients, the mix and intensity of physician-prescribed pharmaceuticals, commercial and government payment rates, and our billing and collecting operations performance. Beginning in 2011, with the implementation of Medicare’s new single bundled payment rate system, the intensities of physician-prescribed pharmaceuticals will have a lesser impact on our average dialysis and related lab services revenue per treatment since payment for these pharmaceuticals will be included in the bundled payment.

On average, payment rates from commercial payors are significantly higher than Medicare, Medicaid and other government program payment rates, and therefore the percentage of commercial patients to total patients represents a major driver of our total average dialysis revenue per treatment. The percentage of commercial patients covered under contracted plans as compared to commercial patients with out-of-network providers can also significantly affect our average dialysis revenue per treatment. In 2010, the growth of our government-based patients continued to outpace the growth of our commercial patients, which has been a trend that we have experienced for the past two years. We believe the growth in our government-based patients is driven primarily by improved mortality and the current economic recession. This trend has negatively impacted our average dialysis revenue per treatment as a result of receiving a larger proportion of our revenue from lower payment rates associated with these additional government-based patients.

The following table summarizes our dialysis and related lab services revenues for the year ended December 31, 2010:

 

     Revenues  

Medicare and Medicare-assigned plans

     57

Medicaid and Medicaid-assigned plans

     6

Other government-based programs

     3
        

Total government-based programs

     66

Commercial (including hospital dialysis services)

     34
        

Total dialysis and related lab services revenues

     100
        

Government payment rates are principally determined by federal Medicare and state Medicaid policy. These payment rates have historically had limited potential for rate increases and are sometimes at risk of reduction as federal and state governments face increasing budget pressures. Medicare payment rates for dialysis services through 2008 have not been routinely increased to compensate for the impact of inflation. In July 2008, MIPPA was passed by Congress that provided dialysis providers with an increase in the composite rate of 1.0% that went into effect on January 1, 2009 and an additional 1.0% that went into effect on January 1, 2010. This legislation also changed the way Medicare will pay for dialysis services in 2011. The new payment system also provides for an annual inflation adjustment based upon a market basket index, less a productivity adjustment, beginning in 2012. Also beginning in 2012, the rule provides for up to a 2% annual payment withhold that can be earned back by facilities that meet certain defined clinical performance standards. The new payment system reimburses providers based on a single bundled or average payment for each Medicare treatment provided. This new bundled payment amount is designed to cover all dialysis services which were historically included in the composite rate and all separately billable ESRD services such as pharmaceuticals and laboratory costs. The new bundled payment rate is adjusted for certain patient characteristics, a geographic wage index and certain other factors. This initial 2011 bundled payment rate includes reductions of 2% and 3.1%, respectively, to conform to the provisions of MIPPA and to establish neutrality. Further, there is a 5.94% reduction tied to an expanded list of

 

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case mix adjustors which can be earned back based upon the presence of these certain patient characteristics and co-modalities at the time of treatment. There are also other provisions which may impact payment including an outlier pool and a low volume facility adjustment. We are now at risk for variations in pharmaceutical utilization since reimbursement is set at a fixed average reimbursement rate.

Dialysis payment rates from commercial payors can vary significantly and a major portion of our commercial rates are set at contracted amounts with large payors and are subject to intense negotiation pressure. Our commercial payment rates also include payments for out-of-network patients that on average are higher than our in-network contract rates. In 2010, we were successful in increasing some of our commercial payment rates which contributed to an increase in our average dialysis revenue per treatment and helped offset some of the overall decline in our average dialysis revenue per treatment. In 2010, we also entered into several new commercial contracts with certain commercial payors that will primarily pay us a single bundled payment rate for all dialysis services provided to patients covered by the commercial insurance plans. These contracts contain annual escalators and effectively eliminate all payments for out-of-network patients. We are continuously in the process of negotiating agreements with our commercial payors and payors are aggressive in their negotiations. If our negotiations result in overall commercial rate reductions in excess of overall commercial rate increases, this would have a material adverse effect on our operating results. In addition, if there are sustained or increased job losses in the United States as a result of current economic conditions, or depending upon changes to the healthcare regulatory system, we could experience a decrease in the number of patients under commercial plans.

Approximately 26% of our dialysis and related lab services revenues for the year ended December 31, 2010 were from physician-prescribed pharmaceuticals, with EPO accounting for approximately 18% of our dialysis and related lab services revenues. Therefore, in 2010 and prior, changes in physician practice patterns, pharmaceutical protocols, pharmaceutical intensities and changes in commercial and governmental payment rates for EPO significantly influenced our revenue. For example, in 2010, the intensities of physician-prescribed pharmaceutical decreased significantly from 2009, which negatively impacted our average dialysis revenue per treatment. Beginning in January 2011, the majority of our pharmaceuticals will no longer be separately billable as a result of the new Medicare single bundled payment rate system and as a result of some of our new commercial contracts that also implemented single bundled payment rates.

Our operating performance with respect to dialysis services billing and collection can also be a significant factor in the average dialysis and related lab services revenue per treatment we actually realize. Over the past several years we have invested heavily in new systems and processes that we believe have helped improve our operating performance and reduced our regulatory compliance risks and we expect to continue to improve these systems. In 2010, we continued to upgrade our systems and implemented process changes and will continue to do so in 2011 to effectively capture the necessary patient characteristics and certain other factors under Medicare’s new bundled payment system. We believe this will help minimize reductions in our reimbursement amounts from Medicare and enhance our overall billing and collection performance associated with our payors. However, as we implement these system upgrades, our collection performance as well as our dialysis and related lab services revenue per treatment could be negatively impacted.

Our revenue recognition involves significant estimation risks. Our estimates are developed based on the best information available to us and our best judgment as to the reasonably assured collectability of our billings as of the reporting date based upon our actual historical collection experience. Changes in estimates are reflected in the then-current period financial statements based upon on-going actual experience trends, or subsequent settlements and realizations depending on the nature and predictability of the estimates and contingencies.

Our annual average dialysis and related lab services revenue per treatment was approximately $337, $340 and $334 for 2010, 2009 and 2008, respectively. In 2010, the average dialysis and related lab services revenue per treatment decreased by approximately $3 per treatment primarily due to a decline in intensities of physician-prescribed pharmaceuticals, a decline in the commercial payor mix, partially offset by an increase of 1.0% in the Medicare composite rate and an increase in some of our commercial payment rates. In 2009, the average dialysis

 

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and related lab services revenue per treatment increased by approximately $6 per treatment primarily due to a 1.0% increase in the Medicare composite rate, an increase in some our commercial payment rates, an increase in our reimbursement rates for EPO and other pharmaceuticals and an increase in the intensities of physician-prescribed pharmaceuticals, partially offset by a decline in the commercial payor mix. Commercial payment rates, changes in the mix and intensities of physician-prescribed pharmaceuticals billed separately, government payment policies regarding reimbursement amounts for dialysis treatments and pharmaceuticals under the new Medicare bundled payment rate system including our ability to capture all patient characteristics, and changes in the mix of government and commercial patients may materially impact our average dialysis and related lab services revenue per treatment in the future.

The principal drivers of our dialysis and related lab services patient care costs are clinical hours per treatment, labor rates, vendor pricing of pharmaceuticals, utilization levels of pharmaceuticals, business infrastructure, including the operating costs of our dialysis centers, and compliance costs. However, other cost categories can also represent significant cost variability, such as employee benefit costs and insurance costs. Our average clinical hours per treatment decreased in the last two years, primarily because of continued productivity improvements driven by reduced clinical teammate turnover and improved training and processes. We continue to strive for improved productivity levels, however we may not be able to sustain our 2010 performance as changes in federal and state policies can adversely impact our ability to achieve optimal productivity levels. In addition, improvements in the U.S. economy could stimulate additional competition for skilled clinical personnel and result in higher teammate turnover which would adversely affect productivity levels. In 2010 and 2009, we experienced an increase in our clinical labor rates of approximately 2.0% and 2.5%, respectively, as clinical labor rates have increased consistent with general industry trends, mainly due to the demand for skilled clinical personnel, along with general inflation increases. However, in 2010, we were able to initiate certain cost control initiatives to minimize increases in our clinical labor rates. In 2010, we experienced an increase in our EPO costs, which increased by approximately 2%. In addition, our agreement with Amgen for the purchase of EPO provides for specific discount pricing and rebates based on a variety of factors including process improvements targets, patient outcome targets and data submission, which could negatively impact our earnings if we are unable to continue to qualify for discount pricing and rebates. In 2010, we also experienced increases in our infrastructure and operating costs of our dialysis centers, primarily due to the number of new centers opened, and general increases in rent, utilities and repairs and maintenance.

General and administrative expenses have remained relatively constant as a percent of consolidated revenues over the past three years. In 2010, through various cost control initiatives, we were able to control our general and administrative expenses which increased by 0.3% of net operating revenues as compared to 2009. However, this still reflects an increase in the dollar amount of spending related to strengthening our dialysis business, improving our regulatory compliance and other operational processes, responding to certain legal matters and supporting the growth in our ancillary services and strategic initiatives. We expect that these levels of expenditures on general and administrative expenses in 2011 will increase as we continue to make investments in our long-term initiatives, including further investments in our ancillary services and strategic initiatives, our investments in international growth opportunities, our investments in improving our information technology and human resources infrastructure and the level of support for our regulatory compliance and legal matters.

Outlook for 2011.    Because of the uncertainties of operating under the new Medicare bundled payment system and the ongoing uncertainties associated with our payor mix, we will not be providing a specific guidance range for 2011 operating income at this time. However, excluding the impact of our recently announced acquisition of DSI Renal, Inc. that is not expected to close until the second or third quarter of this year, our current projections indicate that 2011 operating income will be flat or modestly down compared to 2010. These projections and the underlying assumptions involve significant risks and uncertainties, and actual results may vary significantly from these current projections. These risks and uncertainties, among others, include those relating to the concentration of profits generated from commercial payor plans, continued downward pressure on average realized payment rates from commercial payors, which may result in the loss of revenue or patients, a reduction in the number of patients under higher-paying commercial plans, a reduction in government payment

 

44


rates or changes to the structure of payments under the Medicare ESRD program or other government-based programs, including, for example, the implementation of a bundled payment rate system beginning in January 2011, which will lower reimbursement for services we provide to Medicare patients, and the impact of health care reform legislation that was enacted in the United States in March 2010, changes in pharmaceutical or anemia management practice patterns, payment policies or pharmaceutical pricing, our ability to maintain contracts with physician medical directors, legal compliance risks, including our continued compliance with complex government regulations, the resolution of ongoing investigations by various federal and state government agencies, continued increased competition from large and medium-sized dialysis providers that compete directly with us, our ability to complete any acquisitions, mergers or dispositions that we might be considering or announce, or integrate and successfully operate any business we may acquire. You should read “Risk Factors” in Item 1A of this Annual Report on Form 10-K and the cautionary language contained in the forward-looking statements and associated risks as discussed on page 40 for more information about these and other potential risks. We undertake no obligation to update or revise these statements, whether as a result of changes in underlying factors, new information, future events or otherwise.

Results of operations

We operate principally as a dialysis and related lab services business but also operate other ancillary services and strategic initiatives. These ancillary services and strategic initiatives consist primarily of pharmacy services, infusion therapy services, disease management services, vascular access services, ESRD clinical research programs and physician services. The dialysis and related lab services business qualifies as a separately reportable segment and all of the other ancillary services and strategic initiatives have been combined and disclosed in the other segments category.

Following is a summary of consolidated operating results for reference in the discussion that follows.

 

     Year ended December 31,  
     2010     2009     2008  
     (dollar amounts rounded to nearest million)  

Net operating revenues:

            

Current period services

   $ 6,447        100   $ 6,109        100   $ 5,660        100
                                                

Operating expenses and charges:

            

Patient care costs

     4,475        69     4,249        70     3,920        69

General and administrative

     579        9     532        9     508        9

Depreciation and amortization

     234        4     229        4     217        4

Provision for uncollectible accounts

     171        3     162        3     146        3

Equity investment income

     (9     —          (2     —          (1     —     
                                                

Total operating expenses and charges

     5,450        84     5,169        85     4,791        85
                                                

Operating income

   $ 997        16   $ 940        15   $ 869        15
                                                

The following table summarizes consolidated net operating revenues:

 

     Year ended  
           2010                  2009                  2008        
     (dollar amounts rounded to nearest million)  

Dialysis and related lab services

   $ 6,073       $ 5,792       $ 5,415   

Other—ancillary services and strategic initiatives

     374         317         245   
                          

Consolidated net operating revenues

   $ 6,447       $ 6,109       $ 5,660   
                          

 

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The following table summarizes consolidated operating income:

 

     Year ended  
         2010              2009(1)              2008(1)      
     (dollar amounts rounded to nearest million)  

Dialysis and related lab services

   $ 1,039      $ 994      $ 939   

Other—ancillary services and strategic initiatives loss

     (6     (12     (30
                        

Total segment operating income

     1,034        982        910   

Reconciling items:

      

Stock-based compensation

     (46     (44     (41

Equity investment income

     9        2        1   
                        

Consolidated operating income

     997        940        869   
                        

 

(1) Certain costs previously reported in ancillary services and strategic initiatives have been reclassified to dialysis and related lab services to conform to the current year presentation.

Consolidated net operating revenues

Consolidated net operating revenues for 2010 increased by approximately $338 million or approximately 5.5% from 2009. This increase was primarily due to an increase in dialysis and related lab services net revenues of approximately $281 million, principally due to an increase in the number of treatments, partially offset by a decline of $3 in the average dialysis revenue per treatment, and an increase of approximately $57 million in the ancillary services and strategic initiatives net revenues driven primarily from growth in our pharmacy services and from our infusion therapy services.

Consolidated net operating revenues for 2009 increased by approximately $449 million or approximately 7.9% from 2008. This increase was primarily due to an increase in dialysis and related lab services net revenues of approximately $377 million, principally due to an increase in the number of treatments, and an increase of approximately $72 million in the ancillary services and strategic initiatives net revenues driven primarily from growth in our pharmacy services, disease management services and from our infusion therapy services.

Consolidated operating income

Consolidated operating income of $997 million for 2010 increased by approximately $57 million, or 6.1%, from 2009. This increase was primarily attributable to an increase in revenue as a result of additional treatments from non-acquired growth and acquisitions in dialysis and related lab services, partially offset by a decline in our average dialysis revenue per treatment of approximately $3, as described below. Operating income also increased as a result of continued cost control initiatives, improved productivity, overall lower pharmaceutical costs and lower operating losses in our ancillary services and strategic initiatives, partially offset by the negative impact of a decline in the intensities of physician-prescribed pharmaceuticals, higher labor costs and increases in other operating costs of our dialysis centers.

Consolidated operating income of $940 million for 2009 increased by approximately $71 million, or 8.2%, from 2008. This increase was primarily attributable to an increase in revenue as a result of non-acquired treatment growth in dialysis and related lab services, as well as an increase in our average dialysis revenue per treatment of approximately $6 as described below. Operating income also increased as a result of cost control initiatives, improved productivity and lower operating losses in our ancillary services and strategic initiatives, which losses were reduced by approximately $18 million in 2009, partially offset by the negative impact of higher pharmaceutical, labor and benefit costs, and increases in other operating costs of our dialysis centers.

 

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Operating segments

Dialysis and Related Lab Services

 

     Year ended  
     2010      2009      2008  
     (dollar amounts rounded to nearest million, except
per treatment data)
 

Revenues

   $ 6,073       $ 5,792       $ 5,415   
                          

Segment operating income

   $ 1,039       $ 994       $ 939   
                          

Dialysis treatments

     17,992,805         17,010,450         16,217,107   

Average dialysis treatments per treatment day

     57,485         54,433         51,663   

Average dialysis and related lab services revenue per treatment

   $ 337       $ 340       $ 334   

Net operating revenues

Dialysis and related lab services net operating revenues for 2010 increased by approximately $281 million or approximately 4.9% from 2009. The increase in net operating revenues was primarily due to an increase in the number of treatments of approximately 5.6%, partially offset by a decline in the average dialysis revenue per treatment of approximately $3, or 0.9%. The increase in the number of treatments was primarily due to an increase in non-acquired treatment growth at existing and new centers and growth through acquisitions. The decline in the average dialysis revenue per treatment in 2010, as compared to 2009, was primarily due to a decline in the intensities of physician-prescribed pharmaceuticals and a decline in the commercial payor mix, partially offset by a 1% increase in the Medicare composite rate and an increase in some of our commercial payment rates.

Dialysis and related lab services net operating revenues for 2009 increased by approximately $377 million or approximately 7.0% from 2008. The increase in net operating revenues was primarily due to an increase in the number of treatments of approximately 4.7%, and an increase in the average dialysis revenue per treatment of approximately $6, or 1.9%. The increase in the number of treatments was primarily due to an increase in non-acquired treatment growth at existing and new centers and growth through acquisitions. The increase in the average dialysis revenue per treatment in 2009, as compared to 2008, was primarily due to a 1% increase in the Medicare composite rate, an increase in some of our commercial payment rates, an increase in our reimbursement rates for EPO and other pharmaceuticals, and an increase in the intensities of physician-prescribed pharmaceuticals, partially offset by a decline in the commercial payor mix.

The following table summarizes our dialysis and related lab services revenues by modality for the year ended December 31, 2010:

 

     Revenue
percentages
 

Outpatient hemodialysis centers

     83

Peritoneal dialysis and home-based hemodialysis

     12

Hospital inpatient hemodialysis

     5
        

Total dialysis and related lab services revenues

     100
        

Approximately 66% of our total dialysis and related lab services revenues for the year ended December 31, 2010 were from government-based programs, principally Medicare, Medicaid, and Medicare-assigned plans, representing approximately 89% of our total patients. Over the last two years, we have been experiencing growth in our government-based patients that has been outpacing the growth in our commercial patients which has negatively impacted our dialysis and related lab services revenue per treatment. In 2010, approximately 11% of

 

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our patients and 34% of our revenues were associated with commercial payors, as compared to 12% and 35%, respectively, for 2009. Less than 1% of our dialysis and related lab services revenues are due directly from patients. No single commercial payor accounted for more than 5% of total dialysis and related lab services revenues for the year ended December 31, 2010.

On average we are paid significantly more for services provided to patients covered by commercial healthcare plans than we are for patients covered by Medicare, Medicaid or other government plans such as Medicare-assigned plans. Patients covered by commercial health plans transition to Medicare coverage after a maximum of 33 months. As a patient transitions from commercial coverage to Medicare or Medicaid coverage, the payment rates normally decline substantially. Medicare payment rates are insufficient to cover our costs associated with providing dialysis treatments, and therefore we lose money on each Medicare treatment.

Nearly all of our net earnings from dialysis and related lab services are derived from commercial payors, some of which pay at negotiated payment rates as established by contract and others of which pay based on our usual and customary fee schedule for our out-of-network patients. If we experience a net overall reduction in our contracted and non-contracted commercial rates as a result of these negotiations or restrictions, it could have a material adverse effect on our operating results.

Our average dialysis and related lab services revenue per treatment can be significantly impacted by several major factors, including our commercial payment rates, changes in the mix and intensities of physician-prescribed pharmaceuticals that are billed separately, government payment policies regarding reimbursement amounts for dialysis treatments and pharmaceuticals under the new Medicare bundled payment rate system, including our ability to capture all patient characteristics, and changes in the mix of government and commercial patients.

Operating expenses and charges

Patient care costs.    Dialysis and related lab services patient care costs are those costs directly associated with operating and supporting our dialysis centers and consist principally of labor, pharmaceuticals, medical supplies and operating costs of the dialysis centers. The dialysis and related lab services patient care costs on a per treatment basis were $232, $235 and $230 for 2010, 2009, and 2008, respectively. The $3 decrease in the per treatment costs in 2010 as compared to 2009 was primarily attributable to a decline in the intensities of physician-prescribed pharmaceuticals, a decrease in our overall pharmaceutical costs and continued improvements in productivity, partially offset by higher labor rates.

Dialysis and related lab services patient care costs on a per treatment basis increased by approximately $5 in 2009 as compared to 2008. The increase in the per treatment costs was primarily attributable to higher labor rates and benefit costs, an increase in pharmaceutical costs, an increase in other operating costs of our dialysis centers and an increase in the intensities of physician-prescribed pharmaceuticals, partially offset by improved productivity.

General and administrative expenses.    Dialysis and related lab services general and administrative expenses for the years ended 2010, 2009 and 2008 were approximately $471 million, $428 million and $402 million, respectively. The increase of approximately $43 million in 2010 as compared to 2009 was primarily due to increases in labor costs, an increase in our professional expenses for legal and compliance matters and the timing of certain other expenditures. The increase in general and administrative expenses of approximately $26 million in 2009 as compared to 2008 was primarily due to increases in labor and benefit costs, partially offset by the timing of certain other expenditures.

Depreciation and amortization.    Dialysis and related lab services depreciation and amortization expenses for 2010, 2009 and 2008 were approximately $228 million, $222 million and $210 million, respectively. The increase of approximately $6 million in depreciation and amortization for dialysis and related lab services in 2010 and $12 million in 2009 were primarily due to growth through new center developments and expansions.

 

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Provision for uncollectible accounts receivable.    The provision for uncollectible accounts receivable for dialysis and related lab services was 2.8% for 2010, 2.7% for 2009, and 2.6% for 2008. The increase in the provision for uncollectible accounts in 2010 was primarily to reflect a slowdown in the collection of payments from some of our non-government payors. The current provision level of 2.8% may increase if we encounter problems with our billing and collection process as a result of sustained weakness in the U.S. economy.

Operating income

Dialysis and related lab services operating income for 2010 increased by approximately $45 million as compared to 2009. The increase in the operating income for 2010 as compared to 2009 was primarily due to growth in the number of dialysis treatments from non-acquired growth and acquisitions, partially offset by a decrease in the average dialysis revenue per treatment of approximately $3 as described above. The dialysis and related lab services operating income also increased as a result of certain cost control initiatives, improved productivity, and overall lower pharmaceutical costs. However, the dialysis and related lab services operating income was negatively impacted primarily by a decline in the intensities of physician-prescribed pharmaceuticals, higher labor costs and an increase in other operating costs of our dialysis centers.

Dialysis and related lab services operating income for 2009 increased by approximately $55 million as compared to 2008. The increase in the operating income for 2009 as compared to 2008 was primarily due to growth in the number of dialysis treatments and an increase in the average dialysis revenue per treatment of approximately $6 as described above. The dialysis and related lab services operating income also increased as a result of certain cost control initiatives and improved productivity, but was negatively impacted primarily by higher labor and benefit costs, an increase in pharmaceutical costs and an increase in other operating costs of our dialysis centers.

Other—Ancillary services and strategic initiatives

 

     Year ended  
         2010             2009             2008      
     (dollar amounts rounded to nearest million)  

Revenues

   $ 374      $ 317      $ 245   
                        

Segment operating loss

   $ (6   $ (12   $ (30
                        

Net operating revenues

The ancillary services and strategic initiatives net operating revenues for 2010 increased by approximately $57 million or 18.0% as compared to 2009, primarily from growth in pharmacy services, and from our infusion therapy services, partially offset by a decline in our net operating revenues in our disease management services as a result of discontinuing the full service health care plans at the end of 2009.

The ancillary services and strategic initiatives net operating revenues for 2009 increased by approximately $72 million or 29.5% as compared to 2008, primarily from growth in pharmacy services, disease management services and from our infusion therapy services.

Operating expenses

Ancillary services and strategic initiatives operating expenses for 2010 increased by approximately $51 million from 2009, primarily due to an increase in volume in our pharmacy business and an increase in labor costs, partially offset by lower operating costs of our disease management services as a result of discontinuing the full service health care plans at the end of 2009.

Ancillary services and strategic initiatives operating expenses for 2009 increased by approximately $54 million from 2008, primarily due to an increase in volume in our pharmacy business and an increase in labor and benefit costs, partially offset by lower professional fees.

 

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Operating loss

Ancillary services and strategic initiatives operating losses for 2010 decreased by approximately $6 million from 2009. The decrease in operating losses was primarily due to volume growth in revenues associated with our pharmacy business, and a decrease in operating losses in our disease management business as a result of discontinuing the full service health care plans at the end of 2009.

Ancillary services and strategic initiatives operating losses for 2009 decreased by approximately $18 million from 2008. The decrease in operating losses was primarily due to volume growth in revenues outpacing increases in operating expenses, primarily associated with our pharmacy business and our disease management business, partially offset by an increase in operating losses associated with certain new initiatives.

Corporate level charges

Stock-based compensation.    Stock-based compensation of approximately $46 million for 2010 increased by approximately $2 million from 2009. Stock-based compensation of approximately $44 million for 2009 increased by approximately $3 million from 2008. The increase in 2010 resulted principally from an increase in the overall grant date fair value for the grant years that contributed expense to 2010, driven in part by a substantial increase in the grant date fair value of 2010 grants over that for recent years offset by a significant reduction in the number of awards granted in 2010. The increase in 2009 resulted from increases in both the aggregate quantity of grants and in the overall grant date fair value for the grant years that contributed expense to 2009.

Debt expense.    Debt expense for 2010, 2009, and 2008 consisted of interest expense of approximately $172 million, $176 million, and $215 million, respectively, including the amortization and accretion of debt discounts and premiums and the amortization of deferred financing costs of approximately $9 million in 2010 and $10 million for 2009 and 2008. The decrease in interest expense in 2010 as compared to 2009 was primarily related to lower average outstanding principal balances on our previously outstanding Term Loan A, lower average outstanding principal balances on our previously outstanding senior notes, lower interest rates associated with the issuance of our New Senior Notes and a decrease in our weighted average effective interest rate on the Term Loan B as a result of lower notional amounts of fixed rate swap agreements that contained higher rates. Our overall weighted average effective interest rate in 2010 was 4.68% as compared to 4.86% in 2009. However, interest expense in the fourth quarter of 2010 was negatively affected by the refinancing of our Senior Secured Credit Facilities that occurred on October 20, 2010, as the interest rates under our new Senior Secured Credit Facilities are substantially higher than the interest rates under the previous facility. Our overall weighted average effective interest rate in the fourth quarter of 2010 was 4.86%. Therefore, we expect our overall interest expense in 2011 will be significantly higher than 2010.

The decrease in interest expense in 2009 as compared to 2008 was primarily attributable to decreases in the LIBOR-based variable interest rates on the unhedged portion of our debt and the result of lower notional amounts of fixed rate swap agreements that contained higher rates. As of December 31, 2009, the notional amounts of our fixed rate swaps were approximately $389 million as compared to approximately $790 million at December 31, 2008. Our overall weighted average effective interest rate in 2009 was 4.86% as compared to 5.82% in 2008.

Equity investment income.    Equity investment income was approximately $9.0 million in 2010 as compared to $2.4 million in 2009. The increase in equity investment income in 2010 as compared to 2009 was primarily due to an increase in the profitability of our nonconsolidated joint ventures. The increase in equity investment income in 2009 as compared to 2008 was primarily due to an increase in the number of equity investments and improved profitability at several joint ventures.

Other income.    Other income was approximately $3 million, $4 million, and $12 million in 2010, 2009, and 2008, respectively, and consisted principally of interest income. The decreases in other income in 2010 and 2009 were primarily the result of lower average interest rates, partially offset by higher average cash balances.

 

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Provision for income taxes.    The provision for income taxes for 2010 represented an effective annualized tax rate of 35.0%, compared with 36.7% and 35.9% in 2009 and 2008, respectively. The effective tax rate in 2010 was lower primarily due to the impact of net income attributable to noncontrolling interests, and nonrecurring tax benefits associated with closed examinations and statutes. We currently project the effective income tax rate for 2011 to be in the range of 35.0% to 36.0%.

Impairments and valuation adjustments.    We perform impairment or valuation reviews for our property and equipment, amortizable intangible assets with finite useful lives, equity investments in non-consolidated businesses, and our investments in ancillary services and strategic initiatives at least annually and whenever a change in condition indicates that an impairment review is warranted. Such changes include shifts in our business strategy or plans, the quality or structure of our relationships with our partners, or when a center experiences deteriorating operating performance. Goodwill is also assessed at least annually for possible valuation impairment using fair value methodologies. These types of adjustments are charged directly to the corresponding operating segment that incurred the charge. No significant impairments or valuation adjustments were recognized during the periods presented.

Noncontrolling interests

Net income attributable to noncontrolling interests for 2010, 2009 and 2008 was approximately $79 million, $57 million and $47 million, respectively. The increases in noncontrolling interests in 2010 and 2009 were primarily due to increases in the number of new joint ventures and increases in the profitability of our dialysis-related joint ventures. The percentage of dialysis and related lab services net operating revenues generated from dialysis-related joint ventures was approximately 18% in 2010 compared to 16% in 2009.

Accounts receivable

Our accounts receivable balances at December 31, 2010 and 2009 represented approximately 61 and 68 days of revenue, respectively, net of bad debt allowance. The relative decrease in the days of net revenue in accounts receivable as of December 31, 2010 was a result of improved cash collections. However, our cash collections during the first half of 2011 could be negatively impacted as a result of implementing Medicare’s new single bundled payment rate system.

As of December 31, 2010 and 2009, approximately $153 million and $201 million in unreserved accounts receivable, respectively, representing approximately 15% and 18% of our total accounts receivable balance, respectively, were more than six months old. During 2010, we experienced improved cash collections from certain government payors and certain commercial payors. There were no significant unreserved balances over one year old. Less than 1% of our revenues are classified as “patient pay”. Substantially all revenue realized is from government and commercial payors, as discussed above.

Amounts pending approval from third-party payors as of December 31, 2010 and 2009, other than the standard monthly billing, consisted of approximately $46 million for both years, associated with Medicare bad debt claims, classified as “other receivables”. Currently, a significant portion of our Medicare bad debt claims are typically paid to us before the Medicare fiscal intermediary audits the claims. However, the payment received from Medicare is subject to adjustment based upon the actual results of the audits. Such audits typically occur one to four years after the claims are filed. As a kidney dialysis provider, our revenue is not subject to cost report settlements, except for potentially limiting the collectability of these Medicare bad debt claims.

Liquidity and capital resources

Available liquidity.    As of December 31, 2010, our cash balance was $860 million and we had undrawn credit under our Senior Secured Credit Facilities totaling $250 million, of which approximately $46 million was committed for outstanding letters of credit. We believe that we will have sufficient liquidity, operating cash flows

 

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and access to borrowings to fund our scheduled debt service and other obligations for the foreseeable future. Our primary sources of liquidity are cash from operations and cash from borrowings.

Cash flow from operations during 2010 amounted to $840 million, compared with $667 million for 2009. The increase in our operating cash flows in 2010 as compared to 2009 was primarily due to improved cash earnings and an improvement in our accounts receivable collections as described above. Cash flow from operations in 2010 included cash interest payments of approximately $191 million and cash tax payments of $207 million. Cash flow from operations in 2009 included cash interest payments of $186 million and cash tax payments of $162 million.

Non-operating cash outflows in 2010 included $279 million for capital asset expenditures, including $120 million for new center developments and relocations, and $159 million for maintenance and information technology. We also spent an additional $189 million for acquisitions. During 2010, we also received $61 million from the maturity and sale of investments. However, these proceeds were either used to repurchase other investments or were used to fund distributions from our deferred compensation plans. In addition, we received $60 million associated with stock option exercises and other share issuances and the related excess tax benefits. We also made distributions to noncontrolling interests of $84 million, and received contributions from noncontrolling interests of $10 million associated with new joint ventures and from additional equity contributions. We also repurchased 8.9 million shares of our common stock for approximately $619 million.

Non-operating cash outflows in 2009 included $275 million for capital asset expenditures, including $161 million for new center developments and relocations, and $114 million for maintenance and information technology. We also spent an additional $88 million for acquisitions. During 2009, we also received $33 million from the maturity and sale of investments. However, these proceeds were either used to repurchase other investments or were used to fund distributions from our deferred compensation plans. In addition, we received $75 million associated with stock option exercises and other share issuances and the related excess tax benefits. We also made distributions to noncontrolling interests of $68 million, and received contributions from noncontrolling interests of $13 million associated with new joint ventures and from additional equity contributions. We also repurchased 2.9 million shares of our common stock for approximately $154 million.

During 2010, we acquired a total of 41 dialysis centers, opened 65 new dialysis centers, sold six centers, closed 18 centers and made minority equity investments in three centers that were previously under management and administrative service agreements. During 2009, we acquired a total of 19 dialysis centers, opened 78 new dialysis centers, sold six centers, closed 18 centers, made minority equity investments in six centers and added two centers under management and administrative service agreements.

Acquisition

On February 4, 2011, we entered into a definitive agreement to acquire all of the outstanding equity securities of CDSI I Holding Company, Inc., parent company of dialysis provider DSI Renal, Inc. (DSI), in cash for approximately $689.2 million, subject to among other things, adjustments for certain items such as working capital, the purchase of noncontrolling interests, capital assets and acquisitions expenditures. DSI currently operates approximately 106 outpatient dialysis centers serving approximately 8,000 patients. The transaction is subject to approval by the Federal Trade Commission (FTC) including Hart-Scott-Rodino antitrust clearance. We anticipate that we will be required by the FTC to divest a certain number of outpatient dialysis centers as a condition of the transaction. The transaction is expected to close in the second or third quarter of fiscal 2011.

2010 capital structure changes and other items

On October 20, 2010, we entered into a $3,000 million new Senior Secured Credit Agreement (the Credit Agreement), consisting of a five year $250 million revolving line of credit, a five year $1,000 million Term Loan A and a six year $1,750 million Term Loan B. We also have the right to request an increase to the borrowing

 

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capacity to a total aggregate principal amount of not more than $4,000 million subject to bank participation. The revolving line of credit and the Term Loan A will initially bear interest at LIBOR plus an interest rate margin of 2.75% until June 30, 2011, and then is subject to adjustment depending upon our leverage ratio and can range from 2.25% to 2.75%. The Term Loan A requires annual principal payments of $50 million in 2011, $50 million in 2012, $100 million in 2013, and $150 million in 2014, with the balance of $650 million due in 2015. The Term Loan B bears interest at LIBOR (floor of 1.50%) plus 3.00% subject to a ratings based step-down to 2.75%. The Term Loan B requires annual principal payments of $17.5 million in each year from 2011 through 2015 with the balance of $1,663 million due in 2016. The borrowings under the Credit Agreement are guaranteed by substantially all of our direct and indirect wholly-owned domestic subsidiaries and are secured by substantially all of DaVita’s and its guarantors’ assets. The Credit Agreement contains customary affirmative and negative covenants such as various restrictions on investments, acquisitions, the payment of dividends, redemptions and acquisitions of capital stock, capital expenditures and other indebtedness, as well as limitations on the amount of tangible net assets in non-guarantor subsidiaries. However, many of these restrictions will not apply as long as our leverage ratio is below 3.50:1.00. In addition, the Credit Agreement requires compliance with financial covenants including an interest coverage ratio and a leverage ratio that determines the interest rate margins as described above.

On October 20, 2010, we also issued $775 million aggregate principal amount of 6 3/8% senior notes due 2018 and $775 million aggregate principal amount of 6 5/8% senior notes due 2020 (the New Senior Notes). The New Senior Notes will pay interest on May 1 and November 1, of each year beginning May 1, 2011. The New Senior Notes are unsecured senior obligations and rank equally to other unsecured senior indebtedness. The New Senior Notes are guaranteed by substantially all of our direct and indirect wholly-owned domestic subsidiaries. We may redeem some or all of the 6  3/8% senior notes at any time on or after November 1, 2013 at certain redemption prices and may redeem some or all of the 6 5/8% senior notes at any time on or after November 1, 2014 at certain redemption prices.

We received total proceeds of $4,300 million from these transactions, $2,750 million from the borrowings on Term Loan A and Term Loan B and an additional $1,550 million from the issuance of the New Senior Notes. We used a portion of the proceeds to pay-off the outstanding principal balances of our existing senior secured credit facilities plus accrued interest totaling $1,795 million and to purchase pursuant to a cash tender offer $558 million of the outstanding principal balances of our $700 million 6 5/8% senior notes due 2013 and $731 million of the outstanding balances of our $850 million 7 1/4% senior subordinated notes due 2015 (the Existing Notes), plus accrued interest totaling $1,297 million. The total amount paid for the Existing Notes was $1,019.06 per $1,000 principal amount of the 6  5/8% senior notes and $1,038.75 per $1,000 principal amount of the 7  1/4% senior subordinated notes. This resulted in us paying a cash tender premium of $39 million in order to extinguish this portion of the Existing Notes. On November 19, 2010, we redeemed the remaining outstanding balance of the existing 6 5/8% senior notes of $142 million at 101.656% per $1,000 and the remaining outstanding balance of the existing 7 1/4% senior subordinated notes of $119 million at 103.625% per $1,000 plus accrued interest totaling $265 million. In addition, we paid a call premium totaling $7 million. We also paid an additional $74 million in fees, discounts and other expenses. As a result of the above transactions, we received approximately $823 million in excess cash which we intend to use for general purposes and other opportunities, including share repurchases, potential acquisitions and other growth investments.

In connection with these transactions, we expensed debt refinancing and redemption charges totaling $70.3 million in the fourth quarter of 2010, which includes the write off of certain existing deferred financing costs and other new financing costs, the cash tender and call premiums, as described above and other expenses.

On June 7, 2010, we redeemed $200 million aggregate principal amount of our outstanding 6 5/8% senior notes due 2013, at a price of 101.656% plus accrued interest. As a result of this transaction, we expensed debt redemption charges of $4.1 million, which includes the call premium and the net write-off of other finance costs.

During the year ended December 31, 2010 we made mandatory principal payments totaling $65.6 million on the prior Term Loan A.

 

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Interest rate swaps

In January 2011, we entered into nine interest rate swap agreements with amortizing notional amounts totaling $1.0 billion that went effective on January 31, 2011. These agreements have the economic effect of modifying the LIBOR variable component of our interest rate on an equivalent amount of our Term Loan A debt to fixed rates ranging from 1.59% to 1.64%, resulting in an overall weighted average effective interest rate of 4.36% including the Term Loan A margin of 2.75%. The swap agreements expire on September 30, 2014 and require monthly interest payments.

In addition, in January 2011, we also entered into five interest rate cap agreements with notional amounts totaling $1.25 billion that went effective on January 31, 2011. These agreements have the economic effect of capping the LIBOR variable component of our interest rate at a maximum of 4.00% on an equivalent amount of our Term Loan B debt. The cap agreements expire on September 30, 2014.

Our previous interest rate swap agreements expired on September 30, 2010. The agreements that were effective during 2010 had the economic effect of modifying the LIBOR variable component of our interest rate on an equivalent amount of our debt to fixed rates ranging from 4.05% to 4.70%, resulting in an overall weighted average effective interest rate of 5.84% on the hedged portion of our Senior Secured Credit Facilities, including the Term Loan B margin of 1.50%. During 2010, 2009 and 2008, we accrued net cash obligations of approximately $9.1 million, $17.3 million and $4.2 million, respectively, from these swaps, which are included in debt expense.

As of December 31, 2010, the interest rates were fixed on approximately 77% of our total debt.

Our overall weighted average effective interest rate on the Senior Secured Credit Facilities was 4.05%, based upon the current margins in effect of 2.75% for the Term Loan A and 3.00% for the Term Loan B, as of December 31, 2010.

Our overall weighted average effective interest rate in 2010 was 4.68% and as of December 31, 2010 was 4.94%.

Stock repurchases

During 2010, we repurchased a total of 8,918,760 shares of our common stock for $618.5 million, or an average price of $69.35 per share, pursuant to previously announced authorizations by the Board of Directors. On November 3, 2010, we announced that our Board of Directors authorized an increase of an additional $800 million of share repurchases of our common stock. As a result of these transactions, the total outstanding authorization for share repurchases as of December 31, 2010 was $682 million. We have not repurchased any additional shares of our common stock from January 1, 2011 through February 25, 2011. This stock repurchase program has no expiration date.

Other items

On July 22, 2010, we entered into a First Amended and Restated National Service Provider Agreement, or the Agreement, with NxStage Medical Inc., or NxStage. The Agreement supersedes the National Service Provider Agreement that we entered into with NxStage on February 7, 2007. Under terms of the Agreement, we will have the ability to continue to purchase NxStage System One hemodialysis machines and related supplies at discounted prices. In addition, under the Agreement, we may earn warrants to purchase NxStage common stock subject to certain requirements, including our ability to achieve certain System One home patient growth targets. The Agreement provides for a range of warrant amounts that may be earned annually depending upon the achievement of various home patient targets. The maximum amount of shares underlying warrants that we can earn over three years is 5.5 million. The exercise price of the warrants is $14.22 per share. In connection

 

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therewith, we entered into a Registration Rights Agreement whereby NxStage has agreed to register any shares issued to us under the warrants. The Agreement expires on June 30, 2013, and will be automatically extended on a monthly basis unless terminated by either party pursuant to the Agreement.

In July 2010, we announced that we will construct a new corporate headquarters in Denver, Colorado. In July 2010, we acquired the land and existing improvements for approximately $12 million. Effective December 18, 2010, we entered into a construction agreement for the construction of the new building. We currently estimate the total construction costs and other project costs of the building will be approximately $95 million. Construction is expected to begin in early 2011, and is estimated to be complete in the second half of 2012. In 2010, we paid architecture and other design costs totaling approximately $5 million.

Stock-based compensation

Stock-based compensation recognized in a period represents the straight-line amortization during that period of the estimated grant-date fair value of stock-based awards over their vesting terms, adjusted for expected forfeitures. Shares issued upon exercise of stock awards are generally issued from shares in treasury. We have utilized the Black-Scholes-Merton valuation model for estimating the grant date fair value of stock options and stock-settled stock appreciation rights granted in all prior periods. During 2010, we granted 2,037,294 stock-settled stock appreciation rights with a grant-date fair value of $32.3 million and a weighted-average expected life of approximately 3.5 years, and also granted 467,962 stock units with a grant-date fair value of $29.4 million and a weighted-average expected life of approximately 2.5 years.

For the years ended December 31, 2010 and 2009, we recognized $45.6 million and $44.4 million, respectively, in stock-based compensation expense for stock-settled stock appreciation rights, stock options, stock units and discounted employee stock plan purchases, which is primarily included in general and administrative expenses. The estimated tax benefits recorded for this stock-based compensation in 2010 and 2009 were $17.3 million and $16.8 million, respectively. As of December 31, 2010, there was $83.1 million of total estimated unrecognized compensation cost related to nonvested stock-based compensation arrangements under our equity compensation and stock purchase plans. We expect to recognize this cost over a weighted average remaining period of 1.4 years.

During the years ended December 31, 2010 and 2009, we received $48.7 million and $63.7 million, respectively, in cash proceeds from stock option exercises and $26.7 million and $18.2 million, respectively, in total actual tax benefits upon the exercise of stock awards.

2009 capital structure changes

Term Loan A

During 2009, we made mandatory principal payments totaling $61.3 million on our previous Term Loan A. As a result of these principal payments, the outstanding balance on Term Loan A as of December 31, 2009 was $153.1 million and bore interest at LIBOR plus a margin of 1.50%, for an overall weighted average effective rate of 1.74%. The interest rate margin was subject to adjustment depending upon certain financial conditions and could range from 1.50% to 2.25%.

Term Loan B

As of December 31, 2009, the outstanding balance of our Term Loan B was $1.7 billion and bore interest at LIBOR plus a margin of 1.50% for an overall weighted average effective rate of 2.66%, including the impact of our swap agreements that were in effect. We did not make any principal payments on Term Loan B during 2009, nor were we required to.

 

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Senior and Senior Subordinated Notes

Our senior and senior subordinated notes, as of December 31, 2009, consisted of $900 million of 6 5/8% senior notes due 2013 and $850 million of 7 1/4% senior subordinated notes due 2015. The notes were guaranteed by substantially all of our direct and indirect wholly-owned subsidiaries and require semi-annual interest payments in March and September. We could redeem some or all of the senior notes at any time on or after March 15, 2009 and some or all of the senior subordinated notes at any time on or after March 15, 2010.

All of the outstanding balances under the Term Loan A, Term Loan B and the senior and senior subordinated notes were extinguished as part of our debt refinancing transactions that occurred on October 20, 2010, as described above.

Stock repurchases

During 2009, we repurchased a total of 2,902,619 shares of our common stock for $153.5 million, or an average price of $52.88 per share, pursuant to previously announced authorizations by the Board of Directors. On November 3, 2009, we announced that our Board of Directors authorized an increase of an additional $500 million of share repurchases of our common stock. As a result of these transactions the total outstanding authorization for share repurchases as of December 31, 2009 was $500 million. This stock repurchase program had no expiration date.

Interest rate swaps

As of December 31, 2009, we maintained a total of eight interest rate swap agreements with amortizing notional amounts totaling $389 million. These agreements had the economic effect of modifying the LIBOR variable component of our interest rate on an equivalent amount of our debt to fixed rates ranging from 3.88% to 4.70%, resulting in an overall weighted average effective interest rate of 5.78% on the hedged portion of our Senior Secured Credit Facilities, including the Term Loan B margin of 1.50%. The swap agreements expired on September 30, 2010. During 2009, we accrued net cash obligations of approximately $17.3 million from these swaps, which were included in debt expense.

As of December 31, 2009, the interest rates were economically fixed on approximately 21% of our variable rate debt and approximately 59% of our total debt.

As a result of the swap agreements our overall weighted average effective interest rate on our Senior Secured Credit Facilities was 2.63%, based upon the current margins in effect of 1.50%, as of December 31, 2009.

Our overall weighted average effective interest rate in 2009 was 4.86% and as of December 31, 2009 was 4.68%.

Off-balance sheet arrangements and aggregate contractual obligations

In addition to the debt obligations reflected on our balance sheet, we have commitments associated with operating leases and letters of credit as well as potential obligations associated with our equity investments in nonconsolidated businesses and to dialysis centers that are wholly-owned by third parties. Substantially all of our facilities are leased. We have potential acquisition obligations for several joint ventures and for some of our non-wholly-owned subsidiaries in the form of put provisions. If these put provisions were exercised, we would be required to purchase the third-party owners’ noncontrolling interests at either the appraised fair market value or a predetermined multiple of earnings or cash flow attributable to the noncontrolling interests put to us, which is intended to approximate fair value. For additional information see Note 22 to the consolidated financial statements.

 

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We also have potential cash commitments to provide operating capital advances as needed to several other dialysis centers that are wholly-owned by third parties or centers in which we own an equity investment, as well as to physician–owned vascular access clinics that we operate under management and administrative services agreements.

The following is a summary of these contractual obligations and commitments as of December 31, 2010 (in millions):

 

     Less Than
1 year
     2-3
years
     4-5
years
     After
5 years
     Total  

Scheduled payments under contractual obligations:

              

Long-term debt

   $ 74       $ 186       $ 835       $ 3,214       $ 4,309   

Interest payments

     104         202         202         379         887   

Interest payments on the Term Loan B(1)

     96         157         153         61         467   

Capital lease obligations

     1         2         1         4         8   

Operating leases

     232         403         326         555         1,516   

Construction of the new corporate headquarters

     60         30         —           —           90   
                                            
   $ 567       $ 980       $ 1,517       $ 4,213       $ 7,277   
                                            

Potential cash requirements under existing commitments:

              

Letters of credit

   $ 46       $ —         $ —         $ —         $ 46   

Noncontrolling interests subject to put provisions

     225         67         48         43         383   

Operating capital advances

     2         —           —           —           2   
                                            
   $ 273       $ 67       $ 48       $ 43       $ 431   
                                            

 

(1) Assuming no changes to LIBOR-based interest rates as the Term Loan B currently bears interest at LIBOR (floor of 1.50%) plus an interest rate margin of 3.00%.

Not included above are interest payments related to our Term Loan A. The Term Loan A currently bears interest at LIBOR plus a margin of 2.75%, for an overall weighted average effective interest rate of 3.02% as of December 31, 2010. The interest rate margin is subject to an adjustment depending upon our achievement of certain financial ratios and can range from 2.25% to 2.75%. Interest payments are due at the maturity of specific debt tranches within each Term Loan, currently monthly, which can range in maturity from one month to twelve months. Future interest payments will depend upon the amount of mandatory principal payments and principal prepayments, as well as changes in the LIBOR-based interest rates and changes in the interest rate margins. Assuming no principal prepayments on our Term Loan A during 2011 and no changes in the effective interest rate, including the interest rate margin, approximately $30 million of interest would be required to be paid in 2011 related to the Term Loan A.

In addition to the above commitments, we are obligated to purchase a certain amount of our hemodialysis products and supplies at fixed prices through 2015 from Gambro Renal Products, Inc. in connection with the Product Supply Agreement. Our total expenditures for the years ended December 31, 2010 and 2009 on such products were approximately 2% of our total operating costs in each year. In January 2010, we entered into an agreement with Fresenius which committed us to purchase a certain amount of dialysis equipment, parts and supplies from them through 2013. Our total expenditures for the year ended December 31, 2010 on such products were approximately 2% of our total operating costs.

The actual amount of purchases in future years from Gambro Renal Products and Fresenius will depend upon a number of factors, including the operating requirements of our centers, the number of centers we acquire, growth of our existing centers, and in the case of the Product Supply Agreement, Gambro Renal Products’ ability to meet our needs.

 

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Settlements of approximately $11 million of existing income tax liabilities for unrecognized tax benefits are excluded from the above table as reasonably reliable estimates of their timing cannot be made.

Contingencies

The information in Note 16 to the consolidated financial statements of this report is incorporated by reference in response to this item.

Critical accounting estimates and judgments

Our consolidated financial statements and accompanying notes are prepared in accordance with United States generally accepted accounting principles. These accounting principles require us to make estimates, judgments and assumptions that affect the reported amounts of revenues, expenses, assets, liabilities, and contingencies. All significant estimates, judgments and assumptions are developed based on the best information available to us at the time made and are regularly reviewed and updated when necessary. Actual results will generally differ from these estimates. Changes in estimates are reflected in our financial statements in the period of change based upon on-going actual experience trends, or subsequent settlements and realizations depending on the nature and predictability of the estimates and contingencies. Interim changes in estimates are applied prospectively within annual periods. Certain accounting estimates, including those concerning revenue recognition and accounts receivable, impairments of long-lived assets, accounting for income taxes, quarterly variable compensation accruals, purchase accounting valuation estimates, fair value estimates and stock-based compensation are considered to be critical to evaluating and understanding our financial results because they involve inherently uncertain matters and their application requires the most difficult and complex judgments and estimates.

Revenue recognition and accounts receivable.    There are significant estimating risks associated with the amount of revenue that we recognize in a given reporting period. Payment rates are often subject to significant uncertainties related to wide variations in the coverage terms of the commercial healthcare plans under which we receive payments. In addition, ongoing insurance coverage changes, geographic coverage differences, differing interpretations of contract coverage, and other payor issues complicate the billing and collection process. Net revenue recognition and allowances for uncollectible billings require the use of estimates of the amounts that will ultimately be realized considering, among other items, retroactive adjustments that may be associated with regulatory reviews, audits, billing reviews and other matters.

Revenues associated with Medicare and Medicaid programs are recognized based on (a) the payment rates that are established by statute or regulation for the portion of the payment rates paid by the government payor (e.g., 80% for Medicare patients) and (b) for the portion not paid by the primary government payor, the estimated amounts that will ultimately be collectible from other government programs paying secondary coverage (e.g., Medicaid secondary coverage), the patient’s commercial health plan secondary coverage, or the patient. Beginning in January 2011, we are also subject to certain variations in our reimbursements from Medicare as we implement Medicare’s new single bundled payment rate system whereby our reimbursements can be adjusted for certain patient characteristics and certain other factors. Our revenue recognition will depend upon our ability to effectively capture, document and bill for Medicare’s base payment rate and these other factors. In addition, as a result of the potential range of variations that can occur in our reimbursements from Medicare under the new single bundled payment rate system, our revenue recognition will be subject to a greater degree of estimating risk.

Commercial healthcare plans, including contracted managed-care payors, are billed at our usual and customary rates; however, revenue is recognized based on estimated net realizable revenue for the services provided. Net realizable revenue is estimated based on contractual terms for the patients under healthcare plans with which we have formal agreements, non-contracted healthcare plan coverage terms if known, estimated secondary collections, historical collection experience, historical trends of refunds and payor payment adjustments (retractions), inefficiencies in our billing and collection processes that can result in denied claims for

 

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payments, slow down in collections, a reduction in the amounts that we expect to collect and regulatory compliance issues. Determining applicable primary and secondary coverage for our more than 125,000 patients at any point in time, together with the changes in patient coverages that occur each month, requires complex, resource-intensive processes. Collections, refunds and payor retractions typically continue to occur for up to three years or longer after services are provided.

We generally expect our range of dialysis and related lab services revenues estimating risk to be within 1% of its revenue, which can represent as much as 6% of consolidated operating income. Changes in estimates are reflected in the then-current financial statements based on on-going actual experience trends, or subsequent settlements and realizations depending on the nature and predictability of the estimates and contingencies. Changes in revenue estimates for prior periods are separately disclosed and reported if material to the current reporting period and longer term trend analyses, and have not been significant.

Lab service revenues for current period dates of services are recognized at the estimated net realizable amounts to be received.

Impairments of long-lived assets.    We account for impairments of long-lived assets, which include property and equipment, equity investments in non-consolidated businesses, amortizable intangible assets with finite useful lives and goodwill, in accordance with the provisions of applicable accounting guidance. Impairment reviews are performed at least annually and whenever a change in condition occurs which indicates that the carrying amounts of assets may not be recoverable.

Such changes include changes in our business strategies and plans, changes in the quality or structure of our relationships with our partners and deteriorating operating performance of individual dialysis centers or other operations. We use a variety of factors to assess the realizable value of assets depending on their nature and use. Such assessments are primarily based upon the sum of expected future undiscounted net cash flows over the expected period the asset will be utilized, as well as market values and conditions. The computation of expected future undiscounted net cash flows can be complex and involves a number of subjective assumptions. Any changes in these factors or assumptions could impact the assessed value of an asset and result in an impairment charge equal to the amount by which its carrying value exceeds its actual or estimated fair value.

Accounting for income taxes.    We estimate our income tax provision to recognize our tax expense for the current year, and our deferred tax liabilities and assets for future tax consequences of events that have been recognized in our financial statements, measured using enacted tax rates and laws expected to apply in the periods when the deferred tax liabilities or assets are expected to be realized. We are required to assess our tax positions on a more-likely-than-not criteria and to also determine the actual amount of benefit to recognize in the financial statements. Deferred tax assets are assessed based upon the likelihood of recoverability from future taxable income and, to the extent that recovery is not likely, a valuation allowance is established. The allowance is regularly reviewed and updated for changes in circumstances that would cause a change in judgment about the realizability of the related deferred tax assets. These calculations and assessments involve complex estimates and judgments because the ultimate tax outcome can be uncertain and future events unpredictable.

Variable compensation accruals.    We estimate variable compensation accruals quarterly based upon the annual amounts expected to be earned and paid out resulting from the achievement of certain teammate-specific and/or corporate financial and operating goals. Our estimates, which include compensation incentives for bonuses, and other awards, are updated periodically based on changes in our economic condition or cash flows that could ultimately impact the actual final award. Actual results reflected in each fiscal quarter may vary due to the subjectivity involved in anticipating fulfillment of specific and/or corporate goals, as well as the final determination and approval of amounts by our Board of Directors.

Purchase accounting valuation estimates.    We make various assumptions and estimates regarding the valuation of tangible and intangible assets, liabilities and contractual as well as non-contractual contingencies

 

59


associated with our acquisitions. These assumptions can have a material effect on our balance sheet valuations and the related amount of depreciation and amortization expense that will be recognized in the future.

Fair value estimates.    We have recorded certain assets, liabilities and noncontrolling interests subject to put provisions at fair value. The FASB defines fair value which is measured based upon certain valuation techniques that include inputs and assumptions that market participants would use in pricing assets, liabilities and noncontrolling interests subject to put provisions. We have measured the fair values of our applicable assets, liabilities and noncontrolling interests subject to put provisions based upon certain market inputs and assumptions that are either observable or unobservable in determining fair values and have also classified these assets, liabilities and noncontrolling interests subject to put provisions into the appropriate fair value hierarchy levels. The fair value of our investments available for sale are based upon quoted market prices from active markets and the fair value of our swap agreements were based upon valuation models and a variety of techniques as reported by various broker dealers that were based upon relevant observable market inputs such as current interest rates, forward yield curves, and other credit and liquidity market conditions. For our noncontrolling interests subject to put provisions we have estimated the fair values of these based upon either the higher of a liquidation value of net assets or an average multiple of earnings based on historical earnings, patient mix and other performance indicators, as well as other factors. During the second quarter of 2010, we refined the methodology used to estimate the fair value of noncontrolling interests subject to put provisions by eliminating an annual inflation factor that was previously applied to the put provisions until they became exercisable. We believe that eliminating an annual inflation factor will result in a better representation of the estimated actual fair value of the noncontrolling interests subject to put provisions. The estimate of the fair values of the noncontrolling interests subject to put provisions involves significant judgments and assumptions and may not be indicative of the actual values at which the noncontrolling interests may ultimately be settled, which could vary significantly from our current estimates. The estimated fair values of the noncontrolling interests subject to put provisions can also fluctuate and the implicit multiple of earnings at which these noncontrolling interests obligations may be settled will vary depending upon market conditions including potential purchasers’ access to the capital markets, which can impact the level of competition for dialysis and non-dialysis related businesses, the economic performance of these businesses and the restricted marketability of the third-party owners’ noncontrolling interests.

Stock-based compensation.    Stock-based compensation recognized in a period represents the straight-line amortization during that period of the estimated grant-date fair value of stock-based awards over their vesting terms, adjusted for expected forfeitures. We estimate the grant-date fair value of stock awards using complex option pricing models that rely heavily on estimates from us about uncertain future events, including the expected term of the awards, the expected future volatility of our stock price, and expected future risk-free interest rates.

Significant new accounting standards

In August 2010, the FASB issued transition guidance for healthcare entities for measuring charity care that was effective for fiscal years beginning after December 15, 2010. Charity care is defined as healthcare services that are provided but are not expected to result in cash flows where the patients have demonstrated the inability to pay. The guidance requires management to disclose their policy on providing charity care, the level of charity care provided, the measurement of the direct and indirect costs of providing those services, and the amount of any subsidies received for providing charity care. Management can also estimate the costs of those services using reasonable techniques. The guidance shall be applied retrospectively. The adoption of this standard will not have a material impact on our consolidated financial statements.

Effective January 1, 2010, the FASB eliminated the quantitative approach previously required for determining the primary beneficiary of a variable interest entity, and required additional disclosures about an enterprise’s involvement in variable interest entities. An entity is required to perform an analysis to determine whether the enterprise’s variable interest or interests give it a controlling financial interest in a variable interest entity by having both the power to direct the activities of a variable interest entity that most significantly impact

 

60


the entity’s economic performance and the obligation to absorb losses of the entity, or the right to receive benefits from the entity. In addition, the FASB established new guidance for determining whether an entity is a variable interest entity, requiring an ongoing reassessment of whether an enterprise is the primary beneficiary of a variable interest entity, and adding an additional reconsideration event for determining whether an entity is a variable interest entity when any changes in facts and circumstances occur such that the holders of the equity investment at risk, as a group, lose the power from voting rights or similar rights of those investments to direct the activities of the entity that most significantly impact the entity’s economic performance. See Note 20 to the consolidated financial statements for the impact of adopting these new requirements.

Effective December 15, 2009, FASB amended certain fair value disclosure requirements to include additional disclosures related to significant transfers in and out of the various fair value hierarchy levels and to clarify existing disclosures by providing disaggregate levels for each class of assets and liabilities. We are also required to provide additional disclosures on the valuation techniques and inputs used to measure fair value, as well as changes to the valuation techniques and inputs, for both recurring and nonrecurring assets and liabilities carried at fair value. In addition, we are also required to disclose the reason for making changes to our valuation techniques, assumptions and or other unobservable market inputs. Certain other disclosures on reporting the gross activity rather than the net activity for Level 3 fair value measurements is effective for fiscal years beginning after December 31, 2010. See Note 23 to the consolidated financial statements for further discussion. The adoption of this standard will not have a material impact on our consolidated financial statements.

Item 7A.    Quantitative and Qualitative Disclosures about Market Risk.

Interest rate sensitivity

The tables below provide information about our financial instruments that are sensitive to changes in interest rates. For our debt obligations the table presents principal repayments and current weighted average interest rates on our debt obligations as of December 31, 2010. The variable rates presented reflect the weighted average LIBOR rates in effect for all debt tranches plus interest rate margins in effect at the end of 2010. The Term Loan A margin currently in effect is 2.75% and along with the revolving line of credit is subject to adjustment depending upon changes in certain of our financial ratios including a leverage ratio. The Term Loan B currently bears interest at LIBOR (floor of 1.50%) plus an interest rate margin of 3.00% subject to a ratings based step-down to 2.75%.

 

     Expected maturity date      Total      Fair
Value
     Average
interest
rate
 
     2011      2012      2013      2014      2015      Thereafter           
     (dollars in millions)                       

Long-term debt:

                          

Fixed rate

   $ 19       $ 19       $ 19       $ 18       $ 18       $ 3,218       $ 3,311       $ 3,305         5.49

Variable rate

   $ 56       $ 50       $ 100       $ 150       $ 650       $ —         $ 1,006       $ 1,008         3.11

Our Senior Secured Credit Facilities, which include the Term Loan A and the Term Loan B, consist of various individual tranches that can range in maturity from one month to twelve months (currently monthly). For the Term Loan A each specific tranche would bear interest at a LIBOR rate that is determined by the maturity of that specific tranche plus an interest rate margin. The LIBOR variable component of the interest rate is reset as each specific tranche matures and a new tranche is re-established and can fluctuate significantly depending upon market conditions including the credit and capital markets. In January 2011, we entered into several interest rate swap agreements that have the economic effect of fixing all of the Term Loan A LIBOR variable component of our interest rate, as described below. Our Term Loan B is currently effectively fixed since the LIBOR variable component of our interest rate is set at a LIBOR floor of 1.50%. We have included it in the fixed rate totals in the table above until such time as the LIBOR-based component of our interest rate exceeds 1.50%. We will then be subject to LIBOR-based interest rate volatility on the LIBOR variable component of our interest rate, but only up to 4.00% on $1.25 billion of outstanding principal debt on the Term Loan B, as described below. The remaining $500 million of outstanding debt on the Term Loan B is subject to LIBOR-based interest rate volatility above a floor of 1.50%.

 

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In January 2011, we entered into nine interest rate swap agreements with amortizing notional amounts totaling $1.0 billion that went effective on January 31, 2011. These agreements have the economic effect of modifying the LIBOR variable component of our interest rate on an equivalent amount of our Term Loan A debt to fixed rates ranging from 1.59% to 1.64%, resulting in an overall weighted average effective interest rate of 4.36% including the Term Loan A margin of 2.75%. The swap agreements expire on September 30, 2014 and require monthly interest payments.

In addition, in January 2011, we also entered into five interest rate cap agreements with notional amounts totaling $1.25 billion that went effective on January 31, 2011. These agreements have the economic effect of capping the LIBOR variable component of our interest rate at a maximum of 4.00% on an equivalent amount of our Term Loan B debt. The cap agreements expire on September 30, 2014.

Our previous interest rate swap agreements expired on September 30, 2010. The agreements that were effective during 2010 had the economic effect of modifying the LIBOR variable component of our interest rate on an equivalent amount of our debt to fixed rates ranging from 4.05% to 4.70%, resulting in an overall weighted average effective interest rate of 5.84% on the hedged portion of our Senior Secured Credit Facilities, including the Term Loan B margin of 1.50%. During 2010, we accrued net cash obligations of $9.1 million from these swaps, which are included in debt expense.

As of December 31, 2010, the interest rates were fixed on approximately 77% of our total debt.

Our overall weighted average effective interest rate on the Senior Secured Credit Facilities was 4.05%, based upon the current margins in effect of 2.75% for the Term Loan A and 3.00% for the Term Loan B, as of December 31, 2010.

Our overall weighted average effective interest rate in 2010 was 4.68% and as of December 31, 2010 was 4.94%.

One means of assessing exposure to debt-related interest rate changes is a duration-based analysis that measures the potential loss in net income resulting from a hypothetical increase in interest rates of 100 basis points across all variable rate maturities (referred to as a “parallel shift in the yield curve”). Under this model, with all else constant, it is estimated that such an increase would have reduced net income by approximately $11.1 million, $8.5 million, and $7.1 million, net of tax, for the years ended December 31, 2010, 2009, and 2008, respectively.

Exchange rate sensitivity

We are currently not exposed to any significant foreign currency exchange rate risk.

Item 8.    Financial Statements and Supplementary Data.

See the Index to Financial Statements and Index to Financial Statement Schedules included at “Item 15. Exhibits, Financial Statement Schedules.”

Item 9.    Changes in and Disagreements with Accountants on Accounting and Financial Disclosure.

None.

 

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Item 9A.    Controls and Procedures.

Management has established and maintains disclosure controls and procedures designed to ensure that information required to be disclosed in the reports that it files or submits pursuant to the Securities Exchange Act of 1934, as amended, or Exchange Act, is recorded, processed, summarized and reported within the time periods specified in the Securities and Exchange Commission’s rules and forms, and that such information is accumulated and communicated to our management including our Chief Executive Officer and Chief Financial Officer as appropriate to allow for timely decisions regarding required disclosures.

At the end of the period covered by this report, we carried out an evaluation, under the supervision and with the participation of our Chief Executive Officer and Chief Financial Officer, of the effectiveness of the design and operation of our disclosure controls and procedures in accordance with the Exchange Act requirements. Based upon that evaluation, the Chief Executive Officer and Chief Financial Officer concluded that our disclosure controls and procedures are effective for timely identification and review of material information required to be included in our Exchange Act reports, including this report on Form 10-K. Management recognizes that these controls and procedures can provide only reasonable assurance of desired outcomes, and that estimates and judgments are still inherent in the process of maintaining effective controls and procedures.

There has not been any change in our internal control over financial reporting that was identified during the evaluation that occurred during the fourth fiscal quarter and that has materially affected, or is reasonably likely to materially affect, our internal control over financial reporting.

Item 9B.    Other Information.

None.

 

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PART III

Item 10.    Directors, Executive Officers and Corporate Governance.

In 2002, we adopted a Corporate Governance Code of Ethics that applies to our principal executive officer, principal financial officer, principal accounting officer or controller, and to all of our financial accounting and legal professionals who are directly or indirectly involved in the preparation, reporting and fair presentation of our financial statements and Exchange Act Reports. The Code of Ethics is posted on our website, located at http://www.davita.com. We also maintain a Corporate Code of Conduct that applies to all of our employees, which is posted on our website.

Under our Corporate Governance Guidelines all Board Committees including the Audit Committee, Nominating and Governance Committee and the Compensation Committee, which are comprised solely of independent directors as defined within the listing standards of the New York Stock Exchange, have written charters that outline the committee’s purpose, goals, membership requirements and responsibilities. These charters are regularly reviewed and updated as necessary by our Board of Directors. All Board Committee charters as well as the Corporate Governance Guidelines are posted on our website located at http://www.davita.com.

The other information required to be disclosed by this item will appear in, and is incorporated by reference from, the sections entitled “Proposal No. 1. Election of Directors”, “Corporate Governance”, and “Security Ownership of Certain Beneficial Owners and Management” included in our definitive proxy statement relating to our 2011 annual stockholder meeting.

Item 11.    Executive Compensation.

The information required by this item will appear in, and is incorporated by reference from, the sections entitled “Executive Compensation” and “Compensation Committee Interlocks and Insider Participations” included in our definitive proxy statement relating to our 2011 annual stockholder meeting. The information required by Item 407(e)(5) of Regulation S-K will appear in and is incorporated by reference from the section entitled “Compensation Committee Report” included in our definitive proxy statement relating to our 2011 annual stockholder meeting; however, this information shall not be deemed to be “filed”.

 

Item 12. Security Ownership of Certain Beneficial Owners and Management and Related Stockholder Matters.

The following table provides information about our common stock that may be issued upon the exercise of stock options, stock-settled stock appreciation rights, restricted stock units and other rights under all of our existing equity compensation plans as of December 31, 2010, including our omnibus 2002 Equity Compensation Plan and our Employee Stock Purchase Plan, and the terminated 1999 Non-Executive Officer and Non-Director Equity Compensation Plan. The material terms of these plans are described in Note 17 to the Consolidated Financial Statements. The 1999 Non-Executive Officer and Non-Director Equity Compensation Plan was not required to be approved by our shareholders.

 

Plan category

  Number of shares to be
issued upon exercise of
outstanding options,
warrants and rights
    Weighted average
exercise price of
outstanding options,
warrants and rights
    Number of shares
remaining available for
future issuance
under equity compensation
plans (excluding securities
reflected in column (a))
    Total of shares
reflected in
columns
(a) and (c)
 
    (a)     (b)     (c)     (d)  

Equity compensation plans approved by shareholders

    11,597,916      $ 49.74        11,787,674        23,385,590   

Equity compensation plans not requiring shareholder approval

    1,000      $ 54.58        —          1,000   
                               

Total

    11,598,916      $ 49.74        11,787,674        23,386,590   
                               

 

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Other information required to be disclosed by Item 12 will appear in, and is incorporated by reference from, the section entitled “Security Ownership of Certain Beneficial Owners and Management” included in our definitive proxy statement relating to our 2011 annual stockholder meeting.

Item 13.    Certain Relationships and Related Transactions and Director Independence.

The information required by this item will appear in, and is incorporated by reference from, the section entitled “Certain Relationships and Related Transactions” and the section entitled “Corporate Governance” included in our definitive proxy statement relating to our 2011 annual stockholder meeting.

Item 14.    Principal Accounting Fees and Services.

The information required by this item will appear in, and is incorporated by reference from, the section entitled “Ratification of Appointment of Independent Registered Public Accounting Firm” included in our definitive proxy statement relating to our 2011 annual stockholder meeting.

 

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PART IV

Item 15.    Exhibits, Financial Statement Schedules.

(a) Documents filed as part of this Report:

(1)  Index to Financial Statements:

 

     Page

Management’s Report on Internal Control Over Financial Reporting

   F-1

Report of Independent Registered Public Accounting Firm

   F-2

Report of Independent Registered Public Accounting Firm

   F-3

Consolidated Statements of Income for the years ended December 31, 2010, 2009, and 2008

   F-4

Consolidated Balance Sheets as of December 31, 2010, and 2009

   F-5

Consolidated Statements of Cash Flow for the years ended December 31, 2010, 2009, and 2008

   F-6

Consolidated Statements of Equity and Comprehensive Income for the years ended December  31, 2010, 2009, and 2008

  

F-7

Notes to Consolidated Financial Statements

   F-9

(2)  Index to Financial Statement Schedules:

  

Report of Independent Registered Public Accounting Firm

   S-1

Schedule II—Valuation and Qualifying Accounts

   S-2

(1)  Exhibits:

 

   2.1    

Stock Purchase Agreement dated as of December 6, 2004, among Gambro AB, Gambro, Inc. and DaVita Inc.(9)

  2.2    

Amended and Restated Asset Purchase Agreement effective as of July 28, 2005, by and among DaVita Inc., Gambro Healthcare, Inc. and Renal Advantage Inc., a Delaware corporation, formerly known as RenalAmerica, Inc.(12)

  3.1    

Amended and Restated Certificate of Incorporation of Total Renal Care Holdings, Inc., or TRCH, dated December 4, 1995.(1)

  3.2    

Certificate of Amendment of Certificate of Incorporation of TRCH, dated February 26, 1998.(2)

  3.3    

Certificate of Amendment of Certificate of Incorporation of DaVita Inc. (formerly Total Renal Care Holdings, Inc.), dated October 5, 2000.(4)

  3.4    

Certificate of Amendment of Amended and Restated Certificate of Incorporation of DaVita Inc., as amended dated May 30, 2007.(23)

  3.5    

Amended and Restated Bylaws for DaVita Inc. dated as of March 2, 2007.(25)

  4.1    

Indenture for the 6 5/8% Senior Notes due 2013 dated as of March 22, 2005.(3)

  4.2    

Indenture for the 7 1/4% Senior Subordinated Notes due 2015 dated as of March 22, 2005.(3)

 

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   4.3    

First Supplemental Indenture, dated October 5, 2005, by and among DaVita Inc., the Guarantors, the persons named as Additional Guarantors and The Bank of New York Trust Company, N.A., as Trustee.(11)

  4.4    

First Supplemental Indenture, dated October 5, 2005, by and among DaVita Inc., the Guarantors, the persons named as Additional Guarantors and The Bank of New York Trust Company, N.A., as Trustee.(13)

  4.5    

Rights Agreement, dated as of November 14, 2002, between DaVita Inc. and the Bank of New York, as Rights Agent.(21)

  4.6    

Second Supplemental Indenture (Senior), dated February 9, 2007, by and among DaVita Inc., the Guarantors, the persons named as Additional Guarantors and The Bank of New York Trust Company, N.A., as Trustee.(22)

  4.7    

Second Supplemental Indenture (Senior Subordinated), dated February 9, 2007, by and among DaVita Inc., the Guarantors, the persons named as Additional Guarantors and The Bank of New York Trust Company, N.A., as Trustee.(22)

  4.8    

Registration Rights Agreement for the 6  5/8% Senior Notes due 2013 dated as of February 23, 2007.(26)

  4.9    

Third Supplemental Indenture, dated October 14, 2010, by and among DaVita Inc., the guarantors named therein and The Bank of New York Mellon Trust Company, N.A., as Trustee.(38)

4.10  

Third Supplemental Indenture, dated October 14, 2010, by and among DaVita Inc., the guarantors named therein and The Bank of New York Mellon Trust Company, N.A., as Trustee.(38)

4.11  

Indenture, dated October 20, 2010, by and among DaVita Inc., the guarantors named therein and The Bank of New York Mellon Trust Company, N.A., as Trustee.(39)

4.12  

Indenture, dated October 20, 2010, by and among DaVita Inc., the guarantors named therein and The Bank of New York Mellon Trust Company, N.A., as Trustee.(39)

10.1    

Employment Agreement, dated as of October 19, 2009, by and between DaVita Inc. and Kim M. Rivera.*

10.2    

Employment Agreement, dated as of June 15, 2000, by and between DaVita Inc. and Joseph C. Mello.(6)*

10.3    

Second Amendment to Mr. Mello’s Employment Agreement, effective December 12, 2008.(33)*

10.4    

Employment Agreement, effective as of August 16, 2004, by and between DaVita Inc. and Tom Usilton.(7)*

10.5    

Amendment to Mr. Usilton’s Employment Agreement, dated February 12, 2007.(24)*

10.6    

Second Amendment to Mr. Usilton’s Employment Agreement, effective December 12, 2008.(32)*

10.7    

Employment Agreement, effective as of November 18, 2004, by and between DaVita Inc. and Joseph Schohl.(14)*

10.8    

Amendment to Mr. Schohl’s Employment Agreement, effective December 30, 2008.(32)*

10.9    

Employment Agreement, dated as of October 31, 2005, effective October 24, 2005, by and between DaVita Inc. and Dennis Kogod.(13)*

10.10  

Amendment to Mr. Kogod’s Employment Agreement, effective December 12, 2008.(32)*

10.11  

Employment Agreement, effective September 22, 2005, by and between DaVita Inc. and James Hilger.(15)*

10.12  

Amendment to Mr. Hilger’s Employment Agreement, effective December 12, 2008.(32)*

10.13  

Employment Agreement effective February 13, 2008, by and between DaVita Inc. and Richard K. Whitney.(28)*

 

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10.14  

Amendment to Equity Award Agreement, entered into on December 11, 2009, between DaVita Inc. and Richard K. Whitney.*

10.15  

Amendment to Stock Appreciation Rights Agreements, effective November 2008, by and between DaVita Inc. and Richard K. Whitney.(36)*

10.16  

Employment Agreement, effective July 25, 2008, between DaVita Inc. and Kent J. Thiry.(29)*

10.17  

Employment Agreement, effective August 1, 2008, between DaVita Inc. and Allen Nissenson.(30)*

10.18  

Employment Agreement, effective March 3, 2008, between DaVita Inc. and David Shapiro.(32)*

10.19  

Amendment to Mr. Shapiro’s Employment Agreement, effective December 4, 2008.(32)*

10.20  

Employment Agreement, effective March 17, 2010, by and between DaVita Inc. and Javier Rodriguez.(35)*

10.21  

Employment Agreement, effective February 26, 2010, by and between DaVita Inc. and Luis
Borgen.(36)*

10.22  

Amendment to Mr. Borgen’s Employment Agreement, effective March 18, 2010.(36)*

10.23  

Memorandum Relating to Bonus Structure for Kent J. Thiry.(36)*

10.24  

Memorandum Relating to Bonus Structure for Dennis L. Kogod.(36)*

10.25  

Memorandum Relating to Bonus Structure for Thomas O. Usilton, Jr.(36)*

10.26  

Form of Indemnity Agreement.(20)*

10.27  

Form of Indemnity Agreement.(14)*

10.28  

Executive Incentive Plan (as Amended and Restated effective January 1, 2009).(34)*

10.29  

Executive Retirement Plan.(32)*

10.30  

Post-Retirement Deferred Compensation Arrangement.(14)*

10.31  

Amendment No. 1 to Post Retirement Deferred Compensation Arrangement.(32)*

10.32  

DaVita Voluntary Deferral Plan.(11)*

10.33  

Deferred Bonus Plan (Prosperity Plan).(31)

10.34  

Amendment No. 1 to Deferred Bonus Plan (Prosperity Plan).(32)*

10.35  

Amended and Restated Employee Stock Purchase Plan.(27)*

10.36  

Severance Plan.(36)*

10.37  

Change in Control Bonus Program.(32)*

10.38  

First Amended and Restated Total Renal Care Holdings, Inc. 1999 Non-Executive Officer and Non-Director Equity Compensation Plan.(5)

10.39  

Non-Management Director Compensation Philosophy and Plan.(28)*

10.40  

Amended and Restated 2002 Equity Compensation Plan.(10)*

10.41  

Amended and Restated 2002 Equity Compensation Plan.(19)*

10.42  

Amended and Restated 2002 Equity Compensation Plan.(27)*

10.43  

Amended and Restated 2002 Equity Compensation Plan.(32)*

10.44  

DaVita Inc. 2002 Equity Compensation Plan.(37)*

10.45  

Form of Non-Qualified Stock Option Agreement—Employee (DaVita Inc. 1999 Non-Executive Officer and Non-Director Equity Compensation Plan.(18)*

10.46  

Form of Non-Qualified Stock Option Agreement—Employee (DaVita Inc. 2002 Equity Compensation Plan).(7)*

 

68


10.47  

Form of Non-Qualified Stock Option Agreement—Employee (DaVita Inc. 2002 Equity Compensation Plan).(16)*

10.48  

Form of Non-Qualified Stock Option Agreement—Employee (DaVita Inc. 2002 Equity Compensation Plan).(18)*

10.49  

Form of Restricted Stock Units Agreement—Employee (DaVita Inc. 2002 Equity Compensation

Plan).(7)*

10.50  

Form of Restricted Stock Units Agreement—Employee (DaVita Inc. 2002 Equity Compensation Plan).(16)*

10.51  

Form of Restricted Stock Units Agreement—Employee (DaVita Inc. 2002 Equity Compensation Plan).(18)*

10.52  

Form of Restricted Stock Units Agreement—Employee (DaVita Inc. 2002 Equity Compensation Plan).(32)*

10.53  

Form of Stock Appreciation Rights Agreement—Employee (DaVita Inc. 2002 Equity Compensation Plan).(16)*

10.54  

Form of Stock Appreciation Rights Agreement—Employee (DaVita Inc. 2002 Equity Compensation Plan).(18)*

10.55  

Form of Stock Appreciation Rights Agreement—Board (DaVita Inc. 2002 Equity Compensation Plan).(30)*

10.56  

Form of Restricted Stock Units Agreement—Board (DaVita Inc. 2002 Equity Compensation Plan).(30)*

10.57  

Form of Non-Qualified Stock Option Agreement—Board (DaVita Inc. 2002 Equity Compensation Plan).(30)*

10.58  

Credit Agreement, dated as of October 5, 2005, among DaVita Inc., the Guarantors party thereto, the Lenders party thereto, Bank of America, N.A., Wachovia Bank, National Association, Bear Stearns Corporate Lending Inc., The Bank of New York, The Bank of Nova Scotia, The Royal Bank of Scotland plc, WestLB AG, New York Branch as Co-Documentation Agents, Credit Suisse, Cayman Islands Branch, as Syndication Agent, JPMorgan Chase Bank, N.A., as Administrative Agent and Collateral Agent, JPMorgan Securities Inc., as Sole Lead Arranger and Bookrunner and Credit Suisse, Cayman Islands Branch, as Co-Arranger.(11)

10.59  

Credit Agreement, dated as of October 5, 2005, as Amended and Restated as of February 23, 2007, by and among DaVita Inc., the Guarantors party thereto, the Lenders party thereto and JPMorgan Chase Bank, N.A.(26)

10.60  

Amendment Agreement, dated February 23, 2007, by and among DaVita Inc., the Guarantors party thereto, the Lenders party thereto and JPMorgan Chase Bank, N.A.(26)

10.61  

Security Agreement, dated as of October 5, 2005, by DaVita Inc., the Guarantors party thereto and JPMorgan Chase Bank, N.A., as Collateral Agent.(11)

10.62  

Credit Agreement, dated as of October 20, 2010, by and among DaVita Inc., the guarantors party thereto, the lenders party thereto, Credit Suisse AG, Barclays Bank PLC, Goldman Sachs Bank USA, Wells Fargo Bank, National Association, Credit Agricole Corporate and Investment Bank, RBC Capital Markets, Scotia Capital (USA) Inc., SunTrust Robinson Humphrey, Inc. and Union Bank, N.A., as Co-Documentation Agents, Bank of America, N.A., as Syndication Agent, JPMorgan Chase Bank, N.A., as Administrative Agent and Collateral Agent, and J.P. Morgan Securities LLC, Banc of America Securities LLC, Credit Suisse Securities (USA) LLC, Barclays Capital, Goldman Sachs Bank USA and Wells Fargo Securities, LLC, as Joint Lead Arrangers and Joint Bookrunners.(39)

10.63  

Corporate Integrity Agreement between the Office of Inspector General of the Department of Health and Human Services and Gambro Healthcare, Inc. effective as of December 1, 2004.(11)

 

69


10.64  

Amended and Restated Alliance and Product Supply Agreement, dated as of August 25, 2006, among Gambro Renal Products, Inc., DaVita Inc. and Gambro AB.(17)**

10.65  

Letter dated March 19, 2007 from Willard W. Brittain, Jr. to Peter T. Grauer, Lead Independent Director of the Company.(22)

10.66  

Dialysis Organization Agreement between DaVita Inc. and Amgen USA Inc. dated December 20, 2007.(31)**

10.67  

Dialysis Organization Agreement between DaVita Inc. and Amgen USA Inc. dated December 17, 2010. ü**

12.1    

Computation of Ratio of Earnings to Fixed Charges.ü

14.1    

DaVita Inc. Corporate Governance Code of Ethics.(8)

21.1    

List of our subsidiaries.ü

23.1    

Consent of KPMG LLP, independent registered public accounting firm.ü

24.1    

Powers of Attorney with respect to DaVita. (Included on Page II-1).

31.1    

Certification of the Chief Executive Officer, dated February 25, 2011, pursuant to Rule 13a-14(a) or 15d-14(a), as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002.ü

31.2    

Certification of the Chief Financial Officer, dated February 25, 2011, pursuant to Rule 13a-14(a) or 15d-14(a), as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002.ü

32.1    

Certification of the Chief Executive Officer, dated February 25, 2011, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.ü

32.2    

Certification of the Chief Financial Officer, dated February 25, 2011, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.ü

101.INS  

XBRL Instance Document.***

101.SCH  

XBRL Taxonomy Extension Schema Document.***

101.CAL  

XBRL Taxonomy Extension Calculation Linkbase Document.***

101.DEF  

XBRL Taxonomy Extension Definition Linkbase Document.***

101.LAB  

XBRL Taxonomy Extension Label Linkbase Document.***

101.PRE  

XBRL Taxonomy Extension Presentation Linkbase Document.***

 

ü Included in this filing.
* Management contract or executive compensation plan or arrangement.
** Portions of this exhibit are subject to a request for confidential treatment and have been redacted and filed separately with the SEC.
*** XBRL information is furnished and not filed as a part of a registration statement or prospectus for purposes of Section 11 or 12 of the Securities and Exchange Act of 1933, is deemed not filed for purposes of Section 18 of the Securities and Exchange Act of 1934, and otherwise is not subject to liability under these sections.
(1) Filed on March 18, 1996 as an exhibit to the Company’s Transitional Report on Form 10-K for the transition period from June 1, 1995 to December 31, 1995.
(2) Filed on March 31, 1998 as an exhibit to the Company’s Annual Report on Form 10-K for the year ended December 31, 1997.
(3) Filed on March 25, 2005 as an exhibit to the Company’s Current Report on Form 8-K.
(4) Filed on March 20, 2001 as an exhibit to the Company’s Annual Report on Form 10-K for the year ended December 31, 2000.
(5) Filed on February 28, 2003 as an exhibit to the Company’s Annual Report on Form 10-K for the year ended December 31, 2002.

 

70


(6) Filed on August 15, 2001 as an exhibit to the Company’s Quarterly Report on Form 10-Q for the quarter ended June 30, 2001.
(7) Filed on November 8, 2004 as an exhibit to the Company’s Quarterly Report on Form 10-Q for the quarter ended September 30, 2004.
(8) Filed on February 27, 2004 as an exhibit to the Company’s Annual Report on Form 10-K for the year ended December 31, 2003.
(9) Filed on December 8, 2004 as an exhibit to the Company’s Current Report on Form 8-K.
(10) Filed on May 4, 2005 as an exhibit to the Company’s Quarterly Report on Form 10-Q for the quarter ended March 31, 2005.
(11) Filed on November 8, 2005 as an exhibit to the Company’s Quarterly Report on Form 10-Q for the quarter ended September 30, 2005.
(12) Filed on October 11, 2005 as an exhibit to the Company’s Current Report on Form 8-K.
(13) Filed on November 4, 2005 as an exhibit to the Company’s Current Report on Form 8-K.
(14) Filed on March 3, 2005 as an exhibit to the Company’s Annual Report on Form 10-K for the year ended December 31, 2004.
(15) Filed on August 7, 2006 as an exhibit to the Company’s Quarterly Report on Form 10-Q for the quarter ending June 30, 2006.
(16) Filed on July 6, 2006 as an exhibit to the Company’s Current Report on Form 8-K.
(17) Filed on November 3, 2006 as an exhibit to the Company’s Quarterly Report on Form 10-Q for the quarter ended September 30, 2006.
(18) Filed on October 18, 2006 as an exhibit to the Company’s Current Report on Form 8-K.
(19) Filed on July 31, 2006 as an exhibit to the Company’s Current Report on Form 8-K.
(20) Filed on December 20, 2006 as an exhibit to the Company’s Current Report on Form 8-K.
(21) Filed on November 19, 2002 as an exhibit to the Company’s Current Report on Form 8-K.
(22) Filed on May 3, 2007 as an exhibit to the Company’s Quarterly Report as Form 10-Q for the quarter ended March 31, 2007.
(23) Filed on August 6, 2007 as an exhibit to the Company’s Quarterly Report on Form 10-Q for the quarter ended June 30, 2007.
(24) Filed on February 16, 2007 as an exhibit to the Company’s Current Report on Form 8-K.
(25) Filed on March 8, 2007 as an exhibit to the Company’s Current Report on Form 8-K.
(26) Filed on February 28, 2007 as an exhibit to the Company’s Current Report on Form 8-K.
(27) Filed on June 4, 2007 as an exhibit to the Company’s Current Report on Form 8-K.
(28) Filed on May 8, 2008 as an exhibit to the Company’s Quarterly Report on Form 10-Q for the quarter ended March 31, 2008.
(29) Filed on July 31, 2008 as an exhibit to the Company’s Current Report on Form 8-K.
(30) Filed on November 6, 2008 as an exhibit to the Company’s Quarterly Report on Form 10-Q for the quarter ended September 30, 2008.
(31) Filed on February 29, 2008 as an exhibit to the Company’s Annual Report on Form 10-K for the year ended December 31, 2007.
(32) Filed on February 27, 2009 as an exhibit to the Company’s Annual Report on Form 10-K for the year ended December 31, 2008
(33) Filed on May 7, 2009 as an exhibit to the Company’s Quarterly Report on Form 10-Q for the quarter ended March 31, 2009.
(34) Filed on June 18, 2009 as an exhibit to the Company’s Current Report on Form 8-K.
(35) Filed on April 14, 2010 as an exhibit to the Company’s Current Report on Form 8-K.
(36) Filed on May 3, 2010 as an exhibit to the Company’s Quarterly Report on Form 10-Q for the quarter ended March 31, 2010.
(37) Filed on April 28, 2010 as Appendix A to the Company’s Definitive Proxy Statement on Schedule 14A.
(38) Filed on October 19, 2010 as an exhibit to the Company’s Current Report on Form 8-K.
(39) Filed on October 21, 2010 as an exhibit to the Company’s Current Report on Form 8-K.

 

71


DAVITA INC.

MANAGEMENT’S REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING

Management is responsible for establishing and maintaining an adequate system of internal control over financial reporting designed to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with U.S. generally accepted accounting principles and which includes those policies and procedures that (1) pertain to the maintenance of records that, in reasonable detail, accurately and fairly reflect the transactions and dispositions of the assets of the Company; (2) provide reasonable assurance that transactions are recorded as necessary to permit preparation of financial statements in accordance with U.S. generally accepted accounting principles, and that receipts and expenditures of the Company are being made only in accordance with authorizations of management and directors of the Company; and (3) provide reasonable assurance regarding prevention or timely detection of unauthorized acquisition, use, or disposition of the Company’s assets that could have a material effect on the financial statements.

During the last fiscal year, the Company conducted an evaluation, under the oversight of the Chief Executive Officer and Chief Financial Officer, of the effectiveness of the design and operation of the Company’s internal control over financial reporting. This evaluation was completed based on the criteria established in the report titled “Internal Control—Integrated Framework” issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO).

Based upon our evaluation under the COSO framework, we have concluded that the Company’s internal control over financial reporting was effective as of December 31, 2010.

The Company’s independent registered public accounting firm, KPMG LLP, has issued an attestation report on the Company’s internal control over financial reporting, which report is included in this Annual Report.

 

F-1


REPORT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

The Board of Directors and Shareholders

DaVita Inc.:

We have audited the accompanying consolidated balance sheets of DaVita Inc. and subsidiaries as of December 31, 2010 and 2009, and the related consolidated statements of income, equity and comprehensive income, and cash flows for each of the years in the three-year period ended December 31, 2010. These consolidated financial statements are the responsibility of the Company’s management. Our responsibility is to express an opinion on these consolidated financial statements based on our audits.

We conducted our audits in accordance with the standards of the Public Company Accounting Oversight Board (United States). Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion.

In our opinion, the consolidated financial statements referred to above present fairly, in all material respects, the financial position of DaVita Inc. and subsidiaries as of December 31, 2010 and 2009, and the results of their operations and their cash flows for each of the years in the three-year period ended December 31, 2010, in conformity with U.S. generally accepted accounting principles.

As discussed in Note 1 to the consolidated financial statements, the Company adopted Financial Accounting Standards Board (FASB) Statement of Financial Accounting Standards No. 160, Noncontrolling Interests in Consolidated Financial Statements (included in FASB ASC Topic 810, Consolidation), on a prospective basis except for the presentation and disclosure requirements which were applied retrospectively for all periods presented effective January 1, 2009.

We also have audited, in accordance with the standards of the Public Company Accounting Oversight Board (United States), DaVita Inc.’s internal control over financial reporting as of December 31, 2010, based on criteria established in Internal Control—Integrated Framework issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO), and our report dated February 25, 2011 expressed an unqualified opinion on the effectiveness of the Company’s internal control over financial reporting.

/s/ KPMG LLP

Seattle, Washington

February 25, 2011

 

F-2


REPORT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

The Board of Directors and Shareholders

DaVita Inc.:

We have audited DaVita Inc.’s internal control over financial reporting as of December 31, 2010, based on criteria established in Internal Control—Integrated Framework issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO). DaVita Inc.’s management is responsible for maintaining effective internal control over financial reporting and for its assessment of the effectiveness of internal control over financial reporting, included in the accompanying “Management’s Report on Internal Control Over Financial Reporting”. Our responsibility is to express an opinion on the Company’s internal control over financial reporting based on our audit.

We conducted our audit in accordance with the standards of the Public Company Accounting Oversight Board (United States). Those standards require that we plan and perform the audit to obtain reasonable assurance about whether effective internal control over financial reporting was maintained in all material respects. Our audit included obtaining an understanding of internal control over financial reporting, assessing the risk that a material weakness exists, and testing and evaluating the design and operating effectiveness of internal control based on the assessed risk. Our audit also included performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion.

A company’s internal control over financial reporting is a process designed to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles. A company’s internal control over financial reporting includes those policies and procedures that (1) pertain to the maintenance of records that, in reasonable detail, accurately and fairly reflect the transactions and dispositions of the assets of the company; (2) provide reasonable assurance that transactions are recorded as necessary to permit preparation of financial statements in accordance with generally accepted accounting principles, and that receipts and expenditures of the company are being made only in accordance with authorizations of management and directors of the company; and (3) provide reasonable assurance regarding prevention or timely detection of unauthorized acquisition, use, or disposition of the company’s assets that could have a material effect on the financial statements.

Because of its inherent limitations, internal control over financial reporting may not prevent or detect misstatements. Also, projections of any evaluation of effectiveness to future periods are subject to the risk that controls may become inadequate because of changes in conditions, or that the degree of compliance with the policies or procedures may deteriorate.

In our opinion, DaVita Inc. maintained, in all material respects, effective internal control over financial reporting as of December 31, 2010, based on criteria established in Internal Control—Integrated Framework issued by COSO.

We also have audited, in accordance with the standards of the Public Company Accounting Oversight Board (United States), the consolidated balance sheets of DaVita Inc. and subsidiaries as of December 31, 2010 and 2009, and the related consolidated statements of income, equity and comprehensive income, and cash flows for each of the years in the three-year period ended December 31, 2010, and our report dated February 25, 2011 expressed an unqualified opinion on those consolidated financial statements.

/s/ KPMG LLP

Seattle, Washington

February 25, 2011

 

F-3


DAVITA INC.

CONSOLIDATED STATEMENTS OF INCOME

(dollars in thousands, except per share data)

 

     Year ended December 31,  
     2010     2009     2008  

Net operating revenues

   $ 6,447,391      $ 6,108,800      $ 5,660,173   

Operating expenses and charges:

      

Patient care costs

     4,474,735        4,248,668        3,920,487   

General and administrative

     579,000        531,531        508,240   

Depreciation and amortization

     234,378        228,986        216,917   

Provision for uncollectible accounts

     171,250        161,786        146,229   

Equity investment income

     (8,999     (2,442     (796
                        

Total operating expenses and charges

     5,450,364        5,168,529        4,791,077   
                        

Operating income

     997,027        940,271        869,096   

Debt expense

     (181,607     (185,755     (224,716

Debt refinancing and redemption charges

     (74,382     —          —     

Other income

     3,420        3,708        12,411   
                        

Income before income taxes

     744,458        758,224        656,791   

Income tax expense

     260,239        278,465        235,471   
                        

Net income

     484,219        479,759        421,320   

Less: Net income attributable to noncontrolling interests

     (78,536     (57,075     (47,160
                        

Net income attributable to DaVita Inc.

   $ 405,683      $ 422,684      $ 374,160   
                        

Earnings per share:

      

Basic earnings per share attributable to DaVita Inc.

   $ 4.00      $ 4.08      $ 3.56   
                        

Diluted earnings per share attributable to DaVita Inc.

   $ 3.94      $ 4.06      $ 3.53   
                        

Weighted average shares for earnings per share:

      

Basic

     101,504,373        103,603,885        105,149,448   
                        

Diluted

     103,059,171        104,167,685        105,939,725   
                        

See notes to consolidated financial statements.

 

F-4


DAVITA INC.

CONSOLIDATED BALANCE SHEETS

(dollars in thousands, except per share data)

 

     December 31,  
     2010     2009  
ASSETS     

Cash and cash equivalents

   $ 860,117      $ 539,459   

Short-term investments

     23,003        26,475   

Accounts receivable, less allowance of $235,629 and $229,317

     1,048,976        1,105,903   

Inventories

     76,008        70,041   

Other receivables

     304,366        263,456   

Other current assets

     43,994        40,234   

Income tax receivable

     40,330        —     

Deferred income taxes

     226,060        256,953   
                

Total current assets

     2,622,854        2,302,521   

Property and equipment, net

     1,170,808        1,104,925   

Amortizable intangibles, net

     162,635        136,732   

Equity investments

     25,918        22,631   

Long-term investments

     8,848        7,616   

Other long-term assets

     32,054        32,615   

Goodwill

     4,091,307        3,951,196   
                
   $ 8,114,424      $ 7,558,236   
                
LIABILITIES AND EQUITY     

Accounts payable

   $ 181,033      $ 176,657   

Other liabilities

     342,943        461,092   

Accrued compensation and benefits

     325,477        286,121   

Current portion of long-term debt

     74,892        100,007   

Income taxes payable

     —          23,064   
                

Total current liabilities

     924,345        1,046,941   

Long-term debt

     4,233,850        3,532,217   

Other long-term liabilities

     89,290        87,692   

Alliance and product supply agreement, net

     25,317        30,647   

Deferred income taxes

     421,436        334,855   
                

Total liabilities

     5,694,238        5,032,352   

Commitments and contingencies

    

Noncontrolling interests subject to put provisions

     383,052        331,725   

Equity:

    

Preferred stock ($0.001 par value, 5,000,000 shares authorized; none issued)

    

Common stock ($0.001 par value, 450,000,000 shares authorized; 134,862,283 shares issued; 96,001,535 and 103,062,698 shares outstanding)

     135        135   

Additional paid-in capital

     620,546        621,685   

Retained earnings

     2,717,817        2,312,134   

Treasury stock, at cost (38,860,748 and 31,799,585 shares)

     (1,360,579     (793,340

Accumulated other comprehensive income (loss)

     503        (5,548
                

Total DaVita Inc. shareholders’ equity

     1,978,422        2,135,066   

Noncontrolling interests not subject to put provisions

     58,712        59,093   
                

Total equity

     2,037,134        2,194,159   
                
   $ 8,114,424      $ 7,558,236   
                

See notes to consolidated financial statements.

 

F-5


DAVITA INC.

CONSOLIDATED STATEMENTS OF CASH FLOW

(dollars in thousands)

 

     Year ended December 31,  
     2010     2009     2008  

Cash flows from operating activities:

      

Net income.

   $ 484,219      $ 479,759      $ 421,320   

Adjustments to reconcile net income to cash provided by operating activities:

      

Depreciation and amortization

     234,378        228,986        216,917   

Stock-based compensation expense

     45,551        44,422        41,235   

Tax benefits from stock award exercises

     26,706        18,241        13,988   

Excess tax benefits from stock award exercises

     (6,283     (6,950     (8,013

Deferred income taxes

     75,399        50,869        94,912   

Equity investment income, net

     (3,298     (204     (796

Loss on disposal of assets and other non-cash charges

     9,585        20,945        27,010   

Debt refinancing and redemption charges

     74,382        —          —     

Changes in operating assets and liabilities, net of effect of acquisitions and divestitures:

      

Accounts receivable

     55,379        (32,313     (149,939

Inventories

     (3,892     15,115        (2,715

Other receivables and other current assets

     (44,719     (35,104     (40,960

Other long-term assets

     901        7,288        (11,929

Accounts payable

     4,228        (104,879     57,422   

Accrued compensation and benefits

     39,588        (9,138     (31,602

Other current liabilities

     (111,444     (43,543     8,871   

Income taxes

     (45,737     44,578        (30,087

Other long-term liabilities

     4,740        (11,362     8,067   
                        

Net cash provided by operating activities

     839,683        666,710        613,701   
                        

Cash flows from investing activities:

      

Additions of property and equipment, net

     (273,602     (274,605     (317,962

Acquisitions

     (188,502     (87,617     (101,959

Proceeds from asset sales

     22,727        7,697        530   

Purchase of investments available-for-sale

     (1,125     (2,062     (2,009

Purchase of investments held-to-maturity

     (56,615     (22,664     (21,048

Proceeds from the sale of investments available-for-sale

     900        16,693        21,291   

Proceeds from maturities of investments held-to-maturity

     59,932        16,380        21,355   

Purchase of equity investments and other assets

     (709     (2,429     (65

Distributions received on equity investments

     361        2,547        908   

Other investment activity

     —          —          1,220   
                        

Net cash used in investing activities

     (436,633     (346,060     (397,739
                        

Cash flows from financing activities:

      

Borrowings

     24,809,258        18,767,592        17,089,018   

Payments on long-term debt

     (24,134,502     (18,828,824     (17,102,569

Debt refinancing costs including tender and call premiums

     (113,810     (42     (130

Purchase of treasury stock

     (618,496     (153,495     (232,715

Distributions to noncontrolling interests

     (83,591     (67,748     (59,357

Stock award exercises and other share issuances, net

     53,760        67,908        40,247   

Excess tax benefits from stock award exercises

     6,283        6,950        8,013   

Contributions from noncontrolling interests

     9,510        13,071        19,074   

Proceeds from sales of additional noncontrolling interests

     3,410        9,375        10,701   

Purchases from noncontrolling interests

     (14,214     (6,859     (24,409
                        

Net cash used in financing activities

     (82,392     (192,072     (252,127
                        

Net increase (decrease) in cash and cash equivalents

     320,658        128,578        (36,165

Cash and cash equivalents at beginning of year

     539,459        410,881        447,046   
                        

Cash and cash equivalents at end of year

   $ 860,117      $ 539,459      $ 410,881   
                        

See notes to consolidated financial statements.

 

F-6


DAVITA INC.

CONSOLIDATED STATEMENTS OF EQUITY

AND

COMPREHENSIVE INCOME

(dollars and shares in thousands)

 

    Non-controlling
interests
subject to put
provisions
          DaVita Inc. Shareholders’ Equity     Non-controlling
interests not
subject to put
provisions
    Comprehensive
income
 
      Common stock     Additional
paid-in
capital
    Retained
earnings
    Treasury stock     Accumulated
other
comprehensive
income (loss)
    Total      
      Shares     Amount         Shares     Amount          

Balance at December 31, 2007

  $ 330,467            134,862      $ 135      $ 479,115      $ 1,515,290        (27,732   $ (487,744   $ (2,511   $ 1,504,285      $ 48,178     

Comprehensive income:

                         

Net income

    30,401                  374,160              374,160        16,759      $ 421,320   

Unrealized losses on interest rate swaps, net of tax

                      (12,947     (12,947       (12,947

Less reclassification of net swap realized losses into net income, net of tax

                      2,590        2,590          2,590   

Unrealized losses on investments, net of tax

                      (1,174     (1,174       (1,174

Less reclassification of net investment realized gains into net income, net of tax

                      (297     (297       (297
                               

Total comprehensive income

                          $ 409,492   
                               

Stock purchase shares issued

              2,981          98        1,730          4,711       

Stock unit shares issued

              (2,670       181        3,544          874       

Stock options and SSARs exercised

              12,278          1,133        23,328          35,606       

Stock-based compensation expense

              41,235                41,235       

Excess tax benefits from stock awards exercised

              8,165                8,165       

Distributions to noncontrolling interests

    (40,016                         (19,341  

Contributions from noncontrolling interests

    7,305                            11,769     

Sales and assumptions of additional noncontrolling interests

    9,389                            4,726     

Purchases from noncontrolling interests

    (2,347                         (2,334  

Changes in fair value of noncontrolling interests

    (43,254             43,254                43,254        —       

Other adjustments to noncontrolling interests

    (548                         (605  

Purchase of treasury stock

                  (4,789     (232,715       (232,715    
                                                                                     

Balance at December 31, 2008

  $ 291,397            134,862      $ 135      $ 584,358      $ 1,889,450        (31,109   $ (691,857   $ (14,339   $ 1,767,747      $ 59,152     

Comprehensive income:

                         

Net income

    38,381                  422,684              422,684        18,694      $ 479,759   

Unrealized losses on interest rate swaps, net of tax

                      (2,578     (2,578       (2,578

Less reclassification of net swap realized losses into net income, net of tax

                      10,542        10,542          10,542   

Unrealized gains on investments, net of tax

                      986        986          986   

Less reclassification of net investment realized gains into net income, net of tax

                      (159     (159       (159
                               

Total comprehensive income

                          $ 488,550   
                               

 

F-7


DAVITA INC.

CONSOLIDATED STATEMENTS OF EQUITY

AND

COMPREHENSIVE INCOME—(Continued)

(dollars and shares in thousands)

 

    Non-controlling
interests
subject to put
provisions
          DaVita Inc. Shareholders’ Equity     Non-controlling
interests not
subject to put
provisions
    Comprehensive
income
 
      Common stock     Additional
paid-in
capital
    Retained
earnings
    Treasury stock     Accumulated
other
comprehensive
income (loss)
    Total      
      Shares     Amount         Shares     Amount          

Stock purchase shares issued

              2,135          107        2,387          4,522       

Stock unit shares issued

              (1,570       69        1,570          —         

Stock options and SSARs exercised

              15,598          2,036        48,055          63,653       

Stock-based compensation expense

              44,422                44,422       

Excess tax benefits from stock awards exercised

              6,150                6,150       

Distributions to noncontrolling interests

    (44,277                         (23,471  

Contributions from noncontrolling interests

    10,502                            2,569     

Sales and assumptions of additional noncontrolling interests

    13,483                (529             (529     4,039     

Purchases from noncontrolling interests

    (2,594             (3,721             (3,721     (544  

Changes in fair value of noncontrolling interests

    24,819                (24,819             (24,819     —       

Other adjustments

    14                (339             (339     (1,346  

Purchase of treasury stock

                  (2,903     (153,495       (153,495    
                                                                                     

Balance at December 31, 2009

  $ 331,725            134,862      $ 135      $ 621,685      $ 2,312,134        (31,800   $ (793,340   $ (5,548   $ 2,135,066      $ 59,093     

Comprehensive income:

                         

Net income

    52,589                  405,683              405,683        25,947      $ 484,219   

Unrealized losses on interest rate swaps, net of tax

                      (134     (134       (134

Less reclassification of net swap realized losses into net income, net of tax

                      5,557        5,557          5,557   

Unrealized gains on investments, net of tax

                      615        615          615   

Less reclassification of net investment realized losses into net income, net of tax

                      13        13          13   
                               

Total comprehensive income

                          $ 490,270   
                               

Stock purchase shares issued

              2,129          86        2,151          4,280       

Stock unit shares issued

              (875       32        875          —         

Stock options and SSARs exercised

              455          1,740        48,231          48,686       

Stock-based compensation expense

              45,551                45,551       

Excess tax benefits from stock awards exercised

              6,283                6,283       

Distributions to noncontrolling interests

    (54,612                         (28,979  

Contributions from noncontrolling interests

    5,439                            4,071     

Sales and assumptions of additional noncontrolling interests

    4,059                (298             (298     2,308     

Purchases from noncontrolling interests

    (4,949             (5,537             (5,537     (3,728  

Impact on fair value due to change in methodology

    (24,571             24,571                24,571       

Changes in fair value of noncontrolling interests

    73,372                (73,372             (73,372    

Other adjustments

              (46             (46    

Purchase of treasury stock

                  (8,919     (618,496       (618,496    
                                                                                     

Balance at December 31, 2010

  $ 383,052            134,862      $ 135      $ 620,546      $ 2,717,817        (38,861   $ (1,360,579   $ 503      $ 1,978,422      $ 58,712     
                                                                                     

See notes to consolidated financial statements.

 

F-8


DAVITA INC.

NOTES TO CONSOLIDATED FINANCIAL STATEMENTS

(dollars in thousands, except per share data)

1.    Organization and summary of significant accounting policies

Organization

DaVita Inc. principally operates kidney dialysis centers and provides related lab services primarily in dialysis centers and in contracted hospitals across the United States. The Company also operates other ancillary services and strategic initiatives which relate primarily to its core business of providing kidney dialysis services. As of December 31, 2010, the Company operated or provided administrative services to 1,612 outpatient dialysis centers located in 42 states and the District of Columbia, serving approximately 125,000 patients. The Company’s dialysis and related lab services business qualifies as a separately reportable segment and all other ancillary services and strategic initiatives have been combined and disclosed in the other segments category.

Basis of presentation

These consolidated financial statements are prepared in accordance with United States generally accepted accounting principles. The financial statements include DaVita and its subsidiaries, partnerships and other entities in which it maintains a 100% or majority voting interest, an other controlling financial interest, or of which it is the primary beneficiary (collectively, the Company). All significant intercompany transactions and balances have been eliminated. Non-marketable equity investments are recorded under the equity or cost method of accounting based upon whether the Company has significant influence over the investee. The Company has evaluated subsequent events through the date these consolidated financial statements were issued, and have included all necessary disclosures.

Use of estimates

The preparation of financial statements in conformity with United States generally accepted accounting principles requires the use of estimates and assumptions that affect the reported amounts of revenues, expenses, assets, liabilities, contingencies and temporary equity. Although actual results in subsequent periods will differ from these estimates, such estimates are developed based on the best information available to management and management’s best judgments at the time made. All significant assumptions and estimates underlying the amounts reported in the financial statements and accompanying notes are regularly reviewed and updated. Changes in estimates are reflected in the financial statements based upon on-going actual experience trends, or subsequent settlements and realizations depending on the nature and predictability of the estimates and contingencies. Interim changes in estimates related to annual operating costs are applied prospectively within annual periods.

The most significant assumptions and estimates underlying these financial statements and accompanying notes involve revenue recognition and provisions for uncollectible accounts, impairments and valuation adjustments, accounting for income taxes, quarterly variable compensation accruals, purchase accounting valuation estimates, fair value estimates and stock-based compensation. Specific estimating risks and contingencies are further addressed within these notes to the consolidated financial statements.

Net operating revenues and accounts receivable

Revenues associated with Medicare and Medicaid programs are recognized based on: (a) the payment rates that are established by statute or regulation for the portion of the payment rates paid by the government payor (e.g., 80% for Medicare patients) and (b) for the portion not paid by the primary government payor, estimates of the amounts ultimately collectible from other government programs paying secondary coverage (e.g., Medicaid

 

F-9


DAVITA INC.

NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (continued)

(dollars in thousands, except per share data)

 

secondary coverage), the patient’s commercial health plan secondary coverage, or the patient. Beginning in January 2011, the Company’s reimbursements from Medicare are subject to certain variations under Medicare’s new single bundled payment rate system, whereby reimbursements can be adjusted for certain patient characteristics and other factors. The Company’s revenue recognition will depend upon its ability to effectively capture, document and bill for Medicare’s base payment rate as well as these other factors. In addition, as a result of the potential range of variations that can occur in the Company’s reimbursements from Medicare under the new single bundled payment rate system, the Company’s revenue recognition will be subject to a greater degree of estimating risk.

Revenues associated with commercial health plans are estimated based on contractual terms for the patients under healthcare plans with which the Company has formal agreements, non-contracted health plan coverage terms if known, estimated secondary collections, historical collection experience, historical trends of refunds and payor payment adjustments (retractions), inefficiencies in the Company’s billing and collection processes that can result in denied claims for payments, and regulatory compliance issues.

Operating revenues are recognized in the period services are provided. Revenues consist primarily of payments from Medicare, Medicaid and commercial health plans for dialysis and ancillary services provided to patients. A usual and customary fee schedule is maintained for the Company’s dialysis treatments and other patient services; however, actual collectible revenue is normally recognized at a discount from the fee schedule.

Commercial revenue recognition involves significant estimating risks. With many larger, commercial insurers the Company has several different contracts and payment arrangements, and these contracts often include only a subset of the Company’s centers. It is often not possible to determine which contract, if any, should be applied prior to billing. In addition, for services provided by non-contracted centers, final collection may require specific negotiation of a payment amount, typically at a significant discount from the Company’s usual and customary rates.

Services covered by Medicare and Medicaid are less subject to estimating risk. Both Medicare and Medicaid rates use prospective payment methods established in advance with definitive terms. Medicare payments for bad debt claims are subject to individual center profitability, as established by cost reports, and require evidence of collection efforts. As a result, billing and collection of Medicare bad debt claims are often delayed significantly, and final payment is subject to audit.

Medicaid payments, when Medicaid coverage is secondary, can also be difficult to estimate. For many states, Medicaid payment terms and methods differ from Medicare, and may prevent accurate estimation of individual payment amounts prior to billing.

Net revenue recognition and allowances for uncollectible billings require the use of estimates of the amounts that will ultimately be realized considering, among other items, retroactive adjustments that may be associated with regulatory reviews, audits, billing reviews and other matters. The Company’s policy is to write-off any uncollectible accounts receivable balance only after all collection efforts have been exhausted or when write-off is mandated by federal or state policies or required by certain payor contracts. It is also the Company’s policy to write-off any accounts receivable balance associated with any payors or patients upon the Company receiving notification of a bankruptcy filing.

The Company’s range of revenue estimating risk for the dialysis and related lab services segment is generally expected to be within 1% of its revenue. Changes in revenue estimates for prior periods are separately disclosed, if material.

 

F-10


DAVITA INC.

NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (continued)

(dollars in thousands, except per share data)

 

Management and administrative support services are provided to dialysis centers and physician practices and clinics that the Company does not own or in which the Company owns a minority equity investment interest. The management fees are principally determined as a percentage of the managed operations’ revenues or cash collections and in some cases an additional component based upon a percentage of operating income. Management fees are included in net operating revenues as earned, and represent less than 1% of total consolidated operating revenues.

Other income

Other income includes interest income on cash investments and other non-operating gains from investment transactions.

Cash and cash equivalents

Cash equivalents are short-term highly liquid investments with maturities of three months or less at date of purchase.

Inventories

Inventories are stated at the lower of cost (first-in, first-out) or market and consist principally of pharmaceuticals and dialysis-related supplies. Rebates related to inventory purchases are recorded when earned and are based on certain qualification requirements based upon a variety of factors including process improvement targets, patient outcome targets and data submission.

Property and equipment

Property and equipment is stated at cost less accumulated depreciation and amortization and is further reduced by any impairments. Maintenance and repairs are charged to expense as incurred. Depreciation and amortization expenses are computed using the straight-line method over the useful lives of the assets estimated as follows: buildings, 20 to 40 years; leasehold improvements, the shorter of their economic useful life or the expected lease term; and equipment and information systems, principally 3 to 8 years. Disposition gains and losses are included in current operating expenses.

Investments

Based upon the Company’s intentions and ability to hold certain assets until maturity, the Company classifies certain debt securities as held-to-maturity and measures them at amortized cost. Based upon the Company’s other strategies involving investments, the Company classifies equity securities that have readily determinable fair values and certain other debt securities as available for sale and measures them at fair value. Unrealized gains or losses from available for sale investments are recorded in other comprehensive income until realized.

Amortizable intangibles

Amortizable intangible assets and liabilities include non-competition and similar agreements, lease agreements, hospital acute services contracts, deferred debt financing costs and the Alliance and Product Supply Agreement, each of which have finite useful lives. Non-competition and similar agreements are amortized over

 

F-11


DAVITA INC.

NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (continued)

(dollars in thousands, except per share data)

 

the terms of the agreements, typically ten years, using the straight-line method. Lease agreements and hospital acute service contracts are amortized on a straight-line basis over the term of the lease and the contract period, respectively. Deferred debt financing costs are amortized to debt expense over the term of the related debt using the effective interest method. The Alliance and Product Supply Agreement intangible liability is being amortized using the straight-line method over the term of the agreement, which is ten years.

Goodwill

Goodwill represents the difference between the fair value of acquired businesses and the fair value of the identifiable tangible and intangible net assets acquired. Goodwill is not amortized, but is assessed for valuation impairment as circumstances warrant and at least annually. An impairment charge would be recorded to the extent the book value of goodwill exceeds its fair value. The Company operates several reporting units for goodwill impairment assessments.

Impairment of long-lived assets

Long-lived assets, including property and equipment, equity investments in non-consolidated businesses, and amortizable intangible assets with finite useful lives, are reviewed for possible impairment at least annually and whenever significant events or changes in circumstances indicate that an impairment may have occurred, including changes in the Company’s business strategy and plans, changes in the quality or structure of its relationships with its partners and deteriorating operating performance of individual dialysis centers or other operations. An impairment is indicated when the sum of the expected future undiscounted net cash flows identifiable to an asset or asset group is less than its carrying value. Impairment losses are determined from actual or estimated fair values, which are based on market values, net realizable values or projections of discounted net cash flows, as appropriate. Impairment charges are included in operating expenses.

Income taxes

Federal and state income taxes are computed at current enacted tax rates less tax credits using the asset and liability method. Deferred taxes are adjusted both for items that do not have tax consequences and for the cumulative effect of any changes in tax rates from those previously used to determine deferred tax assets or liabilities. Tax provisions include amounts that are currently payable, changes in deferred tax assets and liabilities that arise because of temporary differences between the timing of when items of income and expense are recognized for financial reporting and income tax purposes, changes in the recognition of tax positions and any changes in the valuation allowance caused by a change in judgment about the realizability of the related deferred tax assets. A valuation allowance is established when necessary to reduce deferred tax assets to amounts expected to be realized.

The Company uses a recognition threshold of more-likely-than not and a measurement attribute on all tax positions taken or expected to be taken in a tax return in order to be recognized in the financial statements. Once the recognition threshold is met, the tax position is then measured to determine the actual amount of benefit to recognize in the financial statements.

Self insurance

The Company maintains insurance reserves for professional and general liability and workers’ compensation in excess of certain individual and or aggregate amounts not covered by third-party carriers. The

 

F-12


DAVITA INC.

NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (continued)

(dollars in thousands, except per share data)

 

Company estimates the self-insured retention portion of professional and general liability and workers’ compensation risks using third-party actuarial calculations that are based upon historical claims experience and expectations for future claims.

Noncontrolling interests

Noncontrolling interests represent the equity interests of third-party owners in consolidated entities which are majority-owned. As of December 31, 2010, third parties held noncontrolling ownership interests in 148 consolidated entities.

Stock-based compensation

The Company’s stock-based compensation awards are measured at their estimated fair value on the date of grant. Stock-based compensation expense recognized in a period represents the straight-line amortization during that period of the estimated grant date fair value of current and prior stock-based awards over their vesting terms, adjusted for expected forfeitures.

Interest rate swap and cap agreements

The Company has entered into several interest rate swap agreements as a means of hedging its exposure to and volatility from variable-based interest rate changes. These agreements are designated as cash flow hedges and are not held for trading or speculative purposes. The swap agreements have the economic effect of converting portions of the Company’s variable rate debt to fixed rates. In addition, in January 2011, the Company entered into several interest rate cap agreements that have the economic effect of fixing the maximum exposure to variable-based interest rate changes on other specific portions of the Company’s variable-based rate debt. See Note 13 to the consolidated financial statements for further details.

Fair value estimates

The Company currently measures the fair value of certain assets and noncontrolling interests subject to put provisions (temporary equity) based upon certain valuation techniques that include observable or unobservable market inputs and assumptions that market participants would use in pricing these assets and temporary equity. The Company also has classified its assets and temporary equity into the appropriate fair value hierarchy levels as defined by the Financial Accounting Standards Board (FASB). See Note 23 to the consolidated financial statements for further details.

New accounting standards

In August 2010, the FASB issued transition guidance for healthcare entities for measuring charity care that was effective for fiscal years beginning after December 15, 2010. Charity care is defined as healthcare services that are provided but are not expected to result in cash flows where the patients have demonstrated the inability to pay. The guidance requires management to disclose their policy on providing charity care, the level of charity care provided, the measurement of the direct and indirect costs of providing those services and the amount of any subsidies received for providing charity care. Management can also estimate the costs of those services using reasonable techniques. The guidance shall be applied retrospectively. The adoption of this standard will not have a material impact on the Company’s consolidated financial statements.

 

F-13


DAVITA INC.

NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (continued)

(dollars in thousands, except per share data)

 

Effective January 1, 2010, the FASB eliminated the quantitative approach previously required for determining the primary beneficiary of a variable interest entity, and required additional disclosures about an enterprise’s involvement in variable interest entities. An entity is required to perform an analysis to determine whether the enterprise’s variable interest or interests give it a controlling financial interest in a variable interest entity by having both the power to direct the activities of a variable interest entity that most significantly impact the entity’s economic performance and the obligation to absorb losses of the entity, or the right to receive benefits from the entity. In addition, the FASB established new guidance for determining whether an entity is a variable interest entity, requiring an ongoing reassessment of whether an enterprise is the primary beneficiary of a variable interest entity, and adding an additional reconsideration event for determining whether an entity is a variable interest entity when any changes in facts and circumstances occur such that the holders of the equity investment at risk, as a group, lose the power from voting rights or similar rights of those investments to direct the activities of the entity that most significantly impact the entity’s economic performance. See Note 20 to the consolidated financial statements for the impact of adopting these new requirements.

Effective December 15, 2009, FASB amended certain fair value disclosure requirements to include additional disclosures related to significant transfers in and out of the various fair value hierarchy levels and to clarify existing disclosures by providing disaggregate levels for each class of assets and liabilities. We are also required to provide additional disclosures on the valuation techniques and inputs used to measure fair value, as well as changes to the valuation techniques and inputs, for both recurring and nonrecurring assets and liabilities carried at fair value. In addition, we are also required to disclose the reason for making changes to our valuation techniques, assumptions and or other unobservable market inputs. Certain other disclosures on reporting the gross activity rather than the net activity for Level 3 fair value measurements is effective for fiscal years beginning after December 31, 2010. See Note 23 to the consolidated financial statements for further discussion. The adoption of this standard will not have a material impact on the Company’s consolidated financial statements.

Effective January 1, 2009, the Company is required to treat noncontrolling interests as a separate component of equity, but apart from the Company’s equity, and not as a liability or other item outside of equity. The Company is also required to identify and present consolidated net income attributable to the Company and to noncontrolling interests on the face of the consolidated statement of income. Previously, the Company had reported minority interests (noncontrolling interests) as a reduction to operating income. In addition, changes in the Company’s ownership interest while the Company retains a controlling financial interest should be accounted for as equity transactions. The Company was also required to expand disclosures in the financial statements to include a reconciliation of the beginning and ending balances of the equity attributable to the Company and the noncontrolling owners and a schedule showing the effects of changes in the Company’s ownership interest in a subsidiary on the equity attributable to the Company. This change did not have a material impact on the Company’s consolidated financial statements; however, it did change the presentation of minority interests (noncontrolling interests) in the Company’s consolidated financial statements. In conjunction with adopting these requirements, the Company was required to classify securities with redemption features that are not solely within the Company’s control such as the Company’s noncontrolling interests that are subject to put provisions outside of permanent equity and to measure these noncontrolling interests at fair value. See Note 22 to the Company’s consolidated financial statements for further details. These consolidated financial statements have been recast for all prior periods presented for the retrospective application of these presentation and disclosure requirements.

 

F-14


DAVITA INC.

NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (continued)

(dollars in thousands, except per share data)

 

The effects of the change upon the retrospective application of these presentation and disclosure requirements were as follows:

Consolidated income statements:

 

     2008  

Operating income:

  

Operating income as previously reported

   $ 821,765   

Reclassification of noncontrolling interests

     47,331   
        

Operating income as adjusted

   $ 869,096   
        

Income taxes:

  

Income taxes as previously reported

   $ 235,300   

Income taxes associated with noncontrolling interests

     171   
        

Income taxes as adjusted

   $ 235,471   
        

Consolidated statements of cash flow:

 

     2008  

Cash flows from operating activities:

  

Net cash provided by operating activities as previously reported

   $ 555,931   

Reclassification of distributions to noncontrolling interests to cash flows from financing activities

     57,770   
        

Net cash provided by operating activities as adjusted

   $ 613,701   
        

2.    Earnings per share

Basic net income per share is calculated by dividing net income attributable to DaVita Inc., net of the increase in noncontrolling interest redemption rights in excess of fair value, by the weighted average number of common shares and vested stock units outstanding. Diluted net income per share includes the dilutive effect of outstanding stock-settled stock appreciation rights, stock options and unvested stock units (under the treasury stock method).

 

F-15


DAVITA INC.

NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (continued)

(dollars in thousands, except per share data)

 

The reconciliations of the numerators and denominators used to calculate basic and diluted net income per share are as follows:

 

     Year ended December 31,  
     2010     2009     2008  
     (shares in thousands)  

Basic:

      

Net income attributable to DaVita Inc.

   $ 405,683      $ 422,684      $ 374,160   

Increase in noncontrolling interest redemption rights in excess of fair value

     (68     (267     —     
                        

Net income for basic earnings per share calculation

   $ 405,615      $ 422,417      $ 374,160   
                        

Weighted average shares outstanding during the year

     101,497        103,595        105,140   

Vested stock units

     7        9        9   
                        

Weighted average shares for basic earnings per share calculation

     101,504        103,604        105,149   
                        

Basic net income per share attributable to DaVita Inc.

   $ 4.00      $ 4.08      $ 3.56   
                        

Diluted:

      

Net income attributable to DaVita Inc.

   $ 405,683      $ 422,684      $ 374,160   

Increase in noncontrolling interest redemption rights in excess of fair value

     (68     (267     —     
                        

Net income for diluted earnings per share calculation

   $ 405,615      $ 422,417      $ 374,160   
                        

Weighted average shares outstanding during the year

     101,497        103,595        105,140   

Vested stock units

     7        9        9   

Assumed incremental shares from stock plans

     1,555        564        791   
                        

Weighted average shares for diluted earnings per share calculation

     103,059        104,168        105,940   
                        

Diluted net income per share attributable to DaVita Inc.

   $ 3.94      $ 4.06      $ 3.53   
                        

Shares subject to anti-dilutive awards excluded from calculation(1)

     1,452        9,912        10,053   
                        

 

(1) Shares associated with stock-settled stock appreciation rights and stock options are excluded from the diluted denominator calculation because they are anti-dilutive under the treasury stock method.

3.    Accounts receivable

Approximately 15% and 18% of the accounts receivable balances as of December 31, 2010 and 2009, respectively, were more than six months old, and there were no significant balances over one year old. Approximately 2% of our accounts receivable as of December 31, 2010 and 2009, related to amounts due from patients. Accounts receivable are principally from Medicare and Medicaid programs and commercial insurance plans.

 

F-16


DAVITA INC.

NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (continued)

(dollars in thousands, except per share data)

 

4.    Other receivables

Other receivables were comprised of the following:

 

     December 31,  
     2010      2009  

Supplier rebates and other non-trade receivables

   $ 238,156       $ 195,753   

Medicare bad debt claims

     46,250         45,600   

Operating advances under management and administrative services agreements

     19,960         22,103   
                 
   $ 304,366       $ 263,456   
                 

Operating advances under management and administrative services agreements are generally unsecured.

5.    Other current assets

Other current assets consist principally of prepaid expenses and operating deposits.

6.    Property and equipment

Property and equipment were comprised of the following:

 

     December 31,  
     2010     2009  

Land

   $ 23,182      $ 11,771   

Buildings

     33,937        34,294   

Leasehold improvements

     1,106,935        997,668   

Equipment and information systems

     1,107,778        999,305   

New center and capital asset projects in progress

     38,721        32,280   
                
     2,310,553        2,075,318   

Less accumulated depreciation and amortization

     (1,139,745     (970,393
                
   $ 1,170,808      $ 1,104,925   
                

Depreciation and amortization expense on property and equipment was $219,314, $214,515 and $201,006 for 2010, 2009 and 2008, respectively.

Interest on debt incurred during the development of new centers and other capital asset projects is capitalized as a component of the asset cost based on the respective in-process capital asset balances. Interest capitalized was $2,621, $3,627 and $4,189 for 2010, 2009 and 2008, respectively.

 

F-17


DAVITA INC.

NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (continued)

(dollars in thousands, except per share data)

 

7.    Amortizable intangibles

Amortizable intangible assets were comprised of the following:

 

     December 31,  
     2010     2009  

Noncompetition and other agreements

   $ 309,405      $ 291,022   

Lease agreements

     8,466        8,156   

Deferred debt financing costs

     61,405        72,656   
                
     379,276        371,834   

Less accumulated amortization

     (216,641     (235,102
                

Total amortizable intangible assets

   $ 162,635      $ 136,732   
                

Amortizable intangible liabilities were comprised of the following:

 

     December 31,  
     2010     2009  

Alliance and product supply agreement commitment (See Note 22)

   $ 68,200      $ 68,200   

Less accumulated amortization

     (42,883     (37,553
                
   $ 25,317      $ 30,647   
                

Net amortization expense from noncompetition and other agreements and the amortizable intangible liabilities was $15,064, $14,471 and $15,911 for 2010, 2009 and 2008, respectively. Lease agreements which are amortized to rent expense were $480 in 2010, $565 in 2009 and $1,420 in 2008, respectively. Deferred debt issuance costs are amortized to debt expense as described in Note 13 to the consolidated financial statements.

Scheduled amortization charges from intangible assets and liabilities as of December 31, 2010 were as follows:

 

     Noncompetition and
other agreements
     Deferred debt
financing costs
     Alliance and
Product Supply
Agreement liability
 

2011

     21,777         9,742         (5,330

2012

     21,291         9,516         (5,330

2013

     19,152         9,233         (5,330

2014

     17,233         8,760         (5,330

2015

     13,223         7,690         (3,997

Thereafter

     10,993         14,025         —     

8.    Equity investments

Equity investments in non-consolidated businesses were $25,918 and $22,631 at December 31, 2010 and 2009, respectively. During 2010, 2009 and 2008, the Company recognized income of $8,999, $2,442 and $796, respectively, relating to equity investments in non-consolidated businesses under the equity method of accounting. There were no material equity investment transactions in 2010.

 

F-18


DAVITA INC.

NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (continued)

(dollars in thousands, except per share data)

 

See Note 17, section Changes in DaVita Inc.’s ownership interest in consolidated subsidiaries to the consolidated financial statements for additional information regarding 2009 equity investment transactions. In 2009, the Company also contributed $1,100 to an existing joint venture in which the Company owns a 50% equity investment.

9.    Investments in debt and equity securities

Based on the Company’s intentions and strategy involving investments, the Company classifies certain debt securities as held-to-maturity and records them at amortized cost. Equity securities that have readily determinable fair values and other debt securities classified as available for sale are recorded at fair value.

The Company’s investments consist of the following:

 

     December 31, 2010      December 31, 2009  
     Held to
maturity
     Available
for sale
     Total      Held to
maturity
     Available
for sale
     Total  

Certificates of deposit, money market funds and U.S. treasury notes due within one year

   $ 21,803       $ —         $ 21,803       $ 25,275       $ —         $ 25,275   

Investments in mutual funds

     —           10,048         10,048         —           8,816         8,816   
                                                     
   $ 21,803       $ 10,048       $ 31,851       $ 25,275       $ 8,816       $ 34,091   
                                                     

Short-term investments

   $ 21,803       $ 1,200       $ 23,003       $ 25,275       $ 1,200       $ 26,475   

Long-term investments

     —           8,848         8,848         —           7,616         7,616   
                                                     
   $ 21,803       $ 10,048       $ 31,851       $ 25,275       $ 8,816       $ 34,091   
                                                     

The cost of the certificates of deposit, money market funds and U.S. treasury notes at December 31, 2010 and 2009 approximates fair value. As of December 31, 2010 and 2009, the available for sale investments included $824 and ($205), respectively, of gross pre-tax unrealized gains (losses). During 2010 and 2009 the Company recorded gross pre-tax unrealized gains of $1,007 and $1,614, respectively, in other comprehensive income associated with changes in the fair value of these investments. During 2010, the Company sold investments in mutual funds for net proceeds of $900, and recognized a pre-tax loss of $22, or $13 after tax, that was previously recorded in other comprehensive income. During 2009, the Company sold investments in mutual funds for net proceeds of $16,693, and recognized a pre-tax gain of $261, or $159 after tax, that was previously recorded in other comprehensive income. In 2009, the Company also purchased approximately $6,300 of investments that are classified as held to maturity, net of investments routinely reinvested as required for VillageHealth, see discussion below.

As of December 31, 2010, investments totaling $18,537 classified as held to maturity are used to maintain certain capital requirements of the special needs plans of VillageHealth, which is a wholly-owned subsidiary of the Company. As of December 31, 2009, the Company discontinued the VillageHealth special needs plans and is in process of paying out all incurred claims. The Company also expects to liquidate its investments that are currently held to maintain certain capital requirements as soon as all of the claims are paid and the various state regulatory agencies approve the release of these investments. The investments in mutual funds classified as available for sale are held within a trust to fund existing obligations associated with several of the Company’s non-qualified deferred compensation plans.

On July 22, 2010, the Company entered into a First Amended and Restated National Service Provider Agreement, or the Agreement, with NxStage Medical Inc., or NxStage. The Agreement supersedes the National Service Provider Agreement that the Company entered into with NxStage on February 7, 2007. Under terms of

 

F-19


DAVITA INC.

NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (continued)

(dollars in thousands, except per share data)

 

the Agreement, the Company will have the ability to continue to purchase NxStage System One hemodialysis machines and related supplies at discounted prices. In addition, under the Agreement, the Company may earn warrants to purchase NxStage common stock subject to certain requirements, including the Company’s ability to achieve certain System One home patient growth targets. The Agreement provides for a range of warrant amounts that may be earned annually depending upon the achievement of various home patient targets. The maximum amount of shares underlying warrants that the Company can earn over three years in 5,500. The exercise price of the warrants is $14.22 per share. In connection therewith, the Company entered into a Registration Rights Agreement whereby NxStage has agreed to register any shares issued to the Company under the warrants. The Agreement expires on June 30, 2013, and will be automatically extended on a monthly basis unless terminated by either party pursuant to the Agreement. The overall estimated value of the warrants as of December 31, 2010 that are expected to be earned by the Company and recognized over the first annual reporting period were not material.

10.    Goodwill

Changes in the book value of goodwill were as follows:

 

     Year ended December 31,  
     2010     2009  

Balance at January 1

   $ 3,951,196      $ 3,876,931   

Acquisitions

     152,252        78,199   

Sales of noncontrolling interests

     —          (3,293

Divestitures

     (12,128     (641

Other adjustments

     (13     —     
                

Balance at December 31

   $ 4,091,307      $ 3,951,196   
                

As of December 31, 2010, there was $4,022,365 and $68,942 of goodwill associated with the dialysis and related lab services business and the ancillary services and strategic initiatives, respectively.

As of December 31, 2009, there was $3,882,254 and $68,942 of goodwill associated with the dialysis and related lab services business and the ancillary services and strategic initiatives, respectively.

11.    Other liabilities

Other accrued liabilities were comprised of the following:

 

     December 31,  
     2010      2009  

Payor refunds and retractions

   $ 216,655       $ 320,187   

Insurance and self-insurance accruals

     65,950         59,734   

Accrued interest

     22,905         36,881   

Accrued non-income tax liabilities

     9,995         11,581   

Interest rate swaps

     —           10,792   

Other

     27,438         21,917   
                 
   $ 342,943       $ 461,092   
                 

 

F-20


DAVITA INC.

NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (continued)

(dollars in thousands, except per share data)

 

12.    Income taxes

A reconciliation of the beginning and ending liability for unrecognized tax benefits that do not meet the more-likely-than-not threshold were as follows:

 

     Year ended December 31,  
     2010     2009  

Balance beginning

   $ 30,693      $ 10,887   

Additions for tax positions related to current year

     1,515        6,939   

Additions for tax positions related to prior years

     69        14,941   

Reductions for tax positions related to prior years

     (24,139     (1,738

Settlements

     —          (336
                

Balance ending

   $ 8,138      $ 30,693   
                

As of December 31, 2010, unrecognized tax benefits totaling $8,138 would affect the Company’s effective tax rate, if recognized.

The Company recognizes accrued interest and penalties related to unrecognized tax benefits in its income tax expense. At December 31, 2010 and 2009, the Company had approximately $3,177 and $3,226, respectively, accrued for interest and penalties related to unrecognized tax benefits, net of federal tax benefits.

The Company and its subsidiaries file U.S. federal income tax returns and various state returns. The Company is no longer subject to U.S. federal, state and local examinations by tax authorities for years before 2005.

Income tax expense consisted of the following:

 

     Year ended December 31,  
     2010      2009      2008  

Current:

        

Federal

   $ 153,502       $ 193,181       $ 118,764   

State

     31,338         34,415         20,595   

Deferred:

        

Federal

     67,901         44,376         81,306   

State

     7,498         6,493         14,806   
                          
   $ 260,239       $ 278,465       $ 235,471   
                          

 

F-21


DAVITA INC.

NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (continued)

(dollars in thousands, except per share data)

 

Deferred tax assets and liabilities arising from temporary differences were as follows:

 

     December 31,  
     2010     2009  

Receivables

   $ 110,332      $ 142,315   

Alliance and product supply agreement

     9,849        11,922   

Accrued liabilities

     127,073        125,992   

Other

     60,368        62,208   
                

Deferred tax assets

     307,622        342,437   

Valuation allowance

     (10,998     (14,191
                

Net deferred tax assets

     296,624        328,246   
                

Intangible assets

     (377,456     (317,306

Property and equipment

     (110,472     (84,041

Other

     (4,072     (4,801
                

Deferred tax liabilities

     (492,000     (406,148
                

Net deferred tax liabilities

   $ (195,376   $ (77,902
                

At December 31, 2010, the Company had state net operating loss carryforwards of approximately $143,568 that expire through 2030, and federal net operating loss carryforwards of $8,498 that expire through 2030. The utilization of these losses may be limited in future years based on the profitability of certain separate-return entities. The valuation allowance decrease of $3,193 relates to changes in the estimated tax benefit and utilization of federal and state operating losses of separate-return entities.

The reconciliation between our effective tax rate from continuing operations and the U.S. federal income tax rate is as follows:

 

     Year ended
December 31,
 
     2010     2009     2008  

Federal income tax rate

     35.0     35.0     35.0

State taxes, net of federal benefit

     3.9        3.7        3.7   

Changes in deferred tax valuation allowances

     (0.1     0.2        0.3   

Other

     0.2        0.8        (0.3

Impact of noncontrolling interests primarily attributable to non-tax paying entities

     (4.0     (3.0     (2.8
                        

Effective tax rate

     35.0     36.7     35.9
                        

 

F-22


DAVITA INC.

NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (continued)

(dollars in thousands, except per share data)

 

13.    Long-term debt

Long-term debt was comprised of the following:

 

     December 31,  
     2010     2009  

Senior Secured Credit Facilities:

    

Term Loan A

   $ 1,000,000      $ 153,125   

Term Loan B

     1,750,000        1,705,875   

Senior and senior subordinated notes

     1,550,000        1,750,000   

Acquisition obligations and other notes payable

     9,049        15,891   

Capital lease obligations

     8,074        4,635   
                

Total principal debt outstanding

     4,317,123        3,629,526   

(Discount) premium on long-term debt

     (8,381     2,698   
                
     4,308,742        3,632,224   

Less current portion

     (74,892     (100,007
                
   $ 4,233,850      $ 3,532,217   
                

Scheduled maturities of long-term debt at December 31, 2010 were as follows:

 

2011

     74,892   

2012

     68,931   

2013

     118,988   

2014

     168,435   

2015

     668,118   

Thereafter

     3,217,759   

Senior Secured Credit Facility

On October 20, 2010, the Company entered into a $3,000,000 new Senior Secured Credit Agreement (the Credit Agreement), consisting of a five year $250,000 revolving line of credit, a five year $1,000,000 Term Loan A and a six year $1,750,000 Term Loan B. The Company also has the right to request an increase to the borrowing capacity to a total aggregate principal amount of not more than $4,000,000 subject to bank participation. The revolving line of credit and the Term Loan A will initially bear interest at LIBOR plus an interest rate margin of 2.75% until June 30, 2011, and then is subject to adjustment depending upon the Company’s leverage ratio and can range from 2.25% to 2.75%. The Term Loan A requires annual principal payments of $50,000 in 2011, $50,000 in 2012, $100,000 in 2013, and $150,000 in 2014, with the balance of $650,000 due in 2015. The Term Loan B bears interest at LIBOR (floor of 1.50%) plus 3.00% subject to a ratings based step-down to 2.75%. The Term Loan B requires annual principal payments of $17,500 in each year from 2011 through 2015 with the balance of $1,662,500 due in 2016. The borrowings under the Credit Agreement are guaranteed by substantially all of the Company’s direct and indirect wholly-owned domestic subsidiaries and are secured by substantially all of the Company’s and its guarantors’ assets. The Credit Agreement contains customary affirmative and negative covenants such as various restrictions on investments, acquisitions, the payment of dividends, redemptions and acquisitions of capital stock, capital expenditures and other indebtedness, as well as limitations on the amount of tangible net assets in non-guarantor subsidiaries. However, many of these restrictions will not apply as long as the Company’s leverage ratio is below 3.50:1.00. In addition, the Credit Agreement requires compliance with financial covenants including an interest coverage ratio and a leverage ratio that determines the interest rate margins as described above.

 

F-23


DAVITA INC.

NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (continued)

(dollars in thousands, except per share data)

 

On October 20, 2010, the Company also issued $775,000 aggregate principal amount of 6 3/8% senior notes due 2018 and $775,000 aggregate principal amount of 6 5/8% senior notes due 2020 (collectively the New Senior Notes). The New Senior Notes will pay interest on May 1 and November 1 of each year, beginning May 1, 2011. The New Senior Notes are unsecured senior obligations and rank equally to other unsecured senior indebtedness. The New Senior Notes are guaranteed by substantially all of the Company’s direct and indirect wholly owned domestic subsidiaries. The Company may redeem some or all of the 6 3/8% senior notes at any time on or after November 1, 2013 at certain redemption prices and may redeem some or all of the 6 5/8% senior notes at any time on or after November 1, 2014 at certain redemption prices.

The Company received total proceeds of $4,300,000 from these transactions, $2,750,000 from the borrowings on Term Loan A and Term Loan B and an additional $1,550,000 from the issuance of the New Senior Notes. The Company used a portion of the proceeds to pay-off the outstanding principal balances of its existing Senior Secured Credit Facilities plus accrued interest totaling $1,795,363 and to purchase pursuant to a cash tender offer $557,644 of the outstanding principal balances of the Company’s $700,000 6 5/8% senior notes due 2013 and $730,827 of the outstanding balances of the Company’s $850,000 7 1/4% senior subordinated notes due 2015, (the Existing Notes), plus accrued interest totaling $1,297,215. The total amount paid for the Existing Notes was $1,019.06 per $1,000 principal amount of the 6 5/8% senior notes and $1,038.75 per $1,000 principal amount of the 7 1/4% senior subordinated notes. This resulted in the Company paying a cash tender premium of $38,933 in order to extinguish this portion of the Existing Notes. On November 19, 2010, the Company redeemed the remaining outstanding balance of the existing 6 5/8% senior notes of $142,356 at 101.656% per $1,000 and the remaining outstanding balance of the existing 7 1/4% senior subordinated notes of $119,173 at 103.625% per $1,000 plus accrued interest totaling $264,742. In addition, the Company paid a call premium totaling $6,677. The Company also paid an additional $74,431 in fees, discounts and other expenses. As a result of the above transactions, the Company received approximately $823,000 in excess cash which it intends to use for general purposes and other opportunities, including share repurchases, potential acquisitions and other growth investments.

In connection with these transactions, the Company expensed debt refinancing and redemption charges totaling $70,255, which includes the write off of certain existing deferred financing costs and other new financing costs, the cash tender and call premiums, as described above and other expenses.

On June 7, 2010, the Company redeemed $200,000 aggregate principal amount of its outstanding 6  5/8% senior notes due 2013, at a price of 101.656% plus accrued interest. As a result of this transaction, the Company expensed debt redemption charges of $4,127, which includes the call premium and the net write-off of other finance costs.

Term Loans

Term Loan A and Term Loan B total outstanding borrowings can consist of various individual tranches that can range in maturity from one month to twelve months (currently monthly). Each specific tranche for the Term Loan A bears interest at a LIBOR rate determined by the maturity of that specific tranche plus an interest rate margin, currently 2.75%, and the LIBOR variable component of the interest rate is reset as each specific tranche matures. At December 31, 2010, the overall weighted average interest rate for the Term Loan A was determined based upon the LIBOR interest rates in effect for all of the individual tranches plus the interest rate margin. In January 2011, the Company entered into several interest rate swap agreements that have the economic effect of fixing all of the Term Loan A LIBOR variable component of the Company’s interest rate, as described below. At December 31, 2010, the Term Loan B bears interest at LIBOR (floor of 1.50%) plus a margin of 3.00%, regardless of the actual LIBOR interest rate associated with each specific tranche, as long as LIBOR interest rates

 

F-24


DAVITA INC.

NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (continued)

(dollars in thousands, except per share data)

 

are below 1.50%. If LIBOR interest rates move above 1.50% then the overall weighted average interest rate for the Term Loan B will be determined based upon the LIBOR interest rates in effect for all individual tranches plus the interest rate margin. In January 2011, the Company entered into several interest rate cap agreements that have the effect of capping the LIBOR variable component of the Company’s interest rate at a maximum of 4.00% on $1,250,000 notional amount of the Term Loan B, as described below. The remaining $500 million of outstanding debt on the Term Loan B is subject to LIBOR-based interest rate volatility above a floor of 1.50%.

Revolving Lines of Credit

The Company has an undrawn revolving line under the Senior Secured Credit Facilities totaling $250,000, of which approximately $45,789 was committed for outstanding letters of credit.

Interest rate swaps

The Company had entered into several interest rate swap agreements as a means of hedging its exposure to and volatility from variable-based interest rate changes as part of its overall risk management strategy. These agreements were not held for trading or speculative purposes, and had the economic effect of converting portions of our variable rate debt to a fixed rate. These agreements were designated as cash flow hedges, and as a result, hedge-effective gains or losses resulting from changes in the fair values of these swaps were reported in other comprehensive income until such time as each specific swap tranche was realized, at which time the amounts were reclassified into net income. Net amounts paid or received for each specific swap tranche that has settled were reflected as adjustments to debt expense. These agreements did not contain credit-risk contingent features and had expired as of September 30, 2010.

The swap agreements that were effective during 2010 had the economic effect of modifying the LIBOR variable component of the Company’s interest rate on an equivalent amount of the Company’s debt to fixed rates ranging from 4.05% to 4.70%, resulting in an overall weighted average effective interest rate of 5.84% on the hedged portion of the Company’s Senior Secured Credit Facilities, including the margin of 1.50%.

The following table summarizes our derivative instruments as of December 31, 2010 and 2009:

 

     Interest rate swap liabilities  
     December 31, 2010      December 31, 2009  

Derivatives designated as hedging instruments

   Balance sheet
location
     Fair value      Balance sheet
location
     Fair value  

Interest rate swap agreements

    
 
Other current
liabilities
 
  
   $ —          
 
Other current
liabilities
 
  
   $ 10,792   
                       

 

F-25


DAVITA INC.

NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (continued)

(dollars in thousands, except per share data)

 

The following table summarizes the effects of our interest rate swap agreements for the years ended December 31, 2010, 2009 and 2008:

 

    Amount of gains (losses)
recognized in OCI on interest
rate swap agreements
    Location of
(losses) gains
reclassified
from
accumulated
OCI into
income
    Amount of gains (losses)
reclassified from accumulated
OCI into income
 

Derivatives designated as cash flow hedges

  Years ended December 31,       Years ended December 31,  
  2010     2009     2008       2010     2009     2008  

Interest rate swap agreements

  $ (217   $ (4,220   $ (21,190     Debt expense      $ (9,093   $ (17,253   $ (4,239

Tax benefit

    83        1,642        8,243          3,536        6,711        1,649   
                                                 

Total

  $ (134   $ (2,578   $ (12,947     $ (5,557   $ (10,542   $ (2,590
                                                 

The Company’s overall weighted average effective interest rate in 2010 was 4.68% and as of December 31, 2010 was 4.94%.

In January 2011, the Company entered into nine interest rate swap agreements with amortizing notional amounts totaling $1,000,000 that went effective on January 31, 2011. These agreements have the economic effect of modifying the LIBOR variable component of the Company’s interest rate on an equivalent amount of the Company’s Term Loan A debt to fixed rates ranging from 1.59% to 1.64%, resulting in an overall weighted average effective interest rate of 4.36% including the Term Loan A margin of 2.75%. The swap agreements expire on September 30, 2014 and require monthly interest payments.

In addition, in January 2011, the Company also entered into five interest rate cap agreements with notional amounts totaling $1,250,000 that went effective on January 31, 2011. These agreements have the economic effect of capping the LIBOR variable component of the Company’s interest rate at a maximum of 4.00% on an equivalent amount of the Company’s Term Loan B debt. The cap agreements expire on September 30, 2014.

Debt expense

Debt expense consisted of interest expense of $172,265, $176,100 and $214,944, including the amortization and accretion of debt discounts and premiums and the amortization of deferred financing costs of $9,342, $9,655 and $9,772 for 2010, 2009 and 2008, respectively. The interest expense amounts are net of capitalized interest.

14.    Leases

The majority of the Company’s facilities are leased under non-cancelable operating leases, ranging in terms from five to 15 years, which contain renewal options of five to ten years at the fair rental value at the time of renewal. The Company leases are generally subject to periodic consumer price index increases or contain fixed escalation clauses. The Company also leases certain equipment under capital leases.

 

F-26


DAVITA INC.

NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (continued)

(dollars in thousands, except per share data)

 

Future minimum lease payments under non-cancelable operating leases and capital leases are as follows:

 

     Operating
leases
     Capital
leases
 

2011

     232,415         1,387   

2012

     212,126         1,412   

2013

     190,911         1,382   

2014

     171,474         1,133   

2015

     154,351         773   

Thereafter

     554,895         6,066   
                 
   $ 1,516,172         12,153   
           

Less portion representing interest

        (4,079
           

Total capital lease obligations, including current portion

      $ 8,074   
           

Rent expense under all operating leases for 2010, 2009, and 2008 was $267,572, $248,792 and $225,531, respectively. Rent expense is recorded on a straight-line basis, over the term of the lease, for leases that contain fixed escalation clauses or include abatement provisions. Leasehold improvement incentives are deferred and amortized to rent expense over the term of the lease. The net book value of property and equipment under capital leases was $7,579, $5,432 and $6,612 at December 31, 2010, 2009 and 2008, respectively. Capital lease obligations are included in long-term debt. See Note 13 to the consolidated financial statements.

15.    Employee benefit plans

The Company has a savings plan for substantially all employees which has been established pursuant to the provisions of Section 401(k) of the Internal Revenue Code, or IRC. The plan allows for employees to contribute a percentage of their base annual salaries on a tax-deferred basis not to exceed IRC limitations. The Company does not provide any matching contributions.

The Company also maintains a voluntary compensation deferral plan, the DaVita Voluntary Deferral Plan. This plan is non-qualified and permits certain employees whose annualized base salary equals or exceeds a minimum annual threshold amount as set by the Company to elect to defer all or a portion of their annual bonus payment and up to 50% of their base salary into a deferral account maintained by the Company. Total contributions to this plan in 2010 and 2009 were $1,125, and $2,062, respectively. Deferred amounts are generally paid out in cash at the participant’s election either in the first or second year following retirement or in a specified future period at least three to four years after the deferral election was effective. During 2010 and 2009, the Company distributed $701 and $601, respectively, to participants. Participants are credited with their proportional amount of annual earnings from the plan. The assets of this plan are held in a “rabbi trust” and as such are subject to the claims of the Company’s general creditors in the event of its bankruptcy. As of December 31, 2010 and 2009, the total fair value of assets held in trust were $8,547 and $7,246, respectively.

As part of the acquisition of DVA Renal Healthcare on October 5, 2005, the Company acquired an Executive Retirement Plan for certain members of management. This plan is non-qualified and contributions to the plan were made at the discretion of DVA Renal Healthcare based upon a pre-determined percentage of a participant’s base salary. Effective November 2005, all contributions to this plan were discontinued and the balance of the plan assets will be paid out upon termination of each individual participant. During 2010 and 2009, the Company distributed $198 and $241, respectively, to participants. As of December 31, 2010 and 2009, the total fair value of assets held in trust was $1,501 and $1,570, respectively.

 

F-27


DAVITA INC.

NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (continued)

(dollars in thousands, except per share data)

 

The Company maintained a non-qualified deferred compensation plan for key employees. Company contributions were discretionary and were deposited into a rabbi trust. Participants in the plan were subject to a vesting period and typically receive annual distributions from the plan commencing one year after grant date, although in certain situations distributions are paid upon termination or retirement. Participants also had the option to direct their balances into certain investment funds and were credited with their proportional amount of earnings from the investments. The assets of this plan were held in the rabbi trust and were subject to the claims of the Company’s general creditors in the event of its bankruptcy. During 2009, the Company distributed $15,851, including earnings, to eligible participants, which were the total assets held in trust. In 2008, the Company distributed $5,263 to eligible participants.

The Company also maintained another non-qualified deferred compensation plan for certain employees. Company contributions to the plan were discretionary and were deposited into a rabbi trust that was not subject to general creditors claims in the event of bankruptcy by the Company. Participants in the plan were subject to a vesting period and were credited with their proportional amount of earnings from the investments within the plan. During 2008, the Company distributed $15,122, including earnings, to all eligible participants, which were the total assets held in trust.

The fair value of all of the assets held in plan trusts as of December 31, 2010, and 2009 totaled $10,048 and $8,816, respectively. These assets are available for sale and as such are recorded at fair market value with changes in the fair market values being recorded in other comprehensive income. Any fair market value changes to the corresponding liability balance will be recorded as compensation expense. See Note 9 to the consolidated financial statements.

Most of the Company’s outstanding employee stock plan awards include a provision accelerating the vesting of the award in the event of a change of control. The Company also maintains a change of control protection program for its employees who do not have a significant number of stock awards, which has been in place since 2001, and which provides for cash bonuses to employees in the event of a change of control. Based on the market price of the Company’s common stock and shares outstanding on December 31, 2010, these cash bonuses would total approximately $260,000 if a control transaction occurred at that price and the Company’s Board of Directors did not modify the program. This amount has not been accrued at December 31, 2010, and would only be accrued upon a change of control. These change of control provisions may affect the price an acquirer would be willing to pay for the Company.

16.    Contingencies

The majority of the Company’s revenues are from government programs and may be subject to adjustment as a result of: (1) examination by government agencies or contractors, for which the resolution of any matters raised may take extended periods of time to finalize; (2) differing interpretations of government regulations by different Medicare contractors or regulatory authorities; (3) differing opinions regarding a patient’s medical diagnosis or the medical necessity of services provided; and (4) retroactive applications or interpretations of governmental requirements. In addition, the Company’s revenues from commercial payors may be subject to adjustment as a result of potential claims for refunds, as a result of government actions or as a result of other claims by commercial payors.

Inquiries by the Federal Government

In March 2005, the Company received a subpoena from the U.S. Attorney’s Office for the Eastern District of Missouri in St. Louis. The subpoena required production of a wide range of documents relating to the Company’s operations, including documents related to, among other things, pharmaceutical and other services

 

F-28


DAVITA INC.

NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (continued)

(dollars in thousands, except per share data)

 

provided to patients, relationships with pharmaceutical companies, and financial relationships with physicians and joint ventures. The subpoena covers the period from December 1, 1996 through the present. In October 2005, the Company received a follow-up request for additional documents related to specific medical director and joint venture arrangements. In February 2006, the Company received an additional subpoena for documents, including certain patient records relating to the administration and billing of EPO. In May 2007, the Company received a request for documents related to durable medical equipment and supply companies owned and operated by the Company. The Company is cooperating with the inquiry and has produced the requested records. The subpoenas have been issued in connection with a joint civil and criminal investigation. It is possible that criminal proceedings may be initiated against the Company in connection with this inquiry.

In February 2007, the Company received a request for information from the Office of Inspector General, U.S. Department of Health and Human Services, or OIG, for records relating to EPO claims submitted to Medicare. In August 2007, the Company received a subpoena from the OIG seeking similar documents. The requested documents relate to services provided from 2001 to 2004 by a number of the Company’s centers. The request and subpoena were sent from the OIG’s offices in Houston and Dallas, Texas. The Company has cooperated with the inquiry and has produced all previously requested records to date. The Company has been in contact with the U.S. Attorney’s Office for the Eastern District of Texas, which has stated that this is a civil inquiry related to EPO claims. On July 6, 2009, the United States District Court for the Eastern District of Texas lifted the seal on the civil qui tam complaint related to these allegations and the Company was subsequently served with a complaint by the relator. The government did not intervene and is not actively pursuing this matter. The Company believes that there is some overlap between this issue and the ongoing review of EPO utilization and claims by the U.S. Attorney’s Office for the Eastern District of Missouri in St. Louis described above.

In December 2008, the Company received a subpoena for documents from the OIG relating to the pharmaceutical products Zemplar, Hectorol, Venofer, Ferrlecit and Epogen®, or EPO, as well as other related matters. The subpoena covers the period from January 2003 to the present. The Company has been in contact with the United States Attorney’s Office, or U.S. Attorney’s Office, for the Northern District of Georgia and the U.S. Department of Justice in Washington, DC, since November 2008 relating to this matter, and has been advised that this is a civil inquiry. On June 17, 2009, the Company learned that the allegations underlying this inquiry were made as part of a civil qui tam complaint filed by individuals and brought pursuant to the federal False Claims Act. The case remains under seal in the United States District Court for the Northern District of Georgia. The Company is cooperating with the inquiry and is producing the requested records.

In May 2010, the Company received a subpoena from the OIG’s office in Dallas, Texas. The subpoena covers the period from January 1, 2005, through the present, and seeks production of a wide range of documents relating to the Company’s operations, including documents related to, among other things, financial relationships with physicians and joint ventures. The subject matter of this subpoena overlaps with the subject matter of the investigation being conducted by the United States Attorney’s Office for the Eastern District of Missouri in St. Louis as described above. The Company met with representatives of the government to discuss the scope of the subpoena and the production of responsive documents. The Company has been advised that this is a civil investigation. The Company is cooperating with the inquiry and is producing the requested records. It is possible that criminal proceedings may be initiated against the Company in connection with this inquiry.

To the Company’s knowledge, no proceedings have been initiated against the Company at this time in connection with any of the inquiries by the federal government as set forth above. Although the Company cannot predict whether or when proceedings might be initiated or when these matters may be resolved, it is not unusual for investigations such as these to continue for a considerable period of time. Responding to the subpoenas will

 

F-29


DAVITA INC.

NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (continued)

(dollars in thousands, except per share data)

 

continue to require management’s attention and significant legal expense. Any negative findings could result in substantial financial penalties against the Company, exclusion from future participation in the Medicare and Medicaid programs and, to the extent criminal proceedings may be initiated against the Company as indicated above, possible criminal penalties. At this time, the Company cannot predict the ultimate outcome of these inquiries or the potential range of damages, if any.

Other

The Company has received several notices of claims from commercial payors and other third parties related to historical billing practices and claims against DVA Renal Healthcare (formerly known as Gambro Healthcare), a subsidiary of the Company, related to historical Gambro Healthcare billing practices and other matters covered by its 2004 settlement agreement with the Department of Justice and certain agencies of the U.S. government. At least one commercial payor has filed an arbitration demand against the Company, as described below, and additional commercial payors have threatened litigation. The Company intends to defend against these claims vigorously; however, the Company may not be successful and these claims may lead to litigation and any such litigation may be resolved unfavorably. At this time, the Company cannot predict the ultimate outcome of this matter or the potential range of damages, if any.

Several wage and hour claims have been filed against the Company in the Superior Court of California, each of which has been styled as a class action. In February 2007, June 2008, October 2008 and December 2008, the Company was served with five separate complaints in California, including two in October 2008, by various former employees, each of which alleges, among other things, that the Company failed to provide rest and meal periods, failed to pay compensation in lieu of providing such rest or meal periods, failed to pay the correct amount of overtime, failed to pay the rate on the “wage statement,” and failed to comply with certain other California Labor Code requirements. The Company has reached a settlement and release of all claims against the Company in connection with the complaints served in February 2007 and December 2008 and one of the complaints served in October 2008. The Company has fully paid the settlement amount and the case has been dismissed. The overall settlement amount was not material to the Company’s consolidated financial statements. The Company has reached an agreement with plaintiffs to settle the claims in the second complaint filed in October 2008. In February 2011, the agreement was approved by the Court, and the amount of the overall settlement was not material. The Company intends to vigorously defend against the remaining claims and to vigorously oppose the certification of the remaining matters as class actions. Any potential settlements of these remaining claims are not anticipated to be material to the Company’s consolidated financial statements.

In October 2007, the Company was contacted by the Attorney General’s Office for the State of Nevada. The Attorney General’s Office informed the Company that it was conducting a civil and criminal investigation of the Company’s operations in Nevada and that the investigation related to the billing of pharmaceuticals, including EPO. In February 2008, the Attorney General’s Office informed the Company that the civil and criminal investigation had been discontinued. The Attorney General’s Office further advised the Company that Nevada Medicaid intended to conduct audits of end stage renal disease (ESRD) dialysis providers in Nevada and such audits would relate to the issues that were the subjects of the investigation. To the Company’s knowledge, no court proceedings have been initiated against the Company at this time. Any negative audit findings could result in a substantial repayment by the Company. At this time, the Company cannot predict the ultimate outcome of this matter or the potential range of damages, if any.

In August 2005, Blue Cross/Blue Shield of Louisiana filed a complaint in the United States District Court for the Western District of Louisiana against Gambro AB, DVA Renal Healthcare (formerly known as Gambro Healthcare) and related entities. The plaintiff sought to bring its claims as a class action on behalf of itself and all

 

F-30


DAVITA INC.

NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (continued)

(dollars in thousands, except per share data)

 

entities that paid any of the defendants for health care goods and services from on or about January 1991 through at least December 2004. The complaint alleged, among other things, damages resulting from facts and circumstances underlying Gambro Healthcare’s 2004 settlement agreement with the Department of Justice and certain agencies of the U.S. government. In March 2006, the case was dismissed and the plaintiff was compelled to seek arbitration to resolve the matter. In November 2006, the plaintiff filed a demand for class arbitration against the Company and DVA Renal Healthcare, a subsidiary of the Company. In February 2011, the arbitration panel denied plaintiff’s request to certify a class. The Company intends to vigorously defend against plaintiff’s remaining individual claims and any appeal that may be filed. At this time, the Company cannot predict the ultimate outcome of this matter or the potential range of damages, if any.

In June 2004, Gambro Healthcare (now known as DVA Renal Healthcare and a subsidiary of the Company) was served with a complaint filed in the Superior Court of California by one of its former employees who worked for its California acute services program. The complaint, which is styled as a class action, alleges, among other things, that DVA Renal Healthcare failed to provide overtime wages, defined rest periods and meal periods, or compensation in lieu of such provisions and failed to comply with certain other California Labor Code requirements. The Company intends to vigorously defend against these claims. The Company also intends to vigorously oppose the certification of this matter as a class action. At this time, the Company’s estimate of the range of possible damages related to this matter is immaterial to the Company’s consolidated financial statements.

In addition to the foregoing, the Company is subject to claims and suits, including from time to time, contractual disputes and professional and general liability claims, as well as audits and investigations by various government entities, in the ordinary course of business. The Company believes that the ultimate resolution of any such pending proceedings, whether the underlying claims are covered by insurance or not, will not have a material adverse effect on its financial condition, results of operations or cash flows.

17.    DaVita Inc. stock-based compensation and shareholders’ equity

Stock-based compensation

Stock-based compensation recognized in a period represents the straight-line amortization during that period of the estimated grant-date fair value of stock-based awards over their vesting terms, adjusted for expected forfeitures. Shares issued upon exercise of stock awards are generally issued from shares held in treasury.

Stock-based compensation plans and agreements

On June 7, 2010, the Company’s stockholders approved an amendment and restatement of the DaVita Inc. 2002 Equity Compensation Plan to increase the number of shares of common stock available for issuance under the plan by 10,000,000 shares.

In connection with this amendment, the Board of Directors has committed to the Company’s stockholders that over the three-year period commencing on April 1, 2010 it will not grant a number of shares subject to stock awards under the Company’s equity compensation plan, including stock options, stock appreciation rights, restricted stock units or other stock awards, at an average annual rate greater than 4.02% of the number of shares of the Company’s common stock that management believes will be outstanding over such three-year period. This 4.02% rate is the average of the 2009 and 2010 three-year average median grant rate plus one standard deviation as published by RiskMetrics Group for the Russell 3000 companies in the GICS 3510 industry segment. Awards that are settled in cash, awards that are granted pursuant to stockholder approved exchange programs, awards

 

F-31


DAVITA INC.

NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (continued)

(dollars in thousands, except per share data)

 

sold under our employee stock purchase plan and awards assumed or substituted in business combination transactions will be excluded from our grant rate calculation. For purposes of calculating the number of shares granted, any “full-value” awards (i.e., restricted stock, restricted stock unit, performance share or any other award that does not have an exercise price per share at least equal to the per share fair market value of our common stock on the grant date) will count as equivalent to 3.0 shares. The Company will publicly report its compliance with this three-year average annual grant rate commitment, and the data necessary to independently confirm it, in a public filing shortly after March 31, 2013.

The Company’s stock-based compensation plans and agreements are described below.

2002 Plan.    The DaVita Inc. 2002 Equity Compensation Plan (the 2002 Plan) is the Company’s omnibus equity compensation plan and provides for grants of stock-based awards to employees, directors and other individuals providing services to the Company, except that incentive stock options may only be awarded to employees. The 2002 Plan mandates a maximum award term of five years, and stipulates that stock appreciation rights and stock options be granted with prices not less than the fair market value on the date of grant. The 2002 Plan further requires that full share awards such as restricted stock units reduce shares available under the 2002 Plan at a rate of 3.0:1. The Company’s nonqualified stock options, stock appreciation rights and stock units awarded under the 2002 Plan generally vest over 48 to 60 months from the date of grant. At December 31, 2010, there were 11,012,487 stock-settled stock appreciation rights and 501,564 stock units outstanding and 10,908,787 shares available for future grants under the 2002 Plan.

Predecessor plans.    Various prior stock-based compensation plans were terminated upon shareholder approval of the 2002 Plan in 2002, and the 1999 Non-Executive Officer and Non-Director Equity Compensation Plan (the 1999 Plan) expired in 2009, both except with respect to option awards then outstanding. Stock options granted under these terminated plans were generally issued with exercise prices equal to the market price of the stock on the date of grant, vested over four years from the date of grant, and bore maximum award terms of five to 10 years. For these terminated plans, there were 1,000 stock options remaining outstanding under the 1999 Plan as of December 31, 2010.

Deferred stock unit agreements.    During 2001 through 2003, the Company made nonqualified stock unit awards to members of the Board of Directors and certain key executive officers under stand-alone contractual deferred stock unit agreements. These awards vested over one to four years and were settled in stock when they vested or at a later date at the election of the recipient. The last 63,636 shares subject to these agreements were issued to their recipients in 2008.

 

F-32


DAVITA INC.

NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (continued)

(dollars in thousands, except per share data)

 

A combined summary of the status of awards under these stock-based compensation plans and agreements, including base shares for stock appreciation rights and shares subject to stock option and stock unit awards, is as follows:

 

     Year ended December 31, 2010  
     Stock appreciation rights and stock options      Stock units  
     Awards     Weighted
average
exercise
price
     Weighted
average
remaining
contractual life
     Awards     Weighted
average
remaining
contractual life
 

Outstanding at beginning of year

     13,336,188      $ 49.41            69,696     

Granted

     2,037,294        64.50            467,962     

Exercised

     (4,064,277     50.06            (31,875  

Cancelled

     (295,718     50.24            (4,219  
                              

Outstanding at end of period

     11,013,487      $ 51.94         2.7         501,564        1.9   
                                          

Awards exercisable at end of period

     4,560,568      $ 49.94         1.8         6,603        0.5   
                                          

Weighted-average fair value of awards granted during 2010

   $ 15.87            $ 62.85     
                        

Weighted-average fair value of awards granted during 2009

   $ 12.08            $ 54.31     
                        

Weighted-average fair value of awards granted during 2008

   $ 11.01            $ 51.13     
                        

 

Range of exercise prices

   Awards
outstanding
     Weighted
average
exercise
price
     Awards
exercisable
     Weighted
average
exercise
price
 

$ 0.00–$ 0.00

     501,564       $ —           6,603       $ —     

$40.01–$50.00

     4,917,961         46.10         2,048,110         46.47   

$50.01–$60.00

     4,073,065         52.74         2,497,126         52.72   

$60.01–$70.00

     1,932,461         64.15         15,332         61.25   

$70.01–$80.00

     90,000         72.69         —           —     
                                   

Total

     11,515,051       $ 49.68         4,567,171       $ 49.87   
                                   

For the years ended December 31, 2010, 2009, and 2008, the aggregate intrinsic value of stock awards exercised was $67,935, $46,896 and $35,957, respectively. At December 31, 2010, the aggregate intrinsic value of stock awards outstanding was $228,440 and the aggregate intrinsic value exercisable was $89,603.

Estimated fair value of stock-based compensation awards

The Company has estimated the grant-date fair value of stock-settled stock appreciation rights awards and stock options using the Black-Scholes-Merton valuation model and stock unit awards at intrinsic value on the date of grant. The following assumptions were used in estimating these values and determining the total stock-based compensation attributable to the current period:

Expected term of the awards:    The expected term of awards granted represents the period of time that they are expected to remain outstanding from the date of grant. The Company determines the expected term of its

 

F-33


DAVITA INC.

NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (continued)

(dollars in thousands, except per share data)

 

stock awards based on its historical experience with similar awards, considering the Company’s historical exercise and post-vesting termination patterns, and the terms expected by peer companies in near industries.

Expected volatility:    Expected volatility represents the volatility anticipated over the expected term of the award. The Company determines the expected volatility for its awards based on the volatility of the price of its common stock over the most recent retrospective period commensurate with the expected term of the award, considering the volatility expectations implied by the market price of its exchange-traded options and the volatilities expected by peer companies in near industries.

Expected dividend yield:    The Company has not paid dividends on its common stock and does not currently expect to pay dividends during the term of stock awards granted.

Risk-free interest rate:    The Company bases the expected risk-free interest rate on the implied yield currently available on stripped interest coupons of U.S. Treasury issues with a remaining term equivalent to the expected term of the award.

A summary of the weighted average valuation inputs described above used for estimating the grant-date fair value of stock options and stock-settled stock appreciation rights granted in the periods indicated is as follows:

 

     Year ended December 31,  
     2010     2009     2008  

Expected term

     3.5 years        3.5 years        3.4 years   

Expected volatility

     30     32     27

Expected dividend yield

     0.0     0.0     0.0

Risk-free interest rate

     1.7     1.8     2.4

The Company estimates expected forfeitures based upon historical experience with separate groups of employees that have exhibited similar forfeiture behavior in the past. Stock-based compensation expense is recorded only for awards that are expected to vest.

Employee stock purchase plan

The Employee Stock Purchase Plan entitles qualifying employees to purchase up to $25 of the Company’s common stock during each calendar year. The amounts used to purchase stock are accumulated through payroll withholdings or through optional lump sum payments made in advance of the first day of the purchase right period. This compensatory plan allows employees to purchase stock for the lesser of 100% of the fair market value on the first day of the purchase right period or 85% of the fair market value on the last day of the purchase right period. Purchase right periods begin on January 1 and July 1, and end on December 31. Payroll withholdings and lump-sum payments related to the plan, included in accrued compensation and benefits that were used to purchase the Company’s common stock were $4,933, $4,280, and $4,522 at December 31, 2010, 2009 and 2008, respectively. Subsequent to December 31, 2010, 2009 and 2008, 83,865, 86,213 and 107,340 shares, respectively, were issued to satisfy obligations under the plan. At December 31, 2010, there were 878,887 shares available for future grants under this plan.

The fair value of employees’ purchase rights was estimated as of the beginning dates of the purchase right periods using the Black-Scholes-Merton valuation model with the following weighted average assumptions for purchase right periods in 2010, 2009 and 2008, respectively: expected volatility of 22%, 34% and 24%; risk-free

 

F-34


DAVITA INC.

NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (continued)

(dollars in thousands, except per share data)

 

interest rate of 0.3%, 0.2% and 2.5%, and no dividends. Using these assumptions, the weighted average estimated fair value of these purchase rights was $13.80, $13.90 and $13.65 for 2010, 2009 and 2008, respectively.

Stock-based compensation expense and proceeds

For the years ended December 31, 2010, 2009 and 2008, the Company recognized $45,551, $44,422 and $41,235, respectively, in stock-based compensation expense for stock settled-stock appreciation rights, stock options, stock units and discounted employee stock plan purchases, which is primarily included in general and administrative expenses. The estimated tax benefits recorded for this stock-based compensation in 2010, 2009 and 2008 were $17,273, $16,810 and $15,609, respectively. As of December 31, 2010, there was $83,064 of total estimated unrecognized compensation cost related to nonvested stock-based compensation arrangements under the Company’s equity compensation and stock purchase plans. The Company expects to recognize this cost over a weighted average remaining period of 1.4 years.

During the years ended December 31, 2010, 2009 and 2008, the Company received $48,686, $63,653 and $35,606 in cash proceeds from stock option exercises and $26,706, $18,241 and $13,988 in total actual tax benefits upon the exercise of stock awards, respectively.

Stock repurchases

During 2010 and 2009, the Company repurchased a total of 8,918,760 and 2,902,619 shares of its common stock for $618,496 and $153,495, or an average price of $69.35 and $52.88 per share respectively, pursuant to previously announced authorizations by the Board of Directors. On November 3, 2010, the Company announced that its Board of Directors authorized an increase of an additional $800,000 of share repurchases of its common stock. As a result of these transactions the total outstanding authorization for share repurchases as of December 31, 2010 was $681,524. The Company has not repurchased any additional shares of its common stock through February 25, 2011. This stock repurchase program has no expiration date.

Shareholder rights plan

The Company’s Board of Directors approved a shareholder rights plan on November 14, 2002. This plan is designed to assure that DaVita Inc.’s shareholders receive fair treatment in the event of any proposed takeover of DaVita Inc.

Pursuant to this plan, the Board approved the declaration of a dividend distribution of one common stock purchase right for each outstanding share of its common stock payable on December 10, 2002 to holders of record of DaVita Inc. common stock on November 29, 2002. This rights distribution was not taxable to DaVita Inc.’s shareholders. As a result of the stock split that occurred during the second quarter of 2004, two-thirds of a right are now attached to each share of the Company’s common stock. Two-thirds of a right will also attach to each newly issued or reissued share of common stock. These rights will become exercisable if a person or group acquires, or announces a tender offer for, 15% or more of DaVita Inc.’s outstanding common stock. The triggering person’s stock purchase rights will become void at that time and will not become exercisable.

Each right initially entitles its holder to purchase one share of common stock from the Company at a price of $125.00. If the rights become exercisable, and subject to adjustment for authorized shares available, each purchase right will then entitle its holder to purchase $125.00 of common stock at a price per share equal to 50% of the average daily closing price of the Company’s common stock for the immediately preceding 30 consecutive

 

F-35


DAVITA INC.

NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (continued)

(dollars in thousands, except per share data)

 

trading days. If DaVita Inc. is acquired in a merger or other business combination transaction after the rights become exercisable, provisions will be made to allow the holder of each right to purchase $125.00 of common stock from the acquiring company at a price equal to 50% of the average daily closing price of that company’s common stock for the immediately preceding 30 consecutive trading days.

The Board of Directors may elect to redeem the rights at $0.01 per purchase right at any time prior to, or exchange common stock for the rights at an exchange ratio of one share per right at any time after, a person or group acquires or announces a tender offer for 15% or more of DaVita Inc.’s outstanding common stock. The exercise price, number of shares, redemption price or exchange ratio associated with each right may be adjusted as appropriate upon the occurrence of certain events, including any stock split, stock dividend or similar transaction. These purchase rights will expire no later than November 14, 2012.

Charter documents & Delaware law

The Company’s charter documents include provisions that may deter hostile takeovers, delay or prevent changes of control or changes in management, or limit the ability of stockholders to approve transactions that they may otherwise determine to be in their best interests. These include provisions prohibiting stockholders from acting by written consent, requiring 90 days advance notice of stockholder proposals or nominations to the Board of Directors and granting the Board of Directors the authority to issue up to five million shares of preferred stock and to determine the rights and preferences of the preferred stock without the need for further stockholder approval.

The Company is also subject to Section 203 of the Delaware General Corporation Law that, subject to exceptions, would prohibit the Company from engaging in any business combinations with any interested stockholder, as defined in that section, for a period of three years following the date on which that stockholder became an interested stockholder. These restrictions may discourage, delay or prevent a change in the control of the Company.

Changes in DaVita Inc.’s ownership interest in consolidated subsidiaries

The effects of changes in DaVita Inc.’s ownership interest on the Company’s equity are as follows:

 

     Year ended
December 31,
2010
    Year ended
December 31,
2009
 

Net income attributable to DaVita Inc.

   $ 405,683      $ 422,684   
                

Decrease in paid-in capital for sales of noncontrolling interest in six and eleven joint ventures, respectively

     (298     (529

Decrease in paid-in capital for the purchase of a noncontrolling interest in six and six joint ventures, respectively

     (5,537     (3,721
                

Net transfer to noncontrolling interests

     (5,835     (4,250
                

Change from net income attributable to DaVita Inc. and transfers to noncontrolling interests

   $ 399,848      $ 418,434   
                

During 2009, the Company contributed cash and assets in two centers that were previously wholly-owned in exchange for an equity investment of 40% in a newly formed joint venture valued at $3,600. The Company recognized a pre-tax loss of $1,928 and deconsolidated these centers as a result of the transaction. In 2009, the

 

F-36


DAVITA INC.

NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (continued)

(dollars in thousands, except per share data)

 

Company also sold its controlling financial interest in one entity that contained one center which was previously wholly-owned to an existing joint venture in which the Company owns a 50% equity investment for $1,750 and recognized a pre-tax loss of $1,408. The Company deconsolidated this entity as a result of this transaction. The Company was also required to contribute $1,000 to the joint venture. The estimated fair values of the retained equity investments for both of these transactions were based upon valuation techniques as determined by an outside appraiser. The recognized pre-tax losses for both transactions were recorded in patient care costs in the consolidated statement of income.

18.    Other comprehensive income

Charges and credits to other comprehensive income have been as follows:

 

     2008  
     Before tax
amount
    Tax (expense)
benefit
    Net-of-tax
amount
 

Unrealized losses on interest rate swaps

   $ (21,190   $ 8,243      $ (12,947

Less reclassification of net swap realized losses into net income

     4,239        (1,649     2,590   
                        

Net swap activity

     (16,951     6,594        (10,357
                        

Unrealized losses on investments

     (1,922     748        (1,174

Less reclassification of net investment realized gains into net income

     (486     189        (297
                        

Net investment activity

     (2,408     937        (1,471
                        

Total

   $ (19,359   $ 7,531      $ (11,828
                        

 

     2009  
     Before tax
amount
    Tax (expense)
benefit
    Net-of-tax
amount
 

Unrealized losses on interest rate swaps

   $ (4,220   $ 1,642      $ (2,578

Less reclassification of net swap realized losses into net income

     17,253        (6,711     10,542   
                        

Net swap activity

     13,033        (5,069     7,964   
                        

Unrealized gains on investments

     1,614        (628     986   

Less reclassification of net investment realized gains into net income

     (261     102        (159
                        

Net investment activity

     1,353        (526     827   
                        

Total

   $ 14,386      $ (5,595   $ 8,791   
                        

 

     2010  
     Before tax
amount
    Tax (expense)
benefit
    Net-of-tax
amount
 

Unrealized losses on interest rate swaps

   $ (217   $ 83      $ (134

Less reclassification of net swap realized losses into net income

     9,093        (3,536     5,557   
                        

Net swap activity

     8,876        (3,453     5,423   
                        

Unrealized gains on investments

     1,007        (392     615   

Less reclassification of net investment realized losses into net income

     22        (9     13   
                        

Net investment activity

     1,029        (401     628   
                        

Total

   $ 9,905      $ (3,854   $ 6,051   
                        

 

F-37


DAVITA INC.

NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (continued)

(dollars in thousands, except per share data)

 

Changes in accumulated other comprehensive income (loss) has been as follows:

 

     Interest rate
swaps
    Investment
securities
    Accumulated
other
comprehensive
income
 

Balance December 31, 2008

   $ (13,387   $ (952   $ (14,339

Net activity

     7,964        827        8,791   
                        

Balance December 31, 2009

   $ (5,423   $ (125   $ (5,548

Net activity

     5,423        628        6,051   
                        

Balance December 31, 2010

   $ —        $ 503      $ 503   
                        

19.    Acquisitions

On February 4, 2011, the Company entered into a definitive agreement to acquire all of the outstanding equity securities of CDSI I Holding Company, Inc., parent company of dialysis provider DSI Renal, Inc. (DSI), in cash for approximately $689,200, subject to among other things, adjustments for certain items such as working capital, the purchase of noncontrolling interests, capital assets and acquisitions expenditures. DSI currently operates approximately 106 outpatient dialysis centers serving approximately 8,000 patients. The transaction is subject to approval by the Federal Trade Commission (FTC) including Hart-Scott-Rodino antitrust clearance. The Company anticipates that it will be required by the FTC to divest a certain number of outpatient dialysis centers as a condition of the transaction. The transaction is expected to close in the second or third quarter of fiscal 2011.

During 2010, 2009, and 2008, the Company acquired dialysis and other businesses as follows:

 

     Year ended December 31,  
     2010      2009      2008  

Cash paid, net of cash acquired

   $ 188,502       $ 87,617       $ 101,959   

Deferred purchase price and other acquisition obligations

     449         338         2,286   
                          

Aggregate purchase cost

   $ 188,951       $ 87,955       $ 104,245   
                          

Number of chronic dialysis centers acquired

     41         19         20   
                          

In addition in 2010 and 2009, the Company also acquired additional ownership interests in several existing majority-owned joint ventures for $14,214 and $6,859, respectively. In 2008, the Company also acquired an 80% ownership interest in one vascular access clinic for $11,221 and in addition, purchased additional ownership interests in several existing majority-owned joint ventures for $24,409. The assets and liabilities for all acquisitions were recorded at their estimated fair values at the dates of the acquisitions and are included in the Company’s financial statements and operating results from the effective dates of the acquisitions.

The initial purchase cost allocations for acquired businesses are recorded at fair values based upon the best information available to management and are finalized when identified pre-acquisition contingencies have been resolved and other information arranged to be obtained has been received, but in no case in excess of one year from the acquisition date.

 

F-38


DAVITA INC.

NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (continued)

(dollars in thousands, except per share data)

 

The aggregate purchase cost allocations for dialysis and other related businesses were as follows:

 

     Year ended December 31,  
     2010     2009     2008  

Tangible assets, principally leasehold improvements and equipment

   $ 21,257      $ 11,140      $ 7,972   

Amortizable intangible assets

     18,300        6,703        9,988   

Goodwill

     152,252        78,199        89,234   

Noncontrolling interests assumed

     (1,171     (7,567     (2,732

Liabilities assumed

     (1,687     (520     (217
                        

Aggregate purchase cost

   $ 188,951      $ 87,955      $ 104,245   
                        

Amortizable intangible assets acquired during 2010, 2009 and 2008 had weighted-average estimated useful lives of nine, seven and nine years, respectively. In 2010 and 2009, $152,252 and $78,199 of goodwill was associated with the dialysis and related lab services business. In 2008, $76,522 of goodwill was associated with the dialysis and related lab services business and $12,712 was associated with the ancillary services and strategic initiatives. The total amount of goodwill deductible for tax purposes associated with these acquisitions for 2010, 2009, and 2008 was approximately $154,000, $72,000 and $109,000, respectively.

Pro forma financial information

The following summary, prepared on a pro forma basis, combines the results of operations as if all acquisitions in 2010 and 2009 had been consummated as of the beginning of 2009, after including the impact of certain adjustments such as amortization of intangibles, interest expense on acquisition financing and income tax effects.

 

     Year ended December 31,  
     2010      2009  
     (unaudited)  

Pro forma net revenues

   $ 6,516,044       $ 6,288,217   

Pro forma net income attributable to DaVita Inc.

     417,818         436,420   

Pro forma income from continuing operations attributable to DaVita Inc.

     417,818         436,420   

Pro forma basic net income per share attributable to DaVita Inc.

     4.12         4.21   

Pro forma diluted net income per share attributable to DaVita Inc.

     4.05         4.19   

20.    Variable interest entities

Effective January 1, 2010, the FASB eliminated the quantitative approach previously required for determining the primary beneficiary of a variable interest entity, and required additional disclosures about an enterprise’s involvement in variable interest entities. An entity is required to perform an analysis to determine whether the enterprise’s variable interest or interests give it a controlling financial interest in a variable interest entity by having both the power to direct the activities of a variable interest entity that most significantly impact the entity’s economic performance and the obligation to absorb losses of the entity, or the right to receive benefits from the entity. In addition, the FASB established new guidance for determining whether an entity is a variable interest entity, requiring an ongoing reassessment of whether an enterprise is the primary beneficiary of a variable interest entity, and adding an additional reconsideration event for determining whether an entity is a variable interest entity when any changes in facts and circumstances occur such that the holders of the equity investment at risk, as a group, lose the power from voting rights or similar rights of those investments to direct

 

F-39


DAVITA INC.

NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (continued)

(dollars in thousands, except per share data)

 

the activities of the entity that most significantly impact the entity’s economic performance. Except for the new disclosures requirements, there was no impact to the Company’s financial statements as a result of implementing these new requirements.

The Company is deemed to be the primary beneficiary of all of the variable interest entities (“VIEs”) with which it is associated. These VIEs are principally operating subsidiaries owned by related party nominee owners for the Company’s benefit in jurisdictions in which the Company does not qualify for direct ownership under applicable regulations or joint ventures that require subordinated support in addition to their equity capital to finance operations. These include both dialysis operations and physician practice management entities.

Under the terms of the applicable arrangement, the Company bears substantially all of the economic risks and rewards of ownership for these operating VIE’s. In some cases, the Company has contractual arrangements with its respective related party nominee owners which indemnify them from the economic losses, and entitle the Company to the economic benefits, that may result from ownership of these VIE’s. DaVita Inc. manages these VIE’s and provides operating and capital funding as necessary to accomplish their operational and strategic objectives. Accordingly, since the Company bears the majority of the risks and rewards attendant to their ownership, the Company consolidates these VIE’s as their primary beneficiary.

Total assets of these consolidated operating VIEs were approximately $6,000 and their liabilities to unrelated third parties were approximately $6,000 at December 31, 2010.

The Company also sponsors certain deferred compensation plans whose trusts qualify as VIEs and as their primary beneficiary the Company consolidates each of these plans. The assets of these plans are recorded in short-term or long-term investments with matching offsetting liabilities in accrued compensation and benefits and other long-term liabilities. See Note 9 for disclosures on the assets of these consolidated non-qualified deferred compensation plans.

21.    Concentrations

Approximately 66% of the Company’s total dialysis and related lab services revenues in 2010, 65% in 2009 and 65% in 2008 are from government-based programs, principally Medicare and Medicaid. Accounts receivable and other receivables, from Medicare, including Medicare-assigned plans, and Medicaid, including Medicaid-assigned plans, were approximately $554,300 and $467,900, respectively as of December 31, 2010 and 2009. No other single payor accounted for more than 5% of total accounts receivable.

A significant physician-prescribed pharmaceutical administered during dialysis, EPO, is provided by a sole supplier and accounted for approximately 18% of the dialysis and related lab services net operating revenues. Although the Company currently receives discounted prices for EPO, the supplier has unilateral pricing discretion and in the future the Company may not be able to achieve the same cost levels historically obtained.

22.    Noncontrolling interests subject to put provisions and other commitments

Noncontrolling interests subject to put provisions

The Company has potential obligations to purchase the noncontrolling interests held by third parties in several of its joint ventures and non-wholly-owned subsidiaries. These obligations are in the form of put provisions and are exercisable at the third-party owners’ discretion within specified periods as outlined in each specific put provision. If these put provisions were exercised, the Company would be required to purchase the

 

F-40


DAVITA INC.

NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (continued)

(dollars in thousands, except per share data)

 

third-party owners’ noncontrolling interests at either the appraised fair market value or a predetermined multiple of earnings or cash flow attributable to the noncontrolling interests put to the Company, which is intended to approximate fair value. The methodology the Company uses to estimate the fair values of noncontrolling interests subject to put provisions assumes either the higher of a liquidation value of net assets or an average multiple of earnings, based on historical earnings, patient mix and other performance indicators, as well as other factors. During the second quarter of 2010, the Company refined its methodology used to estimate the fair value of noncontrolling interests subject to put provisions by eliminating an annual inflation factor that was previously applied to the put provisions until they became exercisable. The Company believes that eliminating an annual inflation factor will result in a better representation of the estimated actual fair value of the noncontrolling interests subject to put provisions as of the reporting date. The estimated fair values of the noncontrolling interests subject to put provisions can fluctuate and the implicit multiple of earnings at which these noncontrolling interests obligations may be settled will vary significantly depending upon market conditions including potential purchasers’ access to the capital markets, which can impact the level of competition for dialysis and non-dialysis related businesses, the economic performance of these businesses and the restricted marketability of the third-party owners’ noncontrolling interests. The amount of noncontrolling interests subject to put provisions that contractually employ a predetermined multiple of earnings rather than fair value are immaterial.

Additionally, the Company has certain other potential commitments to provide operating capital to several dialysis centers that are wholly-owned by third parties or centers in which the Company owns a minority equity investment as well as to physician-owned vascular access clinics that the Company operates under management and administrative service agreements of approximately $2,100.

Certain consolidated joint ventures are contractually scheduled to dissolve after terms ranging from ten to fifty years. Accordingly, the noncontrolling interests in these joint ventures are considered mandatorily redeemable instruments, for which the classification and measurement requirements have been indefinitely deferred. Future distributions upon dissolution of these entities would be valued below the related noncontrolling interest carrying balances in the consolidated balance sheet.

Other commitments

In conjunction with the acquisition of DVA Renal Healthcare, Inc., formerly known as Gambro Healthcare, Inc., which occurred in October 2005, the Company entered into an Alliance and Product Supply Agreement (the Product Supply Agreement) with Gambro AB and Gambro Renal Products, Inc (Gambro Renal Products). Because the Product Supply Agreement results in higher costs for most of the products covered by the Product Supply Agreement than would otherwise be available to the Company, the Product Supply Agreement represented an intangible liability initially valued at $162,100 as of the acquisition date.

The Product Supply Agreement committed the Company to purchase a significant majority of its hemodialysis products, supplies and equipment at fixed prices through 2015. The agreement was amended in 2006 (the Amended Product Supply Agreement) to reduce the Company’s purchase obligations for certain hemodialysis product supplies and equipment, and in 2007, the Company terminated its obligation to purchase certain dialysis machines under the Amended Product Supply Agreement. However, the Company continues to be subject to the Product Supply Agreement’s requirements to purchase a majority of its hemodialysis non-equipment product supplies, such as dialyzers, from Gambro at fixed prices.

During 2010, 2009 and 2008, the Company purchased $115,682, $87,983 and $83,360 of hemodialysis product supplies from Gambro Renal Products, representing 2% of the Company’s total operating costs, for all years presented.

 

F-41


DAVITA INC.

NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (continued)

(dollars in thousands, except per share data)

 

The centers acquired from Gambro Healthcare were subject to a five-year Corporate Integrity Agreement in connection with its December 2004 settlement with the U.S. Government that imposed significant specific compliance operating and reporting requirements, and required an annual audit by an independent reporting organization. The corporate integrity agreement expired on November 30, 2009. The Company submitted its final annual report to the Office of the Inspector General, U.S. Department of Health and Human Services on January 14, 2010. On February 16, 2010, the Company was informed by the OIG that it has received the Company’s final annual report and determined that DVA Renal Healthcare, a wholly-owned subsidiary of the Company, complied with the terms of the corporate integrity agreement during the final reporting period and that the Fifth Annual Report is complete. The five year term of the corporate integrity agreement has now concluded and DVA Renal Healthcare is no longer subject to its terms.

In January 2010, the Company entered into an agreement with Fresenius which committed the Company to purchase a certain amount of dialysis equipment, parts and supplies from them through 2013. During 2010, the Company purchased $103,183 of certain equipment, parts and supplies from Fresenius.

In July 2010, the Company announced that it will construct a new corporate headquarters in Denver, Colorado. In July 2010, the Company acquired the land and existing improvements for approximately $12,000. Effective December 18, 2010, the Company entered into a construction agreement for the construction of the new building. The Company currently estimates the total construction costs and other project costs of the building will be approximately $95,000. Construction is expected to begin in early 2011, and is estimated to be complete in the second half of 2012. In 2010, the Company paid architecture and other design costs totaling approximately $5,000.

Other than operating leases disclosed in Note 14 to the consolidated financial statements, the letters of credit disclosed in Note 13 to the consolidated financial statements, and the arrangements as described above, the Company has no off balance sheet financing arrangements as of December 31, 2010.

23.    Fair values of financial instruments

Effective December 15, 2009, FASB amended certain fair value disclosure requirements to include additional disclosures related to significant transfers in and out of the various fair value hierarchy levels and to clarify existing disclosures by providing disaggregate levels for each class of assets and liabilities. The Company is also required to provide additional disclosures on the valuation techniques and inputs used to measure fair value, as well as changes to the valuation techniques and inputs, for both recurring and nonrecurring assets and liabilities carried at fair value. In addition, the Company is also required to disclose the reason for making changes to its valuation techniques, assumptions and or other unobservable market inputs. Certain other disclosures on reporting the gross activity rather than the net activity for Level 3 fair value measurements is effective for fiscal years beginning after December 31, 2010. See Note 22 to the consolidated financial statements for further discussion. The adoption of this standard will not have a material impact on the Company’s consolidated financial statements.

 

F-42


DAVITA INC.

NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (continued)

(dollars in thousands, except per share data)

 

The following tables summarize the Company’s assets, liabilities and temporary equity measured at fair value on a recurring basis as of December 31, 2010 and 2009:

 

     December 31, 2010  
     Total      Quoted prices in
active markets for
identical assets
(Level 1)
     Significant other
observable inputs
(Level 2)
     Significant
unobservable
inputs
(Level 3)
 

Assets

           

Available for sale securities

   $ 10,048       $ 10,048       $ —         $ —     
                                   

Temporary equity

           

Noncontrolling interests subject to put provisions

   $ 383,052       $ —         $ —         $ 383,052   
                                   

 

     December 31, 2009  
     Total      Quoted prices in
active markets for
identical assets
(Level 1)
     Significant other
observable inputs
(Level 2)
     Significant
unobservable
inputs
(Level 3)
 

Assets

           

Available for sale securities

   $ 8,816       $ 8,816       $ —         $ —     
                                   

Liabilities

           

Interest rate swap agreements

   $ 10,792       $ —         $ 10,792       $ —     
                                   

Temporary equity

           

Noncontrolling interests subject to put provisions

   $ 331,725       $ —         $ —         $ 331,725   
                                   

The available for sale securities represent investments in various open-ended registered investment companies, or mutual funds, and are recorded at fair value based upon the quoted market prices as reported by each mutual fund. See Note 9 to the consolidated financial statements for further discussion.

See Note 22 to the consolidated financial statements for a discussion of the Company’s methodology for estimating the fair value of noncontrolling interests subject to put obligations.

Other financial instruments consist primarily of cash, accounts receivable, accounts payable, other accrued liabilities and debt. The balances of the non-debt financial instruments are presented in the consolidated financial statements at December 31, 2010 and 2009 at their approximate fair values due to the short-term nature of their settlements. The carrying balance of the Company’s Senior Secured Credit Facilities totaled $2,741,619 as of December 31, 2010, and the fair value was $2,765,625 based upon quoted market prices. The fair value of the Company’s senior notes was approximately $1,530,625 at December 31, 2010 based upon quoted market prices, as compared to the carrying amount of $1,550,000.

24.    Segment reporting

The Company operates principally as a dialysis and related lab services business but also operates other ancillary services and strategic initiatives. These ancillary services and strategic initiatives consist primarily of pharmacy services, infusion therapy services, disease management services, vascular access services, ESRD

 

F-43


DAVITA INC.

NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (continued)

(dollars in thousands, except per share data)

 

clinical research programs and physician services. For internal management reporting the dialysis and related lab services business and each of the ancillary services and strategic initiatives have been defined as separate operating segments by management since separate financial information is regularly produced and reviewed by the Company’s chief operating decision maker in making decisions about allocating resources and assessing financial results. The Company’s chief operating decision maker is its Chief Executive Officer. The dialysis and related lab services business qualifies as a separately reportable segment and all of the other ancillary services and strategic initiatives operating segments have been combined and disclosed in the other segments category.

The Company’s operating segment financial information is prepared on an internal management reporting basis that the Chief Executive Officer uses to allocate resources and analyze the performance of the operating segments. For internal management reporting, segment operations include direct segment operating expenses with the exception of stock-based compensation expense and equity investment income.

The following is a summary of segment revenues, segment operating margin (loss), and a reconciliation of segment margin to income before income taxes:

 

     Years ended December 31,  
     2010     2009(2)     2008(2)  

Segment revenues:

      

Dialysis and related lab services(1)

   $ 6,072,894      $ 5,791,729      $ 5,415,363   

Other—Ancillary services and strategic initiatives

     374,497        317,071        244,810   
                        

Consolidated revenues

   $ 6,447,391      $ 6,108,800      $ 5,660,173   
                        

Segment operating margin (loss):

      

Dialysis and related lab services

   $ 1,039,165      $ 994,477      $ 939,391   

Other—Ancillary services and strategic initiatives

     (5,586     (12,226     (29,856
                        

Total segment margin

     1,033,579        982,251        909,535   

Reconciliation of segment margin to income before income taxes:

      

Stock-based compensation

     (45,551     (44,422     (41,235

Equity investment income

     8,999        2,442        796   
                        

Consolidated operating income

     997,027        940,271        869,096   

Debt expense

     (181,607     (185,755     (224,716

Debt refinancing and redemption charges

     (74,382     —          —     

Other income

     3,420        3,708        12,411   
                        

Consolidated income before income taxes

   $ 744,458      $ 758,224      $ 656,791   
                        

 

(1) Includes management fees for providing management and administrative services to dialysis centers in which the Company either owns a minority equity investment or are wholly-owned by third parties.
(2) Certain costs previously reported in the Ancillary Services and Strategic Initiatives have been reclassified to the dialysis and related lab services to conform to the current year presentation.

Depreciation and amortization expense for the dialysis and related lab services for 2010, 2009 and 2008 were $227,677, $221,907 and $210,143, respectively, and were $6,701, $7,079 and $6,774, respectively, for the ancillary services and strategic initiatives.

 

F-44


DAVITA INC.

NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (continued)

(dollars in thousands, except per share data)

 

Summary of assets by segment is as follows:

 

     December 31,  
     2010      2009  

Segment assets

     

Dialysis and related lab services

   $ 7,862,882       $ 7,311,604   

Other—Ancillary services and strategic initiatives

     225,624         224,001   

Equity investments

     25,918         22,631   
                 

Consolidated assets

   $ 8,114,424       $ 7,558,236   
                 

In 2010 and 2009, the total amount of expenditures for property and equipment for the dialysis and related lab services were $271,559 and $271,817, respectively, and were $7,226 and $2,788, respectively, for the ancillary services and strategic initiatives.

25.    Supplemental cash flow information

The table below provides supplemental cash flow information:

 

     Year ended December 31,  
     2010      2009      2008  

Cash paid:

        

Income taxes

   $ 207,265       $ 161,671       $ 163,147   

Interest

     190,949         186,280         222,558   

Non-cash investing and financing activities:

        

Fixed assets under capital lease obligations

     3,983         —           —     

Assets exchanged for equity investments

     —           2,618         —     

Assets received for additional noncontrolling interests

     —           51         —     

Issuance of noncontrolling interests

     1,139         —           —     

26.    Selected quarterly financial data (unaudited)

 

    2010     2009  
    December 31     September 30     June 30     March 31     December 31     September 30     June 30     March 31  

Net operating revenues

  $ 1,649,417      $ 1,651,649      $ 1,586,907      $ 1,559,418      $ 1,568,204      $ 1,573,915      $ 1,519,041      $ 1,447,640   

Operating income

    255,405        256,591        242,365        242,666        238,712        245,001        235,954        220,604   

Income before income taxes

    132,362        217,860        195,322        198,914        194,563        200,465        190,139        173,057   

Net income attributable to DaVita Inc.

    69,020        119,387        107,853        109,423        109,724        110,930        105,819        96,211   

Basic earnings per share attributable to DaVita Inc.

    0.71        1.16        1.05        1.05        1.07        1.07        1.02        0.93   

Diluted earnings per share attributable to DaVita Inc.

  $ 0.70      $ 1.15      $ 1.04      $ 1.04      $ 1.06      $ 1.06      $ 1.02      $ 0.92   

 

F-45


DAVITA INC.

NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (continued)

(dollars in thousands, except per share data)

 

27.    Consolidating financial statements

The following information is presented in accordance with Rule 3-10 of Regulation S-X. The operating and investing activities of the separate legal entities included in the Company’s consolidated financial statements are fully interdependent and integrated. Revenues and operating expenses of the separate legal entities include intercompany charges for management and other services. The senior notes were issued by the Company on October 20, 2010 and are guaranteed by substantially all of its direct and indirect domestic wholly-owned subsidiaries. Each of the guarantor subsidiaries has guaranteed the notes on a joint and several, full and unconditional basis. Non-wholly-owned subsidiaries, certain wholly-owned subsidiaries, foreign subsidiaries, joint ventures, partnerships and third parties are not guarantors of these obligations.

Consolidating Statements of Income

 

     DaVita Inc.     Guarantor
Subsidiaries
    Non-
Guarantor
Subsidiaries
    Consolidating
Adjustments
    Consolidated
Total
 

For the year ended December 31, 2010

          

Net operating revenues

   $ 431,780      $ 5,203,528      $ 1,289,521      $ (477,438   $ 6,447,391   

Operating expenses

     259,302        4,623,508        1,044,992        (477,438     5,450,364   
                                        

Operating income

     172,478        580,020        244,529        —          997,027   

Debt (expense)

     (257,243     (163,034     (1,277     165,565        (255,989

Other income, net

     165,934        1,837        1,214        (165,565     3,420   

Income tax expense

     31,656        220,982        7,601        —          260,239   

Equity earnings in subsidiaries

     356,170        157,278        —          (513,448     —     
                                        

Net income

     405,683        355,119        236,865        (513,448     484,219   

Less: Net income attributable to noncontrolling interests

     —          —          —          (78,536     (78,536
                                        

Net income attributable to DaVita Inc.

   $ 405,683      $ 355,119      $ 236,865      $ (591,984   $ 405,683   
                                        

For the year ended December 31, 2009

          

Net operating revenues

   $ 401,058      $ 5,012,311      $ 1,149,074      $ (453,643   $ 6,108,800   

Operating expenses

     246,578        4,381,211        994,383        (453,643     5,168,529   
                                        

Operating income

     154,480        631,100        154,691        —          940,271   

Debt (expense)

     (188,109     (181,853     (1,721     185,928        (185,755

Other income, net

     186,189        2,720        727        (185,928     3,708   

Income tax expense

     60,414        218,733        (682     —          278,465   

Equity earnings in subsidiaries

     330,538        94,964        —          (425,502     —     
                                        

Net income

     422,684        328,198        154,379        (425,502     479,759   

Less: Net income attributable to noncontrolling interests

     —          —          —          (57,075     (57,075
                                        

Net income attributable to DaVita Inc.

   $ 422,684      $ 328,198      $ 154,379      $ (482,577   $ 422,684   
                                        

For the year ended December 31, 2008

          

Net operating revenues

   $ 363,112      $ 4,725,932      $ 986,996      $ (415,867   $ 5,660,173   

Operating expenses

     228,729        4,109,033        869,182        (415,867     4,791,077   
                                        

Operating income

     134,383        616,899        117,814        —          869,096   

Debt (expense)

     (227,535     (210,030     (2,874     215,723        (224,716

Other income, net

     206,488        4,579        17,067        (215,723     12,411   

Income tax expense

     43,748        191,273        450        —          235,471   

Equity earnings in subsidiaries

     304,572        82,469        —          (387,041     —     
                                        

Net income

     374,160        302,644        131,557        (387,041     421,320   

Less: Net income attributable to noncontrolling interests

     —          —          —          (47,160     (47,160
                                        

Net income attributable to DaVita Inc.

   $ 374,160      $ 302,644      $ 131,557      $ (434,201   $ 374,160   
                                        

 

F-46


DAVITA INC.

NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (continued)

(dollars in thousands, except per share data)

 

Consolidating Balance Sheets

 

     DaVita Inc.      Guarantor
Subsidiaries
     Non-
Guarantor
Subsidiaries
     Consolidating
Adjustments
    Consolidated
Total
 

As of December 31, 2010

             

Cash and cash equivalents

   $ 856,803       $ —         $ 3,314       $ —        $ 860,117   

Accounts receivable, net

     —           895,955         153,021         —          1,048,976   

Other current assets

     11,231         653,670         48,860         —          713,761   
                                           

Total current assets

     868,034         1,549,625         205,195         —          2,622,854   

Property and equipment, net

     30,409         888,927         251,472         —          1,170,808   

Amortizable intangible assets, net

     58,967         98,795         4,873         —          162,635   

Investments in subsidiaries

     6,154,398         555,579         —           (6,709,977     —     

Intercompany receivables

     —           516,286         208,030         (724,316     —     

Other long-term assets and investments

     8,951         56,996         873         —          66,820   

Goodwill

     —           3,731,983         359,324         —          4,091,307   
                                           

Total assets

   $ 7,120,759       $ 7,398,191       $ 1,029,767       $ (7,434,293   $ 8,114,424   
                                           

Current liabilities

   $ 61,384       $ 786,114       $ 76,847       $ —        $ 924,345   

Intercompany payables

     611,919         —           112,397         (724,316     —     

Long-term debt and other long-term liabilities

     4,210,703         539,620         19,570         —          4,769,893   

Noncontrolling interests subject to put provisions

     258,331         —           —           124,721        383,052   

Total DaVita Inc. shareholders’ equity

     1,978,422         6,072,457         637,520         (6,709,977     1,978,422   

Noncontrolling interest not subject to put provisions

     —           —           183,433         (124,721     58,712   
                                           

Total equity

     1,978,422         6,072,457         820,953         (6,834,698     2,037,134   
                                           

Total liabilities and equity

   $ 7,120,759       $ 7,398,191       $ 1,029,767       $ (7,434,293   $ 8,114,424   
                                           

As of December 31, 2009

             

Cash and cash equivalents

   $ 534,550       $ —         $ 4,909       $ —        $ 539,459   

Accounts receivable, net

     —           943,236         162,667         —          1,105,903   

Other current assets

     15,619         593,472         48,068         —          657,159   
                                           

Total current assets

     550,169         1,536,708         215,644         —          2,302,521   

Property and equipment, net

     11,232         850,985         242,708         —          1,104,925   

Amortizable intangible assets, net

     30,212         102,112         4,408         —          136,732   

Investments in subsidiaries

     5,528,112         546,890         —           (6,075,002     —     

Intercompany receivables

     —           —           226,862         (226,862     —     

Other long-term assets and investments

     7,700         54,283         879         —          62,862   

Goodwill

     —           3,606,634         344,562         —          3,951,196   
                                           

Total assets

   $ 6,127,425       $ 6,697,612       $ 1,035,063       $ (6,301,864   $ 7,558,236   
                                           

Current liabilities

   $ 170,061       $ 768,153       $ 108,727       $ —        $ 1,046,941   

Intercompany payables

     105,015         18,067         103,780         (226,862     —     

Long-term debt and other long-term liabilities

     3,507,753         458,415         19,243         —          3,985,411   

Noncontrolling interests subject to put provisions

     209,530         —           —           122,195        331,725   

Total DaVita Inc. shareholders’ equity

     2,135,066         5,452,977         622,025         (6,075,002     2,135,066   

Noncontrolling interest not subject to put provisions

     —           —           181,288         (122,195     59,093   
                                           

Total equity

     2,135,066         5,452,977         803,313         (6,197,197     2,194,159   
                                           

Total liabilities and equity

   $ 6,127,425       $ 6,697,612       $ 1,035,063       $ (6,301,864   $ 7,558,236   
                                           

 

F-47


DAVITA INC.

NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (continued)

(dollars in thousands, except per share data)

 

Consolidating Statements of Cash Flows

 

    DaVita Inc.     Guarantor
Subsidiaries
    Non-Guarantor
Subsidiaries
    Consolidating
Adjustments
    Consolidated
Total
 

For the year ended December 31, 2010

         

Cash flows from operating activities

         

Net income.

  $ 405,683      $ 355,119      $ 236,865      $ (513,448   $ 484,219   

Changes in operating assets and liabilities and non cash items included in net income

    (322,388     139,646        24,758        513,448        355,464   
                                       

Net cash provided by operating activities

    83,295        494,765        261,623        —          839,683   
                                       

Cash flows from investing activities

         

Additions of property and equipment

    (24,118     (199,147     (50,337     —          (273,602

Acquisitions

    —          (187,557     (945     —          (188,502

Proceeds from asset sales

    —          22,727        —          —          22,727   

Other items

    (470     3,214        —          —          2,744   
                                       

Net cash used in by investing activities

    (24,588     (360,763     (51,282     —          (436,633
                                       

Cash flows from financing activities

         

Long-term debt

    563,350        1,987        (4,391     —          560,946   

Intercompany borrowing

    258,649        (125,185     (133,464     —          —     

Other items

    (558,453     (10,804     (74,081     —          (643,338
                                       

Net cash provided by (used in) financing activities

    263,546        (134,002     (211,936     —          (82,392
                                       

Net increase (decrease) in cash and cash equivalents

    322,253        —          (1,595     —          320,658   

Cash and cash equivalents at beginning of the year

    534,550        —          4,909        —          539,459   
                                       

Cash and cash equivalents at the end of the year

  $ 856,803      $ —        $ 3,314      $ —        $ 860,117   
                                       

For the year ended December 31, 2009

         

Cash flows from operating activities

         

Net income.

  $ 422,684      $ 328,198      $ 154,379      $ (425,502   $ 479,759   

Changes in operating assets and liabilities and non cash items included in net income

    (257,795     (58,609     77,853        425,502        186,951   
                                       

Net cash provided by operating activities

    164,889        269,589        232,232        —          666,710   
                                       

Cash flows from investing activities

         

Additions of property and equipment

    (1,748     (207,738     (65,119     —          (274,605

Acquisitions

    —          (87,617     —          —          (87,617

Proceeds from asset sales

    —          7,697        —          —          7,697   

Other items

    11,631        (3,166     —          —          8,465   
                                       

Net cash provided by (used in) investing activities

    9,883        (290,824     (65,119     —          (346,060
                                       

Cash flows from financing activities

         

Long-term debt

    (60,619     (1,962     1,307        —          (61,274

Intercompany borrowing

    101,458        20,681        (122,139     —          —     

Other items

    (78,637     2,516        (54,677     —          (130,798
                                       

Net cash (used in) provided by financing activities

    (37,798     21,235        (175,509     —          (192,072
                                       

Net increase (decrease) in cash and cash equivalents

    136,974        —          (8,396     —          128,578   

Cash and cash equivalents at beginning of the year

    397,576        —          13,305        —          410,881   
                                       

Cash and cash equivalents at the end of the year

  $ 534,550      $ —        $ 4,909      $ —        $ 539,459   
                                       

For the year ended December 31, 2008

         

Cash flows from operating activities

         

Net income

  $ 374,160      $ 302,644      $ 131,557      $ (387,041   $ 421,320   

Changes in operating assets and liabilities and non cash items included in net income

    (379,807     143,586        41,561        387,041        192,381   
                                       

Net cash (used in) provided by operating activities

    (5,647     446,230        173,118        —          613,701   
                                       

Cash flows from investing activities

         

Additions of property and equipment

    (2,546     (222,848     (92,568     —          (317,962

Acquisitions

    (439     (101,520     —          —          (101,959

Proceeds from asset sales

    —          530        —          —          530   

Other items

    19,281        2,371        —          —          21,652   
                                       

Net cash provided by (used in) investing activities

    16,296        (321,467     (92,568     —          (397,739
                                       

Cash flows from financing activities

         

Long-term debt

    (17,805     1,664        2,460        —          (13,681

Intercompany borrowing

    146,030        (112,719     (33,311     —          —     

Other items

    (184,455     (13,708     (40,283     —          (238,446
                                       

Net cash used in financing activities

    (56,230     (124,763     (71,134     —          (252,127
                                       

Net (decrease) increase in cash and cash equivalents

    (45,581     —          9,416        —          (36,165

Cash and cash equivalents at the beginning of the year

    443,157        —          3,889        —          447,046   
                                       

Cash and cash equivalents at the end of the year

  $ 397,576      $ —        $ 13,305      $ —        $ 410,881   
                                       

 

F-48


SIGNATURES

Pursuant to the requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934, we have duly caused this Annual Report on Form 10-K to be signed on our behalf by the undersigned, thereunto duly authorized, in the City of Denver, State of Colorado, on February 25, 2011.

 

DAVITA INC.
By:  

/s/     KENT J. THIRY        

 

Kent J. Thiry

Chairman and Chief Executive Officer

KNOW ALL MEN BY THESE PRESENT, that each person whose signature appears below constitutes and appoints Kent J. Thiry, Luis A. Borgen, and Kim M. Rivera, and each of them his or her true and lawful attorneys-in-fact and agents with full power of substitution and resubstitution, for him or her and in his or her name, place and stead, in any and all capacities, to sign any and all amendments to this Annual Report on Form 10-K, and to file the same, with all exhibits thereto, and other documents in connection therewith, with the Securities and Exchange Commission, granting unto said attorneys-in-fact and agents, and each of them, full power and authority to do and perform each and every act and thing requisite or necessary to be done in and about the premises, as fully to all intents and purposes as he or she might or could do in person, hereby ratifying and confirming all that said attorneys-in-fact and agents or any of them, or their or his or her substitute or substitutes, may lawfully do or cause to be done by virtue hereof.

Pursuant to the requirements of the Securities Exchange Act of 1934, this Annual Report on Form 10-K has been signed by the following persons on behalf of the registrant and in the capacities and on the dates indicated.

 

Signature

  

Title

 

Date

/s/    KENT J. THIRY        

Kent J. Thiry

  

Chairman and Chief Executive
Officer (Principal Executive Officer)

  February 25, 2011

/S/    LUIS A. BORGEN        

Luis A. Borgen

  

Chief Financial Officer
(Principal Financial Officer)

  February 25, 2011

/S/    JAMES K. HILGER        

James K. Hilger

  

Chief Accounting Officer (Principal Accounting Officer)

  February 25, 2011

/S/    PAMELA M. ARWAY        

Pamela M. Arway

  

Director

  February 25, 2011

/S/     CHARLES G. BERG        

Charles G. Berg

  

Director

  February 25, 2011

/S/    WILLARD W. BRITTAIN        

Willard W. Brittain

  

Director

  February 25, 2011

/S/    CAROL A. DAVIDSON        

Carol A. Davidson

  

Director

  February 25, 2011

/S/    PAUL J. DIAZ        

Paul J. Diaz

  

Director

  February 25, 2011

/S/    PETER T. GRAUER        

Peter T. Grauer

  

Director

  February 25, 2011

/S/    JOHN M. NEHRA        

John M. Nehra

  

Director

  February 25, 2011

/S/    WILLIAM L. ROPER        

William L. Roper

  

Director

  February 25, 2011

/S/    ROGER J. VALINE        

Roger J. Valine

  

Director

  February 25, 2011

 

II-1


REPORT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

The Board of Directors and Shareholders

DaVita Inc.:

Under date of February 25, 2011, we reported on the consolidated balance sheets of DaVita Inc. and subsidiaries as of December 31, 2010 and 2009, and the related consolidated statements of income, equity and comprehensive income, and cash flows for each of the years in the three-year period ended December 31, 2010, which are included in the Annual Report on Form 10-K. In connection with our audits of the aforementioned consolidated financial statements, we also audited the related consolidated financial statement Schedule II-Valuation and Qualifying Accounts included in the Annual Report on Form 10-K. This financial statement schedule is the responsibility of the Company’s management. Our responsibility is to express an opinion on this financial statement schedule based on our audits.

In our opinion, such financial statement schedule, when considered in relation to the basic consolidated financial statements taken as a whole, presents fairly, in all material respects, the information set forth therein.

As discussed in Note 1 to the consolidated financial statements, the Company adopted Financial Accounting Standards Board (FASB) Statement of Financial Accounting Standards No. 160, Noncontrolling Interests in Consolidated Financial Statements (included in FASB ASC Topic 810, Consolidation), on a prospective basis except for the presentation and disclosure requirements which were applied retrospectively for all periods presented effective January 1, 2009.

/s/ KPMG LLP

Seattle, Washington

February 25, 2011

 

S-1


DAVITA INC.

SCHEDULE II—VALUATION AND QUALIFYING ACCOUNTS

 

Description

   Balance at
beginning
of year
     Amounts
charged
to income
     Amounts
written off
     Balance
at end of
year
 
     (in thousands)  

Allowance for uncollectible accounts:

           

Year ended December 31, 2008

   $ 195,953       $ 146,229       $ 130,960       $ 211,222   

Year ended December 31, 2009

   $ 211,222       $ 161,786       $ 143,691       $ 229,317   

Year ended December 31, 2010

   $ 229,317       $ 171,250       $ 164,938       $ 235,629   

 

S-2


EXHIBIT INDEX

 

  2.1         Stock Purchase Agreement dated as of December 6, 2004, among Gambro AB, Gambro, Inc. and DaVita Inc.(9)
  2.2         Amended and Restated Asset Purchase Agreement effective as of July 28, 2005, by and among DaVita Inc., Gambro Healthcare, Inc. and Renal Advantage Inc., a Delaware corporation, formerly known as RenalAmerica, Inc.(12)
  3.1         Amended and Restated Certificate of Incorporation of Total Renal Care Holdings, Inc., or TRCH, dated December 4, 1995.(1)
  3.2         Certificate of Amendment of Certificate of Incorporation of TRCH, dated February 26, 1998.(2)
  3.3         Certificate of Amendment of Certificate of Incorporation of DaVita Inc. (formerly Total Renal Care Holdings, Inc.), dated October 5, 2000.(4)
  3.4         Certificate of Amendment of Amended and Restated Certificate of Incorporation of DaVita Inc., as amended dated May 30, 2007.(23)
  3.5         Amended and Restated Bylaws for DaVita Inc. dated as of March 2, 2007.(25)
  4.1         Indenture for the 6 5/8% Senior Notes due 2013 dated as of March 22, 2005.(3)
  4.2         Indenture for the 7 1/4% Senior Subordinated Notes due 2015 dated as of March 22, 2005.(3)
  4.3         First Supplemental Indenture, dated October 5, 2005, by and among DaVita Inc., the Guarantors, the persons named as Additional Guarantors and The Bank of New York Trust Company, N.A., as Trustee.(11)
  4.4         First Supplemental Indenture, dated October 5, 2005, by and among DaVita Inc., the Guarantors, the persons named as Additional Guarantors and The Bank of New York Trust Company, N.A., as Trustee.(13)
  4.5         Rights Agreement, dated as of November 14, 2002, between DaVita Inc. and the Bank of New York, as Rights Agent.(21)
  4.6         Second Supplemental Indenture (Senior), dated February 9, 2007, by and among DaVita Inc., the Guarantors, the persons named as Additional Guarantors and The Bank of New York Trust Company, N.A., as Trustee.(22)
  4.7         Second Supplemental Indenture (Senior Subordinated), dated February 9, 2007, by and among DaVita Inc., the Guarantors, the persons named as Additional Guarantors and The Bank of New York Trust Company, N.A., as Trustee.(22)
  4.8         Registration Rights Agreement for the 6 5/8% Senior Notes due 2013 dated as of February 23, 2007.(26)
  4.9         Third Supplemental Indenture, dated October 14, 2010, by and among DaVita Inc., the guarantors named therein and The Bank of New York Mellon Trust Company, N.A., as Trustee.(38)
  4.10       Third Supplemental Indenture, dated October 14, 2010, by and among DaVita Inc., the guarantors named therein and The Bank of New York Mellon Trust Company, N.A., as Trustee.(38)
  4.11       Indenture, dated October 20, 2010, by and among DaVita Inc., the guarantors named therein and The Bank of New York Mellon Trust Company, N.A., as Trustee.(39)
  4.12       Indenture, dated October 20, 2010, by and among DaVita Inc., the guarantors named therein and The Bank of New York Mellon Trust Company, N.A., as Trustee.(39)
  10.1         Employment Agreement, dated as of October 19, 2009, by and between DaVita Inc. and Kim M. Rivera.*
  10.2         Employment Agreement, dated as of June 15, 2000, by and between DaVita Inc. and Joseph C. Mello.(6)*
  10.3         Second Amendment to Mr. Mello’s Employment Agreement, effective December 12, 2008.(33)*

 

Page 1 of 6


  10.4         Employment Agreement, effective as of August 16, 2004, by and between DaVita Inc. and Tom Usilton.(7)*
  10.5         Amendment to Mr. Usilton’s Employment Agreement, dated February 12, 2007.(24)*
  10.6         Second Amendment to Mr. Usilton’s Employment Agreement, effective December 12, 2008.(32)*
  10.7         Employment Agreement, effective as of November 18, 2004, by and between DaVita Inc. and Joseph Schohl.(14)*
  10.8         Amendment to Mr. Schohl’s Employment Agreement, effective December 30, 2008.(32)*
  10.9         Employment Agreement, dated as of October 31, 2005, effective October 24, 2005, by and between DaVita Inc. and Dennis Kogod.(13)*
  10.10       Amendment to Mr. Kogod’s Employment Agreement, effective December 12, 2008.(32)*
  10.11       Employment Agreement, effective September 22, 2005, by and between DaVita Inc. and James Hilger.(15)*
  10.12       Amendment to Mr. Hilger’s Employment Agreement, effective December 12, 2008.(32)*
  10.13       Employment Agreement effective February 13, 2008, by and between DaVita Inc. and Richard K. Whitney.(28)*
  10.14       Amendment to Equity Award Agreement, entered into on December 11, 2009, between DaVita Inc. and Richard K. Whitney.*
  10.15       Amendment to Stock Appreciation Rights Agreements, effective November 2008, by and between DaVita Inc. and Richard K. Whitney.(36)*
  10.16       Employment Agreement, effective July 25, 2008, between DaVita Inc. and Kent J. Thiry.(29)*
  10.17       Employment Agreement, effective August 1, 2008, between DaVita Inc. and Allen Nissenson.(30)*
  10.18       Employment Agreement, effective March 3, 2008, between DaVita Inc. and David Shapiro.(32)*
  10.19       Amendment to Mr. Shapiro’s Employment Agreement, effective December 4, 2008.(32)*
  10.20       Employment Agreement, effective March 17, 2010, by and between DaVita Inc. and Javier Rodriguez.(35)*
  10.21       Employment Agreement, effective February 26, 2010, by and between DaVita Inc. and Luis Borgen.(36)*
  10.22       Amendment to Mr. Borgen’s Employment Agreement, effective March 18, 2010.(36)*
  10.23       Memorandum Relating to Bonus Structure for Kent J. Thiry.(36)*
  10.24       Memorandum Relating to Bonus Structure for Dennis L. Kogod.(36)*
  10.25       Memorandum Relating to Bonus Structure for Thomas O. Usilton, Jr.(36)*
  10.26       Form of Indemnity Agreement.(20)*
  10.27       Form of Indemnity Agreement.(14)*
  10.28       Executive Incentive Plan (as Amended and Restated effective January 1, 2009).(34)*
  10.29       Executive Retirement Plan.(32)*
  10.30       Post-Retirement Deferred Compensation Arrangement.(14)*
  10.31       Amendment No. 1 to Post Retirement Deferred Compensation Arrangement.(32)*
  10.32       DaVita Voluntary Deferral Plan.(11)*
  10.33       Deferred Bonus Plan (Prosperity Plan).(31)
  10.34       Amendment No. 1 to Deferred Bonus Plan (Prosperity Plan).(32)*
  10.35       Amended and Restated Employee Stock Purchase Plan.(27)*
  10.36       Severance Plan.(36)*

 

Page 2 of 6


  10.37       Change in Control Bonus Program.(32)*
  10.38       First Amended and Restated Total Renal Care Holdings, Inc. 1999 Non-Executive Officer and Non-Director Equity Compensation Plan.(5)
  10.39       Non-Management Director Compensation Philosophy and Plan.(28)*
  10.40       Amended and Restated 2002 Equity Compensation Plan.(10)*
  10.41       Amended and Restated 2002 Equity Compensation Plan.(19)*
  10.42       Amended and Restated 2002 Equity Compensation Plan.(27)*
  10.43       Amended and Restated 2002 Equity Compensation Plan.(32)*
  10.44       DaVita Inc. 2002 Equity Compensation Plan.(37)*
  10.45       Form of Non-Qualified Stock Option Agreement—Employee (DaVita Inc. 1999 Non-Executive Officer and Non-Director Equity Compensation Plan.(18)*
  10.46       Form of Non-Qualified Stock Option Agreement—Employee (DaVita Inc. 2002 Equity Compensation Plan).(7)*
  10.47       Form of Non-Qualified Stock Option Agreement—Employee (DaVita Inc. 2002 Equity Compensation Plan).(16)*
  10.48       Form of Non-Qualified Stock Option Agreement—Employee (DaVita Inc. 2002 Equity Compensation Plan).(18)*
  10.49       Form of Restricted Stock Units Agreement—Employee (DaVita Inc. 2002 Equity Compensation Plan).(7)*
  10.50       Form of Restricted Stock Units Agreement—Employee (DaVita Inc. 2002 Equity Compensation Plan).(16)*
  10.51       Form of Restricted Stock Units Agreement—Employee (DaVita Inc. 2002 Equity Compensation Plan).(18)*
  10.52       Form of Restricted Stock Units Agreement—Employee (DaVita Inc. 2002 Equity Compensation Plan).(32)*
  10.53       Form of Stock Appreciation Rights Agreement—Employee (DaVita Inc. 2002 Equity Compensation Plan).(16)*
  10.54       Form of Stock Appreciation Rights Agreement—Employee (DaVita Inc. 2002 Equity Compensation Plan).(18)*
  10.55       Form of Stock Appreciation Rights Agreement—Board (DaVita Inc. 2002 Equity Compensation Plan).(30)*
  10.56       Form of Restricted Stock Units Agreement—Board (DaVita Inc. 2002 Equity Compensation Plan).(30)*
  10.57       Form of Non-Qualified Stock Option Agreement—Board (DaVita Inc. 2002 Equity Compensation Plan).(30)*
  10.58       Credit Agreement, dated as of October 5, 2005, among DaVita Inc., the Guarantors party thereto, the Lenders party thereto, Bank of America, N.A., Wachovia Bank, National Association, Bear Stearns Corporate Lending Inc., The Bank of New York, The Bank of Nova Scotia, The Royal Bank of Scotland plc, WestLB AG, New York Branch as Co-Documentation Agents, Credit Suisse, Cayman Islands Branch, as Syndication Agent, JPMorgan Chase Bank, N.A., as Administrative Agent and Collateral Agent, JPMorgan Securities Inc., as Sole Lead Arranger and Bookrunner and Credit Suisse, Cayman Islands Branch, as Co-Arranger.(11)
  10.59       Credit Agreement, dated as of October 5, 2005, as Amended and Restated as of February 23, 2007, by and among DaVita Inc., the Guarantors party thereto, the Lenders party thereto and JPMorgan Chase Bank, N.A.(26)

 

Page 3 of 6


  10.60           Amendment Agreement, dated February 23, 2007, by and among DaVita Inc., the Guarantors party thereto, the Lenders party thereto and JPMorgan Chase Bank, N.A.(26)
  10.61           Security Agreement, dated as of October 5, 2005, by DaVita Inc., the Guarantors party thereto and JPMorgan Chase Bank, N.A., as Collateral Agent.(11)
  10.62           Credit Agreement, dated as of October 20, 2010, by and among DaVita Inc., the guarantors party thereto, the lenders party thereto, Credit Suisse AG, Barclays Bank PLC, Goldman Sachs Bank USA, Wells Fargo Bank, National Association, Credit Agricole Corporate and Investment Bank, RBC Capital Markets, Scotia Capital (USA) Inc., SunTrust Robinson Humphrey, Inc. and Union Bank, N.A., as Co-Documentation Agents, Bank of America, N.A., as Syndication Agent, JPMorgan Chase Bank, N.A., as Administrative Agent and Collateral Agent, and J.P. Morgan Securities LLC, Banc of America Securities LLC, Credit Suisse Securities (USA) LLC, Barclays Capital, Goldman Sachs Bank USA and Wells Fargo Securities, LLC, as Joint Lead Arrangers and Joint Bookrunners.(39)
  10.63           Corporate Integrity Agreement between the Office of Inspector General of the Department of Health and Human Services and Gambro Healthcare, Inc. effective as of December 1, 2004.(11)
  10.64           Amended and Restated Alliance and Product Supply Agreement, dated as of August 25, 2006, among Gambro Renal Products, Inc., DaVita Inc. and Gambro AB.(17)**
  10.65           Letter dated March 19, 2007 from Willard W. Brittain, Jr. to Peter T. Grauer, Lead Independent Director of the Company.(22)
  10.66           Dialysis Organization Agreement between DaVita Inc. and Amgen USA Inc. dated December 20, 2007.(31)**
  10.67           Dialysis Organization Agreement between DaVita Inc. and Amgen USA Inc. dated December 17, 2010. ü**
  12.1             Computation of Ratio of Earnings to Fixed Charges.ü
  14.1             DaVita Inc. Corporate Governance Code of Ethics.(8)
  21.1             List of our subsidiaries.ü
  23.1             Consent of KPMG LLP, independent registered public accounting firm.ü
  24.1             Powers of Attorney with respect to DaVita. (Included on Page II-1).
  31.1             Certification of the Chief Executive Officer, dated February 25, 2011, pursuant to Rule 13a-14(a) or 15d-14(a), as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002.ü
  31.2             Certification of the Chief Financial Officer, dated February 25, 2011, pursuant to Rule 13a-14(a) or 15d-14(a), as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002.ü
  32.1             Certification of the Chief Executive Officer, dated February 25, 2011, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.ü
  32.2             Certification of the Chief Financial Officer, dated February 25, 2011, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.ü
  101.INS       XBRL Instance Document.***
  101.SCH       XBRL Taxonomy Extension Schema Document.***
  101.CAL       XBRL Taxonomy Extension Calculation Linkbase Document.***
  101.DEF       XBRL Taxonomy Extension Definition Linkbase Document.***
  101.LAB       XBRL Taxonomy Extension Label Linkbase Document.***
  101.PRE       XBRL Taxonomy Extension Presentation Linkbase Document.***

 

ü Included in this filing.
* Management contract or executive compensation plan or arrangement.
** Portions of this exhibit are subject to a request for confidential treatment and have been redacted and filed separately with the SEC.

 

Page 4 of 6


*** XBRL information is furnished and not filed as a part of a registration statement or prospectus for purposes of Section 11 or 12 of the Securities and Exchange Act of 1933, is deemed not filed for purposes of Section 18 of the Securities and Exchange Act of 1934, and otherwise is not subject to liability under these sections.
(1) Filed on March 18, 1996 as an exhibit to the Company’s Transitional Report on Form 10-K for the transition period from June 1, 1995 to December 31, 1995.
(2) Filed on March 31, 1998 as an exhibit to the Company’s Annual Report on Form 10-K for the year ended December 31, 1997.
(3) Filed on March 25, 2005 as an exhibit to the Company’s Current Report on Form 8-K.
(4) Filed on March 20, 2001 as an exhibit to the Company’s Annual Report on Form 10-K for the year ended December 31, 2000.
(5) Filed on February 28, 2003 as an exhibit to the Company’s Annual Report on Form 10-K for the year ended December 31, 2002.
(6) Filed on August 15, 2001 as an exhibit to the Company’s Quarterly Report on Form 10-Q for the quarter ended June 30, 2001.
(7) Filed on November 8, 2004 as an exhibit to the Company’s Quarterly Report on Form 10-Q for the quarter ended September 30, 2004.
(8) Filed on February 27, 2004 as an exhibit to the Company’s Annual Report on Form 10-K for the year ended December 31, 2003.
(9) Filed on December 8, 2004 as an exhibit to the Company’s Current Report on Form 8-K.
(10) Filed on May 4, 2005 as an exhibit to the Company’s Quarterly Report on Form 10-Q for the quarter ended March 31, 2005.
(11) Filed on November 8, 2005 as an exhibit to the Company’s Quarterly Report on Form 10-Q for the quarter ended September 30, 2005.
(12) Filed on October 11, 2005 as an exhibit to the Company’s Current Report on Form 8-K.
(13) Filed on November 4, 2005 as an exhibit to the Company’s Current Report on Form 8-K.
(14) Filed on March 3, 2005 as an exhibit to the Company’s Annual Report on Form 10-K for the year ended December 31, 2004.
(15) Filed on August 7, 2006 as an exhibit to the Company’s Quarterly Report on Form 10-Q for the quarter ending June 30, 2006.
(16) Filed on July 6, 2006 as an exhibit to the Company’s Current Report on Form 8-K.
(17) Filed on November 3, 2006 as an exhibit to the Company’s Quarterly Report on Form 10-Q for the quarter ended September 30, 2006.
(18) Filed on October 18, 2006 as an exhibit to the Company’s Current Report on Form 8-K.
(19) Filed on July 31, 2006 as an exhibit to the Company’s Current Report on Form 8-K.
(20) Filed on December 20, 2006 as an exhibit to the Company’s Current Report on Form 8-K.
(21) Filed on November 19, 2002 as an exhibit to the Company’s Current Report on Form 8-K.
(22) Filed on May 3, 2007 as an exhibit to the Company’s Quarterly Report as Form 10-Q for the quarter ended March 31, 2007.
(23) Filed on August 6, 2007 as an exhibit to the Company’s Quarterly Report on Form 10-Q for the quarter ended June 30, 2007.
(24) Filed on February 16, 2007 as an exhibit to the Company’s Current Report on Form 8-K.
(25) Filed on March 8, 2007 as an exhibit to the Company’s Current Report on Form 8-K.
(26) Filed on February 28, 2007 as an exhibit to the Company’s Current Report on Form 8-K.
(27) Filed on June 4, 2007 as an exhibit to the Company’s Current Report on Form 8-K.
(28) Filed on May 8, 2008 as an exhibit to the Company’s Quarterly Report on Form 10-Q for the quarter ended March 31, 2008.
(29) Filed on July 31, 2008 as an exhibit to the Company’s Current Report on Form 8-K.
(30) Filed on November 6, 2008 as an exhibit to the Company’s Quarterly Report on Form 10-Q for the quarter ended September 30, 2008.
(31) Filed on February 29, 2008 as an exhibit to the Company’s Annual Report on Form 10-K for the year ended December 31, 2007.

 

Page 5 of 6


(32) Filed on February 27, 2009 as an exhibit to the Company’s Annual Report on Form 10-K for the year ended December 31, 2008
(33) Filed on May 7, 2009 as an exhibit to the Company’s Quarterly Report on Form 10-Q for the quarter ended March 31, 2009.
(34) Filed on June 18, 2009 as an exhibit to the Company’s Current Report on Form 8-K.
(35) Filed on April 14, 2010 as an exhibit to the Company’s Current Report on Form 8-K.
(36) Filed on May 3, 2010 as an exhibit to the Company’s Quarterly Report on Form 10-Q for the quarter ended March 31, 2010.
(37) Filed on April 28, 2010 as Appendix A to the Company’s Definitive Proxy Statement on Schedule 14A.
(38) Filed on October 19, 2010 as an exhibit to the Company’s Current Report on Form 8-K.
(39) Filed on October 21, 2010 as an exhibit to the Company’s Current Report on Form 8-K.

 

Page 6 of 6

Dialysis Organization Agreement between DaVita Inc. and Amgen

Exhibit 10.67

Confidential Treatment

Dialysis Organization Agreement

Information Sheet

This Information Sheet sets forth certain definitions and other information as used in the attached Dialysis Organization Agreement. As used in such Dialysis Organization Agreement, the following terms shall have the meanings ascribed below:

DIALYSIS CENTER (FULL LEGAL NAME): DaVita Inc.                            

TERRITORY: United States                            

TERM START DATE: January 1, 2011                            

TERM END DATE: June 30, 2011                            

PRODUCT [DELETED] PERCENTAGES:

PRODUCT: EPOGEN® (Epoetin alfa)                            [DELETED] PERCENTAGE: [DELETED]%

All products and packages generally

made available for sale in the

United States throughout the Term (as

defined in Section 8.1).

DIALYSIS CENTER NOTICE ADDRESS AND FAX:

601 Hawaii Street

El Segundo, CA 90245

Fax: 866-912-0682

AMGEN AGREEMENT NO.: 920110141

[DELETED] = Portions of this exhibit are subject to a request for confidential treatment and have been redacted and filed separately with the Securities and Exchange Commission.

 

Page 1 of 66


Dialysis Organization Agreement

 

This Dialysis Organization Agreement (this “Agreement”) is made by and between Amgen USA Inc. (“Amgen”), a wholly-owned subsidiary of Amgen Inc., and DaVita Inc. (“Dialysis Center”) to set forth the terms and conditions upon which Dialysis Center shall purchase the Product and Amgen shall provide discounts and pay rebates on the Product. Amgen Inc. is a party to this Agreement for the purposes set forth in Sections 3.2, 4.6, 4.7, 6.1, 6.2, 7.1, 7.2.1, and 9.13 of this Agreement.

Amgen and Dialysis Center hereby agree as follows:

 

1. DEFINITIONS

When used with initial capitals herein, the following terms shall have the meanings ascribed to them below:

 

1.1. Affiliate” of a given entity shall mean an entity that controls, is controlled by, or under common control with such given entity. Control shall mean ownership of more than fifty percent (50%) of the voting stock of an entity or, for non-stock entities, the right to more than fifty percent (50%) of the profits of such entity.

 

1.2. Authorized Wholesalers” shall mean those wholesalers listed on Exhibit B, as such list may be modified pursuant to Section 2.3.

 

1.3. Data” shall have the meaning set forth in Schedule 1 of this Agreement.

 

1.4. Designated Affiliates” shall mean any Affiliate of Dialysis Center listed on Exhibit C, as such list may be modified pursuant to Section 2.2.

 

1.5. Designated Managed Centers” shall mean any Managed Center listed on Exhibit D as such list may be modified pursuant to Section 2.2.

 

1.6. Dialysis Center Purchasers” shall mean Dialysis Center, its Designated Affiliates and Designated Managed Centers.

 

1.7. ESRD” shall mean end stage renal disease.

 

1.8. HIPAA” shall mean the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations, each as may be amended.

 

1.9. Individually Identifiable Health Information” shall have the meaning specified in HIPAA.

 

1.10. Information Sheet” shall mean the information sheet attached hereto.

 

1.11. “[DELETED] Percentage” shall mean, with respect to the Product, the percentage set forth as the “[DELETED] Percentage” in the Information Sheet.

 

1.12. Managed Center” shall mean a dialysis facility that is not an Affiliate of Dialysis Center but for which Dialysis Center or an Affiliate of Dialysis Center provides management and administrative services, including the purchase and billing of the Product.

 

1.13. OutcomesPlus” shall mean Amgen’s proprietary, HIPAA compliant retrospective observational database that is comprised of the electronic de-identified patient-level data, set forth in Schedule 1.

 

1.14. Qualified Gross Purchases” shall mean the amount of Product purchased by Dialysis Center Purchasers during the Term from an Authorized Wholesaler (or from Amgen pursuant to Section 2.3) and confirmed by Amgen through sales tracking data. Qualified Gross Purchases shall be calculated using the [DELETED] in effect at the time of the relevant purchase.

 

1.15. Quarter” shall mean each calendar quarter during the Term (i.e., January 1 through March 31 or April 1 through June 30).

 

1.16. “[DELETED]” shall mean the [DELETED] for the Product to [DELETED].

 

Page 2 of 66


2. PURCHASE AND SALE OF PRODUCTS

 

2.1. Discounts. Effective on the Term Start Date of this Agreement, Dialysis Center Purchasers shall have the right to purchase the Product through Authorized Wholesalers or directly from Amgen pursuant to Section 2.3 at the then-prevailing [DELETED] less the [DELETED]. Amgen reserves the right to change [DELETED] any time, by any amount, without notice, subject in such case to the [DELETED] Rebate provisions set forth in Section 2.2 of Exhibit A. Amgen shall notify Dialysis Center of any change to [DELETED] in accordance with Amgen’s customary business practices. Pricing, discounts, and rebates set forth in this Agreement are without regard to any wholesaler markup, service fees, or other charges, which may be charged separately by Authorized Wholesalers.

 

2.2. Affiliates and Managed Centers.

 

  2.2.1. Only purchases of Product made by Dialysis Center Purchasers shall be eligible for the pricing, discounts and/or rebates granted pursuant to this Agreement. Dialysis Center shall have the right to remove its Affiliates from the list of Designated Affiliates and to remove Managed Centers from the list of Designated Managed Centers by [DELETED] days prior written notice to Amgen. Dialysis Center shall have the right to add its Affiliates and Managed Centers to the list of Designated Affiliates or list of Designated Managed Centers, as applicable, with prior written notice to Amgen and upon Amgen’s approval, which shall not be unreasonably conditioned, withheld or delayed, it being understood that Dialysis Center shall use its commercially reasonable best efforts to provide Amgen and the applicable Authorized Wholesaler with at least [DELETED] days prior written notice in situations involving de novo dialysis facilities and at least [DELETED] days prior written notice in the case of dialysis facilities that are acquired by Dialysis Center or that enter into management or administrative service agreements with Dialysis Center. In the event Dialysis Center provides [DELETED] or fewer days prior written notice, Dialysis Center agrees to coordinate with Dialysis Center’s Authorized Wholesaler to ensure purchases made by such Affiliates and/or Managed Centers are credited to Dialysis Center upon the date Amgen adds such Affiliates and/or Managed Centers to the list of Designated Affiliates or list of Designated Managed Centers, as applicable. Amgen shall restrict the dissemination of information pertaining to the addition of Affiliates as Designated Affiliates and Managed Centers as Designated Managed Centers to its employees, agents and contractors that have a need to know such information. So long as Dialysis Center has used its commercially reasonable best efforts to provide such advance notice to Amgen, such new Affiliates and Managed Centers shall be added to the list of Designated Affiliates or list of Designated Managed Centers, as applicable, as of the date of acquisition by Dialysis Center or the commencement of the management relationship between Dialysis Center and Managed Center or such later date specified by Dialysis Center.

 

  2.2.2. All purchases of the Product made on and after the date such Affiliates and Managed Centers are added to the list of Designated Affiliates or list of Designated Managed Centers, as applicable, shall constitute “Qualified Gross Purchases” under this Agreement and shall be included for purposes of calculating each and every discount and rebate provided hereunder and in Exhibit A (which is incorporated by reference hereto and made a part of this Agreement), including the [DELETED] Percentage. Amgen shall pay all discounts and rebates earned by Dialysis Center to Dialysis Center unless Amgen can demonstrate to Dialysis Center that it is obligated to pay any such discounts and/or rebates to any person or entity other than Dialysis Center.

 

  2.2.3. In the event of a change to information set forth in the list of Designated Affiliates or list of Designated Managed Centers (such as address), Dialysis Center shall [DELETED] notify Amgen and Amgen shall update the relevant list. Amgen shall reserve the right in its reasonable discretion to [DELETED] and [DELETED] in accordance with the following: [DELETED] by Amgen shall be effective (a) [DELETED].

 

  2.2.4.

Dialysis Center shall ensure compliance with the terms and conditions of this Agreement applying to Dialysis Center by its Designated Affiliates and Designated Managed Centers. Dialysis Center

 

Page 3 of 66


 

shall be liable for the acts and omissions of its Designated Affiliates and Designated Managed Centers, and Amgen shall have the right (but not the obligation) to proceed directly against Dialysis Center in the event of a breach of this Agreement by any such Designated Affiliate or Designated Managed Center, without first proceeding against such Designated Affiliate or Designated Managed Center.

 

2.3. Authorized Wholesalers. Only Product purchased from Authorized Wholesalers or directly from Amgen pursuant to this Section 2.3 shall be eligible for the pricing, discounts and/or rebates granted pursuant to this Agreement. Dialysis Center shall have the right to remove wholesalers from the list of Authorized Wholesalers by [DELETED] days prior written notice to Amgen, and shall have the right to add wholesalers to the list of Authorized Wholesalers by [DELETED] days notice to Amgen upon Amgen’s approval, which approval shall not be unreasonably withheld or delayed. Amgen shall have the right, in its reasonable discretion, to add wholesalers to the list of Authorized Wholesalers by [DELETED] days prior written notice to Dialysis Center. Amgen shall have the right, in its reasonable discretion, to remove wholesalers from the list of Authorized Wholesalers by [DELETED] days prior written notice to Dialysis Center, so long as (a) Amgen rejects or terminates such wholesaler with respect to providing the Product to any and all purchasers of the Product, or (b) such wholesaler independently requests Amgen to remove it as an Authorized Wholesaler for Dialysis Center. In the event Amgen terminates any Authorized Wholesaler from which any Dialysis Center Purchasers are purchasing the Product, Amgen shall work with Dialysis Center to transition the Dialysis Center Purchasers purchasing to an Authorized Wholesaler and shall use reasonable efforts to establish a direct purchasing relationship in any interim period, which in no event shall exceed [DELETED] days, between the removal of the removed Authorized Wholesaler and the initiation of purchases from a new Authorized Wholesaler, if no alternative Authorized Wholesaler exists at such time. Any such direct purchasing relationship shall be subject to credit qualification and the approval by Amgen of an application for direct ship account. If Dialysis Center Purchasers purchase directly from Amgen as contemplated immediately above, all purchases made from Amgen shall be deemed “Qualified Gross Purchases” and all such purchases shall be eligible for all of the discounts and/or rebates provided for in this Agreement and Exhibit A.

 

2.4. Own Use. Dialysis Center hereby certifies that Product purchased hereunder shall be for Dialysis Center Purchasers’ “own use” for the treatment of dialysis patients. Only Product purchased for Dialysis Center Purchasers’ “own use” for the treatment of dialysis patients shall be eligible for the pricing, discounts and/or rebates available pursuant to this Agreement. Dialysis Center Purchasers covenant that they shall not seek any such pricing, discounts and/or rebates for any Product not for their “own use” for the treatment of dialysis patients, and shall [DELETED] notify Amgen in the event Amgen does provide Dialysis Center Purchasers any such pricing, discount and/or rebates.

 

2.5.

Product License Agreement. Amgen has publicly disclosed that it is a party to a product license agreement with Ortho Pharmaceutical Corporation. Amgen hereby represents to Dialysis Center that, under such product license agreement: (a) Amgen has the exclusive right to promote and sell Epoetin alfa, in the United States, under the trade name EPOGEN® for use with dialysis patients, (b) Amgen has licensed Ortho, as Amgen’s distributor, the exclusive right to promote and sell Epoetin alfa in the United States under the trade name PROCRIT® for non-dialysis uses only and (c) Ortho is not authorized to promote or sell PROCRIT® in the United States for dialysis use. Consistent with the terms of such product license agreement and so long as such agreement remains in effect, Dialysis Center Purchasers shall not use PROCRIT® for use with dialysis patients.

 

2.6.

Vial Sizes. Dialysis Center agrees that Dialysis Center Purchasers shall maintain consistency in their relative mix of Product types in their purchases. Dialysis Center shall give Amgen at least [DELETED] months’ prior written notice should the percentage of Dialysis Center Purchasers’ purchases made up by any particular SKU deviate by more than [DELETED] percent ([DELETED]%) from the previous [DELETED] unless Amgen’s prior written consent shall have been obtained. By way of example, if EPOGEN® 2,000 unit/mL (NDC 55513-126-01) made up [DELETED]% of the aggregate purchases of Product by Dialysis Center Purchasers in the [DELETED] of given year, it shall make up no less than

 

Page 4 of 66


 

[DELETED]% (i.e. [DELETED]% of [DELETED]%) and no more than [DELETED]% (i.e. [DELETED]% of [DELETED]%) of the aggregate purchases of Product by Dialysis Center Purchasers in the [DELETED] of such year, unless Dialysis Center shall have given Amgen [DELETED] months’ prior written notice of such change. Dialysis Center shall [DELETED] notify and consult with Amgen should it consider a material change to its Product type mix. Amgen shall use its commercially reasonable efforts to accommodate requests by Dialysis Center for Product in SKUs different from its typical mix if such Product is available for distribution and sale in the Territory and is not committed to others.

 

3. REBATES

 

3.1. Earning and Vesting of Rebates. Dialysis Center shall qualify for rebates based upon verified Qualified Gross Purchases in accordance with the terms and conditions of this Agreement and the formulae set forth in Exhibit A. For the purposes of calculating any of the rebates hereunder, Qualified Gross Purchases shall be deemed made on the date of invoice to any Dialysis Center Purchaser from the Authorized Wholesaler or Amgen pursuant to Section 2.3.

 

3.2. Payment of Rebates. Rebates shall be paid [DELETED] in arrears, within the time frame specified for each such rebate in Exhibit A, by electronic funds transfer (“EFT”) using EFT information provided to Amgen by Dialysis Center as necessary to enable EFT payment. Amgen Inc. hereby guarantees Amgen’s obligation to pay all rebates earned by Dialysis Center hereunder. All payments are subject to audit and final determination as provided in Section 3.3 hereto.

 

3.3. Verification and Audit. Rebates specified herein are subject to verification and audit of the relevant purchase and other data (including the Data supplied pursuant to Section 4), as reasonably necessary to calculate amounts payable hereunder. Dialysis Center Purchasers shall maintain their books and records in accordance with U.S. generally accepted accounting principles, consistently applied. To the extent [DELETED], in its reasonable discretion, determines that it is necessary to verify and confirm the calculation of any rebate described in this Agreement in order to audit and assure compliance with the terms of this Agreement, [DELETED] shall provide written notice of same to [DELETED] (an “Objection Notice”) setting forth in detail any and all items of disagreement related to such computation or statement. [DELETED] shall [DELETED] engage (at [DELETED]’s sole cost and expense, subject to any reimbursement by [DELETED] as set forth below) and refer the items in dispute to a nationally recognized firm of independent, certified public accountants as to which [DELETED] agree (the “Firm”), to resolve any disagreements. [DELETED] will direct the Firm to render a written determination within [DELETED] days of its retention, and [DELETED] and their respective agents will cooperate with the Firm during its engagement. Any such audit shall be conducted during normal business hours, and so as not to unreasonably interfere with the business of [DELETED]. In the event any such audit is requested by [DELETED] and shows that [DELETED] have submitted incorrect information resulting in [DELETED] in excess of [DELETED] percent ([DELETED]%) of the amount to which it was entitled in any [DELETED], [DELETED] shall reimburse [DELETED] for the [DELETED] of such audit; otherwise, [DELETED] shall be responsible for the [DELETED] of such audit. In the event any such audit is requested by [DELETED] and shows that [DELETED] have submitted correct information but have been [DELETED] by more than [DELETED] percent ([DELETED]%) of the amount to which they were entitled in any [DELETED], [DELETED] shall reimburse [DELETED] for the [DELETED] of such audit; otherwise, [DELETED] shall be responsible for the [DELETED] of such audit. The determination of the Firm will be conclusive and binding upon [DELETED]. Following any audit that shows any [DELETED], [DELETED] shall, within [DELETED] ([DELETED]) days, make [DELETED] for the difference between the [DELETED] hereunder and the [DELETED] hereunder based upon the results of such audit.

 

3.4.

Adjustments for Changes. In accordance with Section 2.2 above, in the event of an Affiliate’s addition to or deletion from the list of Designated Affiliates or a Managed Center’s addition to or deletion from the list of Designated Managed Centers during any [DELETED] of the Term, Amgen shall adjust Qualified Gross Purchases to account for such change by adding or deleting such Designated Affiliates’ or

 

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Designated Managed Centers’, as applicable, purchases to or from the relevant [DELETED] or comparison [DELETED] (or portion thereof).

 

3.5. Treatment of Discounts and Rebates.

 

  3.5.1. Dialysis Center agrees that Dialysis Center Purchasers shall properly disclose and account for all discounts and/or rebates earned hereunder, in whatever form, in compliance with all applicable federal, state, and local laws and regulations, including §1128B(b) of the Social Security Act, as amended and its implementing regulations. Dialysis Center agrees that, if required by such statutes or regulations, it (together with its Designated Affiliates) shall and it shall cause its Designated Managed Centers to (i) claim the benefit of such discount and/or rebate received in the fiscal year in which such discount and/or rebate was earned or the year after, (ii) fully and accurately report the value of such discount and/or rebate in any cost reports filed under Title XVIII or Title XIX of the Social Security Act, as amended or a state health care program, and (iii) provide, upon request by the U.S. Department of Health and Human Services or a state agency or any other federally funded state health care program, the information furnished to Dialysis Center Purchasers by Amgen concerning the amount or value of such discount and/or rebate.

 

  3.5.2. In order to assist Dialysis Center’s compliance with its obligations as set forth in Section 3.5.1 above, Amgen agrees that it will fully and accurately report all discounts and/or rebates on the invoices or statements submitted to Dialysis Center and use reasonable efforts to inform Dialysis Center of its obligations to report such discounts and/or rebates; or where the value of a discount and/or rebate is not known at the time of sale, Amgen shall fully and accurately report the existence of the discount and/or rebate program on the invoices or statements submitted to Dialysis Center, use reasonable efforts to inform Dialysis Center of its obligations to report such discounts and/or rebates and when the value of the discounts and/or rebates becomes known, provide Dialysis Center with documentation of the calculation of the discount and/or rebate identifying the specific goods or services purchased to which the discount and/or rebate will be applied, in accordance with Section 3.6 below.

 

3.6. Reports. Amgen shall provide to Dialysis Center a [DELETED] statement of the discounts and/or rebates earned hereunder with the itemization of Product purchases made in a particular [DELETED], broken down for each Dialysis Center Purchaser and any other information that Dialysis Center may reasonably request that is reasonably available to Amgen and necessary for Dialysis Center to obtain in order to comply with its obligations hereunder. Dialysis Center agrees that it will provide such information to its Dialysis Center Purchasers in a timely manner in order to allow such Dialysis Center Purchasers to meet their reporting and other obligations hereunder and under applicable law and regulation.

 

3.7. Best Price Limitation. Dialysis Center and Amgen do not intend for any discount or rebate under this Agreement or aggregated price concessions to Dialysis Center to result in the establishment of “Best Price” for any dosage, form or strength of the Product under the Medicaid Best Price Program (42 U.S.C. § 1396r-8) including all implementing regulations (“the Medicaid Best Price Program”). In the event transactions involving [DELETED] parties other than Dialysis Center result in Dialysis Center’s establishment of [DELETED], Amgen may [DELETED] under this Agreement. In all other events, Amgen shall have the right, in its sole discretion, to determine the extent to which any [DELETED] may impact Amgen’s [DELETED] calculation and in such instances, if Amgen believes any [DELETED] to Dialysis Center may establish [DELETED], Amgen shall have the right to [DELETED], and shall promptly notify Dialysis Center of the [DELETED]. Other than as provided for under Section 8.5, if Dialysis Center establishes “Best Price” for any dosage, form or strength of the Product under the Medicaid Best Price Program, then Amgen may only adjust [DELETED] available under this Agreement as described in this Agreement and in Exhibit A (i.e. [DELETED]). Any [DELETED] shall be collected from Dialysis Center through [DELETED] that Dialysis Center is entitled to [DELETED], as determined by Amgen. If the contract is terminated or expires prior to the full amount of [DELETED] owed to Amgen being collected, Dialysis Center shall pay any remaining amounts to Amgen within [DELETED] days of contract termination or expiration.

 

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4. PATIENT AND PRODUCT DATA

 

4.1. Data Submission. Subject to the requirements set forth elsewhere in this Agreement, including Exhibit A, Dialysis Center shall provide certain patient and product data, as specified on Schedule 1 (the “Data”) to Amgen (or to a data collection vendor specified and paid for by Amgen) on a [DELETED] basis by the last day of the following [DELETED] (or the next business day if such last day is not a business day). To the extent Amgen requests that Dialysis Center deliver the Data to a designated data collection vendor instead of Amgen directly, Dialysis Center’s delivery of the Data to such data collection vendor shall be considered delivery to Amgen for purposes of this Agreement. Data shall be submitted by Dialysis Center in the format set forth on Schedule 1. To the extent Amgen requests that Dialysis Center deliver the Data to a designated data collection vendor, Amgen agrees to cause any such designated data collection vendor to adhere to and be bound by all of the requirements relating to the confidentiality, use and disclosure of the Data hereunder as applicable to Amgen, and any failure by any such designated data collection vendor to act in accordance with such requirements shall be the sole responsibility of Amgen, and Amgen shall be directly liable to Dialysis Center as if Amgen had directly breached any of its obligations or the requirements related to the confidentiality, use or disclosure of the Data as set forth herein.

 

4.2. HIPAA Compliance. The parties acknowledge and agree that Dialysis Center has no intent to provide to Amgen (or any designated data collection vendor), and Amgen has no intent to receive from Dialysis Center, any Data in violation of the HIPAA Privacy Rule. Further, it is the intent of such parties that each delivery of the Data hereunder to Amgen (or such designee) meet the requirements for “statistical de-identification” as set forth in 45 C.F.R. Section 164.514(b)(1). Accordingly, and notwithstanding anything in this Agreement to the contrary, Amgen acknowledges and agrees that Dialysis Center shall not be obligated to submit any Data pursuant to this Agreement unless and until a Certification has been delivered to Dialysis Center for the submission of such Data and the Certification Requirements (as defined in Section 4.3) therein have been satisfied. For purposes of the foregoing, “Certification” shall mean a written certification delivered to Dialysis Center by a statistician who is reasonably acceptable to Dialysis Center and Amgen who meets the requirements set forth in 45 C.F.R. Section 164.514(b)(1) (a “Statistician”), which Certification must conclude that, subject to any conditions, requirements or assumptions set forth therein, each delivery of the Data pursuant to this Agreement will meet the standards for “de-identification” under HIPAA.

 

4.3. Certification Requirements. Promptly following the date of execution of this Agreement by the parties, Dialysis Center will engage (at Amgen’s sole cost and expense) a Statistician to render a Certification to Dialysis Center. In connection with the delivery of the Certification the parties agree to use their reasonable best efforts to facilitate the delivery of such Certification in an expedited manner. In support of the foregoing and in acknowledgement that the delivery of the Data hereunder is contemplated to be an ongoing obligation of Dialysis Center, the parties agree to amend or supplement this Agreement from time to time to reflect those additional representations, warranties or covenants of the parties as are necessary to support any conditions, requirements or assumptions contained in such Certification (the “Certification Requirements”). During the Term and upon request from Dialysis Center (which request shall not be more frequently than [DELETED] per [DELETED], if at all), Amgen agrees to certify to Dialysis Center in writing that the Certification Requirements have been fulfilled and that any representations or covenants of Amgen contained in this Agreement (or in any amendment or supplement hereto) in support of such Certification Requirements are true and correct or have been satisfied, as the case may be. Notwithstanding anything in this Agreement to the contrary, Amgen shall be under no obligation to pay any rebates pursuant to this Agreement, unless and until the initial Certification is issued.

 

4.4. Invalid Certification.

 

  4.4.1. In the event that the Statistician determines that a Certification is no longer valid, the parties agree to use their reasonable best efforts to work together in good faith and take such actions as may be necessary to cause a valid Certification to be issued to Dialysis Center such that the delivery of the Data hereunder to Amgen may be resumed as quickly as possible, with the intent of preserving as many of the Data elements set forth in Schedule 1 as possible.

 

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  4.4.2. In the event that a change in applicable laws, rules or regulations is the cause for the Certification becoming invalid, each party shall have the right, after attempting to negotiate changes to this Agreement as contemplated above, to terminate this Agreement upon [DELETED] days written notice with no requirement that Dialysis Center deliver the Data and no right of Dialysis Center to receive the rebates set forth in Exhibit A.

 

  4.4.3. In the event Dialysis Center is the cause of such Certification becoming invalid, Amgen shall have the right, after working together in good faith to take such actions as may be necessary to cause a valid Certification to be issued as contemplated above, to terminate this Agreement upon [DELETED] days prior written notice to Dialysis Center. In connection with any such termination, Amgen shall pay to Dialysis Center, in accordance with Exhibit A, the appropriate proportion of any rebates earned up to the dates covered in the last Data submission by Dialysis Center and thereafter Dialysis Center shall have no obligation to deliver any Data.

 

  4.4.4. If Amgen is the cause of such Certification becoming invalid, Dialysis Center shall promptly notify Amgen of that fact and the parties shall work together in good faith to take such actions as may be necessary to cause a valid Certification to be issued as contemplated above.

 

  4.4.5. If a replacement Certification is not obtained within [DELETED] days of the date that Dialysis Center sent the notice stating that the Certification was invalidated, either party may terminate this Agreement effective as of the [DELETED] day after Dialysis Center transmitted the notice that the Certification was invalidated.

 

  4.4.6. From the date Dialysis Center sends the notice to Amgen that the Certification was invalidated until the time that a new Certification is issued or the time that this Agreement is terminated, which period shall not exceed [DELETED] days from the date that Dialysis Center sent the notice of invalidation, Dialysis Center may suspend the delivery of the Data without losing the ability to earn rebates through the date this Agreement is terminated. To the extent the Data necessary for Amgen to calculate any rebate described in Exhibit A is not delivered as a result of a Certification becoming invalid, Dialysis Center shall calculate such rebates and shall provide the results of such calculations to Amgen until the delivery of the Data hereunder to Amgen can be resumed. In connection with the foregoing, Amgen shall be permitted to audit any such calculations made by Dialysis Center, either directly or through a third party selected by Amgen, subject to the execution and delivery of appropriate agreements regarding confidentiality and compliance with laws, including HIPAA.

 

4.5.

Amgen Activities; Permitted Data Elements. Amgen represents, warrants, covenants and agrees that (i) absent the express written consent from Dialysis Center and other than linking with fields of information that contain only Permitted Data Elements (as defined below), Amgen will not link the Data with any other data elements; (ii) Amgen will delete, purge or eliminate from any database that will hold the Data, all data elements identified in the safe harbor at 45 C.F.R. Section 164.514(b)(2)(i), other than any data element that constitutes a Permitted Data Element; and (iii) Amgen will not create any reports that contain Patient Level Data (as defined below) or permit access to the Data by any person who otherwise has access to Patient Level Data for patients of Dialysis Center. For purposes of the foregoing and this Agreement, the following definitions shall apply: (A) “Patient Level Data” shall mean any data elements attributable to a particular patient; and (B) “Permitted Data Element” shall mean the data elements comprising [DELETED]. Amgen represents, warrants, covenants and agrees that throughout the Term it will maintain and enforce such policies, standards or procedures, including those regarding various physical, technical and procedural safeguards, as necessary for Amgen to comply with the restrictions on use and disclosure of the Data by Amgen that are set forth herein. To the extent that Amgen desires to link with any data element not included in the list of Permitted Data Elements, Amgen shall so inform Dialysis Center in writing and identify the additional data elements desired to be included as a Permitted Data Element hereunder. Upon receipt of such notice, Dialysis Center will promptly engage, at Amgen’s expense, a Statistician to render a written Certification to Dialysis Center with respect to the Data, taking into account the desired linking of the additional data to be included as a

 

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Permitted Data Element hereunder. In connection with the foregoing, such Statistician shall provide a timeline to both Dialysis Center and Amgen setting forth the required time and any additional information necessary for such Statistician to conduct an appropriate review of such new desired Permitted Data Elements, and inform the parties whether a Certification can be rendered within [DELETED] days. To the extent that such Statistician determines that such Certification cannot be rendered within such [DELETED] day time period, Dialysis Center and Amgen shall work together in good faith to identify a mutually acceptable alternate solution.

 

4.6. Data Use. Amgen and Amgen Inc. covenant and agree that Amgen shall only be permitted to use the Data as follows: (i) [DELETED]. In addition, Amgen may use the Data, with the prior written consent of Dialysis Center (which shall not be unreasonably withheld), in support of any [DELETED]. Except as set forth above, Amgen and Amgen Inc. covenant that Amgen shall not otherwise use, disclose, sell or resell the Data, or the results of any analyses or any derivative works based in whole or part on any Data, without the prior written consent of Dialysis Center. Notwithstanding anything in this Agreement to the contrary, Amgen agrees to not use any Data (or the results of any analyses or any derivative works based in whole or part on any Data) in a manner that shows the Data separately or specifies that it came from any Dialysis Center Purchasers; provided however, that so long as the Data does not (a) constitute more than [DELETED] percent ([DELETED]%) of the overall data displayed for purposes of [DELETED]; and (b) reasonably result in a [DELETED], as determined by Dialysis Center in its reasonable discretion, then Amgen shall be permitted to use the Data (or the results of any analyses or any derivative works based in whole or part on any Data) for such purpose.

 

4.7. Patient ID. The “Patient ID” as described in the Data to be delivered hereunder shall be a consistent and unique alpha-numeric code (which shall not be derived from Individually Identifiable Health Information) and a “case identifier” to track the care rendered to each individual patient over time, and Amgen and Amgen Inc. covenant that Amgen shall not request and Dialysis Center shall not provide the key or list matching patient identities to these “Patient IDs” or unique case identifiers.

 

4.8. Clinical Research Studies. Dialysis Center and Amgen acknowledge that Dialysis Center, either directly or through DaVita Clinical Research, Inc. (“DCR”), an Affiliate of Dialysis Center, may from time to time be engaged in research studies in which patients of Dialysis Center Purchasers, may serve as clinical trial subjects (a “Research Study”). Notwithstanding any obligation of Dialysis Center in this Agreement to the contrary, including any requirement in Section 3.4 of Exhibit A, Dialysis Center shall not be required [DELETED], but shall continue without limitation to be eligible for, and if earned receive, all rebates granted pursuant to this Agreement, so long as (i) Dialysis Center notifies Amgen of the [DELETED] by Dialysis Center to Amgen as otherwise required by this Agreement as a result of such [DELETED], and (ii) [DELETED] whose [DELETED] Dialysis Center does not exceed the [DELETED]. For purposes of the foregoing, “[DELETED]” means [DELETED] of the aggregate number of persons receiving treatment from Dialysis Center Purchasers in any calendar [DELETED].

 

5. COMPENSATION DATA

Dialysis Center agrees that it shall provide the data, with respect to the Product, set forth on Schedule 2 attached hereto (the “Compensation Data”) to Amgen in the electronic format set forth on Schedule 2 on a [DELETED] basis no later than the [DELETED] day of the following [DELETED] following the [DELETED] for which such Compensation Data is being provided. Amgen acknowledges, agrees and covenants that it shall only use the Compensation Data for [DELETED]. Dialysis Center and Amgen acknowledge and agree that the Compensation Data does not include and shall never include any Individually Identifiable Health Information of any patient of Dialysis Center Purchasers. Notwithstanding the foregoing, Amgen acknowledges and agrees that Dialysis Center shall only be required to deliver the Compensation Data to Amgen for as long as [DELETED]. Amgen shall indemnify, defend and hold harmless Dialysis Center from and against any and all loss, damage and/or expense (including reasonable attorney’s fees) that it may suffer as a result of claims, demands, actions, proceedings, liabilities, costs or judgments, or threats thereof arising out Dialysis Center’s supply of the Compensation Data to Amgen.

 

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6. WARRANTIES, REPRESENTATIONS AND COVENANTS

 

6.1. Power and Authority. Each party represents and warrants to the other that this Agreement: (a) has been duly authorized, executed, and delivered by it, (b) constitutes a valid, legal, and binding agreement enforceable against it in accordance with the terms contained herein, and (c) does not conflict with or violate any of its other contractual obligations, expressed or implied, to which it is a party or by which it may be bound. The party executing this Agreement on behalf of Dialysis Center specifically warrants and represents to Amgen that it is authorized to execute this Agreement on behalf of and has the power to bind the Dialysis Center Purchasers to the terms set forth in this Agreement. The parties executing this Agreement on behalf of Amgen and Amgen Inc. specifically warrant and represent to Dialysis Center that they are authorized to execute this Agreement on behalf of and have the power to bind Amgen and Amgen Inc. to the terms set forth in this Agreement.

 

6.2. Compliance with Law and Regulation. Amgen and Amgen Inc. shall, and Dialysis Center shall, comply with all applicable laws and regulations. Both parties represent and warrant the following (which representations and warranties shall be ongoing representations and warranties during the Term), and each party shall promptly notify the other party of any known change in status in respect to the following: (i) that it is not currently named on any of the following lists (A) HHS/OIG List of Excluded Individuals/Entities, (B) GSA List of Parties Excluded from Federal Programs, or (C) OFAC “SDN and Blocked Individuals”; and (ii) that if during the Term there is a change in either party’s status which excludes it from participation in any Federal health care program, the other party may terminate this Agreement [DELETED] upon prior written notice to the other party.

 

6.3. Product. Amgen covenants and agrees that the Product is not and will not be adulterated or misbranded within the meaning of the Federal Food, Drug and Cosmetic Act, as amended, or within the meaning of any applicable state or municipal law, or is or will be a product which may not be introduced in to interstate commerce. Amgen warrants that the Product purchased pursuant to this Agreement (a) is manufactured, and up to the time of its receipt by Authorized Wholesalers is handled, stored and transported in accordance with all applicable federal, state and local laws and implementing regulations, and meet all specifications for effectiveness and reliability as required by the United States Food and Drug Administration (the “FDA”), and (b) when used in accordance with the directions in the labeling is fit for the purposes and indications described in the labeling. Amgen warrants that the use of the Product by Dialysis Center Purchasers shall not infringe upon any ownership rights of any other person or upon any patent, copyright, trademark or other intellectual property or proprietary right or trade secret of any third party. Amgen agrees that as soon as practicable it will notify Dialysis Center of any material defect in the Product delivered to any Dialysis Center Purchasers in accordance with applicable law.

 

7. INDEMNITY AND INSURANCE

 

7.1. Insurance. Each of the parties agrees that it shall secure and maintain in full force and effect throughout the Term (and following termination, to the extent necessary to cover any claims arising from this Agreement) [DELETED] insurance and [DELETED] insurance (in the case of [DELETED]) each with limits of $[DELETED] each claim and in the aggregate including [DELETED] coverage and [DELETED] coverage in accordance with [DELETED]. Dialysis Center shall carry [DELETED] insurance with limits of $[DELETED] for each claim and in the aggregate. Any limits on either party’s insurance coverage shall not be construed to create a limit on such party’s liability with respect to its obligations under this Agreement. Each of the parties shall be named as an additional insured in each of the other’s [DELETED] insurance policy or policies, except that [DELETED] shall not be obligated to name [DELETED] as an additional insured under its [DELETED] coverage. To the extent practicable, such policies shall provide at least [DELETED] days prior written notice to the other party of the [DELETED]. Each of the parties shall supply certificates of insurance to the other party upon request, stating that [DELETED]. Amgen Inc. hereby guarantees the performance of Amgen’s obligations as set forth in this Section 7.1. Each of the parties shall have the right to satisfy its obligations under this Section 7.1 through self-insurance.

 

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7.2. Indemnity.

 

  7.2.1. By Amgen. Amgen agrees to indemnify, defend, and hold Dialysis Center, its officers, directors, agents and employees (collectively, the “Dialysis Center Indemnitees”) harmless from and against any and all loss, damage and/or expense (including reasonable attorney’s fees) that they may suffer as a result of claims, demands, actions, proceedings, liabilities, costs or judgments, or threats thereof arising out of (i) any defect in the design or manufacture of the Product or handling by Amgen of the Product, including claims for property damage, loss of life, and bodily injury; or (ii) the breach by Amgen or Amgen Inc. of any of their respective warranties, representations or covenants contained in this Agreement. This indemnity is conditioned on Dialysis Center notifying Amgen of any claims falling within this indemnity within [DELETED] days after Dialysis Center receives notice of such claim. Notwithstanding anything to the contrary contained herein, Amgen and Amgen Inc. shall not have any obligation to defend, indemnify or hold the Dialysis Center Indemnitees harmless from claims, suits or damages, arising [DELETED]. Amgen Inc. hereby guarantees the performance of Amgen’s obligations as set forth in this Section 7.2.1. This indemnification shall survive the termination or expiration of this Agreement.

 

  7.2.2. By Dialysis Center. Dialysis Center agrees to indemnify, defend, and hold Amgen, its officers, directors, agents and employees (collectively, the “Amgen Indemnitees”) harmless from and against any and all loss, damage, and/or expense (including reasonable attorney’s fees) that they may suffer as a result of claims, demands, actions, proceedings, liabilities, costs or judgments, or threats thereof arising out of (i) Dialysis Center’s negligence or misconduct in the “administration” of the Product to its patients; or (ii) the breach by Dialysis Center of any of its warranties, representations or covenants contained in this Agreement. For purposes of the foregoing, the “administration” of the Product by Dialysis Center shall mean the dispensing and handling by Dialysis Center and its employees of such Product and the actual administration of such Product to patients by Dialysis Center and its employees, but shall exclude physician prescriptions of such Product to patients. This indemnity is conditioned on Amgen notifying Dialysis Center of any claims falling within this indemnity within [DELETED] days after Amgen receives notice of such claim. Notwithstanding anything to the contrary contained herein, Dialysis Center shall not have any obligation to defend, indemnify or hold the Amgen Indemnitees harmless from claims, suits or damages, arising [DELETED]. This indemnification shall survive the termination or expiration of this Agreement.

 

8. TERM AND TERMINATION

 

8.1. Term. This Agreement shall come into effect as of the Term Start Date and shall expire as of the Term End Date (the “Term”), unless sooner terminated in accordance with this Section 8.

 

8.2. Termination for Breach. In addition to any other legal or equitable remedies which may be available to either party upon breach by the other party (other than Section 9.17), the non-breaching party may terminate this Agreement for a material breach upon [DELETED] days advance written notice specifying the breach, provided that such breach remains uncured at the end of the [DELETED] day period, or, where a cure cannot be completed within [DELETED] days, the breaching party has not materially commenced in good faith to effectuate a cure within such [DELETED] day period. In addition, in the event that Dialysis Center materially breaches any provision of this Agreement, and such breach remains uncured for [DELETED] days following written notice by Amgen specifying the breach, or where a cure cannot be completed within [DELETED] days and Dialysis Center has not materially commenced in good faith to effectuate such cure within such [DELETED] day period, Amgen shall have no obligation to continue to offer the terms described herein or pay any further discounts and/or rebates to Dialysis Center, except those discounts and/or rebates earned by Dialysis Center Purchasers up to the time of a breach which results in termination

 

8.3.

Termination for Denying Access to Designated Affiliates and/or Designated Managed Centers. In the event of a breach by either party of the terms and conditions of Section 9.17, the non-breaching party may

 

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terminate this Agreement for a breach upon [DELETED] days advance written notice specifying the breach, provided that such breach remains uncured at the end of such [DELETED] day period, or, where a cure cannot be completed within such [DELETED] day period, and the breaching party has not commenced in good faith to effectuate a cure within such [DELETED] day period.

 

8.4. Termination for [DELETED]. Either party shall have the right to terminate this Agreement [DELETED] by [DELETED] days prior written notice to the other party.

 

8.5. Compliance with or Change in Law or Regulation. Notwithstanding anything contained herein to the contrary, in order to assure compliance with any existing federal, state or local statute, regulation or ordinance, or at any time following the enactment of any federal, state, or local law, regulation, policy, program memorandum or other interpretation, modification or utilization guideline by any payer that in any material manner reforms, modifies, alters, restricts, or otherwise materially affects the pricing of or reimbursement available for the Product, including the enactment of any reimbursement rule, guideline, final program memorandum, coverage decision, pricing decision, instruction or the like by the Centers for Medicare and Medicaid Services or one of its contractors (carriers or fiscal intermediaries), or any change in reimbursement systems that in any material manner reforms, modifies, alters, restricts or otherwise materially affects the reimbursement available to Dialysis Center for the Product, upon [DELETED] days prior written notice, (i) either party may [DELETED], (ii) Amgen may [DELETED] contained herein, or (iii) Amgen may [DELETED] in this Agreement. Additionally, to assure compliance with any existing federal, state or local statute, regulation or ordinance, Amgen [DELETED]. In the event either party has provided the other party a [DELETED] day notice as described in this Section 8.5, the parties agree to meet and, in good faith, negotiate a [DELETED]. Any such negotiations shall in no way toll or otherwise impact either party’s rights under this Section 8.5.

 

8.6. Effect of Termination. Upon any termination or expiration of this Agreement, any earned and vested rebates shall be paid in accordance with the terms set forth in Section 3. Upon termination of this Agreement for any reason other than actual or threatened breach by Dialysis Center, any earned but unvested rebates shall vest as of the effective date of such termination. In the event of any termination during a [DELETED], Amgen shall pro-rate any data used in calculating payments hereunder, and such payments, as appropriate.

 

8.7. Survival. Sections 7 and 9 shall survive any expiration or termination of this Agreement. Sections 3.23.5, Sections 4 and 8.6 shall survive with respect to periods prior to such expiration or termination.

 

9. MISCELLANEOUS

 

9.1. Amendment. Except as expressly set forth herein, no amendment of this Agreement shall be effective unless expressed in a writing signed by a duly authorized representative of each party.

 

9.2. Assignment. Neither party may assign this Agreement to a third party without the prior written consent of the other party, which consent may not be unreasonably withheld, conditioned, or delayed.

 

9.3. Conflicting Provisions. To the extent that any provisions of Amgen’s general or customary policies and procedures or any terms of any purchase order conflict with or are in addition to the terms of this Agreement or any Exhibit or Schedule attached hereto, the terms of this Agreement and its Exhibits and Schedules shall govern.

 

9.4. Construction. This Agreement shall be deemed to have been jointly drafted by the parties, and no rule of strict construction shall apply against either party. As used herein, the word “including” shall mean “including, without limitation.”

 

9.5. Counterparts; Facsimile/PDF Signatures. This Agreement may be executed in one or more counterparts, each of which shall be considered an original. The parties hereto agree that facsimile or PDF transmission of original signatures shall constitute and be accepted as original signatures.

 

9.6. Currency. All amounts herein are set forth in United States Dollars.

 

Page 12 of 66


9.7. Force Majeure. Neither party will be liable for delays in performance or nonperformance of this Agreement or any covenant contained herein if such delay or nonperformance is a result of Acts of God, civil or military authority, civil disobedience, epidemics, war, failure of carriers to furnish transportation, strike, lockout or other labor disturbances, inability to obtain material or equipment, or any other cause of like or different nature beyond the control of such party. In the event there is a disruption or shortage in supply of the Product, Amgen will use commercially reasonable efforts to notify Authorized Wholesalers of such disruption in a time period and manner that is consistent with Amgen’s notification to other wholesalers of the Product.

 

9.8. Further Assurances. Each party shall perform all further acts reasonably requested by the other to effectuate the purposes of this Agreement, including obtaining the certifications under Section 4 or obtaining purchase data necessary from third parties to calculate any amounts payable pursuant to Exhibit A.

 

9.9. Governing Law. This Agreement shall be governed by the laws of the State of California (without regard to its conflict of law rules) and, except as otherwise set forth in this Agreement, the parties submit to the jurisdiction of the California courts, both state and federal.

 

9.10. Merger. This Agreement, together with the Information Sheet, the Schedules, and the Exhibits constitutes the entire agreement, written or oral, of the parties as of the Term Start Date concerning the subject matter hereof.

 

9.11. No Partnership. The relationship between Amgen and Dialysis Center is that of independent contractors, and not a partnership or an agency, franchise or other relationship. Neither party shall have the authority to bind the other.

 

9.12. Notices. Any notice or other communication required or permitted hereunder (excluding purchase orders) shall be in writing and shall be deemed given or made five (5) days after deposit in the United States mail with proper postage for first-class registered or certified mail prepaid, return receipt requested, or when delivered personally or by facsimile (as shown by concurrent written transmission confirmation and confirmed by overnight mail), or one (1) day following traceable delivery to a nationally recognized overnight delivery service with instructions for overnight delivery, in each case addressed to the address set forth below, or at such designated address that either party shall have furnished to the other in accordance with this Section 9.12:

If to Amgen:

Amgen USA Inc.

One Amgen Center Drive, M/S 27-4-A

Thousand Oaks, CA 91320-1789

Attn: Specialist, Contracts & Pricing – Nephrology Business Unit

Fax: (877) 839-1879

with a copy to :

Amgen USA Inc.

One Amgen Center Drive, M/S 38-5-A

Thousand Oaks, CA 91320-1789

Attn: General Counsel

Fax: (805) 499-4531

If to Amgen Inc.: Amgen Inc.

One Amgen Center Drive, M/S 38-5-A

Thousand Oaks, CA 91320-1789

Attn: General Counsel

Fax No.: (805) 499-4531

 

Page 13 of 66


If to Dialysis Center:

DaVita Inc.

1350 Old Bayshore Highway, Suite 777

Burlingame, California 94010

Attn: Vice-President of Purchasing

Fax No.: (866) 445-0435

with a copy to:

DaVita Inc.

601 Hawaii Street

El Segundo, CA 90245

Attn: General Counsel

Fax No.: (866) 912-0682

 

9.13. Confidentiality. By the nature, terms and performance of this Agreement, Amgen and Dialysis Center acknowledge and agree that the parties will exchange confidential and proprietary information (including business and clinical practices and protocols and patient information) (collectively, “Confidential Information”). Confidential Information includes not only written information but also information transferred orally, visually, electronically, in a machine readable format or by any other means and includes all notes, analyses, compilations, studies and summaries thereof containing or based on, in whole or in part, any Confidential Information. Confidential Information does not include any information which the receiving party can show was publicly available prior to the receipt of such information by the receiving party, or thereafter became publicly available other than by any breach of this Agreement by the receiving party, additionally, for Dialysis Center only, Confidential Information does not include the Data or the Compensation Data. Information shall be deemed “publicly available” if it is a matter of public knowledge or is contained in materials available to the public. Accordingly, the parties agree (a) to hold all such Confidential Information (including the terms of this Agreement) received from the other in confidence and to use such Confidential Information solely for the purposes set forth in this Agreement; and (b) to not disclose any such Confidential Information received from the other, or the terms of this Agreement, to any third party (including Amgen Inc. or any other affiliate of Amgen), or otherwise make such information public without prior written authorization of the other party, except where such disclosure is contemplated hereunder or required by law or pursuant to subpoena or court or administrative order, and then only upon prior written notification to the other party (giving such party an adequate opportunity to take whatever steps it deems necessary to prevent, limit the scope of or contest the disclosure). Any party which seeks to prevent disclosure or to contest or limit the scope of any such disclosure by the other party shall pay all of the costs and expenses incurred by the other party directly related thereto, and such other party shall not unreasonably object to or interfere with the objecting party’s actions it deems necessary to undertake. For purposes of the foregoing, any Confidential Information received by any employee, partner, agent, affiliate, consultant, advisor, data collection vendor or other representative (a “Representative”) of a party to this Agreement pursuant to the terms of this Agreement shall be deemed received by such party to this Agreement, and any breach by any such Representative of the foregoing confidentiality provisions shall be deemed a breach by the respective party to this Agreement.

 

9.14. Severability. Subject to the provisions of Section 8.5, should any one or more of the provisions of this Agreement be determined to be illegal or unenforceable, the parties shall attempt, in good faith, to negotiate a modification of this Agreement so as to comply with the relevant law or regulation. Should they be unable to do so within [DELETED] days, either party shall have the right to terminate this Agreement upon [DELETED] days prior written notice to the other.

 

9.15. Waiver. No party shall be deemed to have waived any right hereunder, unless such waiver is expressed in a writing signed by such party.

 

9.16.

Open Records. To the extent required by §1861(v)(1)(I) of the Social Security Act, as amended, the parties will allow the U.S. Department of Health and Human Services, the U.S. Comptroller General and

 

Page 14 of 66


 

their duly authorized representatives, access to this Agreement and all books, documents and records necessary to certify the nature and extent of costs incurred pursuant to it during the Term and for four (4) years following the last date any Product or services are furnished under it. If Amgen carries out the duties of this Agreement through a subcontract worth $10,000 or more over a 12-month period with a related organization, the subcontract shall also contain an access clause to permit access by the U.S. Department of Health and Human Services, the U.S. Comptroller General, and their duly authorized representatives to the related organization’s books and records.

 

9.17. [DELETED] Amgen’s sales representatives shall be [DELETED]. Amgen covenants and agrees that neither it nor any of its sales representatives shall have access to any Individually Identifiable Health Information [DELETED]. Amgen acknowledges and agrees that (i) all of Dialysis Center’s applicable vendor relations policies and procedures and any updates thereto (the “Policies and Procedures”) that will be in effect during the Term are and will be available for viewing by Amgen and its sales representatives during the Term at http://www.davita.com/about/company/?id=3902 and (ii) Amgen and its sales representatives shall abide by all such Policies and Procedures during the Term [DELETED]. The parties acknowledge and agree that all [DELETED] (the “Initial Materials”). Amgen has delivered a true and correct copy of the Initial Materials listed in Schedule 3 to Dialysis Center prior to the Term Start Date. Amgen covenants and agrees that any changes, modifications and/or supplements to the Initial Materials and/or any [DELETED] must be approved by DCR, which approval may only be given in writing by DCR’s Vice President of Clinical Research or his authorized representative. DCR’s Vice President of Clinical Research or his authorized representative agrees to notify Amgen of his decision within ten (10) business days following receipt of such request; otherwise, such request will be deemed denied.

********

 

Page 15 of 66


The parties have executed this Agreement by their designated representatives set forth below.

 

AMGEN USA INC.     DIALYSIS CENTER
By:   /s/ Neil Bankston     By:   /s/ Dennis Kogod
Name (print):   Neil Bankston     Name (print):   Dennis Kogod
Title:   Executive Director, Contracts & Pricing     Title:   Chief Operating Officer
Date:   12/17/2010     Date:   12/17/2010

Amgen Inc. with respect to certain provisions of this Agreement as set forth herein.

 

Amgen Inc.      
By:   /s/ Neil Bankston      
Name (print):   Neil Bankston      
Title:   Executive Director, Pricing      
Date:   12/17/2010      

 

Page 16 of 66


Exhibit A

Discount Terms and Conditions

 

1 DEFINITIONS. In addition to the defined terms set forth in Section 1 of this Agreement, the following terms, as used in this Exhibit A, shall have the meaning ascribed below.

[DELETED] Rebate Definitions

 

1.1 “[DELETED]” shall mean, at any date of determination, [DELETED] as of such date.

 

1.2 Discounts” shall mean all rebates and discounts set forth in this Agreement that may be earned by the Dialysis Center Purchasers pursuant to the terms and conditions set forth in this Agreement, which shall be earned, calculated and vested as provided in this Agreement.

 

1.3 “[DELETED]” shall mean [DELETED] percent ([DELETED]%) [DELETED] as of [DELETED], which is $[DELETED] per [DELETED] units of EPOGEN, or $[DELETED].

 

1.4 “[DELETED] Rebate” shall mean the rebate described in Section 3.2 of this Exhibit A.

 

1.5 “[DELETED] Rebate Percentage” shall mean, at any date of determination, a percentage (rounded to two decimal places) to calculate any [DELETED] Rebate to be paid to Dialysis Center on account of [DELETED], which [DELETED] Rebate Percentage shall equal:

A – B * C

    A

Where

“A” equals [DELETED]

“B” equals [DELETED]

“C” equals [DELETED] minus the Discounts earned by Dialysis Center Purchasers during such [DELETED], expressed as a percentage of Qualified Gross Purchases

For example, if [DELETED] is $[DELETED], [DELETED] is $[DELETED] and the Discounts earned during the applicable [DELETED] are [DELETED] % of Qualified Gross Purchases for such [DELETED], the [DELETED] Rebate Percentage would be calculated as follows:

[DELETED] Rebate Percentage Illustration:

 

[DELETED] – [DELETED] * ([DELETED] – Discount %)

[DELETED]

 

or

 

$[DELETED] – $[DELETED] * ([DELETED] – [DELETED]) = [DELETED]%

$[DELETED]

 

[DELETED] Rebate Definitions

 

1.6 Aggregate [DELETED] Performance” shall mean [DELETED]% for the period of [DELETED], 2011 through [DELETED], 2011 and [DELETED]% for the period of [DELETED], 2011 through [DELETED], 2011.

 

1.7 Aggregate [DELETED] Percentage” shall mean for any [DELETED] during the Term, the percentage of Dialysis Center Purchasers’ [DELETED] calculated as set forth in Section 3.3.3 of this Exhibit A.

 

Page 17 of 66


1.8 Aggregate [DELETED] Performance” shall mean [DELETED]% for the period of [DELETED], 2011 through [DELETED], 2011 and [DELETED]% for the period of [DELETED], 2011 through [DELETED], 2011.

 

1.9 Aggregate [DELETED] Percentage” shall mean for any [DELETED] during the Term, the percentage of Dialysis Center Purchasers’ [DELETED] calculated as set forth in Section 3.3.4 of this Exhibit A.

 

1.10 [DELETED] Rebate Score” shall mean for any [DELETED] in [DELETED], the “Earned Rebate Score” (as designated in the [DELETED] Rebate Score Table below) multiplied by [DELETED]. The Earned Rebate Score shall be determined by calculating the difference between (A) the Aggregate [DELETED] Percentage for such [DELETED] and (B) Aggregate [DELETED] Performance.

 

[DELETED] Rebate Score Table

Aggregate [DELETED] Percentage

minus Aggregate [DELETED] Performance

  

Earned Rebate Score

[DELETED]% [DELETED]

   [DELETED]

[DELETED]% - [DELETED]%

   [DELETED]

[DELETED]% - [DELETED]%

   [DELETED]

[DELETED]% - [DELETED]%

   [DELETED]

[DELETED]% - [DELETED]%

   [DELETED]

[DELETED]% and [DELETED]

   [DELETED]

 

1.11 [DELETED] Rebate Score” shall mean for any [DELETED] in [DELETED], the “Earned Rebate Score” (as designated in the [DELETED] Rebate Score Table below) multiplied by [DELETED]. The Earned Rebate Score shall be determined by calculating the difference between (A) the Aggregate [DELETED] Percentage for such [DELETED] and (B) the Aggregate [DELETED] Performance.

 

[DELETED] Rebate Score Table

Aggregate [DELETED] Percentage

minus Aggregate [DELETED] Performance

  

Earned Rebate Score

[DELETED]% and [DELETED]

   [DELETED]

[DELETED]% - [DELETED]%

   [DELETED]

[DELETED]% - [DELETED]%

   [DELETED]

[DELETED]%- [DELETED]%

   [DELETED]

[DELETED]% - [DELETED]%

   [DELETED]

[DELETED]% and [DELETED]

   [DELETED]

 

1.12 [DELETED] Rebate” shall mean the rebate described in Section 3.3 of this Exhibit A.

 

1.13 [DELETED] Score” shall mean for any [DELETED] occurring during calendar year [DELETED], a percentage equal to (i) the [DELETED], for such [DELETED], (A) the [DELETED] Rebate Score plus (B) the [DELETED] Rebate Score, [DELETED] (ii) [DELETED] (i.e., the maximum achievable [DELETED] Rebate Score and [DELETED] Rebate Score for such [DELETED]). For the avoidance of doubt, for purposes of calculating [DELETED] Score for the Term, no Dialysis Center Purchasers which have been added or removed during the Term shall be included in the Aggregate Greater than 12 Percentage or the Aggregate Less than Ten Percentage of such calculation and the Aggregate [DELETED] Performance and the Aggregate [DELETED] Performance shall remain unchanged.

 

2 [DELETED]. The rebates Dialysis Center may be eligible to receive as set forth in this Exhibit A are subject to the following [DELETED].

 

2.1

[DELETED]. The rebates set forth in this Exhibit A shall only be paid to Dialysis Center on aggregate Qualified Gross Purchases made during any [DELETED] that do not [DELETED] percent ([DELETED]%) of the aggregate Qualified Gross Purchases made in the immediately preceding [DELETED]. Such calculation shall be adjusted pursuant to Sections 2.2 and 3.4 of the Agreement to

 

Page 18 of 66


 

reflect any Dialysis Center Purchasers added or removed during such period and to remove from the calculation the effect of any change in [DELETED] during the relevant comparison periods.

 

2.2 Amgen may, in its sole discretion, determine that Dialysis Center may be eligible to receive rebates on Qualified Gross Purchases [DELETED] percent ([DELETED]%) if such Qualified Gross Purchases are predicated upon [DELETED]. Amgen shall make such determination based upon a review of all relevant reports including, but not limited to: [DELETED] reports. Such determination must be approved by Amgen’s Corporate Accounts Senior Management.

 

3 PRODUCT REBATES

 

3.1 [DELETED] Rebate. Dialysis Center shall earn the [DELETED] Rebate for each [DELETED] during the Term as described below in this Section 3.1 of this Exhibit A.

 

  3.1.1 Calculation of [DELETED] Rebate. Dialysis Center shall receive an [DELETED] percent ([DELETED]%) [DELETED] rebate payment (the “[DELETED] Rebate”). The [DELETED] Rebate will be calculated as a percentage of the Qualified Gross Purchases during each [DELETED].

 

  3.1.2 Payment of [DELETED] Rebate. Amgen will pay the [DELETED] Rebate within [DELETED] ([DELETED]) days after the end of the corresponding [DELETED].

 

  3.1.3 Vesting of [DELETED] Rebate. The [DELETED] Rebate for a given [DELETED] shall vest on the last day of such [DELETED].

 

3.2 [DELETED] Rebate. Dialysis Center shall earn the [DELETED] Rebate for each [DELETED] during the Term in the manner described below in this Section 3.2 of this Exhibit A.

 

  3.2.1 Trigger Event for [DELETED] Rebate. If within any [DELETED] during the Term, Amgen [DELETED] by an amount which causes [DELETED] to exceed [DELETED], then Dialysis Center Purchasers shall be entitled to the [DELETED] Rebate as calculated in Section 3.2.2 of this Exhibit A. The [DELETED] Rebate shall apply to all Qualified Gross Purchases from the date of the related [DELETED] until the date (if any) at which [DELETED] is [DELETED] during the Term.

 

  3.2.2 Calculation of [DELETED] Rebate. Amgen shall determine the amount of Dialysis Center’s [DELETED] Rebate for any [DELETED] by calculating the product of (i) Qualified Gross Purchases during such [DELETED] which purchases have been made while [DELETED] and (ii) the [DELETED] Rebate Percentage for such [DELETED].

 

  3.2.3 Payment of [DELETED] Rebate. Amgen will pay the [DELETED] Rebate within [DELETED] ([DELETED]) days after the end of the corresponding [DELETED].

 

  3.2.4 Vesting of [DELETED] Rebate. The [DELETED] Rebate for a given [DELETED] shall vest on the last day of such [DELETED].

 

3.3 [DELETED] Rebate. Dialysis Center shall earn the [DELETED] Rebate for each [DELETED] during the Term provided Dialysis Center Purchasers meet the requirements described below in this Section 3.3 of this Exhibit A.

 

  3.3.1 Qualification Criteria. To receive a [DELETED] Rebate on Qualified Gross Purchases during a [DELETED], Dialysis Center Purchasers must submit all [DELETED], as set forth in Schedule 1 of this Agreement, from at least [DELETED] percent ([DELETED]%) of all Dialysis Center Purchasers in accordance with the submission of data requirement set forth in Section 3.4.1 of this Exhibit A; provided, however, that if such [DELETED] percent ([DELETED]%) threshold is not met in any [DELETED] due to the inclusion of [DELETED], Amgen shall exclude any such [DELETED] identified by Amgen and Dialysis Center from such [DELETED] when calculating Dialysis Center’s eligibility for the [DELETED] Rebate at the end of each [DELETED]. For purposes of clarity, the [DELETED] percent ([DELETED]%) will not include Dialysis Center Purchasers that are [DELETED].

 

Page 19 of 66


  3.3.2 Calculation of [DELETED]. Each [DELETED] during the Term, Amgen shall determine the [DELETED] of Dialysis Center Purchasers by adding [DELETED] of Dialysis Center Purchasers during each such [DELETED] based on the Data provided by Dialysis Center to Amgen and dividing the sum by [DELETED] of Dialysis Center Purchasers performed by the Dialysis Center Purchasers during each such [DELETED] (the “[DELETED]”). [DELETED].

 

  3.3.3 Aggregate [DELETED] Percentage Calculation. Each [DELETED] the Aggregate [DELETED] Percentage shall be calculated by adding all [DELETED] in each [DELETED] that are [DELETED] and dividing the sum by the total number of [DELETED] for that [DELETED] (the “[DELETED] Percentage”). The [DELETED] Percentage for each [DELETED] during a [DELETED] are then added and divided by [DELETED] to determine the “Aggregate [DELETED] Percentage” for such [DELETED].

 

  3.3.4 Aggregate [DELETED] Percentage Calculation. Each [DELETED] the Aggregate [DELETED] Percentage shall be calculated by adding all [DELETED] in each [DELETED] that are [DELETED] and dividing the sum by the total number of [DELETED] for that [DELETED] (the “[DELETED] Percentage”). The [DELETED] Percentage for each [DELETED] during a [DELETED] are then added and divided by [DELETED] to determine the “Aggregate [DELETED] Percentage” for such [DELETED].

 

  3.3.5 Calculation of [DELETED] Rebate. For each [DELETED], Amgen shall calculate the amount of Dialysis Center’s [DELETED] Rebate by multiplying Qualified Gross Purchases during such [DELETED] by the applicable [DELETED] Rebate Percentage set forth in the [DELETED] Rebate Table below corresponding to the applicable [DELETED] % Score for such [DELETED].

 

[DELETED] Rebate Table

[DELETED] % Score

  

[DELETED] Percentage

[DELETED]% - [DELETED]%

   [DELETED]%

[DELETED]% - [DELETED]%

   [DELETED]%

[DELETED]% - [DELETED]%

   [DELETED]%

[DELETED]% - [DELETED]%

   [DELETED]%

[DELETED]% and [DELETED]

   [DELETED]%

 

  3.3.6 Payment of [DELETED] Rebate. Amgen will pay the [DELETED] Rebate within [DELETED] days after the end of the corresponding [DELETED].

 

  3.3.7 Vesting of [DELETED] Rebate. The [DELETED] Rebate for a given [DELETED] shall vest on the last day of such [DELETED].

 

3.4 [DELETED] Rebate. Dialysis Center shall qualify for the [DELETED] Rebate (the “[DELETED] Rebate”) for a given [DELETED] provided all Dialysis Center Purchasers provide to Amgen the Data set forth in Schedule 1, and provided Dialysis Center meets the requirements described below in this Section 3.4 of this Exhibit A.

 

  3.4.1 Submission of Data Requirement. Subject to the validity of a Certification as described in Section 4 of this Agreement, Dialysis Center Purchasers must provide to Amgen the Data in a machine readable format acceptable to Amgen (Excel; or text file that is tab delimited, comma delimited, colon delimited or space delimited including a line of column headers identifying the column contents and units, if applicable). The Data files shall contain record counts for each file contained in the data submission; provided, however, that Dialysis Center shall be required to submit such [DELETED] only for those [DELETED].

 

  3.4.2 Calculation of [DELETED] Rebate. Provided Dialysis Center has fulfilled all requirements described in this Section 3.4 of this Exhibit A, Dialysis Center shall be eligible to receive a [DELETED] percent ([DELETED]%) [DELETED] Rebate payment. The [DELETED] Rebate will be calculated as a percentage of the Qualified Gross Purchases during each [DELETED].

 

Page 20 of 66


  3.4.3 Payment of [DELETED] Rebate. The Data must be submitted, on a [DELETED] basis by the last day of the following [DELETED] (or the next business day if such last day is not a business day). If the Data is received after such timeframe for any [DELETED] within a given [DELETED], the total Qualified Gross Purchases during such [DELETED] will be excluded from the calculation of the [DELETED] Rebate for that [DELETED]. Notwithstanding the foregoing, if Amgen receives all required Data from a minimum of [DELETED] percent ([DELETED]%) of all Dialysis Center Purchasers within the time frame referenced above for any [DELETED] within a given [DELETED], the total Qualified Gross Purchases during such [DELETED], will be included in the calculation of the [DELETED] Rebate for that [DELETED]; provided that for purposes of clarity, the [DELETED] percent ([DELETED]%) will not include Dialysis Center Purchasers that are [DELETED]. Failure of Dialysis Center to qualify under this Section 3.4 of this Exhibit A during a particular [DELETED] shall not affect Dialysis Center’s eligibility to qualify during any other [DELETED], nor shall Dialysis Center’s qualification during a particular [DELETED] automatically result in qualification during any other [DELETED]. If Amgen receives all required Data from less than [DELETED] percent ([DELETED]%) of Dialysis Center Purchasers for any [DELETED] within a given [DELETED], no Qualified Gross Purchases during such [DELETED] will be included in the calculation of the [DELETED] Rebate for that [DELETED]; provided, however, that if such [DELETED] percent ([DELETED]%) threshold is not met in any [DELETED] due to the inclusion of [DELETED], Amgen shall exclude any such [DELETED] identified by Amgen and Dialysis Center from such [DELETED] when calculating Dialysis Center’s eligibility for the [DELETED] Rebate at the end of each [DELETED]. However, if Amgen determines that any Dialysis Center Purchaser is consistently not submitting the required Data, Amgen and Dialysis Center will work collaboratively in resolving such inconsistencies. Amgen will use commercially reasonable efforts to notify Dialysis Center in writing, no later than [DELETED] after the receipt and acceptance by Amgen of the Data of the identity of all Designated Affiliates and/or Designated Managed Centers, if any, which have failed to meet the Data submission requirements for that [DELETED]. Amgen reserves the right, in its sole discretion, to exclude any Qualified Gross Purchases of any Designated Affiliate and/or Designated Managed Center that is consistently non-reporting from the calculation of the [DELETED] Rebate for any relevant [DELETED]. Amgen will pay such [DELETED] Rebate within [DELETED] days after the end of the corresponding [DELETED] provided Amgen is in receipt of all Data in the form and in the time period described in Section 3.4.1 of this Exhibit A. If the failure of Dialysis Center to deliver any such Data is a result of a Certification not being valid due to Amgen’s failure to satisfy any Certification Requirement (as described in Section 4 of this Agreement) then the [DELETED] Rebate shall still be available to Dialysis Center and payable by Amgen, in which case Dialysis Center shall deliver the Data to Amgen as soon as the Certification becomes valid. Upon a valid Certification being issued, Dialysis Center shall submit to Amgen all Data dating back to the date Dialysis Center stopped submitting the Data to Amgen within [DELETED] days.

 

  3.4.4 Vesting of [DELETED] Rebate. The [DELETED] Rebate for a given [DELETED] shall vest on the last day of such [DELETED].

 

3.5 [DELETED] Rebate. Dialysis Center shall qualify for the [DELETED] Rebate (the “[DELETED] Rebate”) for each [DELETED] during the Term provided it meets the requirements described below in this Section 3.5 of this Exhibit A. The purpose of the [DELETED] Rebate is to improve the [DELETED] of all Data sent from Dialysis Center to Amgen, such that the processes used by both parties are more efficient and timely.

 

  3.5.1 Requirements. For each [DELETED] during the Term the following requirements shall be met to earn the [DELETED] Rebate:

 

  3.5.1.1 Dialysis Center must adhere to [DELETED] agreed upon with Amgen following any [DELETED] by Dialysis Center and/or a [DELETED] of Dialysis Center.

 

Page 21 of 66


  3.5.1.2 Dialysis Center shall participate in [DELETED] with Amgen to discuss the status of each project, with additional [DELETED] as required.

 

  3.5.1.3 Dialysis Center shall cooperate with Amgen to define [DELETED].

 

  3.5.1.4 Dialysis Center shall adhere to the process for [DELETED].

 

  3.5.1.5 Dialysis Center shall collaborate with Amgen to review and monitor processes to assure that [DELETED].

 

  3.5.1.6 Dialysis Center shall use its best efforts to deliver [DELETED] to Amgen in [DELETED] days or less.

 

  3.5.1.7 Dialysis Center shall continue to collaborate with Amgen to develop [DELETED].

 

  3.5.1.8 Dialysis Center shall adhere to the agreed upon process for notifying Amgen of [DELETED].

 

  3.5.1.9 Dialysis Center shall meet with Amgen during the [DELETED] of the Term to develop a mutually agreeable plan of action intended to develop and improve [DELETED] (a “Plan of Action”). The Plan of Action shall be set forth in a detailed written plan and attached as an addendum to this Agreement on or before the end of the [DELETED] of the Term. The Plan of Action shall include detailed deliverables and activities on a specific timeline for the remainder of the Term. The deliverables and timeline goals set forth in the Plan of Action shall be used to determine the requirements for earning the [DELETED] Rebate in the [DELETED] of the Term.

 

  3.5.1.10 To qualify for the [DELETED] Rebate during the [DELETED] of the Term, Dialysis Center must achieve the [DELETED] as set forth in such Plan of Action; provided, that the only requirement for Dialysis Center to earn the [DELETED] Rebate during the [DELETED] of the Term shall be to develop [DELETED] for the Term.

 

  3.5.2 Calculation of [DELETED] Rebate. Provided Dialysis Center has fulfilled all requirements described in this Section 3.5 of this Exhibit A, Dialysis Center shall be eligible to receive a [DELETED] percent ([DELETED]%) [DELETED] Rebate payment. The [DELETED] Rebate will be calculated as a percentage of the Qualified Gross Purchases during each [DELETED].

 

  3.5.3 Payment of [DELETED] Rebate. Amgen will pay the [DELETED] Rebate within [DELETED] days after the end of the corresponding [DELETED].

 

  3.5.4 Vesting of [DELETED] Rebate. The [DELETED] Rebate for a given [DELETED] shall vest on the last day of such [DELETED].

 

3.6 [DELETED] Rebate. Dialysis Center shall earn the [DELETED] Rebate for each [DELETED] during the Term provided it continues the [DELETED] and meets the requirements described below in this Section 3.6 of this Exhibit A.

 

  3.6.1 [DELETED] Rebate Requirements. Dialysis Center shall meet the following requirements:

 

  3.6.1.1 provide a [DELETED] regarding related activities undertaken in the [DELETED] of the Term;

 

  3.6.1.2 provide any copies of [DELETED], in the [DELETED] of the Term during that [DELETED];

 

  3.6.1.3 provide a [DELETED] regarding related activities undertaken in the [DELETED] of the Term;

 

  3.6.1.4 provide any copies of [DELETED], in the [DELETED] of the Term during that [DELETED]; and

 

  3.6.1.5 participate in [DELETED] with Amgen to [DELETED].

 

Page 22 of 66


  3.6.2 Calculation of [DELETED] Rebate. Provided Dialysis Center has fulfilled all requirements described in this Section 3.6 of this Exhibit A, Amgen shall calculate the amount of Dialysis Center’s [DELETED] Rebate each [DELETED] during the Term by multiplying Qualified Gross Purchases during each such [DELETED] during the Term by [DELETED] percent ([DELETED]%).

 

  3.6.3 Payment of [DELETED] Rebate. Amgen will pay the [DELETED] Rebate within [DELETED] days after the end of the corresponding [DELETED].

 

  3.6.4 Vesting of [DELETED] Rebate. The [DELETED] Rebate for each [DELETED] shall vest on the last day of each such [DELETED].

 

4 SUMMARY OF DISCOUNTS

Provided Dialysis Center has fulfilled all discount requirements and the highest levels of performance described in this Exhibit A, the total discount opportunity is as set forth in the Summary of Discounts Table below.

 

Summary of Discounts Table

[DELETED]

   [DELETED]%

[DELETED] Rebate

   [DELETED]%

[DELETED] Rebate

   [DELETED]%

[DELETED] Rebate

   [DELETED]%

[DELETED] Rebate

   [DELETED]%

[DELETED] Rebate

   [DELETED]%

Total Discount Opportunity

   [DELETED]%

 

Page 23 of 66


Exhibit B

Authorized Wholesalers

ASD Specialty Healthcare, Sub of ABC Specialty Group

Addison, TX

CMA 600615

AmerisourceBergen Drug Corporation

Thorofare, NJ

CMA 600124

 

Page 24 of 66


Exhibit C

Designated Affiliates

 

Member Name

 

Member Street

  Member City   Member
State
  Member
ZIP
  [DELETED]   [DELETED]

Davita 3185 Athens Acutes

 

15953 Athens Limestone Dr

  Athens   AL   35611   [DELETED]   [DELETED]

Davita Athens At Home #6283

 

15953 Athens Limestone Dr

  Athens   AL   35611   [DELETED]   [DELETED]

Davita Athens Dialysis #4036

 

15953 Athens Limestone Dr

  Athens   AL   35613   [DELETED]   [DELETED]

Atmore Dialysis Center

 

807 East Craig Street

  Atmore   AL   36502   [DELETED]   [DELETED]

Davita Bessemer

 

901 Westlake Mall, Suite 101

  Bessemer   AL   35020   [DELETED]   [DELETED]

Davita—Center Point Dialysis

 

2337 1st Street North East

  Birmingham   AL   35215   [DELETED]   [DELETED]

Davita 2614 Birmingham East

 

1105 E. Park Dr

  Birmingham   AL   35235   [DELETED]   [DELETED]

Davita 3377 Birmingham Central

 

728 Richard Arrington Blvd S.

  Birmingham   AL   35233   [DELETED]   [DELETED]

Davita 3379 Birmingham North

 

1917 32nd Ave N.

  Birmingham   AL   35207   [DELETED]   [DELETED]

Davita 3382 Ensley

 

2630 Avenue E.

  Birmingham   AL   35218   [DELETED]   [DELETED]

Davita Birmingham At Home

 

2101 7th Ave S.

  Birmingham   AL   35233   [DELETED]   [DELETED]

Davita Birmingham Home Training

 

2101 7th Ave S.

  Birmingham   AL   35233   [DELETED]   [DELETED]

Davita 3343 Boaz

 

16 Central Henderson Rd

  Boaz   AL   35957   [DELETED]   [DELETED]

Davita- Home Dialysis Options of South Baldwin

 

27880 North Main Street, Suite A

 

Daphne
  AL   36526   [DELETED]   [DELETED]

Davita 2616 Demopolis

 

511 S. Cedar Ave

  Demopolis   AL   36732   [DELETED]   [DELETED]

Davita 2609 Dothan

 

216 Graceland Dr

  Dothan   AL   36305   [DELETED]   [DELETED]

Davita Wire Grass Kidney Center #4343 Dialysis

 

1450 Ross Clark Cir Ste 200

 

Dothan
  AL   36301   [DELETED]   [DELETED]

Davita- Dothan At Home

 

216 Graceland Dr

  Dothan   AL   36305   [DELETED]   [DELETED]

Physicians Choice Dialysis of Alabama, LLC—East Montgomery

 


6890 Winton Blount Boulevard

 



East Montgomery
  AL   36117   [DELETED]   [DELETED]

Davita 3610 Eufaula

 

220 S. Orange Ave

  Eufaula   AL   36027   [DELETED]   [DELETED]

Davita Greene County Dialysis

 

544 Us Highway 43

  Eutaw   AL   35462   [DELETED]   [DELETED]

Davita—Fayette Dialysis

 

2450 Temple Avenue North

  Fayette   AL   35555   [DELETED]   [DELETED]

Davita 3131 Florence Dialysis

 

422 E. Doctor Hicks Blvd Ste B.

  Florence   AL   35630   [DELETED]   [DELETED]

Davita Renaissance At Home #56956

 

1840 Darby Dr

 

Florence
  AL   35630   [DELETED]   [DELETED]

Davita Renaissance Dialysis Center

 

1840 Darby Dr

  Florence   AL   35630   [DELETED]   [DELETED]

Davita #1756 South Baldwin Dialysis

 

150 West Peachtree Street

 

Foley
  AL   36535   [DELETED]   [DELETED]

Davita South Baldwin At Home

 

150 W. Peach Tree Avenue

  Foley   AL   36535   [DELETED]   [DELETED]

Davita Gadsden

 

409 S. 1st St.

  Gadsden   AL   35901   [DELETED]   [DELETED]

Davita Gulf Shores Dialysis Center #4402

 

3947 Gulf Shores Parkway Hwy 59

 



Gulf Shores
 



AL
  36542   [DELETED]   [DELETED]

Davita Pdi Montgomery At Home

 

1001 Forest Ave

  Montgomery   AL   36106   [DELETED]   [DELETED]

Physicians Choice Dialysis—Montgomery

 

1001 Forest Ave

 

Montgomery
  AL   36106   [DELETED]   [DELETED]

Davita Muscle Shoals Dialysis Center #4399

 

712 State St.

 

Muscle Shoals
  AL   35661   [DELETED]   [DELETED]

Davita 3619 Northport

 

2401 Hospital Dr

  Northport   AL   35476   [DELETED]   [DELETED]

Davita Opelika Center At Home Dialysis #5970

 

2340 Pepperell Pkwy

 

Opelika
  AL   36801   [DELETED]   [DELETED]

Davita 3092 Ozark

 

214 Hospital Ave

  Ozark   AL   36360   [DELETED]   [DELETED]

Davita #0843 Phenix City Dialysis Center

 

1900 Opelika Road

 

Phenix City
  AL   36867   [DELETED]   [DELETED]

Davita—Pdi Jackson Acutes #1072 Dialysis

 

1815 Glynwood Drive

 

Prattville
  AL   36066   [DELETED]   [DELETED]

Davita 2601 Rainbow City-Gadsden East

 

2800 Rainbow Dr

 

Rainbow City
  AL   35906   [DELETED]   [DELETED]

Davita Rainbow City—At Home Clinic #6282

 

2800 Rainbow Drive

 

Rainbow City
  AL   35906   [DELETED]   [DELETED]

Davita 3485 Russellville

 

14897 Highway 43

  Russellville   AL   35653   [DELETED]   [DELETED]

Davita 3038 Sheffield

 

1120 S. Jackson Hwy Ste 107

  Sheffield   AL   35660   [DELETED]   [DELETED]

Davita 3383 Sylacauga

 

331 James Payton Blvd

  Sylacauga   AL   35150   [DELETED]   [DELETED]

Davita Sylacauga At Home

 

331 James Payton Blvd

  Sylacauga   AL   35150   [DELETED]   [DELETED]

Davita-Talladega

 

726 Battle Street East, Suite A

  Talladega   AL   35160   [DELETED]   [DELETED]

Davita 2615 Tuscaloosa

 

805 Old Mill St.

  Tuscaloosa   AL   35401   [DELETED]   [DELETED]

Davita 3206 Tuscaloosa University

 

220 15th St.

  Tuscaloosa   AL   35401   [DELETED]   [DELETED]

Davita Tuscaloosa At Home

 

805 Old Mil Street

  Tuscaloosa   AL   35401   [DELETED]   [DELETED]

Physicians Choice Dialysis of Alabama, LLC—Elmore

 

515 Hospital Drive

 

Wetumpka
  AL   36092   [DELETED]   [DELETED]

Davita—Bentonville Dialysis

 

1104 Se 30th St.

  Bentonville   AR   72712   [DELETED]   [DELETED]

Davita—Fayetteville Dialysis

 

509 East Millsap Road, Suite 111

  Fayetteville   AR   72703   [DELETED]   [DELETED]

Davita Forrest City Dialysis Center #4430

 

1501 N. Washington St.

 

Forrest City
  AR   72335   [DELETED]   [DELETED]

Davita 6237 Jacksonville Central At Home Dialysis

 

400 T. P. White Dr

 

Jacksonville
  AR   72076   [DELETED]   [DELETED]

 

Page 25 of 66


Member Name

 

Member Street

  Member
City
  Member
State
  Member
ZIP
  [DELETED]   [DELETED]

Davita Jacksonville Central Dialysis

 

400 T. P. White Dr

  Jacksonville   AR   72076   [DELETED]   [DELETED]

Davita

 

5800 W. 10th St. Ste 510

  Little Rock   AR   72204   [DELETED]   [DELETED]

Davita Central Little Rock
Dialysis 3615

 

5800 West 10th Street, Suite 510

 

Little Rock
  AR   72204   [DELETED]   [DELETED]

Davita- Central Little Rock At Home

 

5800 West 10th Street, Suite 510

  Little Rock   AR   72204   [DELETED]   [DELETED]

Davita-Mena Dialysis

 

1200 Crestwood Circle

  Mena   AR   71953   [DELETED]   [DELETED]

Davita Little Rock Clinic

 

4505 East Mccain Boulevard

  North Little
Rock
 

AR
 

72117
  [DELETED]   [DELETED]

Davita—Siloam Springs Dialysis

 

500 South Mount Olive, Suite 107

  Siloam
Springs
 

AR
 

72761
  [DELETED]   [DELETED]

Davita—Springdale Dialysis

 

708 Quandt St.

  Springdale   AR   72764   [DELETED]   [DELETED]

Davita Ocotillo Dialysis Center #4405

 

975 W. Chandler Heights Rd Bldg A Ste 101

 

Chandler
 

AZ
  85248   [DELETED]   [DELETED]

Davita Chinle Dialysis Facility

 

U.S. Highway 191, PO Box 879

  Chinle   AZ   86503   [DELETED]   [DELETED]

Southwest Kidney—Davita Dialysis Partners, LLC Dba: Gilbert—Dialysis Center

 


5222 East Baseline Road, Suite 104

 



Gilbert
  AZ   85234   [DELETED]   [DELETED]

Davita—Phoenix At Home

 

20325 North 51st Ave Bldg 11, Suite 184

 

Glendale
 

AZ
  85308   [DELETED]   [DELETED]

Davita Brookwood Dialysis
Center #4374

 

8910 N. 43rd Ave Ste 107

 

Glendale
  AZ   85302   [DELETED]   [DELETED]

Southwest Kidney -Davita Dialysis Partners, LLC Dba: Arrowhead Lakes—Dialysis Center

 


20325 N. 51st Ave Bldg 11 Ste 186

 



Glendale
  AZ   85308   [DELETED]   [DELETED]

Davita Kayenta Dialysis Facility

 

Highway 163, PO Box 217

  Kayenta   AZ   86033   [DELETED]   [DELETED]

Davita—Mountain Vista Dialysis Center #1952

 

10238 E. Hampton Ave Ste 108

 

Mesa
  AZ   85209   [DELETED]   [DELETED]

Davita 4355 Central Mesa Dialysis Center

 

1134 E. University Dr Ste 101

 

Mesa
  AZ   85203   [DELETED]   [DELETED]

Davita Nogales

 

1231 West Target Range Road

  Nogales   AZ   85621   [DELETED]   [DELETED]

Davita—Rim County Dialysis Center

 

809 West Longhorn Road

  Payson   AZ   85541   [DELETED]   [DELETED]

Davita 4364 Maryvale Dialysis Center

 

4845 W. Mcdowell Rd Ste 10

  Phoenix   AZ   85035   [DELETED]   [DELETED]

Davita Estrella Dialysis #1936

 

8410 West Thomas Road Building 1, Suite 100

 

Phoenix
 

AZ
  85037   [DELETED]   [DELETED]

Davita Raven Dialysis Center #4371

 

3540 E. Baseline Rd Ste 110

  Phoenix   AZ   85042   [DELETED]   [DELETED]

Papago Dialysis Center

 

1401 North 24th Street, Suite 2

  Phoenix   AZ   85008   [DELETED]   [DELETED]

Southwest Kidney -Davita Dialysis Partners, LLC Dba: Phoenix Dialysis Center

 


337 East Coronado Road, Suite 101

 



Phoenix
  AZ   85004   [DELETED]   [DELETED]

Davita Dialysis Unit—Hopi Health Care Center

 

Highway 264- Mile Marker 388

 

Polacca
  AZ   86042   [DELETED]   [DELETED]

Davita

 

20201 North Scottsdale Healthcare Drive Suite 100

 

Scottsdale
 

AZ
  85255   [DELETED]   [DELETED]

Davita #2022, Dba: Scottsdale Dialysis Center

 

4725 N. Scottsdale Rd Ste 100

 

Scottsdale
  AZ   85251   [DELETED]   [DELETED]

Davita Camelback At Home Hemo #6000

 

7321 East Osborn Drive

 

Scottsdale
  AZ   85251   [DELETED]   [DELETED]

Davita Desert Mountain Dialysis

 

9220 East Mountainview Road,
Suite 105

 

Scottsdale
 

AZ
  85258   [DELETED]   [DELETED]

Davita 3046 Sells

 

Highway 86, Indian Health Service Hospital

 

Sells
 

AZ
  85634   [DELETED]   [DELETED]

Davita—Sierra Vista

 

629 North Highway, Bypass 92, Suite 6 and 7

 

Sierra Vista
 

AZ
  85635   [DELETED]   [DELETED]

Davita #2038 Palm Brook Dialysis Center

 

14664 North Del Webb Boulevard

 

Sun City
  AZ   85351   [DELETED]   [DELETED]

Davita-Westbrook Dialysis

 

13907 W. Camino Del Sol

  Sun City   AZ   85375   [DELETED]   [DELETED]

Davita—Grand Home

 

14674 W. Mountain View Blvd Ste 204

 

Surprise
 

AZ
  85374   [DELETED]   [DELETED]

Southwest Kidney—Davita Dialysis Partners, LLC Dba: Tempe—Dialysis Center

 


2149 East Warner Road, Suite 110

 



Tempe
  AZ   85284   [DELETED]   [DELETED]

Southwest Kidney -Davita Dialysis At Home

 

2149 East Warner Road, Suite 109

 

Tempe
  AZ   85284   [DELETED]   [DELETED]

Davita Tuba City

 

500 Edgewater Drive

  Tuba City   AZ   86045   [DELETED]   [DELETED]

Davita—Tucson East At Home

 

6420 E. Broadway Blvd Ste C300

  Tucson   AZ   85710   [DELETED]   [DELETED]

Davita—Tuscon Central Dialysis Center #2427

 

2901 E. Grant Rd

 

Tucson
  AZ   85716   [DELETED]   [DELETED]

Davita—West Tucson

 

1780 West Anklam Road

  Tucson   AZ   85745   [DELETED]   [DELETED]

Davita 3203 Tucson South

 

3662 South 16th Avenue

  Tucson   AZ   85713   [DELETED]   [DELETED]

Davita 3261 Pascua Yaqui

 

7490 South Camino De Oeste

  Tucson   AZ   85746   [DELETED]   [DELETED]

Davita Northwest Tucson

 

2945 W. Ina Rd Ste 105

  Tucson   AZ   85741   [DELETED]   [DELETED]

Davita Rita Ranch Dialysis
Center #4365

 

7355 S. Houghton Rd Ste 101

 

Tucson
  AZ   85747   [DELETED]   [DELETED]

Davita Tuscon East At Home

 

6420 E. Broadway Blvd Suite-C300

  Tucson   AZ   85710   [DELETED]   [DELETED]

 

Page 26 of 66


Member Name

 

Member Street

  Member
City
  Member
State
  Member
ZIP
  [DELETED]   [DELETED]

Davita Tuscon South Central

 

2024 East Irvington Street, Suite 7

  Tucson   AZ   85714   [DELETED]   [DELETED]

Davita 2508 Yuma

 

2130 West 24th Street

  Yuma   AZ   85364   [DELETED]   [DELETED]

Davita 3050 Yuma South

 

3010 South Fourth Avenue

  Yuma   AZ   85364   [DELETED]   [DELETED]

Davita 4057 Anaheim

 

1107 West La Palma Avenue

  Anaheim   CA   92801   [DELETED]   [DELETED]

Davita Anaheim West
Dialysis #2485

 

1821 W. Lincoln Ave

 

Anaheim
  CA   92801   [DELETED]   [DELETED]

Antioch Dialysis Center

 

3100 Delta Fair Boulevard

  Antioch   CA   94509   [DELETED]   [DELETED]

Davita 3009 Victor Valley

 

16049 Kamana Rd

  Apple Valley   CA   92307   [DELETED]   [DELETED]

Davita Atwater Dialysis

 

580 East Bellvue Road

  Atwater   CA   95301   [DELETED]   [DELETED]

Davita 3860 Auburn

 

3126 Professional Drive, Suite 100

  Auburn   CA   95603   [DELETED]   [DELETED]

Bakersfield Dialysis Center

 

5143 Office Park Drive

  Bakersfield   CA   93309   [DELETED]   [DELETED]

Davita 3633 Bakersfield South

 

7701 White Lane, Suite D

  Bakersfield   CA   93309   [DELETED]   [DELETED]

Davita 3821 Northeast Bakersfield

 

3761 Mall View Rd

  Bakersfield   CA   93306   [DELETED]   [DELETED]

Davita White Lane At Home #6251 Dialysis

 

7701 White Ln

 

Bakersfield
  CA   93309   [DELETED]   [DELETED]

Davita-Bakersfield Brimhall
Dialysis #3820

 

8501 Brimhall Rd Bldg 500

 

Bakersfield
  CA   93312   [DELETED]   [DELETED]

Davita 2571 Banning

 

6090 West Ramsey Street

  Banning   CA   92220   [DELETED]   [DELETED]

Davita Bellflower Dialysis Center

 

15736 Woodruff Avenue

  Bellflower   CA   90706   [DELETED]   [DELETED]

Davita 3109 Benicia

 

560 First Street, Suite D-103

  Benicia   CA   94510   [DELETED]   [DELETED]

Davita 3039 Berkeley

 

2920 Telegraph Ave

  Berkeley   CA   94705   [DELETED]   [DELETED]

Davita—Beverly Hills Dialysis Center

 

50 N. La Cienega Boulevard,
Suite 300

 



Beverly Hills
 



CA
  90211   [DELETED]   [DELETED]

Davita Brea Dialysis Center

 

595 Tamarack Avenue, Suite A

  Brea   CA   92821   [DELETED]   [DELETED]

Davita Burbank Dialysis

 

1211 North San Fernando Boulevard

 

Burbank
 

CA
  91504   [DELETED]   [DELETED]

Davita Camarillo Dialysis #5531

 

2438 N. Ponderosa Dr Ste C101

  Camarillo   CA   93010   [DELETED]   [DELETED]

Davita Manzanita At Home #6016

 

4005 Manzanita Avenue, Suite 18

  Carmichael   CA   95608   [DELETED]   [DELETED]

Davita Manzanita Dialysis

 

4005 Manzanita Avenue, Suite 17

  Carmichael   CA   95608   [DELETED]   [DELETED]

Davita Manzanita Home Training Center #284

 

4005 Manzanita Ave Ste 18

 

Carmichael
  CA   95608   [DELETED]   [DELETED]

Davita Ceres Dialysis Center

 

1768 Mitchell Road, Suite 308

  Ceres   CA   95307   [DELETED]   [DELETED]

Chico Dialysis Center

 

530 Cohasset Road

  Chico   CA   95926   [DELETED]   [DELETED]

South Chico Dialysis Center

 

2345 Forest Avenue

  Chico   CA   95928   [DELETED]   [DELETED]

Davita 3506 Chino

 

4445 Riverside Dr

  Chino   CA   91710   [DELETED]   [DELETED]

Antelope Dialysis Center, Dba: Total Renal Care-Antelope Clinic

 

6406 Tupelo Drive, Suite A

 

Citrus Heights
  CA   95621   [DELETED]   [DELETED]

Davita Clearlake Dialysis Center

 

14400 Olympic Dr

  Clearlake   CA   95422   [DELETED]   [DELETED]

Davita Gateway Plaza Dialysis Center #4320

 

1580 W. Rosecrans Ave

 

Compton
  CA   90220   [DELETED]   [DELETED]

Davita Concord Dialysis
Center #2066

 

2300 Stanwell Drive, Suite C

 

Concord
  CA   94520   [DELETED]   [DELETED]

Da Vita—Corona Dialysis Center

 

1820 Fullerton Avenue, Suite 180

  Corona   CA   92881   [DELETED]   [DELETED]

Davita 3614 Costa Mesa

 

1590 Scenic Ave

  Costa Mesa   CA   92626   [DELETED]   [DELETED]

Davita Premier Dialysis

 

7612 Atlantic Ave

  Cudahy   CA   90201   [DELETED]   [DELETED]

Davita

 

1498 Southgate Ave Ste 101

  Daly City   CA   94015   [DELETED]   [DELETED]

Davita—Daly City At Home #6046

 

1498 Southgate Avenue, Suite 101

  Daly City   CA   94015   [DELETED]   [DELETED]

Davita Westlake Daly City Dialysis Center #2265

 

2201 Junipero Serra Blvd

 

Daly City
  CA   94014   [DELETED]   [DELETED]

Davita 4026 Delano

 

905 Main Street

  Delano   CA   93215   [DELETED]   [DELETED]

Davita Kern Valley State Prison

 

29393 Cecil Ave

  Delano   CA   93215   [DELETED]   [DELETED]

Davita #2386 Joy of Dixon

 

1640 N. Lincoln St.

  Dixon   CA   95620   [DELETED]   [DELETED]

Davita #2218 Downey Landing

 

11611 Bellflower Blvd

  Downey   CA   90241   [DELETED]   [DELETED]

Davita# 0617 Downey Dialysis Center

 

8630 Florence Ave Ste 100

 

Downey
  CA   90240   [DELETED]   [DELETED]

Davita 3849 El Cerrito

 

10690 San Pablo Ave

  El Cerrito   CA   94530   [DELETED]   [DELETED]

Davita Greater El Monte Dialysis Center

 

1938 Tyler Avenue, Suite J-168

 

El Monte
  CA   91733   [DELETED]   [DELETED]

Rosemead Springs Dialysis
Center #1518

 

3212 Rosemead Boulevard

 

El Monte
  CA   91731   [DELETED]   [DELETED]

Davita—West Elk Grove Dialysis Center

 

2208 Kausen Drive, Suite 100

 

Elk Grove
  CA   95758   [DELETED]   [DELETED]

Davita Elk Grove Dialysis

 

9281 Office Park Circle, Suite 105

  Elk Grove   CA   95758   [DELETED]   [DELETED]

Davita 3486 Encinitas

 

332 Santa Fe Drive, Suite 100

  Encinitas   CA   92024   [DELETED]   [DELETED]

Davita #1865 South Valley Dialysis

 

17815 Ventura Blvd Ste 100

  Encino   CA   91316   [DELETED]   [DELETED]

Davita #6196- South Valley At Home

 

17815 Venutra Blvd., Suite 100

 

Encino
  CA   91316   [DELETED]   [DELETED]

Davita 3055 Escondido

 

203 East Second Avenue

  Escondido   CA   92025   [DELETED]   [DELETED]

Davita 3669 Escondido Home Training

 

635 East Grand Avenue

 

Escondido
  CA   92025   [DELETED]   [DELETED]

Davita #2266

 

1116 West Visalia Road, Suite 106

  Exeter   CA   93221   [DELETED]   [DELETED]

Davita—Fairfield Dialysis Center

 

4660 Central Way

  Fairfield   CA   94534   [DELETED]   [DELETED]

Davita #4005 Fontana Dialysis

 

17590 Foothill Blvd

  Fontana   CA   92335   [DELETED]   [DELETED]

Davita #1281—Foster City Dialysis

 

1261 E. Hillside Blvd

  Foster City   CA   94404   [DELETED]   [DELETED]

 

Page 27 of 66


Member Name

 

Member Street

  Member
City
  Member
State
  Member
ZIP
  [DELETED]   [DELETED]

Davita—Fresno Pd

 

568 East Herndon Avenue, Suite 301

 

Fresno
 

CA
  93720   [DELETED]   [DELETED]

Davita 3593 Palm Bluffs

 

770 West Pinedale

  Fresno   CA   93711   [DELETED]   [DELETED]

Davita Ash Tree #1786

 

2666 North Grove Industrial Drive, Suite 106

 

Fresno
 

CA
  93727   [DELETED]   [DELETED]

Davita Ash Tree Pd #1787

 

2666 North Grove Industrial Drive, Suite 106

 

Fresno
 

CA
  93727   [DELETED]   [DELETED]

Davita Fresno

 

1111 East Warner Avenue

  Fresno   CA   93710   [DELETED]   [DELETED]

Davita 3058 Fullerton

 

238 Orangefair Avenue

  Fullerton   CA   92832   [DELETED]   [DELETED]

Davita Crossroads Dialysis Center

 

3214 Yorba Linda Boulevard

  Fullerton   CA   92831   [DELETED]   [DELETED]

Satellite Dialysis Gilroy Pd

 

7800 Arroyo Cir Ste B.

  Gilroy   CA   95020   [DELETED]   [DELETED]

Davita Glendale

 

1000 East Palmer Avenue

  Glendale   CA   91205   [DELETED]   [DELETED]

Davita North Glendale
Dialysis #5530

 

1505 Wilson Terrace, Suite 190

 

Glendale
  CA   91206   [DELETED]   [DELETED]

Davita 3590 Penn Valley Home Training

 

776 Freeman Ln Suite Aandb

 

Grass Valley
  CA   95949   [DELETED]   [DELETED]

Davita 3861 Grass Valley

 

360 Crown Point Cir Suite 210

  Grass Valley   CA   95945   [DELETED]   [DELETED]

Davita Grass Valley At Home #6325

 

360 Crown Point Cir Suite 210

  Grass Valley   CA   95945   [DELETED]   [DELETED]

Davita 3831 Hanford

 

402 West Eighth Street

  Hanford   CA   93230   [DELETED]   [DELETED]

Davita Hawaiian Gardens #2455

 

12191 226th St.

  Hawaiian
Gardens
 

CA
 

90716
  [DELETED]   [DELETED]

Davita—Sunrise Dialysis Center, Inc.

 

13039 Hawthorne Boulevard

  Hawthorne   CA   90250   [DELETED]   [DELETED]

Davita Hayward Dialysis Center

 

21615 Hesperian Boulevard, Suite F.

 

Hayward
 

CA
  94541   [DELETED]   [DELETED]

Total Renal Care—South Hayward Dialysis Center

 

254 Jackson Street

 

Hayward
  CA   94544   [DELETED]   [DELETED]

Davita Diamond Valley Dialysis Center

 

1030 East Florida Avenue

 

Hemet
  CA   92543   [DELETED]   [DELETED]

Davita Hemet Dialysis Center

 

3050 W. Florida Ave

  Hemet   CA   92545   [DELETED]   [DELETED]

Davita Hesperia Dialysis
Center #2278

 

14135 Main St. Ste 501

 

Hesperia
  CA   92345   [DELETED]   [DELETED]

Davita Highland Ranch
Dialysis #2475

 

7223 Church St. Ste A14

 

Highland
  CA   92346   [DELETED]   [DELETED]

Davita 3059 Huntington Beach

 

16892 Bolsa Chica Street

  Huntington
Beach
 

CA
 

92649
  [DELETED]   [DELETED]

Davita Huntington Park
Dialysis #2310

 

5942 Rugby Ave

 

Huntington
Park
 

CA
 

90255
  [DELETED]   [DELETED]

Davita 3001 Inglewood

 

125 East Arbor Vitae

  Inglewood   CA   90301   [DELETED]   [DELETED]

Davita 3212 Airport-Fka Inglewood

 

4632 West Century Boulevard

  Inglewood   CA   90304   [DELETED]   [DELETED]

Davita Imperial

 

2738 West Imperial Highway

  Inglewood   CA   90303   [DELETED]   [DELETED]

Davita Dialysis 3488-1 San Diego-Scripps Green Hospital-Acute

 

10666 N. Torrey Pines Rd

 

La Jolla
  CA   92037   [DELETED]   [DELETED]

Davita Dialysis 3488-4—Scripps Memorial Hosp-Acute

 

9888 Genesee Ave

 

La Jolla
  CA   92037   [DELETED]   [DELETED]

Davita 4061 Saddleback

 

23141 Plaza Pointe Drive

  Laguna Hills   CA   92653   [DELETED]   [DELETED]

Lake Elsinore Dialysis

 

32291 Mission Trail Road, Building S.

 

Lake Elsinore
 

CA
  92530   [DELETED]   [DELETED]

Total Renal Care—Lakeport

 

804 11th Street

  Lakeport   CA   95453   [DELETED]   [DELETED]

Davita Lakewood Dialysis Center

 

4645 Silva Street

  Lakewood   CA   90712   [DELETED]   [DELETED]

Davita—Antelope Valley Dialysis Center

 

1759 West Avenue J, Suite 102

 

Lancaster
  CA   93534   [DELETED]   [DELETED]

Davita #2334

 

3201 Doolan Rd Suite 175

  Livermore   CA   94551   [DELETED]   [DELETED]

Davita—Lodi Community Dialysis, Inc.

 

1610 West Kettleman Lane, Suite D

 

Lodi
  CA   95242   [DELETED]   [DELETED]

Davita—Tokay Dialysis
Center #2016

 

312 Fairmont Ave Ste A

 

Lodi
  CA   95240   [DELETED]   [DELETED]

Davita Tokay Home Dialysis

 

777 S. Ham Lane, Suite L.

  Lodi   CA   95242   [DELETED]   [DELETED]

Davita #0438 United Dialysis Center

 

3111 Long Beach Boulevard

  Long Beach   CA   90807   [DELETED]   [DELETED]

Davita—Bixby Knolls #2137

 

3744 Long Beach Blvd.

  Long Beach   CA   90807   [DELETED]   [DELETED]

Davita Harbor UCLA—Mfi—Long Beach Dialysis Center

 

1075 East Pacific Coast Highway

 

Long Beach
  CA   90806   [DELETED]   [DELETED]

Davita Los Alamitos Dialysis
Center #2344

 

4141 Katella Ave

 

Los Alamitos
  CA   90720   [DELETED]   [DELETED]

Davita #1902 Carabello

 

757 E. Washington Blvd

  Los Angeles   CA   90021   [DELETED]   [DELETED]

Davita #6023 Century City Home/Pd Dialysis

 

10630 Santa Monica Blvd

 

Los Angeles
  CA   90095   [DELETED]   [DELETED]

Davita—Doctors Dialysis Center of East Los Angeles

 

950 South Eastern Avenue

 

Los Angeles
  CA   90022   [DELETED]   [DELETED]

Davita—Kenneth Hahn Plaza Dialysis Center

 

11854 Wilmington Avenue

 

Los Angeles
  CA   90059   [DELETED]   [DELETED]

Davita—USC Kidney Center

 

2310 Alcazar Street

  Los Angeles   CA   90089   [DELETED]   [DELETED]

Davita—University Park Dialysis Center

 

3986 South Figueroa Street

 

Los Angeles
  CA   90037   [DELETED]   [DELETED]

 

Page 28 of 66


Member Name

 

Member Street

  Member
City
  Member
State
  Member
ZIP
  [DELETED]   [DELETED]

Davita 2541 Los Angeles Plaza Dialysis

 

1700 E. Cesar Chavez Ave
Ste L. 100

 



Los Angeles
 



CA
  90033   [DELETED]   [DELETED]

Davita 3565 Tower

 

8635 West 3rd Street, Suite 560w

  Los Angeles   CA   90048   [DELETED]   [DELETED]

Davita 4056 Los Angeles Downtown

 

2021 South Flower Street

  Los Angeles   CA   90007   [DELETED]   [DELETED]

Davita Century City Dialysis #430

 

10630 Santa Monica Blvd

  Los Angeles   CA   90095   [DELETED]   [DELETED]

Davita Crescent Heights Dialysis

 

8151 Beverly Blvd

  Los Angeles   CA   90048   [DELETED]   [DELETED]

Davita Hollywood Dialysis Center

 

5108 Sunset Boulevard

  Los Angeles   CA   90027   [DELETED]   [DELETED]

Davita Los Angeles Dialysis Center

 

2250 S. Western Ave Suite 300

  Los Angeles   CA   90018   [DELETED]   [DELETED]

Davita Silver Lake Dialysis

 

2723 W. Temple St.

  Los Angeles   CA   90026   [DELETED]   [DELETED]

Davita Washington Plaza Dialysis Center

 

516-522 East Washington Boulevard

 



Los Angeles
 



CA
  90015   [DELETED]   [DELETED]

Davita Wilshire Dialysis Center

 

1212 Wilshire Blvd

  Los Angeles   CA   90017   [DELETED]   [DELETED]

Davita Healthcare of Los Banos

 

222 I. Street

  Los Banos   CA   93635   [DELETED]   [DELETED]

Davita Imperial Care, Dialysis
Center #1523

 

4345 East Imperial Highway

 

Lynwood
  CA   90262   [DELETED]   [DELETED]

Kidney Dialysis Care Units

 

3600 East Martin Luther King, Junior Boulevard

 

Lynwood
 

CA
  90262   [DELETED]   [DELETED]

Davita—Almond Wood
Dialysis #2242

 

501 E. Almond Ave

 

Madera
  CA   93637   [DELETED]   [DELETED]

Davita #2442 Yosemite

 

1650 W. Yosemite Ave

  Manteca   CA   95337   [DELETED]   [DELETED]

Davita 3802 Manteca

 

1156 South Main Street

  Manteca   CA   95337   [DELETED]   [DELETED]

Davita—Marysville Dialysis
Center #2036

 

1015 Eighth Street

 

Marysville
  CA   95901   [DELETED]   [DELETED]

Davita 3143 Merced North

 

3150 North G. Street, Suite A

  Merced   CA   95340   [DELETED]   [DELETED]

Davita Merced At Home

 

3150 G. Street, Suite B.

  Merced   CA   95340   [DELETED]   [DELETED]

Davita 2564 Mission Viejo

 

27640 Marguerite Pkwy

  Mission Viejo   CA   92692   [DELETED]   [DELETED]

Davita Montclair Dialysis Center

 

5050 Palo Verde St. Ste 100

  Montclair   CA   91763   [DELETED]   [DELETED]

Davita Doctors Dialysis Center of Montebello

 

1721 West Whittier Boulevard

 

Montebello
  CA   90640   [DELETED]   [DELETED]

Davita Garfield Hemodialysis Center

 

118 Hilliard Avenue

  Monterey Park   CA   91754   [DELETED]   [DELETED]

Davita Garfield Pd #4375

 

228 N. Garfield Ave Ste 301

  Monterey Park   CA   91754   [DELETED]   [DELETED]

Davita Monterey Park Dialysis Center, Inc.

 

2560 Corporate Pl Suite D100-102

 

Monterey Park
  CA   91754   [DELETED]   [DELETED]

Davita Canyon Springs Dialysis

 

22555 Alessandro Blvd

  Moreno
Valley
 

CA
 

92553
  [DELETED]   [DELETED]

Davita Valley View Dialysis

 

26900 Cactus Avenue

  Moreno
Valley
 

CA
 

92555
  [DELETED]   [DELETED]

Davita Murrietta Dialysis Center

 

25100 Hancock Avenue,
Suite 101-103

 

Murrietta
 

CA
  92562   [DELETED]   [DELETED]

Davita—Napa Dialysis Center

 

3900 - C Bel Aire Plaza

  Napa   CA   94558   [DELETED]   [DELETED]

Davita Norco Dialysis

 

1901 Town and Country Dr Ste 100

  Norco   CA   92860   [DELETED]   [DELETED]

Davita North Highlands Dialysis Center

 

4986 Watt Avenue, Suite F.

 

North
Highlands
 

CA
 

95660
  [DELETED]   [DELETED]

Davita Healthcare of North Hollywood

 

12126 Victory Blvd

 

North
Hollywood
 

CA
 

91606
  [DELETED]   [DELETED]

Davita Norwalk Dialysis Center

 

12375 Imperial Hwy Ste D3

  Norwalk   CA   90650   [DELETED]   [DELETED]

Davita 3818 Oakland

 

5354 Claremont Ave

  Oakland   CA   94618   [DELETED]   [DELETED]

Davita Alameda County

 

10700 Mcarthur Boulevard, Suite 14

 

Oakland
 

CA
  94605   [DELETED]   [DELETED]

Oakland Peritoneal Dialysis Center

 

2633 Telegraph Avenue, Suite 115

  Oakland   CA   94612   [DELETED]   [DELETED]

Davita Ontario Dialysis Center

 

1950 Grove Avenue, Suite 101-105

  Ontario   CA   91761   [DELETED]   [DELETED]

Davita Main Place Dialysis

 

972 Town and Country Rd

  Orange   CA   92868   [DELETED]   [DELETED]

Orangevale Dialysis

 

9267 Greenback Lane, Suite A-2

  Orangevale   CA   95662   [DELETED]   [DELETED]

Davita 3067 Palm Springs

 

1061 North Indian Canyon Drive

  Palm Springs   CA   92262   [DELETED]   [DELETED]

Palmdale Regional Dialysis Center

 

1643 Palmdale Boulevard

  Palmdale   CA   93550   [DELETED]   [DELETED]

Davita—Paramount Dialysis Center

 

8319 Alondra Boulevard

  Paramount   CA   90723   [DELETED]   [DELETED]

Davita—Eaton Canyon Dialysis Center

 

2551 East Washington Boulevard

 

Pasadena
  CA   91107   [DELETED]   [DELETED]

Davita Pasadena Foothills
Dialysis #4329

 

3722 E. Colorado Blvd

 

Pasadena
  CA   91107   [DELETED]   [DELETED]

Davita 3590 Penn Valley Home Training

 

11374 Pleasant Valley Road

 

Penn Valley
  CA   95946   [DELETED]   [DELETED]

Davita Delta View Dialysis #2453

 

1150 E. Leland Rd

  Pittsburg   CA   94565   [DELETED]   [DELETED]

Placerville Dialysis Center, Dba: Total Renal Care—Placerville

 

3964 Missouri Flat Road, Suite J.

 

Placerville
  CA   95667   [DELETED]   [DELETED]

Total Renal Care—Pleasanton, Aka: Pleasanton Dialysis Center

 

5720 Stoneridge Mall Road,
Suites 140 and 160

 



Pleasanton
 



CA
  94588   [DELETED]   [DELETED]

Davita #3004 Pomona

 

2111 N. Garey Ave

  Pomona   CA   91767   [DELETED]   [DELETED]

Davita Sunset Dialysis Center

 

3071 Gold Canal Dr

  Rancho
Cordova
 

CA
 

95670
  [DELETED]   [DELETED]

 

Page 29 of 66


Member Name

 

Member Street

  Member City   Member
State
  Member
ZIP
  [DELETED]   [DELETED]

Sunrise Dialysis Center, Dba: Total Renal Care—Sunrise

 

2951 Sunrise Boulevard, Suite 145

 

Rancho
Cordova
 

CA
 

95742
  [DELETED]   [DELETED]

Davita Red Bluff Dialysis
Center #2127

 

2455 Sister Mary Columba Drive

 

Red Bluff
  CA   96080   [DELETED]   [DELETED]

Davita 1015-1 Redding Acute Dialysis Services

 

1876 Park Marina Dr

 

Redding
  CA   96001   [DELETED]   [DELETED]

Davita Redding At Home

 

1876 Park Marina Drive

  Redding   CA   96001   [DELETED]   [DELETED]

Davita #2217

 

1000 Marshall St.

  Redwood City   CA   94063   [DELETED]   [DELETED]

Davita—Redwood City At
Home #5929

 

1000 Marshall St.

 

Redwood City
  CA   94063   [DELETED]   [DELETED]

Indian Wells Valley Dialysis Center

 

212 South Richmond Road

  Ridgecrest   CA   93555   [DELETED]   [DELETED]

Davita Magnolia West At Home

 

11161 Magnolia Avenue, Suite B.

  Riverside   CA   92505   [DELETED]   [DELETED]

Davita Magnolia West Dialysis Center

 

11161 Magnolia Avenue

 

Riverside
  CA   92505   [DELETED]   [DELETED]

Davita Riverside Dialysis #6707

 

4361 Latham Street, Suite 100

  Riverside   CA   92501   [DELETED]   [DELETED]

Davita Alhambra Dialysis Center

 

1315 Alhambra Boulevard, Suite 100

 

Sacramento
 

CA
  95816   [DELETED]   [DELETED]

Davita Calvine Dialysis #5029

 

8243 E. Stockton Blvd Ste C

  Sacramento   CA   95828   [DELETED]   [DELETED]

Davita Natomas Dialysis

 

30 Goldenland Court, Building G.

  Sacramento   CA   95834   [DELETED]   [DELETED]

Davita University Dialysis Center

 

777 Campus Commons Road,
Suite 100

 

Sacramento
 

CA
  95825   [DELETED]   [DELETED]

Florin Dialysis Center—Total Renal Care

 

7000 Stockton Blvd

 

Sacramento
  CA   95823   [DELETED]   [DELETED]

South Sacramento Dialysis Center, Dba: Total Renal Care—South Sacramento

 


7000 Franklin Blvd Ste 880

 



Sacramento
  CA   95823   [DELETED]   [DELETED]

Davita—Salinas

 

955 Blanco Circle, Suite C

  Salinas   CA   93901   [DELETED]   [DELETED]

Davita Citrus Valley Dialysis Center

 

894 Hardt St.

  San Bernardino   CA   92408   [DELETED]   [DELETED]

Davita- Citrus Valley At Home

 

894 Hardt Street

  San Bernardino   CA   92408   [DELETED]   [DELETED]

Mountain Vista Dialysis Center

 

4041 University Pkwy

  San Bernardino   CA   92407   [DELETED]   [DELETED]

Davita Rx #1685

 

1178 Cherry Ave

  San Bruno   CA   94066   [DELETED]   [DELETED]

Davita 3210 San Diego South

 

995 Gateway Center Way Ste 101

  San Diego   CA   92102   [DELETED]   [DELETED]

Davita 3456 San Ysidro

 

1445 30th Street, Suite A

  San Diego   CA   92154   [DELETED]   [DELETED]

Davita 3484 San Diego East

 

292 Euclid Avenue, Suite 100

  San Diego   CA   92114   [DELETED]   [DELETED]

Davita 3559 College Dialysis

 

6535 University Ave

  San Diego   CA   92115   [DELETED]   [DELETED]

Davita 3569 Carmel Mountain

 

9850 Carmel Mountain Rd Ste A

  San Diego   CA   92129   [DELETED]   [DELETED]

Davita Dialysis 3488-5 San Diego Scripps Mercy Hospital-Acute

 

4077 5th Ave

 

San Diego
  CA   92103   [DELETED]   [DELETED]

Davita 3830 San Francisco

 

1499 Webster St.

  San Francisco   CA   94115   [DELETED]   [DELETED]

Davita 3847 Chinatown San Fran

 

636 Clay St.

  San Francisco   CA   94111   [DELETED]   [DELETED]

Davita 6286 San Francisco At Home

 

1499 Webster St.

  San Francisco   CA   94115   [DELETED]   [DELETED]

Davita #2199 Aborn Dialysis

 

3162 S. White Rd Ste 100

  San Jose   CA   95148   [DELETED]   [DELETED]

Davita #2276 Corner House Dialysis

 

2005 Naglee Ave

  San Jose   CA   95128   [DELETED]   [DELETED]

Davita 2477 San Jose Hhd/Pd-Ca

 

4400 Stevens Creek Blvd Suite 50

  San Jose   CA   95129   [DELETED]   [DELETED]

Davita Dialysis Center Home

 

4400 Stevens Creek Blvd Suite 50

  San Jose   CA   95129   [DELETED]   [DELETED]

Jaco Fishenfeld

 

150 N. Jackson Ave

  San Jose   CA   95116   [DELETED]   [DELETED]

Davita 2560 San Juan Capistrano South

 

31736 Rancho Viejo Road, Suite B.

 

San Juan
Capistrano
 

CA
 

92675
  [DELETED]   [DELETED]

Davita—East Bay Peritoneal Dialysis

 

13939 East 14th Street, Suite 110

 

San Leandro
  CA   94578   [DELETED]   [DELETED]

Davita San Leandro Dialysis #4485

 

15555 E. 14th St. Suite 520

  San Leandro   CA   94578   [DELETED]   [DELETED]

Davita Dialysis San Marcos #2261

 

2135 Montiel Rd Bldg B.

  San Marcos   CA   92069   [DELETED]   [DELETED]

Davita San Pablo

 

14020 San Pablo Boulevard,
Suite B.

 

San Pablo
 

CA
  94806   [DELETED]   [DELETED]

Davita Northgate Dialysis
Center #2296

 

650 Las Gallinas Ave

 

San Rafael
  CA   94903   [DELETED]   [DELETED]

Davita Sanger Dialysis Center #2188

 

2517 Jensen Ave Bldg B.

  Sanger   CA   93657   [DELETED]   [DELETED]

Davita #2019 Tustin Dialysis Center

 

2090 North Tustin Avenue

  Santa Ana   CA   92705   [DELETED]   [DELETED]

Davita—Santa Ana Dialysis

 

1820 East Deere Avenue

  Santa Ana   CA   92705   [DELETED]   [DELETED]

Davita—Santa Monica Mar Vista

 

2020 Santa Monica Boulevard, Suite 100 and 102

 

Santa Monica
 

CA
  90404   [DELETED]   [DELETED]

Davita 3211 Santa Monica

 

1260 15th Street, Suite 102

  Santa Monica   CA   90404   [DELETED]   [DELETED]

Davita Santa Paula Dialysis #5534

 

253 March St.

  Santa Paula   CA   93060   [DELETED]   [DELETED]

Davita #4054-1 Selma Dialysis

 

2711 Cinema Way Ste 111

  Selma   CA   93662   [DELETED]   [DELETED]

Davita Simi Valley At Home #5936

 

2950 Sycamore Dr Ste 100

  Simi Valley   CA   93065   [DELETED]   [DELETED]

Davita Simi Valley Dialysis #5533

 

2950 North Sycamore Drive,
Suite 100-102

 

Simi Valley
 

CA
  93065   [DELETED]   [DELETED]

Soledad Dialysis

 

901 Los Coches Drive

  Soledad   CA   93960   [DELETED]   [DELETED]

Davita Westborough Dialysis
Center #4424

 

925 El Camino Real

 

South San
Francisco
 

CA
 

94080
  [DELETED]   [DELETED]

Davita #1998 Stockton Kidney Center

 

1523 E. March Ln Ste 200

 

Stockton
  CA   95210   [DELETED]   [DELETED]

 

Page 30 of 66


Member Name

 

Member Street

  Member
City
  Member
State
  Member
ZIP
  [DELETED]   [DELETED]

Davita 3666 Stockton Home Training

 

545 East Cleveland, Suite A

  Stockton   CA   95204   [DELETED]   [DELETED]

Delta-Sierra Dialysis Center—Total Renal Care

 

555 West Benjamin Holt Drive, Suite 200

 



Stockton
 



CA
  95207   [DELETED]   [DELETED]

Davita—Temecula Dialysis

 

40945 County Center Drive, Suite G.

 

Temecula
 

CA
  92591   [DELETED]   [DELETED]

Davita Thousand Oaks At Home #5935

 

375 Rolling Oaks Dr Ste 100

 

Thousand
Oaks
 

CA
 

91361
  [DELETED]   [DELETED]

Davita Harbor-UCLA

 

21602 South Vermont Avenue

  Torrance   CA   90502   [DELETED]   [DELETED]

Davita 3857 Tracy

 

425 West Beverly Place, Suite A

  Tracy   CA   95376   [DELETED]   [DELETED]

Davita 3298 Tulare

 

545 East Tulare Avenue

  Tulare   CA   93274   [DELETED]   [DELETED]

Davita—Turlock Dialysis Clinic

 

50 W. Syracuse Ave

  Turlock   CA   95380   [DELETED]   [DELETED]

Davita 3328 Pear Tree Dialysis

 

126 North Orchard Avenue

  Ukiah   CA   95482   [DELETED]   [DELETED]

Davita-Union City At Home

 

32930 Alvarado Niles Rd, Suite 300

  Union City   CA   94587   [DELETED]   [DELETED]

Total Renal Care Union City Dialysis Center

 

32930 Alvarado Niles Road, Suite 300

 



Union City
 



CA
  94587   [DELETED]   [DELETED]

Davita 3903 Upland

 

600 North 13th Avenue

  Upland   CA   91786   [DELETED]   [DELETED]

Creekside Dialysis Center #2017

 

141 Parker Street

  Vacaville   CA   95688   [DELETED]   [DELETED]

Davita—Vacaville Dialysis Center

 

941 Merchant St.

  Vacaville   CA   95688   [DELETED]   [DELETED]

Davita #2123 Carquinez

 

125 Corporate Pl Ste C

  Vallejo   CA   94590   [DELETED]   [DELETED]

Davita 3806 Vallejo

 

121 Hospital Dr

  Vallejo   CA   94589   [DELETED]   [DELETED]

Valley Dialysis Center

 

16149 Hart Street

  Van Nuys   CA   91406   [DELETED]   [DELETED]

Davita Ventura Dialysis #5548

 

2705 Loma Vista Rd Ste 101

  Ventura   CA   93003   [DELETED]   [DELETED]

Davita 3299 Tri Counties Home Training

 

433 South Bridge Street

 

Visalia
  CA   93277   [DELETED]   [DELETED]

Davita 3300 Visalia

 

1031 North Demaree

  Visalia   CA   93291   [DELETED]   [DELETED]

Davita Visalia At Home #5556

 

1120 N. Chinowth St.

  Visalia   CA   93291   [DELETED]   [DELETED]

Davita Walnut Creek

 

404 North Wiget Lane

  Walnut Creek   CA   94598   [DELETED]   [DELETED]

Davita Walnut Creek At Home

 

400 N. Wiget Ln

  Walnut Creek   CA   94598   [DELETED]   [DELETED]

Covina Dialysis Center

 

1547 West Garvey Avenue

  West Covina   CA   91790   [DELETED]   [DELETED]

Davita—West Sacramento At Home

 

3450 Industrial Blvd. #100

  West
Sacramento
 

CA
 

95691
  [DELETED]   [DELETED]

Davita- West Sacramento #2189

 

3450 Industrial Blvd Ste 100

  West
Sacramento
 

CA
 

95691
  [DELETED]   [DELETED]

Davita Thousand Oaks Dialysis #5532

 

375 Rolling Oaks Dr Ste 100

 

Westlake
Village
 

CA
 

91361
  [DELETED]   [DELETED]

Davita Westminster South #3545

 

14014 Magnolia St.

  Westminster   CA   92683   [DELETED]   [DELETED]

Davita Santa Fe Springs #2260

 

11147 Washington Blvd

  Whittier   CA   90606   [DELETED]   [DELETED]

Davita Whittier Dialysis Center

 

10055 Whittwood Drive

  Whittier   CA   90603   [DELETED]   [DELETED]

Davita #0291 Yuba City

 

1525 Plumas Court, Suite A

  Yuba City   CA   95991   [DELETED]   [DELETED]

Davita Yucaipa Dialysis

 

33487 Yucaipa Boulevard

  Yucaipa   CA   92399   [DELETED]   [DELETED]

Davita 2568 High Desert

 

58457 29 Palms Building 100, Suite 102, Highway 1

 

Yucca Valley
 

CA
  92284   [DELETED]   [DELETED]

Davita Alamosa Dialysis Center

 

612 Del Sol Drive

  Alamosa   CO   81101   [DELETED]   [DELETED]

Davita Arvada Dialysis

 

9950 West 80th, Suite 25

  Arvada   CO   80005   [DELETED]   [DELETED]

Davita—Aurora Dialysis

 

1411 S. Potomac St. Ste 100

  Aurora   CO   80012   [DELETED]   [DELETED]

Davita Dialysis—East Aurora

 

482 South Chambers Road

  Aurora   CO   80017   [DELETED]   [DELETED]

Davita—Boulder Dialysis Center

 

2880 Folsom Street, Suite 110

  Boulder   CO   80304   [DELETED]   [DELETED]

Brighton Dialysis Center #2067

 

4700 East Bromley Lane, Suite 103

  Brighton   CO   80601   [DELETED]   [DELETED]

Davita—North Colorado Springs At Home Dialysis #5973

 

6071 E. Woodmen Rd Suite 100/120

 



Colorado
Springs
 





CO
 





80923
  [DELETED]   [DELETED]

Davita Pikes Peak At Home

 

2002 Lelaray Street, Suite 130

  Colorado
Springs
 

CO
 

80909
  [DELETED]   [DELETED]

Davita Pikes Peak Dialysis Center

 

2002 Le Leray Street, Suite 130

  Colorado
Springs
 

CO
 

80909
  [DELETED]   [DELETED]

Davita Printer’s Place Dialysis Center

 

2802 International Cir

  Colorado
Springs
 

CO
 

80910
  [DELETED]   [DELETED]

Davita- North Colorado Springs Dialysis Center #4367

 

6071 E. Woodmen Rd Suite 100/120

 



Colorado
Springs
 





CO
 





80923
  [DELETED]   [DELETED]

Davita Commerce City Dialysis

 

6320 Holly St.

  Commerce
City
 

CO
 

80022
  [DELETED]   [DELETED]

Da Vita—Cortez Dialysis

 

610 East Main Street, Suite C

  Cortez   CO   81321   [DELETED]   [DELETED]

Davita—Belcaro Dialysis Center #2063

 

755 S. Colorado Blvd

 

Denver
  CO   80246   [DELETED]   [DELETED]

Davita—Denver Dialysis

 

2900 Downing Street, Suite C

  Denver   CO   80205   [DELETED]   [DELETED]

Davita—Thornton Dialysis Center

 

8800 Fox Drive

  Denver   CO   80260   [DELETED]   [DELETED]

Davita 1869 Lowry Pd

 

7465 East First Avenue, Suite A

  Denver   CO   80230   [DELETED]   [DELETED]

 

Page 31 of 66


Member Name

 

Member Street

  Member
City
  Member
State
  Member
ZIP
  [DELETED]   [DELETED]

Davita 2493 North Metro Dialysis Center

 

12365 Huron St. Ste 500

 

Denver
  CO   80234   [DELETED]   [DELETED]

Davita Dialysis—Lowry At Home

 

7465 East 1st Avenue, Suite 100

  Denver   CO   80230   [DELETED]   [DELETED]

Davita Dialysis 1063-4 Rose Medical Center-Acute

 

4567 E. 9th Ave

 

Denver
  CO   80220   [DELETED]   [DELETED]

Davita Lowry Dialysis Center

 

7465 E. 1st Ave Ste A

  Denver   CO   80230   [DELETED]   [DELETED]

Davita North Metro At Home
Dialysis #5979

 

12365 Huron St. Ste 500

 

Denver
  CO   80234   [DELETED]   [DELETED]

Davita South Denver Dialysis

 

850 East Harvard Avenue, Suite 60

  Denver   CO   80210   [DELETED]   [DELETED]

Durango Dialysis Center #2109

 

72 Suttle Street, Unit D

  Durango   CO   81301   [DELETED]   [DELETED]

Davita Englewood Dialysis

 

3247 South Lincoln Street

  Englewood   CO   80113   [DELETED]   [DELETED]

Davita Lonetree Dialysis Center

 

9777 Mount Pyramid Court,
Suite 140

 

Englewood
 

CO
  80112   [DELETED]   [DELETED]

Davita Dialysis—Fountain

 

6910 Bandley Drive

  Fountain   CO   80817   [DELETED]   [DELETED]

Davita Grand Junction

 

710 Wellington Avenue, Suite 20

  Grand
Junction
 

CO
 

81501
  [DELETED]   [DELETED]

Davita Mesa County At Home #5940

 

561 25 Rd Ste D

  Grand
Junction
 

CO
 

81505
  [DELETED]   [DELETED]

Davita Mesa County Dialysis #4489

 

561 25 Rd Ste D

  Grand
Junction
 

CO
 

81505
  [DELETED]   [DELETED]

Davita #0541 Lakewood Dialysis Center

 

1750 Pierce St. Suite B.

 

Lakewood
  CO   80214   [DELETED]   [DELETED]

Davita Dialysis—Lakewood At Home

 

1750 Pierce Street, Suite A

  Lakewood   CO   80214   [DELETED]   [DELETED]

Davita Lakewood Crossing Dialysis

 

1057 S. Wadsworth Blvd Ste 100

  Lakewood   CO   80226   [DELETED]   [DELETED]

Davita—Littleton

 

209 West County Line Road

  Littleton   CO   80129   [DELETED]   [DELETED]

Da Vita Longmont Dialysis

 

1715 Kylie Dr Suite 170

  Longmont   CO   80501   [DELETED]   [DELETED]

Davita Black Canyon #4490

 

3421 Rio Grande Unit D

  Montrose   CO   81401   [DELETED]   [DELETED]

Davita #2441 Dialysis Parker

 

10371 S. Park Glenn Way Ste 180

  Parker   CO   80138   [DELETED]   [DELETED]

Davita—Parker At Home #5968 Dialysis

 

10371 S. Park Glenn Way Ste 18

 

Parker
  CO   80138   [DELETED]   [DELETED]

Davita—Westminster Dialysis Center

 

9053 Harland St. Unit 90

  Westminster   CO   80031   [DELETED]   [DELETED]

Davita 3643 Bloomfield

 

29 Griffin Road South

  Bloomfield   CT   6002   [DELETED]   [DELETED]

Davita 3385 Branford

 

249 West Main Street

  Branford   CT   6405   [DELETED]   [DELETED]

Davita #2501 Bridgeport

 

900 Madison Ave

  Bridgeport   CT   6606   [DELETED]   [DELETED]

Davita—Bridgeport At Home

 

900 Madison Ave Flr 2nd

  Bridgeport   CT   6606   [DELETED]   [DELETED]

Davita—Black Rock Dialysis #4332

 

427 Stillson Rd

  Fairfield   CT   6824   [DELETED]   [DELETED]

Davita 2524 Hartford North

 

675 Tower Ave Fl 2

  Hartford   CT   6112   [DELETED]   [DELETED]

Physician Dialysis Inc.—Middlesex Dialysis

 

100 Riverview Center, Suite 11

 

Middletown
  CT   6457   [DELETED]   [DELETED]

Davita 3389 Milford

 

470 Bridgeport Ave

  Milford   CT   6460   [DELETED]   [DELETED]

Davita 3043 New Haven

 

100 Church Street South, Suite C

  New Haven   CT   6519   [DELETED]   [DELETED]

Davita-New Haven At Home

 

100 Church Street S, Suite C

  New Haven   CT   6519   [DELETED]   [DELETED]

Davita 3254 New London Jv

 

5 Shaws Cove, Suite 100

  New London   CT   6320   [DELETED]   [DELETED]

Davita Windham Dialysis

 

375 Tuckie Road, Suite C

  North
Windham
 

CT
 

6256
  [DELETED]   [DELETED]

Davita 3422 Norwalk

 

31 Stevens Street

  Norwalk   CT   6850   [DELETED]   [DELETED]

Davita Norwich Jv

 

113 Salem Turnpike

  Norwich   CT   6360   [DELETED]   [DELETED]

Davita-Pdi-Rocky Hill At Home

 

30 Waterchase Dr

  Rocky Hill   CT   6067   [DELETED]   [DELETED]

Physician Dialysis Inc.—Rocky Hill Dialysis

 

30 Waterchase Drive

 

Rocky Hill
  CT   6067   [DELETED]   [DELETED]

Davita 2506 Shelton Dialysis

 

750 Bridgeport Ave

  Shelton   CT   6484   [DELETED]   [DELETED]

Davita—Stamford At Home

 

30 Commerce Rd

  Stamford   CT   6902   [DELETED]   [DELETED]

Davita 3342 Stamford

 

30 Commerce Road

  Stamford   CT   6902   [DELETED]   [DELETED]

Davita 3639 Torrington

 

780 Litchfield Street, Suite 100

  Torrington   CT   6790   [DELETED]   [DELETED]

Davita Vernon Dialysis

 

460 Hartford Turnpike

  Vernon   CT   6066   [DELETED]   [DELETED]

Davita—Heights Dialysis Center

 

150 Mattatuck Heights Road

  Waterbury   CT   6705   [DELETED]   [DELETED]

Davita 2503 Greater Waterbury

 

209 Highland Ave

  Waterbury   CT   6708   [DELETED]   [DELETED]

Davita #3074

 

2131 K Street Northwest

  Washington   DC   20037   [DELETED]   [DELETED]

Davita—Georgetown On the Potomac At Home

 

3223 K Street Northwest, Suite 110

 

Washington
  DC   20007   [DELETED]   [DELETED]

Davita—Grant Park Dialysis

 

5000 Nannie Helens Burroughs Avenue, Northeast

 

Washington
 

DC
  20019   [DELETED]   [DELETED]

Davita 3075 George Washington

 

3857 Pennsylvania Ave Se, Suite A

  Washington   DC   20020   [DELETED]   [DELETED]

Davita 3707 Brentwood

 

1231 Brentwood Northeast

  Washington   DC   20018   [DELETED]   [DELETED]

Davita 3714 Eight Street

 

300 8th St. Ne

  Washington   DC   20002   [DELETED]   [DELETED]

Davita Dialysis

 

810 1st St. Ne Ste 100

  Washington   DC   20002   [DELETED]   [DELETED]

Davita Washington Nursing Facility #2465 Dialysis

 

2425 25th St. Se

 

Washington
  DC   20020   [DELETED]   [DELETED]

Georgetown On the Potomac Dialysis Center

 

3223 K Street Northwest, Suite 110

 

Washington
  DC   20007   [DELETED]   [DELETED]

Lee Street Dialysis

 

5155 Lee Street Northeast

  Washington   DC   20019   [DELETED]   [DELETED]

Davita—Apopka Dialysis
Center #1990

 

640 Executive Park Ct

 

Apopka
  FL   32703   [DELETED]   [DELETED]

Arcadia Dialysis Center

 

1341 East Oak Street

  Arcadia   FL   34266   [DELETED]   [DELETED]

 

Page 32 of 66


Member Name

 

Member Street

  Member
City
  Member
State
  Member
ZIP
  [DELETED]   [DELETED]

Davita #2380 Ave Maria Dialysis Center

 

5340 Useppa Dr

 

Ave Maria
  FL   34142   [DELETED]   [DELETED]

Davita 4069 Bartow

 

1190 East Church Street

  Bartow   FL   33830   [DELETED]   [DELETED]

Boca Raton Artificial Kidney Center

 

998 Northwest 9th Court

  Boca Raton   FL   33486   [DELETED]   [DELETED]

Davita- Pinnacle Dialysis of Boca Raton

 

2900 N. Military Trl Ste 195

 

Boca Raton
  FL   33431   [DELETED]   [DELETED]

Davita 4075 Bonita Springs Dialysis

 

9134 Bonita Beach Rd Se

  Bonita
Springs
 

FL
 

34135
  [DELETED]   [DELETED]

Davita—Bradenton At Home

 

3501 Cortez Road West, Suite 104

  Bradenton   FL   34210   [DELETED]   [DELETED]

Davita 4038 Bradenton

 

3501 Cortez Road West, Suite 104

  Bradenton   FL   34210   [DELETED]   [DELETED]

Davita 2511 Brandon East

 

114 East Brandon Boulevard

  Brandon   FL   33511   [DELETED]   [DELETED]

Davita

 

1315 Southeast 8th Terrace

  Cape Coral   FL   33990   [DELETED]   [DELETED]

Davita-Cape Coral South

 

3046 Del Prado Boulevard, Unit #4a

  Cape Coral   FL   33904   [DELETED]   [DELETED]

Davita—Casselberry Dialysis Center #1991

 

4970 S. Us Highway 17/92

 

Casselberry
  FL   32707   [DELETED]   [DELETED]

Davita Celebration Dialysis Center

 

1154 Celebration Boulevard

  Celebration   FL   34747   [DELETED]   [DELETED]

Davita #1750 Community Dialysis Center—Chipley

 

877 3rd St. Ste 2

 

Chipley
  FL   32428   [DELETED]   [DELETED]

Davita #0405 Ocala Regional Kidney Center-North

 

2620 West Highway 316

 

Citra
  FL   32113   [DELETED]   [DELETED]

Davita Embassy Lake Artifical Kidney Center #2114

 

11011 Sheridan St. Ste 308

 

Cooper
City
 

FL
 

33026
  [DELETED]   [DELETED]

Davita-Coral Gables Kidney Dialysis Center #356

 

3280 Ponce De Leon Blvd

 

Coral
Gables
 

FL
 

33134
  [DELETED]   [DELETED]

Davita Complete Care North At Home

 

7850 West Sample Road

  Coral
Springs
 

FL
 

33065
  [DELETED]   [DELETED]

Davita Complete Dialysis Care

 

7850 West Sample Road

  Coral
Springs
 

FL
 

33065
  [DELETED]   [DELETED]

Wsdc—North Okaloosa Dialysis

 

320 West Redstone

  Crestview   FL   32536   [DELETED]   [DELETED]

Crystal River Dialysis Center

 

7435 West Gulf To Lake Highway

  Crystal
River
 

FL
 

34429
  [DELETED]   [DELETED]

Davita Crystal River At Home

 

7435 W. Gulf To Lake Highway

  Crystal
River
 

FL
 

34429
  [DELETED]   [DELETED]

Davita Davenport Dialysis
Center #2130

 

45597 Us Highway 27

 

Davenport
  FL   33897   [DELETED]   [DELETED]

Davita

 

578 Healthwell Blvd

  Daytona
Beach
 

FL
 

32114
  [DELETED]   [DELETED]

Davita Daytona Beach At
Home #6324

 

578 Health Blvd

 

Daytona
Beach
 

FL
 

32114
  [DELETED]   [DELETED]

Davita Deerfield Beach

 

1983 West Hillsboro Boulevard

  Deerfield
Beach
 

FL
 

33442
  [DELETED]   [DELETED]

Davita 4339 Defuniak Springs Dialysis Center

 

1045 Us Highway 331 S.

 

Defuniak
Springs
 

FL
 

32435
  [DELETED]   [DELETED]

Davita—Deland Dialysis
#4039

 

350 E. New York Ave

 

Deland
  FL   32724   [DELETED]   [DELETED]

Davita North Delray

 

2655 W. Atlantic Ave

  Delray
Beach
 

FL
 

33445
  [DELETED]   [DELETED]

Davita Gulf Breeze Dialysis

 

1519 Main St.

  Dunedin   FL   34698   [DELETED]   [DELETED]

Davita Amelia Island Dialysis

 

1525 Lime Street, Suite 120

  Fernandina
Beach
 

FL
 

32034
  [DELETED]   [DELETED]

Davita East Fort Lauderdale Dialysis Center #2031

 

1301 South Andrews Avenue,
Suite 101

 



Fort
Lauderdale
 





FL
 





33316
  [DELETED]   [DELETED]

Davita-North Broward Acutes #4051 Dialysis

 

1500 N. Federal Hwy Ste 100

 

Fort
Lauderdale
 

FL
 

33304
  [DELETED]   [DELETED]

Fort Lauderdale Renal Associates, Inc.

 

6264 North Federal Highway

  Fort
Lauderdale
 

FL
 

33308
  [DELETED]   [DELETED]

Davita 3551 Fort Myers North

 

16101 North Cleveland Avenue

  Fort Myers   FL   33903   [DELETED]   [DELETED]

Davita 4043 Fort Myers South

 

8570 Granite Ct

  Fort Myers   FL   33908   [DELETED]   [DELETED]

Davita Fort Myers

 

2133 Winkler Ave

  Fort Myers   FL   33901   [DELETED]   [DELETED]

Davita Fort Pierce

 

1801 S. 23rd St. Ste 1

  Fort Pierce   FL   34950   [DELETED]   [DELETED]

Davita 2091 Aventura Dialysis Center

 

22 Sw 11th St. Floor 2

  Hallandale
Beach
 

FL
 

33009
  [DELETED]   [DELETED]

Davita #0354 Flamingo Pk

 

901 E. 10th Ave Ste 17

  Hialeah   FL   33010   [DELETED]   [DELETED]

Davita -Hialeah Artificial Kidney Center

 

2750 W. 68th St. Ste 207

 

Hialeah
  FL   33016   [DELETED]   [DELETED]

Davita #0260

 

4401 Hollywood Blvd

  Hollywood   FL   33021   [DELETED]   [DELETED]

Bayonet Point—Hudson Kidney Center

 

14144 Nephron Lane

 

Hudson
  FL   34667   [DELETED]   [DELETED]

 

Page 33 of 66


Member Name

 

Member Street

  Member
City
  Member
State
  Member
ZIP
  [DELETED]   [DELETED]

Davita #4389 Jacksonville South

 

14965 Old St. Augstine Rd,
Suite 114

 

Jacksonville
 

FL
  32258   [DELETED]   [DELETED]

Davita—Regency At Home #6188

 

9535 Regency Square Blvd

  Jacksonville   FL   32225   [DELETED]   [DELETED]

Davita—Regency Dialysis #2274

 

9535 Regency Square Blvd.

  Jacksonville   FL   32225   [DELETED]   [DELETED]

Davita

 

802 N. John Young Pkwy

  Kissimmee   FL   34741   [DELETED]   [DELETED]

Ocala Regional Kidney—South Unit

 

13940 Us Highway 441

  Lady Lake   FL   32159   [DELETED]   [DELETED]

Davita 4017 Lake Wales

 

1125 Bryn Mawr Ave

  Lake Wales   FL   33853   [DELETED]   [DELETED]

Davita 4024 Lakeland

 

515 East Bella Vista

  Lakeland   FL   33805   [DELETED]   [DELETED]

Davita 4071 Lakeland South

 

5050 S. Florida Ave Ste 1

  Lakeland   FL   33813   [DELETED]   [DELETED]

Davita Lakeland South At
Home #6278

 

5050 S. Florida Ave Ste 1

 

Lakeland
  FL   33813   [DELETED]   [DELETED]

Bay Breeze Dialysis

 

11465 Ulmerton Road

  Largo   FL   33778   [DELETED]   [DELETED]

Davita—Leesburg Dialysis

 

801 East Dixie Avenue, Suite 108-A

  Leesburg   FL   34748   [DELETED]   [DELETED]

Davita Lake Griffin East Dialysis

 

401 E. North Blvd

  Leesburg   FL   34748   [DELETED]   [DELETED]

Lake Dialysis

 

221 North First Street

  Leesburg   FL   34748   [DELETED]   [DELETED]

Davita 4009 Lehigh Acres

 

2719 Fourth Street West

  Lehigh Acres   FL   33971   [DELETED]   [DELETED]

Davita Gateway Dialysis
Center #4417

 

5705 Lee Blvd

 

Lehigh Acres
  FL   33971   [DELETED]   [DELETED]

Davita Four Freedoms Dialysis

 

289a Southwest Range Avenue

  Madison   FL   32340   [DELETED]   [DELETED]

Davita Marianna Dialysis Center

 

2930 Optimist Dr

  Marianna   FL   32448   [DELETED]   [DELETED]

Davita 3655 Melbourne-Fka Brevard County

 

2235 South Babcock Street

 

Melbourne
  FL   32901   [DELETED]   [DELETED]

Davita #0351 Center for Kidney Disease

 

1190 Northwest 95th Street,
Suite 208

 



Miami
 



FL
  33150   [DELETED]   [DELETED]

Davita 3460 Miami East

 

1250 Nw 7th St. Ste 106

  Miami   FL   33125   [DELETED]   [DELETED]

Davita Florida Renal

 

3500 Northwest 7th Street

  Miami   FL   33125   [DELETED]   [DELETED]

Davita Greater Miami

 

160 Nw 176th St. Ste 100

  Miami   FL   33169   [DELETED]   [DELETED]

Davita Kendall Dialysis #4409

 

8364 Mills Dr Ste 1740

  Miami   FL   33183   [DELETED]   [DELETED]

Davita Miami

 

1500 Nw 12th Ave Ste 106

  Miami   FL   33136   [DELETED]   [DELETED]

Davita Miami Campus Acutes #6323 Dialysis

 

1500 Nw 12th Ave Ste 106

 

Miami
  FL   33136   [DELETED]   [DELETED]

Interamerican Dialysis Institute, Inc.

 

7815 Coral Way, Suite 119

  Miami   FL   33155   [DELETED]   [DELETED]

Davita South Beach

 

4701 North Meridian Avenue

  Miami Beach   FL   33140   [DELETED]   [DELETED]

Davita Miami Gardens

 

3363 Northwest 167th Street

  Miami
Gardens
 

FL
 

33056
  [DELETED]   [DELETED]

Davita—Miami Lakes Artifical Kidney Center

 

14600 60th Avenue Northwest

 

Miami Lakes
  FL   33014   [DELETED]   [DELETED]

Davita Santa Rosa At Home

 

5819 Highway 90

  Milton   FL   32583   [DELETED]   [DELETED]

Santa Rosa Dialysis

 

5819 Highway 90

  Milton   FL   32583   [DELETED]   [DELETED]

Davita Miramar Dialysis Center

 

2501 Dykes Rd Ste 200

  Miramar   FL   33010   [DELETED]   [DELETED]

Mount Dora Dialysis

 

2735 West Old U.S. Highway 441

  Mount Dora   FL   32757   [DELETED]   [DELETED]

Davita 4074 Naples

 

661 9th Street North

  Naples   FL   34102   [DELETED]   [DELETED]

Davita Naples At Home
Dialysis #4074

 

661 9th Street North

 

Naples
  FL   34102   [DELETED]   [DELETED]

Davita Dialysis—New Smyrna
Beach #4014

 

110 South Orange Avenue

 

New Smyrna
Beach
 

FL
 

32168
  [DELETED]   [DELETED]

Davita Greater Miami At Home

 

160 Nw 176 Street, Suite 100

  North Miami   FL   33169   [DELETED]   [DELETED]

Davita Miami North Dialysis

 

860 Ne 125th St.

  North Miami   FL   33161   [DELETED]   [DELETED]

Venture Dialysis Center, Inc.

 

16855 Northeast 2nd Avenue,
Suite 205

 

North Miami
Beach
 



FL
 



33162
  [DELETED]   [DELETED]

Davita Palm Breeze Dialysis
Center #4492

 

14942 Tamiami Trl

 

North Port
  FL   34287   [DELETED]   [DELETED]

Davita Advanced Dialysis Center of Fort Lauderdale #5589

 

911 E. Oakland Park Blvd

 

Oakland Park
  FL   33334   [DELETED]   [DELETED]

Davita #0402 Ocala Regional Kidney Center—East

 

2870 Southeast 1st Avenue

 

Ocala
  FL   34471   [DELETED]   [DELETED]

Davita #0403 Ocala Regional Kidney Center—West

 

9401 Southwest Highway 200, Building 600, Suite 601

 



Ocala
 



FL
  34481   [DELETED]   [DELETED]

Davita—Ocala At Home

 

2860 South East First Street

  Ocala   FL   34471   [DELETED]   [DELETED]

Davita Ocala Regional Home Division

 

2860 Southeast 1st Avenue

 

Ocala
  FL   34471   [DELETED]   [DELETED]

Davita 3044 Ocoee

 

11140 W. Colonial Dr Ste 5

  Ocoee   FL   34761   [DELETED]   [DELETED]

Davita—Orange City

 

242 Treemonte Dr

  Orange City   FL   32763   [DELETED]   [DELETED]

Davita 3021 Orlando Downtown

 

116 Sturtevant St.

  Orlando   FL   32806   [DELETED]   [DELETED]

Davita 3208 Orlando North-Adanson

 

5135 Adanson Street, Adanson Center, Suite 700

 

Orlando
 

FL
  32804   [DELETED]   [DELETED]

Davita 3351 Orlando East Semoran Blvd

 

1160 S. Semoran Blvd Ste C

 

Orlando
  FL   32807   [DELETED]   [DELETED]

Davita 3481 Orlando Home Training Dialysis

 

116 Sturtevant St. Ste 2

 

Orlando
  FL   32806   [DELETED]   [DELETED]

Davita 4076 Orlando Southwest

 

6925 Lake Ellenor Dr

  Orlando   FL   32809   [DELETED]   [DELETED]

 

Page 34 of 66


Member Name

 

Member Street

  Member City   Member
State
  Member
ZIP
  [DELETED]   [DELETED]

Davita Orlando Hemo
Dialysis #0178

 

14050 Town Loop Blvd Ste 104a

 

Orlando
  FL   32837   [DELETED]   [DELETED]

Davita Orlando Park Dialysis
Center #4446

 

5397 W. Colonial Dr Suite 120

 

Orlando
  FL   32808   [DELETED]   [DELETED]

Davita Rx

 

2616 Commerce Dr Ste 500b

  Orlando   FL   32819   [DELETED]   [DELETED]

Davita-Central Orlando Dialysis Center #1992

 

2548 North Orange Blossom Trail, Suite 400

 



Orlando
 



FL
  32804   [DELETED]   [DELETED]

Orlando Home Training #3481

 

3885 Oakwater Cir Suite C

  Orlando   FL   32806   [DELETED]   [DELETED]

Davita 4070 Ormond Beach

 

495 S. Nova Rd Ste 109

  Ormond Beach   FL   32174   [DELETED]   [DELETED]

North Palm Beach Dialysis
Center, Inc.

 

3375 Burns Road, Suite 101

 

Palm Beach
Gardens
 

FL
 

33410
  [DELETED]   [DELETED]

Davita 4042 Palm Coast

 

13 Kingswood Dr Ste A

  Palm Coast   FL   32137   [DELETED]   [DELETED]

Davita of Lake Worth

 

2459 S. Congress Ave Ste 100

  Palm Springs   FL   33406   [DELETED]   [DELETED]

Davita—Panama City Dialysis

 

615 Highway 231

  Panama City   FL   32405   [DELETED]   [DELETED]

Davita 2338 West Beach Dialysis

 

16201 Panama City Beach Pkwy Ste 102

 

Panama City
 

FL
  32413   [DELETED]   [DELETED]

Davita Coastal Kidney Center #1612

 

510 N. Macarthur Ave

  Panama City   FL   32401   [DELETED]   [DELETED]

Davita Panama City At Home #5926

 

615 N. Highway 231

  Panama City   FL   32405   [DELETED]   [DELETED]

Davita—West Florida Hospital #1068-9 Dialysis

 

8333 N. Davis Hwy

 

Pensacola
  FL   32514   [DELETED]   [DELETED]

Davita Panhandle Alabama Acutes Dialysis #1075-4

 

7835 N. Davis Hwy

 

Pensacola
  FL   32514   [DELETED]   [DELETED]

Davita West Pensacola At
Home #6187

 

598 N. Fairfield Drive, Suite 100

 

Pensacola
  FL   32506   [DELETED]   [DELETED]

Davita West Pensacola
Dialysis #2305

 

598 N. Fairfield Dr Ste 100

 

Pensacola
  FL   32506   [DELETED]   [DELETED]

Davita 3508 Perry

 

118 West Main Street

  Perry   FL   32347   [DELETED]   [DELETED]

Davita 4029 Plant City

 

1211 West Reynolds Street, Suite 1

  Plant City   FL   33563   [DELETED]   [DELETED]

Davita

 

7061 Cypress Rd Ste 103

  Plantation   FL   33317   [DELETED]   [DELETED]

Pine Island Kidney Center

 

1871 North Pine Island Road

  Plantation   FL   33322   [DELETED]   [DELETED]

Davita—Pompano Beach Artificial Kidney Center

 

1311 East Atlantic Boulevard

 

Pompano Beach
  FL   33060   [DELETED]   [DELETED]

Davita—Port Charlotte Artificial Kidney Center

 

4300 Kings Highway, Suite 406, Box D17

 



Port Charlotte
 



FL
  33980   [DELETED]   [DELETED]

Gulf Coast Dialysis, Inc.

 

3300 Tamiami Trail, Suite 101a

  Port Charlotte   FL   33952   [DELETED]   [DELETED]

Davita-New Port Richey Kidney Center

 

7421 Ridge Road

 

Port Richey
  FL   34668   [DELETED]   [DELETED]

Davita 2825-1 Liberty

 

10400 South Federal Highway, Suite 100

 

Port St. Lucie
 

FL
  34952   [DELETED]   [DELETED]

Davita 4088 Quincy

 

878 Strong Rd

  Quincy   FL   32351   [DELETED]   [DELETED]

Davita 4064 Sun City Center

 

775 Cortaro Dr

  Ruskin   FL   33573   [DELETED]   [DELETED]

Davita-Sanford Dialysis
Center #1993

 

1701 West 1st Street

 

Sanford
  FL   32771   [DELETED]   [DELETED]

Davita 3275 Sebastian

 

1424 Us Highway 1 Ste C

  Sebastian   FL   32958   [DELETED]   [DELETED]

Davita- Daytona Beach South #4002 Dialysis

 

1801 S. Nova Rd Ste 306

 

South Daytona
  FL   32119   [DELETED]   [DELETED]

Hernando Kidney Center

 

2985-A Landover Boulevard

  Spring Hill   FL   34608   [DELETED]   [DELETED]

Davita St. Cloud Dialysis

 

4750 Old Canoe Creek Rd

  St. Cloud   FL   34769   [DELETED]   [DELETED]

Davita 3447 St. Petersburg

 

1117 Arlington Ave N.

  St. Petersburg   FL   33705   [DELETED]   [DELETED]

Davita Dialysis—Bayfront Medical Center

 

701 6th St. S,6 N. Dialysis Unit

 

St. Petersburg
  FL   33701   [DELETED]   [DELETED]

Davita Pinellas Dialysis
Center #4407

 

3451 66th St. N.

 

St. Petersburg
  FL   33710   [DELETED]   [DELETED]

Davita St. Petersburg At Home

 

2850 34th Street South

  St. Petersburg   FL   33711   [DELETED]   [DELETED]

Davita St. Petersburg South

 

2850 34th Street South

  St. Petersburg   FL   33711   [DELETED]   [DELETED]

Davita—West Tennessee At Home/Pd

 

2645 West Tennessee, Suite 14

 

Tallahassee
  FL   32304   [DELETED]   [DELETED]

Davita 4001 Tallahassee West

 

2645 West Tennessee, Suite 8

  Tallahassee   FL   32304   [DELETED]   [DELETED]

Davita 4089 Tallahassee

 

1607 Physicians Dr

  Tallahassee   FL   32308   [DELETED]   [DELETED]

Davita South

 

2410 S. Adams St.

  Tallahassee   FL   32301   [DELETED]   [DELETED]

Davita—Tamarac Artificial Kidney Center #177

 

7140-7148 West Mcnab Road

 

Tamarac
  FL   33321   [DELETED]   [DELETED]

Davita 4004 Tampa West

 

4515 George Road, Suite 300

  Tampa   FL   33634   [DELETED]   [DELETED]

Davita 4066 Tampa Central

 

4204 North Macdill Avenue South

  Tampa   FL   33607   [DELETED]   [DELETED]

Davita 4310 Greater Tampa At Home

 

4204 N. Macdill Ave Ste B.

 

Tampa
  FL   33607   [DELETED]   [DELETED]

Davita Usf

 

10770 N. 46th St. Ste A100

  Tampa   FL   33617   [DELETED]   [DELETED]

Davita—Temple Terrace

 

11306 53rd Street

  Temple Terrace   FL   33617   [DELETED]   [DELETED]

Laurel Manor At the Villages Dialysis Center #2179

 

1950 Laurel Manor Drive, Building 190

 



The Villages
 



FL
  32162   [DELETED]   [DELETED]

Davita—Venice Dialysis Center

 

816 Pinebrook Road

  Venice   FL   34285   [DELETED]   [DELETED]

 

Page 35 of 66


Member Name

 

Member Street

  Member City   Member
State
  Member
ZIP
  [DELETED]   [DELETED]

Davita Indian River Dialysis, LLC

 

2150 45th Street, Suite 102

  Vero Beach   FL   32967   [DELETED]   [DELETED]

Davita—Jackson South Hospital #3652-2—Dialysis-Acute

 

9333 Sw 152nd St. Room 244

 

Village of
Palmetto
Bay
 



FL
 



33157
  [DELETED]   [DELETED]

Davita Wesley Chapel #2366

 

2255 Green Hedges Way

  Wesley
Chapel
 

FL
 

33544
  [DELETED]   [DELETED]

Davita Wesley Chapel At
Home #5934

 

2255 Green Hedges Way

 

Wesley
Chapel
 

FL
 

33544
  [DELETED]   [DELETED]

Davita #0670 Dialysis Associates of the Palm Beaches, Inc.

 

2611 Poinsettia Ave

 

West Palm
Beach
 

FL
 

33407
  [DELETED]   [DELETED]

Davita Lake Worth At Home

 

2459 South Congress Avenue,
Suite 100

 

West Palm
Beach
 



FL
 



33406
  [DELETED]   [DELETED]

Davita Weston Dialysis
Center #2035

 

2685 Executive Park Drive, Suite 1

 

Weston
  FL   33331   [DELETED]   [DELETED]

Davita Winter Garden Dialysis Center #4408

 

1222 Winter Gdn Vineland Rd Ste 100 Bldg, 3

 



Winter Garden
 



FL
  34787   [DELETED]   [DELETED]

Davita 4030 Winter Haven

 

1625 Dr. Martin Luther King Drive

  Winter Haven   FL   33881   [DELETED]   [DELETED]

Davita -Winter Park Dialysis

 

3727 North Goldenrod Road,
Suite 101

 

Winter Park
 

FL
  32792   [DELETED]   [DELETED]

Davita-Winter Park Hemo Dialysis Center #1994

 

4100 Metric Dr Ste 300

 

Winter Park
  FL   32792   [DELETED]   [DELETED]

Davita-Winter Park Pd Dialysis Center #1995

 

4100 Metric Dr Ste 200

 

Winter Park
  FL   32792   [DELETED]   [DELETED]

Davita East Tampa Dialysis #2461

 

1701 E. 9th Ave

  Ybor City   FL   33605   [DELETED]   [DELETED]

Davita 4068 Zephyrhills

 

6610 Stadium Drive

  Zephyrhills   FL   33542   [DELETED]   [DELETED]

Davita Americus Dialysis Clinic

 

227 N. Lee Street

  Americus   GA   31709   [DELETED]   [DELETED]

Davita 3130 Athens West

 

2047 Prince Ave Ste A

  Athens   GA   30606   [DELETED]   [DELETED]

Davita #1856 Ralph Mcgill Dialysis

 

448 Ralph Mcgill Blvd Ne

  Atlanta   GA   30312   [DELETED]   [DELETED]

Davita—Southwest Atlanta Nephrology

 

3620 Martin Luther King Drive Southwest

 



Atlanta
 



GA
  30331   [DELETED]   [DELETED]

Davita 3119 Atlanta East

 

1308 Moreland Ave

  Atlanta   GA   30316   [DELETED]   [DELETED]

Davita 3175 South Fulton

 

2685 Metropolitan Pkwy Sw Ste F.

  Atlanta   GA   30315   [DELETED]   [DELETED]

Davita 3225 Ford Factory Square Mcgill

 

567 North Ave Ste 100

 

Atlanta
  GA   30354   [DELETED]   [DELETED]

Davita 3236 Atlanta West

 

2538 Martin Luther King Dr Sw

  Atlanta   GA   30311   [DELETED]   [DELETED]

Davita 3586 Loring Heights

 

1575 Northside Drive Nw,
Suite 405

 

Atlanta
 

GA
  30318   [DELETED]   [DELETED]

Davita Atlanta Dialysis #3111

 

567 North Ave Ste 200

  Atlanta   GA   30354   [DELETED]   [DELETED]

Davita Bakers Ferry Dialysis #0456

 

3645 Bakers Ferry Rd Sw

  Atlanta   GA   30331   [DELETED]   [DELETED]

Davita Buckhead Dialysis

 

1575 Northside Dr Ne Ste 365

  Atlanta   GA   30318   [DELETED]   [DELETED]

Davita Linden Dialysis #821

 

121 Linden Avenue

  Atlanta   GA   30308   [DELETED]   [DELETED]

Davita Midtown

 

489 Peachtree Street, Suite 100

  Atlanta   GA   30308   [DELETED]   [DELETED]

Davita Midtown Clinic At
Home #6043

 

489 Peachtree Street, Suite 100a

 

Atlanta
  GA   30308   [DELETED]   [DELETED]

Davita Piedmont

 

105 Collier Road, Level B.

  Atlanta   GA   30309   [DELETED]   [DELETED]

Davita- Lake Hearn Dialysis
Center #2071

 

1150 Lake Hearn Dr Ne Ste 100

 

Atlanta
  GA   30342   [DELETED]   [DELETED]

Davita-South Star Adamsville

 

3651 Bakers Ferry Road

  Atlanta   GA   30331   [DELETED]   [DELETED]

Davita—Augusta South Wylds Acutes 3094

 

1815 Wylds Rd

 

Augusta
  GA   30909   [DELETED]   [DELETED]

Davita 3094 Wylds Road

 

1815 Wylds Rd

  Augusta   GA   30909   [DELETED]   [DELETED]

Nephrology Center of South Augusta

 

1631 Gordon Highway, Suite 1b

  Augusta   GA   30906   [DELETED]   [DELETED]

Davita Cobb Dialysis #1638

 

3865 Medical Park Dr

  Austell   GA   30106   [DELETED]   [DELETED]

Davita Colonial Springs Dialysis Center #4472

 

2840 E. West Connector #350

 

Austell
  GA   30106   [DELETED]   [DELETED]

Davita 3258 Baxley

 

539 Fair Street

  Baxley   GA   31513   [DELETED]   [DELETED]

Davita—Brunswick Pd

 

53 Scranton Connector

  Brunswick   GA   31525   [DELETED]   [DELETED]

Davita 3106 Brunswick

 

53 Scranton Connector

  Brunswick   GA   31525   [DELETED]   [DELETED]

Davita 3120 Brunswick South

 

4420 Altama Ave Ste 19

  Brunswick   GA   31520   [DELETED]   [DELETED]

Davita Southeast Georgia Regional Medical Center Acute Dialysis

 

2415 Parkwood Dr

 

Brunswick
  GA   31520   [DELETED]   [DELETED]

Davita—Buena Vista

 

349 Geneva Rd

  Buena Vista   GA   31803   [DELETED]   [DELETED]

Buford Dialysis Center #2166

 

1550 Buford Highway, Suite 1e

  Buford   GA   30518   [DELETED]   [DELETED]

Davita 3414 Cedartown

 

325 West Ave

  Cedartown   GA   30125   [DELETED]   [DELETED]

Davita—West Georgia Dialysis Center #2070

 

1216 Stark Ave

 

Columbus
  GA   31906   [DELETED]   [DELETED]

Davita Columbus At Home

 

6228 Bradley Park Drive, Suite B.

  Columbus   GA   31904   [DELETED]   [DELETED]

Renal Treatment Center—Columbus

 

6228 Bradley Park Drive, Suite B.

  Columbus   GA   31904   [DELETED]   [DELETED]

 

Page 36 of 66


Member Name

 

Member Street

  Member
City
  Member
State
  Member
ZIP
  [DELETED]   [DELETED]

Davita Conyers Dialysis
Center #4421

 

1501 Milstead Rd Ne

 

Conyers
  GA   30012   [DELETED]   [DELETED]

Davita 2415 Cordele Dialysis Center

 

1013 E. 16th Ave

  Cordele   GA   31015   [DELETED]   [DELETED]

Davita 3441 Cumming

 

911 Market Place Blvd Ste 3

  Cumming   GA   30041   [DELETED]   [DELETED]

Davita Paulding Dialysis

 

4019 Johns Rd

  Dallas   GA   30132   [DELETED]   [DELETED]

Davita 3060 South Dekalb

 

1757 Candler Rd

  Decatur   GA   30032   [DELETED]   [DELETED]

Davita Decatur Dialysis

 

1987 Candler Road

  Decatur   GA   30032   [DELETED]   [DELETED]

Davita East Dekalb Dialysis #1951

 

2801 Candler Rd Ste 203

  Decatur   GA   30034   [DELETED]   [DELETED]

Davita Lithonia Dialysis
Center #2120

 

2485 Park Central Blvd

 

Decatur
  GA   30035   [DELETED]   [DELETED]

Davita Snapfinger Dialysis #1950

 

5255 Snapfinger Park Dr Ste 110

  Decatur   GA   30035   [DELETED]   [DELETED]

Davita Southern Lane Dialysis

 

1840 Southern Ln

  Decatur   GA   30033   [DELETED]   [DELETED]

Davita-Lithonia At Home

 

2485 Park Central Blvd

  Decatur   GA   30035   [DELETED]   [DELETED]

Davita 3040 Douglas

 

190 Westside Dr Ste A

  Douglas   GA   31533   [DELETED]   [DELETED]

Davita Dialysis

 

3899 Longview Dr

  Douglasville   GA   30135   [DELETED]   [DELETED]

Davita- Arbor Place Dialysis
Center #4400

 

9559 Highway 5 Ste 1

 

Douglasville
  GA   30135   [DELETED]   [DELETED]

Davita 3224 Laurens County-Dublin

 

2400 Bellevue Road, Building 8

  Dublin   GA   31021   [DELETED]   [DELETED]

Davita Shamrock Dialysis
Center #4356

 

1016 Claxton Dairy Rd Ste 1a

 

Dublin
  GA   31021   [DELETED]   [DELETED]

Davita Duluth

 

10680 Medlock Bridge Road,
Suite 103

 

Duluth
 

GA
  30097   [DELETED]   [DELETED]

Davita—Athens Dialysis Center

 

2026 South Milledge Avenue,
Suite A-2

 

East Athens
 

GA
  30605   [DELETED]   [DELETED]

Davita 3445 Atlanta South

 

3158 East Main Street, Suite A

  East Point   GA   30344   [DELETED]   [DELETED]

East Point Dialysis

 

2669 Church Street

  East Point   GA   30344   [DELETED]   [DELETED]

Elberton Dialysis Facility, Incorporation

 

894 Elbert Street

 

Elberton
  GA   30635   [DELETED]   [DELETED]

Davita #1526 Ellijay Dialysis

 

449 Industrial Blvd, Suite 240

  Ellijay   GA   30540   [DELETED]   [DELETED]

Davita 3376 Fayetteville

 

1279 Highway 54 West, Suite 110

  Fayetteville   GA   30214   [DELETED]   [DELETED]

Davita Forest Park Dialysis Center

 

380 Forest Pkwy

  Forest Park   GA   30297   [DELETED]   [DELETED]

Davita Fort Valley Dialysis Center

 

557 North Bluebird Boulevard

  Fort Valley   GA   31030   [DELETED]   [DELETED]

Davita—Gainseville At Home

 

2545 Flintridge Road, Suite 130

  Gainesville   GA   30501   [DELETED]   [DELETED]

Dialysis of Georgia, LLC—Gainesville

 

2545 Flintridge Rd Ste 130

 

Gainesville
  GA   30501   [DELETED]   [DELETED]

Davita #476—Iris City Dialysis

 

521 North Expressway Village, Suite 1509

 

Griffin
 

GA
  30223   [DELETED]   [DELETED]

Davita Griffin Dialysis Center

 

731 South 8th Street

  Griffin   GA   30224   [DELETED]   [DELETED]

Davita 4055 Hinesville Dialysis

 

522 Elma G. Miles Pkwy

  Hinesville   GA   31313   [DELETED]   [DELETED]

Davita Magnolia Oaks Dialysis Center #5035

 

2377 Ga Highway 196 W.

 

Hinesville
  GA   31313   [DELETED]   [DELETED]

Davita Grovepark #2061

 

794 Mcdonough Road, Suite 103

  Jackson   GA   30233   [DELETED]   [DELETED]

Davita 3037 Jesup

 

301 Peachtree Street

  Jesup   GA   31545   [DELETED]   [DELETED]

Davita #2302 Spivey Dialysis Center

 

1423 Stockbridge Road, Suite B.

  Jonesboro   GA   30236   [DELETED]   [DELETED]

Davita 6115 Spivey At Home Dialysis

 

1423 Stockbridge Rd Suite B.

 

Jonesboro
  GA   30236   [DELETED]   [DELETED]

Davita Jonesboro

 

129 King St.

  Jonesboro   GA   30236   [DELETED]   [DELETED]

Sugarloaf Dialysis Center

 

1705 Belle Meade Court, Suite 110

  Lawrenceville   GA   30043   [DELETED]   [DELETED]

Davita Sweetwater

 

7117 Sweetwater Road

  Lithia Springs   GA   30122   [DELETED]   [DELETED]

Davita Dialysis Center of Middle Georgia

 

747 Second Street

 

Macon
  GA   31201   [DELETED]   [DELETED]

Davita East Macon Dialysis

 

165 Emery Highway, Suite 101

  Macon   GA   31217   [DELETED]   [DELETED]

Davita Kennestone At Home
Dialysis #5971

 

200 Cobb Pkwy N. Ste 318

 

Marietta
  GA   30062   [DELETED]   [DELETED]

Davita Kennestone Dialysis
Center #4338

 

200 Cobb Pkwy N. Ste 318

 

Marietta
  GA   30062   [DELETED]   [DELETED]

Mcdonough Dialysis Center

 

114 Dunn Avenue

  Mcdonough   GA   30253   [DELETED]   [DELETED]

Davita 3025 Candler County

 

325 Cedar Rd

  Metter   GA   30439   [DELETED]   [DELETED]

Davita Milledgeville

 

400 South Wayne Street

  Milledgeville   GA   31061   [DELETED]   [DELETED]

Davita 3560 Montezuma

 

114 Devaughn Ave

  Montezuma   GA   31063   [DELETED]   [DELETED]

Davita Moultrie Dialysis Center

 

2419 South Main Street

  Moultrie   GA   31768   [DELETED]   [DELETED]

Dialysis of Georgia, L.L.C.

 

1565 East Highway 34, Suite A

  Newnan   GA   30265   [DELETED]   [DELETED]

Davita Peach Tree City Dialysis Center #4420

 

2832 Highway 54 Bldg 100

 

Peachtree
City
 

GA
 

30269
  [DELETED]   [DELETED]

Kidney Care Perry, LLC

 

1027 Keith Drive

  Perry   GA   31069   [DELETED]   [DELETED]

Davita—2452 Pooler Dialysis Center

 

54 Traders Way

  Pooler   GA   31322   [DELETED]   [DELETED]

Davita Pooler At Home Dialysis

 

54 Traders Way

  Pooler   GA   31322   [DELETED]   [DELETED]

Davita Southern Crescent Dialysis Center #2186

 

275 Upper Riverdale Road, Suite B.

 

Riverdale
  GA   30274   [DELETED]   [DELETED]

Davita 3002 Rome

 

15 John Maddox Dr Nw

  Rome   GA   30165   [DELETED]   [DELETED]

Davita Rome At Home

 

15 John Maddox Drive Nw

  Rome   GA   30165   [DELETED]   [DELETED]

Davita—North Fulton Dialysis #6306

 

1250 Northmeadow Pkwy Ste 120

  Roswell   GA   30076   [DELETED]   [DELETED]

Davita 3546 Williams Street Dialysis

 

2812 Williams St.

  Savannah   GA   31404   [DELETED]   [DELETED]

Davita 3547 Derenne Dialysis

 

5303 Montgomery St.

  Savannah   GA   31405   [DELETED]   [DELETED]

 

Page 37 of 66


Member Name

 

Member Street

  Member
City
  Member
State
  Member
ZIP
  [DELETED]   [DELETED]

Davita 3548 Abercorn Dialysis

 

11706 Mercy Blvd Ste 9

  Savannah   GA   31419   [DELETED]   [DELETED]

Davita Derenne At Home

 

5303 Montgomery Street

  Savannah   GA   31405   [DELETED]   [DELETED]

Davita 2167 Snellville Dialysis Center

 

2135 Main St. E. Ste 130

 

Snellville
  GA   30078   [DELETED]   [DELETED]

Davita 3544 Effingham North Dialysis Ctr

 

301 North Pine Street

 

Springfield
  GA   31329   [DELETED]   [DELETED]

Davita 4072 St. Marys Dialysis

 

2714 Osborne Rd

  St. Marys   GA   31558   [DELETED]   [DELETED]

Davita #0642 Nephrology Center of Statesboro

 

4b College Plz

 

Statesboro
  GA   30458   [DELETED]   [DELETED]

Davita East Georgia Dialysis Center

 

450 Georgia Avenue, Suite A

  Statesboro   GA   30458   [DELETED]   [DELETED]

Davita Dialysis—Spaulding Regional Medical Center # 1055-2-Acute

 

1133 Eagel Landing Pkwy

 

Stockbridge
  GA   30281   [DELETED]   [DELETED]

Davita North Henry Dialysis

 

5627 North Henry Blvd, Suite I1

  Stockbridge   GA   30281   [DELETED]   [DELETED]

Davita Mountain Park

 

5235 Memorial Drive

  Stone
Mountain
 

GA
 

30083
  [DELETED]   [DELETED]

Davita 3121 Thomaston

 

113a E. County Rd

  Thomaston   GA   30286   [DELETED]   [DELETED]

Davita—Tifton Dialysis Center

 

624 Love Avenue

  Tifton   GA   31794   [DELETED]   [DELETED]

Davita Norhlake Dialysis Center #1639

 

1350 Montreal Road, Suite 200

 

Tucker
  GA   30084   [DELETED]   [DELETED]

Davita Tucker Dialysis Center #4410

 

4434 Hugh Howell Rd

  Tucker   GA   30084   [DELETED]   [DELETED]

Davita—Union City Dialysis

 

6851 Shannon Parkway, Suite 200

  Union City   GA   30291   [DELETED]   [DELETED]

Davita Union City At Home #5965 Dialysis

 

6851 Shannon Pkwy 200

 

Union City
  GA   30291   [DELETED]   [DELETED]

Davita Oak Street Dialysis # 3005

 

2704 N. Oak St. Bldg H

  Valdosta   GA   31602   [DELETED]   [DELETED]

Davita—Vadalia First Street Dialysis #1960

 

906 E. 1st St. Ste B.

 

Vidalia
  GA   30474   [DELETED]   [DELETED]

Davita of Vidalia

 

1806 Edwina Drive

  Vidalia   GA   30474   [DELETED]   [DELETED]

Dialysis Center of Middle Georgia

 

509 North Houston Road

  Warner
Robins
 

GA
 

31093
  [DELETED]   [DELETED]

Davita Washington Dialysis Center

 

154 Washington Plaza

  Washington   GA   30673   [DELETED]   [DELETED]

Davita Waycross Dialysis Center #2352

 

308 Carswell Ave

 

Waycross
  GA   31501   [DELETED]   [DELETED]

Davita of Woodstock

 

2001 Professional Parkway, Suite 100

 

Woodstock
 

GA
  30188   [DELETED]   [DELETED]

Davita 3564 Wrightsville

 

2240 W. Elm St.

  Wrightsville   GA   31096   [DELETED]   [DELETED]

Davita, Dba; Atlantic Dialysis Center #1597

 

1500 East 10th Street Suite B.

 

Atlantic
  IA   50022   [DELETED]   [DELETED]

Davita 3527 Council Bluffs

 

300 West Broadway, Suite 150

  Council
Bluffs
 

IA
 

51503
  [DELETED]   [DELETED]

Davtia #1596, dba ; Creston Dialysis

 

1700 West Townline

  Creston   IA   50801   [DELETED]   [DELETED]

Davita Dialysis Central Des Moines #1594

 

1215 Pleasant Street, Suite 106

 

Des Moines
  IA   50309   [DELETED]   [DELETED]

Davita East Des Moines At Home

 

1301 Pennsylvania Avenue, Suite 208

 

Des Moines
 

IA
  50316   [DELETED]   [DELETED]

Davita East Des Moines Dialysis Center #2132

 

1301 Pennsylvania Ave Ste 208

 

Des Moines
  IA   50316   [DELETED]   [DELETED]

Davita Riverpoint Dialysis

 

501 Southwest 7th Street, Suite B.

  Des Moines   IA   50309   [DELETED]   [DELETED]

Davita Grundy Dialysis Center #5023

 

101 E. J. Ave Suite 110

  Grundy
Center
 

IA
 

50638
  [DELETED]   [DELETED]

Davita # 1573 Harlan Dialysis

 

1213 Garfield Avenue

  Harlan   IA   51537   [DELETED]   [DELETED]

Davita Buchanan County Dialysis #1925

 

1600 1st St. E.

 

Independence
  IA   50644   [DELETED]   [DELETED]

Davita #1598, Dba; Newton Dialysis

 

204 North 4th Avenue East, Suite 134

 

Newton
 

IA
  50208   [DELETED]   [DELETED]

Davita Perry Dialysis Center #2134

 

610 Tenth Street, Suite L100

  Perry   IA   50220   [DELETED]   [DELETED]

Davita Shenandoah Dialysis #1574

 

300 Pershing

  Shenandoah   IA   51601   [DELETED]   [DELETED]

Davita—Cedar Valley Dialysis Center #1980

 

1661 W. Ridgeway Ave

 

Waterloo
  IA   50701   [DELETED]   [DELETED]

Davita Black Hawk Dialysis # 1927

 

3421 W. 9th St.

  Waterloo   IA   50702   [DELETED]   [DELETED]

Davita #1926 Waverly Dialysis

 

220 10th St. Sw

  Waverly   IA   50677   [DELETED]   [DELETED]

Davita #1595, dba ; West Des Moines Dialysis

 

6800 Lake Drive, Suite 185

 

West Des
Moines
 

IA
 

50266
  [DELETED]   [DELETED]

Davita—West Union Dialysis Center #1981

 

405 Highway 150 North, PO Box 516

 



West Union
 



IA
  52175   [DELETED]   [DELETED]

Davita Southwest Idaho Advanced Care Hospital-Acute

 

6651 W. Franklin Rd

 

Boise
  ID   83709   [DELETED]   [DELETED]

Davita Table Roack At Home

 

5610 West Gage Street, Suite B.

  Boise   ID   83706   [DELETED]   [DELETED]

Davita Table Rock Dialysis Center #1814

 

5610 Gage St. Ste B.

 

Boise
  ID   83706   [DELETED]   [DELETED]

Davita Table Rock Dialysis Pd

 

5610 West Gage Street, Suite B.

  Boise   ID   83706   [DELETED]   [DELETED]

Davita Burley Dialysis

 

741 N. Overland Ave

  Burley   ID   83318   [DELETED]   [DELETED]

 

Page 38 of 66


Member Name

 

Member Street

  Member
City
  Member
State
  Member
ZIP
  [DELETED]   [DELETED]

Davita Burley Dialysis Pd

 

741 N. Overland Ave

  Burley   ID   83318   [DELETED]   [DELETED]

Davita Caldwell Dialysis Center #2364

 

821 Smeed Pkwy

 

Caldwell
  ID   83605   [DELETED]   [DELETED]

Davita Caldwell Dialysis Center Pd-Id #5028

 

821 Smeed Pkwy

 

Caldwell
  ID   83605   [DELETED]   [DELETED]

Davita Treasure Valley Dialysis #1812

 

3525 East Louise Drive, Suite 155

 

Meridian
  ID   83642   [DELETED]   [DELETED]

Davita Treasure Valley Dialysis #1836 Pd Unit

 

3525 East Louise Drive Suite 155

 

Meridian
  ID   83642   [DELETED]   [DELETED]

Davita Moscow Dialysis # 4325

 

212 Rodeo Dr Suite 101

  Moscow   ID   83843   [DELETED]   [DELETED]

Davita Nampa Dialysis Ctr

 

846 Park Centre Way

  Nampa   ID   83651   [DELETED]   [DELETED]

Nampa Dialysis Pd

 

846 Parkcentre Way

  Nampa   ID   83651   [DELETED]   [DELETED]

Gate City Dialysis Center

 

2001 Bench Rd

  Pocatello   ID   83201   [DELETED]   [DELETED]

Gate City Dialysis Pd

 

2001 Bench Road

  Pocatello   ID   83201   [DELETED]   [DELETED]

Davita Twin Falls At Home

 

1840 Canyon Crest Drive

  Twin Falls   ID   83301   [DELETED]   [DELETED]

Davita Twin Falls Dialysis Center

 

1840 Canyon Crest Dr

  Twin Falls   ID   83301   [DELETED]   [DELETED]

Davita Twin Falls Dialysis Pd

 

1840 Canyon Crest

  Twin Falls   ID   83301   [DELETED]   [DELETED]

Davita 3449 Alton

 

3511 College Ave

  Alton   IL   62002   [DELETED]   [DELETED]

Davita Metro East Dialysis Center #1720

 

5105 West Main Street

 

Belleville
  IL   62226   [DELETED]   [DELETED]

Davita- Metro East At Home

 

5105 West Main Street

  Belleville   IL   62226   [DELETED]   [DELETED]

Davita #1694 Benton Dialysis

 

1151 Route 14 West

  Benton   IL   62812   [DELETED]   [DELETED]

Davita—Bourbonnais Dialysis

 

581 William Latham Drive, Suite 104

 

Bourbannais
 

IL
  60914   [DELETED]   [DELETED]

Davita—Kankakee County Pd

 

581 William Lathan Drive, Suite 104

 

Bourbonnais
 

IL
  60914   [DELETED]   [DELETED]

Nephroplex Dialysis of Centralia

 

1231 State Road 161

  Centralia   IL   62801   [DELETED]   [DELETED]

Davita—Illini Renal At Home Dialysis 6086

 

507 East University Avenue

 

Champaign
  IL   61820   [DELETED]   [DELETED]

Davita—Llini Renal Dialysis 3580 Champaign

 

507 East University

 

Champaign
  IL   61820   [DELETED]   [DELETED]

Davita #6244—Kennedy Home Dialysis At Home

 

5509 N. Cumberland Ave Ste 515

 

Chicago
  IL   60656   [DELETED]   [DELETED]

Davita—Montclare

 

7009 West Belmond Avenue

  Chicago   IL   60634   [DELETED]   [DELETED]

Davita—Woodlawn Home Program #5581

 

5841 S. Maryland Ave Room L026

 

Chicago
  IL   60637   [DELETED]   [DELETED]

Davita—Woodlawn Home Program At Home #5933

 

5841 S. Maryland Ave Room L026

 

Chicago
  IL   60637   [DELETED]   [DELETED]

Davita Beverly At Home #5949

 

8109 S. Western Ave

  Chicago   IL   60620   [DELETED]   [DELETED]

Davita Beverly Dialysis Center #1785

 

8109 S. Western Ave

  Chicago   IL   60620   [DELETED]   [DELETED]

Davita Children’s Dialysis Center

 

2611 North Halsted Street

  Chicago   IL   60614   [DELETED]   [DELETED]

Davita Emerald Dialysis

 

710 West 43rd Street

  Chicago   IL   60609   [DELETED]   [DELETED]

Davita Emerald Pd

 

710 East 43rd Street

  Chicago   IL   60609   [DELETED]   [DELETED]

Davita Lake Park Dialysis #5578

 

1531 E. Hyde Park Blvd

  Chicago   IL   60615   [DELETED]   [DELETED]

Davita Little Village Dialysis Center

 

2335 West Cermak Road

  Chicago   IL   60608   [DELETED]   [DELETED]

Davita Logan Square Dialysis Services, Inc.

 

2659 North Milwaukee Avenue

 

Chicago
  IL   60647   [DELETED]   [DELETED]

Davita Mount Greenwood Dialysis Center #2118

 

3401 111th Street

 

Chicago
  IL   60655   [DELETED]   [DELETED]

Davita Mount Greenwood Pd #1830

 

3401 111th Street

  Chicago   IL   60655   [DELETED]   [DELETED]

Davita Skyline Home Dialysis

 

7009 West Belmont Avenue

  Chicago   IL   60634   [DELETED]   [DELETED]

Davita Stony Island Dialysis #5579

 

8725 South Stony Island Avenue

  Chicago   IL   60617   [DELETED]   [DELETED]

Davita West Lawn Dialysis Center #4363

 

7000c S. Pulaski Rd

 

Chicago
  IL   60629   [DELETED]   [DELETED]

Davita Woodlawn Dialysis #5580

 

1164 East 55th Street

  Chicago   IL   60615   [DELETED]   [DELETED]

Davita-Mt. Greenwood At Home

 

3401 West 111th Street

  Chicago   IL   60655   [DELETED]   [DELETED]

Lincoln Park Dialysis Services—Total Renal Care

 

3157 North Lincoln Avenue

 

Chicago
  IL   60657   [DELETED]   [DELETED]

Chicago Heights Dialysis Center

 

177 W. Joe Orr Rd Suite B.

  Chicago
Heights
 

IL
 

60411
  [DELETED]   [DELETED]

Davita 1824 Chicago Heights Pd/Home Hemo Dialysis

 

177 W. Joe Orr Rd Ste B.

 

Chicago
Heights
 

IL
 

60411
  [DELETED]   [DELETED]

Davita Crystal Springs Dialysis #5550

 

4900 S. Il Route 31

  Crystal Lake   IL   60012   [DELETED]   [DELETED]

Davita 3315 Macon County

 

1090 West McKinley Avenue

  Decatur   IL   62526   [DELETED]   [DELETED]

Davita 6085 Decatur East Wood At Home

 

794 E. Wood St.

 

Decatur
  IL   62523   [DELETED]   [DELETED]

Davita Decature East Wood

 

794 East Wood Street, Suite #425

  Decatur   IL   62523   [DELETED]   [DELETED]

Dixon Kidney Center #2099

 

1131 North Galena Avenue

  Dixon   IL   61021   [DELETED]   [DELETED]

Davita Sauget Dialysis

 

2061 Goose Lake Rd

  East St.
Louis
 

IL
 

62206
  [DELETED]   [DELETED]

Daivta Edwardsville Dialysis Center #2414

 

235 S. Buchanan St.

 

Edwardsville
  IL   62025   [DELETED]   [DELETED]

Davita—Effingham At Home

 

904 Medical Park Drive, Suite 4

  Effingham   IL   62401   [DELETED]   [DELETED]

Davita Effingham

 

904 Medical Park Drive, Suite 1

  Effingham   IL   62401   [DELETED]   [DELETED]

 

Page 39 of 66


Member Name

 

Member Street

  Member
City
  Member
State
  Member
ZIP
  [DELETED]   [DELETED]

Davita Cobblestone Dialysis #5551

 

934 Center St.

  Elgin   IL   60120   [DELETED]   [DELETED]

Davita—Wayne County Dialysis Center

 

303 North West 11th Street

 

Fairfield
  IL   62837   [DELETED]   [DELETED]

Davita Freeport Dialysis Unit

 

1028 S. Kunkle Blvd

  Freeport   IL   61032   [DELETED]   [DELETED]

Granite City Dialysis

 

#9 American Village Shopping Center

 

Granite City
 

IL
  62040   [DELETED]   [DELETED]

Davita 3317 Jacksonville

 

1515 W. Walnut St. Ste 11

  Jacksonville   IL   62650   [DELETED]   [DELETED]

Davita 2223 Lake Villa Home Dialysis Pd

 

37809 N. Illinois Route 59

 

Lake Villa
  IL   60046   [DELETED]   [DELETED]

Lake Villa Dialysis Center #2119

 

37809 North Illinois Route 59

  Lake Villa   IL   60046   [DELETED]   [DELETED]

Lake County Dialysis

 

918 South Milwaukee

  Libertyville   IL   60048   [DELETED]   [DELETED]

Davita 3322 Lincoln

 

2100 5th St.

  Lincoln   IL   62656   [DELETED]   [DELETED]

Davita 3318 Litchfield

 

915 St. Francis Way

  Litchfield   IL   62056   [DELETED]   [DELETED]

Davita Lockport At Home Dialysis #5999

 

16626 W. 159th St. Ste 703

 

Lockport
  IL   60441   [DELETED]   [DELETED]

Davita #6099 Marion

 

324 S. 4th St.

  Marion   IL   62959   [DELETED]   [DELETED]

Davita Marion At Home

 

324 S. 4th Street

  Marion   IL   62959   [DELETED]   [DELETED]

Davita #1910 Maryville Dialysis Pd

 

2136 Vadalabene Dr Ste B.

  Maryville   IL   62062   [DELETED]   [DELETED]

Davita #6125 Maryville At Home

 

2136 Vadalabene Dr, Ste B.

  Maryville   IL   62062   [DELETED]   [DELETED]

Davita- Maryville Dialysis Center

 

2130 Vadalabene Dr

  Maryville   IL   62062   [DELETED]   [DELETED]

Davita Olympia Fields

 

4557b West Lincoln Highway

  Matteson   IL   60443   [DELETED]   [DELETED]

Davita Olympia Fields Dialysis Pd

 

4557b Lincoln Hwy

  Matteson   IL   60443   [DELETED]   [DELETED]

Davita 3319 Mattoon

 

200 Richmond Avenue East

  Mattoon   IL   61938   [DELETED]   [DELETED]

Davita—Mount Vernon At Home

 

1800 Jefferson Avenue

  Mount
Vernon
 

IL
 

62864
  [DELETED]   [DELETED]

Nephroplex Dialysis of Mount Vernon

 

1800 Jefferson Ave

 

Mount
Vernon
 

IL
 

62864
  [DELETED]   [DELETED]

Davita Big Oaks Dialysis Center #4362

 

5623 W. Touhy Ave

 

Niles
  IL   60714   [DELETED]   [DELETED]

Davita #1784 Stony Creek Dialysis

 

9115 S. Cicero Ave Ste B.

  Oak Lawn   IL   60453   [DELETED]   [DELETED]

Davita Dialysis Olney #1731

 

117 North Boone Street

  Olney   IL   62450   [DELETED]   [DELETED]

Davita #5520 Pittsfield Dialysis

 

640 W. Washington St.

  Pittsfield   IL   62363   [DELETED]   [DELETED]

Davita Adams County At Home #5948

 

436 N. 10th St.

 

Quincy
  IL   62301   [DELETED]   [DELETED]

Davita Adams County Dialysis #5519

 

436 N. 10th St.

  Quincy   IL   62301   [DELETED]   [DELETED]

Davita Robinson Dialysis Center #4381

 

1215 N. Allen St.

 

Robinson
  IL   62454   [DELETED]   [DELETED]

Davita 1563 Rockford Dialysis

 

3339 N. Rockton Ave

  Rockford   IL   61103   [DELETED]   [DELETED]

Davita Churchview Dialysis Unit

 

5970 Churchview Drive

  Rockford   IL   61107   [DELETED]   [DELETED]

Davita Roxbury Dialysis Center #2097

 

622 Roxbury Rd

 

Rockford
  IL   61107   [DELETED]   [DELETED]

Davita Stonecrest Dialysis #5539

 

1302 E. State St.

  Rockford   IL   61104   [DELETED]   [DELETED]

Davita-Roxbury At Home

 

622 Roxbury Rd

  Rockford   IL   61107   [DELETED]   [DELETED]

Davita 3491 Rushville

 

112 Sullivan Dr

  Rushville   IL   62681   [DELETED]   [DELETED]

Davita 3320 Springfield Central

 

932 N. Rutledge St. Floor 1

  Springfield   IL   62702   [DELETED]   [DELETED]

Davita 3420 Springfield Montvale

 

2930 South Montvale Drive, Suite A

  Springfield   IL   62704   [DELETED]   [DELETED]

Davita Springfield Central At Home

 

932 N. Rutledge St. Fl 2

  Springfield   IL   62702   [DELETED]   [DELETED]

Davita Whiteside Dialysis

 

2600 North Locust Avenue, Suite D

  Sterling   IL   61081   [DELETED]   [DELETED]

Davita Sycamore Dialysis Center

 

2200 Gateway Dr

  Sycamore   IL   60178   [DELETED]   [DELETED]

Davita 3321 Taylorville

 

901 W. Spresser St.

  Taylorville   IL   62568   [DELETED]   [DELETED]

Davita Vandalia Dialysis Center

 

301 Mattes Ave

  Vandalia   IL   62471   [DELETED]   [DELETED]

Davita Batesville Dialysis Center

 

232 State Road 129 North

  Batesville   IN   47006   [DELETED]   [DELETED]

Davita Hoosier Dialysis Center #2450

 

143 S. Kingston Dr

  Bloomington   IN   47408   [DELETED]   [DELETED]

Davita Hoosier Hills At Home #5946

 

143 S. Kingston Dr

  Bloomington   IN   47408   [DELETED]   [DELETED]

Davita 2449 Carmel Dialysis

 

180 E. Carmel Dr

  Carmel   IN   46032   [DELETED]   [DELETED]

Davita Chesterton Dialysis Center

 

711 Plaza Dr Ste 6

  Chesterton   IN   46304   [DELETED]   [DELETED]

Davita—Corydon Dialysis

 

1937 Old State Road 135 N. W.

  Corydon   IN   47112   [DELETED]   [DELETED]

Davita Dialysis- East Chicago

 

4320 Fir St. Unit 404

  East
Chicago
 

IN
 

46312
  [DELETED]   [DELETED]

Davita East Evansville At Home #6090

 

1312 Professional Boulevard, Suite 100

 



Evansville
 



IN
  47714   [DELETED]   [DELETED]

Davita East Evansville Dialysis #1725

 

1312 Professional Boulevard, Suite 100

 

Evansville
 

IN
  47714   [DELETED]   [DELETED]

Davita East Evansville Dialysis Pd #1732

 

1312 Professional Boulevard, Suite 100

 



Evansville
 



IN
  47714   [DELETED]   [DELETED]

Davita North Evansville Dialysis Center #1726

 

1151 West Buena Vista Road

 

Evansville
  IN   47710   [DELETED]   [DELETED]

Davita Franklin At Home

 

1140 West Jefferson Street, Suite A

  Franklin   IN   46131   [DELETED]   [DELETED]

Davita Franklin Dialysis

 

1140 West Jefferson Street, Suite A

  Franklin   IN   46131   [DELETED]   [DELETED]

Davita—Gary

 

4802 Broadway

  Gary   IN   46408   [DELETED]   [DELETED]

 

Page 40 of 66


Member Name

 

Member Street

  Member City   Member
State
  Member
ZIP
  [DELETED]   [DELETED]

Davita Greensburg At Home Dialysis #6234

 

1531 N. Commerce East Dr Suite 6

 

Greensburg
  IN   47240   [DELETED]   [DELETED]

Davita-Greensburg Dialysis Center

 

1531 N. Commerce East Dr Suite 6

  Greensburg   IN   47240   [DELETED]   [DELETED]

Davita—Indy South Dialysis Center

 

972 Emerson Parkway, Suite E.

  Greenwood   IN   46143   [DELETED]   [DELETED]

Davita—Hammond

 

222 Douglas Street

  Hammond   IN   46320   [DELETED]   [DELETED]

Davita Hammond Pd #1826

 

222 Douglas Street

  Hammond   IN   46320   [DELETED]   [DELETED]

Davita-Hammond At Home

 

222 Douglas St.

  Hammond   IN   46320   [DELETED]   [DELETED]

Davita Westview At Home Dialysis

 

3749 Commercial Dr Suite B.

  Indianapolis   IN   46222   [DELETED]   [DELETED]

Davita Westview Dialysis

 

3749 Commercial Dr

  Indianapolis   IN   46222   [DELETED]   [DELETED]

Davita Jasper Dialysis Center #1728

 

721 West 13th Street, Suite 105

  Jasper   IN   47546   [DELETED]   [DELETED]

Davita—Lawrenceburg Dialysis

 

555 Eads Parkway, Suite 200

  Lawrenceburg   IN   47025   [DELETED]   [DELETED]

Davita Madison

 

220 Clifty Drive Unit K

  Madison   IN   47250   [DELETED]   [DELETED]

Davita Merrillville Dialysis

 

9223 Taft St.

  Merrillville   IN   46410   [DELETED]   [DELETED]

Davita Merrillville Dialysis Pd

 

9223 Taft Street

  Merrillville   IN   46410   [DELETED]   [DELETED]

Davita—Michigan City

 

9836 W. 400 N. Suite A

  Michigan City   IN   46360   [DELETED]   [DELETED]

Davita—Michigan City Pd

 

9836 W. 400 N. Suite A

  Michigan City   IN   46360   [DELETED]   [DELETED]

Davita—Munster

 

8317 Calumet Avenue, Suite A

  Munster   IN   46321   [DELETED]   [DELETED]

Davita New Albany Dialysis Center

 

2669 Charlestown Road, Suite E. and F.

 

New Albany
 

IN
  47150   [DELETED]   [DELETED]

Davita North Vernon Dialysis Center #4358

 

2340 N. State Highway 7 Ste A

 

North Vernon
  IN   47265   [DELETED]   [DELETED]

Davita Dialysis of Portage

 

5823 Us Highway 6

  Portage   IN   46368   [DELETED]   [DELETED]

Davita #2256 Princeton

 

2227 Sherman Dr

  Princeton   IN   47670   [DELETED]   [DELETED]

Davita Rush County Dialysis Center #4359

 

1400 N. Cherry St.

 

Rushville
  IN   46173   [DELETED]   [DELETED]

Davita Salem Dialysis

 

1201 N. Jim Day Road, Suite 103

  Salem   IN   47167   [DELETED]   [DELETED]

Davita Dialysis of St. John

 

10033 Wicker Ave Ste 6

  St. John   IN   46373   [DELETED]   [DELETED]

Tell City Dialysis Center #1531

 

1602 Main Street

  Tell City   IN   47586   [DELETED]   [DELETED]

Davita—Valparaiso

 

606 Lincolnway

  Valparaiso   IN   46383   [DELETED]   [DELETED]

Davita—Valparaiso Pd #1827

 

606 Lincolnway

  Valparaiso   IN   46383   [DELETED]   [DELETED]

Davita Dialysis Vincennes #1727

 

700 Willow Street, Suite 101

  Vincennes   IN   47591   [DELETED]   [DELETED]

Davita Vincennes At Home

 

700 Willow Street

  Vincennes   IN   47591   [DELETED]   [DELETED]

Davita Davies County Dialysis Center #1729

 

310 Northeast 14th Street

 

Washington
  IN   47501   [DELETED]   [DELETED]

Davita—Derby

 

250 West Red Powell Road

  Derby   KS   67037   [DELETED]   [DELETED]

Davita -Renal Treatment Centers—Garden City

 

401 N. Main St.

 

Garden City
  KS   67846   [DELETED]   [DELETED]

Davita—Horton Dialysis Center #2460

 

1901 Euclid Avenue

 

Horton
  KS   66439   [DELETED]   [DELETED]

Total Renal Care—Independence Dialysis

 

801 West Myrtle

 

Independence
  KS   67301   [DELETED]   [DELETED]

Davita—Wyandotte Dialysis Center #1956

 

4837 State Ave

 

Kansas City
  KS   66102   [DELETED]   [DELETED]

Davita 3517 Wyandotte West

 

8919 Parallel Parkway, Suite 121

  Kansas City   KS   66112   [DELETED]   [DELETED]

Davita Wyandotte Dialysis

 

3737 State Avenue, Suite 100

  Kansas City   KS   66102   [DELETED]   [DELETED]

Davita Leavenworth

 

501 Oak Street

  Leavenworth   KS   66048   [DELETED]   [DELETED]

Davita—Johnson County Dialysis #1954

 

10453 W. 84th Ter

 

Lenexa
  KS   66214   [DELETED]   [DELETED]

Davita Lenexa At Home Dialysis

 

8630 Halsey St.

  Lenexa   KS   66215   [DELETED]   [DELETED]

Grambro Healthcare Lenexa

 

8630 Halsey Street

  Lenexa   KS   66215   [DELETED]   [DELETED]

Davita—Newton

 

1223 Washington Road

  Newton   KS   67114   [DELETED]   [DELETED]

Davita 3457 Olathe

 

732 West Frontier

  Olathe   KS   66061   [DELETED]   [DELETED]

Davita Parsons

 

1902 South Highway 59, Building B. Labette County Medical Center

 



Parsons
 



KS
  67357   [DELETED]   [DELETED]

Davita Pratt Dialysis Center

 

203 South Watson Suite 110

  Pratt   KS   67124   [DELETED]   [DELETED]

Da Vita—East Wichita Dialysis

 

320 North Hillside

  Wichita   KS   67214   [DELETED]   [DELETED]

Davita #6133 At Home

 

909 North Topeka Street

  Wichita   KS   67214   [DELETED]   [DELETED]

Davita—Wichita Pd

 

909 North Topeka Street

  Wichita   KS   67214   [DELETED]   [DELETED]

Davita -Wichita Dialysis

 

909 North Topeka

  Wichita   KS   67214   [DELETED]   [DELETED]

Northeast Wichita Dialysis Center

 

2630 North Webb Road, Building 100, Suite 100

 

Wichita
 

KS
  67226   [DELETED]   [DELETED]

Total Renal Care—Winfield Dialysis

 

1315 East 4th Avenue

  Winfield   KS   67156   [DELETED]   [DELETED]

Davita—Bardstown Dialysis Center #2055

 

210 West John Fitch Avenue

 

Bardstown
  KY   40004   [DELETED]   [DELETED]

Davita Sheperdsville Dialysis Center #4386

 

150 Brooks Way Ste 15

 

Brooks
  KY   40109   [DELETED]   [DELETED]

Davita #0556 Taylor County Dialysis Ctr

 

101 Kingswood Drive

 

Campbellsville
  KY   42718   [DELETED]   [DELETED]

Davita—Cold Springs Dailysis

 

430 Crossroads Boulevard

  Cold Springs   KY   41076   [DELETED]   [DELETED]

12th Street Covington Davita Dialysis Center 4488

 

1500 James Simpson Jr Way Ste 1100

 



Covington
 



KY
  41011   [DELETED]   [DELETED]

Woodland Dialysis Center

 

912 Woodland Drive

  Elizabethtown   KY   42701   [DELETED]   [DELETED]

Davita Turfway

 

11 Spiral Dr Ste 15

  Florence   KY   41042   [DELETED]   [DELETED]

 

Page 41 of 66


Member Name

 

Member Street

  Member City   Member
State
  Member
ZIP
  [DELETED]   [DELETED]

Davita Turfway Dialysis Pd Clinic

 

11 Spiral Drive, Suite 15a

  Florence   KY   41042   [DELETED]   [DELETED]

Davita 3276 Crestview Hills

 

400 Centre View Boulevard

  Fort Mitchell   KY   41017   [DELETED]   [DELETED]

Paintsville Dialysis Center

 

4750 Kentucky Route 321 South

  Hagerhill   KY   41222   [DELETED]   [DELETED]

Davita Gardenside Dialysis Center #1730

 

70 North Gardenmile Road

 

Henderson
  KY   42420   [DELETED]   [DELETED]

Davita 3041 Hopkinsville

 

1914 S. Virginia St.

  Hopkinsville   KY   42240   [DELETED]   [DELETED]

Davita 3464 Christian County

 

200 Burley Ave

  Hopkinsville   KY   42240   [DELETED]   [DELETED]

Davita—Lagrange Dialysis Center

 

240 Parker Dr

  Lagrange   KY   40031   [DELETED]   [DELETED]

Davita #2139 Leitchfield Dialysis Center

 

912 Wallace Avenue, Suite 106

 

Leitchfield
  KY   42754   [DELETED]   [DELETED]

Davita Hamburg Dialysis Center #4377

 

1745 Alysheba Way

 

Lexington
  KY   40509   [DELETED]   [DELETED]

Davita—Louisville Dialysis Center #2107

 

8037 Dixie Hwy

 

Louisville
  KY   40258   [DELETED]   [DELETED]

Davita—Springhurst Dialysis Center #2195

 

10201 Champion Farms Drive

 

Louisville
  KY   40241   [DELETED]   [DELETED]

Davita Louisville

 

720 West Broadway

  Louisville   KY   40202   [DELETED]   [DELETED]

Davita- Meadows East Dialysis

 

2529 Six Mile Lane

  Louisville   KY   40220   [DELETED]   [DELETED]

Davita-West Broadway At Home

 

720 West Broadway

  Louisville   KY   40202   [DELETED]   [DELETED]

Davita—Madisonville Acute Dialysis # 1105

 

900 Hospital Dr

 

Madisonville
  KY   42431   [DELETED]   [DELETED]

Davita—Madisonville Dialysis

 

435 N. Kentucky Ave

  Madisonville   KY   42431   [DELETED]   [DELETED]

Davita—Maysville #2322

 

489 Tucker Drive

  Maysville   KY   41056   [DELETED]   [DELETED]

Owensboro Dialysis Center #1530

 

1930 E. Parrish Ave

  Owensboro   KY   42303   [DELETED]   [DELETED]

Davita Bourbon County Dialysis Center #4384

 

213 Letton Dr

 

Paris
  KY   40361   [DELETED]   [DELETED]

Eastern Kentucky Dialysis Center #1583

 

167 Weddington Branch Road

 

Pikeville
  KY   41501   [DELETED]   [DELETED]

Davita—South Williamson Dialysis Center #4306

 

204 Appalachian Plz

 

South
Williamson
 

KY
 

41503
  [DELETED]   [DELETED]

Davita 3291 South Hill

 

525 Alexandria Pike, Suite 120

  Southgate   KY   41071   [DELETED]   [DELETED]

Davita Versailles Dialysis Center #4385

 

480 Lexington Rd

 

Versailles
  KY   40383   [DELETED]   [DELETED]

Davita Whitesburg Dialysis Center #1585

 

222 Hospital Road, Suite D

 

Whitesburg
  KY   41858   [DELETED]   [DELETED]

Davita Williamstown Dialysis Center

 

103 Barnes Rd Suite A

  Williamstown   KY   41097   [DELETED]   [DELETED]

Davita

 

3888 North Blvd

  Baton Rouge   LA   70806   [DELETED]   [DELETED]

Bogalusa Kidney Care—Davita

 

2108 South Avenue F.

  Bogalusa   LA   70427   [DELETED]   [DELETED]

Dialysis Systems of Covington—Davita #1535

 

210 Greenbriar Blvd

 

Covington
  LA   70433   [DELETED]   [DELETED]

Davita Denham Springs Dialisys

 

26737 Highway 1032

  Denham
Springs
 

LA
 

70726
  [DELETED]   [DELETED]

Davita 3528 Deridder

 

239 E. 1st St.

  Deridder   LA   70634   [DELETED]   [DELETED]

Davita 2606 Donaldsonville

 

101 Plimsol Dr

  Donaldsonville   LA   70346   [DELETED]   [DELETED]

Washington Parish Kidney Care

 

724 Washington Street

  Franklinton   LA   70438   [DELETED]   [DELETED]

Davita 3603 Magnolia Dialysis

 

210 E. Spillman St.

  Gonzales   LA   70737   [DELETED]   [DELETED]

Dialysis Systems of Hammond—Davita

 

15799 Professional Plaza

 

Hammond
  LA   70403   [DELETED]   [DELETED]

Davita 2294 Marrero Dialysis Center

 

1908 Jutland Dr

  Harvey   LA   70058   [DELETED]   [DELETED]

Independent Renal Center—Davita

 

12392 Highway 40

  Independence   LA   70443   [DELETED]   [DELETED]

Davita 2605 Kenner

 

720 Village Rd

  Kenner   LA   70065   [DELETED]   [DELETED]

Davita Kenner Regional Dialysis Center

 

200 W. Esplanade Ave Ste 100

 

Kenner
  LA   70065   [DELETED]   [DELETED]

Davita River Parish Dialysis Center #2231

 

2880 West Airline Highway

 

La Place
  LA   70068   [DELETED]   [DELETED]

Davita 3535 Lake Charles Southwest Dialysis

 

433 Dr Michael Debakey Dr Ste 184

 



Lake Charles
 



LA
  70601   [DELETED]   [DELETED]

Davita 6318 Lake Charles Southwest At Home Dialysis

 

433 Dr Michael Debakey Dr Ste 184

 



Lake Charles
 



LA
  70601   [DELETED]   [DELETED]

Davita River Bend Dialysis #5538

 

1057 Paul Maillard Rd

  Luling   LA   70070   [DELETED]   [DELETED]

Davita Metairie Dialysis Center #2117

 

7100 Airline Drive

 

Metairie
  LA   70003   [DELETED]   [DELETED]

Davita 6274 Monroe North At Home Dialysis

 

2344 Sterlington Rd

 

Monroe
  LA   71203   [DELETED]   [DELETED]

Da Vita Fleur De Lis Dialysis Ctr

 

5555 Bullard Ave Ste 110

  New Orleans   LA   70128   [DELETED]   [DELETED]

Davita—Crescent City Dialysis

 

3909 Bienville St. Suite 1b

  New Orleans   LA   70119   [DELETED]   [DELETED]

Davita—Westbank Chronic Renal Center #630

 

3631 Behrman Pl

 

New Orleans
  LA   70114   [DELETED]   [DELETED]

Davita 2480 Fleur De Lis Dialysis Center

 

5555 Bullard Ave Ste 110

 

New Orleans
  LA   70128   [DELETED]   [DELETED]

Davita New Orleans Uptown #2038

 

1401 Foucher Street, 4th Floor

  New Orleans   LA   70115   [DELETED]   [DELETED]

Davita Westbank At Home #5928

 

3631 Behrman Pl

  New Orleans   LA   70114   [DELETED]   [DELETED]

 

Page 42 of 66


Member Name

 

Member Street

  Member
City
  Member
State
  Member
ZIP
  [DELETED]   [DELETED]

Memorial Dialysis Center

 

4427 South Robertson Street

  New
Orleans
 

LA
 

70115
  [DELETED]   [DELETED]

Davita 6183 Shreveport Hhd Center

 

1560 Irvine Pl

  Shreveport   LA   71101   [DELETED]   [DELETED]

Davita Red River Dialysis Center #4451

 

9205 Linwood Ave

 

Shreveport
  LA   71106   [DELETED]   [DELETED]

Davita—Northshore Kidney Care

 

106 Medical Center Drive, Suite 101

  Slidell   LA   70461   [DELETED]   [DELETED]

Davita 6248 Slidell Kidney Care At Home

 

1150 Robert Blvd Ste 240

 

Slidell
  LA   70458   [DELETED]   [DELETED]

Slidell Kidney Care

 

1150 Robert Boulevard, Suite 240

  Slidell   LA   70458   [DELETED]   [DELETED]

Davita 3537 Sulphur

 

944 Beglis Pkwy

  Sulphur   LA   70663   [DELETED]   [DELETED]

Davita Oakwood Dialysis Center #2032

 

148 Hector Avenue

 

Terrytown
  LA   70056   [DELETED]   [DELETED]

Davita 3035 Boston

 

660 Harrison Ave Fl First

  Boston   MA   2118   [DELETED]   [DELETED]

Davita 3056 Brookline

 

322 Washington Street

  Brookline   MA   2445   [DELETED]   [DELETED]

Davita 3573 Burlington Dialysis

 

41 Mall Rd

  Burlington   MA   1805   [DELETED]   [DELETED]

Davita 3238 Northeast Cambridge

 

799 Concord Avenue, First Floor

  Cambridge   MA   2138   [DELETED]   [DELETED]

Davita 3242 Weymouth

 

330 Libbey Industrial Pkwy

  East
Weymouth
 

MA
 

2189
  [DELETED]   [DELETED]

Physicians Dialysis, Inc.—Fitchburg

 

551 Electric Avenue

  Fitchburg   MA   1420   [DELETED]   [DELETED]

Davita—Wellington Circle At Home

 

10 Cabot Rd Ste 103b

  Medford   MA   2155   [DELETED]   [DELETED]

Davita—Wellington Dialysis

 

10 Cabot Road, Suiet 103 B.

  Medford   MA   2155   [DELETED]   [DELETED]

Davita—New Bedford At Home

 

524 Union Street

  New
Bedford
 

MA
 

2740
  [DELETED]   [DELETED]

Davita 3239 New Bedford

 

524 Union St.

  New
Bedford
 

MA
 

2740
  [DELETED]   [DELETED]

Davita 3313 Salem Northeast

 

10 Colonial Road, Suite 205

  Salem   MA   1970   [DELETED]   [DELETED]

Davita Wellsley Dialysis

 

195 Worchester Street

  Wellesley   MA   2481   [DELETED]   [DELETED]

Davita 3243 Woburn

 

23 Warren Ave

  Woburn   MA   1801   [DELETED]   [DELETED]

Davita #1651 Worcester Dialysis Center

 

19 Glennie St. Ste A

 

Worcester
  MA   1605   [DELETED]   [DELETED]

Davita Aberdeen

 

780 W. Bel Air Ave

  Aberdeen   MD   21001   [DELETED]   [DELETED]

Davita Catonsville

 

1581 Sulphur Spring Rd Ste 112

  Arbutus   MD   21227   [DELETED]   [DELETED]

Bertha Sirk Dialysis Center, Inc.

 

5820 York Road, Suite 10

  Baltimore   MD   21212   [DELETED]   [DELETED]

Davita Mercy Dialysis

 

315 N. Calvert St. Ste 300

  Baltimore   MD   21202   [DELETED]   [DELETED]

Davita #3369 Baltimore Geriatric

 

4940 Eastern Avenue, 5th Floor

  Baltimore   MD   21224   [DELETED]   [DELETED]

Davita 3262 Jhhs-North Bond St.

 

409 Caroline St.

  Baltimore   MD   21231   [DELETED]   [DELETED]

Davita 3323 J. B. Zachary

 

333 Cassell Dr Ste 2300

  Baltimore   MD   21224   [DELETED]   [DELETED]

Davita 3324 Whitesquare

 

1 Nashua Court, Suite E.

  Baltimore   MD   21221   [DELETED]   [DELETED]

Davita 3325 25th Street

 

920 East 25th Street

  Baltimore   MD   21218   [DELETED]   [DELETED]

Davita 3367 Howard Street

 

22 South Howard Street

  Baltimore   MD   21201   [DELETED]   [DELETED]

Davita Carroll County Acutes #1019-2 Dialysis

 

1585 Sulphur Spring Road, Suite 107

 



Baltimore
 



MD
  21227   [DELETED]   [DELETED]

Davita Downtown Dialysis Center

 

821 N. Eutaw St. Ste 401

  Baltimore   MD   21201   [DELETED]   [DELETED]

Davita Greenspring Dialysis Center

 

4701 Mount Hope Drive, Suite C

  Baltimore   MD   21215   [DELETED]   [DELETED]

Davita Seton Drive Dialysis

 

4800 Seton Drive

  Baltimore   MD   21215   [DELETED]   [DELETED]

Harford Road Dialysis Center

 

5800 Harford Rd

  Baltimore   MD   21214   [DELETED]   [DELETED]

Jb Zachary At Home

 

333 Cassell Drive, Suite 2300

  Baltimore   MD   21224   [DELETED]   [DELETED]

Davita 3336 Bel Air

 

2225 Old Emmorton Road, Suite 105

 

Bel Air
 

MD
  21015   [DELETED]   [DELETED]

Davita Calverton Dialysis Center #2499

 

4780 Corridor Pl Ste C

 

Beltsville
  MD   20705   [DELETED]   [DELETED]

Davita #0811 Berlin

 

314 Franklin Ave Ste 306

  Berlin   MD   21811   [DELETED]   [DELETED]

Renal Care of Bowie

 

4861 Telsa Drive, Suite H

  Bowie   MD   20715   [DELETED]   [DELETED]

Davita

 

111 Cherry Hl Road Harbor Park W.

  Brooklyn   MD   21225   [DELETED]   [DELETED]

Davita #2043

 

300 Bryn Street, First Floor

  Cambridge   MD   21613   [DELETED]   [DELETED]

Davita 2513 North Rolling Road Dialysis

 

1108 N. Rolling Rd

 

Catonsville
  MD   21228   [DELETED]   [DELETED]

Rtc Chestertown

 

100 Brown Street

  Chestertown   MD   21620   [DELETED]   [DELETED]

Davita 3076 Gwu-Clinton

 

10401 Hospital Drive, Suite G-02

  Clinton   MD   20735   [DELETED]   [DELETED]

Davita 3704 Southern Maryland

 

9211 Stuart Ln

  Clinton   MD   20735   [DELETED]   [DELETED]

Davita 3636 Cedar Lane

 

6334 Cedar Ln Ste 101

  Columbia   MD   21044   [DELETED]   [DELETED]

Davita Howard County

 

5999 Harpers Farm Road, Suite E-110

 

Columbia
 

MD
  21044   [DELETED]   [DELETED]

Davita 3452 Dundalk

 

14 Commerce St.

  Dundalk   MD   21222   [DELETED]   [DELETED]

Davita Easton Dialysis

 

402 Marvel Ct

  Easton   MD   21601   [DELETED]   [DELETED]

Davita District Heights Dialysis #4321

 

5701 Silver Hill Rd

 

Forestville
  MD   20747   [DELETED]   [DELETED]

Davita Dialysis 3474-1 Frederick Acutes—Frederick Memorial Hospital

 


400 W. 7th St.

 



Frederick
  MD   21701   [DELETED]   [DELETED]

Davita Frederick At Home

 

140 Thomas Johnson Dr

  Frederick   MD   21702   [DELETED]   [DELETED]

Frederick Dialysis—Davita

 

140 Thomas Johnson Dr Suite 100

  Frederick   MD   21702   [DELETED]   [DELETED]

Davita-Germantown At Home

 

20111 Century Blvd

  Germantown   MD   20874   [DELETED]   [DELETED]

Germantown Dialysis Center #2053

 

20111 Century Boulevard, Suite C

  Germantown   MD   20874   [DELETED]   [DELETED]

 

Page 43 of 66


Member Name

 

Member Street

  Member
City
  Member
State
  Member
ZIP
  [DELETED]   [DELETED]

Davita 3646 Glem Burnie

 

120 Langley Rd N.

  Glen Burnie   MD   21060   [DELETED]   [DELETED]

Davita Washington County Dialysis #2458

 

1136 Opal Ct

 

Hagerstown
  MD   21740   [DELETED]   [DELETED]

Davita Tacoma Park Dialysis Center #1617-1

 

1502 University Blvd E.

 

Hyattsville
  MD   20783   [DELETED]   [DELETED]

Davita—Lanham At Home

 

8855 Annapolis Road, Suite 104

  Lanham   MD   20706   [DELETED]   [DELETED]

Renal Care Management Lanham Dialysis Center

 

8855 Annapolis Road, Suite 200

 

Lanham
  MD   20706   [DELETED]   [DELETED]

Davita # 1578—Kidney Care of Largo

 

1300 Mercantile Lane, Suite 194

 

Largo
  MD   20774   [DELETED]   [DELETED]

Davita 3759 Landover

 

1200 Mercantile Lane, Suite 105

  Largo   MD   20774   [DELETED]   [DELETED]

Davita—Kidney Care Center of Laurel

 

14631 Laurel Bowie Rd Suite 100-105

 



Laurel
 



MD
  20707   [DELETED]   [DELETED]

Davita 3310 Green Springs

 

10753 Falls Road, Suite 115

  Lutherville   MD   21093   [DELETED]   [DELETED]

Davita—Owings Mills

 

10 Cross Road, Suite 110

  Owings Mills   MD   21117   [DELETED]   [DELETED]

Rivertowne Dialysis Center At Oxon Hill

 

6192 Oxon Hill Rd

 

Oxon Hill
  MD   20745   [DELETED]   [DELETED]

Davita 3362 Pasadena

 

8894 Fort Smallwood Road, Suite 12-16

 

Pasadena
 

MD
  21122   [DELETED]   [DELETED]

Pikesville Dialysis Center Davita

 

1500 Reisterstown Road, Suite 220

  Pikesville   MD   21208   [DELETED]   [DELETED]

Davita Baltimore County Dialysis

 

9635 Liberty Rd Ste A

  Randallstown   MD   21133   [DELETED]   [DELETED]

Davita #0812 Rockville

 

14915 Broschart Road, Suite 100

  Rockville   MD   20850   [DELETED]   [DELETED]

Davita 3292 Silver Spring

 

8412 Georgia Ave

  Silver Spring   MD   20910   [DELETED]   [DELETED]

Renal Care Management

 

831 University Boulevard Suite 11

  Silver
Springs
 

MD
 

20903
  [DELETED]   [DELETED]

Davita #0562 Dulaney Towson Dialysis Center

 

113 West Rd Ste 201

 

Towson
  MD   21204   [DELETED]   [DELETED]

Davita—Carroll County Dialysis Facility

 

412 Malcolm Drive, Suite 310

 

Westminster
  MD   21157   [DELETED]   [DELETED]

Davita Wheaton Dialysis

 

11941 Georgia Avenue, Wheaton Park Shopping Center

 

Wheaton
 

MD
  20902   [DELETED]   [DELETED]

Davita Kidney Home (Home Options and Medical Education-Pd) #1975

 

2245 Rolling Run Dr Ste 4

 

Windsor Mill
  MD   21244   [DELETED]   [DELETED]

Davita Northwest Dialysis Center #2250

 

2245 Rolling Run Dr Ste 1

 

Windsor Mill
  MD   21244   [DELETED]   [DELETED]

Davita- Kidney Home (Home Options and Med Education) Dialysis #5981

 


2245 Rolling Run Dr Ste 3

 



Windsor Mill
  MD   21244   [DELETED]   [DELETED]

Davita Down River Dialysis Center #1680

 

5600 Allen Road

 

Allen Park
  MI   48101   [DELETED]   [DELETED]

Davita Battle Creek Dialysis

 

220 Goodale Avenue East

  Battle Creek   MI   49037   [DELETED]   [DELETED]

Davita Michigan Kidney Center—Brighton

 

7960 West Grand River, Suite 210

 

Brighton
  MI   48114   [DELETED]   [DELETED]

Davita Burton Dialysis Center # 4415

 

4015 Davison Rd

  Burton   MI   48509   [DELETED]   [DELETED]

Davita Chelsea Dialysis

 

1620 Commerce Park Drive, Suite 200

 

Chelsea
 

MI
  48118   [DELETED]   [DELETED]

Davita #0152 Clarkston Dialysis

 

6770 Dixie Highway, Suite 205

  Clarkston   MI   48346   [DELETED]   [DELETED]

Davita Clinton Township At Home #6232

 

15918 Nineteen Mile Rd. Suite 110

 

Clinton
Township
 

MI
 

48038
  [DELETED]   [DELETED]

Davita Commerce Township Dialysis Center

 

120 W. Commerce Road

 

Commerce
Township
 

MI
 

48382
  [DELETED]   [DELETED]

Davison Dialysis Center

 

1011 South State Road

  Davison   MI   48423   [DELETED]   [DELETED]

Davita #2160 East Dearborn Dialysis Center

 

13200 West Warren Avenue

 

Dearborn
  MI   48126   [DELETED]   [DELETED]

Davita 4018 Dearborn-Fka Oakwood

 

1185 Monroe

  Dearborn   MI   48124   [DELETED]   [DELETED]

Davita Dearborn At Home Dialysis #3989

 

22030 Park St.

 

Dearborn
  MI   48124   [DELETED]   [DELETED]

Davita—Detroit Dialysis

 

2674 East Jefferson

  Detroit   MI   48207   [DELETED]   [DELETED]

Davita 3426 Detroit Downtown

 

18100 Schaefer Hwy

  Detroit   MI   48235   [DELETED]   [DELETED]

Davita 3427 Detroit Redford

 

22711 Grand River Ave

  Detroit   MI   48219   [DELETED]   [DELETED]

Davita 3428 Detroit Kresge

 

4145 Cass Ave

  Detroit   MI   48201   [DELETED]   [DELETED]

Davita 3429 Motor City Dialysis

 

4160 John R. St. Ste 724

  Detroit   MI   48201   [DELETED]   [DELETED]

Davita Dialysis—Detroit

 

6150 Cadieux Road

  Detroit   MI   48224   [DELETED]   [DELETED]

Davita Motor City Dialysis #3429-1

 

4727 St. Antoine St. Ste 101

  Detroit   MI   48201   [DELETED]   [DELETED]

Davita- Grosse Pointe Dialysis

 

18000 East Warren Avenue, Suite 100

 

Detroit
 

MI
  48222   [DELETED]   [DELETED]

New Center Dialysis, P.C.

 

3011 West Grand Boulevard, Suite 650

 

Detroit
 

MI
  48202   [DELETED]   [DELETED]

Davita 6207 Lansing At Home

 

1675 Watertower Pl Suite 700

  East Lansing   MI   48823   [DELETED]   [DELETED]

Davita—Fenton Dialysis

 

17420 Silver Parkway

  Fenton   MI   48430   [DELETED]   [DELETED]

Davita—Flint Dialysis Center #1557

 

2 Hurley Plaza, Suite 115

  Flint   MI   48503   [DELETED]   [DELETED]

Davita Ballenger Pointe #2104

 

2262 South Ballenger Highway

  Flint   MI   48503   [DELETED]   [DELETED]

 

Page 44 of 66


Member Name

 

Member Street

  Member
City
  Member
State
  Member
ZIP
  [DELETED]   [DELETED]

Davita Ballenger Pointe At Home #6011

 

2262 South Ballenger Highway

 

Flint
  MI   48503   [DELETED]   [DELETED]

Hallwood Dialysis Center #1558

 

4929 Clio Road, Suite B.

  Flint   MI   48504   [DELETED]   [DELETED]

Park Plaza Dialysis Center

 

G-1075 North Ballenger Highway

  Flint   MI   48504   [DELETED]   [DELETED]

Davita #0298 Flushing Dialysis

 

3469 Pierson Pl Ste A

  Flushing   MI   48433   [DELETED]   [DELETED]

Davita 3634 Newaygo County

 

1317 W. Main St.

  Fremont   MI   49412   [DELETED]   [DELETED]

Davita Grand Blanc Dialysis

 

3625 Genesys Parkway

  Grand Blanc   MI   48439   [DELETED]   [DELETED]

Davita Grand Haven

 

16964 Robbins Road

  Grand
Haven
 

MI
 

49417
  [DELETED]   [DELETED]

Davita—Grand Rapids

 

801 Cherry St. Se

  Grand
Rapids
 

MI
 

49506
  [DELETED]   [DELETED]

Davita—Grand Rapids At Home

 

801 Cherry Street Southeast, 2nd Floor

 

Grand
Rapids
 



MI
 



49506
  [DELETED]   [DELETED]

Davita Grand Rapids East

 

1230 Ekhart Street Northeast

  Grand
Rapids
 

MI
 

49503
  [DELETED]   [DELETED]

Davita Dialysis—Highland Park

 

64 Victor Street

  Highland
Park
 

MI
 

48203
  [DELETED]   [DELETED]

Davita State Fair Dialysis #1592

 

19800 Woodward Ave

  Highland
Park
 

MI
 

48203
  [DELETED]   [DELETED]

Davita Ionia Dialysis Center

 

2622 Heartland Boulevard

  Ionnia   MI   48846   [DELETED]   [DELETED]

Davita Jackson Dialysis Center

 

234 West Louis Glick Highway

  Jackson   MI   49201   [DELETED]   [DELETED]

Davita Kalamazoo Central

 

535 S. Burdick, Suite 110

  Kalamazoo   MI   49007   [DELETED]   [DELETED]

Davita Kalamazoo West #2287

 

1040 N. 10th Street

  Kalamazoo   MI   49009   [DELETED]   [DELETED]

Davita- Kalamazoo Home Hemo #6195

 

1040 North 10th Street

 

Kalamazoo
  MI   49009   [DELETED]   [DELETED]

Davita 3071 Ludington

 

5 N. Atkinson Dr Ste 101

  Ludington   MI   49431   [DELETED]   [DELETED]

Davita 3069 Muskegon

 

1277 Mercy Dr

  Muskegon   MI   49444   [DELETED]   [DELETED]

Davita 6314 Muskegon At Home

 

1277 Mercy Dr.

  Muskegon   MI   49444   [DELETED]   [DELETED]

Novi Kidney Center

 

47250 West Ten Mile Road

  Novi   MI   48374   [DELETED]   [DELETED]

Oak Park Dialysis Center #369, Parkwood Plaza

 

13481 West Ten Mile Road

 

Oak Park
  MI   48237   [DELETED]   [DELETED]

Davita North Oakland Dialysis Facility

 

450 N. Telegraph Rd Suite 600

 

Pontiac
  MI   48341   [DELETED]   [DELETED]

Davita- North Oakland Medical Center # 1066-1 Dialysis-Acute

 

461 W. Huron St. Rm 509

 

Pontiac
  MI   48341   [DELETED]   [DELETED]

Davita Rochester Hills Dialysis Center #2105

 

1886 W. Auburn Rd Ste 100

 

Rochester
Hills
 

MI
 

48309
  [DELETED]   [DELETED]

Davita 3561 Romulus

 

31470 Ecorse Rd

  Romulus   MI   48174   [DELETED]   [DELETED]

Saginaw Dialysis Clinic

 

1527 East Genesee

  Saginaw   MI   48607   [DELETED]   [DELETED]

Davita #2464

 

24467 W. 10 Mile Rd

  Southfield   MI   48033   [DELETED]   [DELETED]

Davita 3507 Southfield

 

18544 Eight Mile Road

  Southfield   MI   48075   [DELETED]   [DELETED]

Davita Cornerstone Dialysis At Home #6004

 

23857 Greenfield Road

 

Southfield
  MI   48075   [DELETED]   [DELETED]

Southfield Dialysis Center #329

 

23857 Greenfield Rd

  Southfield   MI   48075   [DELETED]   [DELETED]

Southfield West Dialysis Center #295

 

21900 Melrose, Southfield Tech Center, Building #2

 

Southfield
 

MI
  48075   [DELETED]   [DELETED]

Davita 4219 Southgate

 

14752 Northline Rd

  Southgate   MI   48195   [DELETED]   [DELETED]

Macomb Kidney Center of Davita #326

 

28295 Schoenherr Road, Suite A

 

Warren
  MI   48088   [DELETED]   [DELETED]

Davita Waterford Tel Huron Dialysis #2463

 

225 Summit Dr

 

Waterford
  MI   48328   [DELETED]   [DELETED]

Davita West Bloomfield #0297

 

6010 W. Maple Rd Ste 215

  West
Bloomfield
 

MI
 

48322
  [DELETED]   [DELETED]

Davita West Bloomfield At Home #5943

 

6010 W. Maple Rd Ste 215

 

West
Bloomfield
 

MI
 

48322
  [DELETED]   [DELETED]

Davita 4214 Westland

 

5715 N. Venoy Rd

  Westland   MI   48185   [DELETED]   [DELETED]

Davita Westland Dialysis Center #2102

 

36585 Ford Road

 

Westland
  MI   48185   [DELETED]   [DELETED]

Davita Ypsilanti At Home

 

2766 Washtenaw Rd

  Ypsilanti   MI   48197   [DELETED]   [DELETED]

Ypsilanti Dialysis Center -Davita

 

2766 Washtenaw, Washetenaw Fountain Plaza

 

Ypsilanti
 

MI
  48197   [DELETED]   [DELETED]

Davita—Arden Hills Dialysis

 

3900 Northwoods Drive, Suite 110

  Arden Hills   MN   55112   [DELETED]   [DELETED]

Davita

 

8591 Lyndale Avenue South

  Bloomington   MN   55420   [DELETED]   [DELETED]

Davita Burnsville Dialysis

 

501 East Nicollet, Suite 150

  Burnsville   MN   55337   [DELETED]   [DELETED]

Davita Cass Lake Dialysis

 

602 Grand Utley Street

  Cass Lake   MN   56633   [DELETED]   [DELETED]

Davita Cottage Grove Dialysis

 

8800 East Point Douglas Road, Suite 100

 

Cottage
Grove
 



MN
 



55016
  [DELETED]   [DELETED]

Davita Dialysis Eagan #2041

 

2750 Blue Water Road, Suite 300

  Eagan   MN   55121   [DELETED]   [DELETED]

Eden Prairie Dialysis Center #2042

 

14852 Scenic Heights Road, Suite 255

 

Eden Prairie
 

MN
  55344   [DELETED]   [DELETED]

Davita #0215 Faribault Dialysis

 

201 S. Lyndale Ave Ste F.

  Faribault   MN   55021   [DELETED]   [DELETED]

 

Page 45 of 66


Member Name

 

Member Street

  Member
City
  Member
State
  Member
ZIP
  [DELETED]   [DELETED]

Davita—Forest Lake Dialysis Unit

 

1068 South Lake Street

  Forest Lake   MN   55025   [DELETED]   [DELETED]

Davita-Fridley Dialysis

 

5301 East River Road , Suite 117

  Fridley   MN   55421   [DELETED]   [DELETED]

Davita #1964—Maple Grove Pd At Home Dialysis

 

15655 Grove Cir N.

 

Maple
Grove
 

MN
 

55369
  [DELETED]   [DELETED]

Davita 2479 Maple Grove Dialsis

 

15655 Grove Cir N.

  Maple
Grove
 

MN
 

55369
  [DELETED]   [DELETED]

Maplewood Dialysis Davita

 

2785 White Bear Avenue

  Maplewood   MN   55109   [DELETED]   [DELETED]

Marshall Dialysis of Total Renal Care

 

300 South Bruce Street

  Marshall   MN   56258   [DELETED]   [DELETED]

Davita # 0207 Minneapolis Dialysis Center

 

825 South 8th Street, Suite Sl42

 

Minneapolis
  MN   55404   [DELETED]   [DELETED]

Davita #0205

 

6550 York Avenue South, Suite 100

  Minneapolis   MN   55435   [DELETED]   [DELETED]

Davita—North Central Acute Dialysis # 224

 

901 S. 6th St. Suite R7100

 

Minneapolis
  MN   55415   [DELETED]   [DELETED]

Davita Coon Rapids Dialysis

 

3960 Coon Rapids Blvd Nw Ste 309

  Minneapolis   MN   55433   [DELETED]   [DELETED]

Davita Home Dialysis

 

825 South Eighth Street, Suite 1224

  Minneapolis   MN   55404   [DELETED]   [DELETED]

Davita Uptown Dialysis

 

3601 Lyndale Avenue S.

  Minneapolis   MN   55409   [DELETED]   [DELETED]

Davita-North Memorial Apheresis #227-14-Acute

 

3300 Oakdale Ave N.

 

Minneapolis
  MN   55422   [DELETED]   [DELETED]

Minneapolis North East Hennepin Dialysis

 

1049 10th Avenue South East

 

Minneapolis
  MN   55414   [DELETED]   [DELETED]

Davita Minnetonka Dialysis Unit

 

17809 Hutchins Drive

  Minnetonka   MN   55345   [DELETED]   [DELETED]

Montevideo Dialysis Davita

 

824 North 11th Street

  Montevideo   MN   56265   [DELETED]   [DELETED]

New Hope Dialysis Center #2200

 

5640 International Parkway

  New Hope   MN   55428   [DELETED]   [DELETED]

Davita Pine City Dialysis

 

129 East 6th Avenue

  Pine City   MN   55063   [DELETED]   [DELETED]

Davita—Pipestone Dialysis Center

 

911 5th Ave Sw

  Pipestone   MN   56164   [DELETED]   [DELETED]

Red Wing Dialysis Center

 

3028 North Service Drive

  Red Wing   MN   55066   [DELETED]   [DELETED]

Redwood Falls Dialysis Davita

 

100 Fallwood Road

  Redwood
Falls
 

MN
 

56283
  [DELETED]   [DELETED]

Davita Richfield Dialysis Center #2175

 

6601 Lyndale Avenue, Suite 150

 

Richfield
  MN   55423   [DELETED]   [DELETED]

Davita Richfield Pd Program #2232

 

6601 Lyndale Avenue, Suite 150

  Richfield   MN   55423   [DELETED]   [DELETED]

Davita North Memorial Health Care #226-1

 

3300 Oakdale Ave N.

 

Robbinsdale
  MN   55422   [DELETED]   [DELETED]

Davita Scott County

 

7456 South Park Drive

  Savage   MN   55378   [DELETED]   [DELETED]

Davita St. Louis Park Pd

 

3505 Louisiana Avenue

  St. Louis   MN   55426   [DELETED]   [DELETED]

Davita St. Louis Park Dialysis

 

3505 Louisiana Ave S.

  St. Louis
Park
 

MN
 

55426
  [DELETED]   [DELETED]

Davita Westwood Hills #2428

 

7525 Wayzata Blvd

  St. Louis
Park
 

MN
 

55426
  [DELETED]   [DELETED]

Davita 5996 University Unit Riverside At Home

 

1045 Westgate Dr Ste 90

 

St. Paul
  MN   55114   [DELETED]   [DELETED]

Davita Capital Dialysis

 

555 Park Street, Suite 230

  St. Paul   MN   55103   [DELETED]   [DELETED]

Davita Capitol Pd Program #1748 Dba: Capitol Home Dialysis

 

555 Park Street, Suite 110

 

St. Paul
  MN   55103   [DELETED]   [DELETED]

Davita Highland Park Dialysis

 

1559 7th St. W.

  St. Paul   MN   55102   [DELETED]   [DELETED]

Davita Home Unit #6009

 

555 Park St. Ste 230a

  St. Paul   MN   55103   [DELETED]   [DELETED]

Davita St. Paul Dialysis

 

555 Park Street, Suite 180

  St. Paul   MN   55103   [DELETED]   [DELETED]

Davita Sun Ray Dialysis Center

 

1758 Old Hudson Rd Suite 100

  St. Paul   MN   55106   [DELETED]   [DELETED]

Davita University Dialysis Center Riverside

 

1045 Westgate Dr Ste 90

 

St. Paul
  MN   55114   [DELETED]   [DELETED]

Davita Woodbury Dialysis

 

1850-3 Weir Drive

  St. Paul   MN   55125   [DELETED]   [DELETED]

River City Dialysis Center

 

1970 Northwestern Avenue North

  Stillwater   MN   55082   [DELETED]   [DELETED]

Regional Kidney Disease Program of Total Renal Care, Dba: West St. Paul Dialysis

 


1555 Livingston

 



West St.
Paul
 

MN
 

55118
  [DELETED]   [DELETED]

Davita 3523 Cameron

 

1003 West 4th Street

  Cameron   MO   64429   [DELETED]   [DELETED]

Davita Dialysis St. Louis Acutes—St. Lukes Rehab Hospital #1103-4

 

14709 Olive Blvd

 

Chesterfield
  MO   63017   [DELETED]   [DELETED]

Davita 3525 Chillicothe

 

588 E. Business 36

  Chillicothe   MO   64601   [DELETED]   [DELETED]

Davita Columbia At Home

 

1701 E. Broadway, Suite G102

  Columbia   MO   65201   [DELETED]   [DELETED]

Davita Columbia Dialysis Center #2136

 

1701 East Broadway Suite G102

 

Columbia
  MO   65201   [DELETED]   [DELETED]

Crestwood Dialysis Center #1576

 

9901 Watson Road, Suite 125

  Crestwood   MO   63126   [DELETED]   [DELETED]

Davita 3465 St. Louis West Pd Dialysis

 

450 N. Lindbergh Blvd Suite 100c

 

Creve
Coeur
 

MO
 

63141
  [DELETED]   [DELETED]

Davita Crystal City Dialysis

 

Highway 61 South and I. 55

  Crystal City   MO   63019   [DELETED]   [DELETED]

Davita Dexter Dialysis Center #4447

 

2010 N. Outer Rd

  Dexter   MO   63841   [DELETED]   [DELETED]

Davita Eureka Dialysis Center #2445

 

419 Meramec Blvd

  Eureka   MO   63025   [DELETED]   [DELETED]

Davita Maple Valley Plaza Dialysis Center #5010

 

649 Maple Valley Dr Bldg G.

 

Farmington
  MO   63640   [DELETED]   [DELETED]

Davita—North St. Louise County Dialysis Center

 

13119 New Halls Ferry Road

 

Florissant
  MO   63033   [DELETED]   [DELETED]

 

Page 46 of 66


Member Name

 

Member Street

  Member
City
  Member
State
  Member
ZIP
  [DELETED]   [DELETED]

Davita 3279 Florissant

 

11687 West Florissant

  Florissant   MO   63033   [DELETED]   [DELETED]

Davita North St. Louis County At Home #5938

 

13119 New Halls Ferry Rd

 

Florissant
  MO   63033   [DELETED]   [DELETED]

Davita Hannibal At Home #5947

 

3140 Palmyra Rd

  Hannibal   MO   63401   [DELETED]   [DELETED]

Davita Hannibal Dialysis #5518

 

3140 Palmyra Rd

  Hannibal   MO   63401   [DELETED]   [DELETED]

Davita 3499 Hazelwood

 

637 Dunn Road, Suite 125

  Hazelwood   MO   63042   [DELETED]   [DELETED]

Davita—Eastland Dialysis Center

 

19101 East Valley View Pkwy., Suite E.

 

Independence
 

MO
  64055   [DELETED]   [DELETED]

Davita 3202 Hospital Hill

 

2250 Holmes

  Kansas City   MO   64108   [DELETED]   [DELETED]

Davita 3591 Platte Woods

 

7667 Northwest Prairie View Road

  Kansas City   MO   64151   [DELETED]   [DELETED]

Davita Timberlake Dialysis

 

12110 Holmes Rd

  Kansas City   MO   64145   [DELETED]   [DELETED]

Hope Again Dialysis

 

1207 State Route V.V.

  Kennett   MO   63857   [DELETED]   [DELETED]

Davita #5964 At Home

 

202 Brevco Plz

  Lake St.
Louis
 

MO
 

63367
  [DELETED]   [DELETED]

Davita 3516 Lake St. Louis

 

201 Brevco Plz

  Lake St.
Louis
 

MO
 

63367
  [DELETED]   [DELETED]

Davita 3504 Liberty Dialysis Center

 

2525 Glenn Hendren Drive

  Liberty   MO   64068   [DELETED]   [DELETED]

Davita 3531 Nodaway County Dialysis

 

2613 South Main

 

Maryville
  MO   64468   [DELETED]   [DELETED]

Davita Northland

 

2750 Clay Edwards Drive, Suite 100

 

North Kansas
City
 



MO
 



64116
  [DELETED]   [DELETED]

Davita Northland At Home

 

2750 Clay Edwards Drive, Suite 504

 

North Kansas
City
 



MO
 



64116
  [DELETED]   [DELETED]

Davita Waterbury Dialysis #4463

 

929 Waterbury Falls Dr

  O Fallon   MO   63368   [DELETED]   [DELETED]

Davita—Bluff City Dialysis

 

2400 Lucy Lee Parkway, Suite E.

  Poplar Bluff   MO   63901   [DELETED]   [DELETED]

Davita- Bluff City At Home Dialysis #5978

 

2400 Lucy Lee Pkwy Ste E.

 

Poplar Bluff
  MO   63901   [DELETED]   [DELETED]

Davita Riverside Reprocessing #3674

 

410 Nw Business Park Ln

  Riverside   MO   64150   [DELETED]   [DELETED]

Davita-Kansas City Mo, Acutes #3635-1 Dialysis

 

408 Nw Business Park Ln

 

Riverside
  MO   64150   [DELETED]   [DELETED]

Davita 3115 Rolla

 

1503 East 10th Street

  Rolla   MO   65401   [DELETED]   [DELETED]

Davita 3335 St. Charles

 

2125 Bluestone Dr

  St. Charles   MO   63303   [DELETED]   [DELETED]

Davita 3536 St. Joseph

 

5514 Corporate Drive, Suite 100

  St. Joseph   MO   64507   [DELETED]   [DELETED]

Davita St. Joseph At Home

 

5514 Corporate Drive, Suite 100

  St. Joseph   MO   64507   [DELETED]   [DELETED]

Davita—Lamplighter Dialysis Center #2051

 

12654 Lamplighter Square

 

St. Louis
  MO   63128   [DELETED]   [DELETED]

Davita 3386 Shrewsbury

 

7435 Watson Road, Suite 119

  St. Louis   MO   63119   [DELETED]   [DELETED]

Davita 3418 Washington Univ Jv

 

400 North Lindbergh Boulevard

  St. Louis   MO   63141   [DELETED]   [DELETED]

Davita 3475 St. Louis Washington Univ

 

324 Debaliveire Avenue

 

St. Louis
  MO   63112   [DELETED]   [DELETED]

Davita Dialysis—Missouri Acute Program #459

 

9700 Mackenzie Rd Ste 225

 

St. Louis
  MO   63123   [DELETED]   [DELETED]

Davita Dialysis Missouri Acute-Kindred Hospital #459-25

 

4930 Lindell Blvd

 

St. Louis
  MO   63108   [DELETED]   [DELETED]

Davita Hampton Dialysis #2025.

 

1425 Hampton Avenue

  St. Louis   MO   63139   [DELETED]   [DELETED]

Davita St. Louis West At Home Dialysis

 

450 N. Lindberg Blvd Ste 100c

 

St. Louis
  MO   63141   [DELETED]   [DELETED]

Davita Villa of St. John Dialysis Center #4468

 

9030 St. Charles Rock Rd

 

St. Louis
  MO   63114   [DELETED]   [DELETED]

Davita-South County Dialysis

 

4145 Union Road

  St. Louis   MO   63129   [DELETED]   [DELETED]

Renal Treatment Center—St. Louis

 

2610 Clark Avenue

  St. Louis   MO   63103   [DELETED]   [DELETED]

Davita- South County Deaconess At Home

 

4145 Union Road

 

St. Louise
  MO   63129   [DELETED]   [DELETED]

Davita 3589 St. Peters

 

300 First Executive Avenue, Suite A

 

St. Peters
 

MO
  63376   [DELETED]   [DELETED]

Davita 3278 Washington

 

1112 Washington Square

  Washington   MO   63090   [DELETED]   [DELETED]

Davita Villa of Wentzville #4461

 

1126 W. Pearce Blvd Ste 118

  Wentzville   MO   63385   [DELETED]   [DELETED]

Davita 2625 Lucedale

 

652 Manilla St.

  Lucedale   MS   39452   [DELETED]   [DELETED]

Davita Ocean Springs At Home #6269

 

13150 Ponce De Leon

 

Ocean
Springs
 

MS
 

39564
  [DELETED]   [DELETED]

Davita Ocean Springs Dialysis

 

13150 Ponce De Leon

  Ocean
Springs
 

MS
 

39564
  [DELETED]   [DELETED]

Davita Ocean Springs Dialysis

 

12 Marks Road

  Ocean
Springs
 

MS
 

39564
  [DELETED]   [DELETED]

Davita

 

4907 Telephone Rd

  Pascagoula   MS   39567   [DELETED]   [DELETED]

Davita Ahoskie Dialysis

 

129 Hertford County High Road

  Ahoskie   NC   27910   [DELETED]   [DELETED]

Davita 1057-3 Asheville Acute Warehouse Dialysis

 

400 Ridgefield Ct Suite 101

 

Asheville
  NC   28806   [DELETED]   [DELETED]

Davita 6134 Asheville Kidney At Home

 

1600 Centerpark Dr

 

Asheville
  NC   28805   [DELETED]   [DELETED]

Davita Asheville Kidney Center

 

1600 Centrepark Drive

  Asheville   NC   28805   [DELETED]   [DELETED]

Davita Asheville Kidney Center

 

1600 Centrepark Drive

  Asheville   NC   28805   [DELETED]   [DELETED]

 

Page 47 of 66


Member Name

 

Member Street

  Member City   Member
State
  Member
ZIP
  [DELETED]   [DELETED]

Davita Montgomery Dialysis Center #578

 

323 West Main Street

 

Biscoe
  NC   27209   [DELETED]   [DELETED]

Davita #0589 Burgaw Dialysis Center

 

704 South Dickerson St.

 

Burgaw
  NC   28425   [DELETED]   [DELETED]

Davita #0944 Burlington Dialysis Center

 

873 Heather Rd

 

Burlington
  NC   27215   [DELETED]   [DELETED]

Davita Burlington At Home Dialysis #5958

 

873 Heather Rd

 

Burlington
  NC   27215   [DELETED]   [DELETED]

Davita Carthage Dialysis Center #4493

 

165 Savannah Garden Dr

 

Carthage
  NC   28327   [DELETED]   [DELETED]

Chadbourn Dialysis Center

 

210 East Strawberry Boulevard

  Chadbourn   NC   28431   [DELETED]   [DELETED]

Charlotte At Home # 6045

 

2321 West Morehead Street

  Charlotte   NC   28208   [DELETED]   [DELETED]

Davita

 

2321 W. Morehead St. Ste 102

  Charlotte   NC   28208   [DELETED]   [DELETED]

Davita 3568 Charlotte East

 

3204 North Sharon Amity Road

  Charlotte   NC   28205   [DELETED]   [DELETED]

Davita 3934 South Charlotte

 

6450 Bannington Rd

  Charlotte   NC   28226   [DELETED]   [DELETED]

Davita 3944 North Charlotte Dialysis

 

6620 Old Statesville Rd

  Charlotte   NC   28269   [DELETED]   [DELETED]

Davita—Cherokee Dialysis Center

 

53 Echota Church Road

  Cherokee   NC   28719   [DELETED]   [DELETED]

Davita—Waynesville Dialysis Center #2000

 

11 Park Terrace Drive

 

Clyde
  NC   28721   [DELETED]   [DELETED]

Davita—Copperfield Dialysis Center #2004

 

1030 Vinehaven Drive

 

Concord
  NC   28025   [DELETED]   [DELETED]

Davita Harrisburg Dialysis Center #4431

 

3310 Perry St.

 

Concord
  NC   28027   [DELETED]   [DELETED]

Davita -Durham West At Home

 

4307 Western Park Pl Suite 101

  Durham   NC   27705   [DELETED]   [DELETED]

Davita 3024 Durham

 

601 Fayetteville St.

  Durham   NC   27701   [DELETED]   [DELETED]

Davita 3503 Durham West

 

4307 Western Park Pl

  Durham   NC   27705   [DELETED]   [DELETED]

Dialysis Care of Rockingham County

 

251 West King’s Highway

  Eden   NC   27288   [DELETED]   [DELETED]

Davita 3907 Edenton

 

703 Luke St.

  Edenton   NC   27932   [DELETED]   [DELETED]

Davita Albermarle Hospital #2908-1 Dialysis-Acute

 

1144 N. Road St.

 

Elizabeth City
  NC   27909   [DELETED]   [DELETED]

Davita Elizabeth City Dialysis

 

1840 W. City Dr

  Elizabeth City   NC   27909   [DELETED]   [DELETED]

Davita #0590 Elizabethtown

 

101 Dialysis Drive

  Elizabethtown   NC   28337   [DELETED]   [DELETED]

Dialysis Care of Rutherford County

 

226 Commercial Drive

  Forest City   NC   28043   [DELETED]   [DELETED]

Davita 3033 Goldsboro

 

2609 Hospital Rd

  Goldsboro   NC   27534   [DELETED]   [DELETED]

Davita 3207 Goldsboro South

 

1704 Wayne Memorial Dr

  Goldsboro   NC   27534   [DELETED]   [DELETED]

Davita Goldsboro At Home # 6322

 

2609 Hospital Rd

  Goldsboro   NC   27534   [DELETED]   [DELETED]

Dialysis Care of Richmond # 580

 

771 Cheraw Rd

  Hamlet   NC   28345   [DELETED]   [DELETED]

Davita Vance County Dialysis #3906

 

854 S. Beckford Dr

  Henderson   NC   27536   [DELETED]   [DELETED]

Davita Hendersonville Dialysis Center

 

500 Beverly Hanks Ctr

 

Hendersonville
  NC   28792   [DELETED]   [DELETED]

Davita #0591 Jacksonville

 

14 Office Park Dr

  Jacksonville   NC   28546   [DELETED]   [DELETED]

Davita 6246 Sedc Jacksonville At Home Dialysis

 

14 Office Park Dr

 

Jacksonville
  NC   28546   [DELETED]   [DELETED]

Davita—Dialysis Care of Kannapolis At Home

 

1607 North Main Street

 

Kannapolis
  NC   28081   [DELETED]   [DELETED]

Dialysis Care of Kannapolis

 

1607 North Main Street

  Kannapolis   NC   28081   [DELETED]   [DELETED]

Davita #0592

 

305 Beasley St.

  Kenansville   NC   28349   [DELETED]   [DELETED]

Davita—Dialysis Care of Franklin County

 

1706 Highway 39 North

 

Louisburg
  NC   27549   [DELETED]   [DELETED]

Davita # 0409 Madison Dialysis Center

 

302 Highway St. Ste 105

 

Madison
  NC   27025   [DELETED]   [DELETED]

Davita Mcdowell County Dialysis Center

 

100 Spaulding Rd Ste 2

 

Marion
  NC   28752   [DELETED]   [DELETED]

Davita #3953

 

7260 E. Marshville Blvd

  Marshville   NC   28103   [DELETED]   [DELETED]

Davita Union City

 

701 E. Roosevelt Blvd Ste 400

  Monroe   NC   28112   [DELETED]   [DELETED]

Davita 3061 Mount Olive

 

105 Michael Martin Drive

  Mount Olive   NC   28365   [DELETED]   [DELETED]

Davita—Smokey Mountain

 

1611 Andrews Rd

  Murphy   NC   28906   [DELETED]   [DELETED]

Dialysis Care of Moore

 

#16 Regional Drive

  Pinehurst   NC   28374   [DELETED]   [DELETED]

Dialysis Care of Moore County At Home #6006

 

16 Regional Drive

 

Pinehurst
  NC   28374   [DELETED]   [DELETED]

Davita- Dialysis Care of Hoke County

 

403 S. Main St.

 

Raeford
  NC   28376   [DELETED]   [DELETED]

Davita Wake Forest At Home #5944

 

11001 Ingleside Pl

  Raleigh   NC   27614   [DELETED]   [DELETED]

Davita Wake Forest Dialysis Center #4333

 

11001 Ingleside Pl

 

Raleigh
  NC   27614   [DELETED]   [DELETED]

Davita Reidsville #2049

 

1307 Freeway Drive

  Reidsville   NC   27320   [DELETED]   [DELETED]

Davita Reidsville At Home

 

1307 Freeway Drive

  Reidsville   NC   27320   [DELETED]   [DELETED]

Davita 3034 Roxboro

 

718 Ridge Rd

  Roxboro   NC   27573   [DELETED]   [DELETED]

Davita Acute Dialysis #583-1 At Rutherford Hospital

 

288 S. Ridgecrest Ave Floor 2

 

Rutherfordton
  NC   28139   [DELETED]   [DELETED]

Dialysis Care of Rowan County #582

 

111 Dorset Drive

 

Salisbury
  NC   28144   [DELETED]   [DELETED]

Davita ??? Southeastern Dialysis Center Shallotte

 

4770 Shallotte Ave

 

Shallotte
  NC   28470   [DELETED]   [DELETED]

Davita—Greene County

 

1025 Kingold Boulevard

  Snow Hill   NC   28580   [DELETED]   [DELETED]

 

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Member Name

 

Member Street

  Member
City
  Member
State
  Member
ZIP
  [DELETED]   [DELETED]

Southern Pines Dialysis Center

 

209 Windstar Pl

  Southern
Pines
 

NC
 

28387
  [DELETED]   [DELETED]

Davita Southport Dialysis Center #4448

 

1513 N. Howe St. Suite 15

 

Southport
  NC   28461   [DELETED]   [DELETED]

Davita- Mayland Dialysis

 

575 Altapass Highway

  Spruce Pine   NC   28777   [DELETED]   [DELETED]

Davita St. Paula Dialysis

 

564 Mclean Street

  St. Paul   NC   28384   [DELETED]   [DELETED]

Davita Swannanoa Dialysis Center #1508

 

2305 Us Highway 70

 

Swannanoa
  NC   28778   [DELETED]   [DELETED]

Sylva Dialysis Center

 

655 Asheville Highway

  Sylva   NC   28779   [DELETED]   [DELETED]

Dialysis Care of Edgecombe County

 

3206 Western Boulevard

  Tarboro   NC   27886   [DELETED]   [DELETED]

Davita # 0571

 

923 East Caswell Street

  Wadesboro   NC   28170   [DELETED]   [DELETED]

Davita-Wallace Dialysis #2447

 

5650 South Hwy 41

  Wallace   NC   28466   [DELETED]   [DELETED]

Davita Weaverville Dialysis

 

329 Merrimon Avenue

  Weaverville   NC   28787   [DELETED]   [DELETED]

Davita #0594

 

608 Pecan Ln

  Whiteville   NC   28472   [DELETED]   [DELETED]

Dialysis Care of Martin County

 

100 Medical Drive

  Williamston   NC   27892   [DELETED]   [DELETED]

Davita #0595

 

2215 Yaupon Dr

  Wilmington   NC   28401   [DELETED]   [DELETED]

Davita Wilimington At Home

 

2215 Yaupon Drive

  Wilmington   NC   28401   [DELETED]   [DELETED]

Davita 3032 Wilson

 

1605 Medical Park Dr

  Wilson   NC   27893   [DELETED]   [DELETED]

Davita 3588 Forest Hills

 

2693 Forest Hills Rd

  Wilson   NC   27893   [DELETED]   [DELETED]

Davita- Fargo At Home # 5982 Dialysis

 

4474 23rd Ave S. Ste M.

 

Fargo
  ND   58104   [DELETED]   [DELETED]

Davita-Fargo

 

4474 23rd Ave South, Suite M.

  Fargo   ND   58104   [DELETED]   [DELETED]

Davita 2466 Oakes Dialysis Center

 

413 S. 7th St.

  Oakes   ND   58474   [DELETED]   [DELETED]

Davita Dodge County Dialysis #3530

 

1949 E. 23rd Street Ave S.

  Fremont   NE   68025   [DELETED]   [DELETED]

Davita Grand Island Dialysis

 

603 South Webb Road

  Grand Island   NE   68803   [DELETED]   [DELETED]

Hastings Dialysis Center #1601

 

1900 North St. Joseph Avenue

  Hastings   NE   68901   [DELETED]   [DELETED]

Davita—Capital City Dialysis Center #1602

 

307 North 46th Street

 

Lincoln
  NE   68503   [DELETED]   [DELETED]

Davita Capital City At Home

 

307 N. 46th Street

  Lincoln   NE   68503   [DELETED]   [DELETED]

Lincoln Dialysis Center, #2177

 

3401 Plantation Drive, Suite # 140

  Lincoln   NE   68516   [DELETED]   [DELETED]

Dvita Mccook Dialysis Center

 

801 West C Street

  Mccook   NE   69001   [DELETED]   [DELETED]

Davita 2540 Omaha West

 

13014 West Dodge Road

  Omaha   NE   68154   [DELETED]   [DELETED]

Davita 3524 Omaha Central

 

144 S. 40th St.

  Omaha   NE   68131   [DELETED]   [DELETED]

Davita 3533 Omaha North

 

6572 Ames Ave

  Omaha   NE   68104   [DELETED]   [DELETED]

Davita 3534 Omaha South

 

3427 L. St. Ste 16

  Omaha   NE   68107   [DELETED]   [DELETED]

Davita 3550-7 Dialysis Veterans Medical Center-Acute

 

4101 Woolworth Ave Floor 5th5e600

 



Omaha
 



NE
  68105   [DELETED]   [DELETED]

Davita-Omaha West At Home

 

13014 Wet Dodge Rd

  Omaha   NE   68154   [DELETED]   [DELETED]

Davita #3597 Papillion

 

1502 South Washington

  Papillion   NE   68046   [DELETED]   [DELETED]

Scottsbluff Dialysis Center

 

3812 Avenue B.

  Scottsbluff   NE   69361   [DELETED]   [DELETED]

Davita Derry Dialysis Center #4487

 

1 Action Blvd Unit 2

  Londonderry   NH   3053   [DELETED]   [DELETED]

Davita 3577 Nashua

 

38 Tyler St. Ste 100

  Nashua   NH   3060   [DELETED]   [DELETED]

Total Renal Care—Bridgewater Dialysis Center

 

2121 Us Highway 22

 

Bound Brook
  NJ   8805   [DELETED]   [DELETED]

Bricktown Dialysis

 

525 Jack Martin Boulevard, Suite 200

 

Brick
 

NJ
  8724   [DELETED]   [DELETED]

Davita 4025 Burlington North

 

1164 Route 130 North

  Burlington   NJ   8016   [DELETED]   [DELETED]

Davita 3052 Cherry Hill

 

1030 Kings Hwy N. Ste 100

  Cherry Hill   NJ   8034   [DELETED]   [DELETED]

Davita 3010 Delran

 

8008 Route 130 North

  Delran   NJ   8075   [DELETED]   [DELETED]

Davita 3231 East Orange

 

90 Washington St.

  East Orange   NJ   7017   [DELETED]   [DELETED]

Davita Atlantic Artificial Kidney Center

 

6 Industrial Way W. Ste B.

 

Eatontown
  NJ   7724   [DELETED]   [DELETED]

Davita 3451 Edison

 

29 Meridian Rd

  Edison   NJ   8820   [DELETED]   [DELETED]

Davita Hackettstown

 

657 Willow Grove Street, Suite 202,,West Wing Medical Bldg.

 

Hackettstown
 

NJ
  7840   [DELETED]   [DELETED]

Davita 2707 Holmdel

 

668 North Beers Street

  Holmdel   NJ   7733   [DELETED]   [DELETED]

Davita 4209 Burlington County

 

668 Main Street, Suite 2

  Lumberton   NJ   8048   [DELETED]   [DELETED]

Davita 3228 Freehold

 

300 Craig Rd

  Manalapan   NJ   7726   [DELETED]   [DELETED]

Davita 3077 Summit

 

1139 Spruce Dr

  Mountainside   NJ   7092   [DELETED]   [DELETED]

Da Vita Neptune Dialysis

 

2180 Bradley Avenue

  Neptune   NJ   7753   [DELETED]   [DELETED]

Davita 3229 Neptune

 

3297 State Route 66 Ste G1

  Neptune   NJ   7753   [DELETED]   [DELETED]

Davita Dialysis

 

571 Central Ave

  Newark   NJ   7107   [DELETED]   [DELETED]

Davita #3327

 

3 Hospital Plz Ste 101

  Old Bridge   NJ   8857   [DELETED]   [DELETED]

Davita 5988 Pennsauken At Home Dialysis

 

7024 Kaighns Ave

 

Pennsauken
  NJ   8109   [DELETED]   [DELETED]

Davita Pennsauken Dialysis Center

 

7024 Kaighns Ave

  Pennsauken   NJ   8109   [DELETED]   [DELETED]

Davita 3326 Perth Amboy

 

530 New Brunswick Ave

  Perth Amboy   NJ   8861   [DELETED]   [DELETED]

Davita 3493 Plainfield

 

1200 Randolph Rd

  Plainfield   NJ   7060   [DELETED]   [DELETED]

Davita Plainfield At Home #6042

 

1200 Randolph Road

  Plainfield   NJ   7060   [DELETED]   [DELETED]

Middletown Dialysis Center—#529

 

500 Highway 35 South, Union Square, Suite 9a

 

Red Bank
 

NJ
  7701   [DELETED]   [DELETED]

Davita Somerset Dialysis Center #414

 

240 Chruchill Avenue

 

Somerset
  NJ   8873   [DELETED]   [DELETED]

 

Page 49 of 66


Member Name

 

Member Street

  Member
City
  Member
State
  Member
ZIP
  [DELETED]   [DELETED]

Davita 3556 Willingboro

 

230 Van Sciver Pkwy

  Willingboro   NJ   8046   [DELETED]   [DELETED]

Davita Willingboro At Home Dialysis

 

230 Van Sciver Pkwy

  Willingboro   NJ   8046   [DELETED]   [DELETED]

Davita—Artesia Dialysis Center #4348

 

702 N. 13th St.

 

Artesia
  NM   88210   [DELETED]   [DELETED]

Davita Artesia At Home Dialysis

 

702 N. 13th St.

  Artesia   NM   88210   [DELETED]   [DELETED]

Davita—Four Corners Dialysis Center

 

801 West Broadway

  Farmington   NM   87401   [DELETED]   [DELETED]

Davita Shiprock Dialysis Center

 

Us Highway 666 North, PO Box 2156

 

Shiprock
 

NM
  87420   [DELETED]   [DELETED]

Davita Carson City Dialysis Center #1979

 

3310 Goni Rd Bldg H Ste 171

 

Carson City
  NV   89706   [DELETED]   [DELETED]

Davita Fallon Dialysis #2224

 

1103 New River Parkway

  Fallon   NV   89406   [DELETED]   [DELETED]

Davita

 

2530 Anthem Village Dr

  Henderson   NV   89052   [DELETED]   [DELETED]

Davita 2271 Green Valley Dialysis Center

 

1510 W. Warm Springs Rd Suite 100

 

Henderson
  NV   89014   [DELETED]   [DELETED]

Davita Siena Henderson #2197

 

2865 Siena Heights Drive, Suite 141

  Henderson   NV   89052   [DELETED]   [DELETED]

Davita

 

2881 Business Park Ct Ste 130

  Las Vegas   NV   89128   [DELETED]   [DELETED]

Davita—Las Vegas Dialysis Center

 

3100 West Charleston, Suite 100

  Las Vegas   NV   89102   [DELETED]   [DELETED]

Davita—Summerlin Dialysis Center

 

653 Town Center Drive, Building 2, Suite 70

 

Las Vegas
 

NV
  89144   [DELETED]   [DELETED]

Davita 2367 Centennial Dialysis Center

 

8775 Deer Springs Way

 

Las Vegas
  NV   89149   [DELETED]   [DELETED]

Davita 2496 Fivestar Dialysis Center

 

2400 Tech Center Ct

  Las Vegas   NV   89128   [DELETED]   [DELETED]

Davita Desert Springs

 

2110 East Flaming Road, Suite 108

  Las Vegas   NV   89119   [DELETED]   [DELETED]

Davita Five Star @Home #5980

 

2400 Tech Center Ct

  Las Vegas   NV   89128   [DELETED]   [DELETED]

Davita Las Vegas At Home

 

3100 West Charleston, Suite 100

  Las Vegas   NV   89102   [DELETED]   [DELETED]

Davita Las Vegas Pediatric Dialysis

 

7271 W. Sahara Ave Suite 120

  Las Vegas   NV   89117   [DELETED]   [DELETED]

Davita Southern Hills Dialysis Center #2048

 

9280 West Sunset Road, Suite 110

 

Las Vegas
  NV   89148   [DELETED]   [DELETED]

South Las Vegas Dialysis Center—Davita

 

2250 South Rancho, Suite 115

 

Las Vegas
  NV   89102   [DELETED]   [DELETED]

Davita—North Las Vegas

 

2300 Mcdaniel Street

  North Las
Vegas
 

NV
 

89030
  [DELETED]   [DELETED]

Davita Pahrump Dialysis #547

 

330 S. Lola Ln

  Pahrump   NV   89048   [DELETED]   [DELETED]

Davita—Sierra Rose At Home

 

685 Sierra Rose Drive

  Reno   NV   89511   [DELETED]   [DELETED]

Davita Reno At Home Dialysis #5961

 

1500 E. 2nd St. Ste 106

  Reno   NV   89502   [DELETED]   [DELETED]

Davita Reno Dialysis Center #1978

 

1500 E. 2nd St. Ste 101

  Reno   NV   89502   [DELETED]   [DELETED]

Davita South Meadows Dialysis Center #1977

 

10085 Double R. Blvd Ste 160

 

Reno
  NV   89521   [DELETED]   [DELETED]

Sierra Rose Dialysis Center

 

685 Sierra Rose Drive

  Reno   NV   89511   [DELETED]   [DELETED]

Davita—Sparks Dialysis

 

4860 Vista Boulevard, Suite 100

  Sparks   NV   89436   [DELETED]   [DELETED]

Boston Post Road Dialysis Center

 

4026 Boston Road

  Bronx   NY   10475   [DELETED]   [DELETED]

Davita #0501 Bronx Dialysis Center

 

1615 East Chester Rd

  Bronx   NY   10461   [DELETED]   [DELETED]

Davita—Eastchester Road Dialysis

 

1515 Jarrett Place

  Bronx   NY   10461   [DELETED]   [DELETED]

Davita Bedford Park Dialysis #2355

 

3119 Webster Ave Frnt 1

  Bronx   NY   10467   [DELETED]   [DELETED]

Davita Bronx At Home

 

1615 Eastchester Road

  Bronx   NY   10461   [DELETED]   [DELETED]

Riverdale Dialysis

 

170 W. 233rd St.

  Bronx   NY   10463   [DELETED]   [DELETED]

Soundview Dialysis Center

 

1622-24 Bruckner Boulevard

  Bronx   NY   10473   [DELETED]   [DELETED]

South Bronx Kidney Center

 

1940 Webster Avenue

  Bronx   NY   10457   [DELETED]   [DELETED]

Davita—Sheepshead Bay Renal Care Dialysis Center #536

 

26 Brighton 11 St.

 

Brooklyn
  NY   11235   [DELETED]   [DELETED]

Dyker Heights Dialysis Center

 

1435 86th Street

  Brooklyn   NY   11228   [DELETED]   [DELETED]

South Brooklyn Nephrology Center, Inc.

 

3915 Avenue V.

 

Brooklyn
  NY   11234   [DELETED]   [DELETED]

Utica Avenue Dialysis Clinic

 

1305 Utica Ave

  Brooklyn   NY   11203   [DELETED]   [DELETED]

Renal Care of Buffalo, Inc.

 

550 Orchard Park Road, Suite B104

  Buffalo   NY   14224   [DELETED]   [DELETED]

Total Renal Care, Dba: Cleve Hill Dialysis Center

 

1461 Kensington Avenue

 

Buffalo
  NY   14215   [DELETED]   [DELETED]

Davita Celia Dill Dialysis Center #520

 

667 Stoneleigh Avenue, Suite 123

  Carmel   NY   10512   [DELETED]   [DELETED]

Peekskill—Cortlandt Dialysis Center

 

2050 East Main Street

  Cortlandt
Manor
 

NY
 

10567
  [DELETED]   [DELETED]

Davita #3264 Freeport Kidney Center

 

267 W. Merrick Rd

  Freeport   NY   11520   [DELETED]   [DELETED]

Garden City Dialysis

 

1100 Stewart Ave Ste 2

  Garden
City
 

NY
 

11530
  [DELETED]   [DELETED]

Davita Huntington Station Kc At Home

 

256 Broadway

 

Huntington
Station
 

NY
 

11746
  [DELETED]   [DELETED]

Huntington Artificial Kidney Center

 

256 Broadway

  Huntington
Station
 

NY
 

11746
  [DELETED]   [DELETED]

Ithaca Dialysis Clinic

 

201 Dates Dr Ste 206

  Ithaca   NY   14850   [DELETED]   [DELETED]

Queens Dialysis Center

 

118-01 Guy Brewer Boulevard

  Jamaica   NY   11434   [DELETED]   [DELETED]

Lynbrook Dialysis Center

 

147 Scranton Avenue

  Lynbrook   NY   11563   [DELETED]   [DELETED]

Davita #3266 Medford

 

1725 North Ocean Avenue

  Medford   NY   11763   [DELETED]   [DELETED]

Catskill Dialysis

 

139 Forestburgh Rd

  Monticello   NY   12701   [DELETED]   [DELETED]

Catskill Dialysis Center

 

139 Forestburgh Road

  Monticello   NY   12701   [DELETED]   [DELETED]

 

Page 50 of 66


Member Name

 

Member Street

  Member
City
  Member
State
  Member
ZIP
  [DELETED]   [DELETED]

Davita Columbia University At Home Dialysis

 

60 Haven Ave

 

New York
  NY   10032   [DELETED]   [DELETED]

Davita Columbia University Dialysis Center

 

60 Haven Avenue, Suite B3 and B4

 

New York
  NY   10032   [DELETED]   [DELETED]

Port Chester Dialysis Unit

 

38 Bulkley Ave

  Port
Chester
 

NY
 

10573
  [DELETED]   [DELETED]

Port Washington Dialysis

 

50 Seaview Boulevard

  Port
Washington
 

NY
 

11050
  [DELETED]   [DELETED]

Queens Village Dialysis

 

222-02 Hempstead Avenue

  Queens
Village
 

NY
 

11429
  [DELETED]   [DELETED]

Davita Richmond Kidney Center

 

1366 Victory Blvd

  Staten
Island
 

NY
 

10301
  [DELETED]   [DELETED]

Davita #3263 Syosset Kidney Center

 

1 Locust Ln

  Syosset   NY   11791   [DELETED]   [DELETED]

Hudson Valley Dialysis Center, Inc.

 

155 White Plains Road, Suite 107

  Tarrytown   NY   10591   [DELETED]   [DELETED]

Davita-Renal Care of Buffalo #6203

 

550 Orchard Park Rd Ste B102

  West
Seneca
 

NY
 

14224
  [DELETED]   [DELETED]

White Plains Dialysis Center

 

200 Hamilton Avenue, Space 13b

  Whiteplains   NY   10601   [DELETED]   [DELETED]

Davita East Yonkers Dialysis
Center #2394

 

5 Odell Plz Ste 131

 

Yonkers
  NY   10701   [DELETED]   [DELETED]

Yonkers Dialysis Center

 

575 Yonkers Avenue

  Yonkers   NY   10704   [DELETED]   [DELETED]

Davita- Alliance Dialysis # 1790

 

270 E. State St. Ste 110

  Alliance   OH   44601   [DELETED]   [DELETED]

Davita Ohio Pike Dialysis
Center #4380

 

1761 State Route 125

 

Amelia
  OH   45102   [DELETED]   [DELETED]

Davita Andover Dialysis

 

488 South Main Street

  Andover   OH   44003   [DELETED]   [DELETED]

Davita 3511 Ashtabula

 

1614 West 19th Street

  Ashtabula   OH   44004   [DELETED]   [DELETED]

Davita 4416 Rivers Edge Dialysis

 

1006 E. State St. Suite B.

  Athens   OH   45701   [DELETED]   [DELETED]

Davita #2316 Batavia Dialysis

 

4000 Golden Age Dr

  Batavia   OH   45103   [DELETED]   [DELETED]

Davita—Belpre At Home

 

2906 Washington Boulevard

  Belpre   OH   45714   [DELETED]   [DELETED]

Davita 3663 Belpre

 

2906 Washington Blvd

  Belpre   OH   45714   [DELETED]   [DELETED]

Davita 3344 Guernsey County

 

1300 Clark Street

  Cambridge   OH   43725   [DELETED]   [DELETED]

Davita—Belden Dialysis # 1791

 

4685 Fulton Dr Nw

  Canton   OH   44718   [DELETED]   [DELETED]

Davita—Mercy Dialysis #1792

 

1320 Mercy Drive Northwest, Mercy Hall

 

Canton
 

OH
  44708   [DELETED]   [DELETED]

Davita 0940 Eastgate Dialysis

 

4435 Aicholtz, Suite 800a

  Cincinnati   OH   45245   [DELETED]   [DELETED]

Davita 3267 Blue Ash Southwest
Ohio Jv

 

10600 McKinley Road

 

Cincinnati
  OH   45242   [DELETED]   [DELETED]

Davita 3340 Western Hills

 

3267 Westbourne Dr

  Cincinnati   OH   45248   [DELETED]   [DELETED]

Davita 3341 Winton Road Southwest Ohio

 

6550 Winton Rd

 

Cincinnati
  OH   45224   [DELETED]   [DELETED]

Davita 3443 Silverton

 

6929 Silverton Ave

  Cincinnati   OH   45236   [DELETED]   [DELETED]

Davita Dearborn Acutes Dialysis

 

10600 McKinley Rd

  Cincinnati   OH   45242   [DELETED]   [DELETED]

Davita East Galbraith Dialysis
Center #2317

 

3877 E. Galbraith Rd

 

Cincinnati
  OH   45236   [DELETED]   [DELETED]

Davita Eastgate Home Training #2340

 

4435 Aicholtz Road,Suite 800b

  Cincinnati   OH   45245   [DELETED]   [DELETED]

Davita Forest Fair Dialysis Center

 

1145 Kemper Meadow Dr

  Cincinnati   OH   45240   [DELETED]   [DELETED]

Davita Mount Auburn Dialysis
Center #3269

 

2109 Reading Road

 

Cincinnati
  OH   45202   [DELETED]   [DELETED]

Davita Mt. Auburn Southwest Ohio Jv

 

2109 Reading Rd

  Cincinnati   OH   45202   [DELETED]   [DELETED]

Davita Norwood Dialysis
Center #4426

 

2300 Wall St.

 

Cincinnati
  OH   45212   [DELETED]   [DELETED]

Davita Red Bank Dialysis
Center #4427

 

3960 Red Bank Rd

 

Cincinnati
  OH   45227   [DELETED]   [DELETED]

Davita White Oak At Home #6050

 

5520 Cheviot Road, Suite B.

  Cincinnati   OH   45247   [DELETED]   [DELETED]

Davita White Oak Dialysis

 

5520 Cheviot Road, Suite B.

  Cincinnati   OH   45247   [DELETED]   [DELETED]

Davita White Oak Pd

 

5520 Cheviot Road, Suite B.

  Cincinnati   OH   45247   [DELETED]   [DELETED]

Davita- Delhi Dialysis Center

 

5040 Delhi Pike

  Cincinnati   OH   45238   [DELETED]   [DELETED]

Davita-Anderson #2293

 

7502 State Rd Ste 1160 Bldg 2

  Cincinnati   OH   45255   [DELETED]   [DELETED]

Davita # 1862 Shaker Square

 

12800 Shaker Blvd Ste 1

  Cleveland   OH   44120   [DELETED]   [DELETED]

Davita #5522 Detroit Dialysis

 

7901 Detroit Avenue

  Cleveland   OH   44102   [DELETED]   [DELETED]

Davita Middleburg Heights Dialysis Center #1620

 

7360 Engle Rd

 

Cleveland
  OH   44130   [DELETED]   [DELETED]

Davita Parma Dialysis Center

 

6735 Ames Rd

  Cleveland   OH   44129   [DELETED]   [DELETED]

Davita Quadrangle Dialysis #5523

 

2302 Community College Ave

  Cleveland   OH   44115   [DELETED]   [DELETED]

Davita—Columbus East At Home

 

299 Outerbelt Street

  Columbus   OH   43213   [DELETED]   [DELETED]

Davita—Columbus West Dialysis Center

 

1395 Georgesville

 

Columbus
  OH   43228   [DELETED]   [DELETED]

Davita 3354 Columbus

 

3830 Olentangy River Rd

  Columbus   OH   43214   [DELETED]   [DELETED]

Davita 3454 Columbus East

 

299 Outerbelt St.

  Columbus   OH   43213   [DELETED]   [DELETED]

Davita 3566 Columbus Downtown

 

415 East Mound Street

  Columbus   OH   43215   [DELETED]   [DELETED]

Davita 6220 Columbus West At Home

 

1391 Georgesville Rd

  Columbus   OH   43228   [DELETED]   [DELETED]

Davita 3612 Coshocton

 

1404 Chestnut St.

  Coshocton   OH   43812   [DELETED]   [DELETED]

Davita Dover Dialysis #5008

 

899 E. Iron Ave

  Dover   OH   44622   [DELETED]   [DELETED]

Davita 2419 Dublin Dialysis Center

 

6770 Perimeter Loop Rd

  Dublin   OH   43016   [DELETED]   [DELETED]

Davita-Eaton Dialysis

 

105 East Washington Jackson Road

  Eaton   OH   45320   [DELETED]   [DELETED]

Davita Lorain County Home Dialysis

 

824 E. Broad St.

  Elyria   OH   44035   [DELETED]   [DELETED]

 

Page 51 of 66


Member Name

 

Member Street

  Member City   Member
State
  Member
ZIP
  [DELETED]   [DELETED]

Davita Fairborn At Home #5937

 

1266 N. Broad St.

  Fairborn   OH   45324   [DELETED]   [DELETED]

Davita Fairborn Dialysis
Center #2162

 

3070 Presidential Drive, Suite 100

 

Fairborn
  OH   45324   [DELETED]   [DELETED]

Davita Midwest Fairborn
Dialysis #5571

 

1266 N. Broad St.

 

Fairborn
  OH   45324   [DELETED]   [DELETED]

Davita #3290 Fairfield Home Pd

 

1210 Hicks Boulevard

  Fairfield   OH   45014   [DELETED]   [DELETED]

Davita—Fairfield

 

1210 Hicks Boulevard

  Fairfield   OH   45014   [DELETED]   [DELETED]

Davita Fairview Dialysis
Center #4350

 

19050 Lorain Rd

 

Fairview Park
  OH   44126   [DELETED]   [DELETED]

Davita Great Northern Dialysis Center #4354

 

22710 Fairview Center Dr Ste 100

 

Fairview Park
  OH   44126   [DELETED]   [DELETED]

Davita Butler County

 

3497 South Dixie Highway

  Franklin   OH   45005   [DELETED]   [DELETED]

Davita Butler County Home Training

 

3497 South Dixie Highway

 

Franklin
  OH   45005   [DELETED]   [DELETED]

Davita 2408 Us Grant Dialysis Center

 

458 Home St.

 

Georgetown
  OH   45121   [DELETED]   [DELETED]

Davita—Grove City Dialysis #2319

 

4155 Kelnor Drive

  Grove City   OH   43123   [DELETED]   [DELETED]

Davita Highland County Dialysis Center #4471

 

120 Roberts Ln

 

Hillsboro
  OH   45133   [DELETED]   [DELETED]

Davita Rockside At Home #5931

 

4801 Acorn Dr

  Independence   OH   44131   [DELETED]   [DELETED]

Davita Rockside Dialysis

 

4801 Acorn Dr

  Independence   OH   44131   [DELETED]   [DELETED]

Davita Kettering At Home #6118

 

5721 Bigger Road

  Kettering   OH   45440   [DELETED]   [DELETED]

Davita Kettering Dialysis

 

5721 Bigger Road

  Kettering   OH   45440   [DELETED]   [DELETED]

Davita-Lebanon Home Training

 

918 Columbus Ave # B. Ste 2

  Lebanon   OH   45036   [DELETED]   [DELETED]

Davita Logan Dialysis Center #2433

 

12880 Grey St.

  Logan   OH   43138   [DELETED]   [DELETED]

Davita Amherst Dialysis
Center #2255

 

3200 Cooper Foster Park Rd W.

 

Lorain
  OH   44053   [DELETED]   [DELETED]

Davita 5986-1 Belden Community At Home Dialysis

 

7770 Columbus Rd

 

Louisville
  OH   44641   [DELETED]   [DELETED]

Davita 3334 Lake County

 

1963 Hubbard Rd

  Madison   OH   44057   [DELETED]   [DELETED]

Davita 3345 Marietta

 

1019 Pike St.

  Marietta   OH   45750   [DELETED]   [DELETED]

Davita Clermont Dialysis
Center 4438

 

5901 Montclair Blvd Ste 100

 

Milford
  OH   45150   [DELETED]   [DELETED]

Davita 2481 Cherry Valley Dialysis

 

1627 W. Main St.

  Newark   OH   43055   [DELETED]   [DELETED]

Davita 3347 Licking County

 

65 Mcmillen Dr Ste 300

  Newark   OH   43055   [DELETED]   [DELETED]

Davita North Rivdgeville Dialysis Center #4351

 

35143 Center Ridge Rd

 

North Ridgeville
  OH   44039   [DELETED]   [DELETED]

Davita 3677 Toledo East

 

611 Lemoyne Rd

  Northwood   OH   43619   [DELETED]   [DELETED]

Davita Dialysis—Parma Community General Hospital #1619-1-Acute

 


7007 Powers Blvd

 



Parma
  OH   44129   [DELETED]   [DELETED]

Davita—Pataskala

 

642 East Broad Street

  Pataskala   OH   43062   [DELETED]   [DELETED]

Davita—Rocky River Dialysis Center #1621

 

20220 Center Ridge Rd Ste 50

 

Rocky River
  OH   44116   [DELETED]   [DELETED]

Davita 2283 Sandusky Dialysis

 

795 Bardshar Road

  Sandusky   OH   44870   [DELETED]   [DELETED]

Davita Silverton Dialysis

 

6929 Silverton Avenue

  Silverton   OH   45236   [DELETED]   [DELETED]

Davita Midwest Springfield
Dialysis #5570

 

2200 N. Limestone St. Ste 104

 

Springfield
  OH   45503   [DELETED]   [DELETED]

Davita Dialysis 3676-4 Acuity Specialty Hospital-Acute

 

380 Summit Ave

 

Steubenville
  OH   43952   [DELETED]   [DELETED]

Davita-Strongsville At Home

 

17792 Pearl Rd.

  Strongsville   OH   44136   [DELETED]   [DELETED]

Davita

 

17792 Pearl Road

  Strongville   OH   44136   [DELETED]   [DELETED]

Seneca County Dialysis

 

65 St. Francis Street, Betty Jane Center

 

Tiffin
 

OH
  44883   [DELETED]   [DELETED]

Davita 3520 Toledo

 

1614 South Byrne Road, Suite R.

  Toledo   OH   43614   [DELETED]   [DELETED]

Davita Point Place Dialysis
Center #2306

 

4747 Sudar Avenue, Suite 107

 

Toledo
  OH   43611   [DELETED]   [DELETED]

Davita Toledo At Home

 

1614 S. Byrne

  Toledo   OH   43614   [DELETED]   [DELETED]

Davita 2435 Urbana Dialysis

 

1880 E. Us Highway 36

  Urbana   OH   43078   [DELETED]   [DELETED]

Davita Midwest Urbana
Dialysis #5572

 

1430 Us Hwy 36 E. Ste A

 

Urbana
  OH   43078   [DELETED]   [DELETED]

Davita #2334 Wadsworth

 

195 Wadsworth Rd Ste 302

  Wadsworth   OH   44281   [DELETED]   [DELETED]

Davita Wadsworth At Home #5932

 

195 Wadsworth Rd

  Wadsworth   OH   44281   [DELETED]   [DELETED]

Davita—Wauseon Dialysis #2254

 

721 South Shoop Avenue

  Wauseon   OH   43567   [DELETED]   [DELETED]

Davita #5524 West Shore Dialysis

 

29000 Center Ridge Road

  Westlake   OH   44145   [DELETED]   [DELETED]

Davita Willow Dialysis
Center #1740

 

1675 Alex Dr

 

Wilmington
  OH   45177   [DELETED]   [DELETED]

Southwest Ohio Dialysis #1541

 

215 South Allison Avenue

  Xenia   OH   45385   [DELETED]   [DELETED]

Davita 3346 Zanesville

 

3120 Newark Rd

  Zanesville   OH   43701   [DELETED]   [DELETED]

Davita Zanesville At Home

 

3120 Newark Road

  Zanesville   OH   43701   [DELETED]   [DELETED]

Davita—Altus Dialysis Center

 

205 South Park Lane, Suite 130

  Altus   OK   73521   [DELETED]   [DELETED]

Davita Anadarko Dialysis Center

 

412 Southeast 11th Street

  Anadarko   OK   73005   [DELETED]   [DELETED]

Davita—Northwest Bethany

 

7800 Nw 23rd St. Ste A

  Bethany   OK   73008   [DELETED]   [DELETED]

Davita Northwest Bethany At Home

 

7800 Nw 23rd Street, Suite A

  Bethany   OK   73008   [DELETED]   [DELETED]

 

Page 52 of 66


Member Name

 

Member Street

  Member City   Member
State
  Member
ZIP
  [DELETED]   [DELETED]

Da Vita—Broken Arrow Dialysis Center

 

601 South Aspen Avenue

 

Broken Arrow
  OK   74012   [DELETED]   [DELETED]

Davita Chickasha Dialysis
Center #2080

 

228 South 29th

 

Chickasha
  OK   73018   [DELETED]   [DELETED]

Da Vita—Claremore Dialysis Center

 

202 East Blue Starr Drive

  Claremore   OK   74017   [DELETED]   [DELETED]

Davita Clinton Dialysis Center

 

150 South 31st Street

  Clinton   OK   73601   [DELETED]   [DELETED]

Davita—Duncan Dialysis

 

2645 West Elk

  Duncan   OK   73533   [DELETED]   [DELETED]

Davita—Durant #2024

 

411 Westside Drive

  Durant   OK   74701   [DELETED]   [DELETED]

Davita—Edmond Dialysis

 

50 South Baumann Avenue

  Edmond   OK   73034   [DELETED]   [DELETED]

Davita—Elk City

 

1601 West 2nd Street

  Elk City   OK   73644   [DELETED]   [DELETED]

Davita Lexington #3314

 

Lexington Assessment and Reception Center, Highway 39 East

 



Lexington
 



OK
  73051   [DELETED]   [DELETED]

Davita Tri-State Dialysis
Center #975

 

2510 North Main Street

 

Miami
  OK   74354   [DELETED]   [DELETED]

Davita Midwest City Dialysis
Center #955

 

7221 East Reno Avenue

 

Midwest City
  OK   73110   [DELETED]   [DELETED]

Davita—Muskogee Community Dialysis #974

 

2316 W. Shawnee St.

 

Muskogee
  OK   74401   [DELETED]   [DELETED]

Davita—Norman

 

1818 West Lindsey, B. 104

  Norman   OK   73069   [DELETED]   [DELETED]

Davita 3015 Oklahoma City South

 

5730 S. May Ave

  Oklahoma City   OK   73119   [DELETED]   [DELETED]

Davita 3201 Heartland

 

925 Ne 8th St.

  Oklahoma City   OK   73104   [DELETED]   [DELETED]

Davita Cinema Dialysis

 

3909 South Western

  Oklahoma City   OK   73109   [DELETED]   [DELETED]

Davita Heartland At Home
Clinic #6276

 

925 Ne 8th Street

 

Oklahoma City
  OK   73104   [DELETED]   [DELETED]

Davita #972—Okmulgee Dialysis Center

 

201 S. Delaware Ave

 

Okmulgee
  OK   74447   [DELETED]   [DELETED]

Davita Pryor Dialysis
Center #3014-1

 

309 E. Graham Ave

 

Pryor
  OK   74361   [DELETED]   [DELETED]

Davita—Shawnee Dialysis Center

 

4409 N. Kickapoo Ave, Ste 113

  Shawnee   OK   74804   [DELETED]   [DELETED]

Davita—Stillwater Dialysis Center

 

406 East Hall of Fame Avenue, Suite 300

 

Stillwater
 

OK
  74075   [DELETED]   [DELETED]

Davita—Stilwell Dialysis Center

 

319 N. 2nd St.

  Stilwell   OK   74960   [DELETED]   [DELETED]

Da Vita—Tahlequah Dialysis Center

 

228 North Bliss Avenue

  Tahlequah   OK   74464   [DELETED]   [DELETED]

Davita—Central Tulsa Dialysis

 

1124 South St. Louis Avenue

  Tulsa   OK   74120   [DELETED]   [DELETED]

Davita—Tulsa

 

4436 S. Harvard Ave

  Tulsa   OK   74135   [DELETED]   [DELETED]

Davita Greenwood Dialysis
Center #2037

 

1345 North Lansing Avenue

 

Tulsa
  OK   74106   [DELETED]   [DELETED]

Davita Sapulpa Dialysis Center

 

9647 Ridgeview St.

  Tulsa   OK   74131   [DELETED]   [DELETED]

Davita Southcrest

 

9001 S. 101 East Ave Ste 110

  Tulsa   OK   74133   [DELETED]   [DELETED]

Davita-Tulsa At Home

 

4436 S. Harvard Ave

  Tulsa   OK   74135   [DELETED]   [DELETED]

Davita 2096 Ashland Dialysis Center

 

1661 Highway 99 N. Bldg A

  Ashland   OR   97520   [DELETED]   [DELETED]

Davita #5517 Redwood Dialysis

 

201 Southwest L. Street

  Grants Pass   OR   97526   [DELETED]   [DELETED]

Davita 2238 Grants Pass

 

1055 Redwood Avenue

  Grants Pass   OR   97527   [DELETED]   [DELETED]

Davita—Hermiston Dialysis Center

 

1155 West Linda Avenue

  Hermoston   OR   97838   [DELETED]   [DELETED]

Davita Hillsboro Dialysis
Center #2168

 

2500 Northwest 229th Avenue, Suite 300

 



Hillsboro
 



OR
  97124   [DELETED]   [DELETED]

Davita Klamath Falls Dialysis #1967

 

2230 N. Eldorado Ave

  Klamath Falls   OR   97601   [DELETED]   [DELETED]

Davita Mcminnville Dialysis #5045

 

200 Ne Norton Ln

  Mcminnville   OR   97128   [DELETED]   [DELETED]

Davita-Willamette Valley Medical Center # 1084-1-Acute

 

2700 Se Stratus Ave

 

Mcminnville
  OR   97128   [DELETED]   [DELETED]

Davita #5516 Rogue Valley Dialysis

 

760 Golf View Dr Unit 100

  Medford   OR   97504   [DELETED]   [DELETED]

Davita Rouge Valley At Home #5952

 

760 Golf View Dr Unit 100

 

Medford
  OR   97504   [DELETED]   [DELETED]

Davita Dialysis Ontario Pd

 

515 East Lane

  Ontario   OR   97914   [DELETED]   [DELETED]

Davita Four Rivers At Home

 

515 East Lane

  Ontario   OR   97914   [DELETED]   [DELETED]

Davita Four Rivers Dialysis
Center #1818

 

515 East Lane

 

Ontario
  OR   97914   [DELETED]   [DELETED]

Davita—Blue Mountain Dialysis

 

72556 Coyote Road

  Pendelton   OR   97801   [DELETED]   [DELETED]

Davita Dialysis 3804 Roseburg-Mercy

 

2599 Nw Edenbower Blvd

 

Roseburg
  OR   97471   [DELETED]   [DELETED]

Davita Rosenburg Mercy At Home #6320 Dialysis

 

2599 Nw Edenbower Blvd

 

Roseburg
  OR   97471   [DELETED]   [DELETED]

Davita 3858 Salem-North

 

1220 Liberty St. Ne*

  Salem   OR   97301   [DELETED]   [DELETED]

Davita Salem Dialysis

 

3550 Liberty Rd S.

  Salem   OR   97302   [DELETED]   [DELETED]

Davita Sherwood Dialysis Center

 

21035 Sw Pacific Hwy

  Sherwood   OR   97140   [DELETED]   [DELETED]

Davita Meridian Park At Home

 

19255 Southwest 65th Avenue, Suite 100

 

Tualatin
 

OR
  97062   [DELETED]   [DELETED]

Davita Meridian Park Dialysis Center

 

19255 Sw 65th Ave Ste 100

 

Tualatin
  OR   97062   [DELETED]   [DELETED]

Davita West Linn

 

19056 Williamette Drive

  West Linn   OR   97068   [DELETED]   [DELETED]

Davita 4044 Woodburn

 

2245 Country Club Rd

  Woodburn   OR   97071   [DELETED]   [DELETED]

Davita 4217 Bradford

 

665 East Main Street

  Bradford   PA   16701   [DELETED]   [DELETED]

 

Page 53 of 66


Member Name

 

Member Street

  Member City   Member
State
  Member
ZIP
  [DELETED]   [DELETED]

Davita Bradford At Home

 

665 East Main Street

  Bradford   PA   16701   [DELETED]   [DELETED]

Davita #0854 Camp Hill At Home

 

425 North 21st Street, Plaza 21 Bldg, 1st Floor

 

Camp Hill
 

PA
  17011   [DELETED]   [DELETED]

Davita #6163 Camp Hill Dialysis Center

 

425 North 21st Street, Plaza 21, First Floor

 



Camp Hill
 



PA
  17011   [DELETED]   [DELETED]

Davita Upland Dialysis

 

1 Med Center Blvd., Suite 120

  Chester   PA   19013   [DELETED]   [DELETED]

Davita Dialysis Center—Childs Unit

 

101 South Main Street

 

Childs
  PA   18407   [DELETED]   [DELETED]

Davita 3596 Clearfield

 

1033 Turnpike Avenue, Suite 100 Ssj Waterwork Medical Bldg. of Clearfield

 



Clearfield
 



PA
  16830   [DELETED]   [DELETED]

Davita 4204 Corry

 

300 York St.

  Corry   PA   16407   [DELETED]   [DELETED]

Davita—Dubois Dialysis

 

5780 Shaffer Road, Suite 106b

  Du Bois   PA   15801   [DELETED]   [DELETED]

Davita Dunmore At Home

 

1212 Oneil Highway

  Dunmore   PA   18512   [DELETED]   [DELETED]

Davita Dunmore Dialysis

 

1212 O’Neil Highway

  Dunmore   PA   18512   [DELETED]   [DELETED]

Davita Pocono Dialysis Center

 

447 Office Plaza Drive, 100 Plaza Court, Suite B.

 

East Stroudsburg
 

PA
  18301   [DELETED]   [DELETED]

Palmer Dialysis Center—A Total Renal Care Facility

 

30 Community Drive

 

Easton
  PA   18045   [DELETED]   [DELETED]

Davita Dialysis—Ebensburg

 

236 Jamesway Rd

  Ebensburg   PA   15931   [DELETED]   [DELETED]

Davita 2510 Elizabeth

 

201 McKeesport Rd

  Elizabeth   PA   15037   [DELETED]   [DELETED]

Davita Elizabeth At Home

 

201 McKeesport

  Elizabeth   PA   15037   [DELETED]   [DELETED]

Davita 4208 Elizabethtown

 

844 North Hanover Street

  Elizabethtown   PA   17022   [DELETED]   [DELETED]

Davita 3477 Elkins Park

 

8380 Old York Rd Ste 100

  Elkins Park   PA   19027   [DELETED]   [DELETED]

Davita 4027 Erie

 

350 East Bayfront Parkway,
Suite A

 

Erie
 

PA
  16507   [DELETED]   [DELETED]

Davita- Erie At Home

 

350 East Bayfront Parkway,
Suite A

 

Erie
 

PA
  16507   [DELETED]   [DELETED]

Renal Care of Erie

 

1641 Sassafras St.

  Erie   PA   16502   [DELETED]   [DELETED]

Davita #0857 Exton

 

710 Springdale Dr

  Exton   PA   19341   [DELETED]   [DELETED]

Davita Frackville Dialysis #5031

 

801 Schulkill Mall Rd Ste 801

  Frackville   PA   17931   [DELETED]   [DELETED]

Davita #191 Honesdale Dialysis Center

 

Maple Avenue- Route 6 - Sturbridge Mall

 



Honesdale
 



PA
  18431   [DELETED]   [DELETED]

Davita 3518 Huntingdon Valley

 

769 Huntingdon Pike

  Huntingdon Valley   PA   19006   [DELETED]   [DELETED]

Davita -6162 Johnstown At Home

 

344 Budfield Street

  Johnstown   PA   15904   [DELETED]   [DELETED]

Davita Johnstown

 

344 Budfield Street

  Johnstown   PA   15904   [DELETED]   [DELETED]

Davita—Pdi Lancaster At Home

 

1412 East King Street

  Lancaster   PA   17602   [DELETED]   [DELETED]

Davita Pdi Lancaster

 

1412 East King Street

  Lancaster   PA   17602   [DELETED]   [DELETED]

Davita Pdi Lancaster Pd #1917

 

2110 Harrisburg Pike Suite 310

  Lancaster   PA   17601   [DELETED]   [DELETED]

Dialysis Center At Oxford Court

 

930 Town Center Drive, Suite G. 100

 

Langhorne
 

PA
  19047   [DELETED]   [DELETED]

Davita Dialysis

 

611 Electric Ave

  Lewistown   PA   17044   [DELETED]   [DELETED]

Davita 3557 McKeesport West

 

101 9th Avenue

  McKeesport   PA   15132   [DELETED]   [DELETED]

Davita Meadville Dialysis #4215

 

19050 Park Avenue Plaza

  Meadville   PA   16335   [DELETED]   [DELETED]

Davita—Riddle Dialysis

 

100 Granite Drive, Suite 106

  Media   PA   19063   [DELETED]   [DELETED]

Davita Delaware Valley Dialysis

 

102 Davita Dr

  Milford   PA   18337   [DELETED]   [DELETED]

Davita Monroeville Dialysis #4335

 

2690 Monroeville Blvd

  Monroeville   PA   15146   [DELETED]   [DELETED]

Davita Thorn Run Dialysis #5503

 

1136 Thorn Run Rd Ste J1

  Moon Township   PA   15108   [DELETED]   [DELETED]

Davita 3045 Waverly-Fka Lansdowne

 

407 Baltimore Pike

 

Morton
  PA   19070   [DELETED]   [DELETED]

Davita 3013 Northumberland Dialysis

 

103 West State, Route 61

 

Mount Carmel
  PA   17851   [DELETED]   [DELETED]

Davita #5504

 

1620 Pacific Ave

  Natrona Heights   PA   15065   [DELETED]   [DELETED]

Davita Dialysis Center At St. Mary

 

60 Blacksmith Rd

  Newtown   PA   18940   [DELETED]   [DELETED]

Old Forge Dialysis

 

325 S. Main St.

  Old Forge   PA   18518   [DELETED]   [DELETED]

Davita Palmerton

 

185 Delaware Avenue, Suite C

  Palmerton   PA   18071   [DELETED]   [DELETED]

Davita 4065 Paris

 

32 Steubenville Pike

  Paris   PA   15021   [DELETED]   [DELETED]

Davita #1657 Pdi Walnut Towers

 

834 Walnut St. Ste 100

  Philadelphia   PA   19107   [DELETED]   [DELETED]

Davita—Callowhill Dialysis Center

 

313 Callowhill St.

 

Philadelphia
  PA   19123   [DELETED]   [DELETED]

Davita—West Dialysis Center

 

7609 Lindbergh Blvd

  Philadelphia   PA   19153   [DELETED]   [DELETED]

Davita 2361 Broad Street Dialysis Center

 

1172-74 S. Broad St.

 

Philadelphia
  PA   19146   [DELETED]   [DELETED]

Davita 3042 Roxborough

 

5003 Umbria St.

  Philadelphia   PA   19128   [DELETED]   [DELETED]

Davita 3295 Philadelphia Pmc

 

51 North 39th Street

  Philadelphia   PA   19104   [DELETED]   [DELETED]

Davita 3472 Philadelphia 42nd Street

 

4126 Walnut St.

 

Philadelphia
  PA   19104   [DELETED]   [DELETED]

Davita 3675 Market Street

 

3701 Market St.

  Philadelphia   PA   19104   [DELETED]   [DELETED]

Davita 4211 Cobbs Creek Dialysis

 

1700 S. 60th St.

  Philadelphia   PA   19142   [DELETED]   [DELETED]

Davita 42nd Street At Home
Clinic #6271

 

4126 Walnut Street

 

Philadelphia
  PA   19104   [DELETED]   [DELETED]

Davita Cottman Dialysis #5038

 

7198 Castor Ave

  Philadelphia   PA   19149   [DELETED]   [DELETED]

 

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Member Name

 

Member Street

  Member
City
  Member
State
  Member
ZIP
  [DELETED]   [DELETED]

Davita Dialysis 1070-2 At Magee Rehabilitation Hospital-Acute

 

1513 Race St. Floor 3

 

Philadelphia
  PA   19102   [DELETED]   [DELETED]

Davita Franklin At Home # 6003

 

301 Callowhill St.

  Philadelphia   PA   19123   [DELETED]   [DELETED]

Davita Franklin At Home Pa#5021

 

301 Callowhill St.

  Philadelphia   PA   19123   [DELETED]   [DELETED]

Davita Franklin Dialysis Center

 

150 South Independence,West 101 Public Ledger Building

 

Philadelphia
 

PA
  19106   [DELETED]   [DELETED]

South Philadelphia Dialysis Center

 

109 Dickinson Street

  Philadelphia   PA   19147   [DELETED]   [DELETED]

Total Renal Care—Northeast Philadelphia

 

518 Knorr Street

 

Philadelphia
  PA   19111   [DELETED]   [DELETED]

Davita—Pittsburgh At Home

 

4312 Penn Avenue

  Pittsburgh   PA   15224   [DELETED]   [DELETED]

Davita 2509 Pittsburgh

 

4312 Penn Ave

  Pittsburgh   PA   15224   [DELETED]   [DELETED]

Davita 3676-2 Health South Harmarville Dialysis Center-Acute

 

320 Guys Run Rd

 

Pittsburgh
  PA   15238   [DELETED]   [DELETED]

Davita 3676-3 Kindred Healthcare-Northshore Dialysis-Acute

 

1004 Arch St.

 

Pittsburgh
  PA   15212   [DELETED]   [DELETED]

Davita 4060 Jefferson

 

14 Clairton Blvd

  Pittsburgh   PA   15236   [DELETED]   [DELETED]

Davita 4336 East End Dialysis Center

 

7714 Penn Ave

  Pittsburgh   PA   15221   [DELETED]   [DELETED]

Davita Bloomfield Dialysis

 

5171 Liberty Ave

  Pittsburgh   PA   15224   [DELETED]   [DELETED]

Davita Home Dialysis Modality Center of Excellence

 

5171 Liberty Ave

 

Pittsburgh
  PA   15224   [DELETED]   [DELETED]

Davita Northside Dialysis #5506

 

320 E. North Ave

  Pittsburgh   PA   15212   [DELETED]   [DELETED]

Davita 3473 Radnor

 

250 King of Prussia Rd

  Radnor   PA   19087   [DELETED]   [DELETED]

Davita Radnor At Home

 

250 King of Prussia Road

  Radnor   PA   19087   [DELETED]   [DELETED]

Davita Scranton Dialysis

 

475 Morgan Highway

  Scranton   PA   18508   [DELETED]   [DELETED]

Davita—Selinsgrove Clinic

 

1030 North Susquehanna Trail

  Selinsgrove   PA   17870   [DELETED]   [DELETED]

Davita Sellinsgrove At Home

 

1030 N. Susquehanna Trl

  Selinsgrove   PA   17870   [DELETED]   [DELETED]

Davita Sellersville Dialysis #5558

 

1112 Old Bethlehem Pike

  Sellersville   PA   18960   [DELETED]   [DELETED]

Davita Somerset County
Dialysis #5507

 

229 S. Kimberly Ave Suite 100

 

Somerset
  PA   15501   [DELETED]   [DELETED]

Physicians Dialysis of Lancaster, LLC—Pdi Ephrata

 

67 West Church Street

 

Stevens
  PA   17578   [DELETED]   [DELETED]

Mount Pocono Dialysis
Center—#1504

 

100 Community Drive, Suite 106

 

Tobyhanna
  PA   18466   [DELETED]   [DELETED]

Davita Tunkhannock Dialysis

 

880 State Route 6 West

  Tunkhannock   PA   18657   [DELETED]   [DELETED]

Renal Treatment Center—Upland

 

1 Medical Boulevard, Professional Office Building Ii, Suite 120

 

Upland
 

PA
  19013   [DELETED]   [DELETED]

Davita Franklin Commons Dialysis Center #5037

 

720 Johnsville Blvd Ste 800

 

Warminster
  PA   18974   [DELETED]   [DELETED]

Renal Care of Warren, LLC

 

2 W. Crescent Park

  Warren   PA   16365   [DELETED]   [DELETED]

Davita #5586 Oak Springs

 

764 Locust Ave

  Washington   PA   15301   [DELETED]   [DELETED]

Davita 4223 Waynesburg

 

248 Elm Drive

  Waynesburg   PA   15370   [DELETED]   [DELETED]

Davita #860 Jennersville Dialysis

 

1011 West Baltimore Pike, Suite 107

 

West Grove
 

PA
  19390   [DELETED]   [DELETED]

Davita 4028 Homestead

 

207 West 7th Avenue

  West
Homestead
 

PA
 

15120
  [DELETED]   [DELETED]

Davita 4034 McKeesport

 

Oak Park Mall, 2001 Lincoln Way

  White Oak   PA   15131   [DELETED]   [DELETED]

Davita 3016 Abington

 

3940 Commerce Ave Ste A

  Willow
Grove
 

PA
 

19090
  [DELETED]   [DELETED]

Davita Abbeville Dialysis
Center #4397

 

904 W. Greenwood St.

 

Abbeville
  SC   29620   [DELETED]   [DELETED]

Davita 3078 Aiken

 

775 Medical Park Dr

  Aiken   SC   29801   [DELETED]   [DELETED]

Davita 3952 Central Bamberg Dialysis

 

67 Sunset Dr

 

Bamberg
  SC   29003   [DELETED]   [DELETED]

Davita Palmetto Dialysis #5573

 

317 Professional Park Road

  Clinton   SC   29325   [DELETED]   [DELETED]

Ara Columbia Kidney Center

 

3511 Medical Dr

  Columbia   SC   29203   [DELETED]   [DELETED]

Ara Columbia Northeast Dialysis

 

10 Gateway Corners Park Ste 200

  Columbia   SC   29203   [DELETED]   [DELETED]

Davita—Capitol Centre Dialysis Center #2312

 

201 Columbia Mall Blvd Ste 141

 

Columbia
  SC   29223   [DELETED]   [DELETED]

Davita—Central Columbia At Home

 

3511 Medical Drive

  Columbia   SC   29203   [DELETED]   [DELETED]

Davita 3914 Allendale

 

202 Hampton Ave N.

  Fairfax   SC   29827   [DELETED]   [DELETED]

Davita Fort Mill

 

1975 Carolina Place Drive

  Fort Mill   SC   29708   [DELETED]   [DELETED]

Davita Fountain Inn Dialysis #5576

 

298 Chapman Rd

  Fountain Inn   SC   29644   [DELETED]   [DELETED]

Charleston Renal Care Goose Creek

 

109 Greenland Dr

  Goose Creek   SC   29445   [DELETED]   [DELETED]

Davita Greenville West End
Dialysis #5575

 

605 South Academy Street

 

Greenville
  SC   29601   [DELETED]   [DELETED]

Davita Upstate At Home
Clinic #6159

 

308 Mills Avenue

 

Greenville
  SC   29605   [DELETED]   [DELETED]

Upstate Dialysis Center, Inc.

 

308 Mills Ave

  Greenville   SC   29605   [DELETED]   [DELETED]

Davita 3931 Greenwood

 

109 Overland Dr

  Greenwood   SC   29646   [DELETED]   [DELETED]

Davita # 0383

 

211 Village Dr

  Greer   SC   29651   [DELETED]   [DELETED]

Davita Greer South Dialysis #5574

 

3254 Brushy Creek Rd

  Greer   SC   29650   [DELETED]   [DELETED]

Davita 3935 Lancaster County

 

980 N. Woodland Dr Ste 100

  Lancaster   SC   29720   [DELETED]   [DELETED]

Davita 2336 Longs Dialysis Center

 

90 Cloverleaf Dr Unit 306

  Longs   SC   29568   [DELETED]   [DELETED]

Davita

 

3919 Mayfair St.

  Myrtle Beach   SC   29577   [DELETED]   [DELETED]

 

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Member Name

 

Member Street

  Member City   Member
State
  Member
ZIP
  [DELETED]   [DELETED]

Charleston Renal Care Faber Place

 

3801 Faber Place Drive

  North
Charleston
 

SC
 

29405
  [DELETED]   [DELETED]

Davita #1758 Dialysis

 

5900 Rivers Ave Unit E.

  North
Charleston
 

SC
 

29406
  [DELETED]   [DELETED]

Davita 3916 Orangeburg

 

3031 St. Matthews Road

  Orangeburg   SC   29118   [DELETED]   [DELETED]

Davita 3917 Orangeburg South

 

1080 Summers Ave

  Orangeburg   SC   29115   [DELETED]   [DELETED]

Davita 3632 Pageland

 

505-A South Pearl Street

  Pageland   SC   29728   [DELETED]   [DELETED]

Davita Pendleton Dialysis
Center #2087

 

7703 Highway 76

 

Pendleton
  SC   29670   [DELETED]   [DELETED]

Davita 2440 Ridgeland Dialysis Center

 

112 Weatherbee St.

 

Ridgeland
  SC   29936   [DELETED]   [DELETED]

Davita 3901 Santee

 

228 Bradford Blvd

  Santee   SC   29142   [DELETED]   [DELETED]

Davita 2335 Jedburg Dialysis Center

 

2897 W. 5th North St.

  Summerville   SC   29483   [DELETED]   [DELETED]

Davita 3073 Walterboro

 

302 Ruby St.

  Walterboro   SC   29488   [DELETED]   [DELETED]

Davita #0240 Mitchell Community Dialysis

 

525 North Foster

 

Mitchell
  SD   57301   [DELETED]   [DELETED]

Rosebud Dialysis of Davita

 

1 Soldier Creek Road

  Rosebud   SD   57570   [DELETED]   [DELETED]

Davita Sioux Falls

 

800 E. 21st St. Suite 4600

  Sioux Falls   SD   57105   [DELETED]   [DELETED]

Davita Bolivar Dialysis

 

515 Pecan Drive

  Bolivar   TN   38008   [DELETED]   [DELETED]

Davita Brownsville Dialysis

 

380 Dupree Rd

  Brownsville   TN   38012   [DELETED]   [DELETED]

Davita Dialysis #2043

 

168 W. Main St. Ste A

  Camden   TN   38320   [DELETED]   [DELETED]

Davita 3019 Clarksville

 

231 Hillcrest Dr

  Clarksville   TN   37043   [DELETED]   [DELETED]

Davita-Clarksville North

 

3071 Clay Lewis Road

  Clarksville   TN   37040   [DELETED]   [DELETED]

Davita Collierville Dialysis

 

791 West Poplur, Suite 102

  Collierville   TN   38017   [DELETED]   [DELETED]

Davita 3432 Columbia

 

1705 Grove Dr

  Columbia   TN   38401   [DELETED]   [DELETED]

Davita 2914 Cookeville

 

140 West 7th Street

  Cookeville   TN   38501   [DELETED]   [DELETED]

Davita Cookeville At Home

 

140 W. 7th Street

  Cookeville   TN   38501   [DELETED]   [DELETED]

Davita #5013 Wolf River

 

7990 Trinity Rd

  Cordova   TN   38018   [DELETED]   [DELETED]

Davita 3539 Tipton County

 

107 Tennessee Ave

  Covington   TN   38019   [DELETED]   [DELETED]

Davita 3540 Dyersburg

 

1575 Parr Ave

  Dyersburg   TN   38024   [DELETED]   [DELETED]

Davita 3438 Franklin

 

3983 Carothers Pkwy Suite E4

  Franklin   TN   37067   [DELETED]   [DELETED]

Davita Sumner

 

300 Steamplant Road, Suite 270

  Gallatin   TN   37066   [DELETED]   [DELETED]

Davita Humboldt Dialysis

 

2214 Osborne St.

  Humboldt   TN   38343   [DELETED]   [DELETED]

Davita Carriage House Dialysis

 

37 Carriage House Dr

  Jackson   TN   38305   [DELETED]   [DELETED]

Davita Stonegate Dialysis

 

23 Sandstone Circle

  Jackson   TN   38305   [DELETED]   [DELETED]

Davita Tennessee Valley

 

107 Woodlawn Drive, Suite 2

  Johnson City   TN   37604   [DELETED]   [DELETED]

Davita 4307 Knoxville Dialysis Central Dialysis Center

 

9141 Cross Park Dr Ste 102

 

Knoxville
  TN   37923   [DELETED]   [DELETED]

Davita Knoxville Central At
Home #5967

 

9141 Cross Park Dr Ste 102

 

Knoxville
  TN   37923   [DELETED]   [DELETED]

Davita At Galleria

 

9160 Highway 64 Ste 10

  Lakeland   TN   38002   [DELETED]   [DELETED]

Davita Memphis Galleria Dialysis Hhd/Pd #4308

 

9045 Highway 64 Ste 102

 

Lakeland
  TN   38002   [DELETED]   [DELETED]

Davita 3434 Lawrenceburg

 

2022 North Locust Avenue

  Lawrenceburg   TN   38464   [DELETED]   [DELETED]

Davita Lexington Dialysis

 

317 West Church

  Lexington   TN   38351   [DELETED]   [DELETED]

Davita Livingston Dialysis

 

308 Oak Street

  Livingston   TN   38570   [DELETED]   [DELETED]

Davita 3437 Cumberland

 

312 Hospital Drive, Suite 5

  Madison   TN   37115   [DELETED]   [DELETED]

Davita #2432 Memphis Downtown Dialysis Center

 

2076 Union Ave

 

Memphis
  TN   38104   [DELETED]   [DELETED]

Davita #4387 State Line

 

2049 E. Shelby Dr

  Memphis   TN   38116   [DELETED]   [DELETED]

Davita 2521 Memphis South

 

1205 Marlin Rd

  Memphis   TN   38116   [DELETED]   [DELETED]

Davita 3017 Memphis Central Dialysis

 

889 Linden Ave

 

Memphis
  TN   38126   [DELETED]   [DELETED]

Davita 3018 Memphis East Humphreys

 

50 Humphreys Ctr Ste 42

 

Memphis
  TN   38120   [DELETED]   [DELETED]

Davita Capelville Dialysis
Center #4357

 

7008 E. Shelby Dr

 

Memphis
  TN   38125   [DELETED]   [DELETED]

Davita Memphis Downtown Pd/At Home Dialysis # 1988

 

2076 Union Ave Floor 2

 

Memphis
  TN   38104   [DELETED]   [DELETED]

Davita Memphis East Dialysis
Pd #3891

 

50 Humphreys Ctr Ste 28b

 

Memphis
  TN   38120   [DELETED]   [DELETED]

Davita Memphis Midtown Dialysis Center #4394

 

3430 Summer Ave

 

Memphis
  TN   38122   [DELETED]   [DELETED]

Davita Memphis Southeast Dialysis Center

 

1805 Moriah Woods, Suite 101

 

Memphis
  TN   38117   [DELETED]   [DELETED]

East Memphis At Home # 6041

 

50 Humphreys Ctr Ste 42

  Memphis   TN   38120   [DELETED]   [DELETED]

Davita Millington Dialysis
Center #4428

 

8510 Wilkinsonville Rd Ste 121

 

Millington
  TN   38053   [DELETED]   [DELETED]

Davita 3433 Murfreesboro

 

1346 Dow St.

  Murfreesboro   TN   37130   [DELETED]   [DELETED]

Davita 3431 Whitebridge Road

 

103 White Bridge Rd

  Nashville   TN   37209   [DELETED]   [DELETED]

Davita Home Training and Pd Dialysis #S 6321 and 3892

 

1919 Charlotte Ave Ste 200

 

Nashville
  TN   37203   [DELETED]   [DELETED]

Davita-Nashville Home Training Dialysis # 6054

 

103 White Bridge Pike Ste 6

 

Nashville
  TN   37209   [DELETED]   [DELETED]

Davita Ripley Dialysis Center #2446

 

854 Highway 51 S.

  Ripley   TN   38063   [DELETED]   [DELETED]

 

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Member Name

 

Member Street

  Member
City
  Member
State
  Member
ZIP
  [DELETED]   [DELETED]

Davita Pickwick #1709

 

121 North Pickwick Street

  Savannah   TN   38372   [DELETED]   [DELETED]

Davita Selmer Dialysis

 

251 Oak Grove Road

  Selmer   TN   38375   [DELETED]   [DELETED]

Davita Dialysis Smyrna

 

537 Stonecrest Parkway

  Smyrna   TN   37167   [DELETED]   [DELETED]

Davita 2385 Somerivlle Dialysis Center

 

12475 Us Highway 64

 

Somerville
  TN   38068   [DELETED]   [DELETED]

Davita Sparta Dialysis Center #5007

 

150 Sam Walton Dr Suite 800

  Sparta   TN   38583   [DELETED]   [DELETED]

Davita #4474

 

795 Hamra St.

  Tiptonville   TN   38079   [DELETED]   [DELETED]

Davita Arlington Dialysis
Center #2153

 

1250 E. Pioneer Pkwy Ste 700

 

Arlington
  TX   76010   [DELETED]   [DELETED]

Davita—El Milagro At Home

 

2800 South Interstate Highway #35, Suite 120

 

Austin
 

TX
  78704   [DELETED]   [DELETED]

Davita South Austin Dialysis Center

 

6114 South 1st Street

  Austin   TX   78745   [DELETED]   [DELETED]

Davita Waterloo Dialysis Center

 

5310 Burnet Rd Ste 122

  Austin   TX   78756   [DELETED]   [DELETED]

El Milagro Dialysis Center

 

2800 S. I. Hwy 35-Ste 120

  Austin   TX   78704   [DELETED]   [DELETED]

Moncrief Dialysis Center

 

800 West 34th Street

  Austin   TX   78705   [DELETED]   [DELETED]

Davita Baytown Dialysis # 4437

 

4665 Garth Rd Suite 900

  Baytown   TX   77521   [DELETED]   [DELETED]

Total Renal Care—Bedford Dba: Heb Dialysis Center

 

1401 Brown Trl Ste A

 

Bedford
  TX   76022   [DELETED]   [DELETED]

Davita—Beeville

 

100 West Huntington Street

  Beeville   TX   78102   [DELETED]   [DELETED]

Davita S. Ft Worth Dialysis # 2220

 

6260 Southwest Blvd

  Benbrook   TX   76109   [DELETED]   [DELETED]

Davita- Boerne Dialysis

 

1369 South Main Street, Suite 101

  Boerne   TX   78006   [DELETED]   [DELETED]

Davita Bonham Dialysis
Center #2125

 

201 West 5th Street

 

Bonham
  TX   75418   [DELETED]   [DELETED]

Davita 3249 Brenham

 

2536 South Day Street

  Brenham   TX   77833   [DELETED]   [DELETED]

Davita Carrollton Dialysis
Center #2209

 

1544 Valwood Parkway, Suite 114

 

Carrollton
  TX   75006   [DELETED]   [DELETED]

Davita—Cedar Park Dialysis

 

1720 E. Whitestone Blvd.

  Cedar Park   TX   78613   [DELETED]   [DELETED]

Davita Cedar Park At Home Dialysis

 

1720 E. Whitestone Blvd

  Cedar Park   TX   78613   [DELETED]   [DELETED]

Davita 3006 Channelview

 

777 Sheldon, Suite C

  Channelview   TX   77530   [DELETED]   [DELETED]

Davita #0919 Cleveland Dialysis Center

 

600 East Houston Street, Suite 630

 

Cleveland
  TX   77327   [DELETED]   [DELETED]

Davita 3248 Bryan College Station

 

701 University Dr E. Ste 401

  College
Station
 

TX
 

77840
  [DELETED]   [DELETED]

Davita 3670 Rock Prairie Road

 

1605 Rock Prairie Road, Suite 101

  College
Station
 

TX
 

77845
  [DELETED]   [DELETED]

Da Vita—Conroe Dialysis

 

500 Medical Center Blvd Ste 175

  Conroe   TX   77304   [DELETED]   [DELETED]

Davita River Park Dialysis
Center #2078

 

2010 S. Loop 336 W. Ste 220

 

Conroe
  TX   77304   [DELETED]   [DELETED]

Davita Oso Bay #2219

 

7502 S. Padre Island Dr

  Corpus
Christi
 

TX
 

78412
  [DELETED]   [DELETED]

Davita Oso Bay At Home #5941

 

7502 S. Padre Island Dr

  Corpus
Christi
 

TX
 

78412
  [DELETED]   [DELETED]

Davita—Cuero Lakeview Kidney Center

 

1105 E. Broadway St.

 

Cuero
  TX   77954   [DELETED]   [DELETED]

Davita #2474 Central Dallas Dialysis Center

 

9500 N. Central Expy Suite 102

 

Dallas
  TX   75231   [DELETED]   [DELETED]

Davita—Lake Cliff Dialysis #2239

 

805 North Beckley Avenue

  Dallas   TX   75203   [DELETED]   [DELETED]

Davita—Oak Cliff Dialysis
Center #421

 

2000 South Llewelin Avenue

 

Dallas
  TX   75224   [DELETED]   [DELETED]

Davita 3455 Dallas East-Utshs Jv

 

3312 N. Buckner Blvd Ste 213

  Dallas   TX   75228   [DELETED]   [DELETED]

Davita Brookriver At Home

 

8101 Brookriver Dr

  Dallas   TX   75247   [DELETED]   [DELETED]

Davita Dallas North #2039

 

11886 Greenville Avenue,
Suite 100b

 

Dallas
 

TX
  75243   [DELETED]   [DELETED]

Davita Ut Southwestern Oakcliff Dialysis Center

 

610 Wynnewood Dr

 

Dallas
  TX   75224   [DELETED]   [DELETED]

Dialysis Specialists of Dallas, Dba: Elmbrook Kidney Center

 

7920 Elmbrook, Suite 108

 

Dallas
  TX   75247   [DELETED]   [DELETED]

Dowtown Dallas Dialysis

 

3515 Swiss Avenue, Suite A

  Dallas   TX   75204   [DELETED]   [DELETED]

Ut Southwestern Dallas Dialysis

 

8230 Elmbrook Dr

  Dallas   TX   75247   [DELETED]   [DELETED]

Davita—Denison At Home

 

1220 Reba Mcentire Lane

  Denison   TX   75020   [DELETED]   [DELETED]

Davita—Denison Dialysis Center

 

1220 Reba Macentire Lane

  Denison   TX   75020   [DELETED]   [DELETED]

Davita 4337 Duncanville Dialysis Center

 

270 E. Highway 67 Ste 100

 

Duncanville
  TX   75137   [DELETED]   [DELETED]

Davita Edna Dialysis Center #2202

 

1008 N. Wells St.

  Edna   TX   77957   [DELETED]   [DELETED]

Ceilo Vista Dialysis

 

7200 Gateway Blvd E. Ste B.

  El Paso   TX   79915   [DELETED]   [DELETED]

Central City Dialysis Center

 

1300 Murchison Dr Ste 320

  El Paso   TX   79902   [DELETED]   [DELETED]

Davita

 

7933 North Mesa

  El Paso   TX   79932   [DELETED]   [DELETED]

Davita—Americas Dialysis # 5012

 

715 N. Americas Ave

  El Paso   TX   79907   [DELETED]   [DELETED]

Davita East

 

11989 Pellicano Drive

  El Paso   TX   79936   [DELETED]   [DELETED]

Davita Sun City Dialysis
Center #2056

 

600 Newman Street

 

El Paso
  TX   79902   [DELETED]   [DELETED]

Davita Transmountain Dialysis
Center #2088

 

5255 Woodrow Bean Transmountain Dr

 



El Paso
 



TX
  79924   [DELETED]   [DELETED]

Mission Hills Dialysis

 

2700 N. Stanton St.

  El Paso   TX   79902   [DELETED]   [DELETED]

 

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Member Name

 

Member Street

  Member
City
  Member
State
  Member
ZIP
  [DELETED]   [DELETED]

Total Renal Care—Loma Vista

 

1382 Lomaland Dr Ste A

  El Paso   TX   79935   [DELETED]   [DELETED]

Total Renal Care—Mesa Vista Dialysis Facility

 

2400 N. Oregon St. Ste C

 

El Paso
  TX   79902   [DELETED]   [DELETED]

West Texas Dialysis

 

1250 E. Cliff Dr Bldg B.

  El Paso   TX   79902   [DELETED]   [DELETED]

Davita 3028 Floresville

 

543 10th St.

  Floresville   TX   78114   [DELETED]   [DELETED]

Davita 3479 Island Dialysis

 

5920 Broadway St.

  Galveston   TX   77551   [DELETED]   [DELETED]

Davita Garland Dialysis Center

 

776 East Centerville Road

  Garland   TX   75041   [DELETED]   [DELETED]

Davita Gilmer Dialysis Center

 

519 North Wood Street

  Gilmer   TX   75644   [DELETED]   [DELETED]

Davita # 0927

 

1406 North Sara Dewitt

  Gonzales   TX   78629   [DELETED]   [DELETED]

Davita Grapevine Dialysis
Center #2154

 

1600 West Northwest Highway,
Suite 100

 



Grapevine
 



TX
  76051   [DELETED]   [DELETED]

Grapevine At Home #6020

 

1600 West Northwest Highway,
Suite 100

 

Grapevine
 

TX
  76051   [DELETED]   [DELETED]

Davita Hearne Dialysis Center # 2438

 

106 Cedar St.

  Hearne   TX   77859   [DELETED]   [DELETED]

Davita Henderson Dialysis Center

 

1002 Highway 79 North

  Henderson   TX   75652   [DELETED]   [DELETED]

Cyfair Dialysis Center

 

9110 Jones Rd Ste 110

  Houston   TX   77065   [DELETED]   [DELETED]

Davita #247 Memorial Dialysis

 

11621 Katy Freeway

  Houston   TX   77079   [DELETED]   [DELETED]

Davita #0930 North Houston Dialysis

 

129 Little York Rd

  Houston   TX   77076   [DELETED]   [DELETED]

Davita #2420 Tc Jester Dialysis

 

1800 W. 26th St. Ste 101

  Houston   TX   77008   [DELETED]   [DELETED]

Davita—Central

 

610 South Wayside Drive, Suite B.

  Houston   TX   77011   [DELETED]   [DELETED]

Davita—Houston Kidney Center—Cypress Station

 

221 Fm 1960 Road West

 

Houston
  TX   77090   [DELETED]   [DELETED]

Davita—Jancinto At Home
Dialysis #6176

 

11515 Market Street Rd

 

Houston
  TX   77029   [DELETED]   [DELETED]

Davita—Lonestar Dialysis Center

 

8560 Monroe Rd

  Houston   TX   77061   [DELETED]   [DELETED]

Davita—Omni

 

9350 Kirby, Suite 110

  Houston   TX   77054   [DELETED]   [DELETED]

Davita 3007 Sagemont

 

10851 Scarsdale Blvd Ste 200

  Houston   TX   77089   [DELETED]   [DELETED]

Davita 3008 San Jacinto

 

11430 I. 10 East Freeway, Suite 330

  Houston   TX   77029   [DELETED]   [DELETED]

Davita 3049 Houston

 

7543 South Fwy

  Houston   TX   77021   [DELETED]   [DELETED]

Davita 3057 Reliant

 

1335 La Concha Lane

  Houston   TX   77054   [DELETED]   [DELETED]

Davita 3064 North Loop East

 

7139 North Loop East

  Houston   TX   77028   [DELETED]   [DELETED]

Davita 6013 Med Center At Home

 

7580 Fannin St. Ste 230

  Houston   TX   77054   [DELETED]   [DELETED]

Davita Bayou City Dialysis
Center #2121

 

10655 Eastex Freeway

 

Houston
  TX   77093   [DELETED]   [DELETED]

Davita Bear Creek Dialysis Center

 

4978 North Highway 6, Suite 1

  Houston   TX   77084   [DELETED]   [DELETED]

Davita Binz #4453

 

1213 Hermann Dr Ste 180

  Houston   TX   77004   [DELETED]   [DELETED]

Davita Binz Hhd/Pd #5945

 

1213 Hermann Dr Ste 180

  Houston   TX   77004   [DELETED]   [DELETED]

Davita Brookhollow Dialysis
Center #2027

 

4918 W. 34th St.

 

Houston
  TX   77092   [DELETED]   [DELETED]

Davita Champions Dialysis
Center #4436

 

4427 Fm 1960rd W. Ste D

 

Houston
  TX   77068   [DELETED]   [DELETED]

Davita Dialysis

 

5610 Almeda Road

  Houston   TX   77004   [DELETED]   [DELETED]

Davita Downtown Houston Dialysis Center #2045

 

2207 Crawford Street

 

Houston
  TX   77002   [DELETED]   [DELETED]

Davita Houston

 

1335 La Concha Ln

  Houston   TX   77054   [DELETED]   [DELETED]

Davita Jacinto Dialysis Center #2047

 

11515 Market Street Rd

  Houston   TX   77029   [DELETED]   [DELETED]

Davita Med-Center At Home #6013

 

5610 Almeda Drive

  Houston   TX   77004   [DELETED]   [DELETED]

Davita Northstar Dialysis Center

 

380 West Little York Rd

  Houston   TX   77076   [DELETED]   [DELETED]

Davita Sage Meadow Dialysis #4495

 

10923 Scarsdale Blvd

  Houston   TX   77089   [DELETED]   [DELETED]

Davita Spring Branch Dialysis
Center #1593

 

1425 Blalock, Suite 100

 

Houston
  TX   77055   [DELETED]   [DELETED]

Davita West Oaks Dialysis #4442

 

14800 Westheimer Rd Suite A

  Houston   TX   77082   [DELETED]   [DELETED]

Davita Willowbrook Dialysis
Center #2101

 

12120 Jones Road, Suite G.

 

Houston
  TX   77070   [DELETED]   [DELETED]

Davita-Cypress Woods Dialysis
Center #2472

 

20320 Northwest Fwy Ste 100

 

Houston
  TX   77065   [DELETED]   [DELETED]

Houston Kidney Center Southwest

 

11111 Brooklet Drive, Building 100, Suite 100

 

Houston
 

TX
  77099   [DELETED]   [DELETED]

Northwest Kidney Center, Llp

 

11029 Northwest Freeway

  Houston   TX   77092   [DELETED]   [DELETED]

Physician Dialysis Inc.—South Houston

 

5989 South Loop East, Southport Business Park

 



Houston
 



TX
  77033   [DELETED]   [DELETED]

Physicians Dialysis, Inc.—North Houston

 

7115 North Loop East, Northport #2

 

Houston
  TX   77028   [DELETED]   [DELETED]

Spring Dialysis

 

607 Timberdale Lane, Suite 100

  Houston   TX   77090   [DELETED]   [DELETED]

Summit Dialysis Center #2089

 

3150 Polk Street

  Houston   TX   77003   [DELETED]   [DELETED]

Davita Deerbrooke Dialysis

 

9660 Fm 1960 Bypass Rd W.

  Humble   TX   77338   [DELETED]   [DELETED]

Davita 3250 Huntsville

 

521 Interstate Highway 45 Ste 20

  Huntsville   TX   77340   [DELETED]   [DELETED]

Davita—Mid-Cities At Home

 

125 East Harwood Road, Suite 117

  Hurst   TX   76054   [DELETED]   [DELETED]

Davita—Mid-Cities Dialysis Center

 

117 East Harwood Road

  Hurst   TX   76054   [DELETED]   [DELETED]

Davita #0240 Katy Dialysis Center

 

403 W. Grand Pkwy S. Suite T.

  Katy   TX   77494   [DELETED]   [DELETED]

Davita Katy Cinco Ranch #3065

 

1265 Rock Canyon Dr

  Katy   TX   77450   [DELETED]   [DELETED]

Davita Katy Grand Parkway
Dialysis #0246

 

403 W. Grand Pkwy S. Suite T.

 

Katy
  TX   77494   [DELETED]   [DELETED]

 

Page 58 of 66


Member Name

 

Member Street

  Member
City
  Member
State
  Member
ZIP
  [DELETED]   [DELETED]

Davita Pin Oak Dialysis

 

1302 Pin Oak Road

  Katy   TX   77494   [DELETED]   [DELETED]

Davita Kaufman Dialysis Center #4309

 

2851 Millennium Dr

  Kaufman   TX   75142   [DELETED]   [DELETED]

Davita #3027

 

515 Granda Pl

  Kerrville   TX   78028   [DELETED]   [DELETED]

Davita—Kerrville At Home

 

515 Granada Pl, Suite A

  Kerrville   TX   78028   [DELETED]   [DELETED]

Kilgore Dialysis Center #2068

 

209 Highway 42 North

  Kilgore   TX   75662   [DELETED]   [DELETED]

Total Renal Care—Kingwood

 

2300 Green Oak Dr Ste 500

  Kingwood   TX   77339   [DELETED]   [DELETED]

Davita 3478 Mainland Dialysis

 

2600 Gulf Fwy

  La
Marque
 

TX
 

77568
  [DELETED]   [DELETED]

Davita Lancater Dialysis Center #2156

 

2424 W. Pleasant Run Rd

  Lancaster   TX   75146   [DELETED]   [DELETED]

Davita Meridian Dialysis Center #2098

 

201 West Fairmont Parkway, Suite A

  Laporte   TX   77571   [DELETED]   [DELETED]

Davita South Shore Dialysis Center #2116

 

212 Gulf Freeway, Suite G-3

 

League
City
 

TX
 

77573
  [DELETED]   [DELETED]

Davita Live Oak Dialysis # 914

 

6700 Randolph Blvd Suite 101

  Live Oak   TX   78233   [DELETED]   [DELETED]

Davita- Livingston Dialysis Center

 

209 West Park Drive

  Livingston   TX   77351   [DELETED]   [DELETED]

Davita Longview

 

425 N. Fredonia St. Ste 300

  Longview   TX   75601   [DELETED]   [DELETED]

Davita Longview At Home

 

425 North Fredonia

  Longview   TX   75601   [DELETED]   [DELETED]

Fourth Street Dialysis

 

3101b North 4th Street

  Longview   TX   75605   [DELETED]   [DELETED]

Davita Lufkin At Home Dialysis

 

700 S. John Redditt Dr

  Lufkin   TX   75904   [DELETED]   [DELETED]

Davita Lufkin Dialysis

 

700 South John Redditt Drive

  Lufkin   TX   75904   [DELETED]   [DELETED]

Davita Magnolia Dialysis

 

17649 Fm 1488 Rd

  Magnolia   TX   77354   [DELETED]   [DELETED]

Davita Mansfield Dialysis Center

 

987 North Walnut Creek Drive, Suite 101

 

Mansfield
 

TX
  76063   [DELETED]   [DELETED]

Davita—Marshall Dialysis

 

1301 South Washington

  Marshall   TX   75670   [DELETED]   [DELETED]

Davita—Pinecrest Dialysis
Center #2083

 

913 East Pinecrest Drive

 

Marshall
  TX   75670   [DELETED]   [DELETED]

Davita #2387

 

1203 St. Claire Blvd Ste 9b

  Mission   TX   78572   [DELETED]   [DELETED]

Davita—New Braunfels Dialysis

 

900 Loop 337 Rd

  New
Braunfels
 

TX
 

78130
  [DELETED]   [DELETED]

Davita- North Hills Dialysis

 

7927 Blvd 26

  North
Richland
Hills
 



TX
 



76180
  [DELETED]   [DELETED]

Davita # 0477 Pearland Dialysis

 

6516 Broadway St. Ste 122

  Pearland   TX   77581   [DELETED]   [DELETED]

Davita 3029 Pearsall

 

1305 N. Oak St.

  Pearsall   TX   78061   [DELETED]   [DELETED]

Davita 2267 Plano Dialysis

 

481 Shiloh Rd

  Plano   TX   75074   [DELETED]   [DELETED]

Davita Plano At Home #5942

 

481 Shilo Rd Ste 100

  Plano   TX   75074   [DELETED]   [DELETED]

Davita West Plano Dialysis Center #4412

 

5036 Tennyson Pkwy

 

Plano
  TX   75024   [DELETED]   [DELETED]

Davita—Port Lavaca Dialysis #1913

 

1300 N. Virginia St. Ste 102

  Port
Lavaca
 

TX
 

77979
  [DELETED]   [DELETED]

Davita Rockport Dialysis Center #2413

 

2102 Fm2165

  Rockport   TX   78382   [DELETED]   [DELETED]

Davita Rockwall

 

2455 Ridge Rd Ste 101

  Rockwall   TX   75087   [DELETED]   [DELETED]

Davita -Southwest San Antonio Dialysis

 

7515 Barlite Blvd

 

San
Antonio
 

TX
 

78224
  [DELETED]   [DELETED]

Davita 3048 San Antonio

 

4151 Callaghan Rd Ste 101

  San
Antonio
 

TX
 

78228
  [DELETED]   [DELETED]

Davita 3062 San Antonio Southwest

 

1620 Somerset Rd

  San
Antonio
 

TX
 

78211
  [DELETED]   [DELETED]

Davita Downtown San Antonio

 

615 East Quincy

  San
Antonio
 

TX
 

78215
  [DELETED]   [DELETED]

Davita Floyd Curl Dialysis #4433

 

9238 Floyd Curl Dr Ste 102

  San
Antonio
 

TX
 

78240
  [DELETED]   [DELETED]

Davita Las Palmas Dialysis
Center #2194

 

803 Castroville Road, #415

 

San
Antonio
 

TX
 

78237
  [DELETED]   [DELETED]

Davita Marymont Dialysis
Center #2191

 

2391 North East Loop 410, Suite 211

 

San
Antonio
 

TX
 

78217
  [DELETED]   [DELETED]

Davita Northwest Medical Center Dialysis #2192

 

5284 Medical Drive, Suite 100

 

San
Antonio
 

TX
 

78229
  [DELETED]   [DELETED]

Davita Rivercenter Dialysis
Center #2190

 

1123 North Main Street, Suite 150

 

San
Antonio
 

TX
 

78212
  [DELETED]   [DELETED]

Davita San Antonio At Home

 

5284 Medical Drive, Suite 100

  San
Antonio
 

TX
 

78229
  [DELETED]   [DELETED]

Davita South San Antonio Dialysis

 

1313 Southeast Military Drive, Suite 111

 

San
Antonio
 



TX
 



78214
  [DELETED]   [DELETED]

Davita Southcross Dialysis Center #2193

 

4602 East Southcross Boulevard

 

San
Antonio
 

TX
 

78222
  [DELETED]   [DELETED]

 

Page 59 of 66


Member Name

 

Member Street

  Member City   Member
State
  Member
ZIP
  [DELETED]   [DELETED]

Davita Southwest San Antonio Dialysis

 

7515 Barlite Boulevard

 

San Antonio
  TX   78224   [DELETED]   [DELETED]

Total Renal Care-Northwest San Antonio

 

8132 Fredericksburg Road

 

San Antonio
  TX   78229   [DELETED]   [DELETED]

Davita Hill Country Dialysis

 

1820 Peter Garza Street

  San Marcos   TX   78666   [DELETED]   [DELETED]

Davita 2339 Sealy Dialysis Center

 

2242 Championship Dr

  Sealy   TX   77474   [DELETED]   [DELETED]

Davita 6215 Woodlands At Home Dialysis

 

9301 Pinecroft Dr Ste 130

 

Shenandoah
  TX   77380   [DELETED]   [DELETED]

Davita #0923 Sherman Dialysis Center

 

205 West Lamberth Road

 

Sherman
  TX   75092   [DELETED]   [DELETED]

Davita—First Colony Dialysis.

 

1447 Highway 6 Ste 140

  Sugar Land   TX   77478   [DELETED]   [DELETED]

Davita Taylor Dialysis Center #2437

 

3100 W. 2nd

  Taylor   TX   76574   [DELETED]   [DELETED]

Davita #0932 Tomball

 

27720 State Pkwy

  Tomball   TX   77375   [DELETED]   [DELETED]

Davita—Victoria Dialysis

 

1405 Victoria Station Drive

  Victoria   TX   77901   [DELETED]   [DELETED]

Davita—Woodlands Dialysis Center

 

9301 Pinecroft Drive, Suite 130

  Woodlands   TX   77380   [DELETED]   [DELETED]

Davita- Lone Peak Dialysis Center

 

1175 East 50 South, Suite 111

  American Fork   UT   84003   [DELETED]   [DELETED]

Davita Weber Valley At
Home #5966 Dialysis

 

1920 W. 250th N.

 

Ogden
  UT   84404   [DELETED]   [DELETED]

Davita Weber Valley Dialysis

 

1920 W. 250th N.

  Ogden   UT   84404   [DELETED]   [DELETED]

Davita Utah Valley Dialysis

 

1055 North 500 West, Suite 221

  Provo   UT   84604   [DELETED]   [DELETED]

Davita Utah Valley Dialysis At Home #6014

 

1055 North 500 West, Suite 221

 

Provo
  UT   84604   [DELETED]   [DELETED]

Davita Wasatch Acute Dialysis

 

1055 North 500 West, Suite 222

  Provo   UT   84604   [DELETED]   [DELETED]

Davita Bountiful Dialysis

 

724 West 500 South, Suite 300

  West
Bountiful
 

UT
 

84087
  [DELETED]   [DELETED]

Davita West Bountiful Dialysis At Home

 

724 West 500 South, Suite 300

 

West
Bountiful
 

UT
 

84087
  [DELETED]   [DELETED]

Continental Dialysis Center—Alexandria

 

5999 Stevenson Avenue, Suite 100

 

Alexandria
  VA   22304   [DELETED]   [DELETED]

Davita 3273 Alexandria

 

5150 Duke St.

  Alexandria   VA   22304   [DELETED]   [DELETED]

Davita Franconia Dialysis
Center #2040

 

5695 King Centre Drive, 1st Floor

 

Alexandria
  VA   22315   [DELETED]   [DELETED]

Davita 3708 Amelia Dialysis

 

15151 Patrick Henry Highway

  Amelia   VA   23002   [DELETED]   [DELETED]

Davita- Amelia At Home

 

15151 Patrick Henry Highway

  Amelia   VA   23002   [DELETED]   [DELETED]

Davita 3757 Arlington

 

1701 North George Mason Drive

  Arlington   VA   22205   [DELETED]   [DELETED]

Davita—Charlottesville North

 

1800 Timberwood Boulevard

  Charlottesville   VA   22911   [DELETED]   [DELETED]

Davita 3272 Charlottesville

 

1460 Pantops Mountain Pl

  Charlottesville   VA   22911   [DELETED]   [DELETED]

Davita N. Charlottesville At Home

 

1800 Timberwood Boulevard,
Suite C

 

Charlottesville
 

VA
  22911   [DELETED]   [DELETED]

Davita #0908 Chesapeake

 

1400 Crossways Boulevard, Crossways Ii, Suite 106

 

Chesapeake
 

VA
  23320   [DELETED]   [DELETED]

Davita-Great Bridge Dialysis—Total Renal Care

 

745 Battlefield Blvd N. Ste 100

 

Chesapeake
  VA   23320   [DELETED]   [DELETED]

Davita 3715 Chester

 

10360 Iron Bridge Road, Chesterfield Meadows West

 

Chester
 

VA
  23831   [DELETED]   [DELETED]

Davita 3762 Covington

 

2504 Valley Ridge Rd

  Covington   VA   24426   [DELETED]   [DELETED]

Davita 3763 Culpepper

 

430 Southridge Pkwy

  Culpeper   VA   22701   [DELETED]   [DELETED]

Meherrin Dialysis Center, Inc.

 

201-A Weaver Avenue

  Emporia   VA   23847   [DELETED]   [DELETED]

Davita Fairfax At Home

 

8501 Arlington Blvd Ste 100

  Fairfax   VA   22031   [DELETED]   [DELETED]

Davita of Fairfax

 

8501 Arlington Boulevard,
Suite 100

 

Fairfax
 

VA
  22031   [DELETED]   [DELETED]

Fair Oaks Dialysis Center

 

3955 Pender Drive, One Pender Business Park

 

Fairfax
 

VA
  22030   [DELETED]   [DELETED]

Front Royal Dialysis Center

 

1077 D Shenandoah Avenue

  Front Royal   VA   22630   [DELETED]   [DELETED]

Davita Haymarket Dialysis #2268

 

14664 Gap Way

  Gainesville   VA   20155   [DELETED]   [DELETED]

Davita Butler Farm At Home

 

501 Butler Farms Rd.

  Hampton   VA   23666   [DELETED]   [DELETED]

Davita- Butler Farm #2421

 

501 Butler Farm

  Hampton   VA   23666   [DELETED]   [DELETED]

Davita—Harrisonburh At Home

 

871 Cantrell Ave.,Suite 100

  Harrisonburg   VA   22801   [DELETED]   [DELETED]

Davita 3765 Harrisonburg

 

871 Cantrell Ave Ste 100

  Harrisonburg   VA   22801   [DELETED]   [DELETED]

Davita—Hopewell Dialysis

 

301 West Broadway

  Hopewell   VA   23860   [DELETED]   [DELETED]

Davita 4395 Leesburg Dialysis Center

 

224d Cornwall St. Nw Suite 100

 

Leesburg
  VA   20176   [DELETED]   [DELETED]

Davita 3766 Lexington

 

756 North Lee Highway

  Lexington   VA   24450   [DELETED]   [DELETED]

Davita—Manassas

 

10655 Lamond Drive, Suite 101

  Manassas   VA   20109   [DELETED]   [DELETED]

Davita 4058 Martinsville

 

33 Bridge Street, Suite A

  Martinsville   VA   24112   [DELETED]   [DELETED]

Davita 3482 Mechanicsville

 

8191 Atlee Rd

  Mechanicsville   VA   23116   [DELETED]   [DELETED]

Davita 3463 Midlothian

 

14281 Midlothian Turnpike, Building B.

 

Midlothian
 

VA
  23113   [DELETED]   [DELETED]

Davita Charter Colony Dialysis Center

 

2312 Colony Crossing Place

 

Midlothian
  VA   23112   [DELETED]   [DELETED]

Davita—Peninsula Dialysis
Center #1545

 

716 Denbigh Blvd, Suite D1

 

Newport News
  VA   23608   [DELETED]   [DELETED]

 

Page 60 of 66


Member Name

 

Member Street

  Member
City
  Member
State
  Member
ZIP
  [DELETED]   [DELETED]

Davita Jefferson Avenue Dialysis #4440

 

11234 Jefferson Ave

 

Newport
News
 

VA
 

23601
  [DELETED]   [DELETED]

Davita Newport News Dialysis

 

711 79th Street

  Newport
News
 

VA
 

23605
  [DELETED]   [DELETED]

Davita #2150

 

2201 Colonial Ave

  Norfolk   VA   23517   [DELETED]   [DELETED]

Davita Leigh Kempsville Dialysis Center

 

420 North Center Drive, Suite 128, Building 11

 



Norfolk
 



VA
  23502   [DELETED]   [DELETED]

Norfolk Dialysis Center—A Total Renal Care Facility

 

962 Norfolk Square

 

Norfolk
  VA   23502   [DELETED]   [DELETED]

Appomattox Dialysis Center

 

15 West Old Street

  Petersburg   VA   23803   [DELETED]   [DELETED]

Davita—Greater Portsmouth Dialysis Center #1544

 

3516 Queen Street

 

Portsmouth
  VA   23707   [DELETED]   [DELETED]

Davita—Portsmouth Dialysis Center #2014

 

2000 High Street

 

Portsmouth
  VA   23704   [DELETED]   [DELETED]

Davita Purcellville At Home

 

280 Hatcher Avenue

  Purcellville   VA   20132   [DELETED]   [DELETED]

Purcellville Dialysis Center of Total Renal Care

 

280 North Hatcher Avenue

 

Purcellville
  VA   20132   [DELETED]   [DELETED]

Davita 3609 Radford

 

600 East Main Street, Suite F.

  Radford   VA   24141   [DELETED]   [DELETED]

Davita Radford At Home

 

600 East Main Street, Suite F.

  Radford   VA   24141   [DELETED]   [DELETED]

Reston Dialysis Center #2059

 

1875 Campus Commons Drive,
Suite 110

 

Reston
 

VA
  20191   [DELETED]   [DELETED]

Davita 3417 Richmond Westwood

 

5270 Chamberlayne Rd

  Richmond   VA   23227   [DELETED]   [DELETED]

Davita Hioaks #3733

 

671 Hioaks Rd Ste A

  Richmond   VA   23225   [DELETED]   [DELETED]

Davita Hioaks Pd #3735

 

681 Hioaks Rd Ste B.

  Richmond   VA   23225   [DELETED]   [DELETED]

Davita Three Chopt Rd #3732

 

8813 Three Chopt Rd

  Richmond   VA   23229   [DELETED]   [DELETED]

East End Dialysis Center of Total Renal Care, Inc.

 

2201 East Main Street, Suite 100

 

Richmond
  VA   23223   [DELETED]   [DELETED]

Total Renal Care At Richmond Community

 

1510 North 28th Street, Suite 110

 

Richmond
  VA   23223   [DELETED]   [DELETED]

Continental Dialysis Center—Springfield Trc

 

8350a Traford Lane

 

Springfield
  VA   22152   [DELETED]   [DELETED]

Davita Garrisonville

 

70 Doc Stone Road, Suite 101

  Stafford   VA   22556   [DELETED]   [DELETED]

Davita 3761 Staunton Dialysis

 

29 Idlewood Blvd

  Staunton   VA   24401   [DELETED]   [DELETED]

Davita #0684 Sterling Dialysis Center

 

46396 Benedict Drive, Suite 100

  Sterling   VA   20164   [DELETED]   [DELETED]

Davita Harbor View Dialysis Center #2069

 

1039 Champions Way

 

Suffolk
  VA   23435   [DELETED]   [DELETED]

Davita 3701 Tysons Corner

 

8391 Old Courthouse Road,
Suite 160

 

Vienna
 

VA
  22182   [DELETED]   [DELETED]

Davita Tyson’s Corner At Home

 

8391 Old Courthouse Road,
Suite 160

 

Vienna
 

VA
  22182   [DELETED]   [DELETED]

Davita #0909 Virginia Beach

 

740 Independence Cir

  Virginia
Beach
 

VA
 

23455
  [DELETED]   [DELETED]

Davita At Home—First
Colonial #6017

 

1157 First Colonial Road, Suite 200

 

Virginia
Beach
 

VA
 

23454
  [DELETED]   [DELETED]

Davita Camelot Dialysis

 

1800 Camelot Dr Ste 100

  Virginia
Beach
 

VA
 

23454
  [DELETED]   [DELETED]

Davita First Landing Dialysis Center

 

1745 Camelot Drive, Suite 100

  Virginia
Beach
 

VA
 

23454
  [DELETED]   [DELETED]

Davita Williamsburg At Home

 

500 Sentara Circle, Ste 103.

  Williamsburg   VA   23188   [DELETED]   [DELETED]

Davita Williamsburg Dialysis Center

 

500 Sentara Cir Ste 103

  Williamsburg   VA   23188   [DELETED]   [DELETED]

Davita #1770 Winchester

 

2301 Valor Dr

  Winchester   VA   22601   [DELETED]   [DELETED]

Davita—Dbacontinental Dialysis Center—Woodbridge Dialysis

 

2751 Killarney Drive

 

Woodbridge
  VA   22192   [DELETED]   [DELETED]

Davita #2060—Bellevue Dialysis Center

 

3535 Factoria Boulevard South East, Suite 150

 



Bellevue
 



WA
  98006   [DELETED]   [DELETED]

Davita Washington Acutes Dialysis

 

3535 Factoria Blvd Se Ste 150

  Bellevue   WA   98006   [DELETED]   [DELETED]

Davita Mill Creek Dialysis Center #4317

 

18001 Bothell Everett Hwy Ste 112

 

Bothell
  WA   98012   [DELETED]   [DELETED]

Davita 2368 Ellensburg Dialysis

 

2101 W. Dolarway Rd Suite 1

  Ellensburg   WA   98926   [DELETED]   [DELETED]

Davita Everett Dialysis Center 4373

 

8130 Evergreen Way Ste C

  Everett   WA   98203   [DELETED]   [DELETED]

Davita Federal Way Dialysis

 

1015 South 348th Street

  Federal Way   WA   98003   [DELETED]   [DELETED]

Davita—Graham Dialysis # 2173

 

10219 196th Street Ct E. Ste C

  Graham   WA   98338   [DELETED]   [DELETED]

Kent Community Dialysis

 

21501 84th Avenue South

  Kent   WA   98032   [DELETED]   [DELETED]

Lakewood Community Dialysis Center

 

5919 Lakewood Town Center Boulevard, Suite A

 



Lakewood
 



WA
  98499   [DELETED]   [DELETED]

Davita Sea View Dialysis
Center #2470

 

101 18th Ave S.

 

Long Beach
  WA   98631   [DELETED]   [DELETED]

Davita Whidbey Island
Dialysis #4372

 

32650 Sate Rd 20 Bldg E.

 

Oak Harbor
  WA   98277   [DELETED]   [DELETED]

 

Page 61 of 66


Member Name

 

Member Street

  Member
City
  Member
State
  Member
ZIP
  [DELETED]   [DELETED]

Davita Olympia At Home Dialysis #5954

 

335 Cooper Point Rd Nw Ste 1

 

Olympia
  WA   98502   [DELETED]   [DELETED]

Davita Olympia Dialysis Center #4316

 

335 Cooper Point Rd Nw

  Olympia   WA   98502   [DELETED]   [DELETED]

Davita—Mid Columbia At Home

 

6825 Burden Boulevard, Suite A

  Pasco   WA   99301   [DELETED]   [DELETED]

Davita Mid-Columbia Kidney Center

 

6825 Burden Boulevard, Suite A

  Pasco   WA   99301   [DELETED]   [DELETED]

Davita—Puyallup Dialysis #146

 

716-C South Hill Park

  Puyallup   WA   98373   [DELETED]   [DELETED]

Davita # 5924 Chinook Kidney At Home

 

1315 Aaron Dr Bldg C1

 

Richland
  WA   99352   [DELETED]   [DELETED]

Davita #2402 Chinook Kidney

 

1315 Aaron Dr Bldg C1

  Richland   WA   99352   [DELETED]   [DELETED]

Davita Olympic View At Home

 

125 16th Avenue E, 5th Floor

  Seattle   WA   98112   [DELETED]   [DELETED]

Davita Westwood Dialysis Center #551

 

2615 Southwest Trenton Street

 

Seattle
  WA   98126   [DELETED]   [DELETED]

Olympic View Dialysis Center

 

125 16th Ave E. Csb Fl 5th

  Seattle   WA   98112   [DELETED]   [DELETED]

Westwood At Home #6018

 

2615 Southwest Trenton Street

  Seattle   WA   98126   [DELETED]   [DELETED]

Davita Mount Adams Kidney Center

 

3220 Picard Pl

  Sunnyside   WA   98944   [DELETED]   [DELETED]

Davita Tacoma Center #2077

 

3401 South 19th Street

  Tacoma   WA   98405   [DELETED]   [DELETED]

Union Gap Dialysis Center #2023

 

1236 Ahtanum Ridge Business Park

  Union Gap   WA   98903   [DELETED]   [DELETED]

Davita Vancouver Dialysis

 

9120 Ne Vancouver Mall Drive, Suite 160

 

Vancouver
 

WA
  98662   [DELETED]   [DELETED]

Davita Yakima Dialysis Center #1539

 

1221 North 16th Avenue

  Yakima   WA   98902   [DELETED]   [DELETED]

Davita Dialysis—Amery

 

970 Elden Ave

  Amery   WI   54001   [DELETED]   [DELETED]

Davita- Amery Pd # 1966 Dialysis

 

970 Elden Ave

  Amery   WI   54001   [DELETED]   [DELETED]

Davita 3416 Brookfield

 

19395 West Capital Drive, Suite 100

  Brookfield   WI   53045   [DELETED]   [DELETED]

Davita 3339 Cedarburg

 

North 54 West 6135 Mill Street

  Cedarburg   WI   53012   [DELETED]   [DELETED]

Davita Fox River Dialysis Center
At Home

 

1910 Riverside Drive

 

Green Bay
  WI   54301   [DELETED]   [DELETED]

Davita Fox River Dialysis
Center, #1744

 

1910 Riverside Drive

 

Green Bay
  WI   54301   [DELETED]   [DELETED]

Davita Titletown Dialysis
Center, #1745

 

120 Siegler Street

 

Green Bay
  WI   54303   [DELETED]   [DELETED]

Davita 3642 Janesville

 

1305 Woodman Rd

  Janesville   WI   53545   [DELETED]   [DELETED]

Davita 3070 Loomis Road

 

4120 W. Loomis Rd

  Milwaukee   WI   53221   [DELETED]   [DELETED]

Davita 3169 Wisconsin Ave

 

3801 West Wisconsin Avenue

  Milwaukee   WI   53208   [DELETED]   [DELETED]

Davita 3171 Rivercenter

 

117 N. Jefferson Street

  Milwaukee   WI   53202   [DELETED]   [DELETED]

Davita Bay Shore Dialysis #5566

 

5650 N. Green Bay Ave

  Milwaukee   WI   53209   [DELETED]   [DELETED]

Davita Bluemound Dialysis # 5568

 

601 N. 99th St. Ste 100

  Milwaukee   WI   53226   [DELETED]   [DELETED]

Davita Humbolt Ridge Dialysis #5564

 

2211 N. Humboldt Blvd

  Milwaukee   WI   53212   [DELETED]   [DELETED]

Davita South Ridge Dialysis #5567

 

4848 S. 76th St. Ste 100

  Milwaukee   WI   53220   [DELETED]   [DELETED]

Davita West Appleton Dialysis #5565

 

10130 W. Appleton Ave

  Milwaukee   WI   53225   [DELETED]   [DELETED]

Davita #2406 Oak Creek Dialysis

 

8201 S. Howell Ave Ste 600

  Oak Creek   WI   53154   [DELETED]   [DELETED]

Davita Northwoods Dialysis
Center, #1746

 

West 7305 Elm Avenue

 

Shawano
  WI   54166   [DELETED]   [DELETED]

St. Croix Falls Dialysis—Total Renal Care

 

744 Louisiana East

 

St. Croix
Falls
 

WI
 

54024
  [DELETED]   [DELETED]

Davita Bluemound At Home # 5939

 

601 N. 99th St. Ste 110

  Wauwatosa   WI   53226   [DELETED]   [DELETED]

Davita Bluemound Pd #5569

 

601 North 99th Street, Suite 300

  Wauwatosa   WI   53226   [DELETED]   [DELETED]

Davita Dialysis #1069 Dba: Pdi Camc Acutes

 

501 Morris Street

 

Charleston
  WV   25301   [DELETED]   [DELETED]

Davita 3764 Greenbrier

 

129 Seneca Trail

  Lewisburg   WV   24901   [DELETED]   [DELETED]

Davita #1582

 

300 Prosperity Ln

  Logan   WV   25601   [DELETED]   [DELETED]

Davita Parkersburg #3494

 

1824 Murdoch Avenue, Suite 44

  Parkersburg   WV   26101   [DELETED]   [DELETED]

 

Page 62 of 66


Exhibit D

Designated Managed Centers

 

     Contract
Number
    Member
Name
    Member
Street
    Member
City
    Member
State
    Member
ZIP
    [DELETED]     [DELETED]  

[DELETED]

     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED

[DELETED]

     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED

[DELETED]

     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED

[DELETED]

     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED

[DELETED]

     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED

[DELETED]

     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED

[DELETED]

     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED

[DELETED]

     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED

[DELETED]

     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED

[DELETED]

     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED

[DELETED]

     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED

[DELETED]

     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED

[DELETED]

     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED

[DELETED]

     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED

[DELETED]

     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED     [DELETED

 

Page 63 of 66


Schedule 1

Data

 

1. Facility ID;

 

2. [DELETED];

 

3. [DELETED].

 

4. [DELETED].

 

5. Number of patients [DELETED];

 

6. All [DELETED] for each patient by Patient ID;

 

7. Each [DELETED] for each patient [DELETED] with date (Example: [DELETED]);

 

8. [DELETED] for each patient once per [DELETED];

 

9. [DELETED] with date;

 

10. [DELETED] for each patient;

 

11. [DELETED] for each patient;

 

12. [DELETED] for each patient;

 

13. [DELETED] for each patient;

 

14. [DELETED];

 

15. [DELETED];

 

16. [DELETED];

 

17. [DELETED];
18. [DELETED];

 

19. [DELETED] should not be reflected in this field;

 

20. [DELETED];

 

21. [DELETED];

 

22. [DELETED]; and

 

23. [DELETED].

 

Page 64 of 66


Schedule 2

Compensation Data

Product Data Submission Requirements. Compensation Data shall be sent in either Excel or a tab-delimited text file to the following email address: salesadj@amgen.com. The file naming convention shall include the Dialysis Center name, Product, and data month and year (i.e. DaVita_Epogen_January_2011). Dialysis Center must supply all of the information set forth in the table below.

 

ID

  

Data Field Name

  

Data Field Description

1    Unique Account Identifier    DaVita’s numeric identifier for each account
(PFac & OFac)
2    Account Name    Account requesting Product
3    Account Street Address    Account requesting Product
4    Account City    Account requesting Product
5    Account State    Account requesting Product
6    Account zip    Account requesting Product
7    Dispensing Pharmacy for Product    DaVita’s numeric identifier for location that has dispensed the Product
8    Product NDC Number   
9    Product Description    Name of Product including strength (Label Name)
10    Quantity Shipped   
11    Unit Of Measure    Tabs, bottles, vials, etc.
12    Product shipped/dispensed date   

 

Page 65 of 66


Schedule 3

Initial Materials

 

[DELETED]

  

[DELETED]

[DELETED]

   [DELETED]

[DELETED]

   [DELETED]

[DELETED]

   [DELETED]

[DELETED]

   [DELETED]

[DELETED]

   [DELETED]

[DELETED]

   [DELETED]

[DELETED]

   [DELETED]

 

* The [DELETED].

 

[DELETED]

  

[DELETED]

[DELETED]

   [DELETED]

[DELETED]

   [DELETED]

[DELETED]

   [DELETED]

[DELETED]

   [DELETED]

[DELETED]

   [DELETED]

[DELETED]

   [DELETED]

[DELETED]

   [DELETED]

[DELETED]

   [DELETED]

[DELETED]

   [DELETED]

[DELETED]

   [DELETED]

[DELETED]

  

[DELETED]

   [DELETED]

[DELETED]

   [DELETED]

[DELETED]

   [DELETED]

[DELETED]

   [DELETED]

[DELETED]

   [DELETED]

[DELETED]

  

 

Page 66 of 66

Computation of Ratio of Earnings to Fixed Charges

Exhibit 12.1

DAVITA INC.

RATIO OF EARNINGS TO FIXED CHARGES

The ratio of earnings to fixed charges is computed by dividing earnings by fixed charges. Earnings for this purpose are defined as pretax income from continuing operations adjusted by adding back fixed charges expensed during the period less noncontrolling interests. Fixed charges include debt expense (interest expense and the amortization of deferred financing costs), the estimated interest component of rent expense on operating leases, and capitalized interest.

 

     Year ended December 31,  
     2010     2009     2008     2007     2006  
     (dollars in thousands)  

Earnings adjusted for fixed charges:

          

Income from continuing operations before income taxes

   $ 744,458      $ 758,224      $ 656,791      $ 674,224      $ 513,900   

Add:

          

Debt expense

     181,607        185,755        224,716        257,147        276,706   

Interest portion of rent expense

     87,116        81,122        72,562        64,613        60,395   

Less: Noncontrolling interests

     (79,405     (57,803     (47,331     (46,702     (38,141
                                        
     189,318        209,074        249,947        275,058        298,960   
                                        
   $ 933,776      $ 967,298      $ 906,738      $ 949,282      $ 812,860   
                                        

Fixed charges:

          

Debt expense

   $ 181,607      $ 185,755      $ 224,716      $ 257,147      $ 276,706   

Interest portion of rent expense

     87,116        81,122        72,562        64,613        60,395   

Capitalized interest

     2,621        3,627        4,189        3,878        4,708   
                                        
   $ 271,344      $ 270,504      $ 301,467      $ 325,638      $ 341,809   
                                        

Ratio of earnings to fixed charges

     3.44        3.58        3.01        2.92        2.38   
                                        
List of our Subsidiaries

Exhibit 21.1

SUBSIDIARIES OF THE COMPANY

 

Name

   Structure    Jurisdiction
of
Incorporation
 

Aberdeen Dialysis, LLC

   Limited Liability Company      DE   

Alamosa Dialysis, LLC

   Limited Liability Company      DE   

American Fork Dialysis, LLC

   Limited Liability Company      DE   

Amery Dialysis, LLC

   Limited Liability Company      DE   

Animas Dialysis, LLC

   Limited Liability Company      DE   

Arcadia Gardens Dialysis, LLC

   Limited Liability Company      DE   

Astro, Hobby, West Mt. Renal Care Limited Partnership

   Limited Partnership      DE   

Austin Dialysis Centers, L.P.

   Limited Partnership      DE   

Bear Creek Dialysis, L.P.

   Limited Partnership      DE   

Beverly Hills Dialysis Partnership

   Partnership      CA   

Bluegrass Dialysis, LLC

   Limited Liability Company      DE   

Bright Dialysis Center, LLC

   Limited Liability Company      DE   

Brighton Dialysis Center, LLC

   Limited Liability Company      DE   

Bruno Dialysis, LLC

   Limited Liability Company      DE   

Buford Dialysis, LLC

   Limited Liability Company      DE   

Canyon Springs Dialysis, LLC

   Limited Liability Company      DE   

Capelville Dialysis, LLC

   Limited Liability Company      DE   

Capital Dialysis Partnership

   Partnership      CA   

Carroll County Dialysis Facility Limited Partnership

   Limited Partnership      MD   

Cascades Dialysis, LLC

   Limited Liability Company      DE   

Centennial LV, LLC

   Limited Liability Company      DE   

Central Carolina Dialysis Centers, LLC

   Limited Liability Company      DE   

Central Georgia Dialysis, LLC

   Limited Liability Company      DE   

Central Iowa Dialysis Partners, LLC

   Limited Liability Company      DE   

Central Kentucky Dialysis Centers, LLC

   Limited Liability Company      DE   

Cerito Dialysis Partners, LLC

   Limited Liability Company      DE   

Champions Dialysis, LLC

   Limited Liability Company      DE   

Chicago Heights Dialysis, LLC

   Limited Liability Company      DE   

Chipeta Dialysis, LLC

   Limited Liability Company      DE   

Clinton Township Dialysis, LLC

   Limited Liability Company      DE   

Columbus-RNA-DaVita, LLC

   Limited Liability Company      DE   

Commerce Township Dialysis Center, LLC

   Limited Liability Company      DE   

Continental Dialysis Center, Inc.

   Corporation      VA   

Continental Dialysis Center of Springfield-Fairfax, Inc.

   Corporation      VA   

Creek Dialysis, LLC

   Limited Liability Company      DE   

Dallas-Fort Worth Nephrology, L.P.

   Limited Partnership      DE   

Dallas-Fort Worth Nephrology II, LLC

   Limited Liability Company      DE   

DaVita Dakota Dialysis Center, LLC

   Limited Liability Company      DE   

DaVita El Paso East, L.P.

   Limited Partnership      DE   

DaVita-Riverside, LLC

   Limited Liability Company      DE   

DaVita-Riverside II, LLC

   Limited Liability Company      DE   

DaVita Rx, LLC

   Limited Liability Company      DE   

DaVita Tidewater, LLC

   Limited Liability Company      DE   

DaVita Tidewater-Virginia Beach, LLC

   Limited Liability Company      DE   

DaVita VillageHealth Insurance of Alabama, Inc.

   Corporation      AL   

 

Page 1 of 6


Name

   Structure    Jurisdiction
of
Incorporation
 

DaVita VillageHealth of Georgia, Inc.

   Corporation      GA   

DaVita VillageHealth of Ohio, Inc.

   Corporation      OH   

DaVita VillageHealth of Virginia, Inc.

   Corporation      VA   

Dialysis of Des Moines, LLC

   Limited Liability Company      DE   

Dialysis of North Atlanta, LLC

   Limited Liability Company      DE   

Dialysis of Northern Illinois, LLC

   Limited Liability Company      DE   

Dialysis Specialists of Dallas, Inc.

   Corporation      TX   

Dolores Dialysis, LLC

   Limited Liability Company      DE   

Downriver Centers, Inc.

   Corporation      MI   

Downtown Houston Dialysis Center, L.P.

   Limited Partnership      DE   

Durango Dialysis Center, LLC

   Limited Liability Company      DE   

DVA Healthcare of Maryland, Inc.

   Corporation      MD   

DVA Healthcare of Massachusetts, Inc.

   Corporation      MA   

DVA Healthcare of New London, LLC

   Limited Liability Company      TN   

DVA Healthcare of Norwich, LLC

   Limited Liability Company      TN   

DVA Healthcare of Pennsylvania, Inc.

   Corporation      PA   

DVA Healthcare of Tuscaloosa, LLC

   Limited Liability Company      TN   

DVA Healthcare Renal Care, Inc.

   Corporation      NV   

DVA Healthcare-Southwest Ohio, LLC

   Limited Liability Company      TN   

DVA Laboratory Services, Inc.

   Corporation      FL   

DVA of New York, Inc.

   Corporation      NY   

DVA Renal Healthcare, Inc.

   Corporation      TN   

DVA/Washington University Healthcare of Greater St. Louis, LLC

   Limited Liability Company      DE   

East End Dialysis Center, Inc.

   Corporation      VA   

East Ft. Lauderdale, LLC

   Limited Liability Company      DE   

East Houston Kidney Center, L.P.

   Limited Partnership      DE   

Elberton Dialysis Facility, Inc.

   Corporation      GA   

Elk Grove Dialysis Center, LLC

   Limited Liability Company      DE   

Empire State DC, Inc.

   Corporation      NY   

Falls Dialysis, LLC

   Limited Liability Company      DE   

Fields Dialysis, LLC

   Limited Liability Company      DE   

Five Star Dialysis, LLC

   Limited Liability Company      DE   

Flamingo Park Kidney Center, Inc.

   Corporation      FL   

Forester Dialysis, LLC

   Limited Liability Company      DE   

Freehold Artificial Kidney Center, LLC

   Limited Liability Company      NJ   

Fullerton Dialysis Center, LLC

   Limited Liability Company      DE   

Gardenside Dialysis, LLC

   Limited Liability Company      DE   

Give Life Dialysis, LLC

   Limited Liability Company      DE   

Grand Home Dialysis, LLC

   Limited Liability Company      DE   

Great Dialysis, LLC

   Limited Liability Company      DE   

Greater Las Vegas Dialysis LLC

   Limited Liability Company      DE   

Greater Los Angeles Dialysis Centers, LLC

   Limited Liability Company      DE   

Green Desert Dialysis, LLC

   Limited Liability Company      DE   

Greenwood Dialysis, LLC

   Limited Liability Company      DE   

Griffin Dialysis, LLC

   Limited Liability Company      DE   

Hanford Dialysis, LLC

   Limited Liability Company      DE   

Hart Dialysis, LLC

   Limited Liability Company      DE   

Hawaiian Gardens Dialysis, LLC

   Limited Liability Company      DE   

 

Page 2 of 6


Name

   Structure    Jurisdiction
of
Incorporation
 

Hills Dialysis, LLC

   Limited Liability Company      DE   

Historic Dialysis, LLC

   Limited Liability Company      DE   

HomeChoice Partners, Inc

   Corporation      DE   

Honey Dialysis, LLC

   Limited Liability Company      DE   

Houston Acute Dialysis, L.P.

   Limited Partnership      DE   

Houston Kidney Center/Total Renal Care Integrated Service Network Limited Partnership

   Limited Partnership      DE   

Huntington Artificial Kidney Center, Ltd.

   Limited Liability Company      NY   

Huntington Park Dialysis, LLC

   Limited Liability Company      DE   

Indian River Dialysis Center, LLC

   Limited Liability Company      DE   

Ionia Dialysis, LLC

   Limited Liability Company      DE   

Jedburg Dialysis, LLC

   Limited Liability Company      DE   

Kidney Centers of Michigan, LLC

   Limited Liability Company      DE   

Kidney Home Center, LLC

   Limited Liability Company      DE   

Knickerbocker Dialysis, Inc.

   Corporation      NY   

Las Vegas Pediatric Dialysis, LLC

   Limited Liability Company      DE   

Lawrenceburg Dialysis, LLC

   Limited Liability Company      DE   

Liberty RC, Inc.

   Corporation      NY   

Limon Dialysis, LLC

   Limited Liability Company      DE   

Lincoln Park Dialysis Services, Inc.

   Corporation      IL   

Little Rock Dialysis Centers, LLC

   Limited Liability Company      DE   

Llano Dialysis, LLC

   Limited Liability Company      DE   

Lockport Dialysis, LLC

   Limited Liability Company      DE   

Long Beach Dialysis Center, LLC

   Limited Liability Company      DE   

Lord Baltimore Dialysis, LLC

   Limited Liability Company      DE   

Los Angeles Dialysis Center

   Partnership      CA   

Los Arcos Dialysis, LLC

   Limited Liability Company      DE   

Manzano Dialysis, LLC

   Limited Liability Company      DE   

Maple Grove Dialysis, LLC

   Limited Liability Company      DE   

Maples Dialysis, LLC

   Limited Liability Company      DE   

Marysville Dialysis Center, LLC

   Limited Liability Company      DE   

Mason-Dixon Dialysis Facilities, Inc.

   Corporation      MD   

Memorial Dialysis Center, L.P.

   Limited Partnership      DE   

Mena Dialysis Center, LLC

   Limited Liability Company      DE   

Mesilla Dialysis, LLC

   Limited Liability Company      DE   

Middlesex Dialysis Center, LLC

   Limited Liability Company      DE   

Miramar Dialysis Center, LLC

   Limited Liability Company      DE   

Moncrief Dialysis Center/Total Renal Care Limited Partnership

   Limited Partnership      DE   

Mountain West Dialysis Services, LLC

   Limited Liability Company      DE   

Muskogee Dialysis, LLC

   Limited Liability Company      DE   

Natomas Dialysis, LLC

   Limited Liability Company      DE   

Neptune Artificial Kidney Center, LLC

   Limited Liability Company      NJ   

New Bay Dialysis, LLC

   Limited Liability Company      DE   

New Hope Dialysis, LLC

   Limited Liability Company      DE   

New Springs Dialysis, LLC

   Limited Liability Company      DE   

North Austin Dialysis, LLC

   Limited Liability Company      DE   

North Colorado Springs Dialysis, LLC

   Limited Liability Company      DE   

Oasis Dialysis, LLC

   Limited Liability Company      DE   

Ohio River Dialysis, LLC

   Limited Liability Company      DE   

 

Page 3 of 6


Name

   Structure    Jurisdiction
of
Incorporation
 

Open Access Lifeline, LLC

   Limited Liability Company      DE   

Orange Dialysis, LLC

   Limited Liability Company      CA   

Palomar Dialysis, LLC

   Limited Liability Company      DE   

Peaks Dialysis, LLC

   Limited Liability Company      DE   

Physicians Choice Dialysis of Alabama, LLC

   Limited Liability Company      DE   

Physicians Dialysis Acquisitions, Inc.

   Corporation      DE   

Physicians Dialysis of Houston, LLP

   Limited Liability Partnership      TX   

Physicians Dialysis of Lancaster, LLC

   Limited Liability Company      PA   

Pike Dialysis, LLC

   Limited Liability Company      DE   

Pittsburg Dialysis Partners, LLC

   Limited Liability Company      DE   

Platte Dialysis, LLC

   Limited Liability Company      DE   

Rancho Dialysis, LLC

   Limited Liability Company      DE   

Red Willow Dialysis, LLC

   Limited Liability Company      DE   

Refuge Dialysis, LLC

   Limited Liability Company      DE   

Renal Clinic Of Houston, LLC

   Limited Liability Company      DE   

Renal Life Link, Inc.

   Corporation      DE   

Renal Treatment Centers—California, Inc.

   Corporation      DE   

Renal Treatment Centers—Illinois, Inc.

   Corporation      DE   

Renal Treatment Centers, Inc.

   Corporation      DE   

Renal Treatment Centers—Mid-Atlantic, Inc.

   Corporation      DE   

Renal Treatment Centers—Northeast, Inc.

   Corporation      DE   

Renal Treatment Centers—Southeast, L.P.

   Limited Partnership      DE   

Renal Treatment Centers—West, Inc.

   Corporation      DE   

Riddle Dialysis, LLC

   Limited Liability Company      DE   

Ripley Dialysis, LLC

   Limited Liability Company      DE   

Rita Ranch Dialysis, LLC

   Limited Liability Company      DE   

River Valley Dialysis, LLC

   Limited Liability Company      DE   

RMS Lifeline, Inc.

   Corporation      DE   

RNA-DaVita Dialysis, LLC

   Limited Liability Company      DE   

Robinson Dialysis, LLC

   Limited Liability Company      DE   

Rochester Dialysis Center, LLC

   Limited Liability Company      DE   

Rocky Mountain Dialysis Services, LLC

   Limited Liability Company      DE   

Roose Dialysis, LLC

   Limited Liability Company      DE   

Ross Clark Circle Dialysis, LLC

   Limited Liability Company      DE   

Royale Dialysis, LLC

   Limited Liability Company      DE   

Saddleback Dialysis, LLC

   Limited Liability Company      DE   

SafeHarbor Dialysis, LLC

   Limited Liability Company      DE   

SAKDC-DaVita Dialysis Partners, L.P.

   Limited Partnership      DE   

Sandusky Dialysis, LLC

   Limited Liability Company      DE   

San Marcos Dialysis, LLC

   Limited Liability Company      DE   

Santa Fe Springs Dialysis, LLC

   Limited Liability Company      DE   

Seneca Dialysis, LLC

   Limited Liability Company      DE   

Shadow Dialysis, LLC

   Limited Liability Company      DE   

Shayano Dialysis, LLC

   Limited Liability Company      DE   

Shining Star Dialysis, Inc.

   Corporation      NJ   

Siena Dialysis Center, LLC

   Limited liability Company      DE   

Soledad Dialysis Center, LLC

   Limited Liability Company      DE   

Somerville Dialysis Center, LLC

   Limited Liability Company      DE   

South Central Florida Dialysis Partners, LLC

   Limited Liability Company      DE   

South Shore Dialysis Center. L.P.

   Limited Partnership      DE   

 

Page 4 of 6


Name

   Structure    Jurisdiction
of
Incorporation
 

Southcrest Dialysis, LLC

   Limited Liability Company      DE   

Southeastern Indiana Dialysis, LLC

   Limited Liability Company      DE   

Southern Colorado Joint Ventures, LLC

   Limited Liability Company      DE   

Southern Hills Dialysis Center, LLC

   Limited Liability Company      DE   

Southwest Atlanta Dialysis Centers, LLC

   Limited Liability Company      DE   

St. Luke’s Dialysis, LLC

   Limited Liability Company      DE   

Star Dialysis, LLC

   Limited Liability Company      DE   

Steam Dialysis, LLC

   Limited Liability Company      DE   

Storrie Dialysis, LLC

   Limited Liability Company      DE   

Strongsville Dialysis, LLC

   Limited Liability Company      DE   

Sugarloaf Dialysis, LLC

   Limited Liability Company      DE   

Summer Dialysis, LLC

   Limited Liability Company      DE   

Summit Dialysis Center, L.P.

   Limited Partnership      DE   

Sun City Dialysis Center, LLC

   Limited Liability Company      DE   

Sun City West Dialysis Center LLC

   Limited Liability Company      DE   

Sunset Dialysis, LLC

   Limited Liability Company      DE   

Taylor Dialysis, LLC

   Limited Liability Company      DE   

Tel-Huron Dialysis, LLC

   Limited Liability Company      DE   

Tennessee Valley Dialysis Center, LLC

   Limited Liability Company      DE   

The Woodlands Dialysis Center, L.P.

   Limited Partnership      DE   

Tortugas Dialysis, LLC

   Limited Liability Company      DE   

Total Renal Care/Eaton Canyon Dialysis Center Partnership

   Partnership      CA   

Total Renal Care, Inc.

   Corporation      CA   

Total Renal Care North Carolina, LLC

   Limited Liability Company      DE   

Total Renal Care Texas Limited Partnership

   Limited Partnership      DE   

Total Renal Laboratories, Inc.

   Corporation      FL   

Total Renal Research, Inc.

   Corporation      DE   

Transmountain Dialysis, L.P.

   Limited Partnership      DE   

TRC-Dyker Heights, L.P.

   Limited Partnership      NY   

TRC-Four Corners Dialysis Clinics, LLC

   Limited Liability Company      NM   

TRC-Georgetown Regional Dialysis LLC

   Limited Liability Company      DC   

TRC-Indiana LLC

   Limited Liability Company      IN   

TRC-Petersburg, LLC

   Limited Liability Company      DE   

TRC of New York, Inc.

   Corporation      NY   

TRC West, Inc.

   Corporation      DE   

Tree City Dialysis, LLC

   Limited Liability Company      DE   

Tulsa Dialysis, LLC

   Limited Liability Company      DE   

Turlock Dialysis Center, LLC

   Limited Liability Company      DE   

Tustin Dialysis Center, LLC

   Limited Liability Company      DE   

University Dialysis Center, LLC

   Limited Liability Company      DE   

Upper Valley Dialysis, L.P

   Limited Partnership      DE   

Urbana Dialysis, LLC

   Limited Liability Company      DE   

USC-DaVita Dialysis Center, LLC

   Limited Liability Company      CA   

UT Southwestern DVA Healthcare, LLP

   Limited Liability Partnership      TX   

Valley Springs Dialysis, LLC

   Limited Liability Company      DE   

Verde Dialysis, LLC

   Limited Liability Company      DE   

VillageHealth DM, LLC

   Limited Liability Company      DE   

Walker Dialysis, LLC

   Limited Liability Company      DE   

Wauseon Dialysis, LLC

   Limited Liability Company      DE   

Wesley Chapel Dialysis, LLC

   Limited Liability Company      DE   

West Broomfield Dialysis, LLC

   Limited Liability Company      DE   

 

Page 5 of 6


Name

   Structure    Jurisdiction
of
Incorporation
 

West Elk Grove Dialysis, LLC

   Limited Liability Company      DE   

West Sacramento Dialysis, LLC

   Limited Liability Company      DE   

Weston Dialysis Center, LLC

   Limited Liability Company      DE   

Wilder Dialysis, LLC

   Limited Liability Company      DE   

Willowbrook Dialysis Center, L.P.

   Limited Partnership      DE   

Wood Dialysis, LLC

   Limited Liability Company      DE   

Wyandotte Central Dialysis, LLC

   Limited Liability Company      DE   

Wyler Dialysis, LLC

   Limited Liability Company      DE   

Ybor City Dialysis, LLC

   Limited Liability Company      DE   

Yucaipa Dialysis, LLC

   Limited Liability Company      DE   

Zephyrhills Dialysis Center, LLC

   Limited Liability Company      DE   

 

Page 6 of 6

Consent of KPMG LLP

Exhibit 23.1

Consent of Independent Registered Public Accounting Firm

The Board of Directors and Shareholders

DaVita Inc.:

We consent to the incorporation by reference in the registration statements on Forms S-8 (No. 333-169467, No. 33-84610, No. 33-83018, No. 33-99862, No. 33-99864, No. 333-01620, No. 333-34693, No. 333-34695, No. 333-46887, No. 333-75361, No. 333-56149, No. 333-30734, No. 333-30736, No. 333-63158, No. 333-42653, No. 333-86550, No. 333-86556, No. 333-144097 and No. 333-158220) and Form S-3 (No. 333-169690 and No. 333-69227) of DaVita Inc. of our reports dated February 25, 2011, with respect to the consolidated balance sheets of DaVita Inc. and subsidiaries as of December 31, 2010 and 2009, and the related consolidated statements of income, equity and comprehensive income, and cash flows for each of the years in the three-year period ended December 31, 2010, and related financial statement schedule, and the effectiveness of internal control over financial reporting as of December 31, 2010, which reports appear in the December 31, 2010 annual report on Form 10-K of DaVita Inc.

As discussed in Note 1 to the consolidated financial statements, the Company adopted Financial Accounting Standards Board (FASB) Statement of Financial Accounting Standards No. 160, Noncontrolling Interests in Consolidated Financial Statements (included in FASB ASC Topic 810, Consolidation), on a prospective basis except for the presentation and disclosure requirements which were applied retrospectively for all periods presented effective January 1, 2009.

/s/ KPMG LLP

Seattle, Washington

February 25, 2011

Certificaton of the Chief Executive Officer

Exhibit 31.1

SECTION 302 CERTIFICATION

I,    Kent J. Thiry, certify that:

1.    I have reviewed this annual report on Form 10-K of DaVita Inc.;

2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;

3.    Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report;

4.    The registrant’s other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the registrant and we have:

 

  (a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;

 

  (b) Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles;

 

  (c) Evaluated the effectiveness of the registrant’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and

 

  (d) Disclosed in this report any change in the registrant’s internal control over financial reporting that occurred during the registrant’s most recent fiscal quarter (the registrant’s fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting; and

5.    The registrant’s other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant’s auditors and the audit committee of the registrant’s board of directors (or persons performing the equivalent functions):

 

  (a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant’s ability to record, process, summarize and report financial information; and

 

  (b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant’s internal control over financial reporting.

 

/S/    KENT J. THIRY        

Kent J. Thiry

Chief Executive Officer

Date: February 25, 2011

Certification of the Chief Financial Officer

Exhibit 31.2

SECTION 302 CERTIFICATION

I, Luis A. Borgen, certify that:

1.    I have reviewed this annual report on Form 10-K of DaVita Inc.;

2.    Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;

3.    Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report;

4.    The registrant’s other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the registrant and we have:

 

  (a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;

 

  (b) Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles;

 

  (c) Evaluated the effectiveness of the registrant’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and

 

  (d) Disclosed in this report any change in the registrant’s internal control over financial reporting that occurred during the registrant’s most recent fiscal quarter (the registrant’s fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting; and

5.    The registrant’s other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant’s auditors and the audit committee of the registrant’s board of directors (or persons performing the equivalent functions):

 

  (a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant’s ability to record, process, summarize and report financial information; and

 

  (b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant’s internal control over financial reporting.

 

/s/    LUIS A. BORGEN        

Luis A. Borgen

Chief Financial Officer

Date: February 25, 2011

Certification of the Chief Executive Officer

Exhibit 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of DaVita Inc. (the “Company”) on Form 10-K for the year ending December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Periodic Report”), I, Kent J. Thiry, Chief Executive Officer of the Company, certify, pursuant to 18.U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:

 

  1. The Periodic Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

 

  2. The information contained in the Periodic Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

 

/s/    KENT J. THIRY        

Kent J. Thiry

Chief Executive Officer

February 25, 2011

Certification of the Chief Financial Officer

Exhibit 32.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER

PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of DaVita Inc. (the “Company”) on Form 10-K for the year ending December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Periodic Report”), I, Luis A. Borgen, Chief Financial Officer of the Company, certify, pursuant to 18.U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:

 

  1. The Periodic Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

 

  2. The information contained in the Periodic Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

 

/S/    LUIS A. BORGEN        

Luis A. Borgen

Chief Financial Officer

February 25, 2011